HomeMy WebLinkAboutRES-2001-059 Resolution to Deny The McGowan Creek Subdivision Preliminary PlanR6'.5 -aao - as9
RESOLUTION
OF
THE ORANGE COUNTY BOARD OF COMMISSIONERS
TO DENY
THE McGOWAN CREEK SUBDIVISION PRELIMINARY PLAN
Date:
Name of Subdivision:
Owner /Applicant:
May 15, 2001
McGowan Creek
Efland, LLC.
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The Board of County Commissioners hereby denies approval of the Preliminary Plan for
McGowan Creek Subdivision as shown on the preliminary plan dated November 8, 2000,
based on and including, but not limited to, the following:
1. The proposed development is designed as submitted to be serviced by public sewer to
include a 14,000 square foot lot minimum, which can only be permitted in Orange County
if they are to be served by public sewer.
• There is currently no public sewer available to the site.
• Efland sewer system adopted "Overall System Plan" which is the only public sewer
system in the area does not include any portion of the subject subdivision, as
illustrated on Exhibits A and B.
2. Section IX of the Resolution establishing rules and regulations for the Operation of a .
Sewer Collection Treatment System to serve the Efland area of Orange County, as
adopted on November 19, 1985 and amended on March 1, 1988, November 15, 1988
and October 19, 1999 states:
"All such extensions must be consistent with the Overall System Plan as adopted from
time to time by Orange County. All such extensions must be approved by the County
Engineer."
• An extension for this site would be inconsistent with the Plan, so the County Engineer
cannot approve the extension.
3. Extension of the System to new developments can only be approved by the County _
Engineer if all zoning, subdivision, land use plan and comprehensive plan regulations of
Orange County or the Town of Hillsborough, if applicable are met.
• Proposed subdivision is not consistent with all zoning, subdivision, and land use plan
requirements of the Comprehensive Plan of Orange County, as illustrated on Exhibits
A & B. A portion of the property is located outside of the twenty -year Transition Area.
The Orange County Water and Sewer Policy provides generally that public sewer
may not be extended into areas outside of the Transition Areas unless it is part of an
adopted system plan or there is an overriding public health emergency or benefit.
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• The provision of public services and facilities follow and /or should ' occur
simultaneously with planning efforts to channel development over time in a manner
consistent with the goals and policies outlined in the Land Use Plan, which promotes
development within transition areas that are part of approved sewer system plans.
4. Approximately 96 acres of the subdivision (39.3 %) are located in an area designated as
Rural Residential in the adopted Land Use Element of the Orange County .
Comprehensive Plan. The Land Use Element states as follows with respect to the Rural
Residential designation: "Land in the rural areas of the County which is appropriate for
low intensity and low- density residential development and which would not be dependent
on urban services during the plan period." The Land Use Element further states: "Public
Services /Utilities located in areas that will not require urban -type services." _
NOW THEREFORE BE IT RESOLVED by the Board of Orange County
Commissioners that the Preliminary Plan for McGowan Creek Subdivision is denied for the
foregoing reasons.
Upon motion of Commissioner seconded by Commissioner
the foregoing resolution was adopted this the day of
2001.
I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange,
North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the
proceedings of said Board at a meeting held on , 2001 as relates in any way
to the adoption of the foregoing and that said proceedings are recorded in Minute Book No.
of the minutes of said Board.
WITNESS, my hand, this day of 2001.
Clerk to the Board of Commissioners