Planning Commission

AGENDA Planning Commission Meeting 6:30 PM - Thursday, February 15, 2024 Council Room Page 1. CALL MEETING TO ORDER 2. ROLL CALL 3. CONSIDERATION OF MINUTES 3.1. Adoption of Minutes 3-9 Recommended Motion: Approve the regular meeting minutes of January 4, 2024, as presented. January 4, 2024 Meeting Minutes 4. PUBLIC FORUM 5. NEW BUSINESS 5.1. Workshop Session 11 - 31 Recommended Motion: Conduct the workshop. No binding action may be taken. Agenda Item Report - AIR-24-035 - Pdf 6. ANNOUNCEMENTS 7. ADJOURNMENT February 15, 2024 Planning Commission Agenda Packet Page 1 of 31 February 15, 2024 Planning Commission Agenda Packet Page 2 of 31  January 4, 2024 Planning Commission Meeting Minutes MINUTES Planning Commission Meeting 6:30 PM - Thursday, January 4, 2024 Council Room The Planning Commission of the City of Derby was called to order on Thursday, January 4, 2024, at 6:30 PM, in the Council Room, with the following members present: PRESENT: Mitch Adams Gary Renberger Chris Voth Dana Quigley Dale Wells Jamie Werbin Michael Emond Weston Heflin Bruce Heseltine ABSENT: Jessica Rhein 1 CALL MEETING TO ORDER 2 ROLL CALL 3 CONSIDERATION OF MINUTES 3.1 Adoption of Minutes Gary Renberger moved, seconded by Chris Voth, to approve the regular meeting minutes of December 21, 2023, as presented. RESULT: Carried MOVER: Gary Renberger SECONDER: Chris Voth AYES: Gary Renberger, Chris Voth, Dale Wells, Jamie Werbin, Michael Emond, and Bruce Heseltine ABSTAINED: Mitch Adams, Dana Quigley, and Weston Heflin ABSENT: Jessica Rhein 4 PUBLIC FORUM Mayor-Elect Mark Staats addressed the Commission and thanked the Commissioners for their service. While the City Council may approve cases, the Planning Commission does most of the work and review when it comes to development in Derby. The Commission is the unsung heroes of the community which often must cope with anger and discontent from the public. Page 1 of 6 February 15, 2024 Planning Commission Agenda Packet Page 3 of 31  January 4, 2024 Planning Commission Meeting Minutes Without the Planning Commission, the development in Derby would not occur. Staats indicated his appreciation for the Commission and desire for the City Council and Planning Commission to work together but separately, without interfering with each other's responsibilities. Commissioner Adams congratulated Staats on his election as mayor and appreciates the kind comments. While it can be challenging, they are volunteers to make Derby a better community. Staats responded that while they are volunteers, Derby was built on volunteerism and those who have given their time, energy, and talents. While the work can be tedious, it is greatly appreciated. 5 NEW BUSINESS 5.1 Vacation: Access Easement on Lot 2, Block A, Hendricks Addition BACKGROUND: General Location:  Northwest of Rock Rd. and Windmill Rd. intersection, south of Fire Station 82, east of water tower (location map attached) Applicant/Agent:  Applicant: Cang Phu, Quik Invest LLC (Property Owner)  Agent: Parker Gehrer, K.E. Miller Engineering P.A. Reason for Request:  Vacate a platted 20 ft. wide access easement along the northwest and north property lines of the subject property to facilitate construction of a retaining wall and parking lot for an event center. Background Information:  The subject 20 ft. wide access easement was established with the platting of Hendricks Addition in 2018.The easement is adjacent to and partially encompasses the landscaped slope south of Fire Station 82. The original purpose of dedicating the easement during platting was to facilitate maintenance of the landscaping on the slope.  The property owner intends to regrade the property and construct a retaining wall and parking lot as part of the site improvements for an event center/venue. In order to permit the construction of the retaining wall and parking lot, the access easement must first be vacated. The attached exhibit provides a preliminary design of the proposed event center and the location of the subject access easement.  Site plan review and approval by the Planning Commission are required prior to site improvements on the property. The vacation of the access easement is the first step in the process. LEGAL CONSIDERATIONS:  KSA 12-505 requires the Planning Commission to consider specific findings of fact which serve as the basis for the Commission's recommendation to the City Council. The findings to be determined by the Planning Commission are as follows: Page 2 of 6 February 15, 2024 Planning Commission Agenda Packet Page 4 of 31  January 4, 2024 Planning Commission Meeting Minutes o Notice of petition to vacate and notice of the public hearing has been given in accordance with State law; o No private rights will be injured or endangered if the vacation is granted; o The Public will suffer no loss or inconvenience if the vacation is granted; and o In justice to the petitioner, the vacation should be granted.  At the conclusion of the public hearing, the Planning Commission should adopt a resolution stating its recommendation, with or without conditions, and announce the date upon which the City Council will consider the vacation. o A draft resolution has been prepared based upon staff's review of the vacation request. o The Planning Commission may instruct staff to modify the resolution as necessary to reflect the decision of the Commission. FINDINGS OF FACT: 1. Notice of petition to vacate and notice of public hearing has been given in accordance with State law: o Notice was published in the City's official newspaper, The Derby Informer, on December 13, 2023. o Official notice was mailed to property owners within the required notification area on November 30, 2023. o Signs advertising the public hearing were placed on the subject property on December 8, 2023. 2. No private rights will be injured or inconvenienced if the vacation is granted: o While not a utility easement, notice was provided to the following private utility agencies: Evergy, Kansas Gas Service, AT&T, Cox Communications, and Southern Star Central Gas Pipeline as part of the City's general notification process.  Evergy does not object to the request but provided the standard language that any relocation or removal of existing Evergy equipment will be a the applicant's expense.  Kansas Gas Service does not object and does not have any lines or equipment in the easements.  AT&T does not object to the request.  Southern Star Central Gas Pipeline does not object to the vacation request. o The subject property does not have direct access to Rock Rd. due to platted complete access control along Rock Rd. Instead, access to the site is achieved via a 30 ft. wide access easement along the west property lines that provides access to Sunset Dr. and Windmill Rd. The subject 20 ft. wide access easement is separate from the 30 ft. access easement and was never intended to provide public access to the subject site. Vacating the subject access easement will not inhibit access to the property. o Owners of surrounding private properties will not be injured or inconvenienced if the vacation is granted. The access easement was platted to facilitate maintenance of the landscaped slope south of Fire Station 81, a city-owned public property, and not intended to Page 3 of 6 February 15, 2024 Planning Commission Agenda Packet Page 5 of 31  January 4, 2024 Planning Commission Meeting Minutes provide access to private properties. 3. The Public will suffer no loss or inconvenience if the vacation is granted: o The subject easement is not a utility easement and was only intended to provide maintenance access. There are no public sanitary sewer, water, or stormwater sewer lines in the easement o Derby Fire and Rescue and Derby Public Works do not object to the vacation. Access to maintain the landscaped slope can be achieved without the access easement. o Staff has not received any additional inquiries or comments after mailing of the public hearing notification. The Commission will need to consider any testimony provided during the public hearing. 4. In justice to the petitioner, the vacation should be granted: o Vacating the easement will allow the applicant to proceed with site plan review and design of a retaining wall and parking lot to facilitate the development of an event center/venue space on the subject property. o There are no conflicts with private or public utilities. o A copy of the applicant's written statement, indicating why the vacation should be granted, is attached. RECOMMENDED MOTION  Adopt a resolution recommending vacation of a 20 ft. access easement on Lot 2, Block A, Hendricks Addition and forward a resolution to the City Council for consideration at its regular meeting on January 23, 2024. PUBLIC HEARING OPEN Commissioner Adams opened the public hearing and determined that a quorum was present. Adams asked if proper notice had been given. Everett Haynes, Assistant City Planner announced that proper notice had been given in accordance with State law. Adams asked commissioners to report any ex parte communications. There were no ex parte communications reported. Haynes introduced the agenda item. Adams asked if the applicant's agent desired to speak. Parker Gehrer, K.E. Miller and agent for the applicant, indicated from the audience that they accept staff's comments and are present to answer questions. Adams asked if anyone had signed up to speak at the public hearing. Seeing none, the public hearing was closed. Commissioner Wells asked if drainage is being addressed with the regrading and construction of a retaining wall on the subject property. Gehrer answered that drainage is being addressed with an internal stormwater sewer system that will drain runoff to a detention basin at the southwest corner of the addition. PUBLIC HEARING CLOSED 1. THAT PROPER NOTICE HAS BEEN GIVEN IN ACCORDANCE WITH LAW: Page 4 of 6 February 15, 2024 Planning Commission Agenda Packet Page 6 of 31  January 4, 2024 Planning Commission Meeting Minutes The Commission agreed with the written findings of the staff report. 2. NO PRIVATE RIGHTS WILL BE INJURED OR ENDANGERED: The Commission agreed with the written findings of the staff report. 3. THE PUBLIC WILL SUFFER NO LOSS OR INCONVENIENCE: The Commission agreed with the written findings of the staff report. 4. IN JUSTICE TO THE PETITIONER, THE VACATION SHOULD BE GRANTED: The Commission agreed with the written findings of the staff report. Chris Voth moved, seconded by Weston Heflin, to adopt a resolution recommending vacation of a 20 ft. access easement on Lot 2, Block A, Hendricks Addition and forward a resolution to the City Council for consideration at its regular meeting on January 23, 2024. RESULT: Carried MOVER: Chris Voth SECONDER: Weston Heflin AYES: Mitch Adams, Gary Renberger, Chris Voth, Dana Quigley, Dale Wells, Jamie Werbin, Michael Emond, Weston Heflin, and Bruce Heseltine ABSENT: Jessica Rhein 6 ANNOUNCEMENTS Commissioner Adams asked for announcements from the Commission. None were provided. Adams announced that the next meeting is January 18, 2024 and asked if any agenda items had been submitted. Scott Knebel, City Planner, answered there are no agenda items for the January 18 and thus it is canceled. The next meeting is February 1, 2024. Also, the schedule for the Zoning and Subdivision Committee meetings has been set and will begin on January 16, 2024. The Committee will meet five times. Adams asked if any Commissioners anticipated being absent from the February 1 meeting. Commissioner Werbin indicated he would be absent. 7 ADJOURNMENT Gary Renberger moved, seconded by Bruce Heseltine, to adjourn at 6:49 p.m. RESULT: Carried MOVER: Gary Renberger SECONDER: Bruce Heseltine AYES: Mitch Adams, Gary Renberger, Chris Voth, Dana Quigley, Dale Wells, Jamie Werbin, Michael Emond, Weston Heflin, and Bruce Heseltine ABSENT: Jessica Rhein Everett Haynes, Assistant City Planner, clarified that there is no February 1 meeting since no agenda items had been submitted. Page 5 of 6 February 15, 2024 Planning Commission Agenda Packet Page 7 of 31  January 4, 2024 Planning Commission Meeting Minutes Everett Haynes, Recording Secretary Mitch Adams, Chair Page 6 of 6 February 15, 2024 Planning Commission Agenda Packet Page 8 of 31  January 4, 2024 Planning Commission Meeting Minutes February 15, 2024 Planning Commission Agenda Packet Page 9 of 31 February 15, 2024 Planning Commission Agenda Packet Page 10 of 31 New Business Item Subject: Workshop Session Meeting: Planning Commission: February 15, 2024 Presented by: Scott Knebel, City Planner BACKGROUND: Article III, Section 5 of the Planning Commission By-Laws authorizes the Commission to meet at a regular or special meeting in a workshop session for a general discussion on one or more topics or for a training session. The Kansas Open Meetings Act applies and no binding action may be taken. Regular minutes are not required but a record of attendance and a brief summary of the subjects discussed will be made. Earlier this year, the City Manager arranged for a training session for new City Council members regarding planning and zoning. The training was well received, and the Chair of the Planning Commission requested that the training be provided to the Planning Commission in a workshop session. The attached presentation contains the training material, which will be presented and discussed at the workshop session. RECOMMENDED MOTION: Conduct the workshop. No binding action may be taken. ATTACHMENTS: Planning and Zoning 101 February 15, 2024 Planning Commission Agenda Packet Page 11 of 31  2/7/2024 Planning and Zoning 101 February 15, 2024 What is Planning? Planning is all about determining what outcomes the community would like to achieve. 1 February 15, 2024 Planning Commission Agenda Packet Page 12 of 31  2/7/2024 Authority for Planning & Zoning • K.S.A. 12-741, et seq., enables cities to enact “planning and zoning laws and regulations…” – Protection of the public health, safety & welfare • The act “is not intended to prevent the enactment and enforcement of additional laws and regulations on the same subject which are not in conflict with the provisions of this act.” (emphasis added) How Do We Plan? • Planning is a multi-step process used to reach well- considered decisions. • Two basic products of planning: – Plans • A guide for goals & things to be achieved – Regulations • A tool or vehicle to reach the goals 2 February 15, 2024 Planning Commission Agenda Packet Page 13 of 31  2/7/2024 The Planning Process 5 Basic Steps 1. Identification of problem or opportunity 2. Collect information on the problems or opportunities 3. Compare alternatives 4. Select a plan and put it to work 5. Monitor progress & revise as necessary 3 Key Documents 1. Comprehensive Plan 2. Zoning Regulations 3. Subdivision Regulations Derby Planning Commission • 10 members appointed by the Mayor with consent of the City Council (members also serve on the Board of Zoning Appeals) – At least 2 members must reside outside of City limits within Derby’s Urban Area of Influence • 3 year term of office – Staggered terms – Board Removal Ordinance • No compensation • Chairperson & Vice Chairperson elected annually – City Planner serves as Secretary 3 February 15, 2024 Planning Commission Agenda Packet Page 14 of 31  2/7/2024 Planning Commissions-Role “The purpose of the Planning Commission is to guide growth, development, and land use of Derby by promoting sound planning principles and practices.” --Derby Planning Commissioner Resources Handbook -Focus on big picture of community -Policy Recommendations -Think Forward -Decisions beyond today Responsibilities of the Planning Comm. • Review & decide planning cases or make recommendations to the City Council • Form recommendations based on the promotion of the community’s health, safety and welfare • Consider all research & information when forming a recommendation or making a decision • Give public a meaningful opportunity to participate • Respect all views and treat everyone in a fair mannerMake findings of fact. They should outweigh opinions. • Consider the interests of the entire community, not just those in the audience. • Consider the long-term consequences of present actions. 4 February 15, 2024 Planning Commission Agenda Packet Page 15 of 31  2/7/2024 Role of Planning Staff • Coordinate development of meeting agendas and staff reports • Provide complete, clear & accurate information and guidance to the Planning Commission and City Council to accomplish the goals in the Comprehensive Plan • Manage the day-to-day tasks related to planning • Provide technical & objective professional reviews of items to be considered by the Planning Commission and City Council • Provide consistency in applying planning & development processes between changing members of the Planning Commission and City Council • Provide technical assistance to the Planning Commission, City Council, developers, designers, builders, business owners, and the general public The Comprehensive Plan A document intended to articulate the vision of the future for a community by the people of the community. 5 February 15, 2024 Planning Commission Agenda Packet Page 16 of 31  2/7/2024 The Comprehensive Plan • K.S.A. 12-747 states that the comprehensive plan shall include recommendations regarding: a) Existing and Needed Land Uses b) Population & Building Intensity Standards c) Public Facilities, including Transportation System d) Public/Capital Improvement Needs & Urgency e) Public Expenditure Demands & Goals f) Utilization and Conservation of Natural Resources g) Any other element deemed necessary The Comprehensive Plan 6 February 15, 2024 Planning Commission Agenda Packet Page 17 of 31  2/7/2024 Zoning Regulations “Zoning is governed by a legal process that demands decisions based on facts, not on opinions. This is very difficult for most to do.” ---David Yearout, AICP Zoning Regulations K.S.A. 12-753 authorizes the formation of districts of “such number, shape, area and of such different classes, according to the use of land and buildings and intensity of such use as may be deemed suited to carry out the purposes of this act.” 7 February 15, 2024 Planning Commission Agenda Packet Page 18 of 31  2/7/2024 Derby Zoning Districts • Residential Districts – 4 primary districts (R-1, R-2, R-3, R-4) – 5 special purpose districts (R-1A, R-1B, R-1C, MH-1, R-PUD) • Non-Residential Districts – I-1 Institutional District – B-1 Office Business District – B-2 Neighborhood Business District (B2-A-special purpose district) – B-3 General Business District – B-4 Central Shopping District – B-5 Restricted Commercial, Warehousing and Limited Manufacturing – M-1 Industrial District – 3 Special Purpose Districts (B-2A, MU-1, PUD) • Overlay Districts – Accident Potential Zone – Flood Plain – Town Center Zoning Regulations • District boundaries are established by a map that is incorporated into the zoning regulations • Adoption process is similar to Comprehensive Plan – Planning Commission holds public hearing – Notice of hearing is published in the official newspaper • Time and place of meeting • Brief description of proposed regulations • Recommendation forwarded to the governing body 8 February 15, 2024 Planning Commission Agenda Packet Page 19 of 31  2/7/2024 Zoning Regulations Matters that can be addressed by zoning regulations include, but are not limited to: – Restricting the height, number of stories and size of buildings – The size of yards, courts and other open spaces – Population density – Location use and appearance of buildings, structures and land – Conservation of natural resources, including agricultural land – Use of land located in floodplains – Setbacks Planned Unit Development (PUD) The Planned Unit Development District is a base line Special Purpose District based on a Site Development Plan that depicts the general layout of the future land use types planned to be developed within the PUD along with written text that explains and details the developmental layout including: • Permitted uses • Development intensity • Increased (or decreased) density • Development standards – Height – Screening and landscaping – Others 9 February 15, 2024 Planning Commission Agenda Packet Page 20 of 31  2/7/2024 Rezoning • K.S.A. 12-757 provides the procedure for amending zoning regulations and zoning classification of a specific piece of land. • City Council or Planning Commission may initiate amendments to the regulations. • Amendment that only affects a specific property may also be initiated by the owner of the land. Rezoning • Proposed amendments must be submitted to the Planning Commission • Notice of public hearing published in the official city newspaper at least 20 days prior to the hearing • If proposed amendment is for specific property, additional notice is required – Mailed notice to property owners at least 20 days prior to hearing – Owners of property being rezoned/ those within 200ft/ 1,000ft if unincorporated area – Sign posted on the property 10 February 15, 2024 Planning Commission Agenda Packet Page 21 of 31  2/7/2024 Rezoning • Planning Commission makes recommendation to the City Council by majority vote of the members present and voting – Failure to make a recommendation is deemed a recommendation to disapprove the request unless the hearing is continued or the item is tabled • Governing Body may take action as follows: – Adopt the recommendation of the PC (majority vote) – Override the recommendation of the PC (2/3 majority vote) – Return the recommendation to the PC (majority vote) Protest Petitions • Protest petition(s) may be filed against the proposed amendment – Must be filed with the City Clerk within 14 days after conclusion of the public hearing – Signed by 20% or more of owners of record of property proposed to be rezoned OR – By 20% or more of owners of record of the total real property within the area required to be notified of the proposed change (200’ or 1,000’ notification area) • Valid protest petition triggers a supermajority vote of ¾ of all members of the City Council in order to approve the change 11 February 15, 2024 Planning Commission Agenda Packet Page 22 of 31  2/7/2024 Quasi-Judicial Review • Judicial in character, but not authority or function • Applies when the City Council is required to: 1. Investigate facts or make factual findings 2. Based upon presentations or evidence 3. Apply the facts to certain criteria for official action Quasi-judicial proceedings require due process Due Process • Requires that “the proceedings must be fair, open, and impartial.” • “Parties must be informed of the evidence submitted for consideration and must be provided an opportunity to respond and rebut the evidence.” McPherson Landfill v. BOCC Shawnee County, 274 Kan. 303 (2002) • Pre-judgment and undisclosed ex parte communications – Ex Parte = “one side only” or “from (by or for) one party” – Conflicts of Interest & Statements of Substantial Interest 12 February 15, 2024 Planning Commission Agenda Packet Page 23 of 31  2/7/2024 The Golden Rules Factors that the City Council considers during a rezoning review: • Character of the neighborhood • Zoning & uses of property nearby • Suitability of the subject property for the uses to which it has been restricted • Extent to which removal of the restrictions will detrimentally affect nearby properties • Length of time a property has remained vacant as zoned • Relative gain to the public health, safety and welfare by the destruction of the value of the landowner’s property v. hardship imposed on the landowner • Impact on community facilities • Opposition or support of neighboring residents • Conformance of the requested change to the adopted or recognized comprehensive plan • Recommendations of permanent or professional staff Reasonableness is the standard for review. Subdivision Regulations • Set minimum standards for placement of streets, water lines, utilities, and storm water drainage for proposed subdivisions • Govern lot size & placement and creation of open space 13 February 15, 2024 Planning Commission Agenda Packet Page 24 of 31  2/7/2024 Plat Reviews • Plat = Map or Drawing of a plan of a subdivision, submitted for approval, and, in final form, recorded • Platting is the process of subdividing land into lots, reserves, easements and streets and establishing the mechanism for financing infrastructure. • Specific requirements for platting are found in Subdivision Regulations – Promote harmonious development – Provide for proper location and size of streets, including pedestrian connections – Address extension of water, sanitary sewer, and drainage – Facilitate the efficient provision of community services – Ensure compatibility with Comprehensive Plan and Zoning Regulations – Provide a fair and uniform process of review Site Plan Reviews • Reviews arrangement of buildings, parking, pedestrian access, lighting, signage, and other considerations • Promotes safety and convenience for the public and preserves property values • Reviewed for substantial compliance with the Zoning Regulations and compatibility with the Comprehensive Plan • Planning Commission has ability to reduce and/or waive requirements as part of process • Decision of the Planning Commission is final (Site Plans are not reviewed by City Council) 14 February 15, 2024 Planning Commission Agenda Packet Page 25 of 31  2/7/2024 Vacation Requests • Request by a landowner, city, or developer to vacate an easement, right-of- way, reserve, dedication, and access control – Generally related to facilitating development or use of the property • State law requires consideration of 4 factors – Notice of the petition and notice of the public hearing has been given in accordance with State law – No private rights will be injured or inconvenienced if the vacation is granted – The public will suffer no loss or inconvenience if the vacation is granted – In justice to the petitioner, the vacation should be granted • Public hearing required with notification • Planning Commission makes a recommendation to the City Council Special Use Requests • Uses which may have the potential of creating adverse effects upon nearby properties or upon the character and future development of specific zoning districts • Require approval by the Planning Commission, with potential for an appeal to the City Council • Supplemental conditions designed to promote compatibility and limit adverse effects may be placed on the use • Zoning regulations set forth chart of eligible special uses • Considered in the same manner as rezoning 15 February 15, 2024 Planning Commission Agenda Packet Page 26 of 31  2/7/2024 Annual Review & Amendment of Zoning & Subdivision Regs • Zoning and Subdivision Regulations are the city’s primary tools for planning and enforcement • Annual review affirms that regulations are current and compliant with community’s goals and visions • Throughout the year while applying and interpreting the regulations, staff identifies areas of potential amendment or revision and the Planning Commission determines whether an amendment should be pursued Annexation Forms of Annexation • Consent Annexation pursuant to K.S.A. 12-520(a)(7) – Note: K.S.A. 12-534 & Agreement to Extend Municipal Services • Island Annexation pursuant to K.S.A. 12-520c • Unilateral Annexation pursuant to K.S.A. 12-520 • Annexation by Petition to Board of County Commissioners pursuant to K.S.A. 12-521 16 February 15, 2024 Planning Commission Agenda Packet Page 27 of 31  2/7/2024 Board of Zoning Appeals (BZA) Board of Zoning Appeals • K.S.A. 12-759(a) “Any governing body which has enacted a zoning ordinance or resolution shall create a board of zoning appeals…” • Three (3) basic functions of the BZA: 1. Hear appeals from decisions made by the official charged with administering zoning regulations. 2. Consider requests for variances. 3. Consider requests for exceptions. • Decisions of the BZA are final and are not a recommendation to the City Council 17 February 15, 2024 Planning Commission Agenda Packet Page 28 of 31  2/7/2024 BZA • K.S.A. 12-759(c)–(d) – Appeal hearing procedures. – May reverse or affirm, wholly or partly, or modify the official decision appealed. – May establish conditions. – May issue or direct issuance of permits. Variances BZA can grant variances. K.S.A. 12-759(e)(1) – Appropriate when literal enforcement of zoning regulations would result in unnecessary hardship. – Variances of development standards only, not use variances. – Requires a public hearing with notification. – Must meet 5 conditions: 1. Condition unique to property. 2. No adverse affect to adjacent owners. 3. Strict application results in hardship. 4. No adverse affect to public health and safety. 5. Variance not in conflict with general spirit and intent of zoning regulations. 18 February 15, 2024 Planning Commission Agenda Packet Page 29 of 31  2/7/2024 Exceptions • Permits deviations from the development standards of the zoning regulations such as height, setbacks, lot size, screening, etc. • Requires a public hearing with notification. • Decision based on factors stated in the Zoning Regulations: – Impact on surrounding property – Location and size of the proposed use – Adequacy of infrastructure, community facilities, and public services – Impact on traffic – Preservation of public health, safety, and welfare – Consistency with the Comprehensive Plan – Maintenance of the general spirit and intent of the Zoning Regulations – Extent of the hardship imposed on the property owner if the Exception is not granted – Uniqueness of the situation causing the need for the Exception – Compatibility with existing and permitted uses in the surrounding area Appeals • The BZA hears appeals from decisions of the Zoning Administrator – Denial of a Permit – Requirements or Conditions of Approval – Approval of a Permit or Request • Items to be considered – Basis of Zoning Administrator’s Decision/Interpretation of Applicable Rules – Testimony & Evidence of Aggrieved Party – Testimony & Evidence of Neighbors and the Public • Possible Actions – Affirm & uphold the decision of the Zoning Administrator – Modify the decision of the Zoning Administrator including addition of conditions – Reverse the decision of the Zoning Administrator – Continue the hearing for further discussion 19 February 15, 2024 Planning Commission Agenda Packet Page 30 of 31  2/7/2024 Non-Conformities • Historic term “grandfathered” replaced with gender-neutral, more- descriptive term • Refers to attributes of a property that existed prior to the establishment of the current zoning regulations that do not conform to current regulations • Non-conformities are allowed to continue unless: – Property damage exceeds 50% of the fair-market value of the property – Use is discontinued for 6 months (outdoor use) or 12 months (indoor use) – Use or structure is changed to be conforming (or more conforming) • The Zoning Administrator applies the zoning regulations pertaining to non-conformities with decisions able to be appealed to the BZA 20 February 15, 2024 Planning Commission Agenda Packet Page 31 of 31