Orange County NC Website
56 <br /> 1 Commissioner McKee said he does not understand why "age-restricted" would not be <br /> 2 considered discriminatory. <br /> 3 Scott Radway said beginning several decades ago, Congress allowed communities that <br /> 4 considered age/were age restricted. He said 55+ has a specific meaning from HUD and requires <br /> 5 that a minimum of 80% of dwelling units to be occupied by at least 1 person who is 55+. He said <br /> 6 the community may establish a minimum higher than 80%. He said the applicant intends to <br /> 7 establish this community as 55+ and follow all requirements that go along with that. He said <br /> 8 conditions can be used to get census-related information of the community members if that is <br /> 9 something the Board wants. <br /> 10 Commissioner Portie-Ascott asked if there is generally a bond requirement for the <br /> 11 developer. <br /> 12 Cy Stober said no, but there is a required performance guarantee which can be a bond, <br /> 13 and letters of credit or cash are also accepted. He said the county would require that all amenities <br /> 14 and dedicated areas be guaranteed in some form. With regard to water and wastewater, Cy <br /> 15 Stober said they are under the regulatory jurisdiction of the state, not the county. He said there is <br /> 16 a separate surety process for stormwater devices which is either 125% of the construction and <br /> 17 labor and materials of an unconstructed device up until an inspection is done and it is performing. <br /> 18 He said there is a 25% performance bond for one year after that. <br /> 19 Commissioner Portie-Ascott asked if that is performing on the project or the neighbor's <br /> 20 projects? She asked whose responsibility it would be if neighbors notice a change in their water <br /> 21 supply after residents begin to move in. <br /> 22 Cy Stober said he does not have an answer regarding the impact this development might <br /> 23 have on neighboring properties' drinking water. <br /> 24 Commissioner Carter asked if allowing the Master Plan Development-CD as an eligible <br /> 25 zoning district in the RNAN would be setting a precedent and how it would affect development in <br /> 26 those nodes. <br /> 27 Cy Stober said amendments to the Comprehensive Plan and LIDO would allow for Master <br /> 28 Plan Development districts countywide in Neighborhood Activity Nodes. He said as Tom Altieri <br /> 29 pointed out, they are already permitted in Community Activity Nodes, but none have been seen <br /> 30 to date. He said all Master Plan Development applications are subject to legislative review and <br /> 31 have to go through rezoning. He said, in short, it would mean this is permitted in activity nodes, <br /> 32 but anyone wanting this type of zoning in that node would be required to follow this same process. <br /> 33 Commissioner Carter asked the applicant to describe the benefits of the development to <br /> 34 the neighboring community. <br /> 35 Scott Radway said, in his view, the benefit is that 70% of the property will be preserved <br /> 36 forever in its forested state. He said that it is significantly different from a standard/different type <br /> 37 of subdivision which would divide it into smaller parcels. He reiterated that one entrance to the <br /> 38 community is an emergency entrance which would be a benefit for emergency responders. He <br /> 39 said the other entry road would be like any subdivision entry road as seen and approved by the <br /> 40 Board in other developments. He said there is a smaller opening in the forested area and the <br /> 41 community is % mile inside of the parcel from Morrow Mill Rd. and Gold Mine Loop. He said <br /> 42 additionally, this plan does not propose commercial development. <br /> 43 Commissioner Fowler asked if there is a decrease in the proposed number of wells with <br /> 44 the decrease in dwelling units. <br /> 45 Scott Radway said there will still be two due to state requirements on community wells. <br /> 46 Commissioner Fowler asked if the number of septic fields decreased. <br /> 47 Scott Radway said yes, one is now proposed. <br /> 48 Commissioner Fowler asked if there will still be sprinklers now that the multi-family <br /> 49 buildings are proposed to be two stories instead of three. <br />