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11 <br /> 1 In addition, as noted in the Public Hearing Notice (Attachment 1), the full text of the <br /> 2 amendments pages and other information has been available from the Orange County Planning <br /> 3 Department. <br /> 4 <br /> 5 Michael Harvey made the following PowerPoint presentation: <br /> 6 <br /> 7 BOCC PUBLIC HEARING <br /> 8 April 16, 2019 <br /> 9 Unified Development Ordinance (UDO) Text Amendment(s) <br /> 10 Table of Permitted Uses <br /> 11 <br /> 12 Background <br /> 13 UDO has 3 different tables outlining permitted land uses; <br /> 14 — STAFF COMMENT: General use zoning districts (i.e. Rural Buffer, Rural <br /> 15 Residential, General Commercial, etc.); Economic Development (EDD) general <br /> 16 use zoning districts ; Conditional Zoning Districts; <br /> 17 Tables contain unique, distinct, and often contradictory list(s) of allowable land uses. <br /> 18 In 2015 State Supreme Court (Byrd versus Franklin County) found the omission of <br /> 19 listing a land use within a table of permitted uses did not mean same was prohibited; <br /> 20 Court stated: `.... law favors uninhibited free use of private property over government <br /> 21 restrictions'. <br /> 22 Onus placed on local governments to `spell out' what land uses were allowable and <br /> 23 expressly prohibited within their respective jurisdictions. <br /> 24 Project started in January of 2017; <br /> 25 — Planning Board Ordinance Review Committee (ORC) reviewed project at <br /> 26 approximately 10 different meetings; <br /> 27 — BOCC and County Attorney reviewed status of project at August 2017 work <br /> 28 session providing additional direction; <br /> 29 — Four open house meetings (July 25/27, 2017 and August 23/27, 2018) held <br /> 30 soliciting public input; <br /> 31 <br /> 32 Proposal <br /> 33 What the amendment does: <br /> 34 — Collapse 3 existing tables into central table; <br /> 35 — Collapse similar land uses into single categories to eliminate the `exhaustive' list <br /> 36 of land uses; <br /> 37 Retail land uses are now a single land use category versus 6 to 10 <br /> 38 separate `retail' land uses; <br /> 39 Overnight accommodation (i.e. hotel, motel, bed and breakfast) now <br /> 40 condensed into 3 categories <br /> 41 <br /> 42 Commissioner Dorosin asked if the goal is to simplify the LIDO, and if any substantive <br /> 43 changes have been made. <br /> 44 Michael Harvey said in many instances the list was condensed due to unnecessary size, <br /> 45 but in other instances there have been definitions added to provide additional framework to that <br /> 46 which staff considers land uses to be. He said this provides additional direction for both staff <br /> 47 and the property owner. He said this effort is a streamlining attempt of the UDO; to make it <br /> 48 more user friendly. He said this ordinance also collapses and condenses existing land uses, <br /> 49 while maintaining existing policy. <br />