COUNTY COMMISSION MINUTES 11-26-07 - ZONING & CODES

(TA-12-26-07)
The Board discussed with members of the Rural Zoning Committee draft revisions to the Douglas County Zoning Regulations. Present for the discussion were Mary Miller, Lawrence-Douglas County Metropolitan Planning Department; Grant Eichhorn and Jeff Chaney, Rural Zoning Committee; and Linda Finger, Resource Planning Coordinator. The most significant revisions being proposed are:
• Change of Zoning District Designations and consolidation of Commercial and Industrial Districts into 2 categories each.
• Addition of an Agricultural Residential Overlay District. Property which is divided into parcels less than 20 acres will automatically be placed within this overlay district. Purpose is to allow zoning designation to accurately reflect land use.
• New zoning district to permit institutional and public uses in the County. Many uses which were previously permitted in the Ag District would now be permitted in this new zoning district.
• Revision to uses which are permitted by CUP to update uses.
• Addition of independent review language to the County cell-tower standards.

Jones asked if the proposed revisions represent any significant policy changes. Miller stated the major policy issue would be condensing the Commercial and Industrial into two districts. Staff is working on a draft for review. Jones stated the main purpose of the reformatting is to make the policies easier to read and understand. He asked who has been involved in reading the proposed revisions. Miller stated she has received comments from Planning Staff, but has not put the revisions out for external review yet.

Jones asked the time frame for completing the draft. Eichhorn stated when Staff is finished with the draft, the County Commissioners and Keith Dabney will receive a copy for review, and then it will be passed to the Planning Commission. Jones stated he would like to see this completed by January 2009. Finger stated the current Zoning Regulations are out of sync with Horizon 2020. The reason for the reformat is to be compliant with Horizon 2020. Regarding the Type 3 Home Occupations, it was her understanding the intent was to find another type of industrial category that was somewhat limited so it didn’t require a lagoon system, but still allows the consolidation of businesses needing large land area, but little or no employee base. Jones stated if there is only one Type 3, he doesn’t feel it is necessary to spend the time creating another category. The Board had originally intended to create an industrial area for these types of business, but it seems like a lot of work for one user. Finger asked if the Board wants to continue to allow the existing Type 2 home occupations. Johnson stated he does, he has not heard of any type of neighborhood complaint against any new or existing Type 1 or Type 2 Home Occupation business.

Finger stated the home occupation regulations do not comply with policy because there is nothing in Horizon 2020 that is helpful to support the home occupations that were adopted. Jones stated things seem to have come to order. Finger asked if CUPs are the answer. According to Finger, some of the Type 1 and Type 2s are construction based, and just a smaller version of what the Type 3 was. They are still an industrial type of use. There is nothing in Horizon 2020 to support that. Jones stated he has not heard of a problem and does not want to stir up one. Johnson stated we do not have a problem with a Type 2 relocating or starting up a business if they go through the process and get a permit, so there is no problem. 

It was the consensus of the Board to not make changes in the home occupation policy at this time and for Staff to proceed with the Zoning Regulation revisions. The Board thanked Staff for bringing to them the outstanding issue of how Type 3 regulations are written to expire.  The consensus of the Board is not to change zoning or the comprehensive plan, but to address how to bring the Type 3 into a Type 2 category. 

Jones stated he would like to see a serious discussion of Condition Use Permits before the end of 2008 and also adopt a policy on developing new roads and the extension of existing roads.