ORD-2000-005 Text Amendments to Subdivision Regulations and Zoning Ordinance

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protected by the quality of road that is being constructed. She asked for more information on the process of getting an engineer to evaluate the road standards and Craig Benedict described this process. Chair Carey asked if there were some procedural problems if the process for the concept plan is changed and the County Commissioners approve the concept plan. Geoffrey Gledhill said that it is not uncommon in administrative law to do this kind of process. He thinks the objective of the Planning staff is to move non-advisory functions of the Planning Board to the County Commissioners. Chair Carey said that he feels that the Planning Board staff should review the project and not the Board of County Commissioners. Commissioner Gordon made reference to the private road justification and asked if there is something along that line for existing roads. She said that this regulation could result in a loss of trees which would not be the best thing for the County. Craig Benedict said that he would work with the Attorney on language to address the issue for existing roads. Commissioner Halkiotis said that he fails to see anything wonderful about roads that are gravel where everything is covered with dust. He asked if there was any County staff that could certify the roads as meeting state standards. Craig Benedict said that for private roads,there is not any qualified staff to certify the roads. He said that DOT is now coming to the Development Review Committee on a biweekly basis to discuss the road standards. Chair Barrows made reference to the subdivision approval and said that it sounds like the Planning Board is being eliminated at the concept stage, but would be brought in at the preliminary stage. Craig Benedict said that the Planning Board would definitely be brought in at the preliminary stage. Chair Barrows said that it seems like the Planning staff is taking charge of the plans and that it is a big change from the current process. Commissioner Gordon said that if the intent is to make the standards so precise that it is a matter of determination only, it could be a good thing. Commissioner Jacobs said that if something is missed in the concept plan stage and the first time that any policy maker sees it is at the preliminary level, it is too late. He would like to see a policy- minded body review the plan, either the Planning Board or Board of County Commissioners. PUBLIC COMMENTS Scott Radway said that he strongly supports going from two years to ten years for the minor subdivisions. He made reference to the 50-foot right of way and said that right now with any roadway width, if no curbs are used, 42 to 47 feet have already been used when everything is counted. He said that the 50- foot envelope is pushed with the swell system. He made reference to the process of the plan approval and said that the County should be really careful in the language for this process. He explained the buy right process. Geoffrey Gledhill said that he did not know whether this proposal would eliminate the buy right. He said that right now the developer has the option of choosing either the flexible or the conventional plan. Commissioner Brown said that it was her perspective that the hope was to go more and more toward flexible design standards. Bob Strayhorn said that he is concerned about the process of waiting another ten years to subdivide. He asked if there was a list of people who have benefited from minor subdivisions and not abused them. Craig Benedict said that the minor subdivision process would still be available as long as it did not exceed five lots in a ten-year period. He said that about 38%of the lots that are subdivided in Orange County are minor subdivisions. MOTION A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to refer the proposed amendments to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than May 3, 2000. VOTE: UNANIMOUS 2. AMENDMENTS REGARDING THE FUNCTIONAL CLASSIFICATION OF ROADS IN ORANGE COUNTY Craig Benedict said that the County is in the process of developing a Comprehensive Plan, and transportation is a very important basis of that plan.