PLACEMENT: Departmental - Quasi-Judicial
TITLE:
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REQUEST APPROVAL OF THE SECOND AMENDMENT TO THE PARKWOOD PUD ZONING AGREEMENT
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EXECUTIVE SUMMARY:
executive summary
The Parkwood Property Owners Association has requested an amendment to the PUD Zoning Agreement to reduce the setbacks on certain lots that back up to wetlands.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Peter Walden
Title: Principal Planner
REQUESTED BY: Parkwood POA, Inc.
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The Parkwood subdivision received development approval in 1984. The development site incorporates several isolated wetlands. At that time, the 1982 Comprehensive Plan did not require setbacks to isolated wetlands.
The Parkwood site plan protected the isolated wetlands on site but extended a 25-foot buffer onto the single-family lots that backed up to them. Applying buffers to wetlands or upland habitat on lots in communities is no longer permitted and has proven problematic wherever this practice has been instituted.
On September 24, 2019, the BOCC directed staff to draft an amendment to the Parkwood PUD Zoning Agreement that would eliminate the zoning setback to wetlands within the Parkwood PUD.
The proposed Second Amendment to the Parkwood PUD amends Exhibit “F” Conditions and Requirements, Section 6 to specifically address the 32 lots affected by the wetland buffer condition.
ISSUES:
There are no issues related to this application.
LEGAL SUFFICIENCY REVIEW:
Because this request involves the application of a policy to a specific application and site, it is a quasi-judicial decision. Quasi-judicial proceedings must be conducted with more formality than a legislative proceeding. In quasi-judicial proceedings, parties are entitled - as a matter of due process - to cross-examine witnesses, present evidence, demand that witnesses testify under oath, and demand a decision based on a correct application of the law and competent substantial evidence in the record.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board receive and file the agenda item as exhibit one.
Move that the Board approve the Second Amendment to the Parkwood PUD Zoning Agreement.
ALTERNATIVE RECOMMENDATIONS
Provide staff direction.
FISCAL IMPACT:
RECOMMENDATION
Staff time.
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ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☒Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other:
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