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Agenda - 06-04-2024; 5-d - Unified Development Ordinance Text Amendment – Tobacco and Hemp Retail Use
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Agenda - 06-04-2024; 5-d - Unified Development Ordinance Text Amendment – Tobacco and Hemp Retail Use
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BOCC
Date
6/4/2024
Meeting Type
Business
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Agenda
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5-d
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21 <br /> DRAFT <br /> 391 <br /> 392 Charity Kirk: How restricted do we think it should be is the question. <br /> 393 <br /> 394 Cy Stober: And I'll be happy to process whatever recommendation you make and present it to the <br /> 395 Commissioners, that's my job. <br /> 396 <br /> 397 Lamar Proctor: I agree with Charity, these places are selling mood altering substances, that is their <br /> 398 primary product. And they tend to be attractive uses. When I was a prosecutor in Durham, these places bring <br /> 399 in bad elements because of the nature of their business. Could it be an 12 or 13 as a Special Use or a subject <br /> 400 to use standards? <br /> 401 <br /> 402 Cy Stober: Well, certainly subject to use standards. <br /> 403 <br /> 404 Lamar Proctor: And I'm not clear on Special Use so that's why I'm asking. That would require a permit <br /> 405 and that's usually for things that are technical. <br /> 406 <br /> 407 Cy Stober: Right, and Ms. Bronson and Mr. Beeman are on the Board of Adjustment, and so it would <br /> 408 be a process to go through, but it would actually be fairly clear cut. If they meet the development standards <br /> 409 and they've shown that they're not going to harm any of the adjoining neighbors, it would have to be approved. <br /> 410 It's a very objective analysis. <br /> 411 <br /> 412 Lamar Proctor: So the question really is, are you going to set such a high bar that it's virtually impossible <br /> 413 to get one or you going to shove them off into your 12, 13— <br /> 414 <br /> 415 Cy Stober: Or both. You could leave it an NR-CD and allow it with development standards in the <br /> 416 industrial zoned districts if that's the pleasure of the Board. <br /> 417 <br /> 418 Lamar Proctor: And it could be subject to use standards in 12, 13. Because of the additional 1,000 foot <br /> 419 restrictions and all that. <br /> 420 <br /> 421 Cy Stober: So, yes, and I would as strongly as I can encourage you to require that, otherwise, I'll <br /> 422 have to make a different recommendation to require the use standards to the Board and I don't want to do that <br /> 423 if I don't have to. <br /> 424 <br /> 425 Beth Bronson: But you're saying use the existing standards that you've put out. Not, I know you're not <br /> 426 saying that, sorry. <br /> 427 <br /> 428 Cy Stober: No, I am, yes. I'm trying to be emphatic as I can, but I serve at your pleasure. Not trying to <br /> 429 tell you what to do, but I really need you to do that, otherwise, I'm going to have to make a different <br /> 430 recommendation. <br /> 431 <br /> 432 Marilyn Carter: And can we ask Lamar to articulate a potential motion to validate it with the Planning <br /> 433 Director? <br /> 434 <br /> 435 Adam Beeman: Well, so before we make a motion, I guess we have to debate it and agree that we want to <br /> 436 put that forward because if it's not going to go anywhere then — <br /> 437 <br /> 438 Charity Kirk: So, the discussion is keeping the proposal, and then also adding it to 12, 13, with the <br /> 439 special— <br />
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