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Minutes - 20061120
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Minutes - 20061120
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BOCC
Date
11/20/2006
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Minutes
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Tam Eakes asked to make a comment. He lives on Lake Orange. He said that the <br />people on Lake Orange, as well as the people on the other lakes and streams around town, <br />would like to know haw staff will police this and what kind of actions will be taken. <br />VOTE: UNANIMOUS <br />Chair Jacobs pointed out that there have been two meetings of the Eno River <br />Confluence -and there was an effort to bring together people that had interest in the Upper <br />Eno, and there was never representation from Lake Orange residents. There will be another <br />one in April. He encouraged the residents to leave information with the Clerk so that they can <br />be invited. <br />5. Subdivision Regulations Text Amendments: Planning Board and staff initiated <br />amendments to Section IV-B, Conservation-Cluster Option, to modify the perimeter buffer <br />standards to distinguish and develop comparable dimensions between urban versus rural <br />design subdivisions. <br />Planning Supervisor Robert Davis introduced this item. Orange County has three flexible <br />development options -Estate Lot, Conservation Cluster, and Village. This amendment will only <br />affect the conservation cluster option and only the buffer standard and the types of ownership of <br />the buffers. There were modifications in 1999 that placed a 100-foot perimeter building setback <br />buffer on this development option. The original intent of the 100-foot setback was to lessen the <br />impact of higher density clusters of housing on the surrounding, lower density dwellings. The <br />setback has presented challenges in smaller acreage subdivision and also irregularly shaped <br />tracts. There was a situation in Ashwick where an accessary structure could not be built because <br />of the setback. The proposal is to go from the 100-foot setback to a 60-foot setback owned by the <br />homeowner's association. The 100-foot setback requirement will remain in rural areas along <br />roadways. The staff would like to get this back to the Planning Board to set up an Ordinance <br />Review Committee to review this more thoroughly. <br />Chair Jacobs said that his initial impression is that in the urbanizing areas, it seems to <br />make more sense. He suggested putting the map in the abstract and giving the County <br />Commissioners more information on the buffer requirements. <br />Chair Jacobs questioned the faith that the Homeowner's Association will solve a problem. <br />He said that part of this is based on the assumption that if the Homeowner's Association <br />controlled the buffer, that it would be less likely to be disturbed. Based on his experience, it is just <br />as likely to be the other way around. <br />Robert Davis said that his experience is that people do less encroachment from a <br />structural standpoint when the homeowner's association owns it. <br />Jay Bryan said that he does not recall anyone else asking for anything other than just <br />looking at how to prevent the immediate issue in Ashwick. He does not remember it being <br />expanded to a larger policy issue. <br />Robert Davis said that he recalls that the motion was to consider ways for this not to <br />happen again. <br />Public Comment <br />Steve Yuhasz said that he is not opposed to these buffers, but he thinks that this is <br />indicative of the need to review the entire flexible development process. He said that the proposal <br />of 60 feet would not qualify for any credit as open space to meet the requirements. He thinks that <br />the proposal can work, but it needs to be part of a larger evaluation of the buffer requirements. <br />He said that he is working with a subdivision now where he will have to provide less open space <br />than he would want to in order to meet the requirement that the lots touch on open space. He <br />
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