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BOOK 96 P.Aa 73 •Pending Ordinance Doctrine The pending ordinance doctrine allows a local government to declare its intent to adopt a proposed regulation change and to apply the proposed regulation prior to formal adoption. The pending ordinance doctrine is generally used in cases where a local government needs to prevent a rush of applications that may be received prior to formal adoption of a pending regulation change, or where relief or clarification of existing regulations is determined necessary to address pending applications. Staff is seeking use of the pending ordinance doctrine to provide setback relief to a single-family building permit applicant, and to provide clear direction to a subdivision applicant. Since the LDR amendments now in process will not be considered for final adoption by the Board until February 1996, it is staff's opinion that the pending ordinance doctrine should be invoked now to provide timely relief and direction for a pending application and development proposal. RECOMMENDATION: Staff recommends that the Board of County Commissioners invoke the pending ordinance doctrine for the following, proposed LDR changes: 1. For parcels adjacent to existing subdivision road rights-of- way, where the parcel is separated from the subdivision roadway by required landscape improvements and where the parcel cannot be accessed by the subdivision roadway, the portion of the parcel adjacent to the right-of-way shall be treated as a side yard where a side yard would exist absent the right-of-way. 2. For new subdivisions where a road right-of-way is proposed along the border of the property to be subdivided, the required landscaping improvements shall be located in a separate landscape tract established between the right-of-way and the adjacent property. Community Development Director Stan Boling reviewed the memorandum for the Board. Commissioner Adams felt the setback is an excellent solution but was concerned about the landscaping 10' strip. She believed that provision needs some flexibility, particularly in a subdivision where the roads are not dedicated to the County. Director Boling explained that a definition in the width of the landscaping buffer is needed where the lot is actually abutting the landscaping buffer rather than the road right-of-way. ON MOTION by Commissioner Bird, SECONDED by Commissioner Tippin, the Board by a 4-0 vote (Commissioner Eggert being absent) unanimously invoked the pending ordinance doctrine for the proposed LDR changes set out in staff's recommendation. DECEMBER 5, 1995 38