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Boa 99 PAcE 30.7 ANALYSIS: The County Attorney has determined that there are no provisions for the Board to grant a variance or to waive the Chapter 300 requirements. Therefore, the only relief for Ms. Fothergill is a change to Chapter 300 of the county code. For decades, the county has required separation distances between establishments selling or allowing consumption of alcoholic beverages and churches and schools. In the 1960'x, the county reduced the separation distances to legalize certain types of bar uses in the Gifford area. The intent of the separation distances is to prevent certain negative aspects of having bar uses close to churches and schools, including minimizing the risk of minors obtaining and consuming alcoholic beverages. In staff's opinion, the code could be modified to distinguish between bars and restaurants, or to exempt separation distances for churches or schools located on commercially zoned property, or to reduce separation distances where hours of operation are limited. In fact, the Sheriff's Department has recently indicated an interest in amending Chapter 300 regulations. For the past several months, county staff have been working with the Sheriff's Department's C.O.P.E. Unit concerning modifications to Chapter 300 standards. Last June, planning staff sent the Sheriff's Office a report and analysis addressing some of the same types of issues with which Ms. Fothergill is concerned. That report suggested that the Sheriff's Office coordinate closely with church groups and other interested parties (e.g. schools) and formally request a code change. Although planning staff has not been contacted by the Sheriff's Office in recent months about Chapter 300 changes, the Sheriff's Office may still be interested in the Board considering some Chapter 300 changes. In staff's opinion, there are good reasons, expressed in the report staff sent to the Sheriff's Office in June, for the Board to consider changing some of the Chapter 300 regulations. Since Chapter 300 is not a part of the Land Development Regulations (LDRs), the lengthy LDR amendment process does not apply. To amend Chapter 300, the Board needs only to have a public hearing and approve the amendment by a majority vote. It is staff's opinion that the Board should direct the Attorney's Office and planning staff to coordinate with Ms. Fothergill, the Sheriff's Office, and other interested parties and present possible changes to Chapter 300 for the Board's consideration. RECOMENDATION Staff recommends that the Board of County Commissioners direct the County Attorney's Office and planning staff to coordinate with Ms. Fothergill, the Sheriff's Office, and other interested parties and present possible changes to Chapter 300 for the Board's consideration. 64 OCTOBER 1, 1996