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Approved 12.4.24
<br /> 877
<br />Marilyn Carter: Different topic and a very broad question. Perdita, you mentioned that these changes are not 878
<br />applying to exempt or expedited subdivisions. I think I know at least one of those types, but could 879
<br />you reprise for us what are those exempt or expedited subdivision types? 880
<br /> 881
<br />Perdita Holtz: The exempt subdivisions that you're going to be most familiar with are the ones that have at least 882
<br />10-acre lots. Expedited are, Cy, can you help me there. 883
<br /> 884
<br />Cy Stober: Expedited are set forth in statute. They have a 6-point test, but the most important one is that you 885
<br />have no more than 2 acres that result – no, wait, that's exempt. You have no more than 5 acres 886
<br />that results in three lots, no new right of ways dedicated, and that that has not been done in the 887
<br />last 10 years and that the lots comply with our ordinance otherwise. They are a frequent 888
<br />subdivision tool of someone with, say, 10 acres or less than 20 who can't use the exempt avenue 889
<br />to create three new lots. And, by design, the statute's very clear that we are to use a light touch 890
<br />other than ensuring that there is road access to those new lots, that we're not to be imposing our 891
<br />development standards upon those new properties. 892
<br /> 893
<br />Whitney Watson: Perdita, could we go back to this, the 5-foot buffer? My question is did building code or fire 894
<br />marshal have any opportunity to review this? Because I know that there was, right after we 895
<br />moved back to North Carolina, there was a number of newspaper articles about landscaping, 896
<br />particularly with pine straw that went right up to the foundation of a house, and they were like no, 897
<br />no, no, don't do that. This sounds like it's permitted, and maybe fire safety would want to say, let's 898
<br />move landscaping away from the foundation of the house a certain amount. The other question I 899
<br />had was when our house was placed, the contractor was very pointed in saying, yes, the ground 900
<br />must slope away from the house on all sides for, I believe, 5 or 6 feet, which has provided some 901
<br />problems because 5 feet out puts it at the bottom of a hill, and so that's where all the water 902
<br />collects in a rainstorm. So, it seems like there might be an opportunity here for building inspectors 903
<br />or code to suggest some way to mesh those two requirements of slope and vegetation planting. 904
<br /> 905
<br />Perdita Holtz: To answer your first question, the fire marshal is part of the Development Advisory Committee, 906
<br />and that committee did review these amendments, and there was not a comment made about 907
<br />pine straw. I'm not quite sure that something like that would go into a unified development 908
<br />ordinance. That becomes something that then the zoning enforcement officer is enforcing 909
<br />whether you have pine straw or not. And the 5-foot landscape area, it's for non-residential 910
<br />structures. It's not pertaining to residential structures. 911
<br /> 912
<br />Whitney Watson: Okay, because that's confusing. The example right above this paragraph is a residence. 913
<br /> 914
<br />Perdita Holtz: Well, and then a new section starts. Section J then starts. That figure right above that is to 915
<br />illustrate between-lot plantings, which is Section I. And then Section J starts. 916
<br /> 917
<br />Whitney Watson: I don't see where it says this is for non-residential use. 918
<br /> 919
<br />Perdita Holtz: If you read, "A minimum of a 5-foot landscape area must be planted around the entire front 920
<br />foundation and sides visible from the public rights of way of non-residential structures to blend the 921
<br />architecture into the site, et cetera. 922
<br /> 923
<br />Whitney Watson: Okay, sorry. I had covered that with a note. 924
<br /> 925
<br />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 926
<br />at the very top, we did add language to try to address as much as we can within a UDO about 927
<br />allowing for accessibility for maintenance purposes. 928
<br /> 929
<br />Cy Stober: And, Perdita, if I may, so to Mr. Watson's comment, the state building code still applies. I'm very 930
<br />familiar with essentially the discharge requirement from all downspouts and gutters. Particularly in 931
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