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File #: [19-0406]    Version: 1 Name:
Type: Discussion Item Status: Passed
File created: 4/15/2019 In control: Town Council
On agenda: 5/1/2019 Final action: 5/1/2019
Title: One Year Update on Conditional Zoning and Consider an Administrative Procedural Change.
Attachments: 1. Draft Staff Presentation, 2. Staff Report, 3. Staff Presentation, 4. Council Questions with Staff Response, 5. Process Comparison Chart, 6. A RESOLUTION AMENDING THE ADMINISTRATIVE PROCEDURE REGARDING CONDITIONAL ZONING TO ALLOW CONDITIONAL ZONING APPLICATIONS WHICH REQUIRE LAND USE PLAN AMENDMENTS TO BE CONSIDERED CONCURRENTLY (2019-05-01/R-5)


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One Year Update on Conditional Zoning and Consider an Administrative Procedural Change.
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Staff:
Department:
Ben Hitchings, Planning Director
Planning
Alisa Duffey Rogers, LUMO Project Manager

Judy Johnson, Operations Manager


Overview: In order to permit greater dialogue between the Council and stakeholders when significant projects are proposed, Council enacted amendments to the Land Use Management Ordinance expanding the use of conditional zoning in November of 2017 and March of 2018. The Council spent time during those hearings considering whether to separate the rezoning process from the consideration of the Land Use Plan amendment when proposed projects were deemed in consistent with the Land Use Plan. The general policy guidance to the staff was to consider those actions in a linear manner. One year after enactment, there has been very little usage of the conditional zoning tool. The purpose of this item is to provide an update on its use and to discuss whether the current procedure reviewing Land Use Plan amendments (when required) concurrently with conditional zoning applications would make the conditional zoning tool more effective.


Recommendation:
That the Town Council amend the administrative procedures to permit conditional zoning applications requiring a Land Use Plan amendment to be considered concurrently, rather than sequentially.

Key Issue:
* When a proposed conditional zoning district also requires a Land Use Plan amendment due to inconsistency with the Land Use Plan, the existing practices is that the Land Use Plan be amended prior to receiving and considering the application for the proposed conditional zoning district. Should this policy continue or should the Land Use Plan amendment and the proposed conditional zoning district be considered concurrently?
* Applicant feedback during this first year is that the linear review adds time to the process, and they are therefore instead requesting a conditional use rezoning pa...

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