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

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Approved 2/2/11 182 4.18, Uses Excluded for Consideration of Conditional Use District. Then you go to Permitted Uses and there are the same items. 183 184 May Becker: I have some questions. You mentioned targeted areas and the idea of using some pre conditional use districts for 185 targeted areas. Could staff specifically talk about why we need or what the motivation is for adding these conditional use 186 districts. In other words which targeted areas would benefit from it? How would that change development? Also how 187 agricultural and farming may be affected by these areas. How it would change the land use. 188 189 Judith Wegner: Are there questions about Conditional Use Districts or Conditional Zoning Districts to let the staff know before we 190 get into that if there is something particular you would like to ask. I would say I think that some of the terminology is very 191 confusing. The way the statutes read, there are uses that are as a right that if you are in a particular district that you are entitled 192 to any of the uses within that general district or there may be permitted uses within that general use district that are subject to the 193 Special Use Permit. Another fundamental point is that we have been using planned development strategies to work with different 194 kinds of mixed uses but that terminology doesn't have a root in the way the statutes read so I think part of what the staff has 195 recommended is to use these other provisions about conditional use districts and conditional zoning districts to try to read what is 196 in the ordinances more directly into the statutes and if staff wanted to explain it to us, it would take 10 to 15 minutes and take 197 another round of questions. 198 199 Craig Benedict: I think there were two things that were said that were valuable to us. One is an overview of how zoning is done 200 now and that puts everyone on a level playing field because we are talking about some of the complexities which are not often 201 used in even the old zoning book which was called planned development and in the UDO it is called conditional use. We never 202 used planned development so it is hard to get a context of it without knowing what it is like now and is there a change for the 203 future. The second part is what is rooted in state statutes and what is not and we have to link or match up as close as possible 204 to state statutes because that gives both flexibility and authority to plan as well as we can. 205 206 Judith Wegner: I really appreciate the hard work staff has put into this especially over the holidays. 207 208 2O9 AGENDA ITEM 8: UNIFIED DEVELOPMENT ORDINANCE (UDO) -REVIEW OF CONDRIONAL USE DISTRICTSICONDITIONALZONlNG 210 DISTRICTS: 211 To review and discuss the Conditional Use District and Conditional Zoning Districts contained in the 212 proposed UDO. 213 Presenter. Planning Staff 214 215 Craig Benedict: We have talked about terminology a lot. We hope to break it into two main categories of zoning. One is what we 216 have used over the years and something more regularly is something we call General Use Districts where someone has a limited 217 commercial one or neighborhood commercial two. That is what people have used since zoning has started. Those have a list of 218 standards and gives a permitted use table of about 200 uses and maybe 50 of them can go into that LC1 category (limited 219 commercial one). 220 221 Judith Wegner: What about agricultural? 222 223 Craig Benedict: In Agricultural Residential AR, conventional zoning district, gives a list of uses which say residential uses are 224 okay and some mobile homes are okay. Once you get into a category, you look at a list. Let's talk about Agricultural Residential. 225 If there is a star in this, such as a single family, it is permitted by right, which means we can't say no. If there is no star, it is 226 prohibited. 227 228 Judith Wegner: This is in part 5. 229 230 Craig Benedict: On 5-6 and 5-7. This is an idea of how to read the table. For any general use category, you see what uses are 231 allowed there. The star means permitted by right. If there is a B, it is a different process, it is still permitted but you have to go 232 through a Special Use Permit Class B which involves the Board of Adjustment. There is special criteria whether it can be allowed 233 or not. There may be expert testimony. 234 235 Judith Wegner. The general concept is that it is possible the ordinance says it is possible that this type of use could be 236 appropriate but you have to make factual.findings. 237 238 Craig Benedict: If residents show up at a Board of Adjustment meeting and say I don't like it and don't think it is appropriate, that 239 is not a standard. They would need to bring their expert to show proof or findings of fact. 240 241 Samantha Cabe: If you have to go through that process and there is a letter in the box, that means if you meet a specific set of 242 standards, you must be allowed to do it. 8 4