Agenda - 02-28-2011 - C.1 - Laserfiche WebLink

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200 DRAFT 183 May Becker: I brought this up at the previous meeting and I don't know to what extent we're going to follow up. From my 184 understanding you're ready to make a recommendation but I had a concern about the Conditional Zoning, the new zoning that 185 was being put into the new UDO. In other words, we went through the discussion at our meeting before the last meeting, where 186 on the overhead there was discussion of the differences between Conditional Use and Conditional Use Zoning and we talked 137 about in which case there was a requirement for a Special Use Permit. I pointed out that I was concerned about it being too 188 open -ended for developers. I think that is where the discussion ended. There was a kind of question of whether we would revisit 189 that discussion and I just wanted to bring that up again that I still have those concerns. To me there wasn't a real, it was a 190 presentation where I felt we understood better what the new language or what the UDO was describing but to me it wasn't clear 191 whether that's really what should be incorporated into the UDO. 192 193 Larry Wright: Ok, does anybody have any other comments? There will be a time for staff to respond to that. I have a question, 194 the lambda, the footnote, use not permitted as a Conditional Use District, permitted only in zoning districts, could you expand on 195 that? 196 197 Perdita Holtz: Its permitted only in General Use Zoning Districts where there is an asterisk or the requirement for a Class A or 198 Class R Special Use Permit on this chart. You cannot apply for Conditional Use District, that's linked to the General District. 199 200 Craig Benedict: For example, page 49, in order to have a hospital somebody would have to ask to rezone maybe from an R -1 201 residential area on a land use plan designation that says general commercial 4 is a place where hospital would be permitted so 202 somebody would have to ask for a General Use Rezoning from R -1 to GC -4 if it met the Comp Plan locational criteria. Then 203 somebody would have the ability to come back at a later date and have a hospital, somebody cannot go into a NC -2 and ask for 204 an NC -2 -CU, Conditional Use to get a hospital that would not permitted. 205 206 Larry Wright: Could you address May's concerns please? 207 208 Perdita Holtz: I can, you may recall that Judith and Brian met with staff in December and Judith talked about some of that 209 meeting. One of the things that staff talked with Judith and Brian about was that with Conditional Zoning you are placing all sorts 210 of conditions on the zoning so to go back and still require an SUP concurrently, you are taking all those conditions you've just put 211 on the zoning and attaching them to the SUP, its redundant. Staff believes it is redundant and Judith pretty much said that at the 212 January 5th meeting if you look in the minutes, she had thought about it and kind of concurred with staff that it is redundant to 213 require both the Conditional Zoning District and a Special Use Permit. 214 215 Craig Benedict: If I could add another thing that was discussed at the January 5th meeting is that some developers would come 216 in for a Conditional District and not know the specific site plan for the five pods of development that are there. They might know 217 one so it would be impossible for them to know how to build out their business park or their office park with a specific site plan 218 which comes with the SUP on those four pods. Conditional Districts allow this in one case, this master plan program to find out 219 where the road are, where the utilities are, where you want to preserve the stream buffers, and the adjacent buffers, and allows 220 them to come back at a later date consistent with that master concept plan and they get a site plan approved. That was the 221 other reason why given the toolkit of choices of how to develop property, you have roughly three categories to go with, General 222 Use Rezoning, Conditional Use Rezoning that includes an SUP and site specific plan when somebody knows exactly what they 223 want to do, and this third category that is Conditional Districts where they know the constraints of their site in the master plan and 224 then do not have a site specific plan at that time. It was thought by the Board during this explanation that having these tools 225 available would give opportunity for different choices of economic development and residential development opportunities in the 226 county. 227 228 May Becker: My recollection of the discussion before that in the email that Judith had sent out was that there were difference 229 between Condition Use and Conditional Zoning Districts and there were some targeted areas. She pointed out it would be useful 230 to have these particular zoning districts for targeted areas and she pointed out there was some concern about the conditional 231 zoning being in a sense too broad and the compromise might be, for example, to use it in certain targeted areas. My 232 understanding was that we were going to discuss that further, in other words once we understood the differences between the 233 two which was more clearly presented at the meeting, not this last meeting were we talked about the stream buffers, but the one 234 before that, but then we would be able to understand which targeted areas would benefit from that type of zoning. In other words 235 1 guess to summarize, it's not clear to me why the Conditional Zoning District is necessary. I know you pointed out that it leaves 236 it more open -ended for developers or that they might not have a specific site plan but at the same time I think there is some 237 potential problems that were suggested in the emails and I think those were the types of issues I was wanting to talk about or at 238 least be able to address in terms of what target areas and what problems could occur and why we specifically need both. 239 240 Perdita Holtz: At the current time Planned Development, which these replace, is allowed potentially anywhere. 241 242 May Becker: Right but that's still different in certain ways from the Conditional Use versus the Conditional Zoning, right? 243 4