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Quorum Court sends consolidated planning-and-zoning ordinance to planning board after amendments

2723030 · March 21, 2025
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Summary

Justices amended a consolidated planning-and-zoning ordinance, removed a proposed map, reinserted the conditional-use-permit process into section 5, and referred the ordinance to the planning board for a public hearing.

At its March meeting, the Washington County Quorum Court voted to send a consolidated planning-and-zoning ordinance to the county planning board for public hearings after approving a set of amendments intended to create a "clean" draft for public review.

Justice Lyons, the motioner on several amendments, told the court he sought to avoid internal conflicts in the draft by moving the county's existing conditional-use-permit (CUP) procedures into a single section and renumbering several sections to reconcile procedural overlaps. "Basically, simply speaking, it takes the CUP process that is currently codified in our ordinances today and puts it in section 5," Lyons said. He also moved to remove a map from the draft package; that amendment passed.

Justice Lyons offered a series of amendments that the court approved by voice votes: renumbering procedural sections to avoid conflict with the CUP process; replacing the current section 5 with an updated version incorporating CUP procedures; making a notification provision reference section 1A70 rather than duplicating that definition; and removing the draft map that had been circulated.

Several justices asked questions about how state proposals would affect local provisions. Justice Bond and others noted the county has a long-standing 1-acre minimum lot-size for residential zoning and that the city of Goshen's planning area is recognized with a 2-acre minimum in county maps. Director Atta (planning staff) explained the 1-acre guideline is tied to health-department septic requirements. "The idea of, like, 1 house per acre comes from, like, the state, health department. They request that, like, each lot to be a minimum of 1 acre to be able to build the house, and to have a septic on it," Atta said. He confirmed Goshen retained a 2-acre minimum by local agreement and that the county's active zoning map shows that exception.

There was also discussion about pending state legislation. Several justices observed that House Bill 1510 and other bills were under consideration at the legislature and might require later edits to the county ordinance once those laws take effect. Justice Lyons and County Counsel said the draft could be amended again after the legislature completes its session.

After the series of amendments, Justice Lyons moved and Justice Dean seconded a referral of the consolidated ordinance to the planning board for public hearings; the court approved the referral by voice vote. The planning board will schedule a public meeting to receive comment on the consolidated ordinance as amended.

The court did not adopt the ordinance in final form; members emphasized this step was to produce a single, clean package for public review and to allow the planning board to hold hearings before the Quorum Court takes any final action.