Agenda - 02-01-1994 - VIII-H - Laserfiche WebLink

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1 20 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 22 - DEFINITIONS ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public Other: County Attorney STAFF PRIORITY RECOMMENDATION: High Middle x Low Comment: PUBLIC BEARING DATE: February 28, 1994 PURPOSE OF AMENDMENT: To clearly define the point at which a subdivision lot is "created" for the purpose of determining whether or not the lot is subject to amendments which may be made to the Zoning Ordinance or Subdivision Regulations. IMPACTS/ISSUES: It is often the case that lots which existed prior to a particular amendment to the Zoning Ordinance are not subject to the amended provisions. The date on which a lot is "created" can be critical in determining whether or not a lot can be developed in the manner requested. From a legal standpoint, a subdivision lot is "created" at the time that a Final Plat for the subdivision is recorded with the Register of Deeds. However, it has been the policy of Orange County to recognize lots which have been approved through the applicable review and approval process as existing, even if the final step of recording the subdivision has not occurred. Major Subdivisions are considered approved when the Preliminary Plan Resolution of Approval is adopted by the Board of J Commissioners. It may take months, or in the case of large subdivisions, several years for all of the lots to be recorded, depending on how long it may take to construct roads and other improvements required as part of the project approval. Minor Subdivisions are considered approved upon approval of a Final fPlat by the Planning Staff. The Final Plat includes conditions which must be met before the Subdivision can be recorded. The Final