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Home My WebLink AboutORC minutes 071118SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2 JULY 11, 2018 3 ORDINANCE REVIEW COMMITTEE 4 5 NOTE: A QUORUM IS NOT REQUIRED FOR ORDINANCE REVIEW COMMITTEE MEETINGS. 6 7 MEMBERS PRESENT: Randy Marshall (Vice-Chair), Bingham Township Representative; Kim Piracci, At-Large; Randy 8 Marshall, At-Large; Adam Beeman, Cedar Grove Township Representative; Carrie Fletcher, Bingham Township 9 Representative; Patricia Roberts, Cheeks Township Representative; Paul Guthrie, At-Large Chapel Hill Township; 10 11 MEMBERS ABSENT: Laura Nicholson, Eno Township Representative; Hunter Spitzer, At-Large; David Blankfard, 12 Hillsborough Township Representative; Alexander Gregory, Chapel Hill Township Representative; Lydia Wegman 13 (Chair), At-Large Chapel Hill Township Representative; Buddy Hartley, Little River Township Representative; 14 15 STAFF PRESENT: Michael Harvey, Current Planning Supervisor; Meredith Kern, Administrative Assistant II 16 17 AGENDA ITEM 1: Call to Order and Roll Call 18 The meeting began at 7:43 p.m. 19 20 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – REORGANIZATION OF 21 TABLES OF PERMITTED USES - To continue review and discussion on proposed amendments to the UDO that 22 would reorganize the Tables of Permitted Uses in response to the Byrd v. Franklin County judicial decision and 23 modify other sections to ensure consistency within the ordinance. 24 25 PRESENTER: Michael Harvey, Current Planning Supervisor 26 27 Michael Harvey said the Planning Department has been charged with consolidating the permitted uses into a single 28 table. Staff has been working to reduce three tables to one. Also, the permitted uses now have to spell out what is 29 prohibited or is allowed by right to address some court proceedings, notably Byrd v. Franklin County. The 30 interpretation of land use goes more toward free use of property than to governments ability to regulate as was 31 determined by the courts. 32 33 The new table notes whether a use is permitted by right, permitted by right with specifications, permitted only by 34 special use permit, or prohibited. 35 36 Michael Harvey is attempting to address comments from the attorney’s office, the planning director and elected 37 officials. He has been working with Orange County Attorney James Bryan. 38 39 Michael Harvey introduced the new key for the permitted use table. 40 41 Randy Marshall asked where Michael Harvey would go to for a resource to conjure up all possible uses. Michael 42 Harvey answered the revised table will focus more on central land use categories versus listing individual land uses. 43 For example you do not need 10 different ways to say retail. Retail is retail regardless of what is being sold. All your 44 need is a retail category with appropriate regulation to address potential impacts such as square footage limitations 45 on building size, prohibitions on outdoor sales. 46 47 Michael Harvey reviewed the three deleted tables and then the new table. He reviewed how to read the new table. 48 He started with agricultural uses. The only change is eliminating composting with grinding and capturing composting 49 operations as a regulatory requirement versus a separate land use. There were no questions. 50 51 Michael Harvey pointed out the footnotes. He then reviewed the care and educational facilities land use category, 52 noting previously recommended language creating a distinction between adult care and child care was eliminated. 53 Again regulations would be contained in Article 5 and not listed as a separate land use category in the table of 54 permitted uses. Library will no longer be plural. “Non-profit educational cooperative” is struck. Schools are 55 consolidated (pre-school through high school). When Randy Marshall asked, Michael Harvey said a community 56 college would be considered as being within the technical, trade and skill training school land use category. 57 58 Michael Harvey reviewed extractive uses. Extraction of earth products with on-site processing is not permitted. 59 60 Michael Harvey noted that under government uses, detention centers and military installations were singled out. 61 Detention centers are allowed only in the industrial zone. He reviewed the places where military installations are 62 allowed with the caveat that if the federal government wants to put one somewhere, it will be what it will be. 63 64 Under manufacturing, assembly, processing and distribution uses – food, there is currently a lack of clarity about food 65 items. Elected officials wanted more distinction as to where such uses could be located. 66 67 Kim Piracci asked if Orange County could find itself in a position like down east with hog farms. Michael Harvey 68 answered state law says that hog farms are farms and are therefore not regulated by local zoning. While the County 69 may still poses some authority over hog lagoons, the trend is to limit local government authority over bona fide farm 70 uses. Mr. Harvey reminded the Board a lot of authority to regulate a hog lagoon was taken away. He said the County 71 is more limited than it was two years ago with respect to the enforcement of regulations on bona fide farms. Michael 72 Harvey said farming protections are being fleshed out/stretched out. 73 74 Randy Marshall asked questions to be sure farms cannot operate as a slaughtering business. Michael Harvey said 75 one would have to look at it case by case. He said a farmer could certainly slaughter his own animals as a normal 76 bona fide farm operation but could be limited under different sections of State law on allowing for farmers to bring in 77 their animals for processing. There was general discussion over the slaughtering of animals as a customary 78 accessory use of a bona fide farm operation. He noted where microbrewery, winery, and seafood preparation uses 79 would be permitted. 80 81 Michael Harvey reviewed manufacturing, assembly, process and distribution centers. He reviewed the categories and 82 where they are permitted to be located and where they are not allowed. 83 84 Carrie Fletcher asked where heavy industrial exists. Michael Harvey answered Orange County currently does not 85 have any heavy industrial zoning (I-3) but Buckhorn and Eno are examples of areas where heavy industrial uses 86 would be permitted under the economic development general use zoning districts. 87 88 Michael Harvey reviewed that instead of 45 individual land uses listed within the table, there are now 15. He reviewed 89 medical uses. Paul Guthrie asked where urgent care falls. Michael Harvey answered medical office. 90 91 Michael Harvey said the attorney’s office is not happy with veterinary clinic mobile as this is not necessarily a 92 permitted use of property. In this case vets travel to property owners to treat animals. He indicated there is a 93 thought this use is best covered under the home occupation permit process. He reviewed offices and financial 94 services. He noted recreational uses are staying as is. He reviewed residential uses with tweaked language. 95 Rehabilitative care facility is being struck and going under health and personal care facility. He noted airport is more 96 restricted now in that it will not be permitted in residential zoning districts. 97 98 Michael Harvey noted that outdoor sales/service would fall under retail but the county will still restrict where flea 99 markets can go. 100 101 Carrie Fletcher asked where tattoo places are allowed. Michael Harvey answered heavy commercial areas like where 102 Sheetz is located in its own separate land use category. 103 104 Michael Harvey noted that overnight accommodations now encompasses motels/inns. He reviewed overall where 105 types of uses were moved. He noted that in August, the ORC will take one final look at this and in September the 106 Planning Board will take action. The Elected officials will be asked to take action in November. 107 108 The meeting was adjourned by consensus at 9:03 p.m. 109 110 111 Lydia N. Wegman, Chair 112