NSN ORD-1996-010 Subdivision Regulations Text Amendments - Flexible Development-Open Space Proposal

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1 transition area or utility service area. He indicated that page 37 of this proposal states that "Systems are 2 permitted only in accordance with applicable water and sewer, and land use policies...." 3 4 There was a question concerning whether the groundwater study initiated by the Water Resources 5 Committee would give information about adequate groundwater capacity. Commissioner Gordon stated that 6 the study being conducted by USGS is somewhat generalized and will not give data about specific sites. 7 8 Commissioner Crowther thanked Marvin Collins for working on the neighborhood public meetings. 9 He felt that the wording was appropriate. He asked if the County had received any conservation easements. 10 Marvin indicated that the County had not received a conservation easement but it is being worked on now. 11 Commissioner Crowther asked how the median income is established for affordable housing. Marvin Collins 12 indicated that HUD establishes that figure based on local figures which are updated annually. 13 14 Chair Carey asked why a provision was being added to count land already dedicated under 15 conservation easement as open space. Marvin Collins stated that it is counted as open space only if it 16 remains in the ownership of the person developing the property. If it is subdivided it could not be counted. 17 The assumption is that if a piece of property has something significant enough on it to lead to the approval of 18 the conservation easement, then the owner should continue to be given credit for it. The further assumption 19 is that this is fair because they have already limited the amount of development that can occur on that 20 property. 21 22 Chair Carey supported the idea that developers who create affordable housing projects could 23 submit only one plan. He asked if the provision under discussion could enforce that. 24 25 Geof Gledhill referred to page 45 of the proposal. He mentioned that the second bullet"In lieu of a 26 three-part Concept Plan, one Concept Plan may be submitted if' is being recommended for deletion. This is 27 because of the staff's recommendation, following the Planning Board's vote, not to exempt affordable 28 housing projects from the requirement to submit a Flexible Development Option. Geof Gledhill suggested not 29 including an exception to the requirement to submit a Flexible Development Option until after the Ordinance 30 is revised to require review of those projects after the plat is required. He then referred to pages 42 and 43 31 where affordable housing was also discussed. He recommended that Page 42, G.2, 1 st paragraph be 32 changed to read "A density increase is permitted, pursuant to Section 6.28 of the Zoning Ordinance". He 33 suggested that developers interested in affordable housing be required to go to the Zoning Regulations which 34 will explain how affordable housing can be accomplished with density bonuses. At the time the Zoning 35 Regulations were adopted not all of Orange County was zoned. That might have explained the necessity of 36 having affordable housing provisions in the Subdivision Regulations. The County is now entirely zoned and 37 the Zoning Ordinances applies throughout the County. He also commented that there may be questions 38 about whether the provisions do what the Board of Commissioners want. Further consideration of them in 39 the future could be accomplished. However, his current recommendation is to leave out the reference to 40 affordable housing. Page 43, G.3 should be changed to read "Location of open space bonus units only: 41 Density increases as permitted above to encourage additional open space are limited to flexible development 42 proposed in the following locations......" 43 44 Commissioner Gordon questioned whether the Board of Commissioners wanted to follow Mr. 45 Gledhill's recommendation. 46 47 A motion was made by Commissioner Crowther, seconded by Commissioner Gordon, to 48 adopt the County Attorney's recommendation to change the language as stated above. 49 VOTE: UNANIMOUS 50 51 Commissioner Willhoit mentioned his desire for a mechanism which would require that housing 52 which is approved as "affordable housing"stay affordable. He referred this to the staff and Planning Board 53 for recommendation to this Board. 54