Title
Receive a presentation from staff about the Compact Communities Ordinance waiver provision and provide direction on how to process future waiver requests
Abstract
Introduction & Background:
The Compact Communities Ordinance (CCO) was drafted in advance of Briar Chapel in response to a desire from the developer for increased density above the minimum allowed at that time. The CCO is stand-alone ordinance, but is enabled by state statutes regulating zoning, subdivision, and watershed regulations and is also referenced in those ordinances (see Section 1, Enactment of the CCO). The CCO was adopted in April 2004 and included a waiver provision, and the full text of that section follows:
Section 15. Waiver. With the approval of the Board of Commissioners, the requirements of this ordinance may be adjusted, modified, reduced or waived based upon the absence of any reasonable relationship or nexus between the impact of the compact community development and the inclusionary or other requirements set forth herein.
The waiver provision has been used numerous times since the approval of the special use permit (SUP) for Briar Chapel using two different processes. The first time the waiver provision was used was during the original approval of the Briar Chapel SUP in 2005 and multiple conditions were added allowing for deviations from standards outlined in the CCO. In 2010 a new waiver process was approved by the Board of Commissioners wherein requests are allowed to be submitted directly to board without a public hearing, public notice, or review by the Planning Board. The following section will provide an overview of recent issues raised by the public about the waiver process and history of how this process has evolved.
Discussion & Analysis:
In 2024 and 2025 waiver requests were submitted to the Board of Commissioners requesting an alternative wastewater treatment option for a car wash within the footprint of the Briar Chapel SUP. Staff provided mailed notices ...
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