BOARD OF COUNTY COMMISSIONERS
Agenda Item #20
Title
Amend Future Land Use Map CPA 16-08 Preservation to Rural Agriculture (Amended)
Amount
N/A
Description
Request transmittal of CPA 16 08, County initiated Comprehensive Plan Amendment for Future Land USe Map to redesignate privately owned property from Preservation to Rural Agriculture.
Recommendation
Approve for transmittal to the Department of Community Affairs CPA 16-08 to redesignate privately owned parcels from Preservation to Rural Agriculture.
Alternative(s)
Do not approve for transmittal of CPA 16 08 redesignating privately owned property incorrectly identified as Preservation.
Requested By
Robert L. Norton
Originating Department
Growth Management Department
Attachment(s) Description
Staff Report CPA 16 08; Presentation PPT
Documents Requiring Action
CPA 16 08 to redesignate privately owned property incorrectly identified as Preservation to Rural Agriculture.
Executive Summary
This is an amendment to the Future Land Use map to redesignate property incorrectly identified as Preservation because the parcels are privately owned to Rural Agriculture.
Background
Following Board of County Commissioners direction to staff in May 2005 to investigate inconsistencies in the mapping and the designation of Preservation on privately owned properties, the County Commission directed staff on September 19, 2006 to initiate Comprehensive Plan Amendments to correct the Future Land Use Map for those properties designated Preservation incorrectly because they are not owned by the public or non-profit entities; the Commission also directed staff to work with the property owners of these parcels described in CPA 16 08 "on an appropriate strategy for resource protection, such as C-1 zoning or other tools." Staff contacted and met with a representative owner of the property described in CPA 16 08 and discussed appropriate resource protection strategies including C-1 zoning and other tools, and the active approach to resource management by the owners as detailed in the staff report attached. The protections provided the Conservation areas, including wetlands, surface waters and strategic systems, on these properties by policies in the Comprehensive Plan and implementing regulations, and consistency of Rural/Agriculture FLUE designation are detailed in the attached staff report.
Issues
1. The Future Land Use category of Preservation for these properties is inconsistent with the Comprehensive Plan definition of Preservation because these properties are under public or non-profit ownership 2. The Planning Commission recommended that the BoCC consider rezoning the property to A. Background information is attached on the zoning categories excerpted from the Unified Land Development Code for C-1 zoning and A zoning categories. Staff notes that either C-1 zoning or A zoning may be consistent with a Rural/Agriculture land use designation depending upon factual circumstances, and that the issue before the BoCC now is for a Comp Plan land use map amendment (a legislative decision). A decision concerning rezoning the property would require a separate process and “quasi-judicial” hearing.
Fiscal Recommendation
Not applicable
Fiscal Alternative(s)
Not applicable
Funding Sources
Not applicable
Account Code(s)
Not applicable
Attachment: CPA 16 08 Chapter 403 Zoning Districts.pdf
Attachment: CPA1608 presentation.pdf
Attachment: ADV 051308 legislative items.pdf
Attachment: CPA 16 08.pdf
Attachment: CPA1608 presentation.ppt