HomeMy WebLinkAboutAgenda - 11-24-2003-c2b,~ ~ 5
ORANGE COUNTY BOARD OF COMMISSIONERS
AND
PLANNING BOARD
PUBLIC HEARING AGENDA ITEM AB5TRACT
Meeting Date: November 24, 2003
Action Agenda
Item No. C.2.b
SUBJECT: Concurrent Text Amendments to the Orange County Zoning Ordinance and
Orange County Subdivision Regulations -Growth Management System Lot Thresholds
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN)
ATTACHMENT(S):
Table, Growth Management System
Map, Growth Management System
Ordinance, Special Use Subdivision
INFORMATION CONTACT:
Craig Benedict, Planning Director Ext 2592
Geoff Gledhill, County Attorney
John Link, County Manager, Ext 2300
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To hear citizen and public comments regarding the proposed text amendments to
the Zoning Ordinance and the Subdivision Regulations. The proposal would require major
subdivisions with more than 20 lots, in Rural Designated areas, to fallow a planned
development/special use permitlzoning atlas amendment process.
BACKGROUND:
On November 5, 2003 the Orange County BOCC adopted a Growth Management System,
Forty-one (41) lots and above were determined to be the threshold whereby Rural Designated
subdivisions would undergo a rezoning.
Although the Planning Board, at their September 3, 2003 meeting, recommended a Growth
Management System with different lot number thresholds, their recommendation could not be
considered by the BOCC on November 5~' because of public notification legal requirements.
Specifically, the legal advertisement for the August 25, 2003 Joint Public Hearing did not
support, from a legal notification standpoint, the Planning Board's recommendation,
Therefore, a new legal ad was requested by the BOCC to be published providing notification
that a Public Hearing would be conducted on November 24, 2003 to consider amending the
County's newly adopted Growth Management System to incorporate the lot number thresholds
that were recommended by the Planning Board on September 3`d which would further reduce
the rezoning threshold in Rural Designated areas to 21 lots and above.
G:\Comprehcnsive Planning Div\GENE\2003 Pubtic Hearings\Nov 24\Subdivs of 20+ Lots PDSUP\Abstract t 11203 doc
A technical rationale was developed to differentiate the impacts of potential traffic generated by
subdivisions of different lot counts and based on the type of road. Road widths and design
configurations can accommodate varying amounts of traffic volume, so it is important to
evaluate the relative impacts to a road system not based solely on lot count but also on the
capacity/design of the adjacent road. Below are some examples of how traffic impacts can be
equated on different roads and different size/scale subdivisions, The thresholds are objectively
based on percentage traffic, increase to the total capacity of the road system. One must also
understand that prior to total road capacity buildout, the road has actual lower traffic counts
that, from a subjective standpoint, create a relatively higher percentage traffic increase in the
interim.
DAILY CAPACITY
Rural Road Suburban Road Urban Road
Subdivision Subdivision 2-lane (LOS `B') 2-lane (LOS `D') 3-lane (LOS `D')
Size Traffic 4,000 12,000 16,000
(# of Lots) (Trips Per Day) % % %
20 200 5.0 1.7 1.3
40 400 10.0 3.3 2.5
80 800 20.0 6.7 5.0
The impact of projects in rural areas with over 5.0% traffic increase above total capacity
comports to significant changes warranting the additional review through the subdivision and
zoning process. Although Level of Service (LOS) `D' is commonly used as a benchmark far
urban planning purposes, a LOS 'B' may be more appropriate in rural areas where maintaining
rural character and safety far agricultural operations is of greater importance,
The following provides a summary of the Articles/Sections of the County's Subdivision
Regulations and Zoning Ordinance that will need to be amended to incorporate the proposed
changes to the Growth Management System lot number thresholds. The attached table
provides the existing and proposed thresholds.
Subdivision Regulation Changes:
Amend Section II (Definitions) and Section III-D-3 (Preliminary Plat Approval) of the Subdivision
Regulations to require subdivisions with more than 20 lots in rural designated areas to follow a
planned development/special use permit/zoning atlas amendment process. Specifics provided
in attached Ordinance.
Zoning Ordinance Changes:
Amend Article 22 (Definitions), Article 4.1 (Establishment of Use Regulations), Article 4.3
(Permitted Use Table), and Article 6.29.4 (Additional Requirements for Certain Subdivisions) of
the Zoning Ordinance to require subdivisions with more than 20 lots in rural designated areas to
follow a planned development/special use permit/zoning atlas amendment process. Specifics
provided in attached Ordinance,
Process
1) Public Hearing to be held on November 24, 2003.
2) Planning Board to make recommendation to BOCC.
3) BOCC makes final decision
G:\Comprehensive Plannin0 Div\GENE@003 Public HearingsWov 24\Subdivs of 20+ L°LS PDSL7PWbstract t 11203 doc
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FINANCIAL IMPACT: There is no public financial impact associated with this item.
RECOMMENDATION(S):
Planning Staff recommends Approval of the amendments.
Administration recommends that the proposed amendments be referred to the Planning
Board for a recommendation returned to the BOCC no sooner than December 9, 2003.
G:\Comprehcnsive Planning Div\GENEt2003 Public HearingsWov 24tSubdivs of 20+ Lots PDSCJP\Abstract t 11203 doc
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x:39
ORANGE COUNTY PLANNING DEPARTMENT ATTACFJIVIGNT 1
306F REVERE ROAD November 24, 2003
HILLSBOROUGH, NORTH CAROLINA 27278 BOCC MEETING
12
URBAN DESIGNATION NO CHANGE PROPOSED
WITHIN TRANSITION AREA OVERLAY AND WATER AND SEWER SERVICE AREAS 1
PRIMARILY RURAL RESIDENTIAL R-1 AND OTHER ZONING DISTRICTS
TAN*
MA]OR SUBDIVISIONS
STANDARD
CLASS A SPECIAL USE PERMiT PLANNED
DEVELOPMENT
MAJOR
1, Number of 6-2p 21-40 41-79 80+
Lots
Yes,
Yes, Yes, Yes,
Minimum Existing Standards in Section Standards in Section Standards in Section
Subdivision Upgraded IV of Subdivision Code IV of Subdivision IV of Subdivision
2
Design Standards in Code Code
Standards Section IV of
Subdivision Code
Yes, Yes, Yes,
General General
General Requirements Requirements in Requirements in
in Article 8.1-8.7, 8,8 Article 8,1-8.7, 8.6 Article 8.1-8J, 8,8
Special Use NO a-d and a-d and a-d and
4" Permit (QJ)
Specific Requirements
Specific
Specific
in 8.8,29,1A Requirements in Requirements in
8.8,29.1A and 8,8.29.1A and
8.8.29.18 8.8.29.16
Yes,
Planned
Development
NO NO Requirements in
3, Zoning NO Article 7 of Zoning
Amendment Code
(L)
Decision Processes: (L) -Legislative (QJ) -Quasi-Judicial
[iJ Includes Adopted Comprehensive Plan 10 & 20-Year Transition Areas and EDD located in Water and Sewer Boundary
Agreement Service Areas
*See New Zoning District Map a/k/a Special Use Subdivision Growth Management System Map
Annotation Notes: (not to be part of Ordinance)
• All Subdivision proposals must also be in accordance with Land Use Density and Zoning Regulations,
No change recommended for Minor Subdivisions or Major Subdivisions equal to or less than 20 lots
EaS 4 ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
ATTACHMENT 1
November 24, 2003
BOCC MEETING
13
MAJOR SUBDIVISIONS
MAIOR ~" `*~-"= °~ T" ' cc °rn~ PLANNED DEVELOPMENT/
CLASS A SPECIAL USE PERMIT
1. Number of Lots 6-20 X1-40 41+ 21+
2. Minimum Design Yes, aFes; Yes,
Standards
Existing Upgraded ~
~ ~a=a=~~~~"'" °~
Standards in Section IV of
Standards in Su bdivision-6ede Subdivision Code
Section IV of
Subdivision Code
Yes,
4. aFee~
General Requirements in Article
Special Use Permit NO 6 "~;~,,,
eneraH2equkern~'~' ~_'° 8.1.8.7, g,g a-d and Specific
(QJ) o o .,~ , " Requirements in 8.8.29.1A and
f2 equtreln~"°-„'~"'~''~" 8.8.29.iB
3.
Planned
Yes,
Development NO ~
Requirements in Article 7 of
Zoning
Amendment (L) Zoning Code
Decision Processes: (L) -Legislative (QJ) -Quasi-Judicial
*See New Zoning District Map a/k/a Special Use Subdivision Growth Management System Map
Annotation Notes: (not to be part of Ordinance)
No change recommended for Minor Subdivisions or Major Subdivisions equal to or less than 20 Tots
r,
z
Attachment 2
Growth Management System
Urban and Rural Designated Areas
Adopted at 1115103 BOCC Meeting
DRAFT
N
~y~E
1115
>gend
ption 1 Designation:
Rural Designation
Urban Designation
'. ~ City limits
_-' ETJ
-I Rural Buffer
_J R-1 Existing zoning category
outside of W&S Boundary
GIS map created by Miriam Coleman. Orange County Planning Dept.. 11/19/03
032
Ordinance to Public Hearing
Bold =Proposed Language
St+iAeBxeugk = Deleted Lattguoge
An Ordinance Amending the Zoning Ordinance and Subdivision
Regulations of Orange County
Be it ordained by the Board of Commissioners of Orange County that the Orange County
Subdivision Regulations and the Orange County Zoning Ordinance are hereby amended as
ollows
Section 1. SUBDIVISION REGULATIONS. Amend Defimhons Sectron II to delete the
Major Subdivision, Class A Special Use, Rural Designated and revise the number
of lots for the Major Subdivision, Planned Development Class A Special Use,
Rural Designated to read follows:
Major Subdivision
1) Major Subdivision, Standazd -All subdivisions not classified as either
Minor Subdivisien or Major Subdivision, Class A Special Use or Major
Subdivision, Planned Development.
2) Major Subdivision, Class A Special Use, Urban Designated (21-79 Lots)--
A tract of land in an Urban Designated azea that is proposed for a
subdivision of 21-79 lots.
3) Major Subdivision, Planned Development/Class A Special Use, Rural
Designated (4~1~ 21+ Lots)-- A tract of land in a Rural Designated azea that is
proposed for a subdivision of 41- 21 or more lots,
4) Major Subdivision, Planned Development/Class ASpecial Use, Urban
Designated (80+ Lots)-- A tract of land in an Urban Designated azea that is
proposed for a subdivision of 80 or more lots.
For the purpose of determining whether a subdivision is a Major Subdivision,
Class A Special Use (R~ral-Besignated-eF Urban Designated), or a Major
Subdivision, Planned Development/Class ASpecial Use, (Rural Designated or
Urban Designated) the number of lots created shall be determined by counting
the cumulative number of regulated lots created, through subdivisions, on a
tract or pazcel of land as the boundaries of said tract or parcel of land existed in
the Land Records of Orange County as of
[the effective date of these Amendments]
0~3
Section 2. SUBDIVISION REGULATIONS. Amend Section III-D-3 to read as follows:
~~~ Y
Ordinance to Public Hearing
Preliminary Plat Approval
Application and approval procedures specified in this Section apply to all
Preliminary Plats except and to the extent that applicable Orange County
Zoning Ordinance application and approval procedures pertain. The applicant of
a major subdivision not otherwise classified as a Major Subdivision, Class A
Special Use (~ral~esi~gnated-er Urban Designated) or a Major Subdivision,
Planned Development/Class A Special Use (Rural Designated or Urban
Designated) may choose to vest the Preliminary Plat for a longer time period
than is otherwise provided by this Section. ff he/she wishes to exercise this
option, the application approval procedures required for Class A Special Uses
shall apply as specified in Article 8 of the Orange County Zoning Ordinance for
a Site Specific Development Plan Special Use.
Those subdivisions of land, which are a Class A Special Use under this
Ordinance and under the Orange County Zoning Ordinance, shall comply with
the requirements of the Orange County Subdivision Regulations and the Orange
County Zoning Ordinance.
Section 3. ZONING ORDINANCE Amend Definitions Article 22 to delete the Major
Subdivision, Class A Special Use, Rural Designated and revise the number of lots
for the Major Subdivision, Planned Development Class A Special Use, Rural
Designated to read follows:
Maior S___._.iibdrvisr°n
1) Major Subdivision, Standazd -All subdivisions not classified as either
Minor Subdivision or Major Subdivision, Class A Special Use or Major
Subdivision, Planned Development.
> ' ., F
• F },.i'
2-1-138-1AtS:
2) Major Subdivision, Class A Special Use, Urban Designated (21-79 Lots)--A
tract of land in an Urban Designated azea that is proposed for a subdivision
of 21-79 lots.
3) Major Subdivision, Planned Development/Class A Special Use, Rural
Designated (4121+ Lots)-- A tract of land in a Rural Designated azea that is
proposed for a subdivision of 4121 or more lots.
4) Major Subdivision, Planned Development/Class ASpecial Use, Urban
Designated (80+ Lots)-- A tract of land in an Urban Designated azea that is
proposed for a subdivision of 80 or more lots.
(~ '~ 5
Ordinance to Public Rearing
Far the purpose of determining whether a subdivision is a Major Subdivision,
Class A Special Use (~rrtrl-Besi~ated-er Urban Designated), or a Major
Subdivision, Planned Development/Class A Special Use, (Rural Designated or
Urban Designated) the number of lots created shall be determined by counting
the cumulative number of regulated lots created, through subdivisions, on a
tract or parcel of land as the boundaries of said tract ar parcel of land existed in
the Land Records of Orange County as of
[the effective date of these Amendments]
Section 4, ZONING ORDINANCE.. Amend Article 4,1 by inserting the following after the
last paragraph of Article 4.1:
~* Within all districts certain subdivisions of land must meet additional
requirements and be approved either as a Class A Special Use ar as a Planned
Development, Class A Special Use as follows:
.. d~?1-40-bates.,)----A
t F 1 .i ' .. D..~.,t Do m
40-lets: v anta
1) Major Subdivision, Class A Special Use, Urban Designated (21-79 Lots)--A
tract of land in an Urban Designated azea that is proposed for a subdivision
of 21-79 lots.
2) Major Subdivision, Planned Development/Class A Special Use, Rural
Designated (41- 21+ Lots)-- A tract of land in a Rural Designated azea that is
proposed for a subdivision of 4~ 21 or more lots,
3) Major Subdivision, Planned Development/Class A Special Use Urban
Designated (80+ Lots)-- A tract of land in an Urban Designated azea that is
proposed far a subdivision of 80 or more lots.
Section 5, ZONING ORDINANCE Amend Article 4,3 Permitted Use Table, by amending
the following notes on each page of the permitted use table:
Witbin all zoning districts certain subdivisions of land in "Urban Designated"
and "Rural Designated" areas (as defined in Article 22) must be approved as
follows:
~ e 1. F"1'I n_r,-t r;-,.,rr~l n eae-;a~-T Tom. , D°--^-,n'al'D~sr~iRtea'~5
tzcxzrxca-m-i -r . ............
"Major Subdivision of 41- 21+ Lots, Planned Development Class A Specta
Use, Rural Designated" as defined in Article 22.
"Major Subdivision of 21-79 Lots, Class A Special Use, Urban Designated" as
defined in Article 22,
Ordinance to Public Hearing
;y
~!
"Major Subdivision of 80+ Lots, Planned Development Class A Special Use,
Urban Designated" as defined in Article 22.
Section 6, ZONING ORDINANCE. Amend Article 6.29 Development Standards far the
Economic Development (ED) Districts to add Section 6.29,4 as follows:
6.29,4 Additional Requirement for Certain Subdivisions -- Within all ED
Districts certain subdivisions of land must meet additional requirements and be
approved either as a Class A Special Use or as a Planned Development Special
Use as follows:
?1-40-lets:
1) Major Subdivision, Class A Special Use, Urban Designated (21-79 Lots)--A
tract of land in an Urban Designated area that is proposed for a subdivision
of 21-79 lots,
2) Major Subdivision, Planned Development/Class A Special Use, Rural
Designated (41- 21+ Lots)-- A tract of land in a Rural Designated area that is
proposed for a subdivision of 4+ 21 or more lots,
3) Major Subdivision, Planned Development/Class A Special, Urban
Designated (80+ Lots)-- A fiact of land in an Urban Designated area that is
proposed for a subdivision of 80 or more lots.
Section 7, ZONING ORDINANCE. Amend Article 7,2 Planned Development Class A
Special Use Defined to add Section 7.2e) as follows:
e) A Major Subdivision, Planned Development Class A Special Use as
described in Article 4.1.
Section 8, Tlris ordinance is effective upon its adoption.
Section 9. That this ordinance be place in the file of published ordinances,
NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners
that this ordinance entitled "Art Ordinance Amending the Zoning Ordinance and Subdivision
Regulations of Orange County" be adopted,
Ordinance to Public Hearing
Upon motion of Commissioner , seconded by Commissioner
_, the foregoing ordinance was adopted this the day of
2003.
I, Donna S. Baker, Clerk to the Boazd of Commissioners for Orange County, DO
HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on _ , 2003 as relates in any way to the adoption of the
foregoing and that said proceedings are recorded in the minutes of said Board,
WITNESS my hand and the seal of said County, this day of , 2003.
SEAL
Clerk to the Board of Commissioners
4 ~ 7
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