Orange County NC Website
<br />6 <br />details in the Table, it is better to have Construction Offices as a category, and then spell-out storage in the actual Article 5 270 <br />provisions and district standards. So, what is listed in the Table, as the Committee sees it, will be moved to Article 5. The next 271 <br />category for review is Extractive Uses, a topic of much discussion over the years. Michael defined Extractive Uses as taking 272 <br />anything out of the ground, mining anything out of the ground, including gas, rock, ore, whatever. Planning is likely pre-empted 273 <br />from state law from engaging in a lot of regulatory detail with this. It is Mr. Harvey’s considered opinion that after proposing 274 <br />this organizational layout where we listed “no on-site processing,” (not permitted) and “on-site processing” that a better way to 275 <br />lay this out will be for Extracted Uses to be the category, and then Article 5 will state a prohibition of on-site processing, which 276 <br />is what we currently have and will leave as is. 277 <br /> 278 <br />Tony Blake noticed that under the category of Construction, grading, earth-moving and the like are not included. 279 <br /> 280 <br />Michael Harvey responded that while those activities are not specifically listed – 281 <br /> 282 <br />Paul Guthrie asked about Chapel Hill Gravel and Cape Granite gravel pits. 283 <br /> 284 <br />Michael Harvey asked if he meant American Stone off of Highway 54 kind-of-example. 285 <br /> 286 <br />Paul Guthrie responded that no, he was thinking about the one off of Damascus Church Road (Merritt’s Gravel Pit, Inc). 287 <br /> 288 <br />Michael Harvey replied that that is in Carrboro’s zoning jurisdiction, but that it is a good example for this discussion. The best 289 <br />example of what has been permitted in the County is American Stone off of Highway 54, which is allowed to do incidental 290 <br />processing (i.e. the breaking up of rock into smaller rock). The Ordinance does not allow for - and what we want to avoid is - 291 <br />putting in an asphalt plant to take the rock and mix it with chemicals to turn it into asphalt. If you are allowed to get gas, the 292 <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 293 <br />removed. 294 <br /> 295 <br />Paul Guthrie said that this aspect is also regulated in effect, because when the pits are empty, they could become a water 296 <br />supply. He said that we do not want contamination while they are doing their stone work. 297 <br /> 298 <br />Michael Harvey agreed that the goal is that there is no contamination. He pointed to the quarry off of NC Highway 57 which 299 <br />has been there many, many years. He recalled that there was a movement when he first started with the County in 2005 to 300 <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 301 <br />state to say that the Ordinance did not allow for this activity. 302 <br /> 303 <br />Tony Blake asked if the County was sued after this letter was sent. 304 <br /> 305 <br />Michael Harvey responded that no, they were anticipating that they may get sued, but the project never materialized. He 306 <br />thinks that the ultimate goal in this category is to be consistent with the overall purpose and intent of the existing regulation. 307 <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-308 <br />site processing, with appropriate language to address Paul’s observation that Planning is not trying to prohibit incidental 309 <br />manufacturing of mined product. However, this incidental product will not be allowed to be further processed it into asphalt or 310 <br />another product. Mr. Harvey continued his presentation and discussed the category of Financial Institutions. He said that the 311 <br />following question came-up: Are we really going to prohibit pawn shops, currency exchange, and payday loan? Planning Staff 312 <br />is recommending that these land uses be prohibited. He reminded the Committee that per recent court decision, Planning 313 <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 314 <br />use category as Staff defines them, it is viewed and deemed to be permitted by law. 315 <br /> 316 <br />Paul Guthrie asked about currency exchange. What is Staff’s definition? 317 <br /> 318 <br />Michael Harvey defined currency exchange as the conversion of cash by a place that is not a bank. 319 <br /> 320 <br />Paul Guthrie noted that there are several of these places in Orange County, most of which are in city jurisdictions. He said 321 <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 322 <br />money to various places. He asked if this place of business is what Mr. Harvey was referring. 323