Conservation Subdivision News

Conservation Subdivision regulations adopted with 1:5 density bonus option!

The public input period lasted about an hour and a half, and was fairly evenly divided between those in favor of the proposed regulations (and a low AR density) and those who wanted to see no change to the regulations and/or a high AR density. The former group included AR land owners, representatives of conservation-oriented organizations such as the Community Tree Council, Oconee Rivers Greenway Commission, and Athens Grow Green Coalition; the latter included AR land owners and developers.

Commission discussion was brief. Commissioner Tom Chasteen spoke first and moved for adoption of the proposal with Option A; Commissioner States McCarter seconded the motion. Commissioner Carter immediately made a substitute motion in favor of Option B (the 1 unit per 2.5 acre density bonus option for Conservation Subdivisions in the AR zone) which was seconded by Commissioner Cardee Kilpatrick. This substitute motion was defeated 8 - 2, with only Commissioners Carter and Kilpatrick voting in favor. Commissioner John Barrow then moved to adopt a Commission-defined option which would have eliminated the right to build "large lot" 1 unit per 10 acre conventional subdivisions in the AR and set the density for Conservation Subdivisions at 1 unit per 5 acres. This motion was seconded by Commissioner Carl Jordan, but was defeated 7 - 3, with Commissioners Barrow, Jordan and David Lynn voting in favor. The original motion then passed 9 - 1, with Commissioner Charles Carter casting the lone dissenting vote.

This is a victory for everyone who believes in the values expressed in our Guiding Principles and our Comprehensive Land Use Plan; thank you to everyone who took the time to contact your commissioners on this issue. Please take another moment to contact them again and thank them for their vote!

Background:

• Regulations approved by the ACC Commission, with Density Bonus Option A, on 10/08/03.
• Grow Green's analysis and comparison of the draft (as passed) with the Dec. 2000 regulations.

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  Some of the main points of the proposal:

AR Zone densities. The latest draft sets the density for the AR zone as 1 unit per 10 acres. It provides two options for a density bonus if a Conservation Subdivision is used. Option A offers a 100% increase in density, resulting in a density of 1 unit per 5 acres. Option B offers a 200% density bonus, resulting in a density of 1 unit per 2.5 acres.

New method for calculating number of lots prevents additional density bonus for unbuildable land. Developers will be required to subtract unbuildable areas, such as flood plains, steep slopes, riparian buffers, etc. from the acreage upon which they base their lot yield. This corrects a major flaw of the current ordinance.

Permanent Protection is required through Conservation Easements. Restrictive covenants are no longer listed as methods of ensuring permanent protection.

Neighboring landowners must be notified and invited to a site conference with the developers before plans are drawn.

Design guidelines are improved. Randall Arendt's four-step design process is required Developers must first prepare a detailed site analysis map and designate Primary and Secondary Conservation areas; then locate houses, streets, and lot lines. More Open Space design guidelines are mandated, including a requirement for open space connectivity, buffers, and lists of allowed and prohibited activities for the Open Space. Planning Commissioner Weinberg has requested changes in the order in which the steps occur; Grow Green supports the original version described by Randall Arendt.

Construction envelopes of 30 feet around all structures are required. This should prevent the total site clearing and grading that seems to be the norm here. While we would ideally prefer that such a requirement apply to all development, it should certainly be mandated for those whose explicit purposes include conservation of natural resources.

Better protections for trees are included, thanks to the input of Community Forester Connie Head and the Community Tree Council. "Heritage Trees" and stands of trees of at least a half acre must be noted on the site analysis, and street trees must be native species.