Subject:
Title
Acceptance, RE: Binding Development Plan with Jacob Foune (25Z00037) (District 1)
End
Fiscal Impact:
N/A
Dept/Office:
Planning and Development
Requested Action:
Recommendation
In accordance with Section 62-1157, it is requested that the Board of County Commissioners accept, and authorize the Chairman to sign, the Binding Development Plan under application 25Z00037.
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Summary Explanation and Background:
A BDP (Binding Development Plan) is a voluntary agreement presented by the property owner to self-impose limits upon development of a property in support of a change of zoning or conditional use permit. Pursuant to Section 62-1157, a BDP shall be recorded in the public records within 120 days of the Board’s approval of the zoning request. Following staff and legal review, the BDP is presented to the Board in recordable form as a Consent Agenda item to finalize the zoning action.
On February 06, 2026, the Board approved a change of zoning classification from SR, with an existing BDP, to SR with removal of the existing BDP and addition of a new BDP to include the following stipulations by the applicant:
• The Development shall be limited to one single-family residence; and
• The rezoning request companion FLU amendment application was a result of an unlawful split by the predecessor in interest and will stipulate that fact in any future preceding regarding that action; and
• The companion FLU amendment application are not precedential, but instead is being requested to resolve the substandard lot that has arisen as a result of the unlawful split, and under these particular circumstances that it be recognized that these actions are being granted based on the unique conditions of the subject property.
The attached BDP includes these conditions.
Clerk to the Board Instructions:
Upon recordation, please return a certified copy of the BDP to Planning and Development.