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ORC minutes 010417
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ORC minutes 010417
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Approved 2.1.17 <br /> <br />6 <br />the same then we may suggest as a second step, “Let’s come up with ED-1 and get rid of the B and the E and all that stuff. 266 <br />But we’re going to have to go through this iteration because those zoning categories are on the ground and we’ll have to 267 <br />actually go through a zoning process to rename them the different areas. So just like you might remember some of those 268 <br />general or conventional districts we came up with. That new office-manufacturing district, that was a really good mix of uses. 269 <br />We can’t use that in our Economic Development zones right now. We’d love to use that in the other categories so we might 270 <br />come up with some as we’re looking at this and say, “Oh that would be good somewhere else”, and have to go though some 271 <br />extra steps to collapse it even further to use more of a general Economic Development zone. We know there’s uniqueness 272 <br />between those three zones. They’re kind of a part of three separate agreements with the local municipalities that they annex 273 <br />them. So they’re probably going to retain some of their uniqueness, but if there’s a chance we can collapse, we may. 274 <br /> 275 <br />Tony Blake: That’s why I asked that question this afternoon about Chapel Hill’s new light industrial and the thing that we just 276 <br />approved outside of Hillsborough sounds like they should be similar, if not the same. 277 <br /> 278 <br />Lydia Wegman: Ok, so that’s not what you’re doing? 279 <br /> 280 <br />Michael Harvey: Right. We may be making recommendations but this is not going to collapse anything. I think it’s fair to say 281 <br />we would get lost in the minutia of the collapse versus getting the table permitted uses fixed. This is, again, already going to 282 <br />an endeavor. This is already going to be involved. There’s not reason to overcomplicate this ay more than it’s going to have to 283 <br />be. But I think it would be valuable to hear your comments along those lines as we move forward. Why do we have it broken 284 <br />up this way? Why can’t we look at collapsing it? County Commissioners, maybe a future project is X, that is something that 285 <br />you need to keep in mind and that is something that could be beneficial as we go through the process. 286 <br /> 287 <br />Tony Blake: So just for the sake to make it easier to parse the information is it possible to get this in an XL spreadsheet? 288 <br /> 289 <br />Michael Harvey: Anything’s possible. 290 <br /> 291 <br />Tony Blake: Yeah I’m just… being able to write a formula to say, “give me all the ones that have this use, or all of the 292 <br />categories of zoning districts that have this use” because I expect that the paper is going to be longer even than it is wider. It’s 293 <br />going to be huge. And just being able to sort in a spreadsheet would be, I think, easier. And then later, as a Word product if it’s 294 <br />in a common separated format it’s easier to computerize or put in a place where it can be accessed electronically as opposed 295 <br />to by paper. That’s all. I’m making that suggestion, not necessarily… 296 <br /> 297 <br />Michael Harvey: It’s not a bad idea. The question is how many iterations are we going to be producing? 298 <br /> 299 <br />Tony Blake: Right, you want one controlled copy. 300 <br /> 301 <br />Michael Harvey: Yeah, and I think that’s probably where most of my concern is. I think that it’s important that we’re providing 302 <br />you this information in a format and a mechanism that you all can make best use of it and if that’s the best way to do this then 303 <br />we’re going to have to investigate it. Obviously, it’s going to have to be in a table when we get to the final iteration of this so 304 <br />that it’s going to be able to be put into the UDO formatting. 305 <br /> 306 <br />Paul Guthrie: Can I ask one quick question just to help me get a reference on how we deal with this? What was the decision 307 <br />and on what subject of the Byrd case? 308 <br /> 309 <br />Michael Harvey: Well the Byrd case involves somebody being denied. There were elements of references to a shooting range 310 <br />but if there was another land use and somebody wanted to develop and somebody made the distinction that, “Well the land 311 <br />use in and of itself is not permitted” We think it falls into this category however which is not permitted in your zoning district. 312 <br />And the suit was, “No, you have to give me a comprehensive list telling me what I can and cannot do with my property. 313 <br />Because if you’re not then you’re denying me fair and impartial use of it because you’re not telling me you can do this and this 314 <br />and this. If it’s all based on your supposition of what this term means and this term means then I don’t have a clear, easily 315 <br />understandable, definable path to determine whether I can do something with my property”. And the Court basically said, 316 <br />“That’s accurate. The responsibility is on the government to provide that data so that you as a property owner can make that 317
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