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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
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6/4/2024
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Business
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Agenda
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5-d
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24 <br /> DRAFT <br /> 538 <br /> 539 Beth Bronson: You're putting it in an industrial district though. With all respect, I do understand what <br /> 540 you're saying, but you're putting it in industrial district where, again, there are commercial and retail sale, but <br /> 541 there's also an impetus for larger footprint spaces. So in industrial you could have a hundred thousand square <br /> 542 foot building and then you have a 12,000 square foot hemp and tobacco retail, and so then, again, you're <br /> 543 creating this one spot that is off the beaten path for people who would like to go and buy these products <br /> 544 without a lot of other public around, and if you're talking about trying to deter that type of behavior, you're <br /> 545 basically just isolating that to one area of town which, again, could be problematic if you think about where the <br /> 546 industrial zoning is and what residential areas might be near it. That is a consideration, I would think. <br /> 547 <br /> 548 Lamar Proctor: To me the only question is, do you want to allow some due process where someone could <br /> 549 if they convince Board of County Commissioners that this was a good thing for the county and was consistent <br /> 550 with Comprehensive Land Use Plans, Conditional Zoning or do you wanna just say, "hey, people are going to <br /> 551 do what they're going to do so let's shove it into 12 or 13 over there with the sexually-oriented businesses, <br /> 552 because it's clearly a vice-oriented business. Me, personally, I would approve it as written, that it should just <br /> 553 go under Conditional Zoning. I don't see how,just given the definition, that it is consistent with the <br /> 554 Comprehensive Land Use Plan, but maybe some future retailer could convince some future board as to how it <br /> 555 is. There is a process by which such a retailer could get approved if they really tried. <br /> 556 <br /> 557 Cy Stober: That's correct. <br /> 558 <br /> 559 Chris Johnston: Could I put a motion now, that is unpopular and then figure out where we stand from <br /> 560 there? <br /> 561 <br /> 562 Adam Beeman: Good. <br /> 563 <br /> 564 MOTION BY Chris Johnston to submit the proposed amendment with the change where Tobacco and Hemp <br /> 565 Retail is in no Conditional Districts. Seconded by Charity Kirk. <br /> 566 <br /> 567 Chris Johnston: Take it out of the Conditional Zoning District, the NRCD, where I believe it was placed- <br /> 568 <br /> 569 Charity Kirk: Well, so what's the alternative? <br /> 570 <br /> 571 Chris Johnston: So, the alternative is to have it blank across the board. <br /> 572 <br /> 573 Adam Beeman: You can't do it anywhere. <br /> 574 <br /> 575 Chris Johnston: You simply cannot do that in Orange County that we take it out of the Conditional Zoning <br /> 576 because we feel that given the language from the Health Board and from the County Commissioners that to ut <br /> 577 it in there would be to waste the applicant's time. <br /> 578 <br /> 579 Charity Kirk: Sure, I'll second that. <br /> 580 <br /> 581 Delores Bailey: So, doesn't that further make Beth's point about if you tell them they can't have it they'll <br /> 582 put it someplace else and it'll just– <br /> 583 <br /> 584 Chris Johnston: I think that argument is if you tell them they can't, they put it somewhere else is true of any <br /> 585 law, right? Like if you make murder illegal they're going to go murder somewhere else or something like that. <br /> 586 <br />
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