HomeMy WebLinkAboutMinutes-04-04-2023-Business Meeting 1
APPROVED 5/16/23
MINUTES
ORANGE COUNTY
BOARD OF COMMISSIONERS
BUSINESS MEETING
April 4, 2023
7:00 p.m.
The Orange County Board of Commissioners met for a Business Meeting on Tuesday, April 4,
2023 at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, NC.
COUNTY COMMISSIONERS PRESENT: Chair Jamezetta Bedford, Vice Chair Earl McKee,
and Commissioners Amy Fowler, Sally Greene, Jean Hamilton, Phyllis Portie-Ascott, and Anna
Richards
COUNTY COMMISSIONERS ABSENT: None.
COUNTY ATTORNEYS PRESENT: John Roberts
COUNTY STAFF PRESENT: County Manager Bonnie Hammersley, Deputy County Manager
Travis Myren, and Clerk to the Board Laura Jensen. (All other staff members will be identified
appropriately below)
Chair Bedford called the meeting to order at 7:00 p.m. All commissioners were present.
1. Additions or Changes to the Agenda
There were no changes to the agenda.
Chair Bedford read the public charge:
The Board of Commissioners pledges its respect to all present. The Board asks those
attending this meeting to conduct themselves in a respectful, courteous manner toward
each other, county staff and the commissioners. At any time should a member of the
Board or the public fail to observe this charge, the Chair will take steps to restore order
and decorum. Should it become impossible to restore order and continue the meeting,
the Chair will recess the meeting until such time that a genuine commitment to this
public charge is observed. The BOCC asks that all electronic devices such as cell
phones, pagers, and computers should please be turned off or set to silent/vibrate.
Please be kind to everyone.
2. Public Comments (Limited to One Hour)
a. Matters not on the Printed Agenda
There was no one signed up to speak.
b. Matters on the Printed Agenda
(These matters will be considered when the Board addresses that item on the agenda below.)
3. Announcements, Petitions and Comments by Board Members
Commissioner Greene petitioned the County Manager to schedule a meeting with the City
Council of Mebane before the end of June if possible to discuss their common interests in the
western part of Orange County.
Commissioner Richards attended the Orange County Partnership for Young Children
advisory board. She said a subgroup will be meeting the next day to delve into the issue of
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childcare openings not evenly distributed in the county. She said that it is a bigger issue than
transportation. She said she attended the HBA housing summit in the previous week. She said
the principal speaker was from the Strong Towns organization. She said the speaker described
innovative and creative ways for thinking about development and neighborhoods. She said that
April is re-entry month and there will be activities going on throughout the month. She said that
earlier in the day she went to the opening of the Hillsborough site for Boomerang youth
organization. She said that it is a great addition and alternative for young people. She said there
will be a free summer program for children.
Vice-Chair McKee thanked everyone who took time to attend the business meeting.
Commissioner Hamilton said she attended the school safety committee meeting on March
231. She said the group is making steady progress for making the schools safer for students,
teachers, and staff.
Commissioner Portie-Ascott said that she was continuing to meet with departments as
she learned about the county. She has met with Asset Management Services; Aging; Economic
Development and took a tour of Economic Development zones; the Department of Environment,
Agriculture, Arts, and Parks and Recreation; and Cooperative Extension. She said she also
attended ribbon-cutting for Boomerang. She said she was not aware that they had an afterschool
program for any youth that wanted to attend. She said they have a goal for getting a 15-passenger
van. She said some youth want to attend but cannot due to transportation issues.
Commissioner Fowler said that April is Autism Awareness and Acceptance Month. She
encouraged people to attend an event at the Chapel Hill Public Library on April 15t" at 1 pm
sponsored by the Town of Chapel Hill, B3 Coffee, and the Autism Society of North Carolina —
Orange/Chatham Chapter. She said the event is called Autistic Children Grow Up and will feature
a film titled Deej and panel discussion afterwards on autism and adulthood. She said it is a great
event for learning how to be more inclusive. She said on March 24t" she attended the IDEAL
Communities Action Team held at the Alliance office in Morrisville. She said IDEAL stands for
inclusive, diverse, engaging, affordable, and lifelong. She said the initiative was started by HOPE
(Housing Options for People with Exceptionalities), whose mission is to create inclusive
communities where people of all abilities and ages experience a sense of belonging. She said
their goal is for such a community to be mutually beneficial to all residents by increasing housing
stability and affordability, enhance social connections, and reduce isolation. She said the goal is
for approximately 25% of units to be set aside for adults with developmental disabilities, with the
other units being occupied by older adults, single adults, and families. She said that, ideally, it
would be walkable, close to transportation, economic opportunities, health care, etc. She said
the next meeting is Friday, June 2n1
Chair Bedford said she attended a joint meeting with CAMPO (Capital Area Metropolitan
Planning Organization) and the Durham Chapel Hill Carrboro MPO (Metropolitan Planning
Organization). She said there was discussion about commuter rail and updates with TIP process.
She said that there is an opportunity with Triangle J Council of Governments called Connect
Region, which encourages communities in the Triangle area as a broader community and to
consider regionality. She said that Triangle J is hoping to get $1.5 million to develop a plan of a
regional vision and a strategy document that focuses on land use, housing, transportation,
water/sewer, equity, public safety, and other issues. She said the plan would have goals,
strategies, targets, and a connected region (voluntary) compact, with a commitment to refresh the
plan every 5 years. She said that the group was supportive. She said that Granville County
wanted to be remembered in the plan since they are affected by increased growth. She said that
it would be good to consider some of the softer planning items, such as homelessness, hunger,
aging services, mental health -the actual systems in the state that are failing residents.
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4. Proclamations/ Resolutions/ Special Presentations
a. Public Safety Telecommunicators Week Proclamation
The Board approved a proclamation recognizing the week of April 9-15, 2023 as Public Safety
Telecommunicators Week in Orange County.
BACKGROUND: Every year across the nation, the second full week of April is dedicated to the
professional women and men who serve as public safety telecommunicators. First conceived by
Patricia Anderson of the Contra Costa County (California) Sheriff's Office in 1981, this practice
was recognized by Representative Edward J. Markey (D-Massachusetts) in what became House
Joint Resolution 284 to establish "National Public Safety Telecommunicator Week". With the
continued efforts of the International Association of Public Safety Communications Officials and
the National Emergency Number Association, the act to recognize public safety
telecommunicators became a permanent proclamation in 1994.
Each day hundreds of Orange County residents and those passing through rely on the expertise
and dedication of public safety telecommunicators. These professionals help save countless lives
by answering emergency calls, dispatching law enforcement, fire, and emergency medical
personnel and equipment, as well as providing support to the residents and visitors of this county.
Their skills in high-pressure situations assist in providing rapid emergency response, aid, and
compassion in times of great distress and critical decision-making within seconds.
Orange County Communications is the primary answering point for all emergency and non-
emergency service calls in the County. In 2022 NC Public Safety Answering Points (PSAPs)
answered 7.5 million 9-1-1 calls. Orange County 9-1-1 telecommunicators answered 84,314 9-
1-1 calls and handled over 107,000 administrative calls. The telecommunicators dispatched over
180,000 calls for service with an average of five telecommunicators on duty. The communications
center operates twenty-four hours a day, seven days a week, three hundred sixty-five days a year,
with a staff of twenty-eight full-time telecommunicators.
Orange County's telecommunicators continue to strive for excellence in their performance and
are among the most highly trained in the state.
Orange County's telecommunicators provide a valuable service to residents, visitors, and public
safety providers.
Laurie Piche, Communications Coordinator for 911 Communications, introduced the
proclamation. She said that in 2022, telecommunicators answered more than 195,000 calls, 90%
of which were answered within ten seconds, which is the North Carolina 9-1-1 Board standard.
She said they dispatched and monitored 92,700 calls for service. She said they provided CPR
instructions for 266 cardiac arrest victims, and assisted in the successful delivery of three babies.
She thanked the Board for the proclamation and invited them to visit the 9-1-1 operations center.
Commissioner Portie-Ascott read the proclamation:
ORANGE COUNTY BOARD OF COMMISSIONERS
PUBLIC SAFETY TELECOM MUNICATORS WEEK
2023
PROCLAMATION
WHEREAS, emergencies can occur at any time that requires police, fire, or emergency medical
services; and
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WHEREAS, when an emergency occurs, the prompt response of police officers, firefighters, and
paramedics is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and
accuracy of information obtained from individuals who telephone the Orange County Emergency
Services 9-1-1 Communications Center; and
WHEREAS, Public Safety Telecommunicators are the first, and most critical contact our residents
and visitors have with emergency services; and
WHEREAS, Public Safety Telecommunicators are the single vital link for our police officers,
medical responders, and firefighters by monitoring their activities via computer and radio,
providing pertinent information, and helping to ensure their safety; and
WHEREAS, Public Safety Telecommunicators of Orange County Emergency Services have
contributed substantially to the apprehension of criminals, suppression of fires, and treatment of
patients; and
WHEREAS, each Public Safety Telecom municator of Orange County Emergency Services has
exhibited compassion, understanding, and professionalism during the performance of their job in
the past year;
NOW, THEREFORE, we, the Orange County Board of Commissioners, hereby proclaim the week
of April 9 through 15, 2023 as Public Safety Telecommunicators Week, in honor and recognition
of our County's Telecommunicators whose diligence and professionalism help keep our county,
residents, and visitors safe.
Adopted this fourth day of April, 2023
Jamezetta Bedford, Chair
Orange County Board of Commissioners
Laurie Piche introduced Darren Strickland, 9-1-1 systems administrator and Rebecca
Jones, the 9-1-1 coordinator.
Chair Bedford noted that they have a very high call volume and thanked staff.
Vice-Chair McKee said that without telecommunicators they would have much more
difficult situations on their hands.
Commissioner Portie-Ascott said she looked forward to her upcoming tour of Emergency
Services. She said that the UNC School of Government also took a recent tour and that she
heard positive things about the division.
Commissioner Hamilton thanked the 9-1-1 communications division.
A motion was made by Commissioner Hamilton and seconded by Commissioner Fowler
to approve and authorize the Chair to sign the Proclamation.
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VOTE: UNANIMOUS
5. Public Hearings
a. Public Hearinq on FY 2023-2024 Annual Action Plan for the HOME Investment
Partnerships Program
The Board held a public hearing on the Annual Action Plan for the HOME Investment Partnerships
Program.
BACKGROUND: Every year, state and local governments ("Participating Jurisdictions") that
receive HOME Investment Partnerships Program ("HOME") funds from the U.S. Department of
Housing and Urban Development ("HUD") are required to complete an Annual Action Plan that
lays out how they will allocate HUD funds for the upcoming program year in order to address the
goals and priorities in the Consolidated Plan. A summary of the draft Annual Action Plan for FY
2023-2024 is in Attachment 1.
For FY 2023-2024, Orange County anticipates receiving the following HOME resources:
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
Orange County is a special type of Participating Jurisdiction, called a Consortium, consisting of
Orange County and the Towns of Carrboro, Chapel Hill, and Hillsborough. Orange County serves
as the lead entity for the Orange County HOME Consortium. The Consortium has drafted the FY
2023-2024 Annual Action Plan based on the HOME award recommendations made by the Local
Government Affordable Housing Collaborative, detailed below.
The Local Government Affordable Housing Collaborative (the "Collaborative"), comprised of one
(1) elected official and staff members from Orange County and the Towns of Carrboro, Chapel
Hill, and Hillsborough, reviewed the received applications for the FY 2023-2024 HOME Program
on March 9, 2023 and made the following funding recommendations for consideration by each of
the jurisdictions' elected bodies:
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 -
Hope 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
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In accordance with HUD requirements and the Orange County Citizen Participation Plan, the
Orange County HOME Consortium must hold a public hearing to obtain residents' comments and
feedback on the draft Annual Action Plan during the public comment period, from April 1 — April
30, 2023.
Notice of this public hearing was published in The Herald Sun and La Noticia. Copies of the draft
Annual Action Plan were posted on the Orange County Housing Department website, and a link
to the website and draft plan were circulated by public notice in the newspapers listed above, as
well as by email to more than 100 relevant stakeholders to include local service providers,
nonprofit organizations, government entities, elected officials, and interested residents.
All comments received during this hearing, and anytime during the public comment period, will be
incorporated into the final HOME Annual Action Plan to be submitted to HUD. Before submitting
the final plan, the Board of Commissioners will consider the approval of the HOME Annual Action
Plan and the FY 2023-2024 HOME Program Design (funding recommendations) later in 2023.
The governing boards for the Towns of Chapel Hill, Carrboro, and Hillsborough are also
scheduled to consider the approval in 2023, in order for the final plan to be submitted to HUD by
the federal deadline in May 2023.
Corey Root, Housing Director, introduced the item and reviewed some of the background
material in the agenda.
Chair Bedford asked when the item will come back to the Board for approval.
Corey Root said the public comment period will be open through the end of April. She
said it will then come back to the Board at the first business meeting in May.
Commissioner Fowler asked if people are able to view the scoring so they could
understand how the applications were evaluated and how they compared to each other.
Corey Root said they could make that available.
Commissioner Greene said that the CASA project on Homestead Road is part of Chapel
Hill's efforts to support affordable housing.
Vice-Chair McKee made a motion to open the public hearing, seconded by Commissioner
Fowler.
VOTE: UNANIMOUS
There was no one signed up to speak for the public hearing.
Commissioner Fowler made a motion to close the public hearing, seconded by Vice-Chair
McKee.
VOTE: UNANIMOUS
Chair Bedford asked what other ways the public could make comments.
Corey Root said that comments can be submitted by email or call her office.
Commissioner Richards asked if there are other ways that partners can participate for
housing issues.
Corey Root said there are bond funds that were passed in 2016, and that the county has
done two issuances of funding in 2017 and 2020. She said that there was about$700,000 leftover
for housing and that they were working towards another issuance in the summer.
Commissioner Richards asked if that would be a competitive process where people submit
proposals.
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Corey Root said it would be and there would be a call for applications.
Commissioner Richards said there were CARE and ARPA funds in previous years that
were available for housing.
Corey Root said they spent the vast majority of those funds on emergency housing
assistance.
b. Application for Zoning Atlas Amendment — Parcel Located at 3026 White Cross Road,
Chapel Hill, in Bingham Township
The Board held a public hearing, received the Planning Board/staff recommendation and public
comment, closed the public hearing, and considered action on an applicant-initiated Zoning Atlas
Amendment to rezone a 4.83+/- acre parcel (PIN: 9749-40-2351) located at 3026 White Cross
Road, Chapel Hill within the Bingham Township of Orange County from AR (Agricultural
Residential), & NC-2 (Neighborhood Commercial) to NR-CD (Non-Residential Conditional
District).
BACKGROUND: On November 17, 2022 a Conditional Zoning Atlas Amendment application
(Attachment 1) was received proposing to rezone 4.83 acres of property at 3026 White Cross
Road, Chapel Hill, within the Bingham Township. The Staff Report in Attachment 2 contains
additional information, maps, and analysis.
Basic Review Process: A conditional district rezoning application requires submission of a site
plan and other documents, in accordance with Section 2.9.1(C) of the Unified Development
Ordinance (UDO). The typical cadence for the review is as follows:
• FIRST ACTION —Applicant holds a Neighborhood Information Meeting (NIM).
STAFF COMMENT: The Neighborhood Information Meeting was held on February
22, 2023 at 5:30 p.m. at the Orange County Public Library.
• SECOND ACTION —The Planning Board reviews the application at a regular meeting
and makes a recommendation to the BOCC.
STAFF COMMENT. The Planning Board reviewed this application at its regular
meeting on March 8, 2023.
• THIRD ACTION—The BOCC receives the Planning Board and staff recommendations
at an advertised public hearing and makes a decision on the application.
STAFF COMMENT. The public hearing is scheduled for April 4, 2023.
Per Section 2.9.1 (F) (3) of the UDO, mutually agreed upon conditions can be imposed as part of
this process if they address:
a. The compatibility of the proposed development with surrounding property,
b. Proposed support facilities (i.e. roadways, and access points, parking areas and
driveways, pedestrian and vehicular circulation systems, screening and buffer areas, the
timing of development, street and right-of-way improvements, storm water drainage, the
provision of open space, etc.), and/or
c. All other matters the County may find appropriate or the petitioner may propose.
A formal site plan is required as part of a conditional rezoning application and has been submitted
(Attachment 1). Approval of a site-specific plan is part of the conditional district rezoning process,
and the site plan and any agreed-upon conditions are binding to the development footprint
permitted for the zoning district.
Staff has recommended the imposition of conditions, as included in the Ordinance in Attachment
8. The following conditions have been proposed and agreed to by the applicant:
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1. Application: Project shall be completed as presented in approved site plan/application
packet;
2. Off-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
lane shall be provided at the White Cross Road 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 cement fiber, lap siding, trim, crown, frieze,
simulated windows, etc. as proposed for the front elevation in the submitted application;
5. Existing Building: Applicant will accept an offer from the community to remove the existing
structure at no cost/liability to the applicant if a written and qualified offer is received within
30 days of site plan approval and the existing structure is removed within 60 days of
agreement;
6. Fire Safety: Fire suppression needs shall be met by securing a deed of easement and
agreement for use of the water source (3 acre pond) identified on Orange County PIN
9748-28-3016.
Public Notification: In accordance with Section 2.8.7 of the LIDO, notices of the Public Hearing
were mailed via first class mail to property owners within 1,000 feet of the subject parcel. These
notices were mailed on February 21, 2023, 14 days before the meeting. Staff also posted the
subject parcel with a signs on February 21, 2023, 14 days before the meeting. See Attachment
3 for the notification materials.
Planning Board Recommendation: The Planning Board reviewed the zoning atlas amendment at
its March 8, 2023 regular meeting. At this meeting the Board voted 9 to 3 to recommend denial
of the application based on its finding that the application is inconsistent with the Comprehensive
Plan.
Excerpts of the minutes from the meeting are included in Attachment 6. Agenda materials from
the meeting can be viewed at: https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26
Planning Director's Recommendation: The Planning Director recommends approval of the:
1. Statement of Consistency indicating the zoning atlas amendment(s) are reasonable
and in the public interest as contained in Attachment 7.
2. Ordinance amending Zoning Atlas, as well as imposing development conditions, for
the identified parcel as contained in Attachment 8.
Ty Stober, Planning Director, made the following presentation:
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Slide #1
ORANGE COUNTY
NORTH C.1LROLINA
Zoning Atlas Amendment
AID & NC-NC-2 Zoningto NR- D Zoning
3026 White Cross Road PICA: 9749-40-2351
Applicant:Glandon Forest Equity, LL .
Board of County Commissioners
April 4, 202
Slide #2
MEN G CADENCE
1, Staff Presentation
. Applicant Presentation
. Questionsfromthe Commissioners
4. Public Comments
5. Board Deliberation and Decision
ORANGE COUNTY
MOR-7I C.iRLXANA
10
Slide #3
ZONING & LAND USE REVIEW
NGGS 160D-701
Zoriing regufatlorrs shall be made In accordance with a comprehensive plan and shy be
deslgned to promm*the pLmlic fieallh. safely.and general welfare._._The regulations
shag be made with reasonal le cormideration.anwg other thongs, as to the c+taraeter of
the district and its pec uli a r suitability for partie r uses and with a view to conserving the
value of bukings and encouraging Ili&most approprlale use of land Ihroughout the local
gouerrrmenE's planning and development reguilatlon Junsdlctlort. The regulatlom may not.
Inttlude, as a basis for dertyi ng a Milifhg ar rezani ng request from A MlhOOl,the lovim of
service of a road facility or faeililtie abutting the school or proximately located to the
school
ORANGE COUNTY
wk1FCf]I C_%ROLINA
Slide #4
ZONING & LAND USE REVIEW
NGGS 160D- 01
Zbrting rtgulatlons shall be made in accordance with A c0mpr6h8nslwl8 plan and sha be
designed to pr6rn4t@ the publir; healrn. Saiet�.and gitneral*@1!are__._The regulatioms
shJ be made with reaw mabla 4;Q"ideratiQn,gnwg otl]er thing I ag to the character of
the drgtrict arrd its pec uliar suitabi lity fir parli�vla r uses and wilh a view to conservirr�the
,slut of buildings antl i�nemraging the most appr&0riMe use of land throughout the loud
govemmanVs planning and development regutatlon Junsdlvdarr. Tltr rmgulatlonc may not
Include, as a basis for denying a zoning or rezoning request from a tafrool,the lave!of
service of a road facility Pr facilities abuttirry lha%ohoai or RrQximalely located to the
school.
ORANGE COUNTY
Cy Stober said that a Comprehensive Plan is required for a jurisdiction that has zoning.
He said the plan is a guiding document.
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Slide #5
ZONING & LAND USE REVIEW
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Comprehensive Plan Un1fied Development Grdinance
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ORANGE COUNTY
wk1FCf]I C_iROLINA
Slide #6
ZONING ZONING & LAND USE REVIEW
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Comprehensive Plan Unif led Development Grdinanee
Future Land Uge Map (UDD)
ORANGE COUNTY
NC Wn I CA W_)LINA
Cy Stober said that most zoning recommendations are reviewed through the Future Land
Use Map to determine if the application is consistent with the future land use.
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Slide #7
ZONING & LAND USE REVIEW
NAGS 1OD-70
A local government may adopt mning regulattnns._. a mning regulation may regLdate and
restrlcl
the b6gl t, mummer of stories,and size of buildings and other structures;
the percentage oflo#s lhat may be occupied.
the srze of yards_coasts_and other apart spaces_
the density of population;
the locakion and use of buildings, structures,and land..,
Mere approprlale, a zoning regulation may include requirements that street ancii Letlllty
rrghts-of-way be dedleated to the public, Ihat provision ba made of racreationa3 ispaae and
facilities.end that performance guarankeea be provided..
Any reguOation relateng to buildirg des n etTnents adopted under this chapter may not
be applied to any structures subject to regulatlori under the North Carolina Resldenhat
Cod&for One-and Two•Famlly Dwelkngs
ORANGE COUNTY
wk1FCf]I C_tROLINA
Cy Stober said that appearance and aesthetics can not be subject to regulation in one-
and two-family dwellings.
Slide #8
ZONING & LAND USE REVIEW
NAGS 160D-70
A local government may divide Ets terrltarlal junsdlctlon Into zoning districts of any
fiLdmer, shapae, arrd area deemed best suited to carry out the purpotas of this Article.
Wid]i n these districts, ik may regulate and restrict khe erection,con%trnockion.
reconstruokion_alterakiw7, repair_or use of buildirgs, structures_or land Zoning districts
may Include, but are not be United to_the foioavhrg,.
(1) Co mre+ritio nat disti lcts, In which a v&n"of uses are allowed as permuted uses or
uses by right arai Viat may uho a special use permit.
{zJ Conditional districts, in which slteplam or individuamed devetcpment condillorra
are unposed...
ORANGE COUNTY
wk1FCf]I CAROLINA
13
Slide #9
CONDITIONAL DI TRI T- Overview
Conditional
�Iunil individualized develapmellk
tnnlwns and slandards
No sile•speei4e,individualized GftApeuk devWprnen1 plan
condoons may be Imposed_ is earl of review and approval
prooess
ORANGE COUNT'
wk1FCf]I C_iROLINA
Cy Stober said that this type of application allows for negotiation between the applicant
and the County as long as the requests are reasonable.
Slide #10
ZONING & LAND USE REVIEW
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0rdnge County 2030 CamprehennIva Plan,Appendix F ORANGE COUNTY
wk]FC3]I CAWMINA
14
Slide #11
ZONING & LAND USE REVIEW
N GS 'S OD-703 (coat.)
SpealA,c conditlorks may be proposed by the petlttoner or the local government or ns
agenclet,bul only those cbndltlons approved by the local goti*rnmeatl and oonsenled la
by the petitioner in wriling nmy be incorporated into the zoning regulations Unless
consented to by khe pwitionrer in writtng... a local government may nol require, enforce.
or Incorporate Into the zoning regulations any condltion or requirement not authorized by
otherwise applicable law._.
Candltioras ane sites acIfic standards imposed m a candltlanal dlstrbcl shall be Ilmlted to
#base that oddreas the conformance of the development and use of the a ite to local
government ordinances... or the impacts mawnabiy a pected ka ke generated by the
devtiaprnam or use of the slle_._
Any outer modlAcakn of the canditlans and standards in a canditiorkm dlstricl shall follow
the same process for approval as are applicable to zoning map aerre-ncAraents
ORANGE COUNTY
.,x)rrr I C_iRGLLNA
Slide #12
ZONING & LAND USE REVIEW
N GS 16OD-703 (coat.)
Specific conditions may be proposed by the petitioner or the total government or its
agentles,bLI! Only th4S2{4ndLtl4115 approw�d by the 14G7 govarnment and conSaMed to
by the petitioner in writing may be incorporated into the zoning regulations Un1Lss
consented to by the petitioner in writing.., a local Wvernment may not require, enforce.
or mcorWale Into the roning regulations any condluon or requirement not authorized by
otherwise appllcabte law._.
Carb&tiorrs and slte•speolAc standards imposed in a conditiorml district shall be 41mited tr;
#h45iethaE addrg�s the c;pni4nrtdnrrLz of the development# a+hd useefthe rite IQ local
government ondinaneei... or the i+nvacts maszna*e.wected to begeneratea by the
devtl0ipment or use of the site_._
Any other modification of the condltions and standards in a CondWonal district
shal folow She same process for approval as are amAicablia to zonina mac
amendments,
ORANGE COUNTY
NC]Wn I C1 RLX-LNh
Cy Stober said the conditions are negotiable but not without limit. He said that the site-
specific plan that is presented is binding and if there is any significant deviation from approval
then it has to be rezoned again through all levels of review and approval.
15
Slide #13
NDMONALDISTRICT- Overview
Enabling NC General Statute 9600•703_76nihq Dittrlots_
• . ' Orange CoLmly UfAiied Deve meet Ordinance
Section 2.9 Conditional Districts
• SiCf Swine pmrn
* IndNidvaiized development wrrditiorrs.mutuaiy
a . agreed upon by rev[sw authority and applicant!
• StaNanrs 9oard ret<ommerrdatrons and flrral
approval are to be basod On-Nheth*r the request
- is consistent with the purpose and intent of the
CwVrehensrWe Plan
ORANGE COUNTY
wk1FCf]I C_iROLINA
Slide #14
ONDMONAL DISTRICT- Applicant
Responsibility and Review Flexibility
1. Establishment of Use Type
Applicant is required to define wnat typo of development and/or
land use is a ntic i pated-
2.
Site Plan DevekopmeRt
A formal site plans_ reviewed and approved by staff in accordance
with UDD Section 2_5 and Article 6 Devolopment Standards_must
be ss_Ibmitted as part of a Conditional Zoning application_
3, Subject W Conditions of Approval
Review and approval allows for negotiation of development
standardsand may vary oonslderably from ordlnancestandards.
Room for oreativity both from appllcant and review authorlty.
--ta
ORANGE COUNTY
NX)Wn I CAROLINA
16
Slide #15
CONDITIONAL I)I TRI T Y- R vi w Process
• Receive application and check for complatenesF,
• Development Advisory Committee Review
Neighborhocd Information Meeting
- To obtaln neighborhood InpuIon the proposal and allow the
opportunityto explain the review process
■
• To make a recommenda#ion of approval or denial of Zoning
Atlas Amend ment
Board cf County Commissio blic
• TO take action on the appl lcaC on to rezone
ORANGE COUNTY
wk1FCf]I C_iROLINA
Taylor Perschau, Planning & Zoning Supervisor, continued the presentation:
Slide #16
CON DITI NALM TRI TY- HOCCReviewRole
Tonight's ■_ ■ of Commissioners • _
• Hear Fran the applican4. staff.and the public
• Review and discuss ar6Wysis acid staff recofwdation
* Take action on the Zoning Alfas Amendment applPcatlon
Nc�,s f eOa-xo b)
�ondiNons and s�etispac,YPc sEandarads�mposecr in a�andil�al�lslricl shah be
t#njWlb Mow(that addrass the conformance of the devok9ment and usa of Me
slEeralocalgovemmentwJdnances,plans adoptodpursuardtoG.S. 1800-501.or
the rrwacla rwasovatdy expected to be Generated by the devetoPrnent or arse of fhe
aita.,
ORANGE COUNTY
I.,k]FC3]I CAAC}L[[tiA
17
Slide #17
I andan Forest Equity, LLC Rezoning Application
3026 Whitt Cross Rd
Cw0l Bill, NC 27516 I tr�L TM1
8748-#2351 k
Haw River
Ur�robrcEed k6-
ORANGE COUNTY
X)FCf]I C_iROLINA
Slide #18
IandnnFo rest Equi f LLC Rezoning Application
[�{'� } �y�'y+y {/�� �+ �}3f+�026 While Cress Road
Conditional Dist d "���aw.�.xX�lJIV RV141{q�rl+.•
Application.Requirements f
■ Slta speoiflo Aim
• Traffic Survey
it
■ Ew6rommnntai Ass rnenil:
• Lsmclswpe Plan
■ UtiritySeMces Plan
■ midi mI Inf-drrnawn as IdsnuEbed by
Revi•ewingAgenries
ORANGE COUNTY
NC]Wn I CAROLINA
18
Slide #19
G I andon Forest Equity,LLC Rezoning Application
3 02 6 % hItc Cross Fraad
unnw{Np:T�co-M5{]ro•au,T'wFri,
Current Zunins�
Agricultural Residential(AR)
44 pernitted uses
Neighborhood Commercial-2(NC2)
AI permitted uses
Reguested Z❑nine •-�-�
Non-Residential Conditional District
(NR-Ca)
ORANGE COUNTI
.M)M-I I CAJUILI N 5
Taylor Perschau said that there are a total of sixty-four permitted uses in the current zoning
because there is some overlap between Agricultural Residential and Neighborhood Commercial.
Commissioner Fowler asked what the overlapping permitted uses are.
Taylor Perschau said they reviewed it by split zoning and only looked at the light red. She
said that you cannot cross over the permitted uses by color without changing the zoning.
Commissioner Fowler asked what could be done with the property with the existing uses.
Taylor Perschau said that there are forty-four permitted uses in the green area and there
are forty-one in the red area. She said there are sixty-four in total and that there are some that
overlap.
Commissioner Fowler said that would be about twenty uses that overlap.
Taylor Perschau said that is correct.
Slide #20
GlandonForestEquity,LLCRezoningApplieation
3026 White Cross Road
.ti�unFur.esereu5.r+p.mrx+Hgn44+a7}cnrR'.6
Rural Community Activity Node r..
"Land focused an designated road
intersections which serve as nodal
crossroadsfor the suriaundingrural ..
community and is an appropriate location
for any ofthe fallowing uses church,fire
station,small post office,school,or Gthor tr
similarinstitutionalusesandoneormffre .
commercial uses." f
-4;
Future Land Use Map _
— No Proposed Amendment t
ORANGE COUNTY
..NI_)Vf3I CAR.GIANA
19
Taylor Perschau said that retail use fits within the commercial use defined in the Rural
Community Activity Node description.
Slide #21
Giandon Forest Equity, LFG Rezoning Application
3026 White Crass Road
,wo�dle.a.uhatlrV v�1h'.s.r h.'Wwy.o W2
Resource Protection Area +� -
Land containing sen sWve environmental
resources,histo allysignificantsites. f
and jor features considered un build able
because of their unsuitability for J
dewlGpment i
■ Proximity to White Cross School
D"Igextetl In 2055,MMd ort KiAork-
artlElWWrer.Arty cultaral MpintarwA
Applfc�ntlaropoSedGondltion +�
Nort4alew uroftheDurldEntoconuistofaame
maignalstrawmPn-a&prapmS4 Tor Rhetronl �• _. —
bl�ratl0h
'RANGE COUNTY
Taylor Perschau said that the Cultural Resources Coordinator, Peter Sandbeck, said he
had one concern with the application due to location proximity to White Cross School. She said
that in response to that, the applicant developed a condition that they will speak to later on in the
presentation.
Slide #22
itePlan
retail building i i ''`'rt'
WhKe Cross
Intersection AM"
20
Slide #23
Embng Trees A.
Road Frontage Buffer + _
Nelgnboring Rroperth-es -
Buffer - -
.20
i
Slide #24
I andon Forest Eq u i#y, LLC Rezoning Ap plicatio n
302 £ White Cross Road
Pubiic Notif 1 cation Act!ons
1.Mailed Notices
NoLkes were mailed vfa tirst class mall to property owners wlthlrr
1,000 feet of the subject parcei on March 21,2D23.
2.Sign
The subject parcel was posted on March 21,2023.
3.Wabsite Updates
Applleatlon Information has also been posted on the Planning
0epartnient's "Acllve Development Projects" webpage throughout
the review process.
ORANGE COUNTY
.,X)Wn I CAROLINA
21
Slide #25
Applicant Presentation
ORANGE COUNTY
wk1FCf1 I C_iROLINA
Bob Hornik made the following presentation on behalf of the applicant:
Slide #26
Zoning Map Amendment
3026 White Cross Road (NC Highway 54)
From AR and NC-2 to NR-CD
4.83 Acres; PIN 9749-40-2351
Glandon Forest Equity, LLC, Applicant
Bob Hornik said that the retail store will be a Dollar General store, and it will be a new
concept for the retailer. He said there will be more fresh fruits and groceries, along with the dry
goods and personal items that are offered at other stores. He said he estimates the sales tax
revenue to the county will be in the high 6-figures.
� 2 \ ' a �■
� ■ \�� . -���, £
_� -
�!_� 22
Slide #27
, . .
� # � � \ • A A
�.. ' -
-
Bob Hornik said that the red-roofed b . . is the existing structure on the site. He said
that anyone , wants , salvage . structure and . it, they , have it. He . , that this
would be d. - approval but the . . , can be removed.
Slide . ;
' • �« . .
� �
23
Bob Hornik said the new structure will be set back from the road from where the current
structure is. He said that the new structure will be shielded from view from the White Cross School
for the most part. He said that the developer agreed to continue the stone fagade along the
Highway 54 road frontage out of respect for the historical site.
Slide #29
Z4noiing Report
.. _....INF J�•rF-+M1 F••i i �, i-iii i .www�Nr•MFVHwf•�PR—mow.
.•ter ah wek w•n.—.,xl�w M�www.y•��a��
2.7
!•kY•IL�Hf Fw.W rlrl/M iIF» . r....T.. i..i �i •
wy i� y•y +A4�r we•t wir•n i••• �Y•i�u: _ �� •��
w.yi��x.wx l.w.wxw.�iMwi�..�w.�+ Y�L�mJ•w.rvr.�
!N iM�� w41��w rin lLi n�-T,t�.n•}�
-"" WIIrIF•1 tlw••h•o��`�lu1ry�iy�.•t��w w
•4rlwl alww�iFN..w4�5. Y�ww�w•w�~
you YY4.w��.• ++-F "ww
#�rWW.ry r aK W�xr w.�we
�ItYId��V.1'IM+•Mgn F.�•
w�i�Iwo.
ra
wl
Slide #30
24
Bob Hornik said that slide #30 showed how the new structure will look from the road.
Slide #31
--- --YJ - - -= _=
-
_ =�•� ,S—'-T--"�.-..� '�7,.�_T.7�.may...�
Commissioner Fowler asked how many of the trees will be cut down for the new structure.
Bob Hornik said it would only be as many as needed to build the building. He said there
will also be a well and septic that needs to be on the site.
Commissioner Fowler said so there is no condition regarding the trees.
Bob Hornik said no.
Slide #32
25
Bob Hornik said the stone in slide #32 will be the type used in the new structure.
Slide #33
r'6
Bob Hornik said that the above slide showed the light that will be emitted at night by the
store.
Slide #34
APPLICANT'S PROPOSED CONDITIONS
1.Application:Project shall be completed as presented in approved site plan/application packet;
2.Off-Street Parking Requirements:Relief from providing the S4 parking spaces required,conditional
on provision of 34 parking spaces;
3.Driveway Access:Responsive to NC Department of Transportation comments,right turn lane 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 cement fiber,lap siding,trim,crown,frieze,simulated windows,etc.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 cost/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 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 water source 13 acre pond)identified on Orange County PIN 9748.28.3016
26
Slide #35
jo
4 -
4
i
Bob Hornik said that in the photo above he was at the front of the existing building. He
said he was about ten feet from White Cross Road when this photo was taken.
Slide #36
27
Slide #37
Bob Hornik said that in the above slide, White Cross School can be seen in the
background. He said some of the existing vegetation will remain to be a buffer.
Slide #38
k� a"
— id _
. }fir' .� � ,; •� �.����-�i�-ti:. .:e�
Bob Hornik said in the above slide, he was standing looking south of the property.
28
Slide #39
Bob Hornik said that the gas station across the street is owned by a large corporation that
owns gas stations across North Carolina.
Slide #40
Ste.{"- 't :k_Y'FY:i - NJ. r•- 2�'_� �:,;2 : � ..-_
Man
}
Bob Hornik said that the building behind the red car is used by about twelve artists.
Slide29
Slide
Bob Hornik said that this viewfrom •• but panning west.
30
Slide #43
3.
Bob Hornik said that the structure next to the property is an HVAC company.
Slide #44
i
rT �_• ;r�•.
is f�4'F1
aV+I C
rr ,.�+ti4
Bob Hornik said there are non-White Cross owners of several establishments in the area.
He said the above photo shows White Cross School. He said that White Cross School is owned
by Big Show Properties and is not locally owned.
31
Bob Hornik referred to slide #34 again:
APPLICANT'S PROPOSED CONDITIONS
1.Application:Project shall be completed as presented in approved site plan/application packet;
2.Off-Street Parking Requirements:Relief from providing the S4 parking spaces required,conditional
on provision of 34 parking spaces;
3.Driveway Access:Responsive to NC Department of Transportation comments,right turn lane 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 cement fiber,lap siding,trim,crown,frieze,simulated windows,etc.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 cost/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 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 water source(3 acre pond)identified on orange County PIN 9748-28-3016
Bob Hornik said that the property owner got between 63-67 signatures in support of the
rezoning application.
Commissioner Fowler said that she still had questions about the well.
Brent Purdum said the well would be located behind the building in the open field area
closer to Highway 54.
Commissioner Fowler asked how much space was needed for the well.
Brent Purdum said that the well does not require much space. He said the septic field will
be to the south between the parking lot and the new vegetative buffer. He said there is a 100 foot
buffer located at the south side and west side that they are leaving natural. He said there is
another natural buffer along with the north side on Highway 54. He said they would clear up to
those buffer lines.
Commissioner Fowler asked about the frontage on Highway 54
Brent Purdum referred to a previous slide to describe where trees would be left, where
trees would be cleared, and where trees would be planted. He also said there would be shrubbery
included to screen the parking lot. He said that there is a stormwater pond that would be included
for the impervious surfaces.
Commissioner Fowler asked if the turn lane on Highway 54 had room with the stormwater
pond.
Brent Purdum said yes and indicated the turn lane on the slide.
Vice-Chair McKee said there are commercial properties to the north across Hwy 54,
commercial property plus woods on the east, a house to the west, and then the owner's property
to the south. He said he only sees commercial property around this.
Brent Purdum said yes.
Bob Hornik said the site is in a rural community activity node according to the
Comprehensive Plan. He said the proposed use is consistent with the Comprehensive Plan and
the future land use plan.
Vice-Chair McKee said that was why he asked, because he knew it was in the node.
32
Commissioner Richards asked why the zoning change is necessary if the rural activity
node is already there.
Bob Hornik said it was to rezone the entire site to allow commercial development.
Commissioner Richards asked what commercial businesses are around the site.
Bob Hornik said an HVAC company, an artist community, restaurant, two gas stations,
and a market.
Commissioner Fowler said she wanted to know the twenty permitted uses that overlap.
Taylor Perschau said the overlap includes twenty-nine and twelve would require a special
use permit. She said that for the most part, the crossover includes agricultural, recreational,
residential, or institutional uses.
Commissioner Fowler asked if that would be a school or health center or something along
those lines.
Taylor Perschau said yes.
Commissioner Fowler asked if nothing commercial would be allowed as currently zoned.
Taylor Perschau said that she does not believe that the current commercial use that is
proposed would be within one of the service categories.
Cy Stober said that a for-profit institution would be allowed such as a farm centers, home
care facilities, pharmacy facilities, agricultural facilities, or meat processing, but retail
establishments are not permitting in split zoning.
Commissioner Fowler asked if there is any type of retail.
Cy Stober said not in the split zoning.
Commissioner Portie-Ascott asked how long the property has been vacant.
Bob Hornik said Vernon Davis can give the history of the property going back to the 1920s.
He said to Commissioner Fowler one of the benefits to the conditional district is that no other use
can be made without future approval from the Commissioners. He said that removes the sixty-six
uses and changes it only to the approved conditions and uses the Board might decide. He said
that in an earlier version, there was concern among the neighbors that if it remained zoned as
current, then there could be 60-70 uses. He said this application limits the use to one.
Commissioner Fowler asked if it could be any type of retail.
Bob Hornik said yes.
Vernon Davis, the property owner, said the existing building has been deteriorating since
the state moved the structure to accommodate Highway 54. He said they have not used it for
more than storage. He said that the property has been difficult to sell due to current restrictions.
He said that the property is not good for a private house due to being in a business node. He
said that the split zoning has also made it difficult to sell. He said that the septic system has to
be on the property you are using it for, not on an adjacent property. He said that the engineer
and architects have met all of the restrictions that the Planning Board asked. He said he lives
nearby on a family farm and would not impose something on others that would not be in the
character of White Cross. He said he is a farmer, but has other income producing activities. He
said he built the building that currently houses Bravo's Market, near the property proposed to be
rezoned. He said that he is trying to improve the community, not to destroy.
Chair Bedford asked if the driveway will be expanded as well as curbs.
Earl Lewellyn with Kimley-Horn and Associates said it fits within the sixty foot right of way.
Chair Bedford said the traffic analysis seemed straight forward and that even during peak
times it could handle the traffic. She asked if there is any conflict expected with trucks and for
detail on when the delivery trucks would be on site.
Earl Lewellyn said he cannot speak to the absolute time of deliveries.
Bob Hornik said they would try to have deliveries during low-volume hours.
Earl Lewellyn said retailers are concerned with peak operations time and they try to avoid
those. He said the proposed project barely triggers the county's ordinance for a traffic impact
analysis.
33
Commissioner Hamilton asked if he knew how many accidents had been in the area.
Earl Lewellyn said that this project did not include a recommendation from NCDOT to
investigate traffic crashes.
Nishitih Trivedi said there has been analysis of the traffic crashes in the area, but he would
bring it to the BOCC at a later date.
Commissioner Hamilton asked what the peak times are for the retail store.
Earl Lewellyn said that the peak of the adjacent street and trip generation data are included
in the existing traffic counts.
Commissioner Hamilton clarified that she is asking what the peak hours of use are for this
type of commercial use.
Bob Hornik said they do not have that information.
Earl Lewellyn said it is typically from 4 — 6 p.m.
Commissioner Fowler said they are using a 2013 quality level of service from the state of
Florida. She asked if this is a national standard.
Earl Lewellyn said the manual they are using is more accurate. He said there are more
definitive ways to define capacity for a variety of roads
Commissioner Fowler asked if it is very different from the State of North Carolina's manual
Earl Lewellyn said no, but that it is better and more distinct.
Cy Stober resumed the Planning staff's presentation:
Slide #45
Counter Roles for Review Process
• Determine appllcalimon complemness and analyze proposed Zcmkng Atlas Amendment
with CompretlensNe Pilan
* Planning 01reator Recommendation
* Hear from the applicant, stall.and the public
• Review arad discuss amallyrsis afrd sfa(f recownendation
* Recommend approval or denlat to Board of Counly Cornmias10ners
• Recommended Denial by a 7-3 Vote
+ Board of County Com ni m i Eis ioners
•Sghedute and hold pubk bearing to reoebre appkaliion
•Fbear from the a9p`canl.staff.end the publio
*Revlaw and dwtAss analysls and mcommenda ions from staff and Plarrrlr Board
•Cloiw pink hear:n
ORANGE COUNTY
NURT]I CAR01-LNA
34
Slide #27
Staff Analysisand Reoomunendation
• The proposal is consistent with the allowed zoning districts for
the Comprehensive Plan's Rural CDrnrnunity Activity Lode.
The Comprehensive Plan°s Rural Community Aadvilty Nude is
land designated in the Comprehensive Plan that is focused an
designated road intorseCUM which serve as a nodal
crossroads for the surrounding rural community and is are
appropriate location for any of the following: church, fire
station, small post office, school, or otter similar institutional
uses and one or more corn mercial uses.
GRAN F CCAPFi Y
.It 3RJ I I, ._j-.1
Slide #28
Staff Analysisand Recommendation
• Planning Director recommends approval at the NR-CD zoning
application, as presented.
Planning Director recommends ypp�P�rai of:
— The Statement of Consisteng that the amendments are reasonable,in
the public interest,and serve Land Use Goal 6 (Attachment 7); and
— The proposed ordinance to amend th-e Unified Development Ord inance
and Zoning Atlas{Attachment$}.
35
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 Plan, based on:
— Subverting the limitations on€inirnercial uses in rural activity nodes;
— Inconsistency with the White Cross rural activity node;and
— Inconsisteneywith the White Cross School Resource Protection Area
RANGE COUNTY
*a}In I CAR1:>LINA
Chair Bedford asked if the twenty acres is cumulative for limiting commercial use.
Cy Stober said it is 10 acres for local commercial and 10 acres for neighborhood
commercial, for an aggregate of 20 acres gross.
Chair Bedford asked what defines an area.
Cy Stober said a radius of rural community activity.
Slide #30
Recommendation forTonight
The Manager recommends the Board:
• Receive the rezoning application;
• Consider the Planning Director's and Planning Board's
recommendatiGns;
• Conduct the Public Hearing and accept public comment;
• Deliberate on the propasaf, as desired; and
• Take Action Note To Appravc or ben on the Statement of
Consistency [AUach_ment 7) and the proposed ordinance
(Attaghment 8
— Vote to Deny must be based on a stated rationale
ORANGE COUNTY
u)Kn I CAROLINA
36
Slide #31
Recommendation forTonight
• Vote To rove or Deny the Statement of Consistency
(Attachment 71 and the proposed ordinance (Attachment 81
- WK4n adoptlrrg or reJectirrg any inning text or map amendment, thrc
JComrmdasic,iers]shall approve a brief stateake,nI Describing whiter Fts action Is
oonslstant or Ine6nslsterrl wllh an adopted oomprehe,tedw or land-us* plan-
- when adoptlrbg or rejecting any petition for a zoning map amendment, a
slatement analyzbng the rtasonadleness of the propped reznning sha3l be
approved by the g veming hoard- Thls stattment of reammab3eness may
consider. ,
(G)tM size,physical conaibcos, and outer attributes of the area proposedt to to
rezoned,
(i1)the benefits and dibthments to the landowners, the neighbors, and the
surrounding community-
(iiil the relalbwship between the current actual-and permissible d_-uelopanenf
on the Iract and adJorniMg areas and the dew merit that woLM be
permissible under the proposed amendment;
(N)whey mo aatlon taken is in the public tnteresl�and
(v)any cban!;ed con0iiicn5 warraflting the 9ww&wrtt, QRf1hlGE COUNTY
h#CCS 1600-605 ,X)FCF]I CARDLENA
Commissioner Fowler asked which is correct, the 7-3 vote or the 9-3 vote as reflected in
the minutes.
Cy Stober said the 9-3 is correct.
Commissioner Richards referred slide #21 and asked about the green rectangle at the
bottom.
Cy Stober said that is a stormwater buffer.
Commissioner Richards asked for clarification on the planning board's recommendation
on subverting commercial uses in rural activity nodes.
Cy Stober referred to the radius identified on slide #20 and the gross allotment of twenty
acres that can be zoned commercial in that area. He said the non-residential conditional district
is not subject to that limit and the Planning Board felt this could subvert the direction of the
Comprehensive Plan by allowing more than twenty acres of gross commercial. He said that the
4.3 acres if rezoned would not approach the threshold.
Commissioner Richards said that is what is confusing her because 4.8 does not seem like
it would push it over.
Cy Stober said even if were included it would not cross the threshold.
Commissioner Richards asked if the Planning Board thought it might.
Cy Stober said it was a philosophical discussion and their recommendation to the
commissioners would be that it is addressed and included in the Comprehensive Plan.
Commissioner Richards asked if they are requesting that it be applied to this application
or included when they update the Comprehensive Plan.
Cy Stober said they would like the Board to apply that to the application.
Commissioner Richards said even though it is not currently in the plan.
Cy Stober said that was correct.
Commissioner Fowler made a motion to open the public hearing, seconded by Vice-Chair
McKee.
37
VOTE: UNANIMOUS
PUBLIC COMMENT:
Camille Mikkelson said she uses Highway 54 to commute to Chapel Hill. She said she
would not like to have a Dollar General on the property or any other retailer. She said she did not
want Bravo's Market to be put out of business by a corporate entity. She said that she does not
think the economic boon of the store would benefit the community long term.
Bob Johnson said he has lived in Bingham Township for 60 years. He said the building
has been vacant for decades. He said that the building being zoned residential does not make
sense. He said that rezoning for a Dollar General is a terrible idea. He said that in places that
are true food deserts, a Dollar General makes sense. He said the developer wants the Board to
focus on the rezoning and not on the fact that this is a Dollar General. He said as much as the
parcel needs to be rezoned it does not need to be a Dollar General. He said that White Cross
needs better.
Robin Veil said she knows of several accidents in the location. She said she is very
concerned about traffic safety in the area. She said there are locally owned properties and
businesses in the area. She said there is an antiques store, a woodshop and an artist gallery,
Bravo's Market, and the Fiesta Grill. She said that the White Cross community supports those
businesses. She said the White Cross community does not need a box store with a proven record
of poor wages, minimal staffing, countless OSHA violations, and moving into areas and putting
local businesses out of business. She said there are 997 Dollar Generals in the state of North
Carolina. She asked the Board to not approve this rezoning.
Vernon Davis waived his time to speak.
Preston Mason said he is a resident of White Cross and that his residence will be closest
to the Dollar General. He said he is in favor of the proposal. He said they supply items that would
benefit the residents. He said they sell goods like school supplies, clothes for church plays, or
wipes and diapers for young children. He said having the ability to purchase these things close
to home would be tremendous. He said he also shops at Bravo's Market. He said the goods that
they carry are not carried by Dollar General. He said that this would allow more time at home and
less time on the road. He said the size of the building fits into the community character. He said
the traffic study shows the traffic won't be impacted. He said that there are other structures that
are of a similar size to the Dollar General. He said that the Planning Staff has gone to great
lengths to make sure that the proposal is consistent with the Comprehensive Plan. He said that
Dollar General has met all of the recommendations of the planning staff. He said that he strongly
encourages the Board to approve.
Rob Jamison said he said when he first moved to the area last year. He said he is building
about two thousand feet up the road from the proposed site. He said he was surprised how far
they had to drive for necessary items. He said the area does feel like a food desert. He said was
in favor of the proposal. He said he is not concerned about the traffic, because the traffic is
already bad. He said that a few people going to Dollar General will not make a difference but he
hopes Hwy 54 traffic is addressed in a separate project.
Virginia Ferguson said she has been a White Cross resident for most of her life. She said
she appreciates the extent that the Planning Department did their due diligence and their
consideration of the land use plans. She said that they ultimately presented a good and complete
plan. She said that this request would lead to the most restricted use and she feels that is
necessary. She said the land use proposed is consistent with the plan that the Board has
developed. She said it is about the use of the land, not the user. She said she believes strongly
in individual property owner's rights to do what they want with their land. She said there has been
a lot of growth and there has been little approved to accommodate retail needs. She said that it
makes business and development sense. She said that it will increase property tax revenues from
$2,800 a year to over$10,000. She said the Dollar General will provide an assortment of grocery
38
items that are not currently available. She thanked the developer and the Board and asked them
to support the proposal.
Marita Matigue waived her time to speak.
Carol Rigsbee said she owned the property across from the parcel. She said she supports
the first four paragraphs of the rezoning to commercial. She said it will make it more usable and
bring in more tax money.
James Davis said he has spent most of his life in the White Cross area and lived there for
75 years. He said his family has been in the area since the 1800s. He said he has seen change
and it predominantly has been positive and beneficial. He said this change will be beneficial and
will give a wider variety of goods available. He said it will not put people out of business. He said
he had a small cattle farm down the street, which he believes will not be negatively impacted by
the rezoning. He asked the Board to approve the rezoning.
Marvin Davis said he has lived in White Cross for 21 years, has owned property, and
graduated from the Orange High School. He said he served as a city manager throughout North
Carolina for 35 years. He said that Bingham Township is growing, and the request is to meet the
needs of a growing community. He said that he feels this application does just that. He said the
census shows a growth of 13% over 20 years in the area. He said that population is about 71%
of the population of Hillsborough. He said the economic investment will serve as a retail option
for the 6,972 persons for goods they currently cannot get in White Cross. He said that businesses
have separated and occurred in a reasonable way. He said that there is about a 6-9 year
separation between the businesses and has served the community. He said the professional
planning staff has recommended it and he encourages them to approve it.
Amanda Griffin said she lives in White Cross. She said there are seven homes on her
street and she is representing several neighbors. She said they are concerned about the
application. She said this structure would be the largest structure in the area and almost four
Bravo's Markets would fit in the building. She said that they feel this application does not conform
to the Comprehensive Plan. She said that it allows them to circumvent the commercial maximum
acreage. She said that her area is supposed to only have 20 acres of commercial available and
that this puts it at 24.3 commercial acres because they are outside of the 20 acre maximum with
this rezoning. She said that it sets a dangerous precedent. She said if developers can get
conditional zoning approved then what is the point of the limited commercial nodes at all. She
asked the Board to deny the application.
John Griffin said rural Orange County remains a sanctuary from the suburban sprawl from
the Triangle. He said that the 2030 Comprehensive Plan speaks to maintaining this. He said that
every neighboring county is saturated with Dollar Generals at intersections. He said Orange
County has none. He said this would set a precedent for rural Orange County. He said there is a
ton of literature from across the country that speaks to the social and economic costs of corporate
box retail. He said they offer non nutritious processed foods, low pay, single use products that fill
the landfill, and a heightened opportunity for armed robbery. He implored the Board to join the
Planning Board's rejection and vote against oversized, out of character, and predatory retail in
Orange County.
Lynne Jaffe said she had been living and working in Orange County for 40 years. She
said that the word rural becomes less meaningful, with constant pushing. She said she doesn't
have a problem with inviting retail to the area but she has one with Dollar General. She said it is
not a good business to invite into the community for all of the reasons that have been stated. She
said there is a Dollar Store and a Food Lion right down the street. She said the idea of
convenience for a few items will devour the county if they keep saying yes. She said that this is
not the best option for White Cross.
Cory Oliver said he has lived in the White Cross area for 6 years. He said White Cross
has some businesses and resources that his family supports, but they must go 8-12 miles to get
groceries. He said they must go to Mebane, Eli Whitney, and Pittsboro to get goods. He said
39
having a retailer such as Dollar General is easy and convenient. He said it would lessen the travel
consumption and support the residents. He said that He said he supports the community, but he
feels that this would be good for them and would help access to items needed for fellowship and
his job as a minister, while limiting the travel time.
Kathy Tommerlahl said she has resided in White Cross for 40 years. She said that part
of the beauty of living in White Cross is there are not retail stores with large parking lots. She
asked the Board to keep it one of the gems of Orange County.
Katie Engel said she has lived in Orange County for 4 years. She said they moved from
out of state and when deciding where to buy land, they chose Orange County after familiarizing
themselves with the surrounding area. She said there are tons of Dollar Generals in Chatham
County and that it feels completely different and that is why they chose Orange County. She said
that this is not about feeling, it is about the fit of the area and the need. She said that it is small
local businesses now and that this change is random and sets a precedent. She said the
application represents a lot of time and money. She said the first time the rezoning was denied,
and this time again the Planning Board recommended denial. She said that Bingham Township
is growing and that can be very beneficial for Orange County if it's done correctly. She said they
will be hurting themselves long term if they start with the bottom of the barrel. She said the
developer is putting time into the application because they know there is money to be made. She
said the county should make sure that it is done right and it is the best fit. She asked them to deny
the application.
Anndal Narayanan said he has lived in Orange County for 13 years and has lived in White
Cross for 3 years. He said he was speaking on behalf of several neighbors. He said his house is
8 minutes from the parcel in question. He asked the Board to uphold the Planning Board's
recommendation to deny the rezoning. He said he supports Fiesta Grill restaurant, Bravo's
Market and the other local stores and values being able to keep his dollars in the county. He said
Dollar General would harm the local businesses in place. He said he would not spend a cent in
Dollar General. He said that allowing a Dollar General would let other similar predatory stores to
do the same. He said everyone has seen what Dollar General has does to rural communities. He
asked them to deny the request and keep White Cross special.
Kevin Reese said he lives in White Cross and commutes to Greensboro. He said he has
a unique perspective on traffic on Hwy 54. He said traffic going east into Chapel Hill is
astonishing. He said the Dobson Crossroads and Saxapahaw lights are backed up several cycles.
He said it is an unstable equilibrium and easily upset if something happens. He said the White
Cross community is showing up for the third time to object to this development. He asked the
Board to protect the community of local businesses.
Jesus Bravo owns Fiesta Grill and Bravo's Market. He said they did a survey before
building Bravo's. He said they talked to local farmers and vendors and they supported him to
make it come true. He said that the Dollar Store does not care about local businesses or the
community. He said they do not care about the negative effects. He said he hopes the project will
be denied.
Laura Streitfeld said she is a resident of Bingham Township. She said she is against the
proposal. She said that the developer raises more questions than answers. She said it is not a
food desert in White Cross. She said she sympathizes with the property owner but that is a
property with over an acre to use as a business. She asked the Board to not approve something
that the Planning Board twice rejected. She said it is not consistent with Comprehensive Plan.
She said that it is not clear that it fulfills a community need. She said they moved to where they
are understanding that it is not a walkable area. She said they expect to drive for their goods. She
said this is not small scale as referenced in the rural node.
Vice-Chair McKee made a motion to close the public hearing, seconded by Commissioner
Hamilton.
40
VOTE: UNANIMOUS
Commissioner Richards asked to review the Planning Board's recommendation. She said
she wanted to understand if they were incorporating things that are in the plan, or things that they
wish were in the plan.
Cy Stober said the land consumption is under twenty acres even if this is approved.
Commissioner Richards asked if it would take it over twenty acres.
Cy Stober said there would still be less than 20 acres commercial.
Commissioner Richards clarified that "inconsistent with the White Cross activity node" is
the same as the "rural node."
Cy Stober said yes.
Commissioner Richards asked what it means when the language is specific to the White
Cross activity node.
Cy Stober said he believes that is about the rural character of the area. He said they also
talked about architectural form and the footprint of the building.
Commissioner Richards said the LIDO talks about preserving the community and rural
character and asked if that is what it is alluding to.
Cy Stober referenced the description in slide #20 for"Rural Community Activity Nodes."
Commissioner Richards said the UDO references one or more commercial uses as an
allowed use in that location.
Cy Stober said yes.
Commissioner Richards asked about the final reason for the Planning Board
recommending denial.
Cy Stober said it had to do with the proximity to the White Cross School and the concern
that the retail store's architecture would be incompatible to the historic property.
Commissioner Richards asked what the applicant's response to that included.
Cy Stober said they would wrap the building fagade. He said there would be no vinyl
showing.
Vice-Chair McKee said he believes there is also tree cover.
Cy Stober said yes.
Vice-Chair McKee said he shops at a Dollar General in Holly Springs and he believes that
the traffic is maybe 8-16 cars at any particular time. He said that with the addition of the turn lane
he does not think it will be imposing on the traffic. He said that Highway 54 is a major thoroughfare,
which is being studied to be a four lane highway, complete with traffic signals. He said that would
alleviate some of the long waits at the intersection. He said that the Board cannot consider who
the retailer is, but they have to consider the use. He said every one of the buildings in the vicinity
are commercial buildings. He said these commercial nodes were put in place because there was
a need for commercial development in the county. He said he lives in Caldwell, where there is
one store, and for anything else they have to drive 10 miles. He said there is a store in a
commercial node that is or approached 10,000 square feet in a node. He said he does not think
there is a limit on size in the commercial nodes. He said the Board of Commissioners previously
had the attitude that Orange County would not be commercial. He said this caused the tax burden
to fall directly on the owners. He said this is extremely a big deal to those living paycheck to
paycheck. He said that 70% of the tax base comes from homes and this has driven the lower
wealth residents out. He said he ran for three reasons, improvement of schools, improvement of
public services like the Sheriff's Office, and increased economic development to alleviate the
burden on property owners. He said this will change White Cross, but change is inevitable. He
said that it is compatible with the surrounding area.
Chair Bedford asked the County Attorney, John Roberts to confirm the decision they are
making and if they can consider the brand of the store.
41
John Roberts said that Vice-Chair McKee was correct, they could not consider a specific
business or owner.
Commissioner Hamilton said she wanted to understand the 20 acre issue.
Cy Stober said there are three commercial zones but the two that are present are local
commercial and neighborhood commercial. He said general commercial would be inappropriate
due to the types of uses.
Commissioner Hamilton said ten acres of local and ten acres of neighborhood are
permitted in the plan. She asked if there is currently land zoned that way.
Cy Stober said yes. He said in 2008 when it was approved that acre threshold applied to
the use and not to the total property acreage. He said it has now been interpreted to include the
entire property and this is a change in interpretation.
Commissioner Hamilton said even if you add the proposed acreage, it will be over twenty.
Cy Stober said no, that they are under twenty currently.
Commissioner Hamilton said there could be other properties that could be zoned that way.
Cy Stober referred to the map on slide #19 and said yes that those would apply to the
properties shown.
Commissioner Hamilton said the point the Planning Board is making is that given that
potentially there is less than 20 acres zoned that way, others could be. She said with the addition
of the conditional zoning, it would be twenty-four acres or even more if more conditional zoning
applications are approved.
Cy Stober said that was correct as currently written but could be amended.
Commissioner Richards said this is hypothetical.
Commissioner Hamilton said it is not hypothetical, under current regulations, it could be
more than twenty acres.
Commissioner Richards said that would be considered at the time and the Board would
have to say that it was over twenty acres.
Commissioner Hamilton said it is not clear they would have the limit to deny it for that
reason.
John Roberts asked for clarification, if Commissioner Hamilton was asking about a
potential future denial.
Commissioner Hamilton said it is her position that they would have difficulty denying it
based on the acreage.
Commissioner Greene said she understood where Commissioner Hamilton was coming
from and what the Planning Board was getting at. She said she believes it is not consistent with
the Comprehensive Plan and land use goal#3. She read from the plan and discussed the intention
of reducing traffic. She said she felt this was consistent with a strip development and is not
walkable and not consistent with walkable developments and away from sprawl.
Commissioner Fowler said she appreciated the work done by the applicant and Planning
staff. She said that after careful consideration, she plans to decline because she feels it does not
carry out the interest and purpose of the Comprehensive Plan and does not seem to be necessary
for public health, safety, and welfare and actually has the opposite effect.
Vice-Chair McKee said he understood Commissioner Greene and Commissioner Fowler's
comments but he does not agree with them. He said the area is not walkable, and will not be
walkable in the foreseeable future. He said it is a not an issue they should be looking at. He said
waiting for something better to come along speaks to the proposed user. He said the proposed
user has a reputation and he agrees with some of the criticisms. He said some Dollar Generals
are not well-managed. He said that some are nicer than Walmart. He said he cannot agree with
the limitation on acreage. He said they should ask if it is consistent with the area. He said there
are no homes within the sight-line. He said there are designated areas along 185 and 140 for major
development. He said he was supportive of the proposal.
42
Commissioner Portie-Ascott thanked the public for their comments. She said she went to
the area to understand it better. She said after listening to the presentations and comment, she
thought it was interesting. She thought the proposal was consistent with the community and they
cannot consider the tenant. She said she was supportive of the proposed rezoning.
Commissioner Hamilton said she reviewed the Comprehensive Plan and found there is
latitude for the elected officials to determine what it means. She said the project is not consistent
with principles 5 and 7. She said it would undermine economic diversity and would not preserve
the rural character. She said it is not consistent with the Comprehensive Plan and will not support
it.
Commissioner Greene said the 2008 plan said to do better. She said it asked for
commercial development to be walkable and not in a strip style development. She said that if they
make an exception here and then again later, they would not be following the Comprehensive
Plan.
Vice-Chair McKee said this area is one of those areas designated by the plan. He said
there is nothing in any ordinance or plan that is sacrosanct. He said they have made changes
during his time on the Board. He said if they lock in something that was approved earlier and
they decide that it is sacrosanct, it further turns Orange County into a gated community for those
with the wealth and means to live here and continues to exclude those with lower wealth that can't
pay the tax burden that falls almost entirely on homes.
Chair Bedford said she looked up what the zoning definition really means. She said that it
would generally would not serve persons or commuters out of the neighborhood. She said she
listened carefully to the other commissioners and the public, read the slides, and is not concerned
about the impact of traffic on Highway 54 by the project. She said she studied the conditions and
felt they improved the project. She said overall this is a land use decision, and they do not choose
between specific preferences, for example between Barnes and Noble versus a locally owned
book store. She said that many of the arguments made by the public do not apply, because they
do not pertain to land use. She said this would be a good fit as it pertains to land use. She said
the first principle is the efficient and responsible provision of public services and that that it is not
really applicable. She said the second is sustainable growth and development and that should
occur in a pattern and location that is sustainable. She said that NC2 zoning is a good fit for this
area. She said the third principle is lower energy consumption, air quality protection, and the traffic
is not impacted, so that is not impacted significantly. She said the fourth guiding principle is
preserving special sensitive areas and this is not applicable here because they are not cutting
down old-growth hardwoods. She said the fifth is the principle of rural land use patterns. She said
she thinks this one is very important and that she agrees with the Planning Board on the
surpassing of the 20 acre limit. She said this project would not put it over twenty acres, and they
cannot look to the future. She said that water resource preservation is the sixth guiding principle
and that they are using a well and will have a septic tank so that is all fine. She said that number
seven is promotion of economic prosperity and diversity. She said that tax revenues could
contribute to prosperity. She said there are already commercial businesses there and that she
does not think this really adds to diversity. She said the last guiding principle is preservation of
community character. She said it is hard to argue that a retail store would do that. She said she
does not think it will fit. She said that she feels it is inconsistent with the Comprehensive Plan and
that the current zoning is appropriate.
Commissioner Fowler said she wanted to make a motion to deny the application.
Chair Bedford said that she needed to say more in her motion about the denial.
Commissioner Fowler said she previously outlined that she thought it was inconsistent
with the Comprehensive Plan. She asked if she needed to repeat everything she said previously.
John Roberts said yes; he had heard several Board members talk about inconsistencies
with the Comprehensive Plan. He said that if that is the rationale they are using for their motion,
then yes. He said if they have rationales of inconsistency, they must state them.
43
Vice-Chair McKee added that it should be in specific detail.
John Roberts said as specific as possible would be helpful.
Commissioner Fowler said it goes against the concept of community building as a first
priority, and against the citizen concerns in preserving the county's rural landscape, natural and
cultural resources, and furthermore does not address any error in the county's zoning atlas and
is not necessary for public health, safety, or general welfare.
Chair Bedford said that Commissioner Fowler said prior that it was inconsistent with the
Comprehensive Plan.
Commissioner Fowler said that was correct.
John Roberts asked Commissioner Fowler to specifically say that it is inconsistent with
the Comprehensive Plan as part of the motion.
Commissioner Fowler said that the first part of her motion she wanted to deny the
application because it is inconsistent with the Comprehensive Plan based on the things she had
stated twice.
Commissioner Greene seconded the motion, but asked to offer a friendly amendment to
add other inconsistencies with the Comprehensive Plan, specifically the ones Commissioner
Greene had mentioned which were land use goal three which involves the county's goal to limit
sprawl and the county's goal to encourage walkable development and not strip development. She
said that Chair Bedford had also added inconsistencies.
Chair Bedford said it was principles 5, 7, and 8 of the Comprehensive Plan.
Commissioner Greene said she wanted to incorporate those reasons and asked Chair
Bedford to repeat them.
Chair Bedford asked for clarification that this was an amendment and not a drafting of a
statement.
Commissioner Greene said she was offering a friendly amendment to Commissioner
Fowler's motion and wanted Chair Bedford's input.
Chair Bedford said it is inconsistent with the Comprehensive Plan and in conflict and
inconsistent with the guiding principles 5, 7, and 8, and does not promote public health, safety,
and general welfare.
Commissioner Greene asked if Commissioner Fowler accepted those amendments.
Commissioner Fowler accepted the amendments to motion.
Vice-Chair McKee said the landowner is caught in a catch-22 and the fact that it is split
zoned along with the setbacks makes it useless. He asked staff to look into other parcels that
might be split-zoned because he wants to make sure this does not repeat. He said that the Board
has repeatedly been told to follow the advice of experts and staff. He said staff has repeatedly
said this is consistent and that the Board should follow the direction of staff.
Commissioner Fowler said they were split zoned because it was several different parcels
that were joined together to create this project.
Vice-Chair McKee said this is a no-win for the owner and in his mind creates a property
rights issue.
Commissioner Richards said she has not shopped at Walmart in 20 years and tries not to
support Amazon as an entity. She said she had to separate the land use zoning issue from the
business and that she also has a lot of feelings about labor practices. She said she had looked at
the zoning and how it was being used. She said she attended the community meeting and tried
to talk all of that out and review it as a land use question. She said it looks to her like it meets the
requirements for the change. She said it is a difficult decision, but she believes the evidence is
there.
Commissioner Portie-Ascott said that this is a very complex issue, especially being new.
She said she read the minutes from the Planning Board and picked up on the property owner's
comments on how he feels boxed in and having property that he is limited with what he can do
with it. She said that sitting in her role, she said it feels like they created this problem for the
44
property owner. She said their charge is to think about the land use and not the tenant. She said
she is trusting the Planning Director and staff and that the proposal met what was asked.
Commissioner Greene called the question for the Board to vote on the motion on the floor.
VOTE: Ayes, 4 (Chair Bedford, Commissioner Fowler, Commissioner Hamilton, and
Commissioner Greene)
Nays, 3 (Commissioner Portie-Ascott, Vice-Chair McKee, and Commissioner
Richards)
MOTION PASSES
6. Regular Agenda
a. Presentation of Manaqer's Recommended FY 2023-33 Capital Investment Plan (CIP)
Due to the late hour and the length of the business meeting, the County Manager suggested
delaying the CIP presentation until the April 11, 2023 Budget Work Session. The Board agreed
with the County Manager's suggestion.
7. Reports
None.
8. Consent Agenda
• Removal of Any Items from Consent Agenda
• Approval of Remaining Consent Agenda
• Discussion and Approval of the Items Removed from the Consent Agenda
A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to
approve the consent agenda.
VOTE: UNANIMOUS
a. Minutes
The Board approved the draft minutes for the February 21, 2023 BOCC Meeting, February 24,
2023 BOCC Retreat, and February 27, 2023 Legislative Breakfast as submitted by the Clerk to
the Board.
b. Motor Vehicle Property Tax Releases/Refunds
The Board adopted a resolution to release motor vehicle property tax values for three (3)
taxpayers with a total of three (3) bills that will result in a reduction of revenue.
c. Property Tax Releases/Refunds
The Board adopted a resolution to release property tax values for nine (9) taxpayers with a total
of ten (10) bills that will result in a reduction of revenue.
d. Late Applications for Property Tax Exemption/Exclusion
The Board approved one (1) untimely application for exemption/exclusion from ad valorem
taxation for one (1) bill for the 2022 tax year.
e. Appointment of Four (4) Deputy Tax Collectors
The Board reappointed Valerie Curry, Bernice Gwynn, Tonya Smith, and Brandy Prince as Deputy
Tax Collectors for four-year terms, effective July 1, 2023.
45
f. Native Plant Month Proclamation
The Board approved a proclamation designating April 2023 as Native Plant Month in Orange
County.
g. Expansion of Duke Energy Utility Easement at Gravely Hill Middle School
The Board approved and authorized the County Manager to sign an agreement upon final review
of the County Attorney expanding an existing Duke Energy utility easement at Gravely Hill Middle
School allowing Duke Energy to build a new 100kV transmission line.
h. Proposed Sale of 0.45 Acre Property, PIN #0900832203, Hillsborough
The Board approved the sale of a 0.45 acre County-owned property, PIN #0900832203, located
in Hillsborough, and approved a resolution authorizing its sale through an upset bid process.
i. Contract Renewal with NWN for Varonis File Server and Active Directory Protection
The Board approved and authorized the Manager to sign a three year renewal contract with NWN
to continue licensing and support for Varonis, a software system which provides protection and
the ability to audit County file systems and authentication mechanisms.
j. Approval of In-County Travel Allowance for Orange County Schools Board of Education
Members
The Board adopted a resolution approving a monthly in-county travel allowance for members of
the Orange County Schools (OCS) Board of Education.
k. Resolution Supporting Legislation to Reclassify Telecommunicators
The Board adopted a resolution supporting the National Reclassification of 9-1-1
Telecommunicators from"Office and Administrative Support"to"Protective Service Occupations."
I. Approval of Financing Arrangements for Efland Volunteer Fire Department for
Renovation of Fire Station #1
The Board approved the Efland Volunteer Fire Department (EVFD) entering into a financing
arrangement to renovate Efland Fire Station #1, and authorized the Board of Commissioners'
Chair to sign the appropriate documents related to the financing arrangements.
9. County Manager's Report
Bonnie Hammersley said the CIP will be presented on April 11th. She said they have the
agenda in front of them for April 11 th. She said the binder is also available and asked them to
bring that with them to the meeting. She said there is no requirement to do the presentation during
a business meeting.
10. County Attorney's Report
John Roberts said today was the filing deadline for the Senate. He said after the filing
deadline, they're usually aren't public bills to come through but there are ways around that if they
want. The said there is still two more weeks for the House deadline and the crossover deadline
is May 4th. He said that Senator Graig Meyer filed the appeal for the dangerous dog designation,
and he will have a full report at a future date.
11. *Appointments
None.
12. Information Items
• Tax Collector's Report— Numerical Analysis
• Tax Collector's Report— Measure of Enforced Collections
• Tax Assessor's Report— Releases/Refunds under$100
• Memorandum — Eno-New Hope Landscape Conservation Group - Strategic Action Plan
• Memorandum — US 70 Multimodal Corridor Study
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13. Closed Session
None.
14. Adjournment
A motion was made by Vice-Chair McKee and seconded by Commissioner Fowler to
adjourn the meeting at 10:16 p.m.
VOTE: UNANIMOUS
Jamezetta Bedford, Chair
Laura Jensen
Clerk to the Board
Submitted for approval by Laura Jensen, Clerk to the Board.