HomeMy WebLinkAboutAgenda - 09-16-2003-9bORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 16, 2003
Action Aged
Item No.
SUBJECT: Amendment to the Subdivision Regulations Regarding Street Access for Major
Subdivisions
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Ordinance Amending Orange County Craig Benedict, ext. 2592
Subdivision Regulations (Planning Board revision) Karen Lincoln, ext. 2594
2. Ordinance Amending Orange County TELEPHONE NUMBERS:
Subdivision Regulations (from Public Hearing) Hillsborough 732-8181
3. May 27, 2003 Joint Public Hearing Minutes Chapel Hill 968-4501
4. August 6, 2003 Planning Board Minutes Durham 688-7331
Mebane (336)227-2031
PURPOSE: To consider a proposed amendment to the Orange County Subdniision Regulations, Section IV-
B-3-b.
BACKGROUND: Staff, at the May 27, 2003 Quarterly Public Hearing, presented a proposed
change to the Orange County Subdivision Regulations to require that major subdivisions access
paved public roads. The proposed amendment was then referred to the Planning Board for a
recommendation to be returned to the Board of County Commissioners no sooner August 19, 2003.
The Planning Board voted 5 to 3 to approve a revised amendment. The revision requires major
subdivisions of 13 or more lots to access a paved public road, and exempts major subdivisions of 6
to 12 lots that meet justification standards to provide private roads. Private roads are permitted in
subdivisions having 12 or fewer lots provided the application meets private road justification
requirements. Those voting against the revised amendment cited ease of understanding/
interpreting the ordinance.
Currently, subdivision regulations require that "All subdivisions shall have at least one street which
intersects with or joins a public, municipal street, or a public, State maintained street." Not all State
maintained roads are currently paved.
A major consideration in reviewing subdivision proposals is land suitability. The road providing
access for the subdivision should be considered as part of the suitability of a parcel for subdivision
since moderate to large developments can have a significant impact on the public transportation
infrastructure. Orange County Subdivision Regulations (Appendix A) require paved public roads in
subdivisions having more than 12 lots. To ensure a safe and coordinated street system, the road
providing access to the paved subdivision road should be at least comparable to the same
standard of construction as the subdivision roads. A public road that provides access to a major
subdivision (six or more lots) should conform to current State standards for public roads, which
includes being paved.
FINANCIAL IMPACT: There is no immediate financial impact associated with this item.
RECOMMENDATION(S): Planning Staff Recommendation: Approval of the proposed
Amendment presented at the Public Hearing.
Planning Board Recommendation: Approval of the amendment
with the exception that 6 -12 lot major subdivisions that meet
private road standards may have access off an unpaved public
road.
2
Administration Recommendation: Approval of the amendment with
the exception that 6 -12 lot major subdivisions that meet private
road standards may have access off an unpaved public road.
3
Bold Text =Proposed Language; Italic Bold Text =Planning Board Revision
= Language Deleted; Underlined Bold Text =County
Attorney Revision
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) subsection IV-B-3-b. of the Orange County,
NC Subdivision Regulations to read as follows:
*IV-B-3-b.
*Amended
10/16/90
(eff. 12/3/90)
11/19/01 All subdivisions shall have a coordinated street system with public or
private streets that access a public, municipal street or a public, State
maintained street. AID Major subdivisions shall directly access a
paved public, municipal street or a paved public, State-maintained
road, with the exception that a major subdivision of 6 to 72 lots may
take direct access from an unpaved public road provided the
subdivision otherwise meets qualifications for private roads in the
subdivision.
A coordinated street system shall consider the following:
(a) Public street rights-of-way shall abut adjacent properties as
necessary to provide connectivity to the countywide transportation
network; and
(b) Lot access to streets serving the subdivision shall be limited in the
case of streets that provide a link between two or more roads
designated in the Comprehensive Plan as arterials or collectors.
All subdivisions shall have at least one street which intersects with or joins
a public, municipal street, or a public, State maintained street.
4
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 day of
_, the foregoing Ordinance was adopted this
2003.
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 ,
2003.
Clerk to the Board of Commissioners
SEAL
5
Bold Text =Proposed Language
S~eug# =Existing Language Deleted
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) subsection IV-B-3-b. of the Orange County,
NC Subdivision Regulations to read as follows:
*IV-B-3-b.
*Amended
10/16/90
(eff. 12/3/90)
11/19/01 All subdivisions shall have a coordinated street system with public or
private streets that access a public, municipal street or a public, State
maintained street. All major subdivisions shall access a paved public,
municipal street or a paved public, State-maintained road.
A coordinated street system shall consider the following:
(a) Public street rights-of-way shall abut adjacent properties as
necessary to provide connectivity to the countywide transportation
network; and
(b) Lot access to streets serving the subdivision shall be limited in the
case of streets that provide a link between two or more roads
designated in the Comprehensive Plan as arterials or collectors.
All subdivisions shall have at least one street which intersects with or joins
a public, municipal street, or a public, State maintained street.
6
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 day of
_, the foregoing Ordinance was adopted this
. 2003.
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 ,
2003.
Clerk to the Board of Commissioners
SEAL
7
APPROVED 08/19/2003 MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
AND
ORANGE COUNTY PLANNING BOARD
JOINT PUBLIC HEARING AGENDA
May 27, 2003
The Orange County Board of Commissioners and the Orange County Planning Board met in
joint session for a public hearing on Tuesday, May 27, 2003 at 7:00 p.m. in the F. Gordon Battle
Courtroom in Hillsborough, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, Alice M. Gordon,
Stephen H. Halkiotis and Barry Jacobs
COUNTY COMMISSIONERS ABSENT: Moses Carey, Jr.
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and S. Sean Borhanian
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County
Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other staff
members will be identified appropriately below)
PLANNING BOARD MEMBERS PRESENT: Vice-Chair Hunter Schofield and members
Crauford Goodwin, Barry Katz, Sam Lasris, Renee Price, Noah RaneNls, and
Ted Triebel
PLANNING BOARD MEMBERS ABSENT: Chair Nicole Gooding-Ray and members Jay
Bryan, Howard McAdams, Rachel Preston, and Maria Tadd
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT
AGENDA FILE IN THE
C. PUBLIC HEARING ITEMS -Chaired By Planning Board Vice Chair Hunter Schofield
2. Orange County Subdivision Regulations Text Amendments
c. Amend Section IV-B-3. Streets, IV-B-3-b to require that major
subdivisions have access on a paved public road.
Craig Benedict said that this amendment has to do with major subdivisions that are five lots or
more, having access to a paved road and not just a dirt road. This would not be affecting the
small subdivisions. He said that sometimes major subdivisions encroach upon a rural area that
is not prepared for development. This provision would say that the major subdivision does not
go forward until the right-of-way is available.
Public Comment -none
A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to
accept the Manager's recommendation to refer the proposed amendments to the
Planning Board for a recommendation to be returned to the BOCC no sooner than
August 19, 2003.
VOTE: UNANIMOUS
Approved 9/03/03
1 MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 AvcusT 6, 2003
4 REGULAR MEETING: 6:30-9:30 P.M.
6
7 MEMBERS PRESENT: Jay Bryan, Chapel Hill at Large; Nicole Gooding-Ray, Chapel Hill at
8 Large; Craufurd Goodwin, Hillsborough Representative; Dr. Barry Katz, Chapel Hill at Large;
9 Sam Lasris, Chapel Hill at Large; Howard McAdams, Cheeks Representative; Renee Price,
10 Chapel Hill at Large; Hunter Schofield, Cedar Grove Representative; Theodore Triebel, Little
11 River Representative
12
13 MEMBERS ABSENT: Noah Ranells, Bingham at Large; Maria Tadd, :Bingham Representative;
14
8
1$ STAFF PRESENT: Craig Benedict, Orange County Planning Director; Tom Altieri,
16 Comprehensive Planning Supervisor, David Lentzer, Planner II; Eddie Kirk, Planner II; Karen
17 Lincoln, Transportation Planner; Dianne Reid, Economic Development Director
18
19 OTHERS PRESENT: Bill Bird (Developer), Forest Evans (sales for BB Walker), Steve Yuhasz
20 (Surveyor)
21
3$3 AGENDA ITEM #9: ITEMS HEARD AT MAY 27, 2003 PUBLIC HEARING
643 iii Amend Subdivision Regulations Regarding Street Access for Major Subdivisions
644 Presenter: Karen Lincoln
PURPOSE: To make arecommendation to the BOCC regarding aproposed amendment to the Orange CountySubdivisic
Regulations, Section IV-B-3-b.
BACKGROUND: Staff, at the May 27, 2003, Quarterly Public Hearing, presented proposed changes to the
Orange County Subdivision Regulations to require that major subdivisions access paved public roads. The
proposed amendment was then referred to the Planning Board for a recommendation to be returned to the
Board of County Commissioners no sooner August 19, 2003.
Currently, subdivision regulations require that "All subdivisions shall have at least one street which intersect
with or joins a public, municipal street, or a public, State maintained street." Not all State maintained roads
are currently paved.
A major consideration in reviewing subdivision proposals is land suitability. The road providing access for
the subdivision should be considered as part of the suitability of a parcel for subdivision since moderate to
large developments can have a significant impact on the public transportation infrastructure. Orange County
Subdivision Regulations (Appendix A) require paved public roads in subdivisions having more than 12 lots.
To ensure a safe and coordinated street system, the road providing access to the paved subdivision road
should be at least comparable to the same standard of construction as the subdivision roads. A public road
that provides access to a major subdivision (six or more lots) should conform to current State standards for
public roads, which includes being paved.
FINANCIAL IMPACT: There is no immediate financial impact associated with this item.
Approved 9/03/03
RECOMMENDATION(S): Planning Staff recommends APPROVAL of the proposed
Amendment.
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Bold Text = Proposed Language
Stril~~ = Existing Language Deleted
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 RF,GULATIONS ARE
HEREBY AMENDED AS FOLLOWS:
9
(page 27) Amend Section IV-B-3 (Streets) subsection IV-B-3-b. of the Orange County, NC
Subdivision Regulations to read as follows:
*N-B-3-b.
*Amended
10/16/90
(eff. 12/3/90)
11/19/01 All subdivisions shall have a coordinated street system with public or private
streets that access a public, municipal street or a public, State maintained street.
All major subdivisions shall access a paved public, municipal street or a
paved public, State-maintained road.
A coordinated street system shall consider the following:
(a) Public street rights-of--way shall abut adjacent properties as necessary to
provide connectivity to the countywide transportation network; and
(b) Lot access to streets serving the subdivision shall be limited in the case of
streets that provide a link between two or more roads designated in the
Comprehensive Plan as arterials or collectors.
All subdivisions shall have at least one street which intersects with or joins a
public, municipal street, or a public, State maintained street.
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.
682
Approved 9/03/03
10
683 Upon motion of Commissioner ,seconded by Commissioner
684 ,the foregoing Ordinance was adopted this the day of
685 , 2003.
686
687 I, Donna S. Baker, Clerk to the Board of Commissioners for the County of Orange, North
688 Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the
689 proceedings of said Board at a meeting held on _, 2003 as relates in any
690 way to the adoption of the foregoing and that said proceedings are recorded in the minutes of
691 said Board.
692 WITNESS my hand and the seal of said County, this day of , 2003.
693
694
695 Clerk to the Board of Commissioners
696 SEAL
697
698 Chair Gooding-Ray asked if a major subdivision consisted of 61ots or more.
699
700 Karen Lincoln replied yes. All subdivisions must have access off a public road and NC
701 Department of Transportation has rights to maintain the street ditch to ditch if the State does not
702 own the right of way.
703
704 Craig Benedict said there have been a few cases when major subdivisions would meet the public
705 road standards -that they would have to pave the road within the subdivision and dedicate the
706 right of way -and then access an unpaved public road. This amendment would state that if the
707 public access road is unpaved and there is (State-owned) right of way, the developer would have
708 the option to pave the access road in order to have a major subdivision. If not, approval of the
709 subdivision would have to wait until right of way is dedicated and the road is paved.
710
711 Jay Bryan asked, with respect to the project that was in controversy regarding Arthur Minnis
712 Road, how that subdivision would have been affected by this amendment.
713
714 Craig Benedict answered that the developer would have been able to have the major subdivision
715 and pave that portion of Arthur Minnis Road since the road right of way for that section was
716 available (had been dedicated to NCDOT).
717
718 Howard McAdams asked if someone proposed a subdivision coming out on an unpaved road
719 where there was existing NCDOT right of way and they decide to pave only 400 feet on either
720 side of the access, would the subdivision be approved.
721
Approved 9/03/03 11
722 Craig Benedict answered that the road would have to be paved to the nearest existing paved
723 section.
724
725 Chair Gooding-Ray asked if it was possible for them not to have to pave the road in a major
726 subdivision.
727
728 Craig Benedict responded - if there were less than 121ots.
729
730 Chair Gooding-Ray said that in this case they are required to pave the public road but then they
731 can have a dirt road.
732
733 Craig Benedict responded yes, if they met the private road standards. Directed to Nicole, she
734 would like a provision to meet the private road standards and have a dirt road and still access a
735 dirt road.
736
737 Chair Gooding-Ray answered yes.
738
739 Craig Benedict confirmed that when you get 13 lots, the road has to be paved because that is the
740 code. If that is the recommendation of the Board, it will be brought forward.
741
742 Renee Price asked if the developer paved the road who would maintain the road.
743
744 Karen Lincoln answered that DOT maintains all public roads whether they are paved or not.
745
746 Jay Bryan asked if there could be a paved private road. Craig Benedict answered yes.
747
748 Karen Lincoln said if you have a major subdivision of 6 - 12 lots and then you have other 6 -12
749 lot major subdivisions accessing a public road, these add up so the public access road needs to be
750 to public road standards including being paved.
751
752 Chair Gooding-Ray noted that all subdivisions with up to 121ots can have private unpaved roads
753 and should be excluded from the proposed requirement.
754
755 MOTION was made by Howard McAdams to accept these recommendations with the
756 stipulation that you meet the private unpaved standards that you do not have to pave the public
757 road. Barry Katz seconded this motion.
758 VOTE: All ayes except Jay Bryan, Craufurd Goodwin and Renee Price.
1042
1043 Tina L. Owen, Minutes Preparer