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19 <br /> It was noted that the 1000 acre tract east of the proposed subdivision has access to <br /> Highway 70. <br /> Price stated that she felt this should be considered a driveway since the cul-de-sac <br /> indicated that was the end of the road. She also noted that they are not building a <br /> new road,the driveway is already existing,therefore,she felt this requirement does <br /> not apply. Garrett responded that this was not the planners interpretation. Anytime <br /> a tract of land is created into smaller lots it is considered a subdivision. Price agreed, <br /> but again noted that a new road was not being constructed. <br /> Allison asked for clarification of statement made by Willis regarding public <br /> dedication at the present time with a Road Maintenance Agreement for construction <br /> and maintenance of a private road. Willis responded that she felt this would be an <br /> acceptable solution. This suggestion was acceptable to the applicants. <br /> MOTION: Allison moved public dedication of the right-of-way,with a Road Maintenance <br /> Agreement for private road construction and maintenance with public road to be <br /> constructed if there is further subdivision. Seconded by Brooks. <br /> VOTE: Unanimous. <br /> b. Concept Plans <br /> (1) Davi-Net <br /> (21 Lots-Eno Township) <br /> Presentation by Mary Willis. <br /> The property is located at the northwest intersection of Mr.Herman Church Road <br /> (SR 1713)and Old NC#10(SR 17 10)in Eno Township. It is zoned Rural <br /> Residential (R-1)and designated Lower Eno Protected Watershed(L-ENO-PW)in <br /> the Land Use Element of the Comprehensive Plan. <br /> The area proposed for development is 28.62 acres in size with 21 lots proposed.Lot <br /> sizes range from 40,000 square feet to 1.64 acres.The lots will be served by <br /> individual septic systems and a proposed community well. <br /> Access to the property is from Old NC#10. The streets will be public and <br /> constructed to NCDOT standards.All lots will receive access from the internal <br /> subdivision roads. <br /> The subdivision application materials were submitted on June 18, 1996,prior to the <br /> implementation date for the current Flexible Development provision.The Planning <br /> Staff recommended changes to the original design in order to improve access.The <br /> Subdivision Regulations in effect at that time required that the subdivision be <br /> presented to the Planning Board within 45 days of acceptance unless a longer period <br /> is approved by the applicant. <br /> The 45 day time limit would have been up on August 2. However,we have received <br /> a letter from the applicant indicating approval of a longer period. Due to the <br /> Planning Board meeting being moved up in July from the 15th to the 9th and the <br /> changes being made to the original design,the subdivision did not get on the July <br /> agenda. Based on these factors the subdivision is being considered under the <br /> provisions prior to the implementation date for the Flexible Development provisions. <br />