Orange County NC Website
<br />5 <br />Michael Harvey answered that originally, the category was called “Child Care & Educational Facilities.” He said that 212 <br />the reason he did not want to have just “child care” was because Staff is adding adult uses, so you cannot just say 213 <br />“child” anymore, and that the addition was also in tune with Planning Board members’ feedback. 214 <br /> 215 <br />Kim Piracci asked for clarification as to whether or not the County Attorney just wants the land use to say “Care & 216 <br />Educational Facilities.” 217 <br /> 218 <br />Michael Harvey confirmed this. 219 <br /> 220 <br />Lydia Wegman commented that she still likes the “adult and child” addition. 221 <br /> 222 <br />Michael Harvey said that he understood and that he will convey the feedback on this discussion. 223 <br /> 224 <br />Michael Harvey continued his presentation (page 137). The County Attorney suggested that Planning Staff change 225 <br />the listing of “University, Colleges & Institutes” to “Schools: Universities, Colleges & Institutes.” Staff considers this 226 <br />to be an easy change that will require updating language throughout the UDO. As discussed previously, the County 227 <br />Attorney does not see catchall categories as a viable option, so Staff has deleted them and they will go under 228 <br />further review. There will likely be cases in other communities involving legal action around what is and is not 229 <br />allowable to influence changes or additions to categories in our UDO in the future. 230 <br /> 231 <br />Lydia Wegman asked a question about the category “Schools: Preparatory” (page 136). 232 <br /> 233 <br />Michael Harvey responded that by definition, “preparatory” is now the collapsing of elementary, middle, and 234 <br />secondary preparatory education all into one land use category. It is designed to capture those land uses tied to a 235 <br />curriculum consistent with the NC Department of Education requirements. 236 <br /> 237 <br />Michael Harvey continued his presentation (page 138). He reminded the Board that during the last ORC meeting, 238 <br />there was a recommendation to eliminate the “Construction/Contractor Offices” land use category, and capture 239 <br />these uses in an “Office” component rather than listing them separately. The County Attorney agrees with this 240 <br />change. Next, in regards to “Extraction of Earth Products” (page 139), there was a concern about ensuring that 241 <br />Staff properly spelled-out products with on-site processing and/or off-site processing. The County Attorney’s Office 242 <br />believes that it is within the County’s legal right to say “no on-site processing allowed,” as a land use restriction. In 243 <br />other words, extraction of earth products is allowed but they cannot be processed on-site. This would be defined by 244 <br />this one central category. Mr. Harvey went on to say that it is more than likely that the County is preempted from 245 <br />several things in regards to the extraction of earth products, most notably fracking. He asked Board members to 246 <br />keep this in mind as the process moves forward. He then discussed the “General Office/Financial Institutions “(page 247 <br />140) listed wherein “Construction/Contractor Offices” is now categorized. Staff has also collapsed other office uses 248 <br />into “Construction/Contractor Offices,” “Financial Offices,” and “Professional Offices.” There are definitions for these 249 <br />in Article 5. The “Professional Office” category would include the real estate agent, the attorney, the architect; and 250 <br />“Financial Offices” is for the insurance carriers, credit agencies and institutions, and the like. 251 <br /> 252 <br />Lydia Wegman asked if medical offices were included in this section. 253 <br /> 254 <br />Michael Harvey answered that no, medical offices are handled under “Health Services,” which is made clear in the 255 <br />Definitions. 256 <br /> 257 <br />Michael Harvey continued with his presentation (page 141). Staff discussed “Government Uses” during the last 258 <br />ORC meeting. The County Attorney’s Office is interested in having any and all terms listed as examples previously 259 <br />within of Government Uses categories moved out of the Table of Permitted Uses and put into the Definitions 260 <br />sections. For example, the land uses listed under “Governmental Facilities & Office Buildings,” (Administrative, 261 <br />Housing, Education, Public Health, Community Centers, Library, Planning/Community Development, Social 262 <br />Services, etc.) will be explained in Definitions, and the main category will be defined by the County Attorney and 263 <br />Planning Staff in consideration of the terms. 264 <br /> 9