Agenda 05-21-19 8-a - Minutes - Laserfiche WebLink

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12 1 Commissioner Dorosin asked if there is some use that was prohibited somewhere in the 2 previous 10 uses of retail, that is no longer permitted anywhere. 3 Michael Harvey said no, not from that perspective. 4 Michael Harvey referred to overnight accommodations, which include hotel, motel, motor 5 lodge, motor inn, inn, tourist inn, hotel residential, rooming house, rural guest establishment 6 (bed and breakfast, bed, breakfast inn), etc. 7 Michael Harvey said with this example they have condensed everything into "Short term 8 rentals," and the policy initiatives that form the backdrop of these regulatory standards is 9 maintained in this ordinance, with these changes. He said short-term rental is a prime example: 10 he said there is a requirement in the current code, where short-term rentals in residential zoning 11 districts require a property owner to be on site. He said that policy is maintained in the revised 12 LIDO. 13 Commissioner Dorosin said there used to be a list of everything one could do, and the 14 operating presumption was that anything not listed was prohibited; but now case law says 15 anything that is not prohibited is essentially allowed. 16 John Roberts said yes. He said land use is a fundamental right, and any regulation that 17 is in derogation of land use must be clear and interpretable, as to what it is prohibiting. He said 18 any reliance on something that says one can do this, and conceivably one cannot do this, will 19 no longer be interpreted in favor of the County. 20 Commissioner Dorosin said he assumes the court would not accept: here are the five 21 things that are permitted, and anything else not listed is expressly prohibited. 22 John Roberts said that is correct, that cannot be done. 23 Michael Harvey said that is how the County had been operating, as well as every other 24 local government for decades. He said this is a fundamental correction. 25 Commissioner Dorosin said this is a fundamental correction that all local governments 26 should be doing. 27 John Roberts said every local government should be doing so, and it is not unique to 28 Orange County. 29 30 What the amendment does: 31 — Modify Article 5 Uses incorporating development standards for land uses; 32 Language identifying uses that are and are not permitted through 33 Conditional Zoning process, 34 Clarifying setbacks and land use buffers. 35 — Modify Article 10 Definitions incorporating new and/or revised definitions; 36 — Incorporate modifications to the Economic Development Hillsborough (EDH) 37 districts as directed by BOCC. 38 39 What the amendment does not do: 40 — Alter existing development restrictions (i.e. setbacks, minimum lot sizes, required 41 land use buffers, etc.) 42 — Impact/alter the County's Watershed Protection Overlay Districts (i.e. impervious 43 surface limits, required density limits, etc.) 44 — Alter required application submittal and review criteria. 45 46 Planning Board Recommendation 47 Planning Board reviewed final amendment package at its March 6, 2019 regular 48 meeting, 49 Continued discussion at a March 20 special meeting