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Deed restriction requirement for protecting natural resources

Deed restriction requirement for protecting natural resources. Public Workshop May 14, 2013 Alachua County Board of County Commissioners. Purpose of Resource Protection at the Building Permit Level. Inform property owners Inform prospective buyers Avoid code enforcement

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Deed restriction requirement for protecting natural resources

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  1. Deed restriction requirement for protecting natural resources Public Workshop May 14, 2013 Alachua County Board of County Commissioners

  2. Purpose of Resource Protection at the Building Permit Level • Inform property owners • Inform prospective buyers • Avoid code enforcement • Protect natural resources

  3. Existing Code Language Section 406.103(a)3 Unified Land Development Code 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.

  4. Applicability of code • 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 meeting BMPs

  5. March 12 BOCC Direction: 1) Authorize advertising a public hearing to amend the land development code, [Section 406.103(a)3], to replace the deed restriction requirement at the building permit level with a requirement for a notice to be recorded in the public record.  The notice is to be recorded by the property owner at time of building permit.

  6. March 12 BOCC Direction: 2) Direct Staff to: • Have a process for responding to inquiries regarding title clouds. • A process for properties encumbered by past deed restrictions to opt into the simple notice. • The notice is to be put in proper legal format in an OCR (Optical Character Recognition) readable font.

  7. March 12 BOCC Second Motion: Have a process for responding to inquiries regarding title clouds: Added language to notice to reduce concerns with title clouds A process for properties encumbered by past deed restrictions to opt into the simple notice. Contact owners by phone within the next two weeks and follow up with letter and notice to be signed. The property owner will contact our office as soon as the notice has been recorded in the public record. The notice is an OCR (Optical Character Recognition) readable font.

  8. Proposed Code Language(with strike-through and underline) OPTION A Section 406.103(a)3 Unified Land Development Code For building permits on undeveloped lands that contain regulated natural or historic resources, or other administrative approvals as described in §402.48, unless exempt under §400.04(d), that impact regulated natural or historic resources, a notification that the property contains such resources signed by the owner shall be recorded in the public record in a form approved by the Environmental Protection Department. A permanent protection instrument may be required if the application is associated with enforcement or mitigation. perpetual deed restriction or other forms of dedication shall be the preferred method of protection notwithstanding Section 406.103(a)1.

  9. Proposed Code Language(with strike-through and underline) OPTION B Section 406.103(a)3 Unified Land Development Code For building permits on properties on undeveloped lands that contain regulated natural or historic resources unless exempt under §400.04(d),a notification that the property contains such resources signed by the owner shall be recorded in the public record in a form approved by the Environmental Protection Department. A permanent protection instrument may be required if the application is associated with enforcement or mitigation. or other administrative approvals as described in §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 §406.103(a)1.

  10. Applicability of Options Option A: • Permit for property that is undeveloped and has regulated resources, or • Permit request will impact regulated natural resources • Excludes permits in which the property is currently developed and contains regulated natural resources that are not impacted by application Option B: • Applies to all building permit applications in which the property contains regulated natural resources

  11. Staff Recommendation 1) That the County Commission convene as the Land Development Regulation Commission (LDRC) and find the proposed ordinance consistent with the Comprehensive Plan.

  12. Staff Recommendation 2) That the Land Development Commission reconvene as the County Commission and adopt the Ordinance 13-__ amending Chapter 406.103(a)3 of the Unified Land Development Code.

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