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19 <br />that the Planning Department is asking in the resolution of approval that <br />this parcel be platted as a separate lot and not be developed so that is it is <br />possible that this parcel could be deeded to Orange County. <br />Barrows asked if the Planning Board could approve the preliminary plan <br />since the developer is not sure that this will be okay. Lincoln responded <br />that this is a staff recommendation for approval and if this is not <br />acceptable to the applicant, they can appeal to the Board of <br />Commissioners. She stated that the Planning Board could take this out <br />of the resolution of approval. She also stated that this item may be tabled <br />if the Board desires to give staff more time to work this out, as far as <br />comments from other agencies, and working with the applicant. <br />McAdams expressed concern with access to the dedicated property. He <br />stated that Orange County residents would have permission to use the <br />property but there would be no access. He stated that access should be <br />given from one of the adjoining lots from the onset of approval. He <br />pointed out that he would be definitely opposed to eminent domain to <br />gain parkland. <br />Andrews stated that she has a problem with imposing a regulation on the <br />developer about something that may or may not happen. She stated that <br />as far as the county is concerned, everything has not been worked out <br />and its not right to hold up the developer when he can't be told exactly <br />what the ground rules are. <br />Woods stated that this is a one time thing. He noted that he thinks that <br />the county's plan fora wildlife corridor is really good and must be <br />acquired now. <br />Andrews agreed but stated that to give this to the County forever may be <br />a problem. She stated that she has no problem with the county owning it <br />for a certain number of years. Lincoln stated that the requirement could <br />be worded that it would be dedicated to Orange County with stipulation. <br />Huggins stated that if this area is permanent open space, nothing could <br />be done to it. He noted that it would be a wildlife corridor forever <br />because it cannot be developed. He stated that the question is, who owns <br />it <br />Woods stated that historically many jurisdictions have found that open <br />space that is part of an individual lot is open space that is much more <br />frequently abused than open space that is owned by a county or a non- <br />profit organization. He stated that people who own land with a county <br />easement will tend to put things on it such as a shed or fence for a <br />garden. <br />Huggins stated that if there is, for example, a five acre tract there with no <br />access, how will anyone know what is put there. Woods stated that the <br />county's recourse as owners of the property is greater than the recourse of <br />trying to enforce an easement. <br />Barrows mentioned that the Planning Board has 45 days in which to <br />make a decision. She asked the applicant if he would like to discuss this <br />further with staff. Huggins stated that he would not like to wait an <br />