23
<br /> DRAFT
<br /> 877
<br /> 878 Marilyn Carter: Different topic and a very broad question. Perdita,you mentioned that these changes are not
<br /> 879 applying to exempt or expedited subdivisions. I think I know at least one of those types, but could
<br /> 880 you reprise for us what are those exempt or expedited subdivision types?
<br /> 881
<br /> 882 Perdita Holtz: The exempt subdivisions that you're going to be most familiar with are the ones that have at least
<br /> 883 10-acre lots. Expedited are, Cy, can you help me there.
<br /> 884
<br /> 885 Cy Stober: Expedited are set forth in statute. They have a 6-point test, but the most important one is that you
<br /> 886 have no more than 2 acres that result—no,wait, that's exempt. You have no more than 5 acres
<br /> 887 that results in three lots, no new right of ways dedicated, and that that has not been done in the
<br /> 888 last 10 years and that the lots comply with our ordinance otherwise. They are a frequent
<br /> 889 subdivision tool of someone with, say, 10 acres or less than 20 who can't use the exempt avenue
<br /> 890 to create three new lots. And, by design, the statute's very clear that we are to use a light touch
<br /> 891 other than ensuring that there is road access to those new lots, that we're not to be imposing our
<br /> 892 development standards upon those new properties.
<br /> 893
<br /> 894 Whitney Watson: Perdita, could we go back to this, the 5-foot buffer? My question is did building code or fire
<br /> 895 marshal have any opportunity to review this? Because I know that there was, right after we
<br /> 896 moved back to North Carolina,there was a number of newspaper articles about landscaping,
<br /> 897 particularly with pine straw that went right up to the foundation of a house,and they were like no,
<br /> 898 no, no, don't do that. This sounds like it's permitted,and maybe fire safety would want to say, let's
<br /> 899 move landscaping away from the foundation of the house a certain amount. The other question 1
<br /> 900 had was when our house was placed, the contractor was very pointed in saying,yes,the ground
<br /> 901 must slope away from the house on all sides for, I believe, 5 or 6 feet,which has provided some
<br /> 902 problems because 5 feet out puts it at the bottom of a hill, and so that's where all the water
<br /> 903 collects in a rainstorm. So, it seems like there might be an opportunity here for building inspectors
<br /> 904 or code to suggest some way to mesh those two requirements of slope and vegetation planting.
<br /> 905
<br /> 906 Perdita Holtz: To answer your first question,the fire marshal is part of the Development Advisory Committee,
<br /> 907 and that committee did review these amendments, and there was not a comment made about
<br /> 908 pine straw. I'm not quite sure that something like that would go into a unified development
<br /> 909 ordinance. That becomes something that then the zoning enforcement officer is enforcing
<br /> 910 whether you have pine straw or not. And the 5-foot landscape area, it's for non-residential
<br /> 911 structures. It's not pertaining to residential structures.
<br /> 912
<br /> 913 Whitney Watson: Okay, because that's confusing. The example right above this paragraph is a residence.
<br /> 914
<br /> 915 Perdita Holtz: Well, and then a new section starts. Section J then starts. That figure right above that is to
<br /> 916 illustrate between-lot plantings,which is Section I. And then Section J starts.
<br /> 917
<br /> 918 Whitney Watson: I don't see where it says this is for non-residential use.
<br /> 919
<br /> 920 Perdita Holtz: If you read, "A minimum of a 5-foot landscape area must be planted around the entire front
<br /> 921 foundation and sides visible from the public rights of way of non-residential structures to blend the
<br /> 922 architecture into the site, etcetera.
<br /> 923
<br /> 924 Whitney Watson: Okay, sorry. I had covered that with a note.
<br /> 925
<br /> 926 Perdita Holtz: And I wanted to point out for Adam's benefit. I don't know if you noticed on Page 44 of the packet
<br /> 927 at the very top,we did add language to try to address as much as we can within a UDO about
<br /> 928 allowing for accessibility for maintenance purposes.
<br /> 929
<br /> 930 Cy Stober: And, Perdita, if I may, so to Mr. Watson's comment,the state building code still applies. I'm very
<br /> 931 familiar with essentially the discharge requirement from all downspouts and gutters. Particularly in
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