Agenda - 11-05-2015 - 5-d - Zoning Atlas Amendment Conditional Zoning – Master Plan Development Conditional Zoning District (MPD-CZ) Harts Mill - Closure of PH and Action (No Additional Comments Accepted)

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10 are relayed in the UDO. He said if additional screenings are required the owner will have to abide by the UDO. He said this problem is not anticipated. Commissioner Price said as this is one big property and has no property lines, there is nowhere from which to measure the 10 feet between the two houses. Michael Harvey said although there are no property lines, there will be a defined ownership area. He said this will not meet the technical definition of a property line, per the UDO, but additional landscaping may be required to comply with code. Commissioner Price said she liked the project and would not want to see it stumble based on technicalities. Michael Harvey said the Applicant has methodically worked through the majority of concerns, as they have arisen. Commissioner Rich referred to page 15 where two small group homes, with three to five private suites, are mentioned. She asked if this scenario would fall under the ordinance of unrelated people living together or some other category. Michael Harvey said he believed it will fall in a category of a different situation. He added that in the review of this narrative, this arrangement has not been viewed as a potential problem. Commissioner Rich asked if it will open a can of worms down the road. Michael Harvey said not in his opinion, based on what he knows today. He added that the question can be raised with the Applicant, and answered more fully for the BOCC. He said the BOCC is approving a new zoning district with this project. He said this zoning district can specify individual components as to how the development operation of this project will go in perpetuity. Chair McKee said this project is effectively a condominium and asked if approval of this unique project would place it by default in the Orange County UDO. Michael Harvey said no. He said the Master Plan Development Conditional Zoning is handled on a case by case basis, where an applicant must submit a proposal to the BOCC. He said this project does not set a precedent unless an applicant wanted to go through the very same process as Hart's Mill. He added that this is a unique opportunity to approve a project that accomplishes a lot of Orange County's goals with respect to the environment and affordable housing. He said this type of project is only possible in the urbanizing areas of the County. Chair McKee asked if a developer should come forward with this model, would they have to go through the same process as this one. Michael Harvey said that is correct. Lydia Wegman asked for an explanation as to why this project would be a Class B Special Use Permit.