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CLEAR & OBJECTIVE HOUSING: APPROVAL C RITERIA UPDATE <br />November 13, 2018 DRAFT Preferred Concepts Report: Significant Issues Page 40 of 59 <br />subjective discretionary track option, requires and benefits the more rigorous Type III process. Below is an <br />excerpt from the land use code describing the types: <br />9.7045 Description of Quasi-judicial Decisions Type II, Type III, Type IV. Quasi-judicial decisions follow <br />either a Type II, Type III or a Type IV process. A quasi-judicial decision concerns a specific site or <br />area, and involves the exercise of discretion in making a decision. <br />(1) A Type II process is based on a review of criteria that requires a limited amount of <br />discretion. The Type II process includes public notice of the application and an opportunity for <br />citizens to provide comments prior to the decision. The process does not include a public <br />hearing unless the decision is appealed. Notice of the decision is provided to allow the <br />applicant or an adversely affected person to appeal the decision to a higher local review <br />authority. <br />(2) A Type III process is a decision-making process in which a hearings official or the historic <br />review board makes the initial decision. The Type III process includes public notice and a <br />public hearing, as well as the opportunity for a local appeal to be filed by the applicant, an <br />individual who testified orally or in writing during the initial public hearing, or affected <br />neighborhood group. <br />While the Type III process is generally intended for decisions requiring more discretion, the process affords <br />other benefits for potentially impacted surrounding properties: more review time, greater noticing radius, and a <br />public hearing. Given mixed feedback from stakeholders regarding option C (many supported/many opposed), <br />and the operating characteristics of the uses subject to condition al use review, the recommendation is to retain <br />the Type III process. To address compatibility impacts it is also recommended that the new compatibility <br />criterion proposed under COS-01 also consider these impacts. <br />November 26, 2018, Work Session – Item 2