Agenda - 04-07-2015 - 5a - Laserfiche WebLink

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W Commissioner Price said she believes another concern about the drive - throughs was the concern of car stacking and all of the associated fumes. Perdita Holtz said that was a concern in the County, but the concern specific to this plan was about the proliferation of fast food restaurants on Highway 70. Commissioner Rich said she remembers this as one of the first things that came before the Board when she came on, and she didn't have a lot of information. She said her concern at that time was calling things urban when there are no sidewalks being put in. She said she still has concerns with calling things urban, when there is no way for people to use their feet to get there, because there are no sidewalks. She is unsure of why the word urban is used in these settings. Perdita Holtz said the growth management systems map adopted in 2003 calls areas rural designated and urban designated, and this is in one of the urban designated areas. Commissioner Rich questioned whether this is really urban. She said the County is just creating an area where people are being allowed to build density. Perdita Holtz said it depends on your definition of urban, but this is creating areas where people can not only build density, but can put non- residential uses. Commissioner Rich said you can't walk there; you have to drive your car there. Perdita Holtz said it is true that you cannot walk there on a sidewalk. Commissioner Pelissier said the difficulty is that this is just a small area compared to an urban area like Chapel Hill or Carrboro. She said, even in Chapel Hill, 15 -501 by -pass is in an urban area, but there are no sidewalks. She said it is difficult because of the scope of what is being looked at. Commissioner Rich said it might just be her getting stuck on the word urban; but when these overlays are done, there are all these districts of overlays that are supposed to be urban, but none of them connect. Perdita Holtz said the small area plan is supportive of having a sidewalk network, but right now, counties in North Carolina have trouble providing, funding, and maintaining sidewalks. She questioned whether you hold this up just because sidewalks can't be provided right now. She asked if development regulation should be kept in place that sometimes requires a buffer of 100 feet, when lots are only 100 feet wide; or if the County should implement something that is good for development now, and the sidewalk issue will continue to be worked on. Commissioner Rich said she understands that, and if the County will be forward thinking and work toward sidewalks, then she is fine with this. She just doesn't want to approve an urban overlay and then that's the end of it. Perdita Holtz said this is just one aspect of implementing the small area plan, and there is still more to do. She said keeping sidewalks and bike lanes in mind is part of the plan, and it is something she thinks Orange County will do when the time is right. Commissioner McKee referred to the statement on creating non - conforming uses. He asked how "operating in the manner in which they are currently operating" will be defined. He said he is aware of multiple parcels of property where new regulations prevent expansion of existing business. He is concerned that this is what will happen here. Perdita Holtz said this would create non - conforming uses if someone wanted to expand their businesses. Commissioner Price asked if there would be a time limit for a non - conforming business if there is a change in ownership and a gap in use. Michael Harvey said there is a time limit of 6 months within any 180 day given period. Greg Andrews said he lives in the Efland Community and he owns a business in the proposed overlay district. He said he is also here in part to represent the Efland Ruritan Club. He proposed a public hearing in the Efland community. He said there are a lot of elderly folks who cannot come sit at this meeting for 3 or 4 hours to get to this part. He said he would like to