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

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Approved 2/2/11 670 Judith Wegner. You don't need a permit. The gist of it was, in some ways, having a permit was redundant with very closely 671 commissioned zoning requirements. I found that some of the very difficult stuff that trying to figure out what goes in zoning forms 672 and what goes in permits. I think the staff would say they like Conditional Zoning Districts because you don't have this 673 redundancy of the permits if you do it all closely with Conditional Use Districts, why is it you are having a permit in addition and it 674 would clarify for the decision makers what they are dealing with. My view was let's have both because it gives both the 675 legislative side and the fact finding side and protects you from challenges but there has not been much litigation about this stuff 676 and it may well be if you've got an elected board that is confused about which piece goes where you may walk into more 677 litigation. 678 679 Craig Benedict: The conditions that are here, these SUP conditions are no more elaborate than the conditions that with 680 rezoning. These are redundant where those are. We are not losing anything out of all those specific standards and conditions 681 that need to be met are noted here. All you lose is seeing where the tree goes in the parking lot but you have the same amount 682 of trees. 683 684 Samantha Cabe: I favor a little less control than most people. I am supporting the Conditional Zoning Districts because I think it 685 is needed. I would like to point out that I think, if in the Conditional Use, the way we have it where the BOCC approves a 686 rezoning with conditions and then it is up to the Special Use Permitting process whether they are met. It is more of an objective 687 determination whereas in the new plan, determining whether those conditions are met is purely legislative so if there is a big 688 uproar about it there is more description on the part of the BOCC to ax the plan. That can be a good thing or bad thing but that is 689 a major difference because in the Special Use Permitting process you are more likely to run into litigation. 690 691 Marc Marcoplos: You are basing that on what has been the typical makeup of the BOCC that they may be more inclined to ax a 692 project. The legislative process also allows them the flexibility gives them ability to approve a project. What if a university 693 wanted to build a research facility to study diseases and they were going to have microbes, etc. How does a facility like that ever 694 get sited in your county and what conditions are met? 695 696 Judith Wegner: Let's do one more round of any other things we would like to say about tonight's topics but I wonder could we 697 deal with the stream buffer issues in two weeks? Is that pushing it? 698 699 Samantha Cabe: Going back to the issue of freaking the public out and the new zone that is listed along with the other general 700 use districts. In my reading of the emails, they were looking at this as the County can let anything happen on expanding the 701 uses. It would be helpful coming out of the gate saying that these new zoning districts are not designated without the application 702 and approval processes. Indicate these are not mapped until someone applies and the BOCC approves it. 703 704 Judith Wegner: A lot of things about how things can help or hinder the standing. If you could do some shading to make it clear. 705 706 Shannon Berry: It is already on my notes to differentiate the new districts. 707 708 Samantha Cabe: Even though the two new definitions you have, just a conditional district definition that says it is not mapped 709 until that location pops up. We need to lead our discussion saying this is not going to be a zoned district that can be widely 710 assigned. Each individual project has to ask for the zoning and it has to go through this process. 711 712 Craig Benedict: That will be helpful. 713 714 Pete Hallenbeck: I'd reorganize that diagram and go from most general to most specific so when people look at it and it is 715 explained, then they make more sense. With regard to Conditional Districts, the concern was voiced by the citizens that you can 716 put anything anywhere. I think you should point out in the document that this is a BOCC approval event, it has to be consistent 717 with the Comprehensive Plan, it has to fit in with the area and many of these types of zoning and uses are explicitly excluded in 718 the rural buffer and residential areas. Regarding the Conditional Zoning Districts, I think it is important to point out that it is 719 faster for business. Regarding Conditional use, it is a specific site plan that is more suited for an entrepreneur effort. The MP 720 zoning flexibility if you have something come up that just can't be planned. Regarding the stream data, I would love it if you 721 could come up with information before the meeting. 722 723 Judith Wegner: When I thought I couldn't be here tonight, I sent some information in advance. 724 725 Pete Hallenbeck: I would love to see May write something up. 726 727 Judith Wegner: It would help the staff to be prepared. 728 729 Andrea Rohrbacher: I would like to see a clear explanation of the exclusions and how the conditional districts address these 730 exclusions because some of the speakers mentioned airports, that was scary. If we could present as to how this new process is 12 16