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       6. C.    
Planning Board-Regular   
Meeting Date: 05/02/2017  
Issue:    A Public Hearing Concerning the Review of an Ordinance Amending LDC Chapters 3 and 4 Regarding Clustering Dwelling Units
From: Horace Jones
Department: Development Services  

RECOMMENDATION:
A Public Hearing Concerning the Review of an Ordinance Amending LDC Chapters 3 and 4 Regarding Clustering Dwelling Units

That the Board review and recommend to the Board of County Commissioners (BCC) for adoption an Ordinance amending the Land Development Code (LDC), Chapters 3 and 4, to establish conditions for the clustering of dwelling units when avoiding significant protected resources.
BACKGROUND:
It is recognized that significant presence of wetlands, floodways, and other protected county resources within development parcels may reduce developable area and the resulting number of dwelling units possible under the site and building requirements of the applicable zoning.  Measured flexibility in these requirements can aid in the clustering of dwelling units to more fully develop available residential density outside of such resources.  Currently, the LDC identifies several conditions for clustering to avoid wetlands, but it does not identify those site and building requirements that may be varied and to what degree.  Amendment of the LDC is necessary to create functional dwelling unit clustering provisions and expand them to other valued resources.
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

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