Agenda - 11-01-1993 - VIII-A - Laserfiche WebLink

Browse Search

DRAFT 128 8 existing lots even if they are not yet built upon . Hearing , this issue will be taken into account and pecificfrecommendations will be established so that existing lots can be built upon in a reasonable manner . She also mentioned that the approach the County is using avoids causing everything outside of the commercial areas to be non-conforming . County Attorney Gledhill commented that "spot zoning" is a term used by the Courts to tell local governments that you can ' t property. There must be a rational basis for the designation lofadifferent uses . These existing commercial districts are not considered "spot zoning" because the designation of Existing Commercial is not arbitrary. It is based on the fact that they do pre-exist the Ordinance . This Existing Commercial designation assures the property owners that they may continue the use of that property in the manner in which it is currently being used . Ms . Willis indicated that gravel surfaces are considered impervious in the University Lake Watershed . This was a change that was made several years ago . That is the only area in the county that includes gravel as impervious . The State mandate will require that gravel roads which are part of a lot be considered as impervious surface. In response to a questions from the audience , Ms . Willis indicated that the State mandate does not restrict the use of water and sewer lines . Within Orange County there is a water and sewer policy. A key aspect of that policy is that water and sewer service is limited to the transition areas which are the areas that allow for the higher density residential . The county water and sewer policy and underlying zoning is what determines this issue . County attorney Gledhill indicated that the history of the "EC" district in Orange County demonstrates the County' s approach to existing commercial uses that were not zoned "EC" at the time the zoning is put into effect. Those commercial uses are considered under the provision of the zoning ordinance that allows for amendments to the zoning atlas . For example , if there is an error in the original decision of an existing commercial use that fits the criteria used for the other commercial districts , the county would favorably consider changing that . THE PUBLIC HEARING WAS OPENED FOR COMMENTS FROM CITIZENS LOREN TOMPKINS , a property owner on Buck Horn Road , commented on the commercial application of the zoning in this watershed . The economic impact is substantial for the property along the interstate . He asked that the Board consider variable options , and alternatives and exceptions . He asked that the Board of Commissioners consider the expense that is incurred by the land owners when they purchase land they will not be allowed to use . He requested that railroads , farmland , state highways and interstates be considered allowable as a part of the 30%. JAMES MERGNER, Acting Chair of OWASA, presented a Resolution passed by OWASA on August 12th which authorized his comments on this issue . Those comments in summary are as follows: