Agenda - Planning Commission - 06/03/2010

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April 10, 2010 ~ Volume 4 (No. 7 Zoning Bulletin likely administrative acts not subject to referendum, the court cautioned that Utah courts must follow the "Marakis" test to determine whether the municipality's actions were in fact leg- islative or administrative. The Marakis test is a "four step, se- quential analysis," under which the court must determine: "(1) f whether the threshold requirement of proper notice of the zoning change to the affected citizens is satisfied." Then the court must consider, in turn, the. elements of: "(2) whether the new zoning ordinance is consistent with the `general purpose and policy of the original zoning ordinance"'; "(3) whether the new zoning or- dinance is a `material variation from the basic zoning law of the governmental unit"'; and "(4).the appropriateness of voter par- ticipation in the matter" Case Note: In its decision, the court also gave "direction to trial courts facing Marakis determinations." The 'court said findings of fact and conclusion of law should be made for each of the four factors of the test. , Validity of Zoning Regulations-Subdivision ~ ~~ applicant says subdivision ordinance is void Ordinance prohibits residential use in Agricultural District, but zoning ordinance permits such use Citation: County of Cfiesterfield v. Tetra Associates, LLC, 2010 WL 653131 (Va. 2010) VIRGINIA (02/25/10)-This case involved a challenge to the va- lidity of two county ordinances. The Background/Facts: Tetra Associates, LLC ("Tetra") owned a 7.071 acre parcel of land in the county. Tetra sought to develop-the land. It filed a preliminary subdivision application to divide the land into five residential lots, with a minimum lot size of one acre. The county's planning department (the "Depaztment") rejected Tetra's subdivision application. In doing so, the Department noted that Tetra's proposed subdivision did not comply with § 17-36 of the county subdivision ordinance. Section 17-36 "prohibit[ed] recorda- tion of a plat for a lot subdivision unless the land is included within a residential or townhouse residential zoned district." Tetra's Iand-(and the proposed plat) was zoned Agricultural. The Department said that ( in order for Tetra to develop a subdivision on its land, its land had to be rezoned for residential use. 4 ©2010 Thomson Reuters 46.