Update on Rural Recreational Zone Text Amendment

Some constituents have inquired about the status of the rural recreational zoning ordinance text amendment (ZOTA), so I am providing a brief update on where the policy issue stands.   For more background on the ZOTA please see my earlier blog post here.

LegislativeHistory

Here is a timeline of the rural recreational ZOTA’s progress through the legislative process so far:

  • February 12, 2012 – Former Vice Mayor Linda Gorton created the Recreational Zoning Ordinance Text Amendment Work Group to study how to update zoning ordinances regarding possible new opportunities for ecotourism,  agritourism, and other commercial uses in the rural area.
  • May 23, 2013 – The Work Group delivered its final report to Council.
  • June 6, 2013 – The Council approved the final report during a first and second reading at a Council Meeting and instructed the Division of Planning to draft a zoning ordinance text amendment for the Planning Commission to consider.
  • October 23, 2014 – Planning staff present the ZOTA at a Planning Commission public hearing. The Planning Commission made no recommendation to Council at that time. The minutes on this issue from that meeting are available here.
  • March 26, 2015 – The Planning Commission held a second public hearing related to this issue.   The Planning Commission also made no recommendation to Council at that time. The minutes on this item are available here.
  • June 25, 2015 – The Planning Commission held the third public hearing on zoning items on which the ZOTA was part of the agenda. On a split vote the Commission approved an amended version of the ZOTA and recommend approval to Council.  You can watch a video of this meeting here, and you can view the recommended ZOTA by clicking here.
  • August 27, 2015 –  Council voted unanimously to table the recommended ZOTA  rather than give the ordinance first reading. The rationale given for tabling the ordinance was to allow for further council consideration and public input, in part because so many members of council were new and not familiar with the history and the intricacies of the issue . You can view that meeting by clicking here.
  • November 11, 2015 – Planning staff presented a recreational ZOTA workshop and answered numerous questions from Councilmembers.

What is at Issue?

The main area of disagreement when the Planning Commission voted, and the likely area of concern when the issue is before Council, is whether a set of proposed uses for the rural area should be  “principal uses” or “conditional uses.”  Principal uses are always allowed in a zone “by right.” Conditional uses require approval by the Board of Adjustment.  There is a further important distinction between  “conditional use” and  “conditional zoning.”  A conditional use permit is detailed, includes specific restrictions, is reviewed annually, and can be revoked if the holder does not meet the prerequisite conditions.  Conditional zoning, in contrast, only applies once and the zoning cannot be revoked.  I anticipate discussion related to how these differing levels of restriction might apply, for example, to proposals for commercial hiking and biking trails as well as other potential uses.

Next Steps

Given that Council tabled the ZOTA, there is no time constraint for Council to act on the legislation.  However, I expect it will be removed from the table and placed back in active consideration within the next month. Council can then choose to do one or more of the following: refer the issue to a standing committee; create an ad hoc committee to further review the issue; hold a public meeting; hold a formal public hearing with legal notice, docket the legislation for a vote. On so important an issue, which will have substantial and long-range implications for our rural lands, the the challenge is to balance the need for full discussion and consideration with the need to finally take action.

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