RES-2001-059 Resolution to Deny The McGowan Creek Subdivision Preliminary Plan

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R6'.5 -aao - as9 RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS TO DENY THE McGOWAN CREEK SUBDIVISION PRELIMINARY PLAN Date: Name of Subdivision: Owner /Applicant: May 15, 2001 McGowan Creek Efland, LLC. �C The Board of County Commissioners hereby denies approval of the Preliminary Plan for McGowan Creek Subdivision as shown on the preliminary plan dated November 8, 2000, based on and including, but not limited to, the following: 1. The proposed development is designed as submitted to be serviced by public sewer to include a 14,000 square foot lot minimum, which can only be permitted in Orange County if they are to be served by public sewer. • There is currently no public sewer available to the site. • Efland sewer system adopted "Overall System Plan" which is the only public sewer system in the area does not include any portion of the subject subdivision, as illustrated on Exhibits A and B. 2. Section IX of the Resolution establishing rules and regulations for the Operation of a . Sewer Collection Treatment System to serve the Efland area of Orange County, as adopted on November 19, 1985 and amended on March 1, 1988, November 15, 1988 and October 19, 1999 states: "All such extensions must be consistent with the Overall System Plan as adopted from time to time by Orange County. All such extensions must be approved by the County Engineer." • An extension for this site would be inconsistent with the Plan, so the County Engineer cannot approve the extension. 3. Extension of the System to new developments can only be approved by the County _ Engineer if all zoning, subdivision, land use plan and comprehensive plan regulations of Orange County or the Town of Hillsborough, if applicable are met. • Proposed subdivision is not consistent with all zoning, subdivision, and land use plan requirements of the Comprehensive Plan of Orange County, as illustrated on Exhibits A & B. A portion of the property is located outside of the twenty -year Transition Area. The Orange County Water and Sewer Policy provides generally that public sewer may not be extended into areas outside of the Transition Areas unless it is part of an adopted system plan or there is an overriding public health emergency or benefit.