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OCPB agenda 080217
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OCPB agenda 080217
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8/2/2017
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OCPB minutes 080217
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<br />4 <br />only option is converting it or using it for some other purpose on-site, other than the gas being mined and then being directly 162 <br />removed. 163 <br /> 164 <br />Paul Guthrie said that this aspect is also regulated in effect, because when the pits are empty, they could become a water 165 <br />supply. He said that we do not want contamination while they are doing their stone work. 166 <br /> 167 <br />Michael Harvey agreed that the goal is that there is no contamination. He pointed to the quarry off of NC Highway 57 which 168 <br />has been there many, many years. He recalled that there was a movement when he first started with the County in 2005 to 169 <br />develop an asphalt plant at the facility. Planning Staff wrote a very long, in-depth letter to not only the applicant but also to the 170 <br />state to say that the Ordinance did not allow for this activity. 171 <br /> 172 <br />Tony Blake asked if the County was sued after this letter was sent. 173 <br /> 174 <br />Michael Harvey responded that no, they were anticipating that they may get sued, but the project never materialized. He 175 <br />thinks that the ultimate goal in this category is to be consistent with the overall purpose and intent of the existing regulation. 176 <br />He acknowledged that there will still be extraction of earth products, but the first condition under Article 5 is going to be no on-177 <br />site processing, with appropriate language to address Paul’s observation that Planning is not trying to prohibit incidental 178 <br />manufacturing of mined product. However, this incidental product will not be allowed to be further processed it into asphalt or 179 <br />another product. Mr. Harvey continued his presentation and discussed the category of Financial Institutions. He said that the 180 <br />following question came-up: Are we really going to prohibit pawn shops, currency exchange, and payday loan? Planning Staff 181 <br />is recommending that these land uses be prohibited. He reminded the Committee that per recent court decision, Planning 182 <br />Staff is obligated to list uses that are prohibited. If a land use category is not listed or somehow not captured within the land 183 <br />use category as Staff defines them, it is viewed and deemed to be permitted by law. 184 <br /> 185 <br />Paul Guthrie asked about currency exchange. What is Staff’s definition? 186 <br /> 187 <br />Michael Harvey defined currency exchange as the conversion of cash by a place that is not a bank. 188 <br /> 189 <br />Paul Guthrie noted that there are several of these places in Orange County, most of which are in city jurisdictions. He said 190 <br />there is a place off of Mount Carmel Church Road, a little old gas station that is now a store. It also advertises the sending of 191 <br />money to various places. He asked if this place of business is what Mr. Harvey was referring. 192 <br /> 193 <br />Michael Harvey replied that no, the current exchange refers to the changing of money from one currency to another (e.g. I 194 <br />bring you 100 pounds of English money and you change it to $100 of American money). Someone wiring money through 195 <br />Western Union is not currency exchange. That is a wire service. 196 <br /> 197 <br />Paul Guthrie asked if it would be different if the exchange was for reverse currency. 198 <br /> 199 <br />Michael Harvey responded with the example that if he wired Paul Guthrie money and it goes through Western Union and the 200 <br />money then comes to Tienda Market off of Mount Carmel Church Road, zoned EC-5 (Existing Commercial), then all the 201 <br />business is doing is giving you the cash that was wired to them, completing a wire service. Mr. Harvey continued with the 202 <br />presentation. He said that the land uses of Credit Agencies and Institutions are broken-out. Planning Staff may collapse these 203 <br />categories since they can be defined within Professional Office, versus having 15 uses. It is probably easier to have in the 204 <br />definitional framework than try to come-up with a listing for every possible professional office. 205 <br /> 206 <br />Tony Blake asked why ATMs are so restricted. He made the point that the public may want an ATM at any place where a bank 207 <br />could be located, even a standalone ATM at a convenience store or other place. 208 <br /> 209 <br />Michael Harvey answered that while he does not think that the category is too restrictive, he does realize that currently, 210 <br />standalone ATMs are only allowed in a few districts. He made the point that when you start looking at the other uses allowed 211 <br />in those districts, it is a question of ensuring that Planning Staff is also consistent with the land use categories as defined 212 <br />within the UDO and the Comprehensive Plan. He reflected that it sounded like Staff should review where standalone ATMs 213 <br />should be located again, which Staff will do during the next review. Staff may consider treating standalone ATMs as an 214 <br />accessory use to a retail operation as a prevision of retail. One of the reasons Staff is providing a difference between banks 215 <br /> 126
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