HomeMy WebLinkAboutAgenda 05-16-2023; 8-a - Minutes 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 16, 2023
Action Agenda
Item No. 8-a
SUBJECT: Minutes
DEPARTMENT: Board of County Commissioners
ATTACHMENT(S): INFORMATION CONTACT:
Draft Minutes (Under Separate Cover) Laura Jensen, Clerk to the Board, 919-
245-2130
PURPOSE: To correct and/or approve the draft minutes as submitted by the Clerk to the Board
as listed below.
BACKGROUND: In accordance with 153A-42 of the General Statutes, the Governing Board
has the legal duty to approve all minutes that are entered into the official journal of the Board's
proceedings.
Attachment 1: April 4, 2023 Business Meeting
FINANCIAL IMPACT: There is no financial impact associated with this item.
SOCIAL JUSTICE IMPACT: There is no Orange County Social Justice Goal impact associated
with this item.
ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends the Board approve minutes as
presented or as amended.
Attachment 1
1
1 DRAFT MINUTES
2 ORANGE COUNTY
3 BOARD OF COMMISSIONERS
4 BUSINESS MEETING
5 April 4, 2023
6 7:00 p.m.
7
8 The Orange County Board of Commissioners met for a Business Meeting on Tuesday, April 4,
9 2023 at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, NC.
10
11 COUNTY COMMISSIONERS PRESENT: Chair Jamezetta Bedford, Vice Chair Earl McKee,
12 and Commissioners Amy Fowler, Sally Greene, Jean Hamilton, Phyllis Portie-Ascott, and Anna
13 Richards
14 COUNTY COMMISSIONERS ABSENT: None.
15 COUNTY ATTORNEYS PRESENT: John Roberts
16 COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
17 Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified
18 appropriately below)
19
20 Chair Bedford called the meeting to order at 7:00 p.m. All commissioners were present.
21
22 1. Additions or Changes to the Agenda
23
24 There were no changes to the agenda.
25
26 Chair Bedford read the public charge:
27
28 The Board of Commissioners pledges its respect to all present. The Board asks those
29 attending this meeting to conduct themselves in a respectful, courteous manner toward
30 each other, county staff and the commissioners. At any time should a member of the
31 Board or the public fail to observe this charge, the Chair will take steps to restore order
32 and decorum. Should it become impossible to restore order and continue the meeting,
33 the Chair will recess the meeting until such time that a genuine commitment to this
34 public charge is observed. The BOCC asks that all electronic devices such as cell
35 phones, pagers, and computers should please be turned off or set to silent/vibrate.
36 Please be kind to everyone.
37
38 2. Public Comments (Limited to One Hour)
39 a. Matters not on the Printed Agenda
40
41 There was no one signed up to speak.
42
43 b. Matters on the Printed Agenda
44 (These matters will be considered when the Board addresses that item on the agenda below.)
45
46 3. Announcements, Petitions and Comments by Board Members
47 Commissioner Greene petitioned the County Manager to schedule a meeting with the City
48 Council of Mebane before the end of June if possible to discuss their common interests in the
49 western part of Orange County.
50 Commissioner Richards attended the Orange County Partnership for Young Children
51 advisory board. She said a subgroup will be meeting the next day to delve into the issue of
2
1 childcare openings not evenly distributed in the county. She said that it is a bigger issue than
2 transportation. She said she attended the HBA housing summit in the previous week. She said
3 the principal speaker was from the Strong Towns organization. She said the speaker described
4 innovative and creative ways for thinking about development and neighborhoods. She said that
5 April is re-entry month and there will be activities going on throughout the month. She said that
6 earlier in the day she went to the opening of the Hillsborough site for Boomerang youth
7 organization. She said that it is a great addition and alternative for young people. She said there
8 will be a free summer program for children.
9 Vice-Chair McKee thanked everyone who took time to attend the business meeting.
10 Commissioner Hamilton said she attended the school safety committee meeting on March
11 231d. She said the group is making steady progress for making the schools safer for students,
12 teachers, and staff.
13 Commissioner Portie-Ascott said that she was continuing to meet with departments as
14 she learned about the county. She has met with Asset Management Services; Aging; Economic
15 Development and took a tour of Economic Development zones; the Department of Environment,
16 Agriculture, Arts, and Parks and Recreation; and Cooperative Extension. She said she also
17 attended ribbon-cutting for Boomerang. She said she was not aware that they had an afterschool
18 program for any youth that wanted to attend. She said they have a goal for getting a 15-passenger
19 van. She said some youth want to attend but cannot due to transportation issues.
20 Commissioner Fowler said that April is Autism Awareness and Acceptance Month. She
21 encouraged people to attend an event at the Chapel Hill Public Library on April 151h at 1 pm
22 sponsored by the Town of Chapel Hill, B3 Coffee, and the Autism Society of North Carolina —
23 Orange/Chatham Chapter. She said the event is called Autistic Children Grow Up and will feature
24 a film titled Deej and panel discussion afterwards on autism and adulthood. She said it is a great
25 event for learning how to be more inclusive. She said on March 24th she attended the IDEAL
26 Communities Action Team held at the Alliance office in Morrisville. She said IDEAL stands for
27 inclusive, diverse, engaging, affordable, and lifelong. She said the initiative was started by HOPE
28 (Housing Options for People with Exceptionalities), whose mission is to create inclusive
29 communities where people of all abilities and ages experience a sense of belonging. She said
30 their goal is for such a community to be mutually beneficial to all residents by increasing housing
31 stability and affordability, enhance social connections, and reduce isolation. She said the goal is
32 for approximately 25% of units to be set aside for adults with developmental disabilities, with the
33 other units being occupied by older adults, single adults, and families. She said that, ideally, it
34 would be walkable, close to transportation, economic opportunities, health care, etc. She said
35 the next meeting is Friday, June 2nd
36 Chair Bedford said she attended a joint meeting with CAMPO (Capital Area Metropolitan
37 Planning Organization) and the Durham Chapel Hill Carrboro MPO (Metropolitan Planning
38 Organization). She said there was discussion about commuter rail and updates with TIP process.
39 She said that there is an opportunity with Triangle J Council of Governments called Connect
40 Region, which encourages communities in the Triangle area as a broader community and to
41 consider regionality. She said that Triangle J is hoping to get $1.5 million to develop a plan of a
42 regional vision and a strategy document that focuses on land use, housing, transportation,
43 water/sewer, equity, public safety, and other issues. She said the plan would have goals,
44 strategies, targets, and a connected region (voluntary) compact, with a commitment to refresh the
45 plan every 5 years. She said that the group was supportive. She said that Granville County
46 wanted to be remembered in the plan since they are affected by increased growth. She said that
47 it would be good to consider some of the softer planning items, such as homelessness, hunger,
48 aging services, mental health - the actual systems in the state that are failing residents.
49
50
51
3
1 4. Proclamations/ Resolutions/ Special Presentations
2 a. Public Safety Telecommunicators Week Proclamation
3 The Board approved a proclamation recognizing the week of April 9-15, 2023 as Public Safety
4 Telecommunicators Week in Orange County.
5
6 BACKGROUND: Every year across the nation, the second full week of April is dedicated to the
7 professional women and men who serve as public safety telecommunicators. First conceived by
8 Patricia Anderson of the Contra Costa County (California) Sheriff's Office in 1981, this practice
9 was recognized by Representative Edward J. Markey (D-Massachusetts) in what became House
10 Joint Resolution 284 to establish "National Public Safety Telecom municator Week". With the
11 continued efforts of the International Association of Public Safety Communications Officials and
12 the National Emergency Number Association, the act to recognize public safety
13 telecommunicators became a permanent proclamation in 1994.
14
15 Each day hundreds of Orange County residents and those passing through rely on the expertise
16 and dedication of public safety telecommunicators. These professionals help save countless lives
17 by answering emergency calls, dispatching law enforcement, fire, and emergency medical
18 personnel and equipment, as well as providing support to the residents and visitors of this county.
19 Their skills in high-pressure situations assist in providing rapid emergency response, aid, and
20 compassion in times of great distress and critical decision-making within seconds.
21
22 Orange County Communications is the primary answering point for all emergency and non-
23 emergency service calls in the County. In 2022 NC Public Safety Answering Points (PSAPs)
24 answered 7.5 million 9-1-1 calls. Orange County 9-1-1 telecommunicators answered 84,314 9-
25 1-1 calls and handled over 107,000 administrative calls. The telecommunicators dispatched over
26 180,000 calls for service with an average of five telecommunicators on duty. The communications
27 center operates twenty-four hours a day, seven days a week, three hundred sixty-five days a year,
28 with a staff of twenty-eight full-time telecommunicators.
29
30 Orange County's telecommunicators continue to strive for excellence in their performance and
31 are among the most highly trained in the state.
32
33 Orange County's telecommunicators provide a valuable service to residents, visitors, and public
34 safety providers.
35
36 Laurie Piche, Communications Coordinator for 911 Communications, introduced the
37 proclamation. She said that in 2022, telecommunicators answered more than 195,000 calls, 90%
38 of which were answered within ten seconds, which is the North Carolina 9-1-1 Board standard.
39 She said they dispatched and monitored 92,700 calls for service. She said they provided CPR
40 instructions for 266 cardiac arrest victims, and assisted in the successful delivery of three babies.
41 She thanked the Board for the proclamation and invited them to visit the 9-1-1 operations center.
42 Commissioner Portie-Ascott read the proclamation:
43
44 ORANGE COUNTY BOARD OF COMMISSIONERS
45 PUBLIC SAFETY TELECOMMUNICATORS WEEK
46 2023
47 PROCLAMATION
48
49 WHEREAS, emergencies can occur at any time that requires police, fire, or emergency medical
50 services; and
4
1
2 WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters, and
3 paramedics is critical to the protection of life and preservation of property; and
4
5 WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and
6 accuracy of information obtained from individuals who telephone the Orange County Emergency
7 Services 9-1-1 Communications Center; and
8
9 WHEREAS, Public Safety Telecommunicators are the first, and most critical contact our residents
10 and visitors have with emergency services; and
11
12 WHEREAS, Public Safety Telecommunicators are the single vital link for our police officers,
13 medical responders, and firefighters by monitoring their activities via computer and radio,
14 providing pertinent information, and helping to ensure their safety; and
15
16 WHEREAS, Public Safety Telecommunicators of Orange County Emergency Services have
17 contributed substantially to the apprehension of criminals, suppression of fires, and treatment of
18 patients; and
19
20 WHEREAS, each Public Safety Telecommunicator of Orange County Emergency Services has
21 exhibited compassion, understanding, and professionalism during the performance of their job in
22 the past year;
23
24 NOW, THEREFORE, we, the Orange County Board of Commissioners, hereby proclaim the week
25 of April 9 through 15, 2023 as Public Safety Telecommunicators Week, in honor and recognition
26 of our County's Telecommunicators whose diligence and professionalism help keep our county,
27 residents, and visitors safe.
28
29 Adopted this fourth day of April, 2023
30
31
32 Jamezetta Bedford, Chair
33 Orange County Board of Commissioners
34
35 Laurie Piche introduced Darren Strickland, 9-1-1 systems administrator and Rebecca
36 Jones, the 9-1-1 coordinator.
37 Chair Bedford noted that they have a very high call volume and thanked staff.
38 Vice-Chair McKee said that without telecommunicators they would have much more
39 difficult situations on their hands.
40 Commissioner Portie-Ascott said she looked forward to her upcoming tour of Emergency
41 Services. She said that the UNC School of Government also took a recent tour and that she
42 heard positive things about the division.
43 Commissioner Hamilton thanked the 9-1-1 communications division.
44
45 A motion was made by Commissioner Hamilton and seconded by Commissioner Fowler
46 to approve and authorize the Chair to sign the Proclamation.
5
1 VOTE: UNANIMOUS
2
3 5. Public Hearings
4 a. Public Hearing on FY 2023-2024 Annual Action Plan for the HOME Investment
5 Partnerships Program
6 The Board held a public hearing on the Annual Action Plan for the HOME Investment Partnerships
7 Program.
8
9 BACKGROUND: Every year, state and local governments ("Participating Jurisdictions") that
10 receive HOME Investment Partnerships Program ("HOME") funds from the U.S. Department of
11 Housing and Urban Development ("HUD") are required to complete an Annual Action Plan that
12 lays out how they will allocate HUD funds for the upcoming program year in order to address the
13 goals and priorities in the Consolidated Plan. A summary of the draft Annual Action Plan for FY
14 2023-2024 is in Attachment 1.
15
16 For FY 2023-2024, Orange County anticipates receiving the following HOME resources:
17
FY 2023-2024 HOME Funds $ 429,496.00
10% Program Administration $ 42,949.60
FY 2023-2024 HOME Funds Minus 10% Admin $ 386,546.40
HOME Program Income $ 13,306.00
Local Match $ 96,636.60
Total Allocation + Program Income + Match $ 496,489.00
18
19 Orange County is a special type of Participating Jurisdiction, called a Consortium, consisting of
20 Orange County and the Towns of Carrboro, Chapel Hill, and Hillsborough. Orange County serves
21 as the lead entity for the Orange County HOME Consortium. The Consortium has drafted the FY
22 2023-2024 Annual Action Plan based on the HOME award recommendations made by the Local
23 Government Affordable Housing Collaborative, detailed below.
24
25 The Local Government Affordable Housing Collaborative (the "Collaborative"), comprised of one
26 (1) elected official and staff members from Orange County and the Towns of Carrboro, Chapel
27 Hill, and Hillsborough, reviewed the received applications for the FY 2023-2024 HOME Program
28 on March 9, 2023 and made the following funding recommendations for consideration by each of
29 the jurisdictions' elected bodies:
30
Applicant and Project Funding Funding
Requested Awarded
CASA— Pre-Development and Rental Development $512,000.00 $446,489.40
Pee Wee Homes— Rental Development $50,000.00 $50,000.00
Community Empowerment Fund — Homebuyer $50,000.00 -
Assistance
Common Ground Eco- Village — Homebuyer Assistance $280,000.00 -
EMPOWERment— Rental Acquisition $120,000.00 -
Habitat for Humanity— Homebuyer Assistance $475,000.00 -
Ho a Renovations — Homeowner Rehabilitation $24,975.00 -
Administration 10% of HOME Funds, per statute $ 42,949.60 $ 42,949.60
Total $ 1,554,924.60 $ 539,439
31
6
1 In accordance with HUD requirements and the Orange County Citizen Participation Plan, the
2 Orange County HOME Consortium must hold a public hearing to obtain residents' comments and
3 feedback on the draft Annual Action Plan during the public comment period, from April 1 —April
4 30, 2023.
5
6 Notice of this public hearing was published in The Herald Sun and La Noficia. Copies of the draft
7 Annual Action Plan were posted on the Orange County Housing Department website, and a link
8 to the website and draft plan were circulated by public notice in the newspapers listed above, as
9 well as by email to more than 100 relevant stakeholders to include local service providers,
10 nonprofit organizations, government entities, elected officials, and interested residents.
11
12 All comments received during this hearing, and anytime during the public comment period, will be
13 incorporated into the final HOME Annual Action Plan to be submitted to HUD. Before submitting
14 the final plan, the Board of Commissioners will consider the approval of the HOME Annual Action
15 Plan and the FY 2023-2024 HOME Program Design (funding recommendations) later in 2023.
16 The governing boards for the Towns of Chapel Hill, Carrboro, and Hillsborough are also
17 scheduled to consider the approval in 2023, in order for the final plan to be submitted to HUD by
18 the federal deadline in May 2023.
19
20 Corey Root, Housing Director, introduced the item and reviewed some of the background
21 material in the agenda.
22 Chair Bedford asked when the item will come back to the Board for approval.
23 Corey Root said the public comment period will be open through the end of April. She
24 said it will then come back to the Board at the first business meeting in May.
25 Commissioner Fowler asked if people are able to view the scoring so they could
26 understand how the applications were evaluated and how they compared to each other.
27 Corey Root said they could make that available.
28 Commissioner Greene said that the CASA project on Homestead Road is part of Chapel
29 Hill's efforts to support affordable housing.
30
31 Vice-Chair McKee made a motion to open the public hearing, seconded by Commissioner
32 Fowler.
33
34 VOTE: UNANIMOUS
35
36 There was no one signed up to speak for the public hearing.
37
38 Commissioner Fowler made a motion to close the public hearing, seconded by Vice-Chair
39 McKee.
40
41 VOTE: UNANIMOUS
42
43 Chair Bedford asked what other ways the public could make comments.
44 Corey Root said that comments can be submitted by email or call her office.
45 Commissioner Richards asked if there are other ways that partners can participate for
46 housing issues.
47 Corey Root said there are bond funds that were passed in 2016, and that the county has
48 done two issuances of funding in 2017 and 2020. She said that there was about$700,000 leftover
49 for housing and that they were working towards another issuance in the summer.
50 Commissioner Richards asked if that would be a competitive process where people submit
51 proposals.
7
1 Corey Root said it would be and there would be a call for applications.
2 Commissioner Richards said there were CARE and ARPA funds in previous years that
3 were available for housing.
4 Corey Root said they spent the vast majority of those funds on emergency housing
5 assistance.
6
7 b. Application for Zoning Atlas Amendment — Parcel Located at 3026 White Cross Road,
8 Chapel Hill, in Bingham Township
9 The Board held a public hearing, received the Planning Board/staff recommendation and public
10 comment, closed the public hearing, and considered action on an applicant-initiated Zoning Atlas
11 Amendment to rezone a 4.83+/- acre parcel (PIN: 9749-40-2351) located at 3026 White Cross
12 Road, Chapel Hill within the Bingham Township of Orange County from AR (Agricultural
13 Residential), & NC-2 (Neighborhood Commercial) to NR-CD (Non-Residential Conditional
14 District).
15
16 BACKGROUND: On November 17, 2022 a Conditional Zoning Atlas Amendment application
17 (Attachment 1) was received proposing to rezone 4.83 acres of property at 3026 White Cross
18 Road, Chapel Hill, within the Bingham Township. The Staff Report in Attachment 2 contains
19 additional information, maps, and analysis.
20
21 Basic Review Process: A conditional district rezoning application requires submission of a site
22 plan and other documents, in accordance with Section 2.9.1(C) of the Unified Development
23 Ordinance (UDO). The typical cadence for the review is as follows:
24
25 • FIRST ACTION —Applicant holds a Neighborhood Information Meeting (NIM).
26 STAFF COMMENT: The Neighborhood Information Meeting was held on February
27 22, 2023 at 5:30 p.m. at the Orange County Public Library.
28 • SECOND ACTION —The Planning Board reviews the application at a regular meeting
29 and makes a recommendation to the BOCC.
30 STAFF COMMENT. The Planning Board reviewed this application at its regular
31 meeting on March 8, 2023.
32 • THIRD ACTION—The BOCC receives the Planning Board and staff recommendations
33 at an advertised public hearing and makes a decision on the application.
34 STAFF COMMENT. The public hearing is scheduled for April 4, 2023.
35
36 Per Section 2.9.1 (F) (3) of the LIDO, mutually agreed upon conditions can be imposed as part of
37 this process if they address:
38 a. The compatibility of the proposed development with surrounding property,
39 b. Proposed support facilities (i.e. roadways, and access points, parking areas and
40 driveways, pedestrian and vehicular circulation systems, screening and buffer areas, the
41 timing of development, street and right-of-way improvements, storm water drainage, the
42 provision of open space, etc.), and/or
43 c. All other matters the County may find appropriate or the petitioner may propose.
44
45 A formal site plan is required as part of a conditional rezoning application and has been submitted
46 (Attachment 1). Approval of a site-specific plan is part of the conditional district rezoning process,
47 and the site plan and any agreed-upon conditions are binding to the development footprint
48 permitted for the zoning district.
49
50 Staff has recommended the imposition of conditions, as included in the Ordinance in Attachment
51 8. The following conditions have been proposed and agreed to by the applicant:
8
1 1. Application: Project shall be completed as presented in approved site plan/application
2 packet;
3 2. Off-Street Parking Requirements: Relief from providing the 54 parking spaces required,
4 conditional on provision of 34 parking spaces;
5 3. Driveway Access: Responsive to NC Department of Transportation comments, right turn
6 lane shall be provided at the White Cross Road driveway;
7 4. Resource Protection Area: Recognizing that the property is within a Resource Protection
8 Area due to its proximity to the White Cross School the north elevation towards NC Hwy
9 54 shall consist of the same treatment of cement fiber, lap siding, trim, crown, frieze,
10 simulated windows, etc. as proposed for the front elevation in the submitted application;
11 5. Existing Building: Applicant will accept an offer from the community to remove the existing
12 structure at no cost/liability to the applicant if a written and qualified offer is received within
13 30 days of site plan approval and the existing structure is removed within 60 days of
14 agreement;
15 6. Fire Safety: Fire suppression needs shall be met by securing a deed of easement and
16 agreement for use of the water source (3 acre pond) identified on Orange County PIN
17 9748-28-3016.
18
19 Public Notification: In accordance with Section 2.8.7 of the LIDO, notices of the Public Hearing
20 were mailed via first class mail to property owners within 1,000 feet of the subject parcel. These
21 notices were mailed on February 21, 2023, 14 days before the meeting. Staff also posted the
22 subject parcel with a signs on February 21, 2023, 14 days before the meeting. See Attachment
23 3 for the notification materials.
24
25 Planning Board Recommendation: The Planning Board reviewed the zoning atlas amendment at
26 its March 8, 2023 regular meeting. At this meeting the Board voted 9 to 3 to recommend denial
27 of the application based on its finding that the application is inconsistent with the Comprehensive
28 Plan.
29
30 Excerpts of the minutes from the meeting are included in Attachment 6. Agenda materials from
31 the meeting can be viewed at: https://www.co.orange.nc.us/Agendacenter/Planning-Board-26
32
33 Planning Director's Recommendation: The Planning Director recommends approval of the:
34 1. Statement of Consistency indicating the zoning atlas amendment(s) are reasonable
35 and in the public interest as contained in Attachment 7.
36 2. Ordinance amending Zoning Atlas, as well as imposing development conditions, for
37 the identified parcel as contained in Attachment 8.
38
39 Ty Stober, Planning Director, made the following presentation:
40
41
9
1 Slide #1
ORANGE COUNTY
NORTH CAROLINA
Zoning Atlas Amendment
AR & NC-2 Zoningto NR-CD Zoning
026 WhiteCross Road PIN: 9749-40-2351
Applicant:Clandon Forest Equity, LLC.
Board of County Commissioners
April 4, 2028
2
3
4 Slide #2
ME NG CADENCE
1. Staff Presentation
2. Applicant Presentation
3. Questionsfrom the Commissioners
4. Public Cor> ments
. Board Deliberation and Decision
ORANGE COUNTY
5
6
7
10
1 Slide #3
ZONING & LAND USE REVIEW
NQGS 1 OD-701
ZonlN regidatlons shall be made in accordance with a comprehensive pian and shah be
designed to pr miff the public health. safely,and general The regulations
shall be made wilh reaaonatrle conideration.amrig other things, gas to the ctiaracter of
the district and its peculiar suitability for particular uses and with a view to conserving the
value of buildings and encouraging the most approprlale use of land throughout the local
governesant's planning and development regulation Jurisdiction. The regulations may not
Include, as a$asls for denying a zoning or remning request from a school,the levet of
service of a road facility or facriities abuttiN the school or proximately lQca'teal to the
school
ORANGE COUNTY
r'Otrn r Ck3UM NA
2
3
4 Slide #4
ZONING & LAND USE REV'IE'W
NQQS 160D-701
Zoning regulatldns Shall b@ made in acc vrdance mvilh a corriprehensrve plan and shah be
designed to health. satetyy.and general welfare__._The regulations
shag be made viinh re3:5cnal:a consideration.among other things, as to the character of
the district and itR pecuha, y for particular usesand with a view to con%ervin the
value o`Wiclinga anti tnc;:ui:.rging :he most appropriate nese of lard thro4hovl the local
gov#rra encs pwr%lrrg and developmedrl regidatlon Jurisdlctloh. The reguiatlons may not
Include, as a basis for denying a zoning or remning request from a school,IM level of
service of a road facility or facflilies abutting the achoal or proximately located to the
school
ORANGE COUNTY
NORT!r CkROL[NA
5
6 Cy Stober said that a Comprehensive Plan is required for a jurisdiction that has zoning.
7 He said the plan is a guiding document.
8
9
11
1 Slide #5
ZONING & LAND USE REVIEW
Na 0 e—ly.wt
— Go-W V1 IN""16ranrean
I jW1
ailrfyi91 sll
u�a� aw-ra,raa
1
Comprehensive Plan Unifled Development Ordinance
{UDO}
ORANGE COUNTY
rlOfrn i CAROLLNA
2
3
4 Slide #6
Z NIN I & LAND USE REVIEW
Ctdr of Te M ul 4rd1n Gm
` IfFCIM' dPNMI CuR-+n-*
i Kftl
Comprehensive Plan Unifled Development Ordinance
Future Land Use Map (UDD)
ORANGE COUNTY
NOR-n I G''LROL[NA
5
6 Cy Stober said that most zoning recommendations are reviewed through the Future Land
7 Use Map to determine if the application is consistent with the future land use.
8
9
12
1 Slide #7
ZONING LAND USE R EVI EW
NAGS 160D-702
A local government may adopt zoning regulations... a zoning regulation may regulate and
restrict
the'height, nrmtber of storles,and size of bulldlNs and other structumes;
the percentage of lots Cheat may be occupied,
the%tae of yards,courts,and other open spaces,
the density of population;
the location and use of buildings, structures.and Wd.
Where appropriate, a zoning regufatlorr may include requirements that street and utllktyr
rights-of-way he dedleated to the palic, that provision be made of recreational space and
fa Oilies.and that performance guarantees be provided..
Any regulation relalitrg to building design eiement!3 adopted under this Chapter may not
be appiled to any structures subject to reguiatlon unde r throe North Carolina Flesidenlial
Code for Cine-and Two-Famlly Dwellings
ORANGE COUNTY
rlOfrn r CAJUMNA
2
3 Cy Stober said that appearance and aesthetics can not be subject to regulation in one-
4 and two-family dwellings.
5
6 Slide #8
ZONING & LAND USE REVIE
NAGS 160D-703
A local government may divide its terrltorlal Junsdictlon Into zoning districts of any
number, shape, and area deemed best suited to carry out the prtrposes of this Article.
Within those districts, it may regulate and restrict the erection,construct on,
reconstruction,afteration. repair,or use of buildings, structures.or land Zoning districts
may Include- but are not be limited to,the lofowing,.
(7) Conventional districts, In which a vahety of uses are allowed as perenliled uses or
uses by right and that may also,,. a special use permit.
{2) Conditional districts, In which site plans or individualized deuetopment conditions
are imposed.._
ORANGE COUNTY
NORT]r t=kMaLiNA
7
8
9
13
1 Slide #9
CONDITIONAL DISTRICT- Overview
. Co nd on al s
SmWards mull be uni�eYrmly Rregaese is use-sp@ctk vr�tlr
applled 1hraaighaut the Catuntyr indiuiduelized dewelt pmeiYt
rcndbans and swidarik
Na site-specific.incWdualized =p:rpl
pmenlMacanditians stay be Imposed. and a royal
ss
ORANGE COUNTY
2
3 Cy Stober said that this type of application allows for negotiation between the applicant
4 and the County as long as the requests are reasonable.
5
6 Slide #10
ZONING & LAND USE REVIEW
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Omnge County 2030 Comprehensive Plan,Appendix F
]RANGE COUNTY
7
8
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14
1 Slide #11
ZONING LAND USE REVIEW
NCGS 160D-703 (coral.)
Spec lfrc conditlom may be proposed by the petitioner or the tical gavernment or its
agericies,but only those conditlom approved by the local govermwi. and consented to
by the peMttioner in willing may be incorporated irtitQ the zoning regulations Urns
consented to May the petitioner in wriliriq_ a local government may not require, enforce,
or incorparate Into the zorting regulations any condition or rtqulrement not authorized by
otherwise applicable lay._.
Conditions and site-speclfFc standards Inmposed In a coMitlortal dlstrtct shall be limited to
thou that address the confonnance of the development and use of Vie%ire to local
govemmenk ordinances,.. or the impacts reasonably expected to be generated by the
deve3opment or use of the
Any other modlficatlon of the conditions and standards in a corrdttlonal district shall follow
the same prooeas for approval as are applicable to zoning map awkend'nents.
_A��
ORANGE COUNTY
NOFM t C/iR LINA
2
3
4 Slide #12
ZONING & LAND USE REVIEW
NQGS 1000-703 (cont.)
Spec lfic conditlons may be proposed by the petitioner or the local government or its
agencLes,but only those conditions approved by she local government and =nsented to
by the petitioner in writing may be incorporated into the zoning regulations Unless
consented to by the petitioner in writing. . a local government may not require, enforce,
or imeorporate Into the zoning regulations any Gond titin or requirement not authorized: by
otherwise applicable law__.
Condltlons and site•speclficstandards imposed in acondi hortal district shall tae �imeled lz
those that address the conformance ofthe development and use of the site to tical
government ordiriance%_ orthe impacts reasGnabiy expected to be,gene;rate❑ b -her
deve1upment Dr use of the
Arra rather modlflcaden of the conditlons and standards In a conditional district
shall follow the game Rrr}Cess for approval as are applicable to zoning map
amendments,
GRANGE COUNTY
NaranI CtaeDLiNA
5
6 Cy Stober said the conditions are negotiable but not without limit. He said that the site-
7 specific plan that is presented is binding and if there is any significant deviation from approval
8 then it has to be rezoned again through all levels of review and approval.
9
10
15
1 Slide #13
CONDITIONAL Overview
Enabling + NG General Statute 1600.743_Zoning disirirtij.
_w . • Orange County Unified Deve"ment Ordinance
Section 2,9 Conditional Districts
What makes R Site swirile pian
F + g • tndividualiaed devei pment oorrditiorts_mutually
r r agreed upon by review authority and applicant
• Slaffand Board recommendations and final
+ approval are to be based on whellvar the request
+ * is consWiant with the purpose and Intent of the
Coinpreliensive Pian
ORANGE COUNTY
rlOrrn r CAROLLNIA
2
3
4 Slide #14
CONDITIONAL DISTRICT- Applicant
Responsibility and Review Flexibility
1. Establishment of Use Type
Applicant is required to define what typo of developmentand/or
land use is anticipated_
2, Site Ficin Development
A formal site plan, r+evi+ewed and approved by staff in accardance
avith UDU Section 2.5 and Af icIe 6 DevelapmentStandards.must.
be submitted as part of a Conditional Zoning application.
3. Subject to Conditions of Approval
Review and approval allows for negotiation of development
standards and may vary consldera bly f rom ordInaince standards,
Roam for creativity both from applicant and review authorlty.
ORANGE COUNTY
NO Rn r G''LROL[NA
5
6
7
16
1 Slide #15
CONDITIONAL DITRI T - ReviewRroe
Planning -
• Recewe application and check for completeness
• Development Advisory Committee Review
Neighborhood Information F
* To obtaln neighborhood inputon the proposal and allow the
oppottunityto explain the review process
Planning Board F
• To make a recommendation of approval or denial of Zoning
Atlas Amend ment
Board of County Commissionersf g
• To take action on the nppllcation to rezone
ORANGE COUNTY
rlOrrn i CAROLLNA
2
3
4 Taylor Perschau, Planning & Zoning Supervisor, continued the presentation:
5
6 Slide #16
CON DITIONALDISTRICT - 80CCRevilewRale
Tonight's i i_ ■ Cornrni&sjonemObjective -A
Hear from the applicant, staff.and the publla
* Review and discuss analysis and staff recormwdstion
Take actlon on the Zoning Atlas Amendment appbealban
NCGS 160[5-7"b)
'Cand&ons and s io-spocifrc standards Imposed i€r a ccar�dit�uval district strap he
+inured la those that address the coniarmance of a devWopT ant arrd use of the
sato to local gavemmenf orddnanc+es,plans adapted pursuant to G-S. f 6OD-6t51.Oar
lf:e rmpacta rea&CMabtyexpecled to be generated t}}V#re deVadotsment Or USe OMS
site,
ORANGE COUNTY
NORT]r c,kROLINA
7
8
9
17
1 Slide #17
ClanrlanForest Equity, LLC Rezvnin Application
3026 White Cross Pfd, :u+ai.f�wenA app �+gaaanas _ —
Chapel MITI, NC 2751$
r - � BILI
974940-2351
Bingham
Haw River + .,
Gtandon Forel
Equity, LLC
ORANGE COUNTY
NIOKTI i CAROLLNIA
2
3
4 Slide #18
CiandonFore tEquity, LLC Rezoning Application
3026 White Cross Road
Aruenl,�'la'•`��m MA[]Iff RX g7�4i�,:3j°
Conditional District
Applicatin Requirements
Sit-0 S"ClIc Plan
■ Traffio Survey
■ ErlvirommentalAmessment
• 1.andsrapit Marl
• Utility Services Plan
• Add iiionaI informa tfom as W entiffed by
fie°oiewingAgencies
R-E
ORANGE COUNTY
NOR-T!I G''LROL[NA
5
6
7
18
1 Slide #19
GIandenForest Equity,LLC Rezoning Application
3076 White dross road
:+F•:•:,xMV<F±aoaN5ti3 rrw�g;awFs
Current Zonin ,
Agricultural Residential(AR)
• 44 permitted uses
Neighborhood Commerclal-2(NC2)
• 4E permitted uses
(Requested Zoning -Non-Residential Conditional District
(NR- CQ)
ORANGE COUNT(`
NOR TI I CA1 OLINA
2
3 Taylor Perschau said that there are a total of sixty-four permitted uses in the current zoning
4 because there is some overlap between Agricultural Residential and Neighborhood Commercial.
5 Commissioner Fowler asked what the overlapping permitted uses are.
6 Taylor Perschau said they reviewed it by split zoning and only looked at the light red. She
7 said that you cannot cross over the permitted uses by color without changing the zoning.
8 Commissioner Fowler asked what could be done with the property with the existing uses.
9 Taylor Perschau said that there are forty-four permitted uses in the green area and there
10 are forty-one in the red area. She said there are sixty-four in total and that there are some that
11 overlap.
12 Commissioner Fowler said that would be about twenty uses that overlap.
13 Taylor Perschau said that is correct.
14
15 Slide #20
ClandonForestEquity,LLC Rezoning Application
3426 White Cross Road
.01"Fl-L"IF#. I +S gTylgi}N Uf{R h+Z
Rural C4mmunityActivity Nine _j-
"Land focused an designated mad t' 1__
intersections which ser4easnodal }
crossmads for the surrounding rural
community and is an appmplate location `r
for any ofthefalIowing uses:church,fire
station,small post office,school,or other
simiIarinstitutional uses and one a more
commercial uses."
Future Land Use Map
— No Proposed Amendment — ''•-
ORANGE COUNTY
NOR'n[CAROLINA
16
19
1 Taylor Perschau said that retail use fits within the commercial use defined in the Rural
2 Community Activity Node description.
3
4 Slide #21
GIalnrs on Forest Equity, LLC Rezoning Application
3426 White Cross Road
Resource ProtecUon Area
Land containing sensitiveenv ronrnental
resources,h istolcal l ly sign ifica nt sites,
and/or features considered unbuildable
because of their unsui#sbilityfor
development
■ Proximityto White Cross Sthooll {
Deslgmated In 20151:baseed on h lsturic.
archllmctural,and cultural sign:Inca nce 4
• Applicant Proposed Condition
North elevation of trw buildinp,tocomistof same ,
matenalstrealmant as proposerforthehon-
ORANGE COUNTY
r.Wn, t CAROMINA
5
6 Taylor Perschau said that the Cultural Resources Coordinator, Peter Sandbeck, said he
7 had one concern with the application due to location proximity to White Cross School. She said
8 that in response to that, the applicant developed a condition that they will speak to later on in the
9 presentation.
10
11 Slide #22
Site Plan
71
r
10;640 sf g "
retail building r
°rte I s
ILI ,I
i... tJ'- ' .
NC 04 W and "
hit
weC:ross
Intersection
a
---------------
AA I
II. I 1
I
1
r I
I
12
20
1 Slide #23
La ndscape Pla n - - -_ -
Exisbng Trees r
Road Frontage Buffer f _
C
Neighboring Properties
,. � —�- r titin'�'.•;.��,r,;f t r� I I
2
3
4 Slide #24
Glandon Forest Equity, LLC RezoningApplication
3026 While Cross Road
Public Notification Actions
1.Mailed Notices
Nuti�es were mailed via first class mail to property owners within
1-000 feet of the subject parcel on March 21, 2023.
. n0um
Tile subject parcel was pasted on March 21, 2023.
3.Website updates
Appllcatlon Information has also been posted an the Planning
Department's "Active Development Projects" webpage throughout
the review process.
ORANGE COUNTY
NO R3![G''LROL[NA
5
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7
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1 Slide #25
Applicant Presentation
ORANGE COUNTY
rlOfrn i CAROLLNA
2
3
4 Bob Hornik made the following presentation on behalf of the applicant:
5
6 Slide #26
Zoning Map Amendment
3026 White Cross Road (NC Highway 54)
From AR and NC-2 to NR-CCD
4.83 Acres;PIN 9749-40-2351
Glandon Forest Equity,LLC, Applicant
7
8 Bob Hornik said that the retail store will be a Dollar General store, and it will be a new
9 concept for the retailer. He said there will be more fresh fruits and groceries, along with the dry
10 goods and personal items that are offered at other stores. He said he estimates the sales tax
11 revenue to the county will be in the high 6-figures.
22
Slide
i II
�•� JM y y '7 - 'Sw T P.'S
Bob • • that the red-roofed building • structure on •
anyone4 that • wants to salvage the structure and use it, they can have it. He said that this
5 would be done after approval but the building can be removed.
•
•' #28
•
•
� I
I
i
r� I
i
10
23
1 Bob Hornik said the new structure will be set back from the road from where the current
2 structure is. He said that the new structure will be shielded from view from the White Cross School
3 for the most part. He said that the developer agreed to continue the stone fagade along the
4 Highway 54 road frontage out of respect for the historical site.
5
6 Slide #29
+3n ing Rapori
.....u... PdRb-Rxrk
�......a r ;,�: •,e a^'�...'�'~� ,.:,5`e .,,...�r.,,,.�.®-.,�..•. .r.n
IWn rW 'A r.r:wi�Bef.•alar i'li _...- _�aaaaW yr..ua r�r
rr yr.K•" wry krb • .rra a, ym.d..u.�e_v.�1 r1.._•i„s WSM
Lr.IMPl�.11l. re.+wr
r�fw'1 .,weaswww:....n.•ry.�V Al�d'w41F�r Y�7iL�Y#•il.:.a', 1-...a-
E1fYt^.1TTe1 iNS-�I
7 a.,rw.wi H+K:
bsn,w.. rs a�wsi to
Iw••w,.My'.r.Far_'r+h.
NNCa
P
- - t
7
8
9 Slide #30
10
24
1 Bob Hornik said that slide #30 showed how the new structure will look from the road.
2
3 Slide #31
_ y
4
5 Commissioner Fowler asked how many of the trees will be cut down for the new structure.
6 Bob Hornik said it would only be as many as needed to build the building. He said there
7 will also be a well and septic that needs to be on the site.
8 Commissioner Fowler said so there is no condition regarding the trees.
9 Bob Hornik said no.
10
11 Slide #32
�k y
t
I
4
12
25
1 Bob Hornik said the stone in slide #32 will be the type used in the new structure.
2
3 Slide #33
M
4
5 Bob Hornik said that the above slide showed the light that will be emitted at night by the
6 store.
7
8 Slide #34
APPLICANT'S PROPOSED CONDITIONS
1.Application:Project shall be completed as presented in approved site plan/application packet:
2.elft-Street Parking Requirements: Relief from providing the 54 parking spaces required,conditional
on provision of 34 parking spaces;
3.Driveway Access:Responsive to NC Department of Transportation comments,right turn lame shall
be provided at the White Cross Rd.driveway;
4.Resource Protection Area:Recognizing that the property is within a Resource Protection Area due
to its proximity to the White Cross School the north elevation towards NC Hwy 54 shall consist of the
same treatment of cemend fiber,lap siding,trim,crown,frieze,simulated windows,ett.as proposed
for the front elevation in the submitted application;
S.Existing Building:Applicant will accept an offer from the community to remove the existing
structure at no eost/liability to the applicant if a written and qualified offer is received soon after site
plan approval and the existing structure is removed within a tirneframe that will not impede
development of the proposed project;
6.Fire Safety:fire suppression needs shall be met by securing a deed of casement and agreement for
9 use of the water sauce 13 acre pond)identified on Orange County PIN 9748.28.3016,
10
26
1 Slide #35
IPi
x _
eel
7
}
2
3 Bob Hornik said that in the photo above he was at the front of the existing building. He
4 said he was about ten feet from White Cross Road when this photo was taken.
5
6 Slide #36
=e
7
8
9
10
27
1 Slide #37
pal
y!
k.
R.
A°', •- 7t{ � h +-.iii. _
S
2
3 Bob Hornik said that in the above slide, White Cross School can be seen in the
4 background. He said some of the existing vegetation will remain to be a buffer.
5
6 Slide #38
6
4-3
4W �q4
7
8 Bob Hornik said in the above slide, he was standing looking south of the property.
9
10
28
1 Slide #39
2
3 Bob Hornik said that the gas station across the street is owned by a large corporation that
4 owns gas stations across North Carolina.
5
6 Slide #40
7
8 Bob Hornik said that the building behind the red car is used by about twelve artists.
9
29
Slide
n .
Y, v
I Slide i
6 Bob Hornik said that this view is from the same spot but panning west.
30
1 Slide #43
2
3 Bob Hornik said that the structure next to the property is an HVAC company.
4
5 Slide #44
AL
F
6
7 Bob Hornik said there are non-White Cross owners of several establishments in the area.
8 He said the above photo shows White Cross School. He said that White Cross School is owned
9 by Big Show Properties and is not locally owned.
10
31
1 Bob Hornik referred to slide #34 again:
APPLICANT'S PROPOSED CONDITIONS
I.Application:Project shall be completed as presented in approved site plan/application packet;
2.Off-Street Parking Requirements: Refief from providing the 54 parking spaces required,conditional
on provision of 34 parking spaces;
3.Driveway Ac(ess'.Responsive to NC Department of Transpi>rtation comments,right turn lane shalt
be provided at the White Cross Rd.driveway;
4.Resource Protection Area:Recognizing that the property is within a Resource Protection Area due
to its proximity to the White Cross 5cfsool the north elevation towards NC Hwy 34 shall consist of she
same treatment of cement fiber,lap siding,trim,crown,frieze,simulated windows,et(.as proposed
for the front elevation in the submitted application;
S,Existing Building:Applicant will accept are offer from the community to remove the existing
structure at no cost/liability to the applicant if a written and qualified offer is received~after site
plan approval and the existing structure is removed within a timeframe that will not impede
development of the proposed project;
6.Fire Safety:Fire suppression needs shall be met by securing a deed of easement and agreement for
use of the seater source{3 a(re pond)identified on Prange County PIN 974$.28•3016
2
3 Bob Hornik said that the property owner got between 63-67 signatures in support of the
4 rezoning application.
5 Commissioner Fowler said that she still had questions about the well.
6 Brent Purdum said the well would be located behind the building in the open field area
7 closer to Highway 54.
8 Commissioner Fowler asked how much space was needed for the well.
9 Brent Purdum said that the well does not require much space. He said the septic field will
10 be to the south between the parking lot and the new vegetative buffer. He said there is a 100 foot
11 buffer located at the south side and west side that they are leaving natural. He said there is
12 another natural buffer along with the north side on Highway 54. He said they would clear up to
13 those buffer lines.
14 Commissioner Fowler asked about the frontage on Highway 54
15 Brent Purdum referred to a previous slide to describe where trees would be left, where
16 trees would be cleared, and where trees would be planted. He also said there would be shrubbery
17 included to screen the parking lot. He said that there is a stormwater pond that would be included
18 for the impervious surfaces.
19 Commissioner Fowler asked if the turn lane on Highway 54 had room with the stormwater
20 pond.
21 Brent Purdum said yes and indicated the turn lane on the slide.
22 Vice-Chair McKee said there are commercial properties to the north across Hwy 54,
23 commercial property plus woods on the east, a house to the west, and then the owner's property
24 to the south. He said he only sees commercial property around this.
25 Brent Purdum said yes.
26 Bob Hornik said the site is in a rural community activity node according to the
27 Comprehensive Plan. He said the proposed use is consistent with the Comprehensive Plan and
28 the future land use plan.
29 Vice-Chair McKee said that was why he asked, because he knew it was in the node.
32
1 Commissioner Richards asked why the zoning change is necessary if the rural activity
2 node is already there.
3 Bob Hornik said it was to rezone the entire site to allow commercial development.
4 Commissioner Richards asked what commercial businesses are around the site.
5 Bob Hornik said an HVAC company, an artist community, restaurant, two gas stations,
6 and a market.
7 Commissioner Fowler said she wanted to know the twenty permitted uses that overlap.
8 Taylor Perschau said the overlap includes twenty-nine and twelve would require a special
9 use permit. She said that for the most part, the crossover includes agricultural, recreational,
10 residential, or institutional uses.
11 Commissioner Fowler asked if that would be a school or health center or something along
12 those lines.
13 Taylor Perschau said yes.
14 Commissioner Fowler asked if nothing commercial would be allowed as currently zoned.
15 Taylor Perschau said that she does not believe that the current commercial use that is
16 proposed would be within one of the service categories.
17 Cy Stober said that a for-profit institution would be allowed such as a farm centers, home
18 care facilities, pharmacy facilities, agricultural facilities, or meat processing, but retail
19 establishments are not permitting in split zoning.
20 Commissioner Fowler asked if there is any type of retail.
21 Cy Stober said not in the split zoning.
22 Commissioner Portie-Ascott asked how long the property has been vacant.
23 Bob Hornik said Vernon Davis can give the history of the property going back to the 1920s.
24 He said to Commissioner Fowler one of the benefits to the conditional district is that no other use
25 can be made without future approval from the Commissioners. He said that removes the sixty-six
26 uses and changes it only to the approved conditions and uses the Board might decide. He said
27 that in an earlier version, there was concern among the neighbors that if it remained zoned as
28 current, then there could be 60-70 uses. He said this application limits the use to one.
29 Commissioner Fowler asked if it could be any type of retail.
30 Bob Hornik said yes.
31 Vernon Davis, the property owner, said the existing building has been deteriorating since
32 the state moved the structure to accommodate Highway 54. He said they have not used it for
33 more than storage. He said that the property has been difficult to sell due to current restrictions.
34 He said that the property is not good for a private house due to being in a business node. He
35 said that the split zoning has also made it difficult to sell. He said that the septic system has to
36 be on the property you are using it for, not on an adjacent property. He said that the engineer
37 and architects have met all of the restrictions that the Planning Board asked. He said he lives
38 nearby on a family farm and would not impose something on others that would not be in the
39 character of White Cross. He said he is a farmer, but has other income producing activities. He
40 said he built the building that currently houses Bravo's Market, near the property proposed to be
41 rezoned. He said that he is trying to improve the community, not to destroy.
42 Chair Bedford asked if the driveway will be expanded as well as curbs.
43 Earl Lewellyn with Kimley-Horn and Associates said it fits within the sixty foot right of way.
44 Chair Bedford said the traffic analysis seemed straight forward and that even during peak
45 times it could handle the traffic. She asked if there is any conflict expected with trucks and for
46 detail on when the delivery trucks would be on site.
47 Earl Lewellyn said he cannot speak to the absolute time of deliveries.
48 Bob Hornik said they would try to have deliveries during low-volume hours.
49 Earl Lewellyn said retailers are concerned with peak operations time and they try to avoid
50 those. He said the proposed project barely triggers the county's ordinance for a traffic impact
51 analysis.
33
1 Commissioner Hamilton asked if he knew how many accidents had been in the area.
2 Earl Lewellyn said that this project did not include a recommendation from NCDOT to
3 investigate traffic crashes.
4 Nishitih Trivedi said there has been analysis of the traffic crashes in the area, but he would
5 bring it to the BOCC at a later date.
6 Commissioner Hamilton asked what the peak times are for the retail store.
7 Earl Lewellyn said that the peak of the adjacent street and trip generation data are included
8 in the existing traffic counts.
9 Commissioner Hamilton clarified that she is asking what the peak hours of use are for this
10 type of commercial use.
11 Bob Hornik said they do not have that information.
12 Earl Lewellyn said it is typically from 4—6 p.m.
13 Commissioner Fowler said they are using a 2013 quality level of service from the state of
14 Florida. She asked if this is a national standard.
15 Earl Lewellyn said the manual they are using is more accurate. He said there are more
16 definitive ways to define capacity for a variety of roads
17 Commissioner Fowler asked if it is very different from the State of North Carolina's manual
18 Earl Lewellyn said no, but that it is better and more distinct.
19
20 Cy Stober resumed the Planning staff's presentation:
21
22 Slide #45
County Roles for Review Process
Planning Staff
• Cietermine application compleleness and analyze proposed Zoning Atlas Amendmeril
wilh ComVreberksive Kan
Planning Director tRecvrnmerbdallon
Plann4rig
• Hear fnnm the applicanrt, eta H.and Lhe public
• Review ar►d discuss aroaty%is and staff rec endation
R Recommend approval or denial to Raarxl of bounty CorrrmisJonerg
• Recommended Denial by a 7-3 vale
*'Board of t
•Scheduk and hold pubk hearing to receive appkaliow
•Flear from the applant staff,a+rd the public
•Revlew and disetrss err lylels and rimorrimandations fr+urn staff aM Flares &wd
•Clow public hearipq
ORANGE COUNTY
I RT]r CAROLINA
23
24
25
34
1 Slide #27
taf f An alysis anid Recommendation
• The proposal is consistent witli the allowed Zoning districts for
the Comprehensive Plan's Rural Community Activity Noce.
• The Comprehensive Plan's Rural Community Activity Node is
land designated in the Comprehensive Plan that is focused on
designated road intersections which serge as a nodal
crossroads for the surrounding rural community and is an
appropriate location for any sof the following: church, fire
station, small post office, school, or other similar institutional
uses and one or morecornmercial uses.
ORANGE COUNTY
2
3
4 Slide #28
Staff Anal i anis Recommen ation
• Planning lDirector reoornrnends approval of the NR-CD Zoning
application, as presented.
Planning Director recommends appr€�ral of
— The Statement of Consisten cy th at the amendments are reasonable,in
the public interest end serve land Use Goal 6 (Attachment 7)a and
— The proposed ordinance to amend the unified Development Ordinance
and Zoning Atlas(Attachment 8).
k ilk I I I».Al-A II IN,%
5
6
35
1 Slide #29
Planning Board Recommendation
• Planning Board reviewed NR-CD zoning application at its March
B, 2023 regular meeting
• Voted 7-3 to recommend denial of the request due to
inconsistency with the 2030 Comprehensive Pian, basedon:
— Subverting the limitations on commercial uses in rural activity nudes;
— Incunsistencywith the White Cross rural activity node,and
— Inconsistency with the White Cruss School Resource Protection Area
ORANGE COUNTY
NOR-n[C-AR 7LLN A
2
3 Chair Bedford asked if the twenty acres is cumulative for limiting commercial use.
4 Cy Stober said it is 10 acres for local commercial and 10 acres for neighborhood
5 commercial, for an aggregate of 20 acres gross.
6 Chair Bedford asked what defines an area.
7 Cy Stober said a radius of rural community activity.
8
9 Slide #30
Recommendation forTonight
The Manager recommends the Board:
• Receive the rezoning application;
• Considerthe Planning Director's and Planning Board's
recommendations;
• Canductthe Public Hearing and accept public comment,
• Deliberate on the proposal, as desired, and
• Take Action (Vote To Approve or Zen on theStatement of
Consistency (Attachment l and the proposed ordinance
(Attachment H
— Vote to Deny must be based on a stated rationale
ORANGE COUNTY
NORT]L C-kROLLNA
10
36
1 Slide #31
Recommendation forToni ht
•
Vote To Approve or 9kny the Statement of Consistency
IAttachnient 71 and the proposed ordinance (Attachment 81
— when adopting or rejecting any zoning Text or map amendment, the
1 ar�rm�ss,oriers]shall approve a brief statement desefibing whether its actlon Is
consislent or Ineonslstenl with an adopted comprehertislwe or land-use pan-
- When adopting or rejecting any petition for a zoning map amendment, a
statement analyzing the reasonattleness of the proposed rezoning shaA be
approved by the governing hoard_ This stated of reasonab1*ness may
carrsider, .
(i)the size,physical conditions, and olher atirlbules of IM area proposed to be
rezoned,
(il)the bene'ils and detnffiWAs to the landowners, the neighbors, and the
surrounding tommunity,
(iii)the relationship between Vte current actual and permissible development
on the tract and adjoining areas and the development that would be
permissible under the proposed amendment;
(iv)why the actlon taken Is In the public inlermL and
(v)arty cbeinged condilfofl5 warranting the aneildment. ORANGE COUNTY
NCGG 16O -1505 i;'Ofrn r CkrrtayNA
2
3 Commissioner Fowler asked which is correct, the 7-3 vote or the 9-3 vote as reflected in
4 the minutes.
5 Cy Stober said the 9-3 is correct.
6 Commissioner Richards referred slide #21 and asked about the green rectangle at the
7 bottom.
8 Cy Stober said that is a stormwater buffer.
9 Commissioner Richards asked for clarification on the planning board's recommendation
10 on subverting commercial uses in rural activity nodes.
11 Cy Stober referred to the radius identified on slide #20 and the gross allotment of twenty
12 acres that can be zoned commercial in that area. He said the non-residential conditional district
13 is not subject to that limit and the Planning Board felt this could subvert the direction of the
14 Comprehensive Plan by allowing more than twenty acres of gross commercial. He said that the
15 4.3 acres if rezoned would not approach the threshold.
16 Commissioner Richards said that is what is confusing her because 4.8 does not seem like
17 it would push it over.
18 Cy Stober said even if were included it would not cross the threshold.
19 Commissioner Richards asked if the Planning Board thought it might.
20 Cy Stober said it was a philosophical discussion and their recommendation to the
21 commissioners would be that it is addressed and included in the Comprehensive Plan.
22 Commissioner Richards asked if they are requesting that it be applied to this application
23 or included when they update the Comprehensive Plan.
24 Cy Stober said they would like the Board to apply that to the application.
25 Commissioner Richards said even though it is not currently in the plan.
26 Cy Stober said that was correct.
27
28 Commissioner Fowler made a motion to open the public hearing, seconded by Vice-Chair
29 McKee.
30
37
1 VOTE: UNANIMOUS
2
3 PUBLIC COMMENT:
4 Camille Mikkelson said she uses Highway 54 to commute to Chapel Hill. She said she
5 would not like to have a Dollar General on the property or any other retailer. She said she did not
6 want Bravo's Market to be put out of business by a corporate entity. She said that she does not
7 think the economic boon of the store would benefit the community long term.
8 Bob Johnson said he has lived in Bingham Township for 60 years. He said the building
9 has been vacant for decades. He said that the building being zoned residential does not make
10 sense. He said that rezoning for a Dollar General is a terrible idea. He said that in places that
11 are true food deserts, a Dollar General makes sense. He said the developer wants the Board to
12 focus on the rezoning and not on the fact that this is a Dollar General. He said as much as the
13 parcel needs to be rezoned it does not need to be a Dollar General. He said that White Cross
14 needs better.
15 Robin Veil said she knows of several accidents in the location. She said she is very
16 concerned about traffic safety in the area. She said there are locally owned properties and
17 businesses in the area. She said there is an antiques store, a woodshop and an artist gallery,
18 Bravo's Market, and the Fiesta Grill. She said that the White Cross community supports those
19 businesses. She said the White Cross community does not need a box store with a proven record
20 of poor wages, minimal staffing, countless OSHA violations, and moving into areas and putting
21 local businesses out of business. She said there are 997 Dollar Generals in the state of North
22 Carolina. She asked the Board to not approve this rezoning.
23 Vernon Davis waived his time to speak.
24 Preston Mason said he is a resident of White Cross and that his residence will be closest
25 to the Dollar General. He said he is in favor of the proposal. He said they supply items that would
26 benefit the residents. He said they sell goods like school supplies, clothes for church plays, or
27 wipes and diapers for young children. He said having the ability to purchase these things close
28 to home would be tremendous. He said he also shops at Bravo's Market. He said the goods that
29 they carry are not carried by Dollar General. He said that this would allow more time at home and
30 less time on the road. He said the size of the building fits into the community character. He said
31 the traffic study shows the traffic won't be impacted. He said that there are other structures that
32 are of a similar size to the Dollar General. He said that the Planning Staff has gone to great
33 lengths to make sure that the proposal is consistent with the Comprehensive Plan. He said that
34 Dollar General has met all of the recommendations of the planning staff. He said that he strongly
35 encourages the Board to approve.
36 Rob Jamison said he said when he first moved to the area last year. He said he is building
37 about two thousand feet up the road from the proposed site. He said he was surprised how far
38 they had to drive for necessary items. He said the area does feel like a food desert. He said was
39 in favor of the proposal. He said he is not concerned about the traffic, because the traffic is
40 already bad. He said that a few people going to Dollar General will not make a difference but he
41 hopes Hwy 54 traffic is addressed in a separate project.
42 Virginia Ferguson said she has been a White Cross resident for most of her life. She said
43 she appreciates the extent that the Planning Department did their due diligence and their
44 consideration of the land use plans. She said that they ultimately presented a good and complete
45 plan. She said that this request would lead to the most restricted use and she feels that is
46 necessary. She said the land use proposed is consistent with the plan that the Board has
47 developed. She said it is about the use of the land, not the user. She said she believes strongly
48 in individual property owner's rights to do what they want with their land. She said there has been
49 a lot of growth and there has been little approved to accommodate retail needs. She said that it
50 makes business and development sense. She said that it will increase property tax revenues from
51 $2,800 a year to over$10,000. She said the Dollar General will provide an assortment of grocery
38
1 items that are not currently available. She thanked the developer and the Board and asked them
2 to support the proposal.
3 Marita Matigue waived her time to speak.
4 Carol Rigsbee said she owned the property across from the parcel. She said she supports
5 the first four paragraphs of the rezoning to commercial. She said it will make it more usable and
6 bring in more tax money.
7 James Davis said he has spent most of his life in the White Cross area and lived there for
8 75 years. He said his family has been in the area since the 1800s. He said he has seen change
9 and it predominantly has been positive and beneficial. He said this change will be beneficial and
10 will give a wider variety of goods available. He said it will not put people out of business. He said
11 he had a small cattle farm down the street, which he believes will not be negatively impacted by
12 the rezoning. He asked the Board to approve the rezoning.
13 Marvin Davis said he has lived in White Cross for 21 years, has owned property, and
14 graduated from the Orange High School. He said he served as a city manager throughout North
15 Carolina for 35 years. He said that Bingham Township is growing, and the request is to meet the
16 needs of a growing community. He said that he feels this application does just that. He said the
17 census shows a growth of 13% over 20 years in the area. He said that population is about 71%
18 of the population of Hillsborough. He said the economic investment will serve as a retail option
19 for the 6,972 persons for goods they currently cannot get in White Cross. He said that businesses
20 have separated and occurred in a reasonable way. He said that there is about a 6-9 year
21 separation between the businesses and has served the community. He said the professional
22 planning staff has recommended it and he encourages them to approve it.
23 Amanda Griffin said she lives in White Cross. She said there are seven homes on her
24 street and she is representing several neighbors. She said they are concerned about the
25 application. She said this structure would be the largest structure in the area and almost four
26 Bravo's Markets would fit in the building. She said that they feel this application does not conform
27 to the Comprehensive Plan. She said that it allows them to circumvent the commercial maximum
28 acreage. She said that her area is supposed to only have 20 acres of commercial available and
29 that this puts it at 24.3 commercial acres because they are outside of the 20 acre maximum with
30 this rezoning. She said that it sets a dangerous precedent. She said if developers can get
31 conditional zoning approved then what is the point of the limited commercial nodes at all. She
32 asked the Board to deny the application.
33 John Griffin said rural Orange County remains a sanctuary from the suburban sprawl from
34 the Triangle. He said that the 2030 Comprehensive Plan speaks to maintaining this. He said that
35 every neighboring county is saturated with Dollar Generals at intersections. He said Orange
36 County has none. He said this would set a precedent for rural Orange County. He said there is a
37 ton of literature from across the country that speaks to the social and economic costs of corporate
38 box retail. He said they offer non nutritious processed foods, low pay, single use products that fill
39 the landfill, and a heightened opportunity for armed robbery. He implored the Board to join the
40 Planning Board's rejection and vote against oversized, out of character, and predatory retail in
41 Orange County.
42 Lynne Jaffe said she had been living and working in Orange County for 40 years. She
43 said that the word rural becomes less meaningful, with constant pushing. She said she doesn't
44 have a problem with inviting retail to the area but she has one with Dollar General. She said it is
45 not a good business to invite into the community for all of the reasons that have been stated. She
46 said there is a Dollar Store and a Food Lion right down the street. She said the idea of
47 convenience for a few items will devour the county if they keep saying yes. She said that this is
48 not the best option for White Cross.
49 Cory Oliver said he has lived in the White Cross area for 6 years. He said White Cross
50 has some businesses and resources that his family supports, but they must go 8-12 miles to get
51 groceries. He said they must go to Mebane, Eli Whitney, and Pittsboro to get goods. He said
39
1 having a retailer such as Dollar General is easy and convenient. He said it would lessen the travel
2 consumption and support the residents. He said that He said he supports the community, but he
3 feels that this would be good for them and would help access to items needed for fellowship and
4 his job as a minister, while limiting the travel time.
5 Kathy Tommerlahl said she has resided in White Cross for 40 years. She said that part
6 of the beauty of living in White Cross is there are not retail stores with large parking lots. She
7 asked the Board to keep it one of the gems of Orange County.
8 Katie Engel said she has lived in Orange County for 4 years. She said they moved from
9 out of state and when deciding where to buy land, they chose Orange County after familiarizing
10 themselves with the surrounding area. She said there are tons of Dollar Generals in Chatham
11 County and that it feels completely different and that is why they chose Orange County. She said
12 that this is not about feeling, it is about the fit of the area and the need. She said that it is small
13 local businesses now and that this change is random and sets a precedent. She said the
14 application represents a lot of time and money. She said the first time the rezoning was denied,
15 and this time again the Planning Board recommended denial. She said that Bingham Township
16 is growing and that can be very beneficial for Orange County if it's done correctly. She said they
17 will be hurting themselves long term if they start with the bottom of the barrel. She said the
18 developer is putting time into the application because they know there is money to be made. She
19 said the county should make sure that it is done right and it is the best fit. She asked them to deny
20 the application.
21 Anndal Narayanan said he has lived in Orange County for 13 years and has lived in White
22 Cross for 3 years. He said he was speaking on behalf of several neighbors. He said his house is
23 8 minutes from the parcel in question. He asked the Board to uphold the Planning Board's
24 recommendation to deny the rezoning. He said he supports Fiesta Grill restaurant, Bravo's
25 Market and the other local stores and values being able to keep his dollars in the county. He said
26 Dollar General would harm the local businesses in place. He said he would not spend a cent in
27 Dollar General. He said that allowing a Dollar General would let other similar predatory stores to
28 do the same. He said everyone has seen what Dollar General has does to rural communities. He
29 asked them to deny the request and keep White Cross special.
30 Kevin Reese said he lives in White Cross and commutes to Greensboro. He said he has
31 a unique perspective on traffic on Hwy 54. He said traffic going east into Chapel Hill is
32 astonishing. He said the Dobson Crossroads and Saxapahaw lights are backed up several cycles.
33 He said it is an unstable equilibrium and easily upset if something happens. He said the White
34 Cross community is showing up for the third time to object to this development. He asked the
35 Board to protect the community of local businesses.
36 Jesus Bravo owns Fiesta Grill and Bravo's Market. He said they did a survey before
37 building Bravo's. He said they talked to local farmers and vendors and they supported him to
38 make it come true. He said that the Dollar Store does not care about local businesses or the
39 community. He said they do not care about the negative effects. He said he hopes the project will
40 be denied.
41 Laura Streitfeld said she is a resident of Bingham Township. She said she is against the
42 proposal. She said that the developer raises more questions than answers. She said it is not a
43 food desert in White Cross. She said she sympathizes with the property owner but that is a
44 property with over an acre to use as a business. She asked the Board to not approve something
45 that the Planning Board twice rejected. She said it is not consistent with Comprehensive Plan.
46 She said that it is not clear that it fulfills a community need. She said they moved to where they
47 are understanding that it is not a walkable area. She said they expect to drive for their goods. She
48 said this is not small scale as referenced in the rural node.
49
50 Vice-Chair McKee made a motion to close the public hearing, seconded by Commissioner
51 Hamilton.
40
1 VOTE: UNANIMOUS
2
3 Commissioner Richards asked to review the Planning Board's recommendation. She said
4 she wanted to understand if they were incorporating things that are in the plan, or things that they
5 wish were in the plan.
6 Cy Stober said the land consumption is under twenty acres even if this is approved.
7 Commissioner Richards asked if it would take it over twenty acres.
8 Cy Stober said there would still be less than 20 acres commercial.
9 Commissioner Richards clarified that "inconsistent with the White Cross activity node" is
10 the same as the "rural node."
11 Cy Stober said yes.
12 Commissioner Richards asked what it means when the language is specific to the White
13 Cross activity node.
14 Cy Stober said he believes that is about the rural character of the area. He said they also
15 talked about architectural form and the footprint of the building.
16 Commissioner Richards said the LIDO talks about preserving the community and rural
17 character and asked if that is what it is alluding to.
18 Cy Stober referenced the description in slide#20 for"Rural Community Activity Nodes."
19 Commissioner Richards said the LIDO references one or more commercial uses as an
20 allowed use in that location.
21 Cy Stober said yes.
22 Commissioner Richards asked about the final reason for the Planning Board
23 recommending denial.
24 Cy Stober said it had to do with the proximity to the White Cross School and the concern
25 that the retail store's architecture would be incompatible to the historic property.
26 Commissioner Richards asked what the applicant's response to that included.
27 Cy Stober said they would wrap the building fagade. He said there would be no vinyl
28 showing.
29 Vice-Chair McKee said he believes there is also tree cover.
30 Cy Stober said yes.
31 Vice-Chair McKee said he shops at a Dollar General in Holly Springs and he believes that
32 the traffic is maybe 8-16 cars at any particular time. He said that with the addition of the turn lane
33 he does not think it will be imposing on the traffic. He said that Highway 54 is a major thoroughfare,
34 which is being studied to be a four lane highway, complete with traffic signals. He said that would
35 alleviate some of the long waits at the intersection. He said that the Board cannot consider who
36 the retailer is, but they have to consider the use. He said every one of the buildings in the vicinity
37 are commercial buildings. He said these commercial nodes were put in place because there was
38 a need for commercial development in the county. He said he lives in Caldwell, where there is
39 one store, and for anything else they have to drive 10 miles. He said there is a store in a
40 commercial node that is or approached 10,000 square feet in a node. He said he does not think
41 there is a limit on size in the commercial nodes. He said the Board of Commissioners previously
42 had the attitude that Orange County would not be commercial. He said this caused the tax burden
43 to fall directly on the owners. He said this is extremely a big deal to those living paycheck to
44 paycheck. He said that 70% of the tax base comes from homes and this has driven the lower
45 wealth residents out. He said he ran for three reasons, improvement of schools, improvement of
46 public services like the Sheriff's Office, and increased economic development to alleviate the
47 burden on property owners. He said this will change White Cross, but change is inevitable. He
48 said that it is compatible with the surrounding area.
49 Chair Bedford asked the County Attorney, John Roberts to confirm the decision they are
50 making and if they can consider the brand of the store.
41
1 John Roberts said that Vice-Chair McKee was correct, they could not consider a specific
2 business or owner.
3 Commissioner Hamilton said she wanted to understand the 20 acre issue.
4 Cy Stober said there are three commercial zones but the two that are present are local
5 commercial and neighborhood commercial. He said general commercial would be inappropriate
6 due to the types of uses.
7 Commissioner Hamilton said ten acres of local and ten acres of neighborhood are
8 permitted in the plan. She asked if there is currently land zoned that way.
9 Cy Stober said yes. He said in 2008 when it was approved that acre threshold applied to
10 the use and not to the total property acreage. He said it has now been interpreted to include the
11 entire property and this is a change in interpretation.
12 Commissioner Hamilton said even if you add the proposed acreage, it will be over twenty.
13 Cy Stober said no, that they are under twenty currently.
14 Commissioner Hamilton said there could be other properties that could be zoned that way.
15 Cy Stober referred to the map on slide #19 and said yes that those would apply to the
16 properties shown.
17 Commissioner Hamilton said the point the Planning Board is making is that given that
18 potentially there is less than 20 acres zoned that way, others could be. She said with the addition
19 of the conditional zoning, it would be twenty-four acres or even more if more conditional zoning
20 applications are approved.
21 Cy Stober said that was correct as currently written but could be amended.
22 Commissioner Richards said this is hypothetical.
23 Commissioner Hamilton said it is not hypothetical, under current regulations, it could be
24 more than twenty acres.
25 Commissioner Richards said that would be considered at the time and the Board would
26 have to say that it was over twenty acres.
27 Commissioner Hamilton said it is not clear they would have the limit to deny it for that
28 reason.
29 John Roberts asked for clarification, if Commissioner Hamilton was asking about a
30 potential future denial.
31 Commissioner Hamilton said it is her position that they would have difficulty denying it
32 based on the acreage.
33 Commissioner Greene said she understood where Commissioner Hamilton was coming
34 from and what the Planning Board was getting at. She said she believes it is not consistent with
35 the Comprehensive Plan and land use goal#3. She read from the plan and discussed the intention
36 of reducing traffic. She said she felt this was consistent with a strip development and is not
37 walkable and not consistent with walkable developments and away from sprawl.
38 Commissioner Fowler said she appreciated the work done by the applicant and Planning
39 staff. She said that after careful consideration, she plans to decline because she feels it does not
40 carry out the interest and purpose of the Comprehensive Plan and does not seem to be necessary
41 for public health, safety, and welfare and actually has the opposite effect.
42 Vice-Chair McKee said he understood Commissioner Greene and Commissioner Fowler's
43 comments but he does not agree with them. He said the area is not walkable, and will not be
44 walkable in the foreseeable future. He said it is a not an issue they should be looking at. He said
45 waiting for something better to come along speaks to the proposed user. He said the proposed
46 user has a reputation and he agrees with some of the criticisms. He said some Dollar Generals
47 are not well-managed. He said that some are nicer than Walmart. He said he cannot agree with
48 the limitation on acreage. He said they should ask if it is consistent with the area. He said there
49 are no homes within the sight-line. He said there are designated areas along 185 and 140 for major
50 development. He said he was supportive of the proposal.
42
1 Commissioner Portie-Ascott thanked the public for their comments. She said she went to
2 the area to understand it better. She said after listening to the presentations and comment, she
3 thought it was interesting. She thought the proposal was consistent with the community and they
4 cannot consider the tenant. She said she was supportive of the proposed rezoning.
5 Commissioner Hamilton said she reviewed the Comprehensive Plan and found there is
6 latitude for the elected officials to determine what it means. She said the project is not consistent
7 with principles 5 and 7. She said it would undermine economic diversity and would not preserve
8 the rural character. She said it is not consistent with the Comprehensive Plan and will not support
9 it.
10 Commissioner Greene said the 2008 plan said to do better. She said it asked for
11 commercial development to be walkable and not in a strip style development. She said that if they
12 make an exception here and then again later, they would not be following the Comprehensive
13 Plan.
14 Vice-Chair McKee said this area is one of those areas designated by the plan. He said
15 there is nothing in any ordinance or plan that is sacrosanct. He said they have made changes
16 during his time on the Board. He said if they lock in something that was approved earlier and
17 they decide that it is sacrosanct, it further turns Orange County into a gated community for those
18 with the wealth and means to live here and continues to exclude those with lower wealth that can't
19 pay the tax burden that falls almost entirely on homes.
20 Chair Bedford said she looked up what the zoning definition really means. She said that it
21 would generally would not serve persons or commuters out of the neighborhood. She said she
22 listened carefully to the other commissioners and the public, read the slides, and is not concerned
23 about the impact of traffic on Highway 54 by the project. She said she studied the conditions and
24 felt they improved the project. She said overall this is a land use decision, and they do not choose
25 between specific preferences, for example between Barnes and Noble versus a locally owned
26 book store. She said that many of the arguments made by the public do not apply, because they
27 do not pertain to land use. She said this would be a good fit as it pertains to land use. She said
28 the first principle is the efficient and responsible provision of public services and that that it is not
29 really applicable. She said the second is sustainable growth and development and that should
30 occur in a pattern and location that is sustainable. She said that NC2 zoning is a good fit for this
31 area. She said the third principle is lower energy consumption, air quality protection, and the traffic
32 is not impacted, so that is not impacted significantly. She said the fourth guiding principle is
33 preserving special sensitive areas and this is not applicable here because they are not cutting
34 down old-growth hardwoods. She said the fifth is the principle of rural land use patterns. She said
35 she thinks this one is very important and that she agrees with the Planning Board on the
36 surpassing of the 20 acre limit. She said this project would not put it over twenty acres, and they
37 cannot look to the future. She said that water resource preservation is the sixth guiding principle
38 and that they are using a well and will have a septic tank so that is all fine. She said that number
39 seven is promotion of economic prosperity and diversity. She said that tax revenues could
40 contribute to prosperity. She said there are already commercial businesses there and that she
41 does not think this really adds to diversity. She said the last guiding principle is preservation of
42 community character. She said it is hard to argue that a retail store would do that. She said she
43 does not think it will fit. She said that she feels it is inconsistent with the Comprehensive Plan and
44 that the current zoning is appropriate.
45 Commissioner Fowler said she wanted to make a motion to deny the application.
46 Chair Bedford said that she needed to say more in her motion about the denial.
47 Commissioner Fowler said she previously outlined that she thought it was inconsistent
48 with the Comprehensive Plan. She asked if she needed to repeat everything she said previously.
49 John Roberts said yes; he had heard several Board members talk about inconsistencies
50 with the Comprehensive Plan. He said that if that is the rationale they are using for their motion,
51 then yes. He said if they have rationales of inconsistency, they must state them.
43
1 Vice-Chair McKee added that it should be in specific detail.
2 John Roberts said as specific as possible would be helpful.
3 Commissioner Fowler said it goes against the concept of community building as a first
4 priority, and against the citizen concerns in preserving the county's rural landscape, natural and
5 cultural resources, and furthermore does not address any error in the county's zoning atlas and
6 is not necessary for public health, safety, or general welfare.
7 Chair Bedford said that Commissioner Fowler said prior that it was inconsistent with the
8 Comprehensive Plan.
9 Commissioner Fowler said that was correct.
10 John Roberts asked Commissioner Fowler to specifically say that it is inconsistent with
11 the Comprehensive Plan as part of the motion.
12 Commissioner Fowler said that the first part of her motion she wanted to deny the
13 application because it is inconsistent with the Comprehensive Plan based on the things she had
14 stated twice.
15 Commissioner Greene seconded the motion, but asked to offer a friendly amendment to
16 add other inconsistencies with the Comprehensive Plan, specifically the ones Commissioner
17 Greene had mentioned which were land use goal three which involves the county's goal to limit
18 sprawl and the county's goal to encourage walkable development and not strip development. She
19 said that Chair Bedford had also added inconsistencies.
20 Chair Bedford said it was principles 5, 7, and 8 of the Comprehensive Plan.
21 Commissioner Greene said she wanted to incorporate those reasons and asked Chair
22 Bedford to repeat them.
23 Chair Bedford asked for clarification that this was an amendment and not a drafting of a
24 statement.
25 Commissioner Greene said she was offering a friendly amendment to Commissioner
26 Fowler's motion and wanted Chair Bedford's input.
27 Chair Bedford said it is inconsistent with the Comprehensive Plan and in conflict and
28 inconsistent with the guiding principles 5, 7, and 8, and does not promote public health, safety,
29 and general welfare.
30 Commissioner Greene asked if Commissioner Fowler accepted those amendments.
31 Commissioner Fowler accepted the amendments to motion.
32 Vice-Chair McKee said the landowner is caught in a catch-22 and the fact that it is split
33 zoned along with the setbacks makes it useless. He asked staff to look into other parcels that
34 might be split-zoned because he wants to make sure this does not repeat. He said that the Board
35 has repeatedly been told to follow the advice of experts and staff. He said staff has repeatedly
36 said this is consistent and that the Board should follow the direction of staff.
37 Commissioner Fowler said they were split zoned because it was several different parcels
38 that were joined together to create this project.
39 Vice-Chair McKee said this is a no-win for the owner and in his mind creates a property
40 rights issue.
41 Commissioner Richards said she has not shopped at Walmart in 20 years and tries not to
42 support Amazon as an entity. She said she had to separate the land use zoning issue from the
43 business and that she also has a lot of feelings about labor practices. She said she had looked at
44 the zoning and how it was being used. She said she attended the community meeting and tried
45 to talk all of that out and review it as a land use question. She said it looks to her like it meets the
46 requirements for the change. She said it is a difficult decision, but she believes the evidence is
47 there.
48 Commissioner Portie-Ascott said that this is a very complex issue, especially being new.
49 She said she read the minutes from the Planning Board and picked up on the property owner's
50 comments on how he feels boxed in and having property that he is limited with what he can do
51 with it. She said that sitting in her role, she said it feels like they created this problem for the
44
1 property owner. She said their charge is to think about the land use and not the tenant. She said
2 she is trusting the Planning Director and staff and that the proposal met what was asked.
3
4 Commissioner Greene called the question for the Board to vote on the motion on the floor.
5
6 VOTE: Ayes, 4 (Chair Bedford, Commissioner Fowler, Commissioner Hamilton, and
7 Commissioner Greene)
8 Nays, 3 (Commissioner Portie-Ascott, Vice-Chair McKee, and Commissioner
9 Richards)
10
11 MOTION PASSES
12
13 6. Regular Agenda
14
15 a. Presentation of Manager's Recommended FY 2023-33 Capital Investment Plan (CIP)
16 Due to the late hour and the length of the business meeting, the County Manager suggested
17 delaying the CIP presentation until the April 11, 2023 Budget Work Session. The Board agreed
18 with the County Manager's suggestion.
19
20 7. Reports
21 None.
22
23 8. Consent Agenda
24
25 • Removal of Any Items from Consent Agenda
26 • Approval of Remaining Consent Agenda
27 • Discussion and Approval of the Items Removed from the Consent Agenda
28
29 A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to
30 approve the consent agenda.
31
32 VOTE: UNANIMOUS
33
34 a. Minutes
35 The Board approved the draft minutes for the February 21, 2023 BOCC Meeting, February 24,
36 2023 BOCC Retreat, and February 27, 2023 Legislative Breakfast as submitted by the Clerk to
37 the Board.
38 b. Motor Vehicle Property Tax Releases/Refunds
39 The Board adopted a resolution to release motor vehicle property tax values for three (3)
40 taxpayers with a total of three (3) bills that will result in a reduction of revenue.
41 c. Property Tax Releases/Refunds
42 The Board adopted a resolution to release property tax values for nine (9) taxpayers with a total
43 of ten (10) bills that will result in a reduction of revenue.
44 d. Late Applications for Property Tax Exemption/Exclusion
45 The Board approved one (1) untimely application for exemption/exclusion from ad valorem
46 taxation for one (1) bill for the 2022 tax year.
47 e. Appointment of Four (4) Deputy Tax Collectors
48 The Board reappointed Valerie Curry, Bernice Gwynn, Tonya Smith, and Brandy Prince as Deputy
49 Tax Collectors for four-year terms, effective July 1, 2023.
50
51
45
1 f. Native Plant Month Proclamation
2 The Board approved a proclamation designating April 2023 as Native Plant Month in Orange
3 County.
4 g. Expansion of Duke Energy Utility Easement at Gravely Hill Middle School
5 The Board approved and authorized the County Manager to sign an agreement upon final review
6 of the County Attorney expanding an existing Duke Energy utility easement at Gravely Hill Middle
7 School allowing Duke Energy to build a new 100kV transmission line.
8 h. Proposed Sale of 0.45 Acre Property, PIN #0900832203, Hillsborough
9 The Board approved the sale of a 0.45 acre County-owned property, PIN #0900832203, located
10 in Hillsborough, and approved a resolution authorizing its sale through an upset bid process.
11 i. Contract Renewal with NWN for Varonis File Server and Active Directory Protection
12 The Board approved and authorized the Manager to sign a three year renewal contract with NWN
13 to continue licensing and support for Varonis, a software system which provides protection and
14 the ability to audit County file systems and authentication mechanisms.
15 j. Approval of In-County Travel Allowance for Orange County Schools Board of Education
16 Members
17 The Board adopted a resolution approving a monthly in-county travel allowance for members of
18 the Orange County Schools (OCS) Board of Education.
19 k. Resolution Supporting Legislation to Reclassify Telecommunicators
20 The Board adopted a resolution supporting the National Reclassification of 9-1-1
21 Telecommunicators from "Office and Administrative Support"to"Protective Service Occupations."
22 I. Approval of Financing Arrangements for Efland Volunteer Fire Department for
23 Renovation of Fire Station #1
24 The Board approved the Efland Volunteer Fire Department (EVFD) entering into a financing
25 arrangement to renovate Efland Fire Station #1, and authorized the Board of Commissioners'
26 Chair to sign the appropriate documents related to the financing arrangements.
27
28 9. County Manager's Report
29 Bonnie Hammersley said the CIP will be presented on April 11th. She said they have the
30 agenda in front of them for April 11th. She said the binder is also available and asked them to
31 bring that with them to the meeting. She said there is no requirement to do the presentation during
32 a business meeting.
33
34 10. County Attorney's Report
35 John Roberts said today was the filing deadline for the Senate. He said after the filing
36 deadline, they're usually aren't public bills to come through but there are ways around that if they
37 want. The said there is still two more weeks for the House deadline and the crossover deadline
38 is May 4th. He said that Senator Graig Meyer filed the appeal for the dangerous dog designation,
39 and he will have a full report at a future date.
40
41 11. *Appointments
42 None.
43
44 12. Information Items
45 • Tax Collector's Report— Numerical Analysis
46 • Tax Collector's Report— Measure of Enforced Collections
47 • Tax Assessor's Report— Releases/Refunds under$100
48 • Memorandum — Eno-New Hope Landscape Conservation Group - Strategic Action Plan
49 • Memorandum — US 70 Multimodal Corridor Study
50
46
1 13. Closed Session
2 None.
3
4 14. Adjournment
5 A motion was made by Vice-Chair McKee and seconded by Commissioner Fowler to
6 adjourn the meeting at 10:16 p.m.
7
8 VOTE: UNANIMOUS
9
10
11 Jamezetta Bedford, Chair
12
13
14 Laura Jensen
15 Clerk to the Board
16
17 Submitted for approval by Laura Jensen, Clerk to the Board.