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Growth Management Report 10. 9.

BCC Regular Meeting

Public Hearing

Meeting Date:	10/05/2017
Issue: 5:50 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending LDC Chapters 2 and 6 Regarding Rezoning Conditions
From:	Horace Jones
Department:	Development Services

RECOMMENDATION:

5:50 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending Chapters 2 and 6 Regarding Rezoning Conditions

That the Board of County Commissioners (BCC) review and adopt an Ordinance amending the Land Development Code (LDC), Chapter 2, Development and Compliance Review, Article 7, LDC and Comprehensive Plan Amendment, to modify approval conditions for zoning map amendment (rezoning application) and Chapter 6, Definitions, Section "S", to define "Spot Zoning".

BACKGROUND:

Rezoning case findings necessary to support a rezoning request are often preceded by some testimony that addresses conditions not valid for consideration. In particular, although the LDC does not use the term "spot zoning," the condition continues to be a topic of discussion during rezoning hearings. To establish a more effective set of rezoning conditions and a common understanding of spot zoning, amendments to the LDC are necessary.

BUDGETARY IMPACT:

No budgetary impact is anticipated by the adoption of this Ordinance.

LEGAL CONSIDERATIONS/SIGN-OFF:

The attached Ordinance has been reviewed and approved for legal sufficiency by Meredith Crawford, Assistant County Attorney. Any recommendations or legal sufficiency comments made in that review are also attached herein.

PERSONNEL:

No additional personnel are required for implementation of this Ordinance.

POLICY/REQUIREMENT FOR BOARD ACTION:

Amendment of the LDC requires public hearing review and recommendation by the Board prior to action by the BCC. The proposed Ordinance is consistent with the Board’s goal “to increase citizen involvement in, access to, and approval of, County government activities.”

IMPLEMENTATION/COORDINATION:

This Ordinance, amending the LDC, will be filed with the Department of State following adoption by the BCC.

Implementation of this Ordinance will consist of an amendment to the LDC and distribution of a copy of the adopted Ordinance to interested citizens and staff.

The proposed Ordinance was prepared by the Development Services Department, in cooperation with the County Attorney’s Office and all interested citizens. The Development Services Department will ensure proper advertisement.

Attachments
Draft Ordinance
Clean Ordinance