WC BCC EAR Workshop Part 2
As Walton Commissioners met in workshop session Tuesday morning to look at the EAR process of changing land use codes, Development Services Director Pat Blackshear told commissioners that Boarding Kennels was added to Light Industrial and Town Centers will allow small adjacent parcels to be brought into the TC if they meet conditions.
The county wants to limit urban sprawl and allow categories like Estate Residential, Rural Residential and Extractive Uses exclusively in the northern part of the county. Rural Village is another category that would be considered commercial like the new Dollar General in Mossy Head. Exclusively for the southern part of the county are Conservation Residential, Neighborhood Development, and Coastal Mixed Use categories. Blackshear said some of the categories, even with little changes, had a lot of staff and public discussion.
There is a section for the Muscogee Nation Specific Area Plan in the works. By December of this year there has to be an overlay map of land use designation denoting the allowable uses on land owned by the Muscogee Nation. This allows for a variety of uses including residential and commercial, but this could change when the Tribe is federally recognized. Commissioner Comander had concerns if the every Tribe member's property, no matter where in the county, would automatically become Tribal property. Staff and legal said they feel the designation would be a land use change and would have to come before the commissioners before being placed into the category. Attorney Burke also talked about the compactness of the Tribal land. Comander said she did not want to jeopardize the Tribe's efforts to become federally recognized, but did have a concern about the hundreds of small parcels in the county. Blackshear said it is a topic that has had a lot of public comments.
Another change concerns borrow pits. Walton will now clarify the difference between a borrow pit and mining. The definition of a borrow pit has been taking material from one part of a farm and using it in another part of the farm. This is for agricultural land. Walton has allowed that definition to be used to take dirt from any agricultural land and sell it for use anywhere else, even off the premises. This has caused problems with large holes and equipment operation in areas where agriculture and residential are close together, such as the pits off Rock Hill Road. A borrow pit allows for a farmer to take material and use it to fix erosion on a stock pond or for terracing somewhere on his farm property being used under the Soil and Water Conservation District. Mining allows for the removal of material to be sold and used in other areas. Mining also requires more erosion protection and plans for use after the pit is abandoned. Blackshear said, "Borrow pits are borrow pits and mining is mining."
Infill, which is not a category, but a tool for development, will now be called Neighborhood Development. Blackshear said this is an area staff needs direction from the commissioners. She recommended going to the property owners and working on which category to use. This is probably a two years process. Blackshear said the proposed changes would help with confusion and problems. She said this could help developers so they will not have to deal with the unknown of what could happen in a public hearing. In the future, there would be zoning maps. Commissioners agreed zoning is where the county needs to be.
Heights of buildings were talked about, with commissioners and staff wanting to take more time to figure out just how high you should be able to build and where. A business closing down and reopening when it is a non-conforming use, was also talked about. Usually, if a business is closed for 6 months or more, then it cannot reopen with the same type of non-conforming operation. This might be a club that has been in an area before the land use restrictions were in place. When the club closes for more than 6 months, then it can not open as a club if clubs are not allowed in the area. But what if you are closed due to a fire or storm damage and it takes longer than 6 months before the insurance company settles? What is the definition of closed? Commissioner Scott Brannon said it is subject to the county to determine when a business is closed. Commissioner Comander said she sees it both ways, but pointed out they are not talking about all businesses: only non-conforming. The attorney noted the goal is to get rid of non-conforming use.
Adult entertainment, where should it go? The attorney explained a county cannot ban adult entertainment altogether, but can set limits on where it can go. County Attorney Burke said he would rather have the issue addressed now and put into the codes. Commissioners agreed and instructed staff to work on language, putting adult businesses in heavy industrial areas.
