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Meeting 041896
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Meeting 041896
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2. Prohibition on Further Subdivision of Lots - We talked at length on April 4 <br />about the issue of expedited review and a basic premise being no further <br />subdivision of lots created under such a system. Previously, Emily Cameron and I <br />have stated that our current regulations do not prohibit further subdivision of a lot <br />as long as the requirements of the County's zoning ordinance and subdivision <br />regulations as well as those of Environmental Health are met. I was asked to <br />explore this question further and have the following to relay from Planning <br />Director, Marvin Collins. Deed restrictions (like restrictive covenants) expire and <br />have to be renewed - 30 years being the outside limit the County will recognize. <br />The only permanent approach available is a permanent conservation easement <br />dedicated to Orange County, another unit of local government, the State of North <br />Carolina, a private non - profit land conservancy or a homeowners association. As <br />you may recall this is a basic feature of Flexible Development which states that <br />"Estate /Conservation/Cluster lots shall be restricted against further subdivision <br />through deed restrictions and /or permanent conservation easements." <br />3. Basis for Flexible Development Density BonusIODen Space Preservation - <br />Mr. Collins told me he had discussed this issue at length with County Attorney, <br />Geoffrey Gledhill and pointed out three areas in particular as the basis for density <br />bonus /open space provisions in the Flexible Development proposal. <br />Density Increase Permitted for Affordable Housing (page 6 -51 Orange <br />County Zoning Ordinance): An increase in density may be permitted for <br />developments which provide on -site or off -site housing opportunities for low or <br />moderate - income households. There are many different provisions listed, but the <br />one most directly applicable here states: "A 25% density bonus for single- family <br />residential development may be approved if land with suitable soils or access to <br />public water and sewer is donated to Orange County for the purpose of the <br />development of affordable housing. The donated land shall contain at a minimum <br />the land area needed to develop the greater of two (2) units or the total number of <br />the bonus units, in accordance with the zoning requirements of the district in <br />which the donated land is located, or with minimum lot size of 40,000 square feet <br />in unzoned areas;" <br />Modifications of the Impervious Surface Ratio (page 6 -34 Orange County <br />Zoning Ordinance): In a protected watershed, a landowner can be allotted more <br />impervious surface on his lot through the approval and recordation of a <br />conservation agreement that prohibits development of adjacent land in perpetuity. <br />
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