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Deed restriction requirement for protecting natural resources

Deed restriction requirement for protecting natural resources. February 12, 2013 Alachua County Board of County Commissioners. Natural Resources Protection Policies. Comprehensive Plan establishes polices for the permanent protection of natural resources.

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Deed restriction requirement for protecting natural resources

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  1. Deed restriction requirement for protecting natural resources February 12, 2013 Alachua County Board of County Commissioners

  2. Natural Resources Protection Policies • Comprehensive Plan establishes polices for the permanent protection of natural resources. • Land Development Code requires permanent protection at all levels of development review.

  3. Why?

  4. Value of Building Permit Protection • Inform property owners • Avoid code enforcement • Protect natural resources

  5. Unified Land Development Code Section 406.103(a)3 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.

  6. Applicability of code • The property is undeveloped • Permit request will impact resources • Applies only to areas with regulated resources Code provisiondoes not apply to: • Developed property not proposing impacts • Bona fide agriculture operations

  7. Application on property with regulated resources Site visit Significant impacts proposed Discuss restrictions, management needs, and process requirements Send to development review staff for BOCC/DRC Review Meets 406.103(a)3 requirements Letter to owner Deed restriction recorded permit application cleared for submittal

  8. Permit Applications Screened since 2009 66%

  9. Deed restriction 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

  10. Summary • 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.

  11. Staff recommendation 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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