Agenda - 09-17-2013 - 5a - Laserfiche WebLink

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12 1 farm, as it is not just one farm using animals it has raised. She said it is under the purview of 2 zoning to say that there are minimum acreage requirements or standards for a use like that. 3 She said that, in the case of a conditional zoning district, the BOCC can always deny an 4 application based on incompatibility with the area. 5 Commissioner Dorosin asked for a clear explanation of how a conditional zoning district 6 works. 7 Perdita Holtz said ASE would have to set up the permitted uses in a table in the new 8 conditional zoning district. This would be adopted in a text amendment and standards could 9 also be adopted if needed for certain uses. 10 Commissioner Dorosin discussed an example situation regarding district x with 11 permitted and conditional uses. 12 Perdita Holtz said this would be called a conditional zoning district, with a re-zoning 13 application to the conditional zoning district- specifying the specific desired uses. If approved, 14 only those uses would be permitted. 15 Commissioner Dorosin said to assume he has set up the district and it has 10 uses. He 16 asked what now has to be done if he wants to do enact of those uses. 17 Perdita Holtz said he has to re-zone his property as the conditional zoning district is set 18 up in the UDO as a potential district that can be asked for. She said property cannot be re- 19 zoned unilaterally in a conditional zoning or use district. 20 Commissioner Dorosin asked why this is better than a zoning plan where the same use 21 is a conditional use. 22 Perdita Holtz said she assumes he is talking about Chapel Hill or Carrboro's conditional 23 use process, which requires a special use permit. She said that the County has that process as 24 well; it is called a conditional use process, but there are also conditional zoning districts that do 25 not require a special use permit. These just have a re-zoning that the County, with agreement 26 from the applicant, can attach conditions to. She said this means there is not an extra permit 27 involved. 28 Commissioner Dorosin said is there a re-zoning involved. 29 Craig Benedict said the conditional use has a quasi-judicial, SUP process, which is a 30 more extended process. He said you can have all the same conditions; however with 31 conditional use method, you will go through 15 pages of material. He said with conditional 32 zoning the end is the same but without the quasi judicial process. 33 Craig Benedict said staff is looking for some direction tonight, and then an amendment 34 outline text will be brought back. He said no decisions are to be made tonight 35 Commissioner Dorosin said he feels there are three interested parties — landowners, 36 surrounding landowners, and the county. He is not sure how that the pros and cons are the 37 same for these three parties. He said he would like a better sense of the staff opinions on the 38 pros and cons for each of these parties. 39 Chair Jacobs suggested that, before the Board of County Commissioners is asked to 40 make a choice, a presentation could be given regarding the SAP for the Orange County 41 Speedway. 42 Commissioner McKee said the whole purpose for the ASE is to increase the bottom line 43 for farms. He is not impressed by the complexity of this proposal, and he is not supportive of 44 this because of the complexity. He said the intent is to get the farmer closer to his customer. 45 He said that by taking the rural buffer out, a huge section of Orange County has been 46 eliminated. He said that the term "appropriate areas" is a code word for "not in my backyard." 47 He said a lot of these facilities can be designed not to be obtrusive to the neighbors. 48 Commissioner Pelissier said the Board cannot give direction tonight on the zoning 49 methods. She would like to take the special use permit off the table. She said this should not 50 be made so expensive if the goal is to support agricultural enterprise. She clarified that the