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

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8 1 said the Board has consistently opposed racism, racial intimidation, white supremacy, etc. He 2 said the student protestors were treated one way, and the white supremacists were treated 3 another way. He said it is critical for the Board to continue to speak out. 4 Commissioner Price echoed Commissioner Marcoplos' request for action from UNC. 5 Chair Rich said she and Commissioner Marcoplos met with the UNC Director of 6 Communications, and agreed to on-going monthly conversations, which have occurred. She 7 said she has mentioned this resolution, and also asked UNC to send updates to the Board as it 8 is working on this process. She said Kristen Smith Young is going to be the new Community 9 Relations person (starting 4/23/19), and will also be a point of contact for the BOCC. 10 11 VOTE: UNANIMOUS 12 13 5. Public Hearings 14 15 a. Unified Development Ordinance (UDO) Table of Permitted Uses 16 The Board considered holding a public hearing, receive the Planning Board 17 recommendation, and take action on Planning Director initiated Unified Development Ordinance 18 (UDO) text amendments to the tables of permitted land uses and other sections as needed. 19 Specifically, the amendment collapses existing tables of permitted uses as contained in 20 Section(s) 5.2.1 (general use zoning districts), 5.2.2 (EDD general use zoning districts), and 21 5.2.3 (Conditional Zoning districts) into a centralized table in order to clarify permitted and 22 prohibited land uses consistent with recent court decisions. 23 Michael Harvey, Current Planning and Zoning Supervisor, presented this item: 24 25 PURPOSE: 26 To hold a public hearing, receive the Planning Board recommendation, and take action on 27 Planning Director initiated Unified Development Ordinance (UDO) text amendments to the 28 tables of permitted land uses and other sections as needed. Specifically, the amendment 29 collapses existing tables of permitted uses as contained in Section(s) 5.2.1 (general use zoning 30 districts), 5.2.2 (EDD general use zoning districts), and 5.2.3 (Conditional Zoning districts) into a 31 centralized table in order to clarify permitted and prohibited land uses consistent with recent 32 court decisions. The amendment also updates existing regulations and addresses formatting 33 issues to ensure legal sufficiency. 34 35 BACKGROUND: This project was initiated to address the findings of the State Supreme Court 36 in Byrd versus Franklin County related to the delineation of prohibited land uses. The court, in 37 rendering its decision, placed the onus on local governments to `spell out' what land uses were 38 allowable and prohibited within their respective jurisdictions. A copy of the Court's ruling in the 39 Franklin County case can be viewed at: https://www.nccourts.gov/documents/appellate- 40 courtopinions/ byrd-et-al-v-fanklin-county. 41 42 Work on the project began in the spring of 2017 with staff focusing on collapsing the existing 43 tables and creating an `exhaustive list' of permitted and prohibited land uses. This was to 44 address concerns from the Planning Director, Director of Economic Development, and several 45 BOCC members over ensuring developers were readily able to `verify' if a proposed land use 46 was permitted within the County. 47 48 In August 2017, the BOCC held a work session with Planning staff and the County Attorney ton 49 review the status of this project and provided the following direction: 50 1. Abandon the concept of an exhaustive list of allowable land uses;