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HomeMy WebLinkAboutAgenda - 04-29-2003-7aORANGE COUNTY BOARD OF COMMISSIONERS 96Y761�zai�� ✓rtk2cff S ( 2OD3 DECISION IT7Febru ABSTRACT Meeting Date: , 2003 Action Agenda Item No. SUBJECT: Major Subdivision and Rural Buffer Notification and Flexible Development Amendments DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) NO ATTACHMENT(S): Ordinance Amendment p 3 Minutes Nov. 25, 2002 Public Hearing p 6 INFORMATION CONTACT: Craig Benedict, Planning Director, ext. 2592 Robert P. Davis, Planner III, ext. 2580 TELEPHONE NUMBERS: Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 336- 227 -2031 PURPOSE: To make a decision on a Subdivision Regulations amendment to: 1) allow flexible development guidelines to be applied in the Rural Buffer Zoning District, 2) enhance the notification procedures by requiring an informational sign to be placed on major subdivision proposals in the County planning jurisdiction prior to Neighborhood Information Meetings, and 3) increase, at concept stage, the percentage of lots that requires a soil analysis by a soil scientist. BACKGROUND: During a recent subdivision approval for a tract in the Rural Buffer, citizens adjacent to the development proposal questioned why there were no resident notifications for major subdivision proposals in the Rural Buffer similar to those required in other zoning districts. There was also a question concerning why there is not an open space component required in Rural Buffer developments. After a discussion of the review standards in the other zoning districts, it was decided that an amendment to subdivision regulations was needed in order to create consistent procedures in both the development and the public notification process for major subdivisions within County - regulated zoning districts. The Subdivision Regulations presently require that only Conventional Development apply to major subdivisions in the Rural Buffer. The property owner notification of a Neighborhood Information Meeting (NIM) and mandatory open space provisions are components of the Flexible Development guidelines of the Subdivision Regulations. Flexible Development is not allowed in the Rural Buffer. Therefore, there is no NIM and developments have tended toward projects that had either no open space or an amount less than 33 %. These amendments, if approved, will mandate application of the Flexible Development standards in the Rural Buffer, provided that proposals are in accordance with the Joint Planning Area agreement and rules. For major subdivisions in the Rural Buffer, two -acre lot minimums and at least 33% open space will be required for all Flexible Development proposals. The Conventional Development Plan option will still be optional as it is now in non -Rural Buffer districts. In summary, this amendment means that development proposals in the Rural Buffer shall be submitted, reviewed, regulated, and processed in the same manner as are other major subdivision projects within the County's planning jurisdiction. A second provision integrated into the existing Flexible Development guidelines is an amendment that requires staff to post an informational sign intended to give public notice of the Neighborhood Information Meeting (NIM) on major subdivision tracts. The sign will give area residents information about the subdivision proposal as well as the Planning Department telephone number to call for more information. Presently, the subdivision regulations do not require a sign posting for the NIM anywhere within the County's zoning jurisdiction. The final change in the amendment is to increase the percentage of lots in the "Yield" plan that would have to be evaluated by a soil scientist for soil suitability of septic systems when a Flexible Development is being prepared. The current percentage is 10 -15% of the proposed lots; the recommendation is to raise the percentage to 50% of the proposed lots. This higher percentage will require the design of a subdivision to reflect the available soils within a project at the concept plan stage, not at the preliminary stage. Notification Procedures in Joint Planning Area Agreement for Courtesy Review The Joint Planning Area (JPA) Agreement specifies how notification to Carrboro and Chapel Hill is to be carried out for developments, text and map amendments in the Rural Buffer. County notification procedure has been to send the entire application to Chapel Hill and Carrboro in packet form, just as it is sent to the various boards as a part of the County approval process. Each year, the Planning Department creates a meeting schedule calendar for the Planning Board. This calendar integrates the BOCC meeting dates into the Planning Board meeting schedule. By following the proper meeting sequence and dates listed on the yearly board calendars, the County is assured that no project is approved counter to JPA agreement. Subdivision Regulation Changes: A. Allows the Flexible Development Option (NOTE: Excludes the Village Option) to be used for all major subdivisions located in the Rural Buffer, but only in accordance with the Joint Planning Area agreement and rules. B. Amends Concept Plan application requirements for all major subdivisions within the County's Jurisdiction 1. Maintains the mail notification process to adjoining property owners for the NIM 2. Requires Planning Staff to post a sign on proposed subdivision a minimum of seven (7) days prior to the Neighborhood Information Meeting (NIM) a. States date, time and location of the NIM b. States total number of lots c. States the Planning Department Telephone Number C. Raises the percentage of residential lots on the "Yield" plan to show soil suitability for at least 50% of the potential lots rather that 10 -15% as currently required. These Subdivision Regulation amendments were originally a part of the proposed Special Use Permit process for Major Subdivisions that was presented at the public hearing in November 2002. Because other parts of the proposed Public Hearing ordinance are being processed independently, this recommendation and ordinance have been removed from the Public Hearing ordinance and are proceeding along a separate track. IT Planning Board Recommendation: On February 5, 2002, the Planning voted 7 -1 to recommend approval of the amendments. The only discussion centered on whether the ordinance should specify Licensed Soil Scientist rather than Soil Scientist. The Board decided to leave the ordinance as written because Environmental Health reviews the work of the soil scientists in either case. FINANCIAL IMPACT: There is no public financial impact associated with this item. RECOMMENDATION (S): Administration recommends Approval of the amendments. Planning Board recommends Approval of the amendments. Planning Staff recommends Approval of the amendments. /%� P wi 4ec[4 � � 20o3