Land Development Regulations : Section 2 – Waivers (and related sections) Regulation Update Board of County Commissioners Hearing December 9, 2014 Continued from

The purpose of the continuance? At the November 25 th hearing, the BCC directed staff to re-examine the appeal language in the draft regulations. It appeared to staff that the BCC was concerned that the proposed appeal process might be abused, or lead to longer processing times.

What are the current regulations? Applicant can appeal a denial. Notice may be required. BCC cannot overturn a waiver granted by the Planning Director.

Summary of proposed changes: Option A Revised appeal language to require appeal to be specifically about the alternative standard. Option B Only applicant may appeal – either a denial or approval with conditions. Public Notice only required when the Director determines it necessary.

Option A: A decision on a request for alternative standards/requirements by the Director of Planning and Zoning may be appealed to the Board of County Commissioners. The appeal may be by the applicant, a citizen, or any other entity. Appeals must be directly related to the alternative standards/requirement, and not the merits of the related application. The request for appeal shall be in writing and shall state the specific reasons and evidence why the Director of Planning and Zoning’s decision regarding the alternative standards/requirements should be overturned. The appeal shall be submitted to the Planning and Zoning case manager. Applications for appeals that do not meet the above prerequisites will be rejected.

Option B (appeal): The decision on a request (denial or approval with conditions) for alternative standards/requirements by the Director of Planning and Zoning may be appealed by the applicant to the Board of County Commissioners. The appeal may be by the applicant, a citizen, or any other entity. The request for appeal shall be in writing and shall state the specific reasons and evidence why the Director of Planning and Zoning’s decision regarding the alternative standards/requirements should be overturned. The appeal shall be submitted to the Planning and Zoning case manager.

Option B (notification): The Director of Planning and Zoning may require public notification prior to making a decision on a request for alternative standards/requirements. Such notification, when required, shall be in accordance with the standards established in the Notification Section.

Recommendation Staff recommends Option B, as this option is closest to the current regulations, and will not increase the number of appeals, nor allow the appeal process to be used as a way to delay development.