During Thursday night's meeting, (July 18,) there was a public hearing regarding chapters 10, 11, and 12 of the Town's Zoning and Subdivision Regulation Ordinance. Later in the meeting, the chapters passed first reading on 4 to 1 votes. Councilman Kernodle abstained on Chapter 10 and voted against approving Chapters 11 and 12.
During the public hearing, Planning Commissioner Garret Milliken spoke rather cryptically about words in Chapter 12 that he said referred to nothing in the Zoning and Subdivision Regulation Ordinance. Chapter 12 is a glossary of definitions found throughout the other 11 Chapters.
His meaning became clear when Councilman Kernodle explained that "grand tree" and "protected tree" are included in the the list of definitions in Chapter 12. He argued that since these definitions are used in Chapter 8 and 9, and those Chapters had been returned to the Planning Commission, the definitions applied to nothing currently in the Ordinance.
Councilman Kernodle's analysis, apparently reviewed by Commissioner Milliken, is mistaken. The Town's Zoning and Subdivision Regulation Ordinance was passed on October 18th, 2012. It included 12 Chapters. The Town has revised and amended the first 6 chapters. The amendment process for the first three chapters was completed in December and the amendment process for Chapters 4 through 6 was completed in April. Chapter 7 is blank.
Chapters 8 through 12 exist at this time and remain exactly as they were last October. Chapters 8 and 9 include a definition of grand tree and Chapter 9 uses the term "protected tree." The current version of Chapter 12 repeats the definition of grand tree as all oak species with DBA 24 inches or greater. It defines protected tree in the same manner. The revision of Chapter 12 recommended by the Planning Commission left both of those definitions unchanged. Most importantly, the definitions in the revisions to Chapter 12 recommended by the Planning Commission refer to something in the Zoning and Subdivision Regulation Ordinance that exists right now.
The recommended revisions from the Planning Commission for Chapter 9 includes a definition of "protected tree" as all trees with DBA 8 inches or greater. Town Council voted 3 to 2 to amend the recommended revisions of Chapter 8 and 9 to change the definition of grand tree to all trees other than pines, sweet gum, and Chinese tallow with DBA 18 inches or greater. Until the amendment process is completed by a second and final reading of the revised Chapters, these new definitions do not apply. The definitions in the existing ordinance that passed last October continue to apply.
Because of the amendment to the definition of grand tree, all of Chapter 8 and Chapter 9 have been returned to the Planning Commission. The Planning Commission must return a favorable or unfavorable recommendation on the proposed new definition of grand tree. They may also propose some new definition of grand tree.
After the Planning Commission reports back, Town Council will hold a new public hearing on Chapters 8 and 9. Town Council may then have a first reading and vote on revised versions of Chapter 8 and 9. If the definition of "protected tree" recommended by the Planning Commission remains in the revised version of Chapter 9 and some new definition of grand tree is included in Chapters 8 and 9, then those new definitions will replace the old definitions, but only after the second and final reading of the revised Chapters by Town Council. At that time, it will be necessary to change the definitions in Chapter 12. This will simply be an editorial change which should require no action by the Planning Commission or the Town Council.
No comments:
Post a Comment