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Planning commission debates keeping FCOS overlay versus folding standards into code; development agreements recommended for flexibility
Summary
Commissioners discussed whether to retain the FCOS overlay for the canyon or incorporate its strict slope and design standards into base zoning. The ombudsman recommended clear discretionary criteria, use of development agreements for negotiated projects and caution when drafting waiver processes to avoid takings claims.
Commissioners debated whether to retain the FCOS (overlay) that applies canyonwide or to fold those standards into the base zoning. Several commissioners said FCOS offers stronger notice to property owners because the overlay appears on parcel records and maps; others argued incorporating the standards directly into the development code would simplify administration.
Richard Plene recommended copying well-crafted FCOS language…
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