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M Commissioner Bird stated that the density transfer is not really inconsistent at all with the way we would normally handle a piece of raw land that was being subdivided. Attorney Brandenburg explained that many of these individuals are not ready to submit a site plan at the present time. If the transfer of density is made now, they still want whatever zoning is in existence at the time they are ready to submit a site plan: He asked if the Commission would want to set a time cap saying that if they donate the right of way within the last two years preceding submittal of their site plan, they would receive the credit. Commissioner Wodtke felt that maybe we don't want all that land developed within the next two years. If they want a road through there and are willing to donate the road right-of-way, then he would prefer that rather than spending a substantial amount of County money. He would have a problem in setting the two-year cap. Chairman Scurlock felt this was an opportunity for the developer to come in.and cooperate up front to avoid a lot of problems later, i.e., lack of water and sewer service, oversizing; turning lanes, impaot fees being returned to the developer. These problems could be addressed beforehand. Commissioner Lyons inquired if this amounts to contracted zoning if we guarantee the number of units and Attorney Brandenburg explained that we could not actually guarantee the units. The only way it could be done is to say that in the event they submit a site plan, they would receive density based on a calculation using the gross acreage figure, including the right-of-way that was previously donated at whatever the zoning and land use plan designation were at the time they submit their site plan. Commissioner Bird asked if it was agreed then that the density transfer would be left open and there is not going 39 Pcoy 55' ►kcf.. 2 JAN 41994 II