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DRAFT 2 - SUBCOMMITTEE REVISIONS FOLLOWING OCTOBER 19 MEETING AND NOVEMBER 2, 1995 COMMENTS FROM COUNTY ATTORNEY REPORT OF THE STONEY CREEK BASIN SMALL AREA PLAN PROPERTY VALUE /RIGHTS SUBCOMMITTEE Several areas of concern related to property rights, property values, and flexibility of development were identified and referred to a subcommittee by the Stoney Creek Basin Small Area Plan Group. We've discussed these topics and make the following observations. Property Rights and Property Values Private landowners have the right to develop their property as understood under the U.S. Constitution and within the limits of community or public standards described by current zoning and other ordinances. In addition to rights, a landowner has responsibilities. There must be a balance between what a landowner can do and what the larger community can expect. Zoning, public health, and other rules regulating development help express this balance and encourage responsible stewardship of the land. The property's financial value is determined on the open market, when a buyer and a seller voluntarily agree on a sale price. Value is influenced by many factors, including supply and demand, zoning, development possibilities, natural features, neighborhood character and community quality -of -life. Perceived versus Actual Rights Zoning and public health rules define the maximum number of housing units that can be built per acre. The R -1 zoning in most of the Stoney Creek Basin region limits density to one housing unit per 40,000 square feet (about one acre) if the land supports a septic tank, drainage system, and well. Because so much of the region has soil that can't support septic drainage systems, the actual density achievable under current law is usually less than one unit per one acre. Landowners may perceive that they have a "right" to build one unit per one acre, but, because of soil conditions, the reality is that current ordinances and health regulations generally give them a right to build fewer units. If much land is in the flood plain or steep slopes or other restricted areas, the density by right could be even lower. A "yield plan" shows how many units a particular piece of land actually will support under current regulations. Property rights include protection from an arbitrary decrease of density (downzoning); but they do not include the automatic right to any particular density and the right to a greater density than permitted by current regulations through the use of government enhancements, such as rezoning or new water and sewer service. Generally speaking, changes of density, up or down, absent arbitrariness, are policy decisions, not rights.