2007-12-12 TPD-NONSIGZONECHNG - Laserfiche WebLink

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unilaterally make zoning adjustments or zoning changes to property. There are some restrictions on it; under the current Zoning Code, the basic restriction would be that you cannot increase the density of property. So to give you an example of a fairly common and legitimate use of a nonsignificant zoning change, in many resorts, the golf courses are zoned Open, and they have residential areas zoned Residential that line the golf courses. So these zonings went in typically by, strictly by metes and bounds, and the applicant had an idea of how they were going to lay out the golf course and homes. But in the actual course of development after the zoning happened, they might want to change the boundaries of the golf course. As a result, they might want to build homes where the golf course was supposed be and vice versa. So the nonsignificant zone change allows them to make an application to the Planning Director. There is notice to adjoining property owners, there is a procedure for this, but it does not involve the Council. So the Planning Director can make this kind of zoning change. My proposal here is, I feel that the current wording of the nonsignificant zone change is too wide-open and allows too much leeway. There have been instances where areas involving considerable acreages have been swapped, including changes where different densities have been moved over noncontiguous properties and involving considerable acreages and considerable distances. Before 1996 the nonsignificant zone change was limited to a maximum of one acre or five percent of a given parcel, whichever is less. So this amendment would change the wording of the Zoning Code back to the limitations in 1996 from what is currently allowed under the nonsignificant zone change. GRAHAM: Do we have any questions from the Commissioners? Commissioner Siracusa? SIRACUSA: Yeah, suppose you had a lot and five percent, if you rezone that five percent, it would not be – what’s the word I’m thinking of, when the zoning is different than the number of acres, begins with the “c” –? YUEN: Nonconforming? SIRACUSA: Nonconforming, right. YUEN: And what is your question? SIRACUSA: So you change the zoning on five percent, but that five percent then would not be in conformance. YUEN: Well, you could change up to five percent of the parcel or one acre, whichever is less. So in a case of a 100-acre parcel, five percent would be five acres, but you couldn’t change five acres; you would be limited to one acre. On a 10,000, well, on a one-acre lot – let’s see – five percent would be whatever five percent of 40,000-something square feet is, so you would have a maximum of 2,000 square feet that could be changed by a nonsignificant zone change. If the lot was, say the lot is 40,000 square feet, your limitation would be five percent, which would be 2,000 square feet that could be changed by a nonsignificant zone change. That’s how it would work. EXHIBIT C 2