10/23/2001 - Laserfiche WebLink

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BACKGROUND On March 20, 2001, the Board of County Commissioners adopted various amendments to the Comprehensive Plan, including an amendment to policies governing creation of residential parcels in agriculturally designated areas. DCA (Department of Community Affairs) found the amendments in compliance on June 1, 2001. One of those amendments made agricultural PDs (planned developments) optional and allowed creation of residential parcels in agricultural areas via the platting process and the affidavit of exemption process. This allowance "gave back" the affidavit of exemption option, which was available prior to 1990, to agricultural land owners. Both the platting and affidavit of exemption process are provided for in LDR Chapter 913 (the subdivision ordinance). Based upon the recent comprehensive plan changes, staff has processed several affidavits of exemption for parcels in agriculturally designated areas. Two LDR sections, however, currently reflect the previous comprehensive plan policies and need to be updated to reflect current policies. To that end, staff has initiated the attached LDR amendment proposal. At its August 30, 2001 meeting, the Professional Services Advisory Committee (PSAC) considered the proposed amendment and voted 5-0 to recommend approval of the amendment with a minor wording change (see attachment 41). That wording change has been incorporated into the proposed amendment (see attachment #3). Also, the Planning and Zoning Commission considered the proposed changes at its September 27, 2001 meeting and voted 5 to 1 to recommend that the Board adopt the amendment (see attachment # 2). The Board of County Commissioners is now to consider the proposed changes and is to adopt, adopt with modifications, or not adopt the proposed amendment. ANALYSIS Under current comprehensive plan policies, parcels may be created in agriculturally designated areas by one-time parcel splits, agricultural PDs, or under the provisions of LDR Chapter 913 via subdivision plats or affidavits of exemption. Affidavits of exemption allow creation of up to fifty (50) parcels that have at least 200,000 sq. ft. of area without platting and without provision of formal paved roads, drainage, and utility improvements. Affidavits of exemption, however, are not exempt from right-of-way, environmental, tree protection, and other non -infrastructure requirements. The affidavit of exemption process requires staff review and approval of survey and legal documents, and usually takes 6-12 weeks. Currently, there are two LDR sections that do not allow affidavits of exemption in agriculturally designated areas, contrary to the allowance under current comprehensive plan policies. Staff has drafted amendments to those LDR sections to specifically allow affidavits of exemption in agricultural areas in accordance with current comprehensive plan policies and subject to LDR Chapter 913 requirements. In essence, the proposed amendment will re -institute an allowance that was available to agricultural landowners prior to 1990. Effects on Affordable Housing Costs Per Policy 1.7 of the Housing Element of Indian River County Comprehensive Plan, staff is required to prepare a Financial Impact Statement to assess the anticipated impact of a proposed regulation on the cost of housing. The proposed amendment will simplify the review and approval process for creation of large parcels (5 acres or larger) that can be developed for single- family homes. Therefore, the amendment has a potential to tower costs associated with creating large "single-family" parcels. Thus, there should be no increase in housing costs as a result of this amendment. - OCTOBER 23, 2001 -42-