HomeMy WebLinkAboutAgenda - 11-25-2002-c1ae_c2b001
ORANGE COUNTY
BOARD OF COMMISSIONERS
AND
PLANNING BOARD
PUBLIC HEARING ITEM ABSTRACT
Meeting Date: November 25, 2002
Action Agenda
Item No. C.1.a-e & C.2.b
SUBJECT: Growth Management Amendments to Zoning Ordinance and Subdivision
Regulations
DEPARTMENT: Planning and Inspections ,, PUBLIC HEARING: (Y/N) YES
ATTACHMENT(S):
Ordinance Amendments
Planning Staff Report on Growth Controls
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 receive citizen comments regarding the proposed Growth Management
amendments to the Zoning Ordinance and the Subdivision Regulations that require major
subdivisions of property creating twenty (20) or more lots or consisting of twenty (20) or more
acres to follow a Class A Special Use Permit process.
BACKGROUND: On May 6, 2002, the Orange County Planning forwarded a letter to the Board
of County Commissioners regarding the need for additional growth controls in large residential
developments. During a joint BOCC/Planning Board meeting on June 6, 2002 there was
additional discussion of some of the challenges of large developments. On June 18~' the
BOCC passed a resolution requesting that relevant issues and possible actions be researched
prior to further deliberation. A brief discussion at the August 29, 2002 work session laid the
groundwork for the September 3, 2002 BOCC meeting where an issues report was presented
by the Planning Director, County Manager and County Attorney. A copy of that report is
attached. After the presentation, the Board directed the Administration to prepare a Special
Use Permit approval process for large-scale residential development projects. These
amendments are the result of that directive.
There are no projects `in the pipeline' (i.e. at Preliminary Plan submittal stage) that would be
required to follow the proposed Major Subdivision Class A Special Use process. Additionally,
no project has been submitted for concept approval that would be required, by these proposed
amendments, to follow the Class A process. Therefore, thetwo-week turnaround originally
proposed for the amendments will not be necessary.
G:RobertMovember2002PH/AbstractNOV2002
002
Staff proposes that the Ordinance Review Committee review and the Planning Board discuss
the amendments at their respective December 2002 meetings. Should any questions or issues
arise at the December Planning Board meeting, staff will have time to perform research prior to
the January 2003 Planning Board meeting when the Planning Board makes their formal
recommendation. This will allow the amendments to return to the BOCC for consideration at
their first meeting after the holiday break.
Subdivision Re_gulation 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 notification process to adjoining property owners
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.
D. Sets the new criteria for determining whether a proposed Preliminary subdivision is to be
processed as a Major Subdivision Class A Special Use or under other ordinance provisions.
Zoning Ordinance Changes
A. Amends the Permitted Use Table by adding a use identified as Major Subdivision Class A
Special Use under both the H and S categories
B. Amends Table of Contents Article VIII to create a new Special Use identified as 8.8.29 with
corresponding subheadings and nomenclature identified in the proposed amendment.
C. New Special Use Permit performance criteria
1. Professionally prepared Groundwater Yield Analysis for lots proposed on wells.
2. Certification from the respective governing body that controls access to public water
and public sewer connections that adequate service provision availability is in place.
3. In designated Transition Areas plans for sidewalks or pedestrian/bike lanes as part of
the public road design guidelines.
4. Requires a Resources Management Plan that shows a location within subdivision for
solid waste convenience center to serve the subdivision and where appropriate the
general area where the subdivision is located.
5. Requirement to demonstrate Open Space connectivity and accessibility to for all lots in
the subdivision and the concept of `borrowed open space' for all lots in the subdivision.
6. Written and graphic site analysis showing soils, depth to water table, slope, hydrology,
vegetation, natural areas and habitats of special concern, historic sites, etc. and an
analysis of views into and from the site.
7. Requires a biological inventory that identifies habitat diversity, species diversity, and
species of special concern such as those designated as threatened or endangered.
8. Protection of Existing Vegetation
9. Storm Water Management Enhancement
G:Robert/November2002PH/AbstractNOV2002
X03
10. Mitigation Plan requirement when proposal to disturb environmentally sensitive areas
as identified in the biological inventory.
11. Requires water conservation that indicates how irrigation systems for both the common
ownership lands and individual lots adhere to conservation principles.
12. Requires use of xeriscaping principles.
13. Requires that Public Road Access be in accordance with a consistent, County-adopted
public road access management plan.
14. Reserves a section to insert afuture-adopted regulation concerning `Crime Prevention
Through Environmental Design.
15. Requires Maintenance of Improvements as set forth in the Resources Management
Plan.
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 January 21st, 2002.
G:Robert/November2002PH/AbstractNO V 2002
~~~
0~5
Bold ~ Proposed Language
Strrl~etkreeegte =Deleted Language
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
,follows
Section 1. SUBDIVISION REGULATIONS. Amend the definition of SUBDIVISION,
MINOR (1) to read as follows:
- (1) Create more than five (5) lots, including the residual acreage, from any one
(1) tract of land in any ten (10) year period;
Section 2. SUBDIVISION REGULATIONS. Amend Section III-D-1 to read as follows:
Concept Plan Approval
Section 3. SUBDIVISION REGULATIONS. Amend the third paragraph of Section III-D-1-
c to read as follows:
Twenty-five (25) S~c~eer~{-}§) copies of a Concept Plan of the proposed major
subdivision prepared in accordance with the specifications for Concept Plan
drawings as contained in Section V-B of this Ordinance. A Concept Plan shall
include the following:
Section 4. SUBDIVISION REGULATIONS. Amend the first paragraph of Section III-D-1-d
to read as follows:
Upon receipt and acceptance of the Concept Plan application, the Planning
Department shall schedule a Neighborhood Information Meeting (NIM) and
mail notices of the meeting to each owner of property within 500 feet of the
property proposed to be subdivided. Additionally, the staff shall place a sign
on the property indicating the total number of lots proposed, the date, the
time, the location of the NIM, and the Planning Department telephone
number. The sign shall be posted on the property at least seven ('n days
prior to the NIM. The NIM shall
be held a minimum of 14 days prior to the Planning Board meeting at which the
concept plan is scheduled to.be heard. Notices of the NIM shall be mailed by
first class mail at least ten (10) days prior to the date of the meeting.
Section 5. SUBDIVISION REGULATIONS. Amend Sections III-D-2, III-D-2a, III-D-2b,
III-D-2c, III-D-2d and III-D-2e by deleting them in their entirety and reserving
Section III-D-2 for future use.
Section 6. SUBDIVISION REGULATIONS. Amend Section III-D-3 to read as follows:
Preliminary Plat Approval
oob
Application and approval procedures specified in this Section ~a3~e 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 Class A
Special Use may T t ''" ''° - - '~ `' `'' ""~"""~` -•-
~; choose to vest the Preliminary Plat for a longer time period than is
otherwise provided by this Section. If 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 ale 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.
A major subdivision consisting of twenty (20) or more acres of land and a
major subdivision creating twenty (20) or more lots are each Class A
Special Uses of the land subdivided under the Orange County Zoning
Ordinance. For the purpose of determining whether a major subdivision is
a Class A Special Use, the number of acres of land and the number of lots
created shall be determined by counting the cumulative acres subdivided
and the cumulative number of lots created on a tract or parcel of land as
the boundaries of the tract or parcel of land existed in the Land Records of
Orange County as of
[the effective date of these Ordinance Amendments]
Section 7. SUBDIVISION REGULATIONS. Amend Section IV-B-10, Section B to read as
follows:
Section B APPLICABILITY
yv r vavr-uva ~ ~ 1+ O +
.All Flexible
Development subdivision plats shall comply with the requirements and standards - ;,.;.
specified herein and in all respects with other applicable codes and ordinances to
the extent that they are not in conflict with these provisions, provided, however,
that Flexible Developments located within the Stoney Creek Basin Overlay
District shall comply with provisions of Article 6.30 of the Orange County
Zoning Ordinance and the Village Option for a Flexible Development cannot
be located in the Rural Buffer (RB) zoning district. Applicants seeking
approval of a Minor Subdivision Final Plat by the Planning Department are
encouraged to work with the Planning Department staff in identifying and
preserving open space areas as part of such developments.
~V~
Section 8. SUBDIVISION REGULATIONS. Amend the second pazagraph of Section IV-B-
10, Section E.1 to read as follows:
~
~ 9-as-b~
~sep
1L'TxV 1+ti. T1' F+1.., L7~o1+1+ T.,«.,..F.++.+«+
vr~a ~ ~~... i.
If the residential lots are proposed to be served by septic systems, the "Yield"
plan shall show soil suitability for inclividual~septic tanks by a preliminary
soil suitability analysis performed in the field on at least 50% of the proposed
lots with all of the proposed lots located on a map showing the location of soil
types suited for septic systems based on the Orange County, N.C. Soil
Survey. The soil suitability analysis and map shall be prepared by a Soil
Scientist in consultation with the Soil Scientist of the Environmental Health
Division of the Orange County Health Department.
Section 9. SUBDIVISION REGULATIONS. Amend Section V-A by deleting it in its
entirety and reserving Section V-A for.future use; amend Section V-B to read as
{ ua y ~.a+lv
follows: Concept Plan F " '' ^' "`~'' ~`" ~° - ` +~' D ""-' D"~°"
Section 10. ZONING ORDINANCE. Amend Table of Contents, Article VIII to add a new
Special Use entitled "Major Subdivision Class A Special Use," and to identify it
as Section 8.8.29 with corresponding subheadings and nomenclature as specified
in Section 14 of this Ordinance Amending the Zoning Ordinance and Subdivision
Regulations of Orange County.
Section 11. ZONING ORDINANCE. Amend Permitted Use Table by adding new uses
identified as "H-15 Major Subdivision Class A Special Use" and "S59 Major
Subdivision Class A Special Use" with a requirement for a Class A Special Use
permit in each zoning district including Residential Secondary Development Area
in the EDD Design Manual.
Section 12. ZONING ORDINANCE. Amend Section 6.18 as indicated on Exhibit A.
Section 13. ZONING ORDINANCE. Amend Section 6.29.3 to read as follows:
6.29.3 Design Standards
The design standazds applicable within Economic Development
Districts are '' +'' ~ "~ " '- ~' «'' ° divided into
v v« «b Y^b^
two categories, Land Use Intensity Performance Standards and
Design Criteria. The Performance Standards establish "land use
intensity ratios," or ratios of construction to natural features as well
oos
as staxidazds to eliminate or mitigate nuisances and undesirable
impacts on the environment. The Design Criteria establish
standazds for landscape and architectural features, parking and
circulation, service and storage, and signs and lighting; i.e., how
the use "fits" the site and how it relates to the surrounding area.
The applicable design standards are contained in The Orange
Count~Economic Development Districts Design Manual. The
requirements for a Major Subdivision Class A Special Use
pertain to residential subdivisions located in any Secondary
Development Area of an Economic Development District.
. ~
u ~avav v vi
r
Section 14. ZONING ORDINANCE. Amend Article 8 by adding a new Special Use to read
as follows:
8.8.29 Major Subdivision Class A Special Use
8.8.29.1 Additional Information
In addition to the information required in Subsections 8.2 and
8.8 and the Orange County. Subdivision Regulations, the
following shall be submitted as part of the application:
a) Stamped envelopes addressed to each owner of property'
within 500 feet of the property proposed to be
subdivided. The names and addresses of property
owners shall be based on the current listing as shown in
the Orange County Land Records system.
b) The statement from the applicant indicating the
anticipated development schedule for the build out of
the project.
c) If the residential lots are proposed to be served by
individual wells or community wells, a professionally
prepared groundwater yield analysis relating the
proposed wells to the U S Geological Survey Water
Resources Investigations Report 00-4286 and any later
USGS Water Resource Investigation Report data
available.
0~0 9
d) If the residential lots are proposed to be served by a
public water system, proof of water supply and service
availability in the form of a certified copy of a
resolution to that effect enacted by the governing body
of the water system providing the water to serve the lots
in the subdivision. If the residential lots are proposed to
be served by a public sewer system proof of public
sewer service availability in the form of a certified copy
of a resolution to that effect enacted by the governing
body of the sewer system providing the sewer service to
the lots in the subdivision. If the residential lots are
proposed to be served by a community water and/or
sewer system, proof that the system(s) will be operated
either directly by or through contract with the water
and/or sewer provider whose service area or interest
area, as defined in the.Water and Sewer Management,
Planning and Boundary Agreement, includes .the
subdivided land.
e) A traffic impact study as provided in Article 13 and
include in that study the need for public road
improvements both onsite and offsite that relates to the
level of service of public roads that will be impacted by
the development.
f) If the subdivision is located in a Transition Area
designated as such on the Land Use Element of the
Comprehensive Plan, a plan for sidewalks or
pedestrian/bike lanes as part of the public roads using
where appropriate alternative North Carolina
Department of Transportation design guidelines that
include pedestrian bike lanes as part of the public road
system.
g) A Resources Management Plan showing the location
within the subdivision of a solid waste convenience
center(s) to serve the subdivision and where
appropriate the area in which the subdivision is located.
h) A plan which demonstrates open space connectivity,
open space accessibility to all lots in the subdivision and
the concept of "borrowed open space" availability to all
lots in the subdivision.
V~~
i) A written and graphic site analysis illustrating soils,
depth to water table, slope, hydrology, vegetation,
natural areas and habitats of special concern,
infrastructure and other manmade features, historic
and archaeological sites, and visual analysis of views
into and from the site.
j) A biological inventory which identifies habitat diversity,
species diversity, species of special concern such as
- those designated ~as threatened or endangered, last
known siting, candidate species likely to be present
which may warrapt protection, specimen trees
outstanding in size and/or species, and the status and
source of the information compiled in the inventory.
The biological inventory shall be accompanied by an
analysis describing habitat integrity, relationships
between habitats and to ecological communities offsite,
any existing threats to flora and fauna and potential for
habitat enhancement.
8.8.29.2 Standards of Evaluation
The following specific standards shall be used in deciding on
an application for this use:
a) The project meets all applicable design standards and
other requirements of the Zoning Ordinance and the
• Subdivision Regulations.
b) Fire, police and rescue services and water supply and
wastewater treatment methods are adequate to serve
the proposed use.
c) Habitats shall be identified and evaluated in the
biological inventory required by 8.8.29.1(k) and are
subject to the following:
(1) An undisturbed buffer is required around the
boundary of habitats of rare, threatened, or
endangered species as shown on the biological
inventory. Buffer width shall be determined by
site evaluation in consultation with the
applicant's biologist and officials from the NC
Department of Agriculture and/or the NC
Department of Environment, Health and Natural
Resources;
®~~
(2) Habitat enhancements as described in the
biological inventory shall be made for a broad
range of species to help mitigate the loss of
wildlife habitat during construction. Examples
include preserving, planting, and maintaining a
variety of native vegetation (also dead trees and
snags); installing structures conducive for
nesting such as bird houses or bat boxes
designed and located for various species; or
creating wetlands;
(3) Conservation easements are required to protect
wetlands and other habitats while insuring
proper long-term maintenance; and
(4) Provide barriers or fencing, and signage at the
edge of habitat buffers to prohibit vehicular and
pedestrian access. Limited access may be allowed
if proposed in a sensitive manner for
environmental.education purposes.
d) Landscaping and Buffers
1) Protection of Existing Vegetation
(a) Existing vegetation shall be preserved as
indicated on the approved landscape plan
in accordance with the provisions of
Article 12.2 of the Zoning Ordinance;
(b) Tree protection measures shall be
installed and maintained between all
areas of disturbance and trees to be
retained as shown on the approved
landscape plan. A detail of the tree
protection barrier proposed shall be
included as part of the landscape plan
submitted with the application;
(c) Corridors connecting habitats identified
in the biological inventory shall be
preserved along fence rows, streams,
buffers, or other wooded areas. If
destroyed during construction, such
7
012
.~
connections shall be restored using
appropriate plant materials;
(d) Stream buffers shall be provided as per
Section 6.23.
(e) Trees and stumps cleared for roads and
building construction shall either be used
for timber purposes or shredded for
landscape mulch, composted, buried or
otherwise disposed of BUT NOT
BU~tNED.
2) Parking lots and outdoor storage areas shall be
landscaped and screened as per the standards set
forth in Article 12;
3) Berms, fences and landscaping walls maybe
used with plant materials for screening, provided
such features are designed and located in
harmony with other site features and functions;
4) To minimize visual impact by blending
architecture into the surrounding landscape,
foundation plantings are required at all
structures, including free-standing. entrance
signs;
~ Use of xeriscaping principles.
e) Stormwater Management
1) No net increase in peak flow leaving the site from
the predevelopment conditions for the 1 year, 24-
hour storm;
2) The stormwater management system must
respect existing drainage patterns. Direct runoff
away from erosion-prone slopes. Paved paths
may be used to channel runoff;
3) Energy dissipaters such as rip rap aprons shall
be used where runoff is concentrated and
discharged, for example, at downspouts from
rooftops and storm drains at parking areas.
Runoff shall not be discharged directly into
8
~~3
surface water, stream buffers or other
environmentally sensitive areas;
4) Concentrated stormwater, conveyed by ditches,
channels, pipes, swales or other conveyance
systems must be dispersed and diffuse flow
reestablished prior to discharge to a stream
buffer;
5) Nitrogen load contribution must be held to 3.6
lbs per acre per year.
f) Mitigation Plan
A mitigation plan is required when any wetland or
other environmentally sensitive area identified in the
biological inventory will be altered as a result of
development of the subdivision or construction of
homes or other buildings and structures associated with
the subdivision. The mitigation plan shall include the
following:
1) An assessment of the ecological value of
resources that will be lost and a statement of how
that value will be replaced through mitigation;
2) A specific statement of the goals and objectives,
i.e., exactly what steps will be taken to
compensate for lost habitat, etc.;
3) Detailed descriptions in the form of grading
plans, construction plans, and planting plans to
illustrate how the objectives will be carried out;
4) A monitoring and maintenance plan to measure
success of the mitigation based on stated
objectives. Include a list of parties responsible
for monitoring and maintenance, a schedule for
each, and how results will be reported to the
Planning and Inspections Department; _
~ A plan showing how the site will be protected
from impacts by human and unwanted animal
intrusion, alternate plant species ~ and
construction methods that could be used in the
,~.a>,.L,'~.Ai:iCiiCnSl it\1,3\1.Ua,datcSil,1U~\:cul•.wtii\caluliUt~tai+:aucrmic•atia,:.f:a:au: r~L Ua:~r.,Esau;,:nsusaauaavvue.;r~u•..o;>+.un:,:, .
01~
event adjustments or substitutions are needed
until the mitigation area is established; and
~ A financial guarantee is required for the total
cost of the mitigation project. Once the
installation is complete, thirty percent (30%) of
the amount of the letter of credit or escrow will.
be held for twelve (12) months or until the site is
established, whichever is greater.
~ Drainage
1) All drainage structures will be installed and
maintained according to the approved
Stormwater Management Plan.
2) Subdivisions that include retention/detention
ponds shall comply with the requirements in
Section 6.23.4, Operation and Maintenance of
Structural Best Management Practices.
h) Grading and Erosion Control
1) Plans for grading and erosion control comply
with standards contained in the Orange County
Erosion and Sediment Control Ordinance and
Manual;
2) Construction is phased to the extent practical to
minimize disturbance and sedimentation;
3) Sediment control measures will be properly
installed to filter sediment from runoff during
construction and maintained until grading is
complete and a permanent vegetative cover has
been established and all slopes stabilized; and
4) Permanent landscaping, groundcover, mulch,
etc. will be installed as soon as practical after
construction activities for each phase are
completed.
i) , Solid Waste Management .•
The Solid Waste Management Plan submitted as part of
the Resources Management Plan shall include the
10
0 ~. S
method(s) of disposal and recycling of construction
debris.
j) Irrigation
1) Irrigation systems for the subdivision and the
lots in the subdivision are designed and can be
operated according to a water conservation plan
described in the Resources Management Plan
submitted with the application;
2) The Resources Management Plan shall identify
the source(s) of water to be used for irrigation;
the volume available for that purpose, and
expected consumption rates. The system design
and plan for operation will be evaluated based
on efficiency; and
3) Water recycled from stormwater retention
ponds or treated sewage effluent is used for
irrigation where .it is a legally permitted
alternative.
k) Habitat Maintenance
1) Habitats identified in the biological inventory
and habitats created through mitigation shall be
maintained in accordance with the Resources
Management Plan and/or a conservation
easement agreement; and
2) . Maintenance of habitats shall be minimal,
consisting primarily of maintaining buffers and
enhancements,~removal of exotic (non-native)
plant species, and keeping drainage ways
functioning properly.
1) Crime Prevention through Environmental Design
(Reserved)
m) Public Road Access
Access to the subdivision and access to lots within the
subdivision to existing public roads shall conform to
and be in compliance with any public road access
management plan adopted by Orange County.
11
.,: ., rns:a. ::: :......... ............ ... ._.._
„¢a::~u':M11WUk1Uh.~tQU.~u1UU+t1+i.W1UNlYWUW17tARttltq\C;\lUfl1P1:11:4•SiC1l'0.Uh~S\:U:Y'.i,~~11i1q•atl:SS+tlGllitit`ILSCaidh.:tYllidldNlYllit~l~u~a:,:aewe.u~i:,::,at.;a,~.~;u~ ~
016
n) Maintenance of Improvements
All site improvements such as roads, utilities (including
irrigation and drainage structures), habitat
enhancements, recreational amenities, signage,
landscaping, etc. will be maintained in function and
appearance. Maintenance specifications, if any, .for on-
going site management shall be submitted as part of the
Resources Management Plan.
Section 15. ZONING ORDINANCE. Amend Article 22, the Definitions section of the Zoning
Ordinance, to create a new definition for.Major Subdivision Class A Special Use.
The definition shall read as follows:
Major Subdivision Class A Special Use - A major subdivision consisting of
twenty (20) or more acres of land and a major subdivision creating twenty
(20) or more lots are each Class A Special Uses of the land subdivided. For
the purpose of determining whether a major subdivision is a Class A
Special Use, the number of acres of land and the number of lots created
shall be determined by counting the cumulative acres subdivided and the
cumulative number of lots created on a tract or parcel of land as the
boundaries of the tract or parcel of land existed in the Land Records of
Orange County as of
[the effective date of this Ordinance Amendment]
Section 16. ZONING ORDINANCE. Amend The Oran eg Count Economic Development
Districts Design Manual as indicated on Exhibit B.
Section 17. This ordinance is effective upon its adoption.
NOW THEREFORE BE IT RESOLVED by the Boazd of Orange County Commissioners
that this ordinance entitled "An Ordinance Amending the Zoning Ordinance and Subdivision
Regulations of Orange County" be adopted.
Upon motion of Commissioner , seconded by Commissioner
,the foregoing ordinance was adopted this the day of ,
2002.
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
~.l
Board at a meeting held on , 2002 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 , 2002.
SEAL
Clerk to the Board of Commissioners
lsg:otangecounty~ordinanae amending wn ord and subd rags
i..vEa..tial~1\a`.1V\4P.',1T~\C.'.`Y+~.l'`11FSiluC2:SS~1@\1d11 ~\11i`?s1i,Al?l•:Y:\:\ ~i5:i~.~iSs`:~:wY•':a` 1~.z kk\'u;i:w 1i iS~}d~~:Y~k1 k ti:~P~~:+,+.e.'kas..u .•.,•,,,.,,••.. .
-111::x;}.k1 G~•`a7.~i?,i$ i Vtk 1 1•~:•i.
• D ~ V
planning Staff Report for August 29, 2002
Board of County Commissioners Work Session
Growth Control Issues •
ISSUE 1: Identify the details of a proposed moratoria including: size and scale of a large
residential project.
RESPONSE: August 7s', 2002, the Planuning Boaxd agreed to define large development •
as any subdivision with 20 or more lots.
ISSUE 2: Determine what `°pipeline" proposals world be affected.
RESPONSE: The Planning Board discussed three "pipeline" options at which to stop an
existing project:
1.) A subdivision that has been submitted to staff;
2.) 'The project's concept plan has bees approved by the Planning Board;
3.) A project that has been issued a formal preliminary approval by the BOCC.
ISSUE 3: List the steps necessary to pmduce/implemeat alimited growth moratorium or
other growth control.
RESPONSE: 1. Report to the Orange County Board of County Commissioners of June
18, 2002, in response to the Orange County Planning Board "Crrowth Control Letter of
May 6, 2002. A moratorium could be enacted in the following time frame. The length of
the moratorium would be coordinated with the completion of a unified development
ordinance which would create a special use process for major subdivisions. The Planning
Board has asked for additional time to process subdivision applications. The
• comprehensive plea land use element, adequate public facilities ordinance, and ordinance
revisions regarding water resource issues would be concumntly researched and
implemented to some degree.
The shortest regular timeframe for the enactment of a moratorium would be as .follows:
Request for Legal Ad November 6, 2002
Quarterly Public Hearing November 25, 2002
Planning Board Action December 4, 2002
BOCC Action December 10, 2002
A shorter timeframe if requested could be accomplished by creating a special public
hearing at a regular BOCC date. ,
RESPONSE: 2. Unified Development Ordinance Definition
A Unified Development Ordinance (UDO) is a combined land development code that
integrates the present planning regulatory system of "free standing" codes of subdivision, zoning,
environmental impacts, erosion control, flood management and economic development.
The Unified Development Ordinance creates a comprehensive and cross-referenced
document, combines various land use controls in a different procedural context. For example,
6 019
the legislative review of special use zoning can be integrated with the typical administrative
context of subdivision review. Special conditions, therefore, can be put forth on subdivisions of
relatively high impact.
General and specific parameters of interest such as traffic, property values, affordable
housing, phasing, open space, dedications, etc. can be addressed through the Unified
Development Ordinance development approval process.
The creation of a Unified Development Ordinance is'time consuming and complex
because all existing freestanding code must be collapsed and reorganized into one document.
Some existing code areas will be deleted in their present form and replaced with anon-
conflicted, non repetitive and all-inclusive system ofreview.
A consultant is suggested for this type of work, with Attorney Th documeent w~ou a
Airector and eventual legal procedural review by the County y
also be reformatted to the prototypical indexing used by the municipal code corporation, which
can then be codified and available on the internat.
The dune frame for Unified Development Ordinance development is about 8 - 9 months,
and public hearing processing including final recommendations and adoption depending on the
extent of outreach, can be an additional 3 - 6 months.
Staff' could first proceed with a request for qualifications (RFC, and then proceed with a
request for services. The cost of this type of Unified Development Ordinance development for a
County is in the investigation stage. The Town of Chapel Hill is presently in the Unified
. Development Ordinance process and information regarding their expcrienee can be given at the
work-session.
ISSUE 4: Explore legal consideration.
RESPONSE: Legal report to be provided by County Attorney.
ISSUE 5: Research what other jurisdictions have employed in other cases.
RESPONSE: In 1995 Huntersville, NC placed a 12-month moratorium on all
development in order to study traditional town planning methods and rewrite their existing
zoning ordinance. Warwick, New York implemented a development moratorium while updating
their comprehensive land use plan.
ISSUE 6: Research through Institute of Government and other government and land use
authorities the use of moratoriums to accomplish short-teen goals-
RESPONSE: Ongoing
' ur,. 2\~iF;P•';u itcT l i~;\t~\~~~. ;R,7~,i;t~~ -t\.\. i" ~11 \?` ` ..._ ...:~~ i;u `. - `~~` ~`~.' ,. ..1. .,1~0 -. :'.1,.,.., ._~ a1. t..e.a,~..l9vli!5: \: 4,'o].:h'.Idf.fm..~.,u,~
,.\1.;;.:'~;~,.?.1 `3 ~1;~:~tiii;~,~~11`:u~i~Ai.`•.`i;~\1\~allltl\.11`l`\~`\,~\~1•`_~a~~c:5is :~\~,,.i;.. a1} ..,1:....,.~, ss,a.,.,.,:11.,a~.C:;1,,a\ila
~2u
BOCC Work Session
S/29/02
Growth Control Recommendations
[. Develop an outline for a special use permit (SUP) process for the subdivision of land
creating 20 or more lots to be presented at 9!17/2002 BOCC~meeting
II. Notify every applicant for residential subdivision approval:
(1) whose application or proposed application is not also for a planned development
special use permit; or ,
(2) whose application or planned application involves the subdivision of land into
20 or more lots
that the Board of Commissioners will consider amending the Orange County Zoning
Ordinance, oa or before December 2, 2002, to provide.thax any subdtvssson of land
creating 20 or more lots is a special use requiring a special use permit.
The amendments that will be considered may include other procedural and
substantive requirements. 'T'hese requirements may include:
(a) greater detail, coverage and confirmation of the "yield plan" required in
the evaluation of whether the project may be approved as a conventional plan or a
flexible plan;
(b) professionally prepared groundwater analysis if the residential lots are
proposed to be served by wells;
(c) public watea supply availability if the residential lots are proposed to be
served by a public water system.
The notification shall advise the applicant that the applicant will not be considered to
have acted in good faith if the applicant proceeds, after the notification, with an
application while the amendments are under consideration.
An application that has received special use permit approval, preliminary plan
approval or that has been scheduled for Boazd of Commissioner preliminary plan
actions, will not be so notified and may proceed according to its special use permit or
preliminary play approval and'the Orange County Zoning Ordinance and Subdivision
Regulations in effect on the date of approval.
Begin the notification process as soon as possible.
s Only one residential subdivision that has not received either a special use permit or preliminary
plan approval would likely qualify for consideration by the Board of Commissioners under the
zoning and subdivision rules in place now. That subdivision is Eno Ridge which is scheduled for
Board consideration on September 17, 2002.
..,,,~,:,1,t:,.;;5.,.,~,1a~,,, ..,,..,
• ~ ~ 8 ~~~.
III.
IV.
V.
Hold a special public hearing on October 15, 2002 for creating a special use permit
(gU'p) process with decision by BOCC at either 11/19/2002 or 12/02/2002 Board
meeting.
Advertise a request for qualifications (RFC to identify consultants with unified
development ordinance (UDO) experience as soon as possible.
?'hereafter release a request for proposals (RFP) or a request for services for a
consultant to help v~nth unified development ordinance development aad preparation.
Develop a unified development ordinance (UDO) that contelates with the
comprehensive land use plan update.
Estimated Completion of UDO and comprehensive land use plan update:
months
,.t vi \Ctt i a . Itat .,.i, dr\' .1, a li r ~ t.,hS, 4 a t~l:.~i,. .i~.. ~ \ ..,L.M:.1.1..u,.4,.~~::.u!1.\a`\a!,.!,a0.>..a..,a, ~.., a.,. ,. ~.c ,.,.u..,. ,...u.... ..\ a....,~ 4\
?~21~1\}:i~.1r`}'~;};X411:t~1~ai1:;.?Sblttt,:is~\~~,ua:~:~1~Si:1~1:~::a:;',..t~Sl;.`:1~1h1;,.!,u~:ll?.\vU1::ta•,lt„n,`,1i~1;":\a:.s:?;:,•:;dLh,,:•t,a,,,.,.t;<3:;.;!1:..:`.adt;.!,:•.a:,d:,t all, ;........!
.... .. a. ,.:. .. .. .. ~ .. ..'..~ . .... .. .,.. ~ ~ .. .... ~ ...... ._ ... ~ .n.. ........ ....
0~2
F
O
U
O
U
~
b ~
. ~ •~ W h
~ •~
€b
ro ~ 'd ~
S
'+ .~ ~ ~ ~ ~ A
~
~~ c .~ ~
~ ~°~ ~ •~ a ~ 'c o A ~ ~
~ "Aa~~~~
o °~ ~ a~i
~ a
~ ~ ,, ,
o
~ ~~~~~A
~
U r~i 8 A
~
00
A
~~ y
.~
x~ ~
..
has
p~0
b
a~ ~
o ~ ~
~ ~ +
~
~A ~ °~ x~a
U
~
~ cn
.~
~~~ pr
r~
.n ~
z w..
~a~
~A~a~
w
~~
o ~ ~~3.~ °D
N~~~~~~~
'
~~~o ~ ~ ~H~"~x~
~
a
A A ~.~ a
p~G~ ~
~
~ ~ •~
~ ..... .
r~
~ ~
A
A
w
~ :~
a3 ~ ~
~'~
~~ ~ .
~ e
~~
H~
H z
~o
w
~
.~
^_
~~
.~• O
~~
a~
~~
=~
o
o >~
~w
~QQ
b3 ~
O ~
~~
.~' ~
~ A,
~ ~
•~
~~
~~
3" Q .
°a
~~
a~
~,a.
~~~~
.~ ~
~~~
~ ~~
b
~ ~ a