OCPB agenda 080217 - Laserfiche WebLink

Browse Search

6 270 Michael Harvey confirmed this and added that DMVs are private contractors that get a licensing agreement with the state to 271 run the office. They are independently owned. 272 273 Kim Piracci said that DMVs are still a state office with no County jurisdiction. 274 275 Michael Harvey acknowledged this point and said that yes, unfortunately state entities are limited - 276 277 Tony Blake asked if as state contractors they are limited. 278 279 Michael Harvey answered that it does not matter if DMV services are independently provided by a contractor or not; they are 280 an operative with the state of North Carolina until their license is revoked. 281 282 Tony Blake said that he was asking this question from a firefighter’s perspective because they are governed under state 283 statutes, not County statute, although their budget is approved by the BOCC. 284 285 Randy Marshall asked for confirmation that there are correctional and detention centers in Orange County but that they are 286 located in municipalities. 287 288 Michael Harvey confirmed this. There is the jail at the county courthouse and there is the detention center on Highway 86 near 289 the State Employees Credit Union. He believes that the County Attorney’s Office may say that this categorization may not 290 work. They may argue that if you say detention center, you have to allow it in certain sections of the UDO, and you may not 291 have a choice as the state can put a center in no matter what, per eminent domain. Mr. Harvey continued with his 292 presentation. The next category to be discussed is Manufacturing, Assembly, and Processing. The takeaway from this 293 category is that the County Attorney’s office would prefer that we collapse these uses and use definitions for details. The 294 Planning Director and Economic Development Director have identified a need for specificity; as you are marketing property to 295 support development, companies like to see the use specifically listed so that they have some assurance that a land use is 296 permitted. Michael said that he is going to have to figure out a way to make this work, and as Planning Staff makes decisions, 297 they will keep the Committee up to speed on any modifications. 298 299 Craig Benedict spoke about this dynamic. He said that listing “like manufacturing” within categories is too broad. Different 300 businesses have asked for more specificity. He said that Planning Staff is trying to find a balance between listing everything 301 and being too vague. For example, we had three different levels of retail, but they were not listed or defined. 302 303 Michael Harvey replied that the retail and certain office land uses were based on the anticipated daily number of traffic trips 304 generated by a proposed use from low intensity (0 to 210 trips) to medium (over 200 trips-400 trips) to high intensity (over 400 305 trips). The County Attorney and Planning Staff were concerned that an individual will not know the daily traffic impact. An 306 individual going through an arduous development design process will have to identify what the traffic impact and will then have 307 to determine if the use is permitted. It is better to say retail will work outright and then come-up with square footage limitations 308 to provide specificity. In Neighborhood Commercial and Local Commercial zoning districts, low intensity non-residential 309 districts, it will be possible to do retail development up to 12,000 square feet, which would equate to a low traffic volume while 310 allowing for retail of reasonable size to serve the needs of the community. The idea is to accomplish the same result that a 311 traffic study could do with square footage limitations. This seems to be more reasonable than an individual having to hire an 312 engineer to spend thousands of dollars on a traffic study to determine that they may not even be able to be in that location. 313 This was the County Attorney’s original concern, and Planning Staff seems to have addressed it. 314 315 Randy Marshall provided the example of Southern States as a business that may sell a pesticide but does not manufacture it. 316 317 Michael Harvey responded that there is whole sale trade in retail. If the question is if Southern States could combine two 318 products to sell, there is a provision in Manufacturing that may allow for that. However, the primary business of Southern 319 States is retail and the square footage limitation will limit some of the intensity of the activity. 320 321 Randy Marshall referred to a custodial supply company on Highway 54 that made cleaning products. 322 323 128