Orange County NC Website
proposed subdivision consists of two lots (5.41 acres and 1.496 acres) with the entire tract consisting of <br />8.73 acres. <br />Planning Director Craig Benedict said that the decision that needs to be made is whether or <br />not the applicant will be required to do a payment-in-lieu or if the applicant must make a dedication. This <br />portion of land is designated a resource protection corridor and is not designated a wildlife protection <br />corridor at this time. The Administration's conclusion is that the land is not clearly designated on any of <br />the comprehensive plan maps as a future trail system. Due to the lack of clarity, staff recommends that <br />the applicants be required to make apayment-in-lieu. If the County Commissioners decide that a <br />dedication should be made, they can request the dedication of 10 feet x 218 feet for a future public use. <br />He said that the staff would be working an the comprehensive plan, specifically in properly designating <br />wildlife corridors. <br />Commissioner Gordon said that she did read all of the material and has listened to the tape <br />so she is up to date on all the information. <br />Public Comment <br />Christine Efland said that since the last meeting, one landowner that awns some property on <br />the same side of the creek, but not adjacent, divided his property last year and paid apayment-in-lieu. <br />She said that there was no mention of any land dedication regarding this property. She noted that from <br />October 1999 to April 2000 there were a lot of inconsistencies and that is a concern to her. She said that <br />the newspapers have been all over this and they make the piece of property that was subdivided in <br />October look like it was adjacent to the three subdivisions that have been approved in some manner. <br />She said that her property is 3/4 mile down the road from the other subdivisions. She said that most <br />developers do not live in their own developments and have no problem with dedicating a portion of their <br />land along McGowan Creek. She said that she circulated a petition in her area of the County and <br />received 70 signatures from people who say they do not want land taken for a public use in this manner. <br />Dot Efland thanked everyone for their time and consideration of this somewhat spirited <br />proposal. She said that the family just wants this to be over. She said that this was just a piece of <br />property that has been in the family and they want to subdivide it. She hopes the Commissioners will <br />vote in favor of the payment-in-lieu. <br />A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to accept <br />the $422.00 payment-in-lieu for Wilson Efland Subdivision. <br />Commissioner Jacobs said that he feels the County Commissioners were misinformed at the <br />last meeting about the County's plans. He said that if there is not a designated wildlife corridor then it <br />seems problematic to require someone to provide land for a wildlife corridor. He said that the fact that <br />the reporters could not distinguish between a trail and a wildlife corridor only indicates that the County <br />Commissioners need to work on their comprehensive plan. <br />Commissioner Halkiotis said that he listened to the tape again. While he appreciates people <br />doing their job, he was concerned that a word was used during the Planning Board meeting that was one <br />of the most loaded words that anyone in the public sector or any elected official can use. He said that <br />this word only needs to be used when a full and complete analysis of what is the public good is <br />thoroughly examined and discussed and heard at public hearing. That word is condemnation. <br />Condemnation is something that elected officials discuss and decide for a situation where the public <br />good far outweighs all other factors. He does not ever plan to vote for a condemnation. <br />Commissioner Gordon said that one of the most compelling parts to her was that there was <br />no designated plan that shows that this property should be dedicated, and that therefore payment-in-lieu <br />should be accepted. <br />The motion included approval of the resolution as stated below: <br />RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS <br />AUTHORIZING PAYMENT-IN-LIEU OF LAND DEDICATION IN <br />FULFILLMENT OF SECTION IV-B-7-b "RECREATION SITES" <br />FOR THE WILSON EFLAND MINOR SUBDIVISION <br />