Agenda 5-d - Unified Development Ordinance (UDO) Amendments

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DRAFT MINUTES 1 ORANGE COUNTY PLANNING BOARD 2 MAY 2, 2018 3 REGULAR MEETING 4 5 6 MEMBERS PRESENT: Randy Marshall (Vice-Chair), Bingham Township Representative; Kim Piracci, At-Large; Randy 7 Marshall, At-Large; David Blankfard, Hillsborough Township Representative; Laura Nicholson, Eno Township 8 Representative; Alexander Gregory, Chapel Hill Township Representative; David Blankfard, Hillsborough Township 9 Representative; Hunter Spitzer, At-Large; Adam Beeman, Cedar Grove Township Representative; Carrie Fletcher, 10 Bingham Township Representative; Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Patricia 11 Roberts, Cheeks Township Representative; 12 13 MEMBERS ABSENT: Paul Guthrie, At-Large Chapel Hill Township; Buddy Hartley, Little River Township 14 Representative; 15 16 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Patrick Mallett, 17 Planner II; Ashley Moncado, Planner II; 18 19 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 20 Chair Lydia Wegman called the meeting to order at 7 p.m. 21 22 23 AGENDA ITEM 9: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – SUBDIVISION REVIEW 24 PROCESS - To make a recommendation to the BOCC on government-initiated amendments to the 25 text of the UDO that will modify subdivision review processes, in accordance with Session Law 26 2017-10. This item is scheduled for public hearing on June 5, 2018. 27 28 PRESENTER: Michael Harvey, Current Planning Supervisor 29 30 Michael Harvey noted that this item is found in the agenda packet on Pages 48-59. He explained that state law has 31 changed, so the county has to modify its (subdivision review) processes to reflect State regulations. A new category 32 of exempt subdivisions has been created, establishing that a will settling an estate can create a subdivision, which 33 will be exempt from formal county review. Specifically, this applies when a will dictates that the land is to be 34 subdivided for the heirs. This means the Planning Department is not looking at the subdivision for open space, road 35 access, etc. Also, the session law established an expedited subdivision review for tracts of land 5 acres and larger 36 that creates no more than three lots. The Planning Department can only compel the property owner to submit a final 37 plat. The final plat has to meet all the submittal requirements as detailed within Article 7 of the UDO . There are 38 several qualifiers outlining how a property owner can go through the expedited process. Michael Harvey reviewed 39 that the State legislation dictating this removes the concept plan stage that helps a property owner develop a plan 40 that will work before spending money on a surveyor. A lot may be created legally but a home may not be built on it if 41 it does not meet the county’s regulations. He informed the board that these text amendments had received legal 42 sufficiency from the county’s attorney office. 43 44 Planning Director Craig Benedict said in other states, planning staff are asked to testify in court on subdividing 45 property when it is dictated in a will to be sure there is proper road access and space for septic. 46 47 MOTION by Kim Piracci to approve the statement of consistency. Seconded Hunter Spitzer. 48 VOTE: Unanimous 49 50 MOTION by Hunter Spitzer to recommend approval of the amendment as stated in Attachment 4. Seconded Kim 51 Piracci 52 VOTE: Unanimous 53 54 Attachment 3 12