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Planning board moves text amendment on additional dwelling allowances to commissioners with reservations about legal risk
Summary
After extended debate about procedural and legal implications, the Planning Board voted to forward text amendment TA25‑03 — changing how ‘additional dwelling allowance’ requests are approved — to the Board of Commissioners, attaching a written statement of reservations about potential conflict with recent state 'down‑zoning' legislation.
The Planning Board voted to forward a proposed text amendment (TA25‑03) that would change the approval process for Additional Dwelling Allowances — a UDO mechanism that allows higher densities in specified residential districts — to the Board of Commissioners, but the board attached strong reservations about the proposal’s legal exposure under recent state legislation colloquially described as prohibiting “down‑zoning.”
Planning staff said the amendment was developed in coordination with the county attorney and at the direction of the county manager’s office to move certain Additional Dwelling Allowance approvals from a quasi‑judicial special use permit process to a legislative…
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