COUNTY COMMISSION MINUTES 06-23-08 - WORK SESSION

(TA-06-10-08 & TA-06-11-08)
Several members of County Staff and the City/County Planning Staff attended a work session with the Board on the application process and procedure issues for unresolved items related to the Subdivision, Zoning, or Access Management Regulations. Items discussed were presented in briefing papers prepared by staff for the Board. General discussion and actions related to these Briefing Papers are as follows:

POLICY DISCUSSION:  Unintended or Unresolved Consequences<-xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" />
Regulations	Briefing Paper	Issue	Assigned
<-xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />LAND USE: Subdivision Regulations	Briefing Paper 1 Will be handled in a memo not a briefing paper.	20-801(d)(2) Process for division of a property owned and developed by a public utility – exemption or platting.  Should same process or a different process apply to municipal buildings and township/community service buildings-	Linda/Evan ü BOCC accepted staff recommendation to make no changes to regulations
	Briefing Paper 2	Creation of Residential Development Parcels from a Parent Parcel and ability to create only one instead of a minimum of 2	Mary ü BOCC initiated text amendment for July PC mtg
	Briefing Paper 3	Redefining the environmentally sensitive lands section to apply only to those features which are clearly definable by another source such as Floodway, Floodway Fringe, and Jurisdictional Wetlands.	Mary ü BOCC initiated text amendment for July PC mtg
	Briefing Paper 4 Will be handled in a memo not a briefing paper.	What are viable uses for vacated, reclaimed right-of-way and how should the divisions created by vacation be viewed in regard to exemption and vested rights sections-	Linda/Evan ü BOCC accepted staff recommendation to make no changes to regulations
	Briefing Paper 5	Property in agricultural production that has less than 40 acres; how is this to be treated when an outbuilding/accessory building is requested-  Administrative policy sets 40 acres as minimum for a farm/ag use of land.  Should this be codified in regulations – zoning or subdivision-	Linda/Keith D ü BOCC directed staff to prepare a resolution to codify existing administrative policy in regard to determination of agricultural use
LAND USE : Subdivision Regulations and Zoning Regulations	Briefing Paper 6	Consideration of ability to develop second dwelling on land for family member (senior or adult child w/ special needs) without creating a new land division or separate ownership for second dwelling	Linda/Keith ü BOCC directed staff to prepare amendment to Guest House in Zoning Regulations
LAND USE: Subdivision regulations, Zoning Regulations, and Access Management Regulations	No paper – Was determined on 05/05/08 by County Commission to be a policy issue; not a regulatory amendment issue.	Existing approved private roads with less than approved number of dwellings and ability to now created divisions accessing pvt.  road in accordance with prior approval for divisions.  What process/procedure should be followed – is there a need to create an exemption or vested rights section to address this issue or should there be an administrative waiver, BOCC appeal procedure be created-	Linda/Keith D ü No action taken – BOCC previously ruled on this issue on 05-05-08.
LAND USE: Subdivision Regulations and Access Management Regulations	Briefing Paper 7	Further discussion & definition of how and when steep slopes should be applied in rural residential development and road issues	Linda/Keith B ü BOCC initiated text amendment for July PC meeting
LAND USE: Subdivision Regulations and Zoning Regulations consistency on application of Article 18 to Certificates of Survey	Briefing Paper 12	Making regulations consistent with administrative application of requirements in Article 18 of Zoning Regulations to Certificates of Survey prepared for developments in 20-804, 20-805 and 20-806	Mary ü BOCC initiated text amendment for July PC meeting
WAIVERS AND APPEALS: Subdivision Regulations	Briefing Paper 8 & Briefing Paper 9 & Briefing Paper 10	20-810 & 20-813 Explore need/standards for an administrative waiver procedure from design standards _____________ 20-807 Further direction on appeals from Certificate of Survey process and criteria for when an appeal goes before BOCC and when appeal goes to Planning Commission.  In conjunction with this, explore need/criteria for an administrative waiver procedure in lieu of appeal from Certificate of Survey denial. _____________ 20-813(f) Should there be an administrative waiver from the Minor Subdivision or Final Plat requirements procedure and under what criteria can a waiver be requested-	Joe ü BOCC directed staff to revise with more administrative authority given to the Planning Director and less review required by Planning Commission.  Administrative waiver procedure needs to be added to the process.  Return to BOCC with revisions for initiation of text amendments
WAIVERS AND APPEALS: Zoning Regulations [Article 18]	*[This issue was address as part of the 03/05/08 work session.]	Explore creation of  an administrative waiver procedure to correspond with when variance from access standards is approved by Public Works Director to avoid conflicting signals and regulations	Linda ü Completed as part of 3/5/08 work session.

Several motions were made and approved unanimously regarding regulations and the initiation of text amendments on the above listed items. The policy decisions are identified in the last column.