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• <br /> 1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> Action Agenda <br /> Item No. X_C_, <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: March 214 1990 <br /> S..B.:ECT: Proposed Enabling Legislation: (1) Affordable Housing and (2) <br /> Farm Preservation and Watershed Protection <br /> DEPARTMENT: County Attorney PUBLIC HEARING YES : NO: x <br /> ATTACHMENT(S): (1) Henry Hill INFORMATION CONTACT: Geoffrey Gledhill, <br /> article on Affordable Housing and County Attorney <br /> (2) Part 4, Article 19, Chapter TELEPHONE NUMBER- 732-2196 <br /> 160A, Acquisition of Open Space Hillsborough - 732-8181 <br /> Chapel Hi11 - 968-4501 <br /> Mebane - 227-2031 <br /> Durham - 688-7331 <br /> PURPOSE: To consider requesting legislation clarifying the <br /> County's ability to grant housing density bonuses and to clarify <br /> the County's ability to purchase development rights for purposes <br /> of farm preservation and watershed protection. <br /> BACKGROUND: . Affordable Housing: -It has recently been proposed <br /> that Orange County, in its Zoning Ordinance, provide for voluntary <br /> density bonuses. This is proposed to be done by special use <br /> zoning. <br /> Generally all zoning regulations must be uniform for each <br /> class or kind of building throughout each zoning district. <br /> Legislation is probably unnecessary for bonus densities in special <br /> use districts because the Legislature has authorized nonuniformity <br /> in such districts when they are created pursuant to an application <br /> by the owners of all of the property to be included in the special <br /> use district. <br /> It is the recommendation of the Administration that Orange <br /> County receive legislative authority for density bonuses and other <br /> incentives for - developers of housing for persons of low and <br /> moderate income .so •that incentives can be provided as a matter of <br /> right upon the satisfaction of conditions stated in the Ordinance, <br /> all of which could be determined administratively. ' <br /> Farm Preservation and Watershed Protections Part 4 of •Article 19 <br /> of Chapter 160A-..of 'the North Carolina General Statutes• authorizes <br /> a county to acquire by gift, purchase or . otherwise land and <br /> interests in land to' achieve the stated intention of the General <br /> Assembly to preserve open-spaces and areas for public use and <br /> enjoyment. Open spaces,- open areas, open space land and open space <br /> uses are broadly defined. However, they do not expressly include <br /> land reserved or preserved for farm use or watershed protection. <br /> The Administration recommend . that- Orange County receive express <br /> legislative authority for. public fund acquisitions .for these <br /> purposes by requesting that land acquired or reserved for• farm use <br /> and watershed protection be included within the definition of open <br /> _ c <br /> Areas. The onl water <br /> protection <br /> program <br />