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regulations shall apply Only to divisions of land that qualify as major <br /> subdivisions under the Orange County Subdivision Regulations." This <br /> provision, in MY opinion, should not be adopted as part of the zoning <br /> regulations. In the first instance it may exempt altogether planned <br /> developments from the watershed protection measures. Not all <br /> planned developments "qualify" as subdivisions under the Orange County <br /> Subdivision Regulations. Second, and perhaps most important, the <br /> minor major subdivision distinction in the subdivision regulations is not <br /> a substantive one. The distinction is procedural only. That is, minor- , <br /> subdivisions, thought to have less of a policy impact on planning in the <br /> county are handled by the planning staff. Major subdivisions, on the <br /> other hand, with greater policy impact must be reviewed by the Board <br /> of County Commissioners. The requirements for each, however, have <br /> no direct relation to the subdivisions minor or major designation. The <br /> Proposed zoning ordinance amendment which would exempt minor <br /> subdivisions from watershed Protection requirements makes the <br /> distinction more than just one of which governmental agency approves <br /> the development. Furthermore, exempting the minor subdivision places <br /> reliance on the timing of the subdivision rather than the intensity of <br /> the development. Some tracts of land may have already "used-up" <br /> their allotment of new lots created by the minor subdivision process. <br /> Others may not have used any. The distinction from the point of <br /> view of the owner of a large tract which is already a "lot" of a minor <br /> subdivision consisting of four lots may not be a legally rational one <br /> (the ultimate test for all zoning regulations). <br /> A suggested approach to achieve the same overall goal which <br /> —does not offend the rational basis test applicable to zoning regulations: <br /> is to permit the creation of "XII building lots from 11y,, square feet <br /> without requiring watershed protection regardless of the procedural <br /> proce�:q used to create the lots. <br /> I will be glad to expand on these comments at your July 6th <br /> meetin,-) or thereafter at your pleasure. <br /> Very truly yours, <br /> Geo <br /> , r E. Gledhill <br /> 19GIf r <br /> .......... <br />