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35 <br /> prescription of development rights and allowable uses on the property, as approved by the <br /> governing board. <br /> Commissioner Carter noted that part of the property is in the riparian buffer and would <br /> not be developed, and is already conserved, in a way. She asked if some incremental land on <br /> the proposal would continue to be conserved under the 43 homes that are proposed as <br /> compared to what might be proposed under R-1 zoning. <br /> Cy Stober said yes, there's secondary open space that could be developed that's not <br /> being proposed for development in this plan. <br /> Commissioner Carter asked if that was approximately 10 acres. <br /> Cy Stober said yes. <br /> Commissioner Greene asked if up to 50 homes could be developed under R-1. <br /> Cy Stober said it is theoretically possible, but the primary open space would be located <br /> on individual lots. He said assuming landscape buffers and road requirements are complied <br /> with, that is a somewhat reasonable assumption. He said any property can build 20 lots by <br /> right. <br /> Commissioner Greene said after 20, it would be the Board that needed to make the <br /> decision rather than staff. She asked if that would still be R-1. <br /> Cy Stober said it would not be, it be a residential conditional district and the lot size <br /> would have to be presented as perhaps 40,000 square feet. <br /> Commissioner Greene clarified that 20 is the administrative cutoff. <br /> Cy Stober said yes. <br /> Vice-Chair Hamilton read the fifth RCD district specific development standard as listed <br /> on the Orange County website: "For lots outside of a watershed protection overlay district, the <br /> minimum usable lot area for lots that utilize ground absorption wastewater systems shall be <br /> 30,000 square feet for partially between 40,000 square feet and 1.99 acres, and zoning lots two <br /> acres and greater in size will have minimum usable lot areas of at least 40,000 square feet." <br /> She asked if this was a standard for this conditional district. <br /> Cy Stober said yes, but that it also conflicts with an allowance in the subdivision <br /> allowances for flexible subdivisions, which allows for lots to be reduced in this case by 60%, <br /> which would be 19,500 square feet. He said the county has a conflict in the ordinance that is <br /> irreconcilable. He said that both are allowed; that the county has a governing regulation and <br /> then an allowance that allows it as long as it's provided offsite and subject to environmental <br /> health permitting. He said it's an internal conflict in the ordinance that needs to be addressed. <br /> Commissioner McKee described how big a 20,000 square foot lot would be. <br /> Vice-Chair Hamilton said she would like to continue the item and review the information <br /> about the water analysis. <br /> Vice-Chair Hamilton made a motion to continue the item to a later date <br /> Motion died for lack of a second. <br /> Commissioner Portie-Ascott said she had concerns about making a decision and having <br /> enough time to consider all of the comments. She said she had learned a lot about the impact <br /> of the proposal after visiting the site. <br /> Commissioner Greene said she also visited the site. She said she was in favor of the <br /> development. She said she appreciated all of the information in the agenda package. She said <br /> she was satisfied with the water and sewer analysis and appreciated the trails. She said she <br /> was ready to move forward with making a decision. <br />