Subject:
Title
Approval, Re: Extension of 60 days from the 120-Day Requirement to Record a Binding Development Plan in the Public Records. (District 2)
End
Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Board of County Commissioners grant a 60-day extension to the 120-day requirement to have a Binding Development Plan (BDP) recorded, as provided in Section 62-1157.
End
Summary Explanation and Background:
On October 6, 2022, the Board approved a change of zoning classification from AU (Agricultural Residential) to RA-2-4 (Low Density Attached Residential) and RA-2-6 (Low Density Attached Residential) for Nicholas Boardman and Andrea Bedard, with a BDP limiting the development to four homes, which would be two single-level duplexes with advanced septic.
The applicants have experienced unexpected delays relating to stipulations for obtaining the mortgager signoff of the BDP. Section 62-1157(1)g., requires the BDP to be recorded in the Public Records within 120 days of approval by the Board of County Commissioners. The code also states that the zoning action is not effective until the BDP is recorded, and if the BDP is not recorded within the 120-day timeframe it shall be considered withdrawn.
Pursuant to the Local Planning Agency recommendation of January 9, 2023, staff is in the legislative process of revising the aforementioned code to include provision for a 60-day extension to the 120-day deadline. This amendment will presented to the Board in February, unfortunately after the Boardman/Bedard application would have expired.
Granting the 60-day extension would allow the applicants until April 3, 2023, to have the BDP recorded in the Public Records. If the BDP is not recorded by April 3, 2023, the application will be considered withdrawn and the applicant would need to re-apply for the zoning change.
Clerk to the Board Instructions:
None