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Agenda - 10-21-2008 - 6b
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Agenda - 10-21-2008 - 6b
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10/17/2008 3:59:21 PM
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10/17/2008 3:59:19 PM
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BOCC
Date
10/21/2008
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
6b
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Minutes - 20081021
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\Board of County Commissioners\Minutes - Approved\2000's\2008
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3 <br />following four options related to access for the proposed subdivision: <br />Option 1: Relocate the proposed joint driveway to the common boundary line of Tracts 1 <br />and 2 and record a joint driveway agreement. Ms. Chappell may create a joint driveway at <br />the centerline of the new lot and the lot upon which her residence is located, and then <br />close her current residence's driveway with this option. This is probably the least attractive <br />of the options due to clearing of woods and re-landscaping of the current driveway location <br />that would be required. <br />Option 2: Leave the existing driveway within Lot 29B intact and enlarge it to create a 50-ft. <br />easement that extends into Tract 2, ending in a cul-de-sac or T-turnaround. This option <br />will require a road maintenance agreement. Access will be provided to Ms. Chappell's new <br />lot via an existing driveway that serves Ms. Chappell's current residence with this option. <br />This option would require the creation of a 50-foot right-of-way, with a road maintenance <br />agreement, but there would be no requirement to construct the driveway connection to the <br />new lot until the issuance of a building permit for the new lot. The number of access points <br />to Whitfield Road would not change with this option, and therefore the subdivision <br />regulations would be met. <br />Option 3: Obtain access from Tract 1 when it is developed and provide a no vehicular <br />access strip along Tract 2 at Whitfield Road. This will require Tract 2 to become party to <br />the road maintenance agreement created for the access provided for the development of <br />Tract 1. Ms. Chappell's lot is to use an internal access private street that will be built for <br />the remainder of this 19.62± acre tract with this option. <br />Option 4: Appeal the Planning Department's decision to the Board of County <br />Commissioners in accordance with Section III-C-S of the Subdivision Regulations and <br />request that the driveway restriction of the regulations be waived for this case. <br />After receipt of the February 11th letter, Ms. Chappell decided to file an appeal to the <br />Board. Ms. Chappell filed her appeal via email directly to the individual Board members <br />and the Clerk to the Board on February 21, 2008. The email was forwarded to the <br />Planning Staff on the 22"d of February (See attachment 3). <br />The Planning Department decision on this subdivision application, as recommended by <br />DAC, was based on the fact that the minor subdivision application met all of the <br />requirements for approval except for Subdivision Regulations Section IV-B-3-c-8 Access <br />Restrictions as set forth below: <br />Where a subdivision adjoins a heavily traveled street classified as arterial or collector <br />in the Orange County Comprehensive Plan, in the interest of highway safety, the <br />subdivider shall be required to provide a common driveway, a marginal access street <br />parallel to the arterial or collector, or reverse frontage on a smaller street when the only <br />access to the subdivision will be from an arterial or collector street. Where access is <br />available to any internal subdivision street, whether by reverse frontage of other lot <br />arrangement, private driveways shall not have access to the arterial or collector. It is <br />the intent of this section to minimize the number of points of egress and regress to <br />main Roads within Orange County. <br />
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