Here are some questions/concerns I have about this bill.
Zoning questions: This new Section will be in Chapter 3 Local Regulations of Subdivisions yet it very much about zoning. (3)(ii) says the DA is based on an approved subdivision or an approved zoning permit or variance authorized under Chapter 2. Seems odd to have a tool that can be used for zoning projects in subdivision regulations. (4)(b) says the DA has the force and full effect of a land use regulation adopted under chapter 2 or this chapter. If the DA has to go through a public hearing and it has the same effect as zoning, can it be protested like zoning? (4)(e) The DA can only happen where zoning regulations have been adopted but this line says it also has to be consistent with the growth policy. Does this elevate consistency of growth policy to the same level as being consistent with existing zoning? What if they conflict?
Other issues: (6) It says the execution of a DA is a proper exercise of a governing body's police power. Does this mean this law will give the County, who has 'general powers' to use DA's? (9) Does this mean that if a County enters into a DA and the property is annexed later while still under the DA does the City take over managing the contract? In 76-3-610 (c) why the choice as to needing a DA or not in order to extend the subdivision approval for 1 additional year? I find this whole revision to approval periods to be unnecessarily confusing. Denise
Denise Alexander wrote:
ReplyDeleteHere are some questions/concerns I have about this bill.
Zoning questions:
This new Section will be in Chapter 3 Local Regulations of Subdivisions yet it very much about zoning.
(3)(ii) says the DA is based on an approved subdivision or an approved zoning permit or variance authorized under Chapter 2. Seems odd to have a tool that can be used for zoning projects in subdivision regulations.
(4)(b) says the DA has the force and full effect of a land use regulation adopted under chapter 2 or this chapter. If the DA has to go through a public hearing and it has the same effect as zoning, can it be protested like zoning?
(4)(e) The DA can only happen where zoning regulations have been adopted but this line says it also has to be consistent with the growth policy. Does this elevate consistency of growth policy to the same level as being consistent with existing zoning? What if they conflict?
Other issues:
(6) It says the execution of a DA is a proper exercise of a governing body's police power. Does this mean this law will give the County, who has 'general powers' to use DA's?
(9) Does this mean that if a County enters into a DA and the property is annexed later while still under the DA does the City take over managing the contract?
In 76-3-610 (c) why the choice as to needing a DA or not in order to extend the subdivision approval for 1 additional year? I find this whole revision to approval periods to be unnecessarily confusing.
Denise