Administrative Code Amendment Planning Commission January 5, 2017

Purpose of code amendment Streamline and simplify the processing of frequent & minor petitions by public Save time and money for the applicants and County tax payers through increased efficiency within the Planning Department Increase administrative processing of land use permits Cleaning up, clarify, and adjust appropriate code Sections Adopt standards/safeguards to ensure appropriate application of delegated authorities granted by the BOCC The BOCC has ultimate authority and with that authority has the ability to delegated it. It’s this delegation of authority which is allowing the PC and Staff to process applications on the Boards behalf. However, when Staff, PC, or JPC make a decision on their behalf, there are “Call-up” provisions of the code which allow the Board to hear the project.

Determinations & Call-ups A determination is a formal administrative action. A “call-up” has been designed for affected parties to have a land use application re-heard within the County process directly to, and by the Board of County Commissioners.

Updates All blue line edits are new since meeting on 12.22.2016 Clarification of blueline edits Retain existing BOA hearing timeframes (60 Days) Retain existing JPC call-up timeframes (20 days) Retain existing City Council call up language

Ch. 62, Definitions Director Determination, New & important Administrative Land Use, Proposed to be determined by Planning CL I, Proposed to be heard by PC CL II, Proposed to be heard by JPC or BOCC Special Uses, Proposed to be processed as CL I Cleaning up of existing definitions A few new definitions (e.g., Site Plan, Sketch Plan) which add needed clarity Redefining processing of Class I & Class II land use permits (Special Use is proposed to proceed through CL I since parameters are already established) Talk briefly about call-up procedures pursuant to Sec. 82-91

Ch. 82, Land Use and Development Permits - Administrative land use permit Clarifies Directors ability to classify projects, and make determinations Restructures Administrative process to allow for certain project modifications, Boundary adjustments, Lot consolidations, Final plats, Special events Includes requirements for specific evaluations as outlined in 82-2(b) Project mod – 82-15, not change in mitigation or impact BA & LC – 82-11 Final Plat – 82-95 Special Event – 82-13

Ch. 82, Land Use and Development Permits - Determination letters Planning Director or Public Works Director responsible for making formal determinations Identifies circumstances when a determination letter must be used Identifies elements of determination letter Allows for formal process to hear an appeal by the Board of Adjustment

Final plats to be approved via administrative land use permit Ch. 82, Land Use and Development Permits - Subdivisions, Boundary Adjustment & Lot Consolidations Final plats to be approved via administrative land use permit Boundary adjustments and lot consolidations to be approved via administrative land use permit Clarifies process, requirements, and standards for action identified above Changes made since 12.22.2016

Ch. 82, Land Use and Development Permits - Temporary uses Subject to Class I process Clarified specific submittal requirements

Ch. 82, Land Use and Development Permits - Adjustments; modifications Identifies specific criteria when an existing permit can be adjusted by Planning Department without requiring a hearing for a new land use permit Creates two different categories Adjustment (determination letter) Modification/re-permit (administrative re-permit) so long as use is less impactful If request exceed modification criteria, it shall require a new land use permit Subject to call-up provisions

Ch. 82, Land Use and Development Permits - Call-up procedure Important section to ensure accountability to BOCC of their delegated authority Clearly identifies who is eligible to “call-up” an approval to the BOCC Clearly identifies the process and requirements for a “call-up” procedure Clearly identifies the timeframe within which a “call-up” can occur This is important

Ch. 82, Land Use and Development Permits – Compatibility Assessment Identifies compatibility measures which must be evaluated when a permit adjustment or modification is sought (sec. 82-15) Expanded definitions to more clearly identify compatibility metrics Clarifies neighborhood compatibility meeting requirements This is important

Ch. 82, Land Use and Development Permits – Zoning Clarifies that “use permitted by right” shall not require a land use permit Allows special use permits to be processed as a CL I instead of as a CL II This is important

Summary of code amendment intended outcomes Amendments include adequate standards/safeguards to ensure appropriate application of delegated authorities by the BOCC Streamlined and simplified processing of frequent & minor petitions Saves time and money for the applicant and the County (tax payer) through faster permit processing Increased administrative processing of land use permits Cleaned up, clarified, and adjusted appropriate code Sections The BOCC has ultimate authority and with that authority has the ability to delegated it. It’s this delegation of authority which is allowing the PC and Staff to process applications on the Boards behalf. However, when Staff, PC, or JPC make a decision on their behalf, there are “Call-up” provisions of the code which allow the Board to hear the project.