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Orange County Board of Commissioners <br />Page 3 <br />May 14, 2001 <br />and myself think that the Ashwick project captures all that the <br />County's regulations now require with respect to an open space <br />project. That is why we are recommending approval. We think <br />otherwise about the McGowan Creek Subdivision, even though one <br />Of its most important features is that it includes almost two <br />thirds of the property left in open space. However, given the <br />fact that it is outside of the overall system plan for the <br />Efland Sewer System it is not possible for the administration to <br />recommend approval on this project. <br />As you probably have noticed, lawyers representing these <br />two developers have attended many if not of all your meetings in <br />which the Efland Sewer System had been discussed. The <br />administration recommendations on these two projects are made <br />independent of their presence. However, I would advise you as I <br />always do, to be circumspect in the comments you make during <br />your consideration of these projects. For example, I think it <br />unnecessary to debate with the developers whether or not the <br />land use plan prohibits the extension of utilities outside of a <br />transition area (it does not) or whether or not the County's <br />Water and Sewer Policy also prohibits these extensions (that <br />Policy has never been made a land use plan document). Resolution <br />of this preliminary plan does not require resolution of that <br />issue since the project cannot proceed without public sewer. <br />Likewise, questions raised by the developers regarding <br />procedural matters (the order of subdivision approval vs. sewer <br />system approval and whether the developer had the right to rely <br />on correspondence from the County Engineer and what the context <br />was of that correspondence) will not be fruitfully debated at <br />the Board meeting. What matters for the McGowan Creek <br />Subdivision is that the County is not now willing to allow the <br />extension of its sewer system to this property, is not now <br />willing to commit when it will and that this development cannot <br />be approved without public sewer because of the lot sizes <br />proposed. In the instance of Ashwick, the public water and <br />public sewer door has been opened by the approval of Richmond <br />Hills. Debate about the future course of public utilities in the <br />West Central part of the County should proceed as though Ashwick <br />were a "done deal." <br />My guess is that the owners of McGowan Creek will take a <br />denial in stride. I make no promises about that, however. What I <br />