Minutes 05-14-2013 - Laserfiche WebLink

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Chair Jacobs said her concerns are more about the onerous nature of the ways in which the proposals are being outlined. He asked which of the six questions in the PowerPoint does this fit into. Commissioner Dorosin referred to Commissioner Gordon's point regarding restriction of uses based on size and asked if these aren't already decided by statutes that exempt a bona fide farm from zoning. Perdita Holtz said Commissioner Gordon was referring to previous concerns, like a meat packing facility. She said these could serve a wide community and would not be a bona fide farm, as it is not just one farm using animals it has raised. She said it is under the purview of zoning to say that there are minimum acreage requirements or standards for a use like that. She said that, in the case of a conditional zoning district, the BOCC can always deny an application based on incompatibility with the area. Commissioner Dorosin asked for a clear explanation of how a conditional zoning district works. Perdita Holtz said ASE would have to set up the permitted uses in a table in the new conditional zoning district. This would be adopted in a text amendment and standards could also be adopted if needed for certain uses. Commissioner Dorosin discussed an example situation regarding district x with permitted and conditional uses. Perdita Holtz said this would be called a conditional zoning district, with a re-zoning application to the conditional zoning district- specifying the specific desired uses. If approved, only those uses would be permitted. Commissioner Dorosin said to assume he has set up the district and it has 10 uses. He asked what now has to be done if he wants to do enact of those uses. Perdita Holtz said he has to re-zone his property as the conditional zoning district is set up in the UDO as a potential district that can be asked for. She said property cannot be re- zoned unilaterally in a conditional zoning or use district. Commissioner Dorosin asked why this is better than a zoning plan where the same use is a conditional use. Perdita Holtz said she assumes he is talking about Chapel Hill or Carrboro's conditional use process, which requires a special use permit. She said that the County has that process as well; it is called a conditional use process, but there are also conditional zoning districts that do not require a special use permit. These just have a re-zoning that the County, with agreement from the applicant, can attach conditions to. She said this means there is not an extra permit involved. Commissioner Dorosin said is there a re-zoning involved. Craig Benedict said the conditional use has a quasi-judicial, SUP process, which is a more extended process. He said you can have all the same conditions; however with conditional use method, you will go through 15 pages of material. He said with conditional zoning the end is the same but without the quasi judicial process. Craig Benedict said staff is looking for some direction tonight, and then an amendment outline text will be brought back. He said no decisions are to be made tonight Commissioner Dorosin said he feels there are three interested parties — landowners, surrounding landowners, and the county. He is not sure how that the pros and cons are the same for these three parties. He said he would like a better sense of the staff opinions on the pros and cons for each of these parties. Chair Jacobs suggested that, before the Board of County Commissioners is asked to make a choice, a presentation could be given regarding the SAP for the Orange County Speedway.