HomeMy WebLinkAboutC.054.93010_1278PUBLIC HEARING
Chairman Johnson declared the meeting to be in a public hearing.
Proposed Amendment to the iredell County Subdivision Ordinance;
Section 404.4 (Amount of Common Open Space to be Provided) .& Section I10
(Open Space Definition): Planning Supervisor Smith said several months ago, he was
asked to review the open space requirements in the subdivision ordinance. Smith said
the request had been made due to concerns that unmaintained, blighted, open areas in the
county might start occurring. He said another concern pertained to the minimum lot
threshold. Smith said the current ordinance stipulated that if 11 lots or more were
subdivided, open space, or fees -in -lieu of, had to be provided. He said open space
maintenance would typically occur through a homeowner association. Smith said the
planning board, after hearing recommendations from a subcommittee, approved the
following ordinance amendments in an 8-1 vote in November.
1. The open space requirement would not pertain to any subdivision with
30 or less lots and average lot sizes of more than i acre. (The previous ordinance
applied to all subdivisions with over 10 lots. This world apply to far fewer
developments and world take into consideration those subdivisions with relatively large
lots.)
2. The amount of required open space would be based on the number of
developable lots in the subdivision much like the requirement before the existing
regulations. (The previous ordinance required that 1530 of the overall site be
dedicated.)
3. Fees -in -lieu may be paid up to nine months after the recordation of the
final subdivision plat. The subdivider would have to either submit a performance bond
or an irrevocable letter of credit, both of which are spelled out in more detail in Section
309.2 of the Subdivision Ordinance. (The original ordinance required that an0 fees -in -
lieu would be collected prior to recordation of the final plat. This would allow for a
certain degree of cash flow to come into phry instead of requiring another up front cost
to the developer before the subdivision was even off the ground.)
4. The definition for open space was revised to allow for improved or
unimproved open space. (The definition in the original ordinance stated that open
space was in an unaltered state.)
Chairman Johnson said he understood $11,000 had been generated in fees during
the past year, and the money had not been obligated towards any projects.
Smith said this was correct.
Commissioner Williams asked if the land that was set aside had been developed.
Smith said most of the areas were in an "unimproved state" He said, however,
one site had some playground equipment. Smith estimated that 90% of the open space
was "unimproved."
Williams asked who paid the taxes on the lots.
Smith said it varied, but most of the land was still in the property developer's
name.
Michael Johnson, a resident of 323 Walnut Street, in Statesville, said he was in
the real estate business, and he desired to speak about open space and the homeowner
associations. Johnson said he was currently involved in four homeowner associations,
and that in North Carolina, these were basically nonprofit organizations regulated by the
North Carolina Homeowners Act, Mr. Johnson explained the costs involved with the