Agenda - 02-15-2011 - 6a - Laserfiche WebLink

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Approved 2/2/11 304 blank and they cannot unless they get rezoned. They are not going to rezone in AR because it is not allowed. They may go to a 305 Limited Commercial 1 category, they may ask for a rezoning. If they just ask for an LC1 it is called a general use rezoning and 306 they want to place an LC1 on the map, we have other criteria that says is an LC1 appropriate in that area. A lot of the transition 307 areas in the county that are activity nodes. When they ask for that LC1 in White Cross, they only have to ask for an AR to LC1 308 rezoning. They do not have to bring forward a site plan. We have very few of these rezoned in the county because when you 309 give an LC1, you give them the list of all the LC1s that are on these 200. When you ask for a general use rezoning, you don't get 310 the site plan and a very important thing is that you cannot set conditions. That is why the general use rezoning process is 311 somewhat limited in what you can ask for. The State has another category which is called Conditional Districts which are more 312 general. You can rezone and set conditions in both cases so when that process of rezoning, which is legislative, which does not 313 have to have those iron clad standards. It is a policy decision of the Commissioners with recommendations used from the 314 Planning Board. It is a lot easier to deny because it is a legislative process. 315 316 Larry Wright: It would be nice if section 10 had a definition of Conditional Districts and it was in terms of Conditional Use and 317 Conditional Zoning. 318 319 Judith Wegner. I have written about this stuff because I teach about property and things and for a long time, Conditional Use 320 was thought of as potentially Contract Zoning where the local government would agree that if you come in with a particular 321 proposal and give us goodies to go with it, we will approve it but we won't necessarily limit it to particular types of uses so at 322 some point, the legislature decided to approve Conditional Districts that would allow you to set up a mechanism that would limit 323 out of its whole range of 50 possible uses in that district limited to only a few in keeping with what you were proposing to do. It 324 gets more complicated because Conditional Zoning Districts were added as a further amendment to the statutes later and that 325 terminology is confounding to people because it sounds very much the same but the point here is to do with whatever is going to 326 be an SUP in question so it gets to be technically confusing to people. 327 328 Craig Benedict: We are going to try to lock in about three different types here today. We have the General Use. I think you have 329 abetter idea that when someone asks for a General Use, you cannot set conditions, you do not get. a site plan because that is 330 done later After somebody gets the LC1 then is a permitted use in LC1 then they bring their site plan to staff and it gets 331 approved. 332 333 Samantha Cabe: Larry, there is a definition that is just Conditional Use District on page 10-7. 334 335 Craig Benedict: When we talked with Brian and Judith when were explaining something, we were using General, Specific or 336 Conditional. I think that needs to be separated into two areas. One is that you cannot set conditions in this one and the one 337 where you can set conditions is called Conditional Districts. 338 339 Samantha Cabe: Is it Conditional District or Conditional Use District? 340 341 Craig Benedict: This is the main heading and there are two categories under that. This is the way the statute says there is 342 Conditional Districts and there is the Conditional Use slot or the Conditional Zoning Districts. Both are considered Conditional 343. Districts. This was the original construct and having the rezoning to say we will approve your rezoning with a list of bigger 344 buffers, different access, etc. 345 346 Judith Wegner: A subset of what otherwise would be permissible in the General Use District. 347 348 Craig Benedict: The Conditional Use has some similarities to the Special Use Process. In the SUP process under General Use, 349 you are seeing the specific site plan and set conditions because the general use is in place already. 350 351 Judith Wegner: If you were the elected Board making the decision, you would have the possibility of someone coming in to say 352 let us have any 50 uses by redistrict or rezoning this to the LC1 or else you were the proponent of that, you would talk to staff 353 and they said that is such a wide spread you will have harder time convincing people that is a good idea if you decide you only 354 want a subset of everything in the LC1 option and you only as for a dance studio to be a subset slice of that with a permit that 355 gives you even further constraint that is much more likely to be acceptable to the elected Board and to the neighborhood 356 because it will constrain you more. 357 358 Samantha Cabe: It is important for the public to understand that all these things that have an A or B in different uses on the table 359 don't have to go through that new process. If you live in an AR and you want to have a child daycare facility nothing changes for 360 you, nothing changes for you. A majority of businesses that come up in these areas, there are still a lot of As and Bs there so 361 nothing changes for the majority of people. 362 363 Craig Benedict: We have not changed our role in this. Part of the Phase 1 UDO was to take all the General Use zoning districts 364 and all the Class As and Bs and leave them the same as they are. 10