HomeMy WebLinkAboutAgenda - 09-05-2000-5cORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 5, 2000
Action Agenda
Item No.
SUBJECT: Recreation Site Dedication vs. Payment -in -Lieu in the Matter of Wilson Efland Minor
Subdivision
DEPARTMENT: Planning and Inspections
ATTACHMENT(S):
1) Letter from Planning Department to Applicant
2) Property Map
3) Vicinity Map
4) Sections of Subdivision Regulations Pertaining to
Parkland Dedication and Payment -in -Lieu and Resource
Protection
5) 7 -12 -00 Planning Board Minutes
6) Resolution Requiring Park Land Dedication
PUBLIC HEARING: (Y /N) No
INFORMATION CONTACT:
Jane Garrett, Planner I
EXT 2581
Craig Benedict, Director
EXT 2592
TELEPHONE NUMBERS:
Hillsborough 732 -8181
Chapel Hill 968 -4501
Durham 688 -7331
Mebane (336)227 -2031
PURPOSE: Consideration of condition required by the Orange County Subdivision Regulations (Section
IV- B -7 -b) regarding Recreation Site Dedication for Minor Subdivision application.
Board of Commissioners action by Resolution on minor subdivision condition of approval..
(See Attached)
BACKGROUND:
The following notes are background information:
• Recreation Site dedications have been in effect since 1986 pursuant to Section IV -13-7 -b of the
Subdivision Regulations.
+ Dedications of land for recreation or open space are not a new requirement, but have been seldom used
in practice over the last 8 years. Payment -in -Lieu has been widely used.
• 44 acres, ranging in size from .16 acre to 12.34 acres, have been acquired through subdivision land
dedications between 1987 and 1992.
• Bradford Ridge Subdivision (approved in Summer 1999) was the first in many years to make a land
dedication because staff is now linking resource corridors (e.g. Cane Creek to Eno River) which are part
of the Comprehensive Plan and implementing land dedications, 5 acres in the Bradford Ridge case.
• Recreation site dedications are widely used around NC and the rest of the US and have been found to be
legal in their usage. Orange County's regulations are stronger in many cases because of the
Comprehensive Plan land use support adopted in 1981.
2
• Recreation dedication will be more widely used in the present and future subdivision review because of
the heightened identification of resources and park needs and the opportunity to plan for the future.
• Staff recommends land dedication as justified in paragraph #5 of the 'Final Plat' section and as noted in
the recommendation. The natural floodplain area will be a'defacto' wildlife corridor.
• The applicant disputes parkland dedication and seeks payment in lieu, which would be $422.00 for the
Minor Subdivision application for the Wilson Efland Subdivision.
• Pursuant to Payment in Lieu provisions Section IV- B- 7 -b -6:
"Any subdivider required to dedicate recreation area pursuant to this Ordinance may, with the
approval of the Board of Commissioners make a payment in lieu of dedication or make a combination
of land dedicated and payment. Before approving a payment in lieu of dedication, the Board of
Commissioners shall rind that no recreation and/or open space sites have been designated on the
adopted Comprehensive Plan for the properly in question. "
Location: The property is located on the north side of US Highway 70 West, Cheeks Township;
between Efland -Cedar Grove Road (SR 1004) and Brookhollow Road (SR 1324).
Existing and Proposed Conditions
Existing: One tract consisting of 8.73 acres, which fronts on US Highway 70 West with a portion
also having access to an existing private right -of -way.
Proposed: Two lots (5.41 acres and 1.796 acres); the 5.41 acre tract will have access provided
via the existing private right -of -way proposed at Orange County Class B standards
(and has access from Brookhollow Road -SR 1324), while the 1.796 acre tract will
have direct access onto US Highway 70 West. The remaining 1.52 acres will be
combined with existing parcels.
Development Process. Schedule, and Action
Final Plat:'
1. The applicant submitted application for Minor Subdivision and Recombination
containing two lots and a combination of acreage with existing parcels on
April 13, 2000. Planning Staff reviewed the proposal on April 20, 2000 and determined
that the portion of this property along McGowan Creek is identified as a Resource
Protection Area in the Orange County Comprehensive Plan and also identified as part
of a potential Rustic Woodland Trail in the Joint Master Recreation and Parks Work
Group report._ _ -
2. At its April 20M review meeting, the Orange County Planning Department in conjunction with the
Orange County Environment Resource and Conservation Department repo mended edication
of all theL land within the-80r-ft. stream buffer for the trail. Thereafter, the recommendation was
reduced to the minimum amount specified in Section IV- B -7 -b-2 of the Orange County
Subdivision Regulations. That amount being 1/20 of an acre, constituting a 10 -foot wide trail
along the 218 -ft. width of the proposed new Lot 13. The recommendation being that the
dedication be located just inside the 100 -yr. floodplain.
3. Pursuant to Section IV- B -7 -b-1 of the Orange County Subdivision Regulations, the
Orange County Recreation and Parks Advisory Council (RPAC) also reviews and
makes recommendation to the Planning Board and Board of Commissioners on the
provision or dedication of recreation and /or open space. RPAQ reviewed the proposal
on June 14, 2000. Its recoa]mendatioa was to acce t Payment-in-Lieu. This property
i� 1^^. +nrl %A14hin +he r'hcclrc r'nmmi inity' Park arpq The required navment is $422.00.
4. RPAC forwarded its recommendation to the Planning Board for consideration. The Planning
Board, in turn, voted 4 -4 and forwarded no recommendation to the Board of County
Commissioners.
5. The proposed McGowan Creek pedestrian trail could be envisioned along both sides of the creek
from Richmond Road to the new County -owned McGowan Creek Preserve. Thus far, three other
subdivisions (Major Subdivisions), have apportioned or will apportion land along the creek for the
proposed walking trail. They are Richmond Hills, McGowan Creek, and Ashwick. McGowan
Creek and Ashwick are still in the preliminary stages of the review process, however, the
developers have agreed in principle to a land dedication. Efland- Cheeks Elementary School is
connected to the corridor and wildlife and botanical education could eventually be conducted.
Temporary access will be provided to these land dedications from other public properties such as
a public road for maintenance and monitoring until other public access connections can be made.
6. Section IV -13-2 (see attached) also notes various options for Resource Protection Area (RPA)
preservation. In this case, option (c) is recommended by staff.
RECOMMENDATION: Original Planning Staff and ERCD Recommendation
Approval of subdivision with the following condition:
Dedicate the entire width of the floodplain, which is approximately 80' wide.
Planning Staff (Pre-Planning Board Recommendation)
Approval of the subdivision application with the following condition:
Dedicate a 10 -ft. wide contiguous parcel at the outside edge of the McGowan
Creek floodplain as indicated on the attached map.
Planning Board
Split vote: Ayes, 4; Noes,4 (McAdams, Barrows, Strayhorn, Goodwin)
Administration
The Administration recommends that the County receive the land dedication
as a wildlife and resource protection corridor with a provision that public
access within the corridor will not be considered unless and until the
dedicated property is connected with other publicly owned recreation /open
space property.
NOTE: THIS ACTION PRESERVES OPEN SPACE NOW. IT ALSO RESERVES
THE LAND DEDICATION FOR FUTURE LOW IMPACT RECREATION USE UNTIL
OTHER DEDICATIONS OCCUR IN THE AREA.
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Current Planning
(919) 245 -2575
(919) 6443002 (FAX)
www.co.orange.nc.us
306F Revere Road
P O Box 8181
Hillsborough,
North Carolina, 27278
4
rune Lu, luuu
Michael Efland
P.O. Box 36
Efland, NC 27243
Re: Wilson Efland Minor Subdivision Proposal
Cheeks Township — Tax Map 40, Lot 7 of Block A
Dear Mr. Efland:
The portion of this property along McGowan Creek is identified as a Resource Protection
Area in the Orange County Comprehensive Plan and also identified as part of a potential
Rustic Woodland Trail in the Joint Master Recreation and Parks Work Group report.
A proposed McGowan Creek pedestrian trail is envisioned along both sides of the creek
from Richmond Road to the new County -owned McGowan Creek Preserve. Thus far,
three other subdivisions have apportioned or will apportion land along the creek for the
proposed walking trail (Richmond Hills, McGowan Creek, and Ashwick).
McGowan Creek and Ashwick are still in the preliminary stages of the review process,
however, the developers have agreed in principle.
The Orange County Planning Department in conjunction with the Orange County
Economic Resource and Conservation Department previously recommended dedication
of all the land within the 80 -ft. stream buffer for the trail. After speaking with you, the
recommendation has been reduced to the minimum amount specified in
Section IV- B -7 -b-2 of the Orange County Subdivision Regulations. That amount being
1/20 of an acre for each newly created lot, constitutes a 10 -foot wide trail along the
218 -ft. width of the proposed new Lot 13.- It is recommended that the dedication be
located just inside the 100 -yr. floodplain.
The Orange County Recreation and Parks Advisory Council WAQ shall also review
and make recommendation to the. Planning Board and Board of Commissioners on the
provision or dedication of recreation and /or open space pursuant to Section IV- B -7 -b -1
of the Orange County Subdivision Regulations. RPAC reviewed the proposal on
June 14, 2000. Their recommendation is to accept payment -in -lieu. This property is
located within the Cheeks Community Park area. The required payment is $422.00 for
each newly created lot. Thus, the amount for this subdivision would be $422.00.
Section 1V- B -7 -b -6 of the Orange County Subdivision states, "Before approving a
payment- in-lieu of dedication, the Board of Commissioners shall find that no recreation
and/or open space sites have been designated on the adopted Comprehensive Plan for the
property in question. " Although, the Planning Board does not normally review Minor
Subdivisions, because the directive of the Subdivision Regulations require dedication
when property has been designated for recreation and/or open space, and this property
has been, the recommendations from both the Orange County Planning Department and
RPAC will be forwarded to the Planning Board for consideration on July 12, 2000 and
then to the Board of County Commissioners for review and approval in August 2000.
I have enclosed excerpts from the Orange County Subdivision Regulations pertaining to
the required dedication of land for public recreation/open space and the optional
payment -in -lieu. Should you have comments or questions, please feel free to contact me
at 245 -25$1.
Cordially,
� ,
Jane A. Garrett
. Planner
Enclosures
xc: Robert Davis, Current Planning Supervisor
Craig Benedict, Planning Director
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Subdivision Regulations
Orange County, NC
The following are excerpts from the Subdivision Regulations pertaining to the
required dedication of land for public recreation /open space and the optional
payment in lieu of dedication.
IV- B -7 -b. Recreation Sites [Page 36]
IV- B- 7 -b-1. Applicability [Page 36]
Every person, firm or corporation who subdivides land for residential
and /or non - residential, purposes shall be required to dedicate a portion of
such land for the purpose of public recreation /open space, including the
preservation of natural and cultural resources, to serve the liesure needs
.of the residents of the subdivision and the residents of the immediate
neighborhood within which the subdivision is located. In all cases, the
Recreation and Parks Advisory Council shall review and make
recommendation to the Planning Board and Board of Commissioners on
the provision or dedication of recreation and /or open space areas.
IV- B- 7 -b -2. Dimensional Requirements [Page 361
At least one fifty- seventh of an acre (1/57) shall be dedicated for each
dwelling unit planned or provided for in the subdivision plan, except
where land is located in the flood plain of a stream or river as indicated
by the flood plain maps of the Federal Insurance Administration and /or is
characterized by steep slopes (15% or greater), then at least one
twentieth (1/20) of an acre of such land shall be dedicated for each
dwelling unit .
If the application of the provisions of Article 5.5.1 (Required Minimum
Recreation Space Ratio) and Article 6.12 (Land Use Intensity System) of
the Orange County Zoning Ordinance results in a greater amount of land,
then the difference between the application of the standards above and
those of Article 5.1.1 and Article 6.12 shall be established as private
recreation for the use of the residents of the development
The total land area dedicated as part 'of a non- residential subdivision shall
be determined by an analysis of the site, the use(s)...
IV-B-7-b-3. Site Suitability [page 37],
Land provided or dedicated for active recreational purposes shall be of a
character, slope and location suitable for use as for play areas, tennis
courts, multipurpose courts, picnic areas, ball fields and other similar
recreation uses. Active recreation areas shall be located on land that is
relatively flat (0 to 7 -1/2% slopes), free of wetlands and /or flood mains_
12
N-B- 7-b'S• Pa meets in Lieu of Dedication [Rage 441
Any subdivider required to dedicate recreation area pursuant to this
Ordinance may, with the approval of the Board of commissioners, make a
payment in lieu of dedication or make a combination of land dedicated
and payment Before approving a payment in lieu of dedication, the
Board of Commissioners shall find that no recreation and /or open space
sites have been designated on the adopted Comprehensive plan for the
properly in question.
The payment in lieu of dedication shall be equal to $42-2 per lot for a
subdivision to be located in the service area of a community park as
shown on the map in Appendix E. The payment in lieu of dedication shall
be equal to $455 per lot for a subdivision to be located In the service area
of a district park as,, shown on the map in Appendix E.
Where .a combination of land dedication and payments in lieu are
approved, the subdivider shall be given a credit equivalent to $16,000 per
acre of land dedicated for recreation purposes. The credit amount shall
be determined by multiplying the number of acres to be dedicated by
$10,000 per acre. If the total payment in lieu as determined above is
larger than the credit amount, the subdivider shall pay the difference
between the two amounts. If the credit amount is larger than the total
payment in lieu as determined above, no additional payment in lieu is
required. However, the subdivider may not transfer the excess credit
from one subdivision to another.
Upon approval of the Board of Commissioners, payment In lieu of
dedication shall be made at the time of final subdivision plan approval or
within one (1) year of approval of the preliminary subdivision plan,
whichever occurs first All monies received by Orange County pursuant
to' these requirements shall be used only for the acquisition and
development of recreation, park and open space sites to serve the
residents of the development and the, residents of the immediate
neighborhood within which the development is located. The Board of .
Commissioners shall also have the authority to sell land dedicated
pursuant to these provisions with the proceeds of any such sale used
solely for the acquisition of other recreation, park or open space sites
within the immediate neighborhood within which the development Is
located.
}
-.w
*N -B•2.
*Amended
1/17/79
9/4/90
1/6/92
a� I I
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13
In reviewing subdivision proposals,. the Planning Board shall consider the
overall design of the proposal in light of the suitability of the land for
development to insure that the platting and development of the subdivision
will not.create a danger to the health, safety, and welfare of Orange County
residents.
Land suitability shall be determined by an investigation of conditions
including but not limited to flood prone areas, soil ' drainage, drainage
Patterns, slope, historic sites, and unique natural areas. The investigations
shall be carried out by the Planning Board, the Planning Department, or
Other agencies or individuals having the appropriate technical expertise,
including those listed in Section III- D -2 -b.
4
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14
*IV -H -2 -d. Resource Protection
*Amended
9/4/90 The proposal shall be evaluated by the Planning Hoard for
Potential impairment of habitat of rare and endangered
species or unique natural areas. A strategy shall be
developed to protect resources listed by the. North
Carolina Heritage Program, or identified in "An Inventory
of Sites of Cultural, Historic, Recreational, Biological,
and Geological Significance in the Unincorporated
Portions of Orange County" or "Inventory of the Natural
Areas and Wildlife Habitats of Orange County, North
Carolina ".
The strategy shall provide protection of identified
natural and man -made resources from-impacts which could
result from development of the subdivision, and-shall
include one or more of the following:
a) dedication of conservation easements,
b) restrictive 'covenants prohibiting clearing or
disturbance-of the resource areas,
C) dedication of resource areas to Orange County,
d) clustering of lots to minimize land disturbance and
preserve the special features of the property,
e) other restrictions or development options which
provide an .adequate level of protection.
The Planning Staff shall review available documentation
Of the particular site and determine if the proposed
strategy adequately protects the identified resources.
Maps, studies, and reports which are relevant to this
section will be maintained by the Planning Department.
15
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3
MIlVUTES
4
ORANGE COUNTY PLANNING BOARD
5
JULY 12, 2000
6
7
8
MEMBERS PRESENT:
Leo Allison (Chair), Rachel Preston, Bob Strayhora, Crauford Goodwin,
9
10
Karen Barrows, Howard McAdams, Nicole Gooding-Ray, B 'Y Katz
11
MEMBERS ABSENT:
James Selkirk (out of town), Runyon Woods (sick), Lynne Holtkamp,
12
Onie Lea
13
14
STAFF PRESENT:
Planning Director Craig Benedict, Robert Davis, Eddie Kirk, Jane
15
Garrett, Carla Bateman, Joanna Bradshaw
16
17
AGENDA ITEM #1:
CALL TO ORDER AND ROLL CALL
18
19
Chair Allison called the meeting to order.
20
AGENDA ITEM #2:
CONSIDERATION OF ADDITIONS TO AGENDA
21
None
22
23
AGENDA ITEM #3:
APPROVAL OF M] UTES - June 21, 2000
24
25
26
MOTION;
Strayhorn moved approval of the June 21, 2000 minutes of the Orange
27
County Planning Board Seconded by Barrows.
28
VOTE:
Unanimous
29
30
AGENDA ITEM #4:
COMMISSIONERS' MEETINGS ACTION REPORTS
31
None'
32
33
AGENDA ITEM 95:
PUBLIC CHARGE
34
35
The Chair dispensed with the reading of the public charge.
36
AGENDA ITEM #6:
CHAIR COMMENTS
37
38
39
Chair Allison said that he attended the last Commissioners meeting on June 29* and said that it was a
very good meeting. It was suggested by Commissioner Jacobs and reiterated by some of the other
40
Commissioners that as many Planning Board members as possible should attend the Board of County
41
Commissioners meetings.
42
43
AGENDA ITEM #7:
CON NTME/ADVLSORY BOARD REPORTS
44
45
a. Board of Adjustment- no meeting
46
b. Agricultural Districts Advisory Board - no report
47
C. Historic.Preservation Commission - no report (see David
48
Stencil)
49
d. Ordinance Review Committee - no meeting
50
e. Shaping Orange'County's Future - discussed at earlier PB
51
meeting
52
AGENDA ITEM #8:
SUBDIVISIONS
53
`„
a., Minor Subdivision - Wilson Efland
16
(1) Decision on Parkland vs. Payment -in -Lieu
(Cheeks Township)
4 Garrett made this presentation. The applicant desires to have payment -in -lieu rather than parkland
5 dedication. The staff s recommendation is to require dedication of the 10 -foot wide strip.
6
PURPOSE: The Planning Department requests the Planning Board to review condition required by
by the Orange County Subdivision Regulations regarding Parkland Dedication for
Minor Subdivision application.
BACKGROUND:
Request: The Planning Department requests Planning Board ruling on Planning Staff condition of
approval. The applicant seeks acceptance of Payment-in-Lieu versus Parkland
Dedication for the Minor Subdivision application for the Wilson Efland Subdivision. The
proposed subdivision plat does not include Parkland Dedication.
Location: The property is located on the north side of US Highway 70 West; Cheeks Township.
Existing and Proposed Cond%tions
Existing: One tract consisting of 8.73 acres, which fronts on US Highway 70 West with a portion
also having access to an existing private right-of-way.
Proposed: Two lots (5.41 acres and 1.796.acres); the 5.41 acre tract will have access provided
via the existing private right -of -way proposed at Orange County Class B standards
(and has access from Brookhollow Road -SR 1324), while the 1.796 acre tract will
have direct access onto US Highway 70 West. The remaining 1.52 acres will be
combined with existing parcels.
Development Process Schedule and Action
Final Plat: The applicant submitted application for Minor Subdivision and Recombination
containing two lots and a combination of acreage with existing parcels on
April 13, 2000. Planning Staff reviewed the proposal on April 20, 2000 and determined
that the portion of this property along McGowan Creek is identified as a Resource
Protection Area in the Orange County Comprehensive Plan and also identified as part
of a potential Rustic Woodland Trail in the Joint Master Recreation and Parks Work
Group report
At its April 20'h review meeting, the Orange County Planning Department in
conjunction with the Orange County Economic Development, Resource and
Conservation Department recommended dedication of all the land within the 80 -ft.
stream buffer for the trail. After speaking with the applicant, the recommendation was
reduced to the minimum amount specified in Section IV- B -7 -b-2 of the Orange County
Subdivision Regulations. That amount being 1/20 of an acre for each newly created
lot, constituting a 10 -foot wide trail along the 218 -ft. width of the proposed new Lot 13.
The recommendation being that the dedication be located just inside the 100 -yr.
floodplain.
Pursuant to Section IV- B -7 -b-1 of the Orange County Subdivision Regulations, the
Orange County Recreation ,and Parks Advisory Council (RPAC) shall also review and
make recommendation to the Planning Board and Board of Commissioners on the
provision or dedication of recreation and/or open space. RPAC reviewed the proposal
on.June 14, 2000. Their recommendation is to accept Payment -in -Lieu. This property
is located within the Cheeks Community Park area. The required payment is $422.00
for each newly created lot. Thus, the amount for this subdivision would be $422.00.
17
Section IV- B -7 -b -6 of the Orange County Subdivision Regulations states, "Before
approving a payment -in -lieu of dedication, the Board of Commissioners shall find that
no recreation and/or open space sites have been designated on the adopted
Comprehensive Plan for the property in question. " This property has been designated
as such within the Comprehensive Plan. Because the directive of the Subdivision
Regulations requires dedication when it is designated as same, the recommendations
of both the Planning Department and RPAC must be forwarded to the Planning Board
for consideration. The Planning Board, in turn; must make a recommendation to the
Board of County Commissioners.
The proposed McGowan Creek pedestrian trail is envisioned along both sides of the
creek from Richmond Road to the new County -owned McGowan Creek Preserve.
Thus far, three other subdivisions (Major Subdivisions), have apportioned or will
apportion land along the creek for the proposed walking trail. They are Richmond Hills,
McGowan Creek, and Ashwick. McGowan Creek and Ashwick are still in the
preliminary stages of the review process, however, the developers have agreed in
principle.
RECOMMENDATION; Staff Recommendation
Approval of the subdivision application with Parkland Dedication, being a 10-ft. wide trail along the 21 84
width of the proposed new Lot 13.
1 Gooding -Ray asked for an explanation of the payment -in -lieu versus parkland dedication.
2
3 Benedict said that the Commissioners asked that all areas noted on the Land Use Plan map within the
4 County that shows resource conservation areas be known to everyone who does subdivisions. For any
5 subdivided parcel in the Resource Conservation Area noted on the Land Use Plan, dedication is the
6 appropriate method to satisfy the parks and Recreation impact. The County has also recently approved
7 the Lands Legacy Program, which addresses the big picture.
8
9 Strayhorn made reference to the 10 -foot easement and said that he was concerned. He said that it
10 sounded like it gave the applicant some problems. He said that the County would not be getting any
11 benefit from the dedication.
12
13 Mike Efland, the owner of this piece of property, said that he was desperately affected by this
14 recommendation. He said that he might be building on this property in the future and he did not want the
15 public around his house, He said that he would not be giving the 10 -foot easement for dedication. He
16 does not even agree with paying the $422.00. He is going to find a way to beat this. -He said that this was
17 a subdividing of a piece of property within his family and it was not a subdivision.
18
19 Barrows was confused about Strayhorn's concerns.
20 .
21 Strayhorn said that the 10 -foot easement was a taking of rights without any compensation.
22
23 Mike Efland said that the Planning Department gave him the option to pay the $422.00 or to give the
24 piece of property. Davis responded that the ordinance does not give the staff a choice. He said that
25 ERCD recommended for the dedication of the 10 -foot easement and the Recreation and Parks Advisory
26 Council recommended the payment -in -lieu. This is why it is coming to the Planning Board for a
27 recommendation.
28
29 Strayhorn clarified that he was opposed to requiring landowners to give an easement to the general public.
30
18
1 Goodwin, agrees with Mr. Efland and said that the policy was misguided.
2
3 Barrows made reference to the map on page 19 of the agenda packet and said that she agrees with
4 Strayhorn in that if the County wants this piece of land to connect the trail, the cleanest thing would be to
5 take the easement and pay Mr. Efland for it.
6
7 Chair Allison verified that the Comprehensive Plan requires an easement along McGowan Creek.
8
9 Mike Efland said that he also owns other pieces of property that border the stream and he will not give
10 easements for them. He warned of the fight to come. He said that everyone who owned property along
11 McGowan Creek was related to him and was opposed to giving the easement.
12
13 Barrows said that Mr. Efland's point was valid. She is also sympathetic to the County's position if there
14 should be some interconnectivity for recreational purposes. She said that the kindest thing to recommend
15 would be to buy the property from Mr. Efland.
16
17 MOTION: Katz moved to accept the recommendation of the Planning Staff to
18 approve the Wilson Efland subdivision application with the following
19 conditions: 1) Dedicate a 10 -foot wide contiguous parcel at the outside
20 edge of the McGowan Creek floodplain as indicated on the map; and 2)
21 Compensation will be given to the property owner for the piece of land
22 that is cut off by this easement. Seconded by Barrows.
23
24 The Planning Board agreed that this was a privacy issue. The land cut off by the easement is useless
25 because it is in a floodplain. The property owner would still have rights to the property.
26
27 Benedict said that the compensation is what the impact fee would be. He said that at first the staff asked
28 the property owners to dedicate the area from the easement line all the way to the middle of the creek so
29' there would be no hiatus area. This was cut down to the minimum of 10 feet He said that this would be
30 an emotional issue throughout the County.
31
32 Chair Allison said that paying for the land would not solve the problem. The privacy issue would still be
33 there.
34
M Goodwin said that it was more than privacy. There would be compacting of the soil and garbage; and
36 there would be serious infringement on the land.
37.
38 Katz said that no matter what is decided by the Planning Board, the outcome is still going to be the same -
39 the land will be taken for an easement by one means or another. Goodwin disagreed.
40
41 The motion was clarified as follows:
42 clarified as
43 MOTION: Katz moved approval of the Planning staffs recommendation to approve
44 the Wilson Efland subdivision application with the following condition:
45 Dedicate a 10 -foot wide contiguous parcel at the outside edge of the
46 McGowan Creek floodplain as indicated on the attached map. Seconded
47 by Barrows.
48
49 VOTE.. Ayes, 4; Noes, 4 (McAdams, Barrows, Strayhorn, Goodwin)
50 Due to the tie vote, this item will be forwarded to the Board of
51 Commissioners with the minutes and no recommendation.
52
53
NORTH CAROLINA RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS REQUIRING LAND DEDI-
CATION IN FULFILLMENT OF SECTION
ORANGE COUNTY IV -B -7 -b "RECREATION SITES"
WHEREAS, the Subdivision Regulations of Orange County
require dedications for all subdivisions for the purpose of
recreation /open space, including the preservation of natural and
cultural resources; and
WHEREAS, the Wilson Efland Subdivision is subject to the
recreation /open space dedication regulations; and
WHEREAS, the Wilson Efland Subdivision property has `
floodplain lands within the McGowen Creek corridor that are
noted on the adopted Land Use Map of the Comprehensive Plan of
Orange County as a Resource Protection Area; and
WHEREAS, Section IV -B -2 of the Orange County Subdivision
Regulations ( "Land Suitability" section) also supports the
preservation of this resource by land dedication because the
property is within an urbanizing designated transition area; and
WHEREAS, in fulfillment of the recreation site regulations
and the regulations requiring the preservation of natural
resources it is in the best interests of the citizens of Orange
County to require a land dedication of at least 1/20 of an acre
of the subdivision in the area located within the floodplain of
the subdivision as noted on the attached Exhibit 1.
1
19
20
NOW, THEREFORE, BE IT RESOLVED that:
1. the Board of County Commissioners requires a land
dedication (as shown in Exhibit 1) in fulfillment of Recreation/
Open Space requirements pursuant to Section IV -B -7 -b of the
Orange County Subdivision Regulations;
2. Orange County reserves the right to use the dedicated
land for its parks and recreation purposes for the residents of
the Wilson Efland Subdivision and for the residents living
within the Community and District Park Area Boundaries within
which the Subdivision is located, at such time as the dedicated
property is connected with other,recreation /open space;
3. the land dedication shall be implemented by a deed
from the property owner to Orange County of the dedicated
property located in a Resource Protection Area, limiting the use
of the dedicated property'to wildlife corridor, open space use
for the residents of the Wilson Efland Subdivision and for the
residents living within the Community and District Park Area
Boundaries within which the Subdivision is located, reserving it
for future use as a low impact recreation use for the residents
of the Wilson Efland Subdivision and for the residents living
within the Community and District Park Area Boundaries within
which the Subdivision is located and reserving to the grantor a
2
non - exclusive ingress, egress walking easement anywhere within
the dedicated property for the benefit of the 5.41 acre lot;
4. this resolution becomes effective upon its passage.
Upon motion of Commissioner , seconded by
Commissioner the foregoing resolution was adopted
this the day of , 2000.
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
, 2000 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 and the seal of said County, this day
of , 2000.
Clerk to the Board of Commissioners
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