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ORANGE COUNTY <br />BOARD OF COUNTY COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: December 1, 2008 Action Agenda <br />Item No. <br />SUBJECT: Cabe Crossing Subdivision — Preliminary Plat Modification and Re-approval <br />DEPARTMENT: Planning and Inspections <br />ATTACHMENTS: <br />(Under Separate Cover) <br />1) Resolution of Approval <br />2) Proposed Preliminary Plat and Previously Approved <br />Plat <br />3) 1110512008 Planning Board Minutes <br />4) Specific Revisions to Previous Approval Information <br />5) Materials for Previous Approval <br />PUBLIC (YIN) N <br />HEARING: <br />INFORMATION CONTACT: <br />Glenn Bowles, Planner 11, 245-2577 <br />Robert P. Davis, Current Planning <br />Supervisor, 245-2580 <br />PURPOSE: To make a decision on the Cabe Crossing Subdivision Preliminary Plat modification <br />and re-approval request. <br />BACKGROUND: <br />Plat Modification Request <br />The sole purpose of this request is to remove the 4.73 acre Tract "A" from the approved <br />preliminary plat. As the maps in Attachment 2 show, lot sizes and layout are unaffected <br />by this request. The request is being made due to the Eno River Association's desire to go <br />forward immediately with acquisition of open space lands, including the 4.73-acre Tract "A" land. <br />Doing so necessitates a modification to the approved preliminary plat because: <br />1. The approved preliminary plat contains Tract "A", <br />2. The developer is not in a position (due to market conditions) to proceed with recording the <br />final plat at this time, and <br />3. If the Eno River Association desires to acquire Tract "A", Tract "A" can be severed from <br />the approved preliminary plat. <br />Section III-D-3-e of the County's Subdivision Regulations requires that an "Applicant shall submit <br />an amended application for review as an original application if he/she proposes to substantially <br />amend or modify his/her application after the Board of Commissioners have approved the i <br />Preliminary Plat." The plat is substantially the same except that the 4.73-acre public dedication s <br />occurring sooner and independent of the original plat recording. Because of the independent <br />exchange of property, the $9,100 payment-in-lieu-of-dedication fees will be affixed to this <br />modified plat. <br />