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Steve Yuhasz, the developer, made reference to the concerns about the conservation <br /> easement and said that the intent is that this conservation easement will be enforceable by someone and <br /> stay in the state it is in at the present time. Regarding the minor subdivision that occurred prior to this <br /> subdivision application, the road was an existing private driveway and Mr. Davis' daughter's house is on <br /> the back of this lot, which is on the private road. The road is not one that is suitable for more traffic than <br /> those two houses would generate. The private recreational space was voluntary and will probably be <br /> unused. He said that the homeowners association with just six members is going to be inactive. <br /> Regarding the likelihood of further subdivision, he said that the area in the back of the lots is generally <br /> wet and not suitable for septic tanks. <br /> In answer to a question for clarification about the possibility of a conservation easement— <br /> public or semi-public - David Stancil said that this is a conservation easement but it is not clear who will <br /> maintain it or how it will be maintained. <br /> Commissioner Brown asked for clarification on the road. Steve Yuhasz said that DOT came <br /> out and identified the best location for the road. The road is in the right place to give the maximum sight <br /> distance in both directions along Davis Road. <br /> Homer Davis said that this land has been in his family since 1913. This land was terraced <br /> and has been kept that way. There is no erosion there. The lot layout is according to the terracing of the <br /> land. There are three elevations. His daughter has two lots on this property with one entrance. He said <br /> that the two factors important to him are maintaining the road and safety. This is where they want the <br /> road to go. <br /> A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to <br /> approve the Preliminary Plan for Davis Farm subdivision in accordance with the resolution of approval. <br /> Chair Jacobs asked if we should nail down who holds the easement. Geoffrey Gledhill <br /> suggested that this be addressed in paragraph two under "Parkland" on page seven of the agenda <br /> abstract. He suggested the following language: "The conservation areas will be subject to the <br /> conservation easement in favor of all six lots in the subdivision which easement shall be assigned to <br /> Orange County or a land conservancy at the request of the County or the land conservancy." <br /> This language was agreed upon by the Board. <br /> VOTE: UNANIMOUS <br /> Chair Jacobs asked to see in writing from DOT the analysis they do for roads and <br /> transportation. He also asked where we are in the payment-in-lieu study. Craig Benedict said that the <br /> payment-in-lieu study is back in the hands of the Planning Staff to provide additional information so that <br /> the consultant can finish the work. <br /> o. Tuscany Ridge Subdivision — Preliminary Plan <br /> The Board was to consider a preliminary plan for the proposed Tuscany Ridge subdivision. <br /> However this was delayed until the next meeting. <br /> 10. REPORTS - NONE <br /> 11. APPOINTMENTS - NONE <br /> 12. MINUTES - NONE <br /> 13. CLOSED SESSION <br /> A motion was made by Commissioner Gordon, seconded by Commissioner Carey to go into Closed <br /> Session "To discuss the County's position and to instruct the County Manager and County Attorney on <br /> the negotiating position regarding the terms of a contract to purchase real property," NCGS § 143- <br /> 318.11(a)(5) <br /> VOTE: UNANIMOUS <br /> 14. ADJOURNMENT <br />