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Minutes - 19930823
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Minutes - 19930823
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4/6/2010 4:01:35 PM
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BOCC
Date
8/23/1993
Meeting Type
Public Hearing
Document Type
Minutes
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8 <br />will be established so that existing lots can be built upon in a reasonable <br />manner. She also mentioned that the approach the County is using avoids <br />causing everything outside of the commercial areas to be non-conforming. <br />County Attorney Gledhill commented that "spot zoning" is a term used <br />by the Courts to tell local governments that you can't arbitrarily zone <br />property. There must be a rational basis for the designation of different <br />uses. These existing commercial districts are not considered "spot zoning" <br />because the designation of Existing Commercial is not arbitrary. It is <br />based on the fact that they do pre-exist the Ordinance. This Existing <br />Commercial designation assures the property owners that they may continue <br />the use of that property in the manner in which it is currently being used. <br />Ms. Willis indicated that gravel surfaces are considered impervious <br />in the University Lake Watershed. This was a change that was made several <br />years ago. That is the only area in the County that includes gravel as <br />impervious. The State mandate will require that gravel roads which are <br />part of a lot be considered as impervious surface. <br />In response to a questions from the audience, Ms. Willis indicated <br />that the State mandate does not restrict the use of water and sewer lines. <br />Within Orange County there is a water and sewer policy. A key aspect of <br />that policy is that water and sewer service is limited to the transition <br />areas which are the areas that allow for the higher residential density. <br />The county water and sewer policy and underlying zoning is what determines <br />this issue. <br />County Attorney Gledhill indicated that the history of the "EC" <br />district in Orange County demonstrates the County's approach to existing <br />commercial uses that were not zoned "EC" at the time the zoning is put into <br />effect. Those commercial uses are considered under the provision of the <br />zoning ordinance that allows for amendments to the zoning atlas. For <br />example, if there is an error in the original decision of an existing <br />commercial use that fits the criteria used for the other commercial <br />districts, the County would favorably consider changing that. <br />THE PUBLIC HEARING WAS OPENED FOR COMMENTS FROM CITIZENS <br />LOREN TOMPKINS, a property owner on Buck Horn Road, commented on <br />the commercial application of the zoning in this watershed. The economic <br />impact is substantial for the property along the interstate. He asked that <br />the Board consider variable options, and alternatives and exceptions. He <br />asked that the Board of Commissioners consider the expense that is incurred <br />by the land owners when they purchase land they will not be allowed to use. <br />He requested that railroads, farmland, state highways and interstates be <br />considered allowable as a part of the 30~. <br />JAMES MERGNER, Acting Chair of OWASA, presented a Resolution passed <br />by OWASA on August 12th which authorized his comments on this issue. Those <br />comments in summary are as follows: <br />Strong support for strict measures for the University Lake watershed <br />Support for amendments pertaining to the Jordon Lake Protected Area <br />
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