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Approved 9/6/17 5 Michael Harvey answered that originally, the category was called “Child Care & Educational Facilities.” He said that 212 the reason he did not want to have just “child care” was because Staff is adding adult uses, so you cannot just say 213 “child” anymore, and that the addition was also in tune with Planning Board members’ feedback. 214 215 Kim Piracci asked for clarification as to whether or not the County Attorney just wants the land use to say “Care & 216 Educational Facilities.” 217 218 Michael Harvey confirmed this. 219 220 Lydia Wegman commented that she still likes the “adult and child” addition. 221 222 Michael Harvey said that he understood and that he will convey the feedback on this discussion. 223 224 Michael Harvey continued his presentation (page 137). The County Attorney suggested that Planning Staff change 225 the listing of “University, Colleges & Institutes” to “Schools: Universities, Colleges & Institutes.” Staff considers this 226 to be an easy change that will require updating language throughout the UDO. As discussed previously, the County 227 Attorney does not see catchall categories as a viable option, so Staff has deleted them and they will go under 228 further review. There will likely be cases in other communities involving legal action around what is and is not 229 allowable to influence changes or additions to categories in our UDO in the future. 230 231 Lydia Wegman asked a question about the category “Schools: Preparatory” (page 136). 232 233 Michael Harvey responded that by definition, “preparatory” is now the collapsing of elementary, middle, and 234 secondary preparatory education all into one land use category. It is designed to capture those land uses tied to a 235 curriculum consistent with the NC Department of Education requirements. 236 237 Michael Harvey continued his presentation (page 138). He reminded the Board that during the last ORC meeting, 238 there was a recommendation to eliminate the “Construction/Contractor Offices” land use category, and capture 239 these uses in an “Office” component rather than listing them separately. The County Attorney agrees with this 240 change. Next, in regards to “Extraction of Earth Products” (page 139), there was a concern about ensuring that 241 Staff properly spelled-out products with on-site processing and/or off-site processing. The County Attorney’s Office 242 believes that it is within the County’s legal right to say “no on-site processing allowed,” as a land use restriction. In 243 other words, extraction of earth products is allowed but they cannot be processed on-site. This would be defined by 244 this one central category. Mr. Harvey went on to say that it is more than likely that the County is preempted from 245 several things in regards to the extraction of earth products, most notably fracking. He asked Board members to 246 keep this in mind as the process moves forward. He then discussed the “General Office/Financial Institutions “(page 247 140) listed wherein “Construction/Contractor Offices” is now categorized. Staff has also collapsed other office uses 248 into “Construction/Contractor Offices,” “Financial Offices,” and “Professional Offices.” There are definitions for these 249 in Article 5. The “Professional Office” category would include the real estate agent, the attorney, the architect; and 250 “Financial Offices” is for the insurance carriers, credit agencies and institutions, and the like. 251 252 Lydia Wegman asked if medical offices were included in this section. 253 254 Michael Harvey answered that no, medical offices are handled under “Health Services,” which is made clear in the 255 Definitions. 256 257 Michael Harvey continued with his presentation (page 141). Staff discussed “Government Uses” during the last 258 ORC meeting. The County Attorney’s Office is interested in having any and all terms listed as examples previously 259 within of Government Uses categories moved out of the Table of Permitted Uses and put into the Definitions 260 sections. For example, the land uses listed under “Governmental Facilities & Office Buildings,” (Administrative, 261 Housing, Education, Public Health, Community Centers, Library, Planning/Community Development, Social 262 Services, etc.) will be explained in Definitions, and the main category will be defined by the County Attorney and 263 Planning Staff in consideration of the terms. 264