Orange County NC Website
Browse       Search
17 <br /> DRAFT <br /> 603 <br /> 604 Cy Stober: Yeah, it can,yeah. <br /> 605 <br /> 606 Beth Bronson: Okay. <br /> 607 <br /> 608 Cy Stober: And then of course we have, oh, but what does not count as a minor is that even if you have that <br /> 609 lot count and even if you meet either the reduced lot size or the conventional lot size under that <br /> 610 zoning district, if you are going to dedicate a new public street or improve a new public street, if <br /> 611 you are going to extend utilities to the site, or you are going to necessitate the installation of <br /> 612 drainage improvements,which would require easements through one or more lots to serve other <br /> 613 lots,you are not a minor subdivision. So, if you have stormwater conveyances that thread <br /> 614 throughout your development, or you are dedicating a new road, you are a major subdivision, and <br /> 615 you are regulated at such. <br /> 616 <br /> 617 Meg Millard: Is common ground Eco Village, does that count as a major subdivision then? <br /> 618 <br /> 619 Cy Stober: They are minor flexible, yeah. <br /> 620 <br /> 621 Meg Millard: They're minor? <br /> 622 <br /> 623 Cy Stober: Yeah. <br /> 624 <br /> 625 Meg Millard: Because they only have 12 lots or something. <br /> 626 <br /> 627 Cy Stober: And their drainage is generally to the back of every lot, if I recall, into the open space. <br /> 628 <br /> 629 Meg Millard: Right, and there is one here. <br /> 630 <br /> 631 Cy Stober: Yeah. <br /> 632 <br /> 633 Meg Millard: But they did put a big road too. <br /> 634 <br /> 635 Cy Stober: Correct. Yeah,yeah, but it is a private road. <br /> 636 <br /> 637 Meg Millard: Okay. <br /> 638 <br /> 639 Cy Stober: Yeah,yeah. And that brings us to the major subdivision. So, right now, this is the language right <br /> 640 now that is in the ordinance. We are proposing to amend it to be affirmative rather than saying <br /> 641 what it is not or trying to say what it is,which is more than five lots, conventional lots, or more than <br /> 642 12 flexible lots but not more than 21. You will see here,when we have a threshold that requires <br /> 643 rezoning, if a tract of land is proposed for a subdivision that is 21 or more lots, and then we also <br /> 644 have this legacy standard that pins, that says we have to go back to 2003 and look at the property <br /> 645 boundaries there and consider how many lots have been created subsequently over the years on <br /> 646 that tract. In discussions with county attorney's office,we cannot hold Party A responsible for the <br /> 647 actions of Party B. So, if John Doe came along and divided the tract into 20 lots 5 years ago,you <br /> 648 cannot hold Jane Doe responsible for John Doe's actions. She has the right to subdivide her land <br /> 649 that she has purchased, and that could lead to adjacent major subdivisions. The intent of the <br /> 650 commissioners was to regulate that and to prohibit that. Our attorney's office and I have <br /> 651 discussed it at length, and we do not think it is defensible, and so, I am not going to enforce it as, <br /> 652 you know, I am not going to say Jane Doe you cannot do that because another party, related or <br /> 653 otherwise, came in and divided the land years before you did. <br /> 654 <br /> 655 Beth Bronson: I got to understand that the tract of land could have in it subdivided properties. <br /> 656 <br /> 657 Cy Stober: Yeah. <br />