PUBLIC HEARING AGENDA REQUEST

Sponsor: 

Board of Supervisors Meeting Date:

Planning Commission 

March 12, 2009

Staff Lead:

Department: 

Kimberley Johnson, Zoning Administrator

Community Development

Topic:

A Zoning Ordinance Text Amendment to Section 2-406 to Restructure and Clarify Existing Provisions Related to Non-Common Open Space

Topic Description: 

The proposed amendment restructures Section 2-406, which sets forth requirements for open space, including common open space and non-common open space.  The proposed text amendment restructures the section so that the provisions related to non-common open space are clearly set forth in new subsections rather than appended as one single very long section in the Ordinance.  It is intended that this reorganization will make the requirements clearer to those using the Ordinance.  

Requested Action of the Board of Supervisors:

Conduct a public hearing and consider adoption of the attached Ordinance.

Financial Impact Analysis:

No financial impact analysis has been conducted.

Summary Staff Report:

The proposed text amendment reorganizes existing Section 2-406 of the Zoning Ordinance, entitled “Open Space Requirements.”    This four page section is sometimes difficult to read and understand because multiple issues related to common and non-common open space are addressed in a rather unorganized fashion in this single section spanning more than 4 pages of the Zoning Ordinance.  The proposed text amendment makes no substantive changes to the section, but rather reorganizes the provisions by grouping related provisions under six new sub-headings: 

2-406.1            Common Open Space Requirements

2-406.2            Non-Common Open Space Requirements

2-406.3            Calculation of Non-Common Open Space

2-406.4            Location of Non-Common Open Space

2-406.5            Reserved

2-406.6            Recordation of Deed of Non-Common Open Space

Minor changes in wording are incorporated in several instances to bring clarity to existing language.  Two substantive changes to the provisions in this section are being proposed under separate text amendments, including changes to 2-406.1 and a new section 2-406.5 related to buffer requirements in non-common open space.

This text amendment was initiated by the Planning Commission on September 28, 2008, with an initial public hearing held on October 30, 2008.  After a second public hearing held on January 29, 2009, the Planning Commission unanimously recommended approval of the proposed amendment.

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Property Owners
Developers