Last Tuesday's meeting of Oriental's Planning Board included on its agenda discussion of Conditional Zoning.
As it turned out, the board did not discuss Conditional Zoning, but it seems worth reviewing the issue.
Conditional Zoning provides a legal way to negotiate with developers for exceptions to the rules of a particular zoning district. The changes would affect only a particular parcel and only for a particular business use. If the use went away, the rules would revert to those previously existing. It is a procedure that has proven useful in large cities with many specialized commercial and business districts. Some of us on the planning board at the time thought it might be useful to learn more. Maybe it could work in Oriental.
In 2007, Oriental contracted with ECC, our regional COG, for part time services of a planner, Mr. Rob Will. When Mr. Will briefed the Planning Board and the Town Board, providing examples of how CZ has been used in other places, I concluded that it would be of little use in Oriental. Because CZ can only be applied at the request of the property owner, and only for the purpose of attaining zoning rules already existing elsewhere in the Town, it seems unlikely it would be of any use in either of our two multiple use districts. That leaves its only possible use as a way of rezoning existing residential districts for business.
Of the existing residential districts, a large part of R-1 is covered by restrictive covenants, which would not be subject to Conditional Zoning. That leaves R-2 and R-3 as the most likely targets.
After extensive preparation of a proposed amendment to the Growth Management Ordinance, the Town Board scheduled a public hearing July 1, 2008, continued to August 5, 2008. A substantial majority of the public attending the hearing strongly opposed the measure.
On August 5, 2008 the Town Board voted to table the Conditional Zoning proposal until after a Comprehensive Plan was created.
No Comprehensive Plan was created during the tenure of that board.
If Conditional Zoning is to be considered again, the process should begin anew.
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1 comment:
As I recall, the issue originally arose in connection with an applicant for annexation and MU zoning for a large parcel bordering on residential properties. The town was loathe to grant the property the relatively unbridled freedom of activity, and the applicant wouldn't come in without it.
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