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Commissioner Pelissier to identify opportunities and constraints within current regulations
associated with the clustering subdivision lots. This represents one component of a larger
discussion related to reducing development costs in an effort to promote affordable housing
development.
February 18, 2016
AGENDA ITEM: E-1
WORK SESSION:
Review of Minimum Lot Size and Density Allowances for Subdivisions
What is a Subdivision:
• All divisions of a parcel of land into two or more lots for immediate or future
sale/development,
• Includes division of land involving dedication/change in existing streets.
• Terms ‘subdivision’ (i.e. process of creating lots) and ‘development’ have become
synonymous. They do not necessarily mean the same thing (i.e. just because you are
subdividing does not mean you are engaged in development).
Subdivision Classification(s)
• Exempt (i.e. State law indicates not a regulated activity) includes:
– Recombination of previously subdivided property (number of lots are not
increased),
– Creation of parcels in excess of 10 acres in area,
o STAFF NOTE: there have been issues with property owners coming back to
subdivide these 10 acre parcels as they have to bring lots/roadways into
compliance with UDO.
– Public acquisition by purchase of strips of land for widening or opening streets,
– Division of a tract of land in single ownership where the property is no greater
than 2 acres in area into not more than 3 lots if no street right-of-way dedication
is involved and resultant lots are equal to or exceed County regulations (i.e.
minimum lot area and width, etc.).
Commissioner Dorosin asked if subdivision regulations apply, even when it is less than
three lots in the subdivision.
Michael Harvey said no, the property can be no greater than two acres for the last
exemption.
Michael Harvey resumed the presentation:
• Minor:
– Division proposing 1 to 5 individual parcels,
– Reviewed and acted upon by staff. No board review (i.e. BOCC or Planning
Board) required.
• Major:
– Division proposing 6 or more individual parcels,
– Typically Planning Board approves a concept plan/makes recommendation on
preliminary plat application. BOCC makes final decision,
– Required review process related to number of proposed lots.
Major Subdivision can be processed as Class A Special Use Permit or Conditional Use
Rezoning based on number of proposed lots and location in County (i.e. rural versus
urban areas).