Agenda - 10-18-2016 - 6-a - Minutes

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33 1 Tom Altieri said that is still the intention to have such an agreement, and a first draft 2 should be before the Board of County Commissioners within the next month or two. He said 3 nothing will take place until this agreement is in place. 4 Commissioner Jacobs said when the agreement was negotiated with Hillsborough; some 5 trades in acreage were also made. 6 Commissioner Jacobs referenced some concerns in the Planning Board minutes in their 7 packet, and staff addressed these concerns. 8 Perdita Holtz said Michael Harvey, Planning, is working with the County Attorney's office 9 on some of these issues, such as the table of permitted uses to address some judicial decisions 10 that took place in the last year. 11 Commissioner Jacobs asked if this evening's proposed amendments are approved, will 12 the aforementioned changes be put on hold. 13 Perdita Holtz said technically the uses will be allowed, but practically it would be doubtful 14 that they will be allowed. 15 Commissioner Jacobs asked if the Attorney had any input. 16 James Bryan said from the legal perspective, the table of permitted uses is what it is; 17 and if does not specifically prohibit something, then it is allowed. He said if the Board wants to 18 clarify a specific issue, prior to staff attempting to clarify the bigger picture, the Board can do so. 19 Commissioner Jacobs suggested removing the following uses: poultry processing 20 leather and hide tanning and finishing, asphalt paving mixture and block manufacturing, 21 explosives manufacturing, fertilizer manufacturing. He said it is unreasonable to leave them in, 22 and if changes are being made to the uses, this is the time to remove them. He said he cannot 23 vote on it, as he doesn't know the possibilities. 24 Perdita Holtz said on the NAICS Code is on pages 319-359 of agenda packet. 25 Commissioner Jacobs suggested that the uses he mentioned be removed from the uses 26 for the EDD. 27 Commissioner Jacobs asked if is there a floodplain, and if so, how it affects the parcels. 28 Perdita Holtz said there is a floodplain, the special flood hazard overlay district. She 29 said the UDO does not allow development in the floodplain, and also requires a buffer. 30 Commissioner Jacobs asked if, within this floodplain, there is still going to be areas that 31 unable to be developed, even though they will be rezoned. 32 Perdita Holtz said yes. 33 Commissioner Jacobs said he will review these uses, and will get back to staff with a 34 more formalized proposal. 35 Commissioner Dorosin asked if everything in those 45 pages is permissible. 36 Perdita Holtz said she would have to compare the two tables. 37 Commissioner Dorosin said one option would be to defer this item to allow for more time 38 and clarity. 39 Commissioner Jacobs said he would be comfortable with Commissioner Dorosin's 40 suggestion, and asked staff to come back. 41 Commissioner Pelissier shared Commissioner Jacobs' concerns. She said the list is so 42 long to review, and determining what is onerous is a judgement issue. 43 Commissioner Pelissier asked if staff could identify what about the UDO would end up 44 excluding some of these uses, even though the uses may be permitted. 45 Perdita Holtz said the performance standards that focus on things like pollution and 46 noise. She said many of the items in Article 6. 47 Commissioner Pelissier asked if the concerns from this rezoning would also apply to 48 other EDD areas in the County. 49 Perdita Holtz said only the Hillsborough EDD is governed by the NAICS Code. She said 50 in the other EDDs the uses are listed in the permitted use table.