RESOLUTION OF INTENT
WHEREAS, the purposes of Sections 4.2, Critical Slopes, through 4.2.6, Exemptions, of the Zoning Ordinance are to direct development away from critical slopes to more suitable terrain in order to protect and conserve critical slopes, public drinking water supplies and flood plain areas, and to reduce soil erosion, sedimentation, water pollution and septic disposal problems associated with the development of critical slopes; and
WHEREAS, in order to achieve these stated purposes, Sections 4.2 through 4.2.6 establish minimum requirements for building sites and the location of structures and improvements, including septic systems, establish a procedure for modifying those regulations in particular cases, and delineate a limited number of exemptions; and
WHEREAS, the current regulations in Sections 4.2 through 4.2.6 have failed to allow the purposes of these sections to be fully realized for various reasons including, but not limited to, their failure to adequately distinguish the Comprehensive Planís varying goals for development and preservation in different parts of the County; their failure to acknowledge that critical slopes may have different values depending on their location, including their proximity to waterways; and, their failure to provide standards for slope grading and retaining walls that would provide long-term safety, structural and surface stability, ease of maintenance, prevent erosion, be aesthetic, and be complementary to adjoining properties; and
WHEREAS, although Section 4.2.5 was amended on January 14, 2009 to authorize the agent to approve the disturbance of critical slopes in limited circumstances on parcels outside of the Rural Areas, Village Residential, and Monticello Historic zoning districts, the current regulations in Section 4.2.5, pertaining to modifications and waivers, and Section 4.2.6, pertaining to exemptions, still impose impediments to the purposes of Sections 4.2 through 4.2.6 being fully realized, and the Board desires to, among other things, broaden the circumstances under which the agent may authorize the disturbance of critical slopes on parcels outside of those three zoning districts and to further clarify those disturbances that are exempt from the requirements of Section 4.2 through Section 4.2.4.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience, general welfare and good zoning practices, the Board of Supervisors hereby adopts a resolution of intent to amend Sections 4.2 through 4.2.6 and any other regulations of the Zoning Ordinance deemed appropriate to achieve the purposes described herein.
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on the zoning text amendment proposed by this resolution of intent, and make its recommendation to the Board of Supervisors, at the earliest possible date.
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