Orange County NC Website
7 <br /> 1 Commissioner Gordon said that if they want to do this they want to get it right. Maybe the <br /> 2 minimum lot size should be considered and larger lot sizes be used. Some events would be great in <br /> 3 some places and some would be disasters. <br /> 4 <br /> 5 Mr. Trapolli said that they have worked with the County for two years. They have included <br /> 6 the Orange County Health Department and the State Environmental people and are trying to do this <br /> 7 right. He said that the main concern is how the food is handled and the water served. <br /> 8 <br /> 9 <br /> 10 B. UNIVERSITY MANOR PHASE I APPROVAL OF CONSERVATION EASEMENT <br /> 11 The County Commissioners were requested to accept a conservation easement for the <br /> 12 floodplain and wetland area in Phase I of University Manor. Planner Mary Willis explained that as part <br /> 13 of the Resolution of Approval for Phase 1, there is a requirement that a portion of the open space in the <br /> 14 conservation area be owned by the Homeowners Association. This is a request for the County to take <br /> 15 over the area. In addition to addressing issues such as use restrictions, access, monitoring, <br /> 16 maintenance and enforcement, the easement could also allow the County to obtain title to the <br /> 17 conservation area at a later date and could provide for assignment by the County to a qualified owner. <br /> 18 In answer to a question from Commissioner Brown, David Rooks, the attorney for the <br /> 19 applicant, said that he drew the easement which is based on a Triangle Land Conservancy easement <br /> 20 model. The grantor will be the developer or the Homeowners Association, depending at what point <br /> 21 the actual easement is executed and the grantee will be the County. <br /> 22 Geoffrey Gledhill said that the County would maintain liability insurance in the event it is <br /> 23 used by County employees. He noted that the easement document being presented for approval is <br /> 24 generally a good document. <br /> 25 Commissioner Gordon made two corrections to the document which will be incorporated. <br /> 26 Commissioner Halkiotis said he has some concerns about the county taking ownership of <br /> 27 this conservation easement. Geoffrey Gledhill noted that there is some risk to owning any interest in <br /> 28 property because there are responsibilities that go along with ownership. Commissioner Halkiotis said <br /> 29 that he does not support the County taking ownership of this conservation easement unless he can be <br /> 30 convinced with additional information. <br /> 31 Commissioner Carey said that there are always risks with owning property. However, he <br /> 32 feels that this risk is minimal and that the liability insurance will cover the County in the event that <br /> 33 something should happen. He feels that the County should move ahead and own this easement and <br /> 34 proceed to establish another vehicle whereby the County can immediately require the conveyance of <br /> 35 this easement to another entity. <br /> 36 Commissioner Gordon said that this approval could be limited to this one request and not set <br /> 37 a precedence for future conveyance of conservation easements for future phases of this project. <br /> 38 Commissioner Brown asked that this be delayed and that the County move ahead with <br /> 39 developing a program with standards and objectives and fit this into that program.. <br /> 40 Mary Willis said that, as a condition of the final plat, the open space must be owned by the <br /> 41 Homeowners Association with easements granted to the County or to the Triangle Land Conservancy. <br /> 42 Commissioner Halkiotis asked if the Homeowners could wait to convey this easement until a <br /> 43 proposal is developed for this area. Geoffrey Gledhill said that this is a condition of the Resolution of <br /> 44 Approval. The thought behind this was that the conservation area needed to be preserved and that <br /> 45 the only way to preserve it was to require it to have a conservation easement. <br /> 46 David Rooks clarified that the conservation easement does not require the County to do <br /> 47 anything, but requires the Homeowners Association to leave this land alone. <br /> 48 A motion was made by Commissioner Carey, seconded by Chair Crowther to approve the <br /> 49 staff recommendation. <br />