Agenda - 12-13-2016 - 6-a - Minutes

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7 1 complete overhaul of the tables of permitted uses, in response to the Bird vs. Franklin County 2 court case. She said legal staff would prefer that the County start using the NAICS code as the 3 basis for the table of permitted uses, as it is all-inclusive on all types of uses. She said that is a 4 large project, requiring work sessions with both the Planning Board and the BOCC. She said 5 page 84 is sector 42 of the NAICS code, which is suggested for inclusion in EDH5 zoning 6 districts. She said staff was specifically told, at the QPH, to look at the manufacturing sectors, 7 which is not sector 42. 8 Commissioner Jacobs asked if the NAICS code supersedes existing County policy. 9 Perdita Holtz said NAICS is using that code to determine use. She said the court case 10 has made it necessary to list prohibitive uses, as well as permitted ones. 11 Commissioner Jacobs asked if this is required moving forward. 12 Perdita Holtz said yes. She said this would also be true for the NAICS manufacturing 13 code now, if the Board adopts this amendment. 14 Commissioner Jacobs said he thought the Board would have an opportunity to go 15 through all of the uses, not only manufacturing. 16 Perdita Holtz said this may have been a misunderstanding. 17 Commissioner Price asked if hotels will be permitted. 18 Perdita Holtz said yes. 19 Commissioner Price said the Town of Hillsborough had some questions, and asked if 20 these have been resolved. 21 Perdita Holtz said she did not recall any questions from Hillsborough. Discussion 22 ensued, and all issues have been resolved. 23 Commissioner Rich said she is confused about how this proposed amendment ties in 24 with the future requirements from the Bird vs. Franklin County court case. 25 Perdita Holtz said these actions would be in compliance with the judicial decision, and 26 later there will be an expansion to different areas of the permitted use tables that are not being 27 discussed this evening. 28 Commissioner Dorosin said the Hillsborough EDD was ahead of the lawsuit, and now 29 the rest of the UDO will have to catch up. 30 Commissioner Rich said she shared Commissioner Jacobs' concern about reviewing the 31 list fully, and that the Board needs to have that conversation. 32 Commissioner Dorosin suggested taking Commissioner Jacobs' proposal to allow 33 BOCC members to review/pull items of concern, and have staff explain. 34 Commissioner Price referred to page 29, where there is a table on the permitted uses. 35 She asked if staff is suggesting removing the whole section on manufacturing, assembly and 36 processing, and starting over. 37 Perdita Holtz said the recommendation is to remove the existing section, and replace it 38 with the new NAICS code section. 39 Commissioner Jacobs said he cannot find the Commissioners resolution or motion in 40 the abstract. 41 Perdita Holtz said the QPH minutes were not available when this draft abstract was 42 submitted to the Manager's office. 43 Commissioner Jacobs said if the original motion was restricted to manufacturing, he 44 feels that was a mistake. He said the list is helpful, but it may be useful to have the same chart, 45 but in alphabetical order. 46 Chair McKee asked if this sequencing is consistent with the NAICS code. 47 Perdita Holtz said yes. 48 Craig Benedict, Orange County Planning Director, said hopefully this information will be 49 available electronically, and then could be traced either way.