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26 <br />DRAFT <br />154 Renee Price: Parcel B? <br />155 <br />156 Jennifer Leaf: The stream is very short and that's the buffer. <br />157 <br />158 Steve Yuhasz: There is drainage there that collects surface water and it runs into the creek. <br />159 <br />160 Jay Bryan: In Rich Shaw's report, he states the property may accommodate a future 10 foot wide public walking trial. <br />161 Construction of a walking trail is unlikely to occur unless and until additional lands along the creek are dedicated. Is <br />162 the talking about lands other than on this property? <br />163 <br />164 Steve Yuhasz: Yes, other than on this property. <br />165 <br />166 Robert Davis: One item I need to clarify, rather than a dedication what the county generally gets is a deed to the <br />167 property. It would be defined as a parcel that would be deeded to the County and the County would control whether <br />168 the road is extended. <br />169 <br />170 Steve Yuhasz: Under North Carolina law if a road is dedicated to the public, and not owned, it is presumed that <br />171 dedication, it requires a notice of withdrawal from the original dedicator or some successor of interest and with that <br />172 ownership by the county it's not clear who is the owner. <br />173 <br />174 Robert Davis: The County would simply own it. The road could extend to the boundary, or they could allow them to <br />175 pull it back. But not to let it turn into a HOA controlled property. <br />176 <br />177 Renee Price: I've been opposed to Stub outs for a while. With only for five lots I'm concerned that if someone wants <br />178 to live in a small community and this wasn't a policy why would staff want to push the policy for large suburbanlurban <br />179 type tracks? <br />180 <br />181 Robert Davis: It is in the ordinance for all public streets.to go to the boards. <br />182 <br />183 Renee Price: Stub outs are not required. <br />184 <br />185 Robert Davis: For connectivity they are. The only reason we are looking at this because it is a public road. Staff <br />186 could approve a five lot subdivision for a public road but it is not in the ordinance. We do ask for them to be stubbed <br />187 but Board of County Commissioners can say no. <br />188 <br />189 Jeffrey Schmitt: We are listening to this because of this stub. <br />190 <br />191 Robert Davis: Because it is a public road and they want to turn it over to the state for maintenance. <br />192 <br />193 Jeffrey Schmitt: Let's say we don't all agree with the stub; is it still a public road? <br />194 <br />195 Robert Davis: Yes. The public road is to be maintained. <br />196 <br />197 Sam Lasris: Can we require dedication to determine approval? Are we allowed to make that a requirement? <br />198 <br />199 Jay Bryan: I believe we have that power based on recommendation of staff. But the applicant is asking us to do <br />200 something different. <br />201 <br />202 Sam Lasris: If we eliminate the cul-de-sac, would there be room for fire and safety to turn around? <br />203 <br />204 Robert Davis: We wouldn't eliminate the cul-de-sac. <br />4 <br />