HomeMy WebLinkAbout1.0 Staff Report 12.08.09TO:
FROM:
RE:
DATE:
C.
MEMORANDUM
Board of County Commissioners (Worksession)
Fred A. Jarman, AICP, Director, Building and Planning Department
Amendments to Approved land Use Change Permits
December 8, 2009
l. Purpose
As Staff and the public have been using the various amendment sections found within the Unified Land
Use Resolution of 2008, as amended (the Code), it has become apparent that there are significant
inconsistencies and unintended consequences. As a result, Staff suggests the Board of County
Commissioners amend the Code to include the proposed language in Exhibit A (attached) and provide a
process as outlined in the attached PowerPoint presentation as Exhibit B.
ll. General Staff Comments
Staff recommends the Board approve the following amendments:
A. Add a new Section into Article lV "Application & Review Procedures" which would be known
as Amendments to Approved Land Use change Permits. This would include removing the
individual amendment sections that currently exist in other Articles so that Amendments are
discussed on one place in the Code. This new section would provide specific direction
regarding the Director/s ability to approve (or not) "Non-Substantial Modifications /
Changes" to Approved Land Use Change Permits.
B. "Non-Substantial Change" as Determined by Director
a. Requires public notice of Director's decision to adjacent property owners within 200
feet, the BOCC, and the APPlicant;
b. All requests for non-substantial changes are required to continue to meet all
applicable standards in the Code;
c. Appeals (or call-ups) of Director's decisions should be allowed from the BOCC, the
Applicant, or adjacent property owners within 200 feet'
Non-substantial Changes shall not be allowed to change specific Conditions of Approval
required by the BOCC in a public hearing. Any requested changes to those conditions shall
automatically require a public hearing before the BOCC on that specific condition which
requires full notice;
Need to examine the definition of "substantial Modification / Change (which may also allow
for scriveners / surveyors errors as a routine non-substantial change).
D.
E. BOCC "call-up": Any one Commissioner can call up the decision by the Director and require
that the full BOCC discuss and vote on whether the decision should be heard in a noticed
public hearing or not.
F. lnclude an amendment section for Land Use Change Permits obtained through the
Administrative Process that is slightly different than those requiring approval by the BOCC'
Section 4-103(H) Amendments to an Approved Land Use Change Permit.
Proposals to change a Land Use Change Permit approved under these Regulations shall require
application to the Director for Amendment of an Approved Land Use Change Permit. The
Director shall review the application to determine whether or not the proposed change
constitutes a substantial modification to the Land Use Change Permit. Should the Director
determine that the requested change constitutes a substantial modification; a new application
shall be required to be filed with the County.
A.Review Process
L.
2.
3.
4.
5.
Pre-Application Conference. A
accordance with the provisions
of Article lV.
Pre-Application Conference shall be held in
of Section 4-103(A), Pre-Application Conference
Application. The application materials (including review criteria and standards)
required for Amendment of an Approved Land Use Change Permit based on a
non-substantial change are set forth in Section Should
the Director determine that the requested change constitutes a substantial
modification; a new application shall be required to be filed with the County.
Determination of Completeness. WithiThe Director shall review the application
for determination of completeness in accordance with the provisions of Section
4-103(C), Determinotion of Completeness of Article lV.
Staff Review / Director Decision. Within thirty (30) working days of the date of
determination of completeness the Director shall make a determination as to
whether the proposed change constitutes a substantial modification to the
approved Land Use Change Permit.
Director Decision.
a. No Substantial Modification. lf the Director determines that the change
does not constitute a substantial modification to the approved Land Use
Change Permit, the Director may approve or deny the proposed
amendment to the Land Use Change Permit and provide notice of this
decision pursuant to Section 4-103(HXA)(6) below. Additionally, the
Director shall have the discretion to require the request be decided by
the Board of County Commissioners in a public meeting.
b. Substantial Modification. lf the Director determines that the change
.constitutes a substantial modification, the change shall require a new
application for the proposed use.
6. Written Notice of Decision. The Director shall inform the Board of County
Commissioners, the Applicant, and all adjacent property owners within 200 feet
of the subject property of the Director's decision in writing within five (5)
working days of the date of decision.
C. Reconsideration of Director's Decision by Applicant or Adjacent Property Owner
L. Request by Applicant or Adjacent Property Owner for Reconsideration of
Decision. An applicant or adjacent property owner may request reconsideration
of the Director's decision by the Board of County Commissioners. The
requesting party may file a written request within fourteen (14) calendar days of
the date of written notice of the decision by the Director to the Director of the
Building and Planning Department. The Director shall present the request for
reconsideration at the next regular meeting of the Board of County
Commissioners where the Board (by majority vote) may approve the setting of a
public hearing to reconsider the Director's decision.
a. Schedule Public Hearing. Public hearing by the Board of County
Commissioners shall be held within forty-five (45) calendar days from the
date the Board of County Commissioners decide to require a public
hearing.
Notice by Publication. At least thirty (30) calendar days prior to the date
of the scheduled public hearing before the Board of County
Commissioners, the applicant or adjacent property owner shall have
published a notice of public hearing in a newspaper of general circulation
in the area that the proposed land use change is located. (Note- this shall
only apply to Land Use Change Permits which were originally approved in
a noticed public hearing.)
Notice to Adjacent Property Owners. At least thirty (30) calendar days
prior to the date of the scheduled public hearing, the applicant or
adjacent property owner shall send by certified mail, return receipt
requested, a written notice of the public hearing to the owners of record
of all adjacent property within a 2OO' radius. The notice shall include a
vicinity map, the property's legal description, a short narrative describing
the current zoning and proposed land use change, and an announcement
of the date, time and location of the scheduled hearing. (Note- this shall
only apply to Land Use Change Permits which were originally approved in
a noticed public hearing.)
Decision by'Board. The Board shall conduct a hearing pursuant to the
provisions of Section 4-103(G), Conduct of Public Hearing. The Board shall
b.
c.
d.
uphold the Director's decision, modify the decision, or reverse the
decision, based upon compliance of the proposed land use change with
the applicable approval standards set forth in Article Vll, Stondards.
Call-up by Board. Within fourteen (14) calendar days of the notice of decision by
the Director, any one member of the Board may, at their discretion, decide to
reconsider the Director's decision. lf that is the case, a Board member shall
require the Director to present the request for reconsideration at the next
regular meeting of the Board of County Commissioners where the Board (by
majority vote) may approve the setting of a public hearing to reconsider the
Director's decision.
Notice by Publication. At least thirty (30) calendar days prior to the date
of a scheduled public hearing before the Board of County Commissioners,
the Director shall have published a notice of public hearing in a
newspaper of general circulation in the area that the proposed land use
change is located.
Notice to Adjacent Property Owners. At least thirty (30) calendar days
prior to the date of the scheduled public hearing, the Director shall send
by certified mail, return receipt requested, a written notice of the public
hearing to the owner of the subject property (applicant) and owners of
record of all adjacent property within a 2OO' radius. The notice shall
include a vicinity map, the property's legal description, a short narrative
describing the current zoning and proposed land use change, and an
announcement of the date, time and location of the scheduled hearing.
Decision by Board. The Board shall conduct a hearing pursuant to the
provisions of Section 4-103(G), Conduct of Public Hearing. The Board
shall uphold the Director's decision, modify the decision, or reverse the
decision based upon compliance of the proposed land use change with
the applicable approval standards set forth in Article Yll, Stondards.
Definition of Substantial / Non-Substantial Change
Review Criteria for non-substantial change: A non-substantial amendment may be made to an
approved Land Use Change Permit if it meets all of the following criteria as determined bythe
Director:
ls consistent with action(s) taken during previous Land Use Change Permit approval;
Does not change the use cotegory of the proposed development between residentiol,
commercial and industrial uses;
2.
a.
b.
c.
1.
2.
J
3. Does not change the basic character of the approved use of land on which the activity
occurs, including bosic visual appeorance and method of operation;
4. Does not constitute a new land development octivity;
5. Does not violate any Land Use Code standard;
6. Does not substontially increase off-site impacts (including but not limited to increased
traffic, water use, wostewoter generation, etc.) in the surrounding neighborhood;
7. Does not substantially increase the need for on-site porking or utilities;
8. Does not increose the floor area of the use by more than five (5) percent or decrease
the open space on the site by more than five (5) percent; and
9. Does not endonger the public heolth, safety or welfare.
A substantial chanqe is ony amendment that does not meet the definition of a non-substantial
change omendment above, is otherwise determined by the Director to be a significant departure
from the original development applicotion or permit, or if the request is to chonge o specific
condition of approval required by the Board of County Commissioners
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