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

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Approved 2/2/11 365 366 Samantha Cabe: One example of positive change would be if someone wanted a barber shop or beauty shop in their home, the 367 way it currently is that would not be possible without a complete rezoning but if their area is also zoned as one of these 368 Conditional Zoning districts, it may be possible? 369 370 Craig Benedict: Let's not answer that question. We need to let it evolve into that discussion. We have a better grasp on the 371 General Use. In that General Use, there are some permitted by right and there are some that go through a Special Use Permit, 372 Class B which goes to the Board of Adjustment and some are Class A SUP. That requires a public hearing also standards, it 373 goes to the Planning Board and to the Commissioners. The Board of Adjustment might be a three or four month time period and 374 Class A would be six to nine months or more. 375 376 Tommy McNeill: What is the result of those applications? Are they successful or unsuccessful? 377 378 Craig. Benedict: The Class B have been successful. They thought that was a business they wanted to have. Usually Class B or 379 A may not be completely compatible unless they follow these standards. There have been individuals asking for that use. There 380 has been success with that but less success with Class A SUPs. Gravelly Hill Middle School had to go through a Class A permit 381 even though it was in an Economic Development Zone. We had it noted in the Economic Development Zone as needing a Class 382 ASUP. 383 384 Judith Wegner: Conditional Districts are more constrained, more controlled than General Use Districts? 385 386 Craig Benedict: That is correct. 387 388 Judith Wegner: Do we have any Conditional District type methodology already in our ordinance? 389 390 Craig Benedict: That is what is in your agenda package. The Conditional Use and Conditional Zoning Districts track our planned 391 development standards which are in our existing zoning code, on page 21, that shows what we have presently within our booklet 392 and I will accent some the aspects of this. 393 394 Judith Wegner: What does planned development mean? 395 396 Craig Benedict: A zoning tool that someone can use to ask for a unique use that might be in the table of the conventional zoning 397 district. You might be in an R1 area. Someone could ask for a planned development residential project. A planned development 398 can be both residential, mixed use or non-residential. Planned Development can set their own standards or can match a 399 combination of these General Use Districts. For example, Churton Grove is an example of a planned development. 400 401 Judith Wegner. If you had 20 acres, you would have to othervrise seek a separate rezoning for four acres and three acres and 402 fifteen acres to make it add up. 403 404 Craig Benedict: The Planned Development is described well in the old code and the new one is to have a larger project to have 405 it planned all together to know how the roads will service those multiple uses, how the stream buffers will be preserved through 406 that larger project, how to get water and sewer there, etc. Away of looking at the entire project. In Churton Grove, there were 407 about 50 conditions set with that planned development from 1988 and we are still monitoring those conditions. Also, in a planned 408 development, you have the standards of your Conditional Zoning districts. Why are we going from PD to Conditional Use? We 409 will match item for item but the only difference is that State law talks about Conditional Districts as a big heading and talks about 410 specifically about Conditional Uses and Conditional Zoning Districts as subheadings. Before we proceeded with reviewing the 411 Buckhorn Planned Development, we made amendments to our zoning code to make our planned development look like a 412 Conditional Use Districts that is authorized by State law. That was the item we had on the agenda before because the way the 413 PD was written was weak without the statutory oomph behind it. We tried to make amendments to the PD and said we need get 414 rid of the PD and tum it in to what is more closely reflected by State statutes. 415 416 Judith Wegner: What is the ultimate difference? There is more control? 417 418 Craig Benedict: There is more control in both Planned Development and Conditional Use Districts than in general. As you will 419 see here, you will set the uses you want in there and you can set conditions during that rezoning process. Those conditions 420 should be reasonable and they have to be mutually agreed upon and cannot be imposed conditions. That is where State law 421 stepped in to say that a local government cannot have unreasonable conditions but mutually agreed upon and reasonable. 422 423 Judith Wegner: The other thing is about the site planning requirement? 424 425 Craig Benedict: Yes. There are two nuances and that is a question Alan had and one they had. Why does one have a site plan 7 11