Grant - PowerPoint Presentation

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Grant County Zoning Ordinance ReviewPublic Comment Forum

Todd Kays:

Executive Director

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1

st

District Association of Local Governments

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History

Draft is based upon 9 Planning conversations held between March and November 2015

Planning Commission reviewed Draft on 1/5/2016

Revisions were made and posted on Websites and at Courthouse on 1/8/16Slide3

TimelineJanuary 5, 2016:

 Tonight’s meeting

January 8, 2016:

  First District delivers updates based on comments on Jan 5, 2016 and drafts are posted on First District and County Web sites

January 19, 2016 5:30pm:

  Public Comment Meeting

January 22, 2016:

 First District delivers draft with any proposed changes from 1/19/16 meeting

January 27, 2016:

  Joint Public Hearing and 1

st

Reading Notice published

February 9, 2016 – 7pm:

  Joint Public Hearing held – PC makes recommendation and County Commissioners hold first Reading by title

February 17, 2016:

  County Commission 2

nd

Reading notice published

March 1, 2016 – 9am:

  County Commission hearing, 2

nd

reading and action on ordinance

March 9, 2016:

  If Approved Notice of Adoption published

March 16, 2016:

  If Approved Notice of Adoption published

April 5, 2016:

  Ordinance in effect unless referredSlide4

Changes From Draft Posted on 1/8/16

Page 5 and 12 Slide5

Tonight’s PurposeThe purpose of this meeting is to allow the public to make comments on the proposed zoning regulationsSlide6

Public Comment Process

First District will provide cursory overview

Public Comment Period

Ask those who want to provide comment to indicate their intent on the sign in sheet

Set aside up to 2 hours for public comment

Time limits will be established

If you have made a comment and wish to make additional comments - you will be asked to wait until all others have had an opportunity to comment before making a new comment if time allows

Those that have signed up to testify will be called

When providing comment please adhere to the following:

State your name and address and who you are representing

if applicable

Identify the section(s) and page number of the proposed ordinance you want to comment on

Make your comment

The Planning Commission may or may not ask questions to clarify any comments received

Planning Commission may instruct First District to make changes to the draft based on public comment

Other comments will be collected, collated and placed on the County and First District Websites on 1/22/16 – Comments may be considered at Public Hearing on 2/9/16Slide7

First District Review

29 Pages

Definitions – 3.5 pages

Use District – 3.5 pages

CAFO Regulations – 22 pages

What are the major takeaways

Classes of CAFO modification and Graduated Setbacks

Vesting Process

Administrative Approval Policy

Standard for increasing/decreasing setbacksSlide8

Class of CAFOs & Graduated Setback

P 11

Class A 5,000 or more

Class B 2,000 to 4,999

Class C 1,000 to 1,999

Class D 50 to 999 (Potential water pollution hazard)

Class E 50 to 999 (No pollution hazard)

CAFOs that are a permitted use changed from under 500 to under 1,000

P17

Increased Setbacks over 2,000 AU

Decreased setbacks under 1,000 AUSlide9

Vesting

Pages 25-26, 19-20, 5

Establishes a process for existing CAFOs that do not meet existing and/or proposed setback requirements to continue operating and in some cases expand

The process is voluntary, however those existing CAFOs that do not become vested within two years are then required to adhere to proposed setback requirementsSlide10

Vesting – How Does it Work?If an existing operation does not meet the current or newly established setbacks they would be considered “nonconforming”  and not be able to replace structures related to their current operation if damaged by calamity nor would they be able to expand current structures or herd sizeSlide11

Vesting – How Does it Work?The vesting process  would allow those “nonconforming” operations to be “Nonstandard” – meaning that they would be able to replace and/or expand to a prescribed level.

Class A and B facilities would only be allowed to be replaced in an event of calamity – no expansion without a variance

A Class D (over the aquifer) would be allowed to be replaced and expand an additional 300 animal units to a max of 999

A Class E (under 999 au & not over the aquifer) would be allowed to be replaced and expand to a max of 1,999 au

A Class E 1000-1,999 au (not over the aquifer) would be allowed to be replaced and expand to a max of 1,999 au

The replacement and/or expansion could be no closer to a required setback as the current facilities exist todaySlide12

Vesting – Example450 animal units existing in 1997 - 3/8 of mile from neighbor – Existing Ordinance Setback ½ mile

If new regulations

are not

adopted the use continues to be nonconforming and not allowed to be replaced or expanded

If the new ordinance and setbacks

are adopted

(1/4 mile for 450 animal units - 3/8 mile for up to 999

The CAFO could be expanded unencumbered as it meets the new setbacks up to 999 au – if the CAFO wants to expand over 1,000 au it could be permitted unencumbered from setback regulations under the proposed regulations up to a max of 1,999 au as long as the expansion is no closer than the 3/8 mile that existed in 1997

Special Permitted Use required

No variance from setback is required Slide13

Vesting – Example 2900 au CAFO started in 1999 ½ mile from neighbor with Conditional Use Permit with a cap of 999 au (Existing Setbacks ½ mile)

Operation is conforming

New Setbacks are the same as existing for 1,000-1999

Operator would not need vesting

Operator could ask for vesting which would still require the special permitted use permit process if expanded over 999 Slide14

Vesting – How Does it Work?County notifies all nonconforming CAFOs (mail and newspaper)

Producer will sign affidavit attesting to number of animal units existing at the time of adoption of either the 1997 ordinance or the new ordinance adoption date

Producer will be required to obtain zoning permit and sign a letter of assurance  – this could be Permitted use (under 1000) or  special permitted use for those 1000-1999

Non conforming CAFOS have 2 years to become vested

Those that don’t will be required to conform to new setback regulationsSlide15

Administrative Approval

Pages 26-30

Special Permitted Use

The Permitted Special Use procedure is an administrative review process for approval of Class C CAFOs (1,000-1,999) animal units, where the Zoning Officer reviews the application for conformance with the applicable standards and approval criteria and issues a decision.

If any of the performance standards cannot be met the use will be considered a Conditional Use.Slide16

Administrative Approval How Does it Work?

Same administrative review as required for a conditional use permit (only difference is no public hearing)

Applicant submits application with required information

Proof that site is not over aquifer

Proof that setback requirements can be met

Signed Haul Road Agreement

Signed State General Permit

Fly and Odor Control Plan

Zoning Officer

Publish a notice in news paper and notify landowners within the prescribed required setback area

If the Zoning Officer determines that the application is in conformance, the Zoning Officer shall make written findings certifying compliance with the specific standards governing Permitted Special Use Permits and that satisfactory provisions and arrangements have been made concerning the prescribed conditions for the Permitted Special Use Permit. The Zoning Officer shall then issue the Permitted Special Use Permit subject to the applicant and designee of the Board of Adjustment signing the letter of assurance.

Board of Adjustment/Applicant/Zoning Officer

Zoning Officer reports the issuance of the permitted special use permit to the Board of Adjustment

Board of Adjustment designee and applicant sign letter of assurance

Zoning Officer may then issue any associated building permit

Appeals

Issuance of special permitted use permit may be appealed to BOA

Ruling of BOA may be appealed to Circuit CourtSlide17

Standards for increasing/decreasing Setbacks

Pages 18-22

Addresses concentration of CAFOs

Odor Footprint Model

Non-standard CAFOs – (those existing CAFOs that don’t meet setbacks)Slide18

Public Comment