HomeMy WebLinkAboutAgenda - 02-03-2004-8jORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 3, 2004
SUBJECT: Subdivision Regulations Amendment: IV-13-3 Streets
DEPARTMENT: Planning and Inspections PUBLIC HEARING:
Action Agenda
Item No.
(Y/N)
ATTACHMENT(S):
Ordinance Amending Orange County Subdivision
Regulations
November 24, 2003 Public Hearing Draft Minutes
January 8, 2004 Planning Board Draft Minutes
INFORMATION CONTACT:
Craig Benedict, ext. 2592
Karen Lincoln, ext. 2594
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane (336)227-2031
PURPOSE: To receive the Planning Board and Administration recommendations, close the Public
Hearing and make a decision regarding aproposedamendmenttotheOrange CountySubd!vision
Regulations, IV-13-3 Streets, subsection IV-133-a.
BACKGROUND: The Board of County Commissioners, on May 20, 2003, approved
recommendations contained in the Joint Orange Grove Road Transportation Group (JOGRTG)
Report and Access Management Plan, and authorized staff to pursue actions to implement the
recommendations. The proposed amendment to the Orange County Subdivision Regulations,
Section IV-B-3-a, would require developers of land abutting a roadway for which the Board has
approved an access management plan or similar corridor study to meet provisions recommended
by such plans or studies.
Elements of access management plans may recommend provisions to reduce conflict points such
as driveway spacing, street design and alignment and/or provision of facilities for bicycles,
sidewalks, and public transportation.
This item was presented at the November 24, 2003 Quarterly Public Hearing. Commissioner
Jacobs asked if it would apply to Orange Grove Road and Craig Benedict replied that it would,
Commissioner Jacobs also asked about countywide applicability and Benedict responded that the
BOCC could direct staff to look at other areas in the County at a future time, There were no
additional questions or comments from the public.
The Planning Board considered this item on January 8, 2004 and voted unanimously to
recommend approval. There were no questions or comments..
FINANCIAL IMPACT: There is no immediate financial impact associated with this item.
RECOMMENDATION(S): The Administration recommends APPROVAL of the attached
ordinance.
2
Bold Text = Proposed Language
An Ordinance Amending the Subdivision Regulations of Orange County
Be it ordained by the Board of Commissioners of the County of Orange, North Carolina,
that the Subdivision Regulations are hereby amended as follows:
(page 27) Amend Section IV-B-3 (Streets) by adding a new element, IV-B-3-a-1, to
subsection IV-B-3-a of the Orange County, NC, Subdivision Regulations to
read as follows:
IV-B-3. STREETS
*IV-B-3-a.
*Amended
4/4/88
11/19/01 The provision of street rights-of-way shall conform to and meet the
requirements of such adopted Comprehensive Plan for Orange County as
may be recommended by the Planning Board and adopted by the Orange
County Board of County Commissioners, from its date of adoption,
including, where appropriate, reservation for or dedication of street rights-
of-way for future transportation facilities proposed in the Comprehensive
Plan. 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-a-1. Subdivision of land abutting a roadway for which the Orange County
Board of County Commissioners has approved recommendations
from a plan or corridor study is subject to provisions of the approved
corridor plan or study. The subdivider, in such cases, shall provide
any improvements or other means to ensure construction
recommended in such plan or corridor study, such as facilities for
bicycles, sidewalks, and public transportation. The subdivider, in
cases where the recommendations address access management,
shall use design elements recommended in the plan or corridor
study to reduce conflict points.
In addition, policies prescribed in Phase V of the Access
Management Awareness Project and Report, or other adopted
studies or strategies, shall be considered during subdivision and site
plan review to assess access management and other corridor design
considerations.
3
NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners
that this Ordinance entitled "An Ordinance Amending the Subdivision Regulations of
Orange County" be adopted.
Upon motion of Commissioner , seconded by
Commissioner , the foregoing Ordinance was adopted this
the day of 2004.
I, Donna S. Baker, 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 ,
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
2004.
Clerk to the Board of Commissioners
SEAL
I DRAFT
1 MINUTES
2 ORANGE COUNTY
3 BOARD OF COMMISSIONERS
4 AND
5 ORANGE COUNTY PLANNING BOARD
6 Joint Public Hearing Agenda
7 November 24, 2003
8
9 The Orange County Board of Commissioners and the Orange County Planning Board met
10 in joint session for a public hearing on Monday, November 24, 2003 at 7:30 p.m, in the F.
11 Gordon Battle Courtroom in Hillsborough, North Carolina.
12
13 COUNTY COMMISSIONERS PRESENT: Commissioners Moses Carey, Alice M.
14 Gordon, Stephen H. Halkiotis and Barry Jacobs
15 COUNTY COMMISSIONERS ABSENT: Chair Margaret W. Brown,
16 COUNTY ATTORNEY PRESENT: S. Sean Borhanian
17 COUNTY STAFF PRESENT: County Manager .John M. Link, Jr., and Clerk to the
18 Board Donna S. Baker (All other staff members will be identified appropriately below)
19 PLANNING BOARD MEMBERS PRESENT: Vice-Chair Hunter Schofield and
20 members Noah Ranells, Jay Bryan, Cranford Goodwin, Barry Katz, Sam Lasris, Ted
21 Triebel, Bryan Dobyns,
22 PLANNING BOARD MEMBERS ABSENT: Chair Nicole Gooding-Ray, Rachel
23 Preston, Maria Tadd, Renee Price
24
25 NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE
26 PERMANENT AGENDA FILE IN THE PERMANENT AGENDA FILE IN THE
27
28 A. Opening Remarks from the Chair - Vice Chair Alice Gordon called the meeting
29 to order, in the absence of Chair Brown.
30
31 B. Public Charge- Vice Chair Alice Gordon dispensed with the reading of the public
32 charge.
3.3
34 Commissioner Gordon said that she will open the meeting and call for the motions of
35 the BOCC and will close the meeting and Vice Chair Hunter Schofield will chair the public
36 hearing items.
37
38 C. Public Hearing- Planning Board Vice Chair Hunter Schofield
39
40 1. Orange County Zoning Atlas Amendment - PD-1-03 State Employees Credit
41 Union
42 a. Request for rezoning of an Economic Development - Limited Office 1 (ED-LO-1)
43 district to a Planned Development Economic Development Linear Office (PD-ED-
44 LNR) district with a Class A Special Use Permit.
45
46 Vice-Chair Schofield reviewed the procedure for this part of the agenda item:
47
48 Procedures for Re-Zoning and Special Use Permit-
49 ? The Re-zoning will be legislative
4
25 DRAFT
1 Craig Benedict said that no, but farmers can write to the telecommunication companies 5
2 or they can contact whomever they want to pursue towers on their properties
3 independently from the MTP.
4
5 Noah Rannell asked about preferred sites are in order as listed and why a farmer's falls
6 in at number five.
8 Craiq Benedict said that the way that we are suggesting this now. Commissioner
9 Gordon asked why we want the agriculture below the commercial in the priority.
10
11 Craig Benedict said that agriculture was considered as a part of the MTP plan and until
12 the County accepts the MTP farms fall out of the siting criteria.
13
14 Commissioner Gordon asked why we are not doing MTP now.
15
16 Craig Benedict said that using the MTP for a planning tool for information for does not
17 give them the ability to put a priority list in the MTP. He stated this could be done for the
18 February 2004 public hearing.
19
20 Commissioner Jacobs asked if this went to public hearing in February would they lose
21 a whole year of applications.
22
23 Craig Benedict stated that they would have to ask the County Attorney's office if there is
24 some vesting.
25
26 Sean Borhanian said that there would not be vesting.
27
28 A motion was made by Commissioner Barry Jacobs, seconded by Commissioner
29 Halkiotis to accept the Administration's recommendation to refer the proposed
30 amendments to the Planning Board for a recommendation to be returned to the
31 BOCC no sooner than January 26, 2004.
32
33 VOTE: UNANIMOUS
34
35 4. Text Amendments to the Orange County Subdivision Regulations
36
37 Craig Benedict
38
39 a. Amend Section IV-13-3 (Streets) to consider requiring bicycle facilities, sidewalks,
40 and common access points concurrent with development projects that abut or
41 adjoin roadways with approved access management plans.
42
43 Craig Benedict said that these items both have to do with amendments to subdivision
44 regulations and you can have good regulations. They were able to do a study with Orange
45 Grove road plan that has universal applications.
46
47 Commissioner Jacobs asked if this will apply on Orange Grove Road.
48
26 DRAFT
Craig Benedict said that this applies to Orange Grove Road and they will give it to
NCDOT and they will enforce it in the study area and we will enforce it on projects under
our review. NCDOT still has the final authority.
5 Commissioner Jacobs said this process sounds very time and effort intense and they
6 need to and does this get us any closer---because if they had something like this on old
7 86---then how can we make this applicable countywide?
9 Craig Benedict said that if they use generic subdivision standards - it will not have
10 applicability in the other parts of the county; it is difficult to have universal standards and
11 to get them closer to their goal. They can consider it but it will not have to do it. He stated
12 that this Board could direct staff to look at other areas in County at a future time.
13
14 A motion was made by Commissioner Jacobs, seconded by Commissioner Carey to
15 accept the Administration's recommendation to refer the proposed amendment to
16 the Planning Board for a recommendation to be returned to the BOCC no sooner
17 than January 26, 2004.
18
19 Vice-Chair Schofield asked if there were any questions from planning board or public-
20 none.
21
22 VOTE: UNANIMOUS
23
24 b. Amend Section V-D (Final Plat) to update certifications that are outdated, to add a
25 certification and an endorsement for the Schools Adequate Public Facilities
26 Ordinance, and to add statements for water and sewer endorsements; also minor
27 changes related to process and procedure and information to be shown on final
28 plat.
29
30 Craig Benedict stated that this items is to update final plat signoffs and he reviewed
31 changes:
32
33 Vice-Chair Schofield asked if there were any questions.
.34
35 Commissioner Gordon referred to number 9 - major and minor - it seems a little
36 restrictive and how many of these changes go beyond what is necessary to implement
37 SAPFO.
38
39 Craig Benedict said that they looked at regulations and he said that if Board of County
40 Commissioners think 90 is to short they can provide alternatives.
41
42 Commissioner Gordon said it might not be too short but it is a change.
43
44 Commissioner Jacobs said if they have to be same length.
45
46 Sean Borhanian said that these certificates are now 90 days in another section of the
47 ordinance and the certifications and statements have not been changed,
48
49 John Link asked if this was just a clean up item?
DRAFT
MINUTES
On Items 8.A.1
8.D.1 &2.
ORANGE COUNTY PLANNING BOARD
THURSDAY, January 8, 2004
Dinner - 6:00 - 6:30
Regular Meeting - 6:30 p.m. - 9:30 p.m.
MEMBERS PRESENT: Hunter' Schofield, Chair, Cedar Grove Representative; Jay Bryan, Vice-
Chair, Chapel Hill at Large; Brian Dobyns, Cheeks, Representative; Theresa Nicole Graysmith,
Chapel Hill at Large; Craufurd Goodwin, Hillsborough Representative; Dr. Barry Katz, Chapel
Hill at Large; Sam Lasris, Chapel Hill at Large; Renee Price, Chapel Hill at Large; Noah
Ranells, Bingham at Large; Theodore W. Triebel, Little River Representative;.
MEMBERS ABSENT: Maria Tadd, Bingham Representative
STAFF PRESENT: Craig N. Benedict, AICP, Planning Director; Catherine LaSpaluto, Admin Asst
II; Robert Davis, Cunent Planning Supervisor; Tom Altieri, Supervisor Planner' III; Gene Bell,
Planning Systems Coordinator, Planner III, Eddie Kirk, Planner III
8.D. TEXT AMENDMENTS TO THE ORANGE COUNTY SUBDIVISION REGULATIONS
1. Recommendations of Orange Grove Road Transportation Group
2. Certificates and Endorsements to Appear on Final Plat
Hunter suggest motion be made to combine 8.D.1 &2.
MOTION on Combining 8.1 .1 &2, by Jay Brian - Barry Katz seconds
VOTE: All Ayes.
Hunter Schofield: We heard these prior to going to the Public Hearing as well as at the Public
Hearing and everyone seemed to have a good understanding and no concerns.
MOTION to approve by Hunter Schofield - Barry Katz seconds.
VOTE: All Ayes