INC NEWS - UDO Text Amendment TC07-04

[Melissa Rooney]

Couldn't agree with you more, Pat. A couple questions?

1) developers' payment for Open Space in lieu of
providing it:

Are there REAL, confirmed assurances that the payment
MUST be used to purchase OPEN SPACE, and that a future
development on this land won't use said 'open space'
to fulfill its own requirements (thereby killing two
birds with one stone)?

2) All open space requirements should be protected by
law from being built upon (or timbered). If they are
on private lots, then there should be such protection
outlined in the property's deed/contract. Can
council/BOCC do this?

Thanks for any and all input...
Melissa



--- "Mullen, Julia" <Julia.Mullen at durhamnc.gov> wrote:

> Hello INC,
> 
>  
> 
> I'd like to correct a mistake I made in my message
> of this morning
> regarding TC07-04, Open Space.  As you correctly
> noted, TC07-04 does in
> fact clarify individual vs. common ownership of
> primary and secondary
> conservation areas in conservation subdivision open
> space.  The primary
> intent of TC07-04 is to address the issue of
> requiring HOA's for common
> ownership of open space in all very small
> subdivisions, but it does also
> address this related issue.
> 
>  
> 
> My apologies and please feel free to contact me with
> any questions or
> comments.
> 
>  
> 
> Regards,
> 
>  
> 
> Julia Mullen
> 
> Planner
> 
> Durham City-County Planning
> 
> 560-4137 ext. 255
> 
> julia.mullen at durhamnc.gov    
> 
>  
> 
> ________________________________
> 
> From: inc-list-bounces at rtpnet.org
> [mailto:inc-list-bounces at rtpnet.org]
> On Behalf Of Pat Carstensen
> Sent: Wednesday, November 28, 2007 7:52 AM
> To: inc-list at durhaminc.org
> Subject: Re: INC NEWS - UDO Text Amendment TC07-04
> 
>  
> 
> The 2 things these amendments do are:
> 1) Let developers pay for open space somewhere else
> instead of reserving
> it in their development.  Open space may still be
> required by the
> approving authority where it determines that the
> provision of open space
> would better serve the needs of the future residents
> of the development
> than would payment in lieu.  
> 
> 2) Secondary Conservation Areas (the UDO has a list
> of natural and
> historical things that are "Primary" or really
> important and those that
> are "Secondary" or worth conserving but less
> important) can be platted
> into individual residential lots.    I can see that
> if these bits of
> property are scattered, it would make sense to
> include them in
> individual lots, ASSUMING we have a way to make sure
> they really get
> preserved and someone doesn't decide they need to
> put a bigger house up
> over the space 20 years from now.  I would also like
> to see the ability
> of the approving authority to decide that it makes
> better sense for
> common ownership for the Secondary Conservation
> Areas.
> 
> Regards, pat
> 
> > Date: Wed, 28 Nov 2007 01:46:24 -0500
> > From: randy at 27beverly.com
> > To: inc-list at durhaminc.org
> > CC: fhna-list at fhnanews.com
> > Subject: INC NEWS - UDO Text Amendment TC07-04
> > 
> > >From the Planning Department:
> > 
> > Proposed UDO Text Amendments
> > 
> > http://www.durhamnc.gov/businesses/ordinance.cfm
> > 
> > Please be advised of the upcoming proposed changes
> to the text of the
> > Durham Unified Development Ordinance (UDO):
> > 
> > Text Change TC07-04 proposes revisions to the
> following sections of
> the
> > Unified Development Ordinance: Section 7.2.2,
> Required Open Space,
> Section
> > 7.2.4, Open Space Calculation; Section 7.2.6,
> Ownership and Management
> of
> > Open Space; and Section 8.3.1, Tree Coverage
> Standards.
> > 
> > The City Council public hearing is tentatively
> scheduled for December
> 17,
> > 2007 at 7:00 p.m. in the City Council Chambers at
> 101 City Hall Plaza.
> 
> > Please contact the Planning Department for
> confirmation of the hearing
> > dates.  The proposed revisions, once finalized,
> may be viewed at the
> web
> > site listed above.
> > 
> > Staff contact:  Julia Mullen, 560-4137 x255;
> email,
> julia.mullen at durhamnc.gov
> > 
> >  
> > 
> > 
> > _______________________________________________
> > INC-list mailing list
> > INC-list at rtpnet.org
> > http://lists.deltaforce.net/mailman/listinfo/inc-list
> 
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