COM 0331.003 2006-2008 - Laserfiche WebLink

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Honorable K. Angel Pilago, Chair and Members of the Committee on Planning COMMITTEE ON PLANNING Page 4 May 14, 2007 an essentially open-ended power to impose such conditions, but if so, it is not clear whether the planning director is limited to the conditions recommended by the council, or whether the planning director will also be given open-ended power to put conditions on subdivisions on an ad hoc, case-by-case basis, rather than being limited to requirements spelled out in a code. The fact that the resolution mentions the large extent of development possible under existing zoning suggests that this is an attempt to reconsider the zoning at the subdivision stage. For example, that the council could recommend that a subdivision to 10,000 square foot lots in an RS-10 zone be approved only on condition that the lots be at least 20,000 square feet, and that the planning director would have the power to do that. If that is the intent, it would be fairer and more forward-looking to review zoning and initiate changes to the zoning, rather than wait until the owner has spent the money to prepare a subdivision plat. The council does have the power to initiate rezonings. This can raise problems with vested rights (when the landowner has the right to develop according to zoning because of investments made in reliance on a final approval) but this same problem will come up if a change is attempted at the time of subdivision. The council also has the power to change the overall rules that apply to subdivisions. For example, the administration is proposing an amendment to the county housing policy, Chap. 11, that will require all new subdivisions to provide affordable housing (except for those projects that have previously fulfilled their affordable housing requirement.) From a strictly practical and institutional point of view, having public presentations to the planning commission and council on roughly 40 subdivisions per year will require a substantial increase in planning department staff. This is approximately the number of rezoning applications that the planning department staff prepares for hearings at the planning commission every year. It would probably require two additional staff planners and an additional clerical staff member to implement a system where subdivisions of seven lots or more must go to the planning commission and the county council. My recommendation is that the council should set the overall rules and requirements for subdivisions through the Subdivision Code and related laws, and that the subdivisions should be reviewed administratively in the planning department. If we want to change the potential use of an area from its current zoning, the council or the planning director should initiate a change of zone rather than wait for a subdivision application.