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Published byCrystal Mathews Modified over 8 years ago
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February 12, 2013 Alachua County Board of County Commissioners
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Comprehensive Plan establishes polices for the permanent protection of natural resources. Land Development Code requires permanent protection at all levels of development review.
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Why?
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Inform property owners Avoid code enforcement Protect natural resources
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For building permits on undeveloped lands that contain regulated natural or historic resources, or other administrative approvals as described in Section 402.48 that impact regulated natural or historic resources, perpetual deed restrictions or other forms of dedication shall be the preferred method of protection, notwithstanding Section 406.103(a)1.
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The property is undeveloped Permit request will impact resources Applies only to areas with regulated resources Code provision does not apply to: Developed property not proposing impacts Bona fide agriculture operations
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Application on property with regulated resources Site visit permit application cleared for submittal Discuss restrictions, management needs, and process requirements Send to development review staff for BOCC/DRC Review Deed restriction recorded Significant impacts proposed Letter to owner Meets 406.103(a)3 requirements
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66% Permit Applications Screened since 2009
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Pros: Written recognition by property owner Information in the public record Court-enforceable contractual agreement Cons: Concerns with perceived decrease in property values Requires metes-and-bounds description and sketch Not applicable to bona fide Ag operations meeting BMPs
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Deed restrictions comply with current Comp Plan and Land Development Code Helps inform prospective buyers of county rules (potentially decreasing future enforcement cases) Staff recommends modification to existing code policy.
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Authorize advertising a public hearing to amend the land development code to replace the deed restriction requirement with a requirement for a notice to be recorded in the public record.
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