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3 109 Paul Guthrie followed-up by asking that if someone was engaging in online classes but also had a tutor or educator come to 110 her or his home, would these activities fall under a Home Occupation Permit? He also expressed some concern about the 111 grouping of all educational activities together without considering licensing requirements and other such qualifications that 112 someone might need, inclusive of graduate students who provide home-based tutoring. 113 114 Michael Harvey replied that he thought it was best that he and Paul meet together to discuss the category of Schools: 115 Preparatory in greater detail. He also provided clarification that tutoring services are covered in other land use categories, like 116 Schools: Technical, Trade, and Skill Training. There is another category detailing services that includes tutoring as well. 117 Michael concluded that he would put together an email on where tutoring is captured in Table of Permitted Uses and would 118 review the information with Paul and present it to the group to ensure the matter is addressed to the Board’s satisfaction. 119 120 Tony Blake asked if there was a new school being built off of Mount Carmel Church Road. 121 122 Michael Harvey explained this new building houses a daycare and that it is located within Chapel Hill’s jurisdiction. He 123 continued his presentation, noting that another big change Planning Staff is recommending is in regards to how schools are 124 permitted. Currently, schools are permitted with a Class A Special Use Permit, yet universities, colleges and institutes are 125 permitted by right in residential districts. Planning Staff does not understand the distinction. 126 127 Tony Blake noted that the distinction may have been made for government institutions. 128 129 Michael Harvey said that James Bryan, County Attorney, and Planning agree that since they are all educational institutions, 130 there is inherently no difference. The Emerson Waldorf School, as an example, has a Class A Special Use Permit. Using this 131 logic, there is no reason not to compel a university, college or institute to get a Special Use Permit and Planning Staff has 132 some standards they have compiled to do so. A concern that has come is about Duke Forest. Planning Staff believes that 133 Duke Forest is considered a research facility and institute. Staff has included new language in the Table of Permitted Uses 134 and revised Article 5 to give Duke University’s Duke Forest legitimacy as an institute under this construct. Duke Forest is a 135 teaching area, a research area and an open space preservation area. Planning Staff wants to encourage and promote that. 136 Mr. Harvey continued his presentation, moving on to Construction in the Table of Permitted Uses. He said that Staff went to a 137 level of detail here to address concerns, but upon review, the County Attorney is now suggesting that instead of having the 138 details in the Table, it is better to have Construction Offices as a category, and then spell-out storage in the actual Article 5 139 provisions and district standards. So, what is listed in the Table, as the Committee sees it, will be moved to Article 5. The next 140 category for review is Extractive Uses, a topic of much discussion over the years. Michael defined Extractive Uses as taking 141 anything out of the ground, mining anything out of the ground, including gas, rock, ore, whatever. Planning is likely pre-empted 142 from state law from engaging in a lot of regulatory detail with this. It is Mr. Harvey’s considered opinion that after proposing 143 this organizational layout where we listed “no on-site processing,” (not permitted) and “on-site processing” that a better way to 144 lay this out will be for Extracted Uses to be the category, and then Article 5 will state a prohibition of on-site processing, which 145 is what we currently have and will leave as is. 146 147 Tony Blake noticed that under the category of Construction, grading, earth-moving and the like are not included. 148 149 Michael Harvey responded that while those activities are not specifically listed – 150 151 Paul Guthrie asked about Chapel Hill Gravel and Cape Granite gravel pits. 152 153 Michael Harvey asked if he meant American Stone off of Highway 54 kind-of-example. 154 155 Paul Guthrie responded that no, he was thinking about the one off of Damascus Church Road (Merritt’s Gravel Pit, Inc). 156 157 Michael Harvey replied that that is in Carrboro’s zoning jurisdiction, but that it is a good example for this discussion. The best 158 example of what has been permitted in the County is American Stone off of Highway 54, which is allowed to do incidental 159 processing (i.e. the breaking up of rock into smaller rock). The Ordinance does not allow for - and what we want to avoid is - 160 putting in an asphalt plant to take the rock and mix it with chemicals to turn it into asphalt. If you are allowed to get gas, the 161 125