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  Growth Management Report     13. 2.    
BCC Regular Meeting Public Hearing  
Meeting Date: 06/21/2018  
Issue:    5:47 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending LDC Chapter 3, Regarding HC/LI Uses
From: Horace Jones
Department: Development Services  

RECOMMENDATION:
5:47 p.m. - A Public Hearing Concerning the Review of an Ordinance Amending LDC Chapter 3, Regarding HC/LI Uses

That the Board of County Commissioners (BCC) review and adopt an Ordinance amending the Land Development Code (LDC), Chapter 3, the HC/LI mainland zoning district, to modify district limits on new residential uses outside of the Industrial FLU, reduce single-family dwelling structure setbacks, and allow microbreweries and like facilities regardless of prior zoning.

This hearing serves as the second of two public hearings.
BACKGROUND:
To maintain its intent, the Industrial FLU appropriately prohibits all new residential development.  Similarly, the Commercial FLU only permits residential development if secondary to a primary commercial development.  However, for any HC/LI zoning outside of the Industrial FLU, all new residential uses currently must be part of a predominantly commercial development, even within a FLU intended for a mix of residential and non-residential uses (i.e., MU-U).  Reducing the HC/LI residential limit to only the Commercial FLU will eliminate an unnecessary constraint on new residential use of parcels that are already within HC/LI. 

Additionally, as part of current HC/LI provisions, a larger minimum commercial-oriented side structure setback is not necessary for single-family dwellings within the district.  In a separate HC/LI provision unrelated to residential uses, the prohibition of microbreweries, microdistillaries, and microwineries where the former zoning was ID-CP or ID-1 was also unnecessary because both districts allowed such light industrial uses.
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 D. 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 staff and interested citizens.

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

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