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4/26/1988
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4/26/1988
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
04/26/1988
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certain tests: "fairness, reasonableness, consistency, and <br />predictability." Conversely your zoning policy and your <br />management of land use cannot be the result of a single idea that <br />it might be a good idea to do it. Mr. Parks noted that he has <br />heard statements made today by staff that there were neighborhood <br />concerns about the zoning pattern. There is a proper place for <br />concern in developing land use regulations, but that concern has <br />to be backed up by an objective analysis of whether it is a <br />legitimate concern in the public interest and meets the tests of <br />reasonableness, consistency, etc. Downzoning by its nature is <br />fraught with problems, and this is for good reason as downzonings <br />very rarely meet these criteria: Zoning is not a land use policy <br />making activity; your Comprehensive Plan is the policy making <br />activity, and invariably downzoning is an attempt to change the <br />policy of the city. <br />Chairman Scurlock asked what happens if you found out that <br />you were lied to when you made the original decision. You were <br />given to understand a certain set of facts by the owner of the <br />property and that later changed. <br />Mr. Parks advised that would come under the subject he is <br />going to touch on later - whether or not there has been a change <br />in conditions or whether an error occurred. He, however, did not <br />know anything about the history of that. <br />Mr. Parks continued that he sees that staff now has recom- <br />mended that only part of the property be downzoned, but that is <br />an attempt to change. development policy by a zoning map amend- <br />ment, and he could find no support in the county's body of policy <br />in the Comprehensive Plan that would say given the circumstances <br />we have at this intersection on two arterials it is appropriate <br />to reduce commercial zoning here. Mr. Parks contended that two <br />conditions should be met - a change of conditions or a prior <br />error. If he looks at this site as an objective outside planner <br />without any interest in the property, he can see in his mind the <br />evolution of the U.S.I corridor and the land use transition that <br />49 <br />APR2 198 <br />Boor 72 EsUi?08 <br />
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