Minutes 04-05-2011 - Laserfiche WebLink

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� 1) Receive the Planning Board's recommendation of approval of the November 2010 Public Hearing Draft of the UDO with the revisions contained in Attachment 2 (pp 6- 72). 2) Receive the staff and attorney-recommended revisions contained in Attachment 3 (pp 74-79). 3) Close the public hearing. 4) Adopt the Resolution of Approval provided at Attachment 1. PUBLIC COMMENT AGAIN: Marilee McTique said that she is a 20-year resident of rural Orange County. She said that she made comments at the QPH and she did read this entire document. She supports the UDO adoption. Commissioner Jacobs asked some clarifying questions. On page 10 at the top, #2, and the criteria for reviewing conditional use development application. He asked about "substantial justice" and said that he does not know how he would interpret this. Craig Benedict said that this was some suggested language and it is not substantive. Commissioner Jacobs suggested that, since right after that it says, "ensure equitable treatment," then this language should be used instead of "substantial justice" because it is less confusing. Commissioner Jacobs made reference to page 12, item d-2, and said that there have been discussions about how in a rural area a 500-foot notice is not adequate. He asked when this will be addressed. Craig Benedict said that this will be addressed subsequently. Commissioner Jacobs made reference to page 13, PID District Specific Development Standards, #3, and he read, "residential uses are not permitted in this district." He said that he is involved in a foundation that exists around the residential use in a public interest district. He asked if this would apply to this foundation. Craig Benedict said that if it does exist it would be grandfathered in. Commissioner Jacobs made reference to page 198, Zoning Ordinance Section 7.4.1 where it says, "conditional districts shall be located in proximity to interstate highways, arterial and collector streets or mass transit facilities, and shall be designed to provide direct access to such facilities." He said that you cannot have direct access to an interstate. He asked what was meant by "direct access." Craig Benedict said that it is access through those other arterial and collector streets. This wording can be taken out. Commissioner Jacobs made reference to page 197 regarding conditional districts in the University Lake Watershed Overlay District, Cane Creek and Upper Eno Proteced and Critical Areas, and the Rural Buffer, is that they are already allowed. Craig Benedict said that Conditional Districts are not allowed in the critical area overlays. Perdita Holtz said that it has to do with the fact that the subdivision regulations require that subdivisions of a certain threshold be approved through a planned development process, which is now becoming a conditional use process. It would be problematic to say that you cannot do conditional use in these areas because it would be a big change to the subdivision process as it currently exists. Commissioner Jacobs thanked staff and the Planning Board for their work.