AGGC remarks regarding timeline for revision of regulations and extension of moratorium on Conservation Subdivisions
March 4, 2003

There are several fundamental problems with our current Conservation Subdivision regulations. First, open space is not permanently protected. The open space in a conservation subdivision should be protected permanently by a conservation easement or equivalent legal mechanism. Right now, there is no guarantee to residents or the community that the open space won't be developed in the future. This isn't a conservation subdivision, it's just a half-developed property.

Second, density can be transferred from unbuildable areas to buildable areas, significantly increasing the parcel's net density. The ACC code is extraordinarily generous to developers in this regard, and the problem is not limited to conservation subdivisions. Unbuildable areas should be removed from the density calculations.

Third, Conservation Subdivisions are only allowed in the AR zone (formerly known as the greenbelt) but not permitted in residential zones. Much of the opposition to these developments has arisen because they're simply in the wrong places. The greenbelt should be zoned at a very low density - the Land Use Plan calls for one unit per ten acres - with compensation provided to landowners via a TDR program.

The first two problems and many minor issues can be addressed in the short term. But the third problem will require significant changes to the zoning code. Let's correct what we can now, and commit to fixing the remaining problems as we address the larger issues of TDRs and overall patterns of development. Let's fix the zoning code to make it consistent with the land use plan-like it should have been all along.