Agenda - 11-25-1991 - Laserfiche WebLink

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I PROPOSED ORDINANCE AMENDMENT SUBDIVISION REGULATIONS REFERENCE: SECTION III -B CLASSIFICATION OF SUBDIVISIONS SECTION II DEFINITIONS (SUBDIVISION, MINOR) SECTION IV REQUIRED MINIMUM DESIGN STANDARDS ORIGIN OF AMENDMENT: _x Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: xi High Middle Low comment: EXPECTED PUBLIC HEARING DATE: November 25, 1991 PURPOSE OF AMENDMENT: To provide design standards for subdivision lots larger than 10 acres. IMPACTS /ISSUES: GS 153A -335 provides the definition of subdivision. The definition includes a list of land divisions which are not considered subdivisions. The provisions of the Subdivision Regulations do not apply to land divisions created under one or more of these exemptions. One of the exemptions is "the division of land into parcels greater than 10 acres if no street right -of -way dedication is involved ". This provision has been interpreted to mean that all of the lots on a plat exempted under these provisions must be larger than ten acres. If any of the lots fall below the 10 -acre minimum, then all lots, including those larger than 10 acres, are subject to subdivision regulations. There are several results of this interpretation which are of concern, as illustrated in the following examples. Example 1: A property owner wishes to divide a 50 -acre tract into (4) 10 -acre lots, and (2) 5 -acre lots. If all lots are shown on one plat, then a major subdivision is created. All provisions apply to the 10 -acre lots as well as the 2- acre lots, including landscaping and restrictions on any further subdivision if a private road is proposed. The same development could alternatively be done on 2 separate plats. one plat could be recorded for (5) 10 -acre lots. This requires only the signature of the Planning