HomeMy WebLinkAboutMinutes-05-02-2023-Business Meeting 1
APPROVED 6/20/23
MINUTES
ORANGE COUNTY
BOARD OF COMMISSIONERS
BUSINESS MEETING
May 2, 2023
7:00 p.m.
The Orange County Board of Commissioners met for a Business Meeting on Tuesday, May 2,
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
Chair Bedford dispensed with reading the public charge.
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 Portie-Ascott said she is finishing up her meetings with all county
department heads and touring county buildings. Since the last meeting, she said she met with the
Tax Department, Finance, Social Services, the Health Department, Animal Services, and the
Chapel Hill Orange County Visitors Bureau. She said the Visitor's Bureau staff shared that they
have contributed to raising their revenue by 40% and bringing in over 2.5 million visitors to Orange
County in the last year. She said she attended a community conversation on drug trends in
Orange County hosted by the Orange Partnership for Alcohol and Drug Free Youth and the
Orange County Sheriff's Office. She said drugs are showing up across the county in the form of
gummies, vapes, and drinks that resemble other soft drinks. She said there were several
community members at the meeting who requested more community conversations on this topic.
Commissioner Hamilton said the Schools Safety Task Force met on April 27t"and received
information on the legal issues regarding school safety with the County Attorney and UNC Law
Professor Papandrea who talked about the first amendment in education. She said it was very
helpful to understand what can be done legally. She said there is also an upcoming meeting of
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the Alliance Health Board of Directors, and she looks forward to hearing how they will continue to
serve the most vulnerable county residents.
Commissioner Fowler recognized the two proclamations on the consent agenda:
Recognition of Child Care Work Appreciation Day, and Mental Health Awareness Month. She
said they will not be read aloud tonight due to the packed agenda, but are available to read in the
agenda packet. She recognized the importance of early childhood care providers to the health,
safety, and development of children, as well as to the local economy as it allows parents of young
children to join the workforce. She said even though we are coming out of the pandemic, there
continues to be a significant number of people experiencing mental health challenges. She
thanked partners in the county and the schools, as well as Alliance Health for their work to improve
mental health care in Orange County. She encouraged anyone experiencing mental health issues
to reach out to their provider, Alliance Health, or to call 9-8-8. She announced her attendance at
the Chamber of Commerce event last week where each of the county and towns' Economic
Development directors presented current development in the county.
Chair Bedford said the other proclamation on the consent agenda is to recognize Older
Americans Month. She said people age differently and there is a growing population of seniors in
Orange County and she appreciates their contributions. She said there is a pilot expanding to
Orange County through Alliance Health that will work with residents with traumatic brain injuries.
She said there will be more news to follow on that.
Vice-Chair McKee had no comments.
Commissioner Richards thanked Commissioner Fowler and Chair Bedford for recognizing
the proclamations on the consent agenda. She said she continues to work with the Orange
Partnership for Young Children, and will be meeting with staff this week on some follow up on a
the Board's petition to increase the availability of childcare and use the slots the county currently
has. She thanked child care workers across the county. She also announced that it is Teacher
Appreciation Day, and thanked educators in Orange County and expressed how important
teachers are to educating children and said they deserve every bit of appreciation and more. She
praised the Orange County Economic Development staff for their presentation at the event
Commissioner Fowler mentioned. She shared that she also attended an arts competition on
Sunday hosted by the Partnership for Young Children for participants under 5 years old. She said
the youngest winner was 9 months old. The art of the winners will be displayed across the county
for the next year.
Vice-Chair McKee recognized Orange Grove Fire Department for their 5011 Anniversary
event over the weekend.
Commissioner Greene said she attended the Orange County Community Remembrance
Coalition's Soil Collection Ceremony on Saturday at the Battle Courtroom. She said it was a very
moving experience to honor five victims of lynching in Orange County in a very palpable way by
placing soil from where they were lynched into two big jars. She said one will go to the Lynching
Museum in Montgomery, Alabama sponsored by the Equal Justice Initiative, and the other will
stay in Orange County. She said the Community Remembrance Coalition will have another event
this coming Saturday also at the Battle Courtroom, which will be a panel discussion of Albion
Tourgee, an important figure who touched ground in Orange County.
Commissioner Greene said GoTriangle met last week and discussed when/if to re-
introduce fares. She said she thinks, whatever is decided, surrounding public transportation
entities should remain coordinated and consistent. She said she has also been attending the
meetings discussing transitioning UNC Chapel Hill from its reliance on coal that has involved
Senator Meyer and his office, UNC's Sustainability Office, Carrboro, Chapel Hill, some UNC
students, and others. She said UNC is very interested in these discussions. She said two studies
will be done—one funded by UNC about what it would really look like to transition off of coal. She
said the other study would involve Orange County because it plans for the going away of the rail
line that brings the coal through Orange County onto campus. She said it will look into the
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possibility for a rails to trails project, land use possibilities for Carrboro and Orange County. She
said to get the second study off the ground, this group is asking for a total of $40,000, with a
commitment of $10,000 already from SELC, as well as soft commitments from Carrboro and
Chapel Hill. She said the same will be asked of Orange County to help hire a consultant to plan
the planning process. She said the Board will need to discuss this as well as a longer discussion
about involvement in the process of getting off of coal and changing the land use.
Chair Bedford said there may need to be a work session on this topic as well.
4. Proclamations/ Resolutions/ Special Presentations
a. Presentation of Manager's Recommended Fiscal Year 2023-24 Annual Operating Budget
The Board received a presentation on the Manager's Recommended FY 2023-24 Annual
Operating Budget.
BACKGROUND: Each year in the month of May, the County Manager presents the Board of
County Commissioners with a recommended spending plan for the next fiscal year. During the
meeting, the Manager will provide a brief presentation of the Recommended FY 2023-24 Annual
Operating Budget.
The Board of County Commissioners will conduct two Public Hearings - the first at 7:00 p.m. on
Tuesday, May 9, 2023, and the second on Thursday, June 1, 2023 at 7:00 pm. In addition, the
Board has scheduled the following Budget Work Sessions:
• May 11, 2023 - Budget Work Session with Chapel Hill-Carrboro City Schools, Orange
County Schools, Durham Tech Community College and Outside Agencies.
• May 18, 2023 - Budget Work Session with Fire Districts and County Departments within
the following Functional Leadership Teams: Public Safety (Courts, Criminal Justice
Resource Department, Emergency Services and the Sheriff's Office); Human Services
(Child Support, Department of Social Services, Department of Aging, Health, Housing and
Community Development, Human Rights and Relations, Library Services and Alliance
Health).
• May 23, 2023 - Budget Work Session with County Departments within the following
Functional Leadership Teams: Support Services (Asset Management Services,
Community Relations, Finance and Administrative Services, Human Resources and
Information Technology); General Government (Board of County Commissioners, Board
of Elections, County Attorney, County Manager, Register of Deeds and Tax
Administration); Community Services (Animal Services, Cooperative Extension,
Department of Environmental, Agriculture, Parks and Recreation, Economic
Development, Orange Public Transportation, Planning and Inspections, Solid Waste and
Sportsplex) including Non-Departmental items.
• June 8, 2023 - Budget Work Session for Board to review budget amendments and finalize
decisions (Resolution of Intent to Adopt)on the FY 2023-24 Annual Operating Budget and
the FY 2023-2033 Capital Investment Plan.
• June 20, 2023 - Business Meeting for the Adoption of the FY 2023-24 Annual Operating
Budget and the FY 2023-2033 Capital Investment Plan.
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All meetings start at 7:00 p.m.
Bonnie Hammersley made the following presentation:
Slide #1
ORANGE COUNT`
NORTH CAROLINA
FY - 4
COUNTY MANAGER
RECOMMENDED BUDGET
May 2, 2023
BCC Business Meeting
Bonnie Hammersley said her presentation would be a high-level overview. She said more
in-depth discussions will take place during the budget work.
Slide #2
F 0 3- 4 RECOMMENDED BUDGET
BUDGET PRIORITIES
* Sustain and Improve Service Levels
* Retain County Workforce
* Support Public Schools
* Preserve Financial Stability
ORANGE COUNTY
.L.X)K 7I C_dLROLLKA
5
Slide #3
FY2023-24 RECOMMENDED BUDGET
Historical General Fund Revenues and Expenditures
��p.p ;2ss a saeso
}mod 3
�a
52:a P
$24B 11
am a
��1'E4YIEB9
1")p �.s ■Erlp�n�lur►*
s22'p
Ulu a
12W p /
FY 2OrM-19 FY 2019-20 FY 2020-21 FY 2021-M 'FY 2a -M
Prof
ORANGE COUNTY
wk1FCf]I C_iROLINA
Slide #4
F 202 -24 RECOMMENDED BUDGET
REVERES
Lkennand Msie ene
Hurreti IT.9k
PAk ilopopnMr4frdbehnse
5.9k
•Prupmt(Taxes
•Sales Tax
r
Tn•elen #Licenses and Permit
D.ft
Miswlaneow
•Apprwriated Fund Barancu
•Chgraes for Services
■IIW2rgL)Vernnlental
■Tr;Lry;km
ORANGE COUNTY
NC]R�71 itWX-INA
Bonnie Hammersley said the sales tax revenue continues to grow, which puts less
demand on property taxes.
6
Slide #5
F 20 ;- 4 RECOMMENDED BUDGET
FY 0 3- Re-venue Assumptiom
FY 2023-24 Property Tax Assumptions
Reeomme,nded Property Tax Increase:
$0.0046—b,alance budget= $1,039,676
Current Tax Rate=$0.8312per$100 valuatkm
Recommended Tax Rate=$0,9358 per$100 valuation
Total Property Tax Increase with 21Jc natural growth =$4.7 Million
ORANGE COUNTY
wk1FCf]I C_iROLINA
Slide #6
FY2023-24 RECOMMENDED BUDGET
FY 20 3- # Ht-venue Assumptiunx
FY' 2023-24 Sales Tax Assumptions
4-5°l0 Gr ,Lh o-,,er FY 2022+23 prnje ction as-eeonomy normalizes to pre-
COVA it f'lauon rates.
Third Quarter FY 202.2-23 indicates 10-12%Growth ove r Prior Fiscal Year
Total Sales Tax Increase--38.1 Ali Ilion
ORANGE COUNTY
NC]FCr]I CAROLINA
7
Slide #7
FY2023-24 RECOMMENDED BUDGET
EXPENDITURES
Ce El G� MWPPI Sarvl[ec
■C�narol Go�ram,ravel
Traft"i 10 CWN
}PPAP
■Support Srwmas
0 OVWAMIty rvlpas
■Hurran Servioae
*Rubie safety
•Educaftn
■Durham Tech(orange
Campus]
■Transkff!a GeM servica Feed
- ■Trans4fs to Qlher FundE
Dubai Tech
0.
hhr3%mpiul
ORANGE CITY
wN.]Wn I CAROLINA
Bonnie Hammersley said the 12% Debt Service is divided between the County and the
schools debt service funds.
Slide #8
FY2023-24 RECOMMENDED BUDGET
FY 202 - 3 Expenditure A.5surnprions
Educstriom
Educadou Cuntinuariou FTuiduig
Persc,fine-)Impacts
W%ge Adltlstment Cana ensadon
Increase of Empla7er Health Eosiumice CantLbntiau
3naease of Emplo-ver ReEmmeat Cantabtitaon Rate
Io-ce,lse LivLigWage
ORANGE COUNTY
8
Slide #9
FY2023-24 RECOMMENDED BUDGET
FY 2022-23 Expenditure Msumptiom;
opemtin$tmpactn
Inflatim=Inctzases
E, 1oyF,,�1 teriuon
Tinisfe.L ARPA ftutdedesseatol Vwpilnis nadp*ndoas tx)Gejxal FNind And los
odhex binding sources
',.!locate xemauvng ARRA Funds
ORANGE COUNTY
.X)FCF1 I C_iROLINA
Bonnie Hammersley said there is a slide later in the presentation to show the
recommendation allocation of the remaining ARPA funds.
Slide #10
FY2023-24 RECOMMENDED BUDGET
Three-Year °/a Cliange in Rate of Inflation
Tigre&Year%C?WY ge in Rate cf I-Pncn
wr
4M1
!h
s Ta
L 58
a
9
3U
20
14
da
A R rlF3 RRF, RFf K _ F. F. T - - - F1fl p +7i7 pi; M & At5
s hs as = r 8s iLa a $ +R za s
ORANGE COUNTY
.X)RT]I CAWMINA
Bonnie Hammersley said there has been a decline in the rate of inflation since the peak
of July 2022, and the hope is that it will continue to decline.
9
Slide #11
2023-24 RECOMMENDED BUDGET
K-12 EDUCATION
(.ur7a111 rS a50(WT,l Q S
l'rr S111drul 408 5 5 517% S F,.4-lh 1 S38
specild Diirart l,v; # 0.183 S 0.163 S 0.W S 0.198 s ?A95,301
i
CLLmrol Cspe 17 $W70,900 5 80,787,90E} f•49,2R7t500 $4.2,78.4,038 S 4,213,LM
PrrSIliJc-at S 4AUS S i3O&i S r191.11 S 5'W1 S
S38-
1-A n fnoreasOn We Special Da rror Tax for CHCCS rs r.coal,vrdi-dar 30.Of 5 To
prtl Vlde adorhlolr7f brYp6lI�fCV PhGc
GRANGE COUNTY
Bonnie Hammersley said this budget recommends a K-12 education increase of 10%,
totaling about$9.4 million. She said CHCCS's allocation of funding is 58.44% compared to OCS's
allocation of 41.56%. She said CHCCS's percentage went down slightly due to a loss of 189
students. She said the 10% increase covers 58% of CHCCS's continuation budget and more than
covers OCS's continuation budget. She said in an effort to assist with the ongoing continuation
funding needed for CHCCS, this budget recommends an increase the Special District Tax from
$0.015 to $0.0198, which would add just under$2.1 million. She said the recommended increase
for the cost per student is$538, bringing the total cost per student in each school district to$5,346.
Vice-Chair McKee said CHCCS is already the highest funded school system in the state,
and asked if the recommended increase would bring OCS to the second spot.
Bonnie Hammersley said staff will have all of that information at the budget work sessions.
Slide #12
FY2023-24 RECOMMENDED BUDGET
EDUCATION
�urneul Sxprus�s 9 AISo�{fl5 9 1.0R7.198 9 690,34[, 9 94,941
l;ayi3aTChgl.,t S 751[M7D S 1510110 S 75,MO S
T n1 t4,ti0rY7inh* $ $ 2t7,0r74 $ 20,1I0t1 $ ,000
i•.iikfu314`uf4;I[hili.ltil'. S .SII,IW S ioivcf) S lrKi,DOfi S �II,D{lf.E
[(Edwin Ted I F1M t14e*9 200,an4 9 200AW 9 20man S -
Small Business cenier
..Oord 11AkW* $ 70,000 $ 710,000 S 7()OWL) 5
Funded in A rrrsre*i,ouesideor the General FuncF
ORANGE COUNTY
.X)K't I CARUL[NA
10
Bonnie Hammersley said to be consistent with the increase to K-12 education, the
recommended budget includes a 10% increase to current expenses for Durham Technical
Community College.
Slide #13
OUTSIDES AGENCIES
Agencies Funded 3$ 56 -12 6 a
TotiLl $ I,954,GP1 S 2,4_ifi,N S 1,07.016 $ 93,654]
l n n'2023-24, the integral agcncics awarded S 100At ar majarity of Hindi ng is
Owside Agency fu,kds are moved into deparrinr-ln Wi4pts la iinprove
r oordiriatloni accUllntability and clirmi oltic4mts.
• Al L ad&ian4 W-5flW is t%eeaLrkownded for Arts rind ToklrisLll 'elated Otilsid(L
Agcncics in Lbe VisiLUrs$tucatl Fund, Lo be adminisurtd In the Orsngr
Comuy Arts Conkinissioo trod The Visilars BuL' Ao.
Ic
ORANGE COUNTY
.La)Wn I CA R04-INA
Slide #14
F 0 - 4 RECOMMENDED BUDGET
FIRE DISTRICTS
TAXRATE NCRF-ASE TAX RATE
i:cdar Grow SL},01f53 $0.0137 M-01i
W111 SCU9 $0_71K W.111 0.1
EFlarlli 80,0M 50.0z So.110V
Little River $0.11631) $0,01 130.0737
New idopc yt]_113b W.0101 �(PA257
Orrtrlgt 11<tmrl i0,0' E9 11.41 1;Q,1�745
titii5111[]t:tiit' $CF,{11f19 $iI.CM] I},{17t1k
5a11tiicrn Triwigle '$0111t0 $0_01 8E},1 M
White Cross S),l'?I# H0.0 iB �J 13Sr1
ORANGE COUNTY
KXDWn L UAQLINA
11
Bonnie Hammersley said the fire districts have felt the impacts of inflation and that 9 of
the 12 districts are requesting a fire district tax increase. She said the fire chiefs will meet with the
Board on May 18t" and will share their needs at that time. She noted that Little River is the only
fire district in Orange County that operates only with volunteers.
Slide #15
F 202, -24 RECOMMENDED BUDGET
COUNTY EMPLOYEE COMPENSATION
'A increase 7DW
Corn pensation Adjustment 64t. Sa.tOq.+�OQ
LRqng Wage Adjustment 3% $30,000'
Health &Oental msurarlre 5% $540.M0
i Inc reau �0111111 6% 0,000
!-t ih3l Prh6Ari 7 ar 'rurrrrerrrrrrfvdeeAlr-rir oryd-MIK A4rrsrmmis of b°.
7.Laing WVr Irrrrrasr AFzV w g&&r rrrriporarF r P fokrra fm 5U.95
per fiaerr ro,SrG.dVD per lrorrr
ORANGE
gypAN
NC]MI CAW3L[NA
Bonnie Hammersley said the wage increase is part of a strategy to enhance employee
recruitment and retention. She also noted the retirement increase is required by state law.
Slide #16
F 0 - 4 RECOMMENDED BUDGET
COLINTY POSIT'XD1tiS•- GF AND OTH EJR FUNDS
Fund 9 of Pcrsitions FTE Status GF Cost
Gentral Fund 23 22 0 FTE S85.902
Debt ServFce 1 1.0 FTE $0
Inspecdorrs 1 1.0 FTE $0
Visitors l3ureaU 1 1 4 l TE $4
SolEd Wasta-M�� 5 -Mk 5.0 FTE $0
Total 31 30.0 PrE 5135.902
Food caunca FTE ci7nvertedr to Food 5ecurfty Goordonalar contracl po&tton
ORANGE COUNTY
.kX)K]I C-dLROLLNA
12
Bonnie Hammersley said that the 22 FTEs recommended in the General Fund are funded
through new revenues or a reallocation of existing funds.
Slide #17
FY2023-24 RECOMMENDED BUDGET
AMERI AST RESCUE PLAN USE ACT (ARPA)
Recommended ARRk
Projects
?:I.'�.'-trrn.Ffolrrrtu-Ilcr'= x,t=14r:I,,t-r w.'.�iI,I.NlIF
ARP_A Rcgorting CCIoidmAToi C.oa=vt $66,886
TOTAd SZ,465, ,35'
` r.i.:. .:-,_�; !n, -R^ :-finds ham-:LUOUh a7rvlrL rid.rl}e LrC=IIEU&e'
u7SOrn Y
'RANGE COUNTY
.LaWn I l_4A{}LLNA
Bonnie Hammersley said the Board will receive information about the Long-Term
Homeowner's Assistance program over the past year at their May 16t" meeting.
Slide #18
FY2023-24 RECOMMENDED BUDGET
r DATE
Budgf-t.,nd C ikpil.d lr3Veskmerkt PlAn{CIF} MAV 9 &June 1
Schinols,DuthamTecli,and Outside,4genciea May 11
Fire District,Public Safetvand Human Ser,,ireig May 18
Support Services,General Goremment anij May 23
community Serviee!s
Budget AmenJmentaand Resolution of Intent to June K
AJope
DATE
FY2023-24OperaUng and C I P 13ku4getAL4opkiOil Jung 20
ORANGE COUNTY
NOWn I CARLM[NA
13
Slide #19
FY2023-24 RECOMMENDED BUDGET
DOCUMENT AVAIL BILITY
• Clerk in Board of Commissioners
* C ou-nn- Sudgct Office
* Oranp CounTy library
* Chapel Bill Public Library
* Orange Count),%'# )sire -iirip://c)rangecounivnc.gov
.4L=_-
ORANGE COUNTY
Slide #20
FY2023-24 RECOMMENDED BUDGET
MISSION STATEMENT
Orange C:oun[V exists to pwidr govemrnental services neededby our
Residents or mandated bV the State of North CsuuiinA.
To provide thesequsiity serVieesetpciently,We-muSt"
❑ Serve the Residents of Orange Count}—Our Residents Come Fim
❑ Dependori the energttskiLls,and dedication of all our empluveesand
Volunteers;
❑ Treaz at crur Residen is and Employees with fairness,respeez,and
understandin&
Die Cou Ci-Residerrrs Cnrn l
ORANGE COUNTY
�utrri i .=.rcia�,
Bonnie Hammersley thanked the department directors, school superintendents and
finance teams, the county budget team, and the Deputy County Manager for their input and
development of the recommended budget. She said she looks forward to working with the Board
on the recommended budget going forward.
Vice-Chair McKee asked to return to slide #7. He said the percentage listed for education
does not include the debt service for education.
Bonnie Hammersley said that's correct, and when debt service is added, the Board
reaches their stated goal of 48.07% for education funding.
14
Chair Bedford asked if there is a recommended change in funding for the Chapel Hill
Library.
Bonnie Hammersley said there was no recommended change.
Chair Bedford said the public hearing on the budget will be next Tuesday at the Whitted
Building at 7:00 pm, and encouraged residents to attend.
5. Public Hearings
a. Public Hearing on the Financing of Various Capital Investment Plan Proiects
The Board conducted a public hearing on a financing contract for up to $16.5 million to pay for
capital investment projects and equipment for the fiscal year, and considered approving a related
resolution supporting the County's application to the Local Government Commission (LGC)for its
approval of the financing arrangements.
BACKGROUND: County staff estimates that the total amount to be financed for capital
investment projects and equipment will be not exceed $16.5 million. The law requires that the
County conduct a public hearing on the proposed financing. A copy of the published hearing
notice is provided at Attachment 1.
The notice of public hearing was advertised in The Herald Sun.
After conducting the public hearing and receiving public input, the Board will consider the adoption
of the resolution (Attachment 2). This resolution formally requests the required LGC approval,
makes certain "finding of fact" as required under the LGC's guidelines, and authorizes County
staff to continue the process. The Finance Officer has been in contact with the LGC staff, and
expects no issues in receiving LGC approval.
If the Board adopts the resolution indicating its intent to continue with the financing plan, the Board
will be asked to consider a resolution giving final approval to the financing plans at its Business
meeting on May 16, 2023. Under the current schedule, County staff expects to set the final interest
rates and close by the end of June.
Collateral: For this type of County installment financing, the County secures its obligations to the
lender by a mortgage-type interest in some or all of the property being acquired or improved
through the financing. The County plans to secure this 2023 financing through a pledge of several
school properties. County staff is discussing with both school boards the particular schools to be
used. The school boards will convey the selected schools to the County for the financing term so
that the County can utilize them as collateral. The Board will be asked to approve the transfer of
the particular schools as part of a May 16, 2023 Business meeting agenda item.
Lenders generally require that the County offer collateral equal to at least 50% of the loan amount.
The County expects to offer collateral well in excess of the loan amount, but transferring schools
to the County now will facilitate future school improvements and financings over the next several
years. The County has flexibility to release schools individually from the financing lien if that
becomes appropriate.
Gary Donaldson, Chief Financial Officer, made the following presentation:
15
Slide #1
ORANGE E UNT`
NORTH CAROLINA
Series 20 3 Limited 0bl igatron Bonds
Spring Financing Resolution
-Gary fXY6-Alm#�Chi&Hraxial-Otficef
May 2, 2023
■
Slide #2
Purpose
F CoradiraPublic Hearing rorLimmedOCkgawnEondsisursuantt6NC Stature Section I OA-20
CAME Publle Hearing
Obtain B-aarffAppro aiof Re&nluiP55ro Proceedwlrh FALM Loal Go ernmen[Camma!szaAppfrarlontw
series 2023 Limited Obligatlon Boads
r Funds ourFY2022-23Cap![alln esrmenrPlanthroughihitSeries2OZ3Unc.,teclOb42t,onSon&are
-semedbyaDeEdofTrarst.withawcueit�interest in4arims County,andSchoolfae toes,
r The Series 2022 Lkn1cedOhligadon&xwlswlll fvrd4arlousCounr�pfolecu Including:
-Vehicles and Fqutpmert(7 Mears uaaful Ilfa)- 51.7 mirrK-
-County Projects(up to 24 4eare ueef ul frfal: �S MIIIIon
-School Prbkli 14yra 24tireats useful WB11 S9.4 Mho
TUFAL- $1&1 MIIIIan
ORANG COUNTY
.,X)RnI CAREM NA
16
Gary Donaldson said he thinks the final financial package will be closer to $14 Million but
they felt it was appropriate to advertise $16.1 when they were preparing the public hearing.
Slide #3
FY 2023 Projects
.qua iati �t..
ran�r
U�i
�•Wz+r++� Fwe..�
tiov;rw
.try i rr`�a -_�i•`
ORANGE COUVi-'(
.")K 7I lARDL[NA
Gary Donaldson said the county would be reimbursing their reserves.
Chair Bedford said it took her several years to understand the concept and that once the
budget is passed they can begin the projects on July 1.
The following table was displayed on slide #3:
17
Project LGC Application Amount Amortization Project Status
1 AMS
2 Facility Accessibility,Safety and Security Improvements $ 331,215 20-Year Level Principal Reimbursment Resolution/Purchase Order
3 HVAC Projects 1,084,341 15-Year Level Principal Reimbursment Resolution/Purchase Order
4 Emergency Services Warehouse 583,757 20-Year Level Principal Reimbursment Resolution/Purchase Order
5 Roofing/Fagade Projects 1,431,681 20-Year Level Principal Reimbursment Resolution/Purchase Order
6 AMS TOTAL 3,430,995
8
9 Emergency Services
10 Communication System Improvements 207,561 8-Year Level Debt Service Quote/Purchase Order
110range County Radio/Paging Upgrades
12 BDA Testing Engineering 50,904 8-Year Level Debt Service Quote/Purchase Order/Awaiting Invoice
13 Paging Equipment Replacements/Upgrades 297,982 8-Year Level Debt Service Quote Received 12-2/Under Legal Review
14 ES Renewals and Replacements 110,997 15-Year Level Principal Quote/Puchase Orders/Invoices/Payments
15 EMERGENCY SERVICES Total 667,444
16
17 Information Technologies
18 ITGC 21,621 5-Year Level Debt Service Full Details to Come
19 IT Infrastructure 875,449 5-Year Level Debt Service Full Details to Come
20 Information Technologies Total 897,070
21
22 Public Transportation
23 DEAPR Vehicles 97,801 7-Year Level Debt Service Reimbursment Resolution/Purchase Order
24 DSS Vehicles 29,945 7-Year Level Debt Service Reimbursment Resolution/Purchase Order
25 Emergency Services Vehicles 1,555,291 7-Year Level Debt Service Reimbursment Resolution/Purchase Order
26 Health Vehicles 59,890 7-Year Level Debt Service Reimbursment Resolution/Purchase Order
27 Public Transportation Total 1,742,927
28
29 Schools
30 CHCCS
31 Classroom Improvements 301,374 20-Year Level Principal Reimbursment Resolution/Purchase Order
32 Fire Safety 155,001 20-Year Level Principal Reimbursment Resolution/Purchase Order
33 Athletice Facilities 13,766 20-Year Level Principal Reimbursment Resolution/Purchase Order
34 Recurring Capital 1,058,040 8-Year Level Principal Reimbursment Resolution/Purchase Order
35 Technology 1,065,991 20-Year Level Principal Reimbursment Resolution/Purchase Order
36 Deferred Maintenance 555,430 20-Year Level Principal Reimbursment Resolution/Purchase Order
37 CHCCS Total 3,149,602
38
39 OSC
40 Recurring Capital 1,920,060 8-Year Level Principal Reimbursment Resolution/Purchase Order
41 Deferred Maintenance 4,227,420 20-Year Level Principal Reimbursment Resolution/Purchase Order
42 Fire Safety 53,800 20-Year Level Principal Reimbursment Resolution/Purchase Order
43 Classroom/Building Improvements 61,794 20-Year Level Principal Reimbursment Resolution/Purchase Order
44 Athletic Facilities 20,081 20-Year Level Principal Reimbursment Resolution/Purchase Order
45 Mechanical Systems 8,531 20-Year Level Principal Reimbursment Resolution/Purchase Order
46 Food Services 8,452 20-Year Level Principal Reimbursment Resolution/Purchase Order
47 OSC Total 6,300,138
48
49 LOB Total $ 16,188,176.02
18
Slide #4
Key Financing Terms
5ecuri#y Pledge-Couoty assets sew as C.allateraI and subject to Annual county
Appropriations
Maturity Term-7-20Year m-aturities mabehes the useful rife of the assets
A- FebrUarp 1 an4 MOW 1 RepayfrVAt Dates to Bank Trustee;First Interest Payment
February 2024 oanslstent with the Debt Model
Estimated Interest Pates- Between 3-49A subject to market mnditiarrs
Series 2D23 Limited Qbligation Sands Maximum Annual Debt Service not exceeding$2.01
mi II ion i n FT 2025 I based are cu rrent market interest rates)
Sou roe of Repayment-Property Taxes,thefe is no Enterpnse Fund Projects with rnts
financing,
Limited Ohl igation Sands are 5ubordinabe Lien ba AAA General Obligation Rands
7,. Current Li miteO Obligation E3on6-AAi{AA+/AAf from nnoodv's,S a nddri WWG&l!LQUNTY
Slide #5
Debt Service Model Metric
W Rolm "r Pa ct W IM M C6 to GF Retimues
2C21 FDd2o-. 142t P-14r}
2a:4 670% ifla t E
2ND XIM lob I-,
207 73X% ITA ].902%
• 77&W i Fi�lk
2 8737�6 1$Cx _ 1�.0-0�6
zap: iL Fi
. VIM Lft 1 9.6x
y��y �I_fJ}�
QI�lyANGE COUNTY
19
Gary Donaldson discussed the parameters to show the three key metrics of the payout
process. He said there is a statutory 3%for tax value. He said the rating agencies take comfort in
the fact that the county is aware of the percentages they have.
Slide #6
Questions
ORANGE COUNTY
.30R'1I<.A]V}1.rNA
Commissioner Fowler asked about the difference in the $16 million and $14 million.
Gary Donaldson said they will be financed by dept financing. He said it is a difference of
which projects will be ready in time not which projects will be funded. He said that they have been
in communication with the schools and they know they can proceed as is and the Board has
approved those projects.
Commissioner Fowler asked if this would affect the debt modeling.
Gary Donaldson said it has a small impact, but comparatively small.
Commissioner Portie-Ascott asked if they are getting better financing terms by offering
more collateral than the loan amount.
Gary Donaldson said the credit rating plays into that. He said that for GO bonds they have
the highest rating among all three agencies. He said that is one factor into the rates.
Commissioner Portie-Ascott asked if the additional collateral will provide benefit or if the
schools that will need capital improvement as well.
Gary Donaldson said the collateral package allows them to work with the schools to add
those projects into the package. He said that in this case the bond counsel is working with both
school district's legal counsel for particular schools. He said that they are working to bring projects
funded in this financing into the collateral package for this financing.
Commissioner Hamilton asked if this is done in the spring and the fall.
Gary Donaldson said this was historically done in the spring and fall but now it is done in
the spring to give departments more time to get their projects and go to the LGC and the market
once rather than twice per year.
A motion was made by Vice-Chair McKee, seconded by Commissioner Hamilton, to open
the public hearing.
VOTE: UNANIMOUS
No one was signed up to speak for the public hearing
20
A motion was made by Vice-Chair McKee, seconded by Commissioner Hamilton, to close
the public hearing.
VOTE: UNANIMOUS
A motion was made by Vice-Chair McKee, seconded by Commissioner Hamilton, to adopt
the resolution supporting the application to the Local Government Commission for approval of the
financing.
VOTE: UNANIMOUS
b. Public Hearing on Renaming Judah Benjamin Court to Aspen Court
The Board conducted a public hearing on a petition to rename Judah Benjamin Court(State Road
2207) to Aspen Court and considered adopting and authorizing the Chair to sign a resolution
approving the petition for further approval by the North Carolina Board of Transportation.
BACKGROUND: North Carolina General Statute (NCGS) § 153A-239.1 (NCGS §153A-239.1)
grants a county the authority to rename any road within a county as provided by the statute and
by a County Ordinance after the Board of County Commissioners has held a public hearing. The
public hearing must be held at least ten days prior to the renaming the road and a notice of the
time, place and subject matter of the hearing prominently posted at the courthouse, in at least two
public places in the township where the road is located, and the notice of the hearing must be
published in a newspaper of general circulation published in the County. The County may not
change the name given a road by the North Carolina Board of Transportation unless the Board of
Transportation agrees.
The Orange County Board of Commissioners adopted an Ordinance entitled "An Ordinance to
Assign and Regulate Road Names, House and Building Numbers in Orange County" (the
"Addressing Ordinance") on December 13, 2011. The Addressing Ordinance § 6-34(b)(2)(b)
allows property owners to request to rename a public road for personal reasons. In order to do
so, the property owners must provide a petition including the existing road name, the proposed
road name, the reason why the person(s) are requesting the name change, and the signatures
of seventy-five percent (75%) of those persons owning property addressed on the road in
question. The proposed road name must conform to the requirements of Addressing Ordinance
§ 6-34(b) and the name change may only be approved after a public hearing is held on the
matter as provided in Addressing Ordinance § 6-36 and the Board of County Commissioners
have approved the petition for a road name change.
Property owners have provided a petition requesting a road name change of Judah Benjamin
Court (State Road 2207)to Aspen Court(see attached "Petition to Rename a Public Road Known
as Judah Benjamin to Aspen Court" and "Map of the Road to be Renamed"). There are twelve
parcels on Judah Benjamin, each with different owners. Nine of the twelve parcel owners have
provided signatures agreeing to the proposed renaming. Therefore, the petition includes the
requisite signatures of seventy-five percent (75%) of those persons owning property on the road
in question. The remaining property owners did not respond to the request for signatures.
The Address Administrator contacted the North Carolina Department of Transportation and
determined that State Board of Transportation approval is required to rename this road in
accordance with NCGS §153A-239.1.
21
As required by North Carolina law, a Notice of this Public Hearing was published in the News of
Orange and the News & Observer on April 19, 2023 and was posted at the following locations:
• Orange County Courthouse
4800 North Carolina Highway 54 West
Intersection of Judah Benjamin Court and Walter Clark Drive
NCGS §153A-239.1 requires that after renaming a road, the County shall notify the local
postmaster with jurisdiction over the road, the Board of Transportation, and to any city within five
miles of the road.
Ordinance § 6-34(b)(2)(b)(iii) requires the Petitioners to pay to Orange County the cost of
purchasing new signs and erecting them prior to the name change becoming effective.
Nancy Freeman, Tax Administrator, made the following presentation:
Slide #1
Public Hearing on Renaming
Judah Benjamin Court t
Aspen Court
May 2, 2023
Orange County Tax Administration
Nancy Freeman, Tax Ft Address Administrator
22
Slide #2
Renaming Judah Benjamin Court to
Aspen Court
• The purpose is to fondurt a public. hearing on a petition to ren$rne Judah
Benjamin Court (State Road 2207) to Aspen Court.
i
► The Orange County Mard of Commissioners is asked to authorize the Chair to , 4
siSn a resolution approving the petition for further approval by the Nort#i V
Carolina Board of Transportation.
At
Slide #3
Renaming Judah Benjamin Court to
Aspen Court
w The County has this authority based ors North Cerodn&Cenerat Statute$53A•239,1
.and the Orange County Road blaming and Addressn SOrdinance5 6-341bli(2I(b)
P. The ordinanoe requires that property owners must provide a patition including the
existing road name,the proposed road name, reason for the change,and
signatures of 75%of persons owning property on the road.
r The narne change may only be proved afters public hearingi5 held and the
Board of Count} Commissioners have approved the petition. !
M Map of Judah Benjamin Court to follow.The road is located just southeast of the
municipal border of Hillsborough in the Wildwood Subdivision.
23
Slide #4
Y
Juath 9eMomun Caurk known as
NC64f secondrei Road Ibal 320Y,
b!,-n111Y1f6 aeWn Cwn I
1
_ 1
i r
Slide #5
Renaming Judah Benjamin Court to
Aspen Court
ire are twelve parcel.on Judah Benjamin Court, each with different
owners. Nine of the twelve have provided signatures agreeing to the
renaming. meeting the75%requirement.
• A Notice of this Public Hearing was publi-.hed in loyal newspapers on April 19,
2021 and was posted at the following locations.
r Orange County Courthouse
IP 49lt North Carolina H18hway 54 W&A
s Intersection of Judah Benjamin Court and Walter Clark Drive
24
Slide #6
Renaming Judah Benjamin Court to
Aspen Court
• lecammended Artioris for the Commissioners',
r Conduct the NtDkic Hearing:
r Ctose tile Public Hearing; and
r Adopt and A%,t rim the Chair to sign the resolution approving the Rptition for
further approval by the North Carolina Board of Transportation,
Slide #7
Renaming Judah Benjamin Court to
Aspen Court
w After public Hearing and Roard approval;
The County is required by NCGS§153A-P39-1 to notify Vie local postmaster with
jurisdiction over the road.the North Carolina Board of Trarrsportation. and any city
within live miles of the road_The Addressing Team will complete this requirement.
i� The Petetroners are requlrcd by County Addrrssr:rgOrdinartee 5t,-34fb)(2);b)�ili)to
pay tb Orange CourEty the cost of purchasing new sigma and erecting them prior to
the name change becoming effective.
Vice-Chair McKee said geographically, this is located off of Highway 86, just south of
the Home Depot and Walmart development.
A motion was made by Commissioner Fowler, seconded by Commissioner Richards, to
open the public hearing.
25
VOTE: UNANIMOUS
PUBLIC COMMENT:
Natalie Ziemba said she is representing the Wildwood Renaming Committee. She said
the committee started around the start of the pandemic to change the road names in the Wildwood
neighborhood. She said the roads were originally named after members of the Confederacy, and
there was a desire to represent the neighborhood as a more welcoming and respectful
community. She said when the committee started working on changing the road names, they
were able to change two, but they were unable to meet the 75% threshold for the other roads.
She said in the past two years there has been some turnover of homeowners in the neighborhood,
and some people who moved into Judah Benjamin Court reached out to the committee interested
in revisiting the renaming. She said this was entirely the initiative of people who live on Judah
Benjamin Court. She thanked the Board for their consideration, and asked them to support the
neighborhood in making this change.
A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to
close the public hearing.
VOTE: UNANIMOUS
A motion was made by Commissioner Fowler, seconded by Commissioner Greene, to
adopt and authorize the Chair to sign the attached resolution approving the petition for further
approval by the North Carolina Board of Transportation.
VOTE: UNANIMOUS
c. Zoning Atlas Amendment—4801 and 4901 Dairyland Road (PINs 9841-52-7281, 9840-79-
5091), Hillsborough, Bingham Township
The Board held a public hearing, received the Planning Board and staff recommendations and
public comment, closed the public hearing, and considered action on an applicant-initiated Zoning
Atlas Amendment to rezone 190 +/- acres (PINs: 9841-52-7281, 9840-79-5091) located at 4801
and 4901 Dairyland Road, Hillsborough, within the Bingham Township of Orange County from
AR (Agricultural Residential) to R-CD (Residential Conditional District).
BACKGROUND: On December 8, 2022 a Conditional Zoning Atlas Amendment application was
received, proposing to rezone 190+/- acres of property at 4801 and 4901 Dairyland Road,
Hillsborough, in Bingham Township. Please review the Staff Report in Attachment 2 for additional
information and analysis. 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.
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 LIDO. 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 March 22,
2023 at 5:15 p.m. at the Orange County Public Library. The report form from this
meeting are in Attachment 4.
26
• 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 April 5, 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 May 2, 2023.
Per Section 2.9.1 (F) (3) of the UDO, mutually agreed upon conditions can be imposed as part
this process only 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). The applicant is proposing a conservation cluster flexible subdivision featuring 38
lots and a minimum of 33.33% open space, in addition to all applicable development standards
for this use, as detailed in Section 7.12 of the Orange County UDO. Staff has recommended the
imposition of conditions, as included in the Ordinance in Attachment 7. The following conditions
have been proposed and agreed to by the applicant:
1. Application: Project shall be completed as presented in approved site plan/application
packet;
2. The uses on the farm and associated permanent conservation areas will be limited to only
those uses that are currently allowed on existing farms in the Orange Grove Community
as of the date of approval;
3. Additional plantings will be added to the western property line of lot#34 to screen the view
from parcel PIN 9841-32-2556;
4. The site property line will be marked with signage that reads, "DANGER, NO
TRESPASSING — FARM EQUIPMENT IN USE" at lots 7 through 11 with signage facing
both directions;
5. The developer will install a fence with no trespassing signage along the shared property
line with tax parcel 9841-73-4586;
6. The developer will notify prospective new property purchasers of the Eden View Acres
subdivision of the presence of a Shooting Range and associated noise on the adjacent
property, so long as that use continues.
7. The Developer will notify prospective new property purchasers that this is a voluntary
agriculture district.
Public Notifications: In accordance with Section 2.8.7 of the UDO, notices of the Public Hearing
were mailed via first class mail to property owners within 1,000 ft. of the subject parcel. These
notices were mailed on April 11, 2023, 21 days before the hearing. Staff also posted the subject
parcel with signs on April 11, 2023, 21 days before the hearing. See Attachment 3 for the
notification materials.
27
Planning Board Recommendation: The Planning Board reviewed the zoning atlas amendment at
its April 5, 2023 regular meeting. At this meeting the Board voted unanimously to recommend
approval with specific changes of the Statement of Consistency (Attachment 7) and the
proposed Zoning Atlas Amendment (Attachment 8). Two conditions are being recommended by
the Planning Board and the applicant offered four additional conditions after the Planning Board
meeting, based upon comments made at the meeting. All conditions are accepted by the
applicant and have been incorporated into the Ordinance in Attachment 8.
Excerpts of the minutes from the meeting, as well as the Board's signed statement of consistency,
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 the Zoning Atlas, as well as imposing development conditions,
for the identified parcels as contained in Attachment 8.
Cy Stober, Planning and Inspections Director, introduced the item and reviewed the
background information. He made the following presentation:
Slide #1
ORANGE COUNTY
NORTH C AROLINA
Zoning Ati as Amendment
AR Zoning to R- D Zoning
4801 and 4901 Da!ryland Rd.
PIN 9341-52.7281, 9340-79.5091
Applicant- Daniel Jewell - OJT, PA
Pmpefty+Owners: Daniel end Elizabeth Snipes Et a
28
Slide #2
MEETING PROCESS
1. Staff Presentation
. Applicant Presentation
. uestionsfromthe Commissioner
4. Public Comment
I BO C Deliberationand Decision
ORANGE COUNTY
Slide #3
ZONING & LAND USE REVIEW
NCGS 1 C D-701
7-cnIrkg regulatloftt Shall ba made In accordance with a omprehenslve fan artd-shAN be
designed to promote the puihk heallh, safely.and genera!welfare--.-The regulatons
shad be made with reagonatale 4 4Q"ideratiorL.mvwg other thirip. as to the character of
the district and its pecOar 5KAabilily fpr parlkcular Lr4e%and with a view IQ corl!�erving the
value of bw3dmgs and enco-uraging the most approprlale use of land Ihroughou! lhe local
gouernmenl's *rirrlrkg and developmanl regu9atlon jurisdlctlorL. The regulations may not
Include, as a bases for dernying a zoning or rezoning request from a se-pool,the level of
service of a road facility or faciliki-e-s abutting the school or prgximalely located to the
school
ORANGE COUNTY
.X)wtn I CAROUNA
29
Slide #4
ZONING & LAND USE REVIEW
Zaning mgLdatlorrs shall be made In ailnardancm with a comprehensr4-o pran and sha be
designed to pramote the putllc healm. talety,arrd general wellare__._The regulaLmr.
shad be made with rewiwabse 4;4rtsideration,anwg otter thirip, ag to the Q-�arimer of
the dls;rigt and its peculiar suitability frr pia rzlcular usi�9 and with a view to c-un-ervinq the
value of buildings and encouraging the most aplpraprla:e use of land throughout the.local
government's plannlrng and d aevelapnwt regLdatlan junsdIctlort. The negLWlow may not
Include, as a tads for denyl ng a zoning or remmng request from a-school,lh&level of
service of a road facility or facilities abutting the school or pmximalely locgted to the
�ebaal
}RANGE COUNTY
w OWn I CARf3LLNA
Slide #5
ZONING & LAND USE REVIEW
Orr Couniy.NC
C4XM M--0o"c-;I Qrftoo ;"
1:4'V I
- um�i nn
Compmhonsive Plan Unif led Development Ordlrrartce
{UDO}
}RANGE COUNTY
.L4%) n I CAR MNA
30
Slide #6
ZONING & LAND USE REVIEW
i 1
CoW M74U "Dninbmm
YISFf 4m"F*P
fi�I
h. aq�r�wy�i
r
GamprehenslvePlan Unif led DevelopmnerrtO inane
Future Land Use Map {UDD}
GRANGE COUNTY
.M)RT]I cAnOLthA
Cy Stober explained how the plans are reviewed for the application and said there will be
additional information later in the presentation.
Slide #7
ZONING & LAND USE REVIEW
NCGS 1 0 D-702
A local gc,,rernmLrA may iddupl.cGning ieguwi4nff._. a mninq regulAw may regLaate and
rastnct
lha heigPrt, rrrnrr w of storles,and srm of buildings and oll►er sfructurt-s:
the percentage of VA that mWly be accuRked;
the sfxa of yaris_couft,Wfl afher opert spaces_
the density of population;
the lacalion and use of b kl� ngs, srrvetures,ad]d feitd..,.
Wh&re appraprlale, a rorplrrg regrlatlon may Include fequtramants lhat street and utility
Nhts-6f-way mi dedicated to the pubk, fhat provlslon be made of recra�ationat enpace and
facRilies.end khat performance guarantees t>e provided...
Any regufa#Ion relal�ng to building d i n ek-ments adopted under W5{chapter may rwt
be a1ppillers to any sfructuris iwbject to reguiatlon un6ar fhra North Carolina ResldenLa7
Code for Ona-and Twn-FAmlly dwellrngs
}RANGE COUNTY
.a)R-n I CAROLINA
31
Slide #8
ZONING & LAND USE REVIEW
A local government may adopt caning regulations... a toning reNlalion may regulate and
restrll"l
Me height, rUunber of#tbrie9,arbd srze of bullding!; and other struttL1r*s:
the pence a of iots thet may tr+e occupied-.
the sme or yards.courts,and other open spaces_
the der►.4 of pwiudeiari.;
the loealion and use of buildings, structures,and land, ,
Where approprlale, a zoning ragu9atlon may include requirements ghat street and utility
rights-6f•way be dedicated to the publlo, Lhat provision bt made or rtorratiorim spade arnd
f&DRRiaes.and-.het"rmance guarantees be provided.,.
Any regulahorr relaling to truidding design elements adopted url-cler this Chapter
may no[bo appded to any sutjmuros suWocl to regulation undut the North
Cerodlrra Re�Mdend*l Corby !Or Ohio-and Twu-FdMMy Dwebtngs
?RANGE COUNTY
wk)Wn I CAW3LINA
Cy Stober noted that one- and two-family dwellings cannot be architecturally regulated
under NC Code.
Slide #9
ZONING LAND USE REVIEW
NCGS 1 0D-70
A loom government may divide its terrll.arlal Junsdlction Into zarring districts of any
number, strap*, and area dearn*d beat suited lb carry nut the!purposes of this Article_
YW#lin ltwse di%triels, it may regulate and restrict the erection,construction.
recou%trudi#rl,art-04;,n, repeir,or use of buildings, structures.or lard Zprlinq districts
may Include, but are fiat be Ilmlied to_Ih*kAf wiing,
(II Convor ticrkat dgitrlots, In wtiith a variety of uses are allowimi as permitted uses or
u%es by riPt and that may adro,,, a 5pecial use permit,
{2] Conditional distrdtls, In mitch slle plans or IrndMduMLz&d dovelopment coruhtiorrs
are Impos&d.._
ORANGE COU 1 Y
wk)r[f7I CILW3LLNA
32
Slide #10
CONDITIONAL DISTRICT- Overview
Corweiltionall !i anct Zoning Cond itronall 1
Sia�dards mual be unifarmlX ftegr►esl ase'pe;r
applied triroughoul Ih�Co�rrYy individualized dewelacppmeat
tondihans and siandards
�toonsmlc
mpeei4e,individualized develapanenl plan
mns may be Imposed. tart of review and approwal
process
ORANGE COUNT)
Cy Stober said if there is any deviation from the approved zoning, there would have to be
another public hearing because this is a site-specific development plan.
Slide #11
ZONING LAND USE REVIEW
NCGS 1160 D-70 (cont. )
Specific conditlor 5 may be proposed by the F�,eiihoner or the local government or its
agerrcles,but orriy those conditlonrs approved by the local gov-&rma unt artd consented IQ
by the petitioner in writing may be incorporated into the zoning regLAutians Urlless
consented to by the petitioner in wriEirig.„ a local Wvernment may nol require, enforee.
or Inaorporale Into the zoning regulations any condlhon or ri�quiremenl rrnt authorized by
otherwise applicable law...
Caradltiorrs ane site-sptclAc standaids mrpased In a corA lonal dlstrbct small be llmlttd to
those thal address the conformance of the development and use of the site Eo local
goverriowl ordinances,„ or the fmpact5 reasonably expected to be gene4wed by Rhe
deveWrnaret or use of the
Any other modlflcalien of the cored dares and slandards rn a conditlor►v district&+tall fallow
the same process for approval as are applicable to xonin map aen"*nents.
ORANGE COUNTY
.a)&f7I CAROLINA
33
Slide #12
ZONING & LAND USE REVIEW
NCGS 1 OD-70 (coat.)
Spec Ific cormMlom may be proposed by the petitioner or the lnoal government or its
agencles,bUL only Ilrose condtt1005 approved by the loin'go',eernrr%ent and c>nsen.ed to
#y thp-peti#14nLr In wrltinq way be Incorporated into the zoning regulations Unless
cormented to by the pWioner in wrilrnq.„ a local government may nal require, enforce,
or Incorp wa Into the ronlM regulations any condltion or r1�gttiremen1 not aulhorizeA by
otherwise applicant& law__.
Conditions apa site-spec Me standards Imposed m a condttlanal elstrlcl shall be tlmlted to
those that addre4s the czr`❑rmance of the development and use of the aite 4alocal
govemanem ordinances._. or Me impacts reaszna*expected Co be generatea 13y she
development or use of the
Any-other madHHcadon of the condidons and standards in a concllidonal district
sham f-plow the sainggroeess for oroval a�. re r oiftaWe to zonina meta
amendments.
ORANGE COUNTY
.4JWn I CAROLINA
Slide #13
CONDITIONAL DISTRICT- Applicant
Responsibility and Review Flexibility
1. Establishme-nt of Use Type
Applicant is required to define what type of developmentand/or
Iarsd use is anticipated_
. Site Plan Development
A formal site plan, i-eviewed and approved by staff in accordarice
with U00 section 2_5,must be submitted and approved prior to any
development activity on the parcel_
3, Subject t:u Corid�tions of Approval
Review and approval aI lows for negotiation of developmen#
standardsand may vary wnslderablyfrornordInancestandards.
Room far oreativoy both from applleant and review authtiorlty.
ORANGE CQtJNTY
NOR]]I C.'0011ti,5
34
Slide #14
CONDITIONAL DISTRICT W Review Process
PlannIng Staff Review
• Receive application and check for completeness
• Development Advisory Committee Review
NeighborhcK)d Infarmation Meeting
• To obtaln nelghborheod input an the proposal and allow the
opportunityto explain the review process
Planning Board
• To make a recommendation of approval or denial of Zoning
Atlas Amendment
Board
• To take action on the zppllcaDon to rezone
ORANGE COUNTY
^k)Kf7I t_iRGUNA
Taylor Perschau, Current Planning and Zoning Supervisor, continued the presentation:
Slide #15
CONDITIONAL DI TI I T - 130CGReviewftle
■_ ■ ■ ■ 3
• Hear from the applicant. staff,and the VAlic
• Review arod discuss analysis and staff rec elation
• Take achm an the Zonhg Allan AMMr dMftnt applioall
NCGS 16OD-7"b)
-Condofiorrs andsie-specy7o Vandamts ompased fn a conddkml dlsr6w shaft be
Yff?t dfa Those ghat address fhe c7 nkh mare of the devak rrrant arFd V591.OF Me
sfte to focalgovsmmerit ordinances,plans adapted pursuant ro G.S. f 80D-50 f,or
t�*ftacfa rasa mawyexpecled to be generated by the developrnvnr oro5e of the
art&."
0RAN< E tr'C Ul Fl Y
35
Slide #16
Daniel Jewell, Eden View Rezoning Application
4941 and 4907 lki'IYM.I'luili..RbarF
..... nN, .rsR�3dWT9Sl+�
9941•S2-72$1
bane Creek
Daniel Jewell —+ t `.r'A
ORANGE COUNTY
NX)I ]I C-iROLINA
Taylor Perschau said this project is located within the Cane Creek watershed and this is
one of the more restrictive watersheds when it comes to capacity of development.
Slide #17
Daniel Jewel I, Eden ViewRezoning Application
n—rWkm:KAmt�iluJ.n„Yra{'si7aP%ra� r
Current Zonin -
AgrieuIWral Residential µ ;
f
Residential Condibonai District(R - 6D)
Parcel Size: ac
SuauundingZonirrg:AR �.�.•y�,.. -
No proposed Overlay District changes
ORANGE COUNTY
wk1Rf]I CAROLINA
36
Slide #18
Daniel Jewell, Eden View Rezoning Application
n-11 e4p4wwsm u,it cv iw nnh vuivsi--mvAao.iiwi,
a
7Sth�on ao.fiou - ,
Prwass #X°�
Wdo J
P�opm+d
6PMM Ld&W _ y410
Lct1i .MM wthvV is4lJ
(s re" pyKEryUG subj%tpm
3A IUJCdO 4�,f
Promo
4!5% 20�OOf3 FF4FF {
W%untl
am
ORANGE COUNT'
NL)IM I C-iROLINA
Taylor Perschau said this was pulled from the Unified Development Ordinance and shows
what the planners are reviewing when an application comes in for rezoning. She said that 75
acres of the total 190 are proposed to be open space and that is about 40% of the project total.
Slide #19
Daniel Jewel I, Eden ViewRezoning Application
A Ir bl arland [hat Is ropbsed fo r a
svbdivision inlo 21 or more lass 38 lotal lals
JUDO Section7,2,3�
9ulldlrrg Ibts-are group,d loWher through a Cans Creek Proleeted:rt-mritted Ib
Iransfer of allowable density wilhin the 1 dweilling15 acres
subdivWed Ifael provided the transfer of
density does-not increase the average density Eden Drew(1 g4 total mres138 lots):
irt any omlayzoni-ng dlalrlct. 1 dwelIN15 acres
�4
ORANGE CQU. I Y
.AIRI II CAILOIANA
37
Taylor Perschau said this is considered a major subdivision requiring a conditional district.
She said the conditional district is triggered by a lot count of 21 or more. She said they are asking
for a conservation cluster option. She said in total with 190 acres and 38 lots, that maintains the
5 acres per dwelling unit and they are maxed out with what they can do on the property with this
plan.
Slide #20
Zaningand Land Use Review
t�4q'i PL9TRCl�
p a
lat S'.fiYmt m.d at .. ..
ai �e hirY a r.
CYgiHR Truk. P—u.0 ' . p—i.6..d16J.rt6-6GA4..—
C-6mT— C..trn.Prmrd.3l�k�+rtr .Ytr L.It ihJvi.
"8•Y-v irar..
3 Car�err417.�r�. +
.S
� Crirnr�IJNMiriid
^_ T..P6."6 + • a
r hL.6,..1
It lww�
It s.I L.A.I:l * + +
A Lrka"lft—I + +
... Aryan I
+
C.,I I.AotrtrS Ace:kr
r
Orange County 2030 Comprehensive Plan.Appendix F ORANGE COUNTY
Taylor Perschau said the chart in slide #20 helped staff see if it was a suitable match for
the land use classification.
38
Slide #21
Daniel Jewell, Eden View Rezoning Application
.nr,v..,oeii, wuanvy,,,4.,Ka�Ma�wr wr�c,.+
Fujtgra LLr}d Usk j16M
— No proposed amendment
Resource Protection Areas
- sensitivp-enviroomentalresources _I
- Historically significant sites
• FPS#ur$S QUHSldcredsuabIiiIUble I
bcruuseof thelrlimltatiarls or =
unsuilabili[y for develpment
GRANGE COUNTY
"MIM I C_iROLINA
Taylor Perschau said the dark green area of the map on slide #21 is resource protection
property and it features wetlands, flood plains, and bottom land hardwood forests.
Slide #22
Site Plan Exhibit, Submitted by Applicant
_ j.d
ORANGE COUNTY
Taylor Perschau said there are a total of 38 lots with 75 acres of dedicated open space.
She said there is only road access from Dairyland. She said there is a gravel road but the
southside is for residents.
39
Chair Bedford said the fire department is right by the property to the north.
Slide #23
Landscape Plan Exhibit, Submittedb Applicant
_'
LIU�
ORANGE COUNTY
NOWn 1 CAROLINA
Slide #24
Public Notification
• Notices were mailed via first class rail to prop" owners within
1i000 ft. of the subject parcel on March 22,2023.
• Signs pasted the subjectparcelan March 20, 2023,
Application information has also been posted on the Planning
Department's"DurrentInte rest Prejects"webpage,
ORANGE COUNTY
X)FCFI I CAROLINA
40
Slide #25
Staff Analysis
• The proposal rneets minimum lot size and density Tequirements
(AR/Cane Creep Protected),
• A conditional rezoning is required only because it proposes 1+
lots.
The proposed rezoning is consistent with the Comprehensive
Plan. It is consistent with the Agricultural Land Use
classification and the zoning matdx in the Comprehensive Plan
(Appendix F), as required by the UDO.
ORANGE COUNTY
wk1FCf]I C_iROLINA
Slide #26
Applicant Presentation
ORANGE COUNTY
.L4O n I CARJH LIMA
41
Dan Jewell, the applicant, made the following presentation:
Slide #1
Eden View Acres
Hillsborough,
Orange Caunty Aoard of county -
SunToresf
Dan Jewell introduced Keith Brown, the partner with the Snipes family on the project. He
said that Keith Brown would be discussing more about the project.
Keith Brown said it is a very important project to him and to the Snipes family. He said
they have owned the land for over 200 years and that it is a very beautiful piece of land. He said
that his background is in architecture and design is the way to start a project. He said they want
them to use the flexible development conservation cluster so they can allow the property to
demand attention to what it needs for each lot. He said the tree coverage, streams, and viewsheds
can be enjoyed and empowered by the design. He said that they do not want to change. He said
that pastures have been farmed for 200 years and they want those to be protected in the design.
Slide #2
FlexNe Development
Conservation Clu5ter
Eden View Acres
<Y
42
Slide #3
r
Eden View Acres
I
Keith Brown said the design of the development is intended to complement the natural
beauty of the property. He said the view from the road will not significantly change.
Slide #4
,f
Eden View
Acres
Keith Brown said this is a place for the community to gather and for neighbors to get to
know one another.
Slide #5
AcresEden View
��
43
Slide #6
i View Acres
Keith Brown said it will feel very much like it has all along from the Dairyland Road side.
He said that you will progress through the space and there will be void and open space as it
transitions into the neighborhood.
Slide #7
PW
n space
Open Space ....
U.
Keith Brown said that the lot size provides a bit of privacy for each residence.
Slide44
' •a
,5pac
Acres
+ Ow2ra I I Slte=.l50.6 Rtros
C7Pen Space=76 acres(44�i of site} - �„ _ .
�rttalned forests antE F�srrrttr ��
Slide #9
e
+ Owerall5lte w i50.6 Rues �
C7Pen Space=76 acres(4096 of sate} �
�rttalnnd forests ant!Formtr
pastures}
.2 Ales '
s ,
45
Slide #10
r,
Keith Brown said that the lots will be of various sizes, and they did not choose five acres
per lot because they wanted to be able to use the fields as open space.
Slide #11
Homes `
a
■
Keith Brown said the land was originally created by a volcano and sits at 700 feet, offering
one of the highest vistas in Orange County. He said they want to preserve these views.
46
Slide #12
View from
DairylandRoad
r
r r
■
Keith Brown said that there is a new road into the site, but otherwise, no visible disruption
to the view shed from the road.
Slide #13
Existing Raad
-i Int6 Site
View from Orange A-,
• _ Road HLiUxes and
Farm Buildings
Hauser&Farrn �.
Sirc
Buildings
Keith Brown said the desires of the neighbors around the property were taken into account
as part of the design and they will only be able to see the tree line. He also said that the view
would also continue to show the pond and an additional screening will be added.
47
Slide #14
� 4
I
- i
}
JCF
Keith Brown said he hopes this can be a template for other farm owners who want to
develop their land but also keep the farm. He said this development enhances the farm.
Slide #15
•�-'x+ far� +�k t ��` I�
:del_.^rrritin�-.. .�r�o-'.�'-•r_.�....x..— �� 1
Dan Jewell continued the presentation. He said this is truly a very low intensity community
and that being able to cluster the lots, and saving the open space, means less infrastructure and
limits to impervious surfaces. He said these will be public streets. He said traffic is very low and
well below the capacity of the area. He said every lot is going to be within 300 feet of the open
space across the property. He said the entire community is going to be connected by over 3 miles
of recreation trails including some edible landscaping.
48
Slide #16
- L
'x r.anr ua. �— ' ' - ' Rvk•11 AL 1y�I�L�
� � �71Tn1- tiLLA 4y,IR4•lOIN
�f_�_� T• � 4 _ NfxLMAY-0YnL 1!
a]wiu41.M'r T —
m..51ir
n•M nail :-�� 41 l Y"I-.r-_- 1 '.� i
4y�•y - r Iui I�
IMM{v L..K
•'�Ir — 'liniilupl
�e -
r, F„ - F
Dan Jewell said they have been in contact with the Fire Marshall, and they have assured
her that the pond will continue to be designated as a fire pond. He said there were several
references to Durham, but updates have been provided to Planning Staff, so if this is approved,
the corrected documents will be memorialized. He reiterated that there are committed elements
that will be conditionally approved and will be enforced. He said those include the following
conditions: uses on the farm will continue to be limited to those allowed on existing farms;
additional plantings on lot 34 to ensure the view shed for an existing neighbor; the southern side
of the property will be marked "danger, no trespassing, farm equipment in use;" and there will be
a fence along the NE property line that has a no trespassing sign to keep people from a neighbor's
pond. He said that they will also notify prospective property owners of the shooting range on
property and that the property is in a voluntary agricultural zoning district.
Slide #17
I �
tiY
# i
r
nkYou
. D
i
49
Cy Stober continued with the staff presentation:
Slide #27
County Roles forReviewProcess
• Determine application and analyze prppQWd Zoning Ate+ endment
wish Comprehensive Plan
• Planning director Recommendation
+ Hear from the applit ant, staff,and the pubk
• Review and disouas ar wivoig and staff recomar►endation
• Recommend approval or denial to Board of County Commis5ionem
• Recommended Denial by a 7-3 Vole
*'Boa(d of County Cammis!5iLmers
•Sctoeduie and hadd pul:k bearing to reoe4ve appkaticn
•Beer from the aq*ant.star` a+ed the public
+RevAw and analysis and recommemdattans from:Ltatfarj Plawmirg Board
•Close pubic hear:rQ
ORANGE COUNTY
w 0Wn I CARLX-INA
Slide #28
CONDITIONAL DISTRICT- Overview
Enabling NC General Statute 9600.703_Toning Dittrlott.
• . Orange County Unified Deve ment ordinance
Section 2.9 Conditional Districts
Whatmakes • itf specific Wri
Individualized development wrrditi4n5.awtuagy
4 4 • agreed uwon by review authority and appdic-ant
• Staffan(3 Board ret<ommeredations and final
approval ar%a to be basod on whelher litre requart
- Is consistent with the purpose and Inte-nt of the
Ctx�rei7ens�We P'.ar�
ORANGE COUNTY
.X)KnI CAROLINA
50
Slide #29
Staff Analysis and Recommendation
• The proposal is -consistent with the allowed zoning -districts for the
Comprehensive Plan's Agriculturai Residential Future land Use.
F The Comprehensive Plans, AgHcultural Residential land Use is described
as a11jand in the rural areas where the prevailing land use activities are
related to the land (agriculture, forestry) and which is an appropriate
locmtion tarthe continuation of these uses."
ORANGE COUNTY
wk1FCf]I C_iROLINA
Slide #30
Staff Analysis and Recommendation
• Planning Director recommends approval of:
— The StatementofConsistancythat the amenUmentsarereasonable,in
the public interest.and serve land Use Goal 6 (Attachment 7), and
— The proposed ordinance to amend the Unified Development Ordinance
and Zoning Atlas Attachment8).
ORANGE COUNTY
.,X)Wn I CAROLINA
51
Slide #31
Planning Board Recommendation
• Planning Board reviewed R-CD zoning application at its April 5,
023 regular meeting
• Voted 10-0 to recDmmerld approval with specified cbgng s of
the request.
ORANGE COUNTY
wk1FCf]I C_iROLINA
Slide #32
Appiicant-Offered Conditions(Attach ment8)
1)I The pge5 on the farm and associatiM permanent conservatlon areas will"limIted to
only those us%that are currently allowed on existing larrus in the Orsrrge GrOv,-
G"InlunlLy as of the date of approval:
2) Ad did+]n a I p I ntings wl I I be add ed to the we�sti�rn property I I ne of lot#34 to$area,the
vlew I rom pwcei PIN 9841322556,
3) Tlie site property line will be marked with slignage that reads"DANGER,N43
TRESPASSING-1=ARM EQUIPMENT IN USE:'at Iats7through 11with signage f acing
both dint ons:
43 The develaperwill install a fence aiongthesharedprr}perty line with tax parcei9841-
7 3-4586;
5) Tliedevelaperivill notify prospective Rroperypurchasersc#thaEdtnViewsubdivision
fltthe Urremnce of a shooting range currently on the adjacent property_sa I o n g as that
use continues:
6) The developer will notify prospective property purchasers that this Is a voluntary
agriculture distrlCC _
'Cendillups 5pvcifiedIn PlhnningOuard motion ORANGE:COUNTY
wk]Flr7I CAROLINA
52
Slide #33
Recommendation forTonight
The Manager recommends the Board;
• Receive the rezoning application;
• Considerthe Planning Director's and Planning Board's
recommendations;
• Conduct the Public Hearing and accept public comment;
• Deliberate an the proposal, as desired; and
ORANGE COUNTY
wk1FCf]I C_iROLINA
Slide #34
Recommendation forTonight
• VoteToApprove or Dom[the Statement of Consistency
(Attachment 71 and the Proposed ordinance (Attachment 81
— Whtn adoptlrog or tejeatIN any ZWLng text or map amendment, I1*
[Gom,ttAsiornert]t#all approve a brG@I stateowl desoxll brig wluiher 4ts aotlorL Is
wnMstent or Jnxonsistent with arG ackVima-camprehearsiv& or ianil•usah pdan_
vow 10 0"r W b-$be4#CM1.a S1A4M#ImiCnwe
NCGS 160D$05
ORANGE COUNTY
. CX)Wn I CAP40LINA
53
Slide #35
Recommendation forTonight
• Vote Tb Approve or Derry the Statement of Consistency
Machment 71 and the proposed ordinance (A##achment 81
WK4n adopting or rejeatlreg any petition for a mming map amendment. a
statement a nalyzing the rea&onebleness of the proposed rezoning shall be
approved by the This statement or reasonableness may
consider...
(1)the slit,physical condlt►ons, and other attributes of the araa proposed to be
retuned,
{lI}the benefits and atrtments to th-e landowners, the neighbors, aced the
surroundmq communrty,
00 the relaticn5hip between the currertt actual and perfnissible developinef]t
on the Iract and adjoining areas and the deva4merrt that woLdtd be
permissrble under the proposed amendment;
(N)why the action taken is Pn Vie public FnWesE-and
(v)any charmed cond4ons warranting the anw dwrrt.
NCGS 150D-K5
ORANGE COUNTY
wk1FCf]I C_iROLINA
Commissioner Greene said she met with Dan Jewell and other members of his team a
few months ago. She said she recalled that the open space on the left-hand side of the property
would be leased to farmers and that there would be minimal infrastructure for community gardens.
Dan Jewell said the first is still part of the proposal. He said there will be an operator to
continue some type of agriculture, but also expand it in some way. He said that is absolutely still
the intent.
Keith Brown said the gardens will be designed for homeowners to have their own gardens.
Commissioner Greene said those two items are very important to her.
Commissioner Richards asked how the architectural review board works with the county.
Cy Stober said that the plotting of lots, the road design, the landscaping and the amenities
must all be provided as approved. He said that the design of the homes will be reserved
exclusively for architectural review board.
Commissioner Richards said that one concern the Board has stated is that these are public
roads, and it will not be a gated community that is shut off from everyone else. She clarified that
the comments about fencing are only for the individual lots.
Cy Stober said perimeter fencing is included as a condition in the plan, but the other fence
reference is for individual lots.
Commissioner Hamilton asked about the gated access for emergency vehicles and how
quickly it can open.
Dan Jewell said all emergency services will have a key, as well as the operator of the
farm, and the fire department. He said they have a universal key - that is a pair of bolt cutters -
they can also use to get in.
Commissioner Hamilton asked if the trails in the community would be public.
Dan Jewell said the trails are intended for the benefit of the residents of the community
and their guests.
Commissioner Hamilton said the information discussed the wells and water but not the
septic systems. She asked how the septic systems will be set up to protect water quality and
safety.
54
Dan Jewell said they have identified a perc site and well site for every lot that meets all of
the setback requirements. He said that has been reviewed by Environmental Health and they
were told they met the requirements, and the permits would be pulled at the time of construction.
Commissioner Fowler asked to see the trails.
Dan Jewell pointed out the nature trails from a slide in the staff presentation.
Commissioner Fowler asked how the water requirements for the farm impact the water
usage.
Cy Stober said farms are exempt from many local regulations but not the residential use
for a farm. He said that even on a farm, there could be no house.
Commissioner Fowler asked how it affects the regulations for the homes per acre if they
are using water for farming.
Cy Stober said the water consumption is not a reason for the five acres. He said it is for
Cane Creek and the reservoir but not the onsite water supply.
Commissioner Fowler asked if the 38 lots can count the farmland as their land even if the
farms use water for farming.
Cy Stober said that is correct.
Dan Jewell said the reason there is a large farm pond out near Orange Grove Rd. is
because it was built to provide water for agriculture. He said that the pond would be used as
needed to pull water for agriculture. He said there will not be a residence on the farm side, but
they could have a bathroom in the barn and install a septic system. He said that each resident
can put a garden on the property where they want, and it is not regulated.
Commissioner Fowler asked where the residents could put their gardens.
Dan Jewell said that it is not regulated.
Commissioner Greene said she understood that each lot would have infrastructure for a
garden, so his answer was confusing. She said she really liked the idea of providing space for
gardening.
Dan Jewell said that everyone can have a garden on their lot and there could also be a
community garden.
Commissioner Greene clarified that she was asking if there is a space designated on each
lot on where to place their personal garden. She said she liked the intentionality of the gardens.
Keith Brown said they will design the lots to include the best prospect of a garden but will
not require everyone to have a garden. He said they will design the place for a garden the same
way they will design the best space for the house, but they will work with the customer on all
aspects of the lot.
Commissioner Greene said the document states that it is ok to have a clothesline. She
said it should also say that it is ok for a community garden.
Keith Brown said he could add that in. He said there are also other questions they will
address such as the allowance of chickens and roosters.
Vice-Chair McKee said that he has spoken to some of the landowners and knows they
have addressed some concerns and he asked if they have addressed every concern of adjoining
landowners.
Keith Brown said they have tried but there is always a possibility that there will be
additional concerns. He said they are not closed off to continuing that conversation and would
address each as they come about.
Vice-Chair McKee said he heard that the agricultural uses will match existing uses in
Orange County and also that a farmer may continue to tend to the open space. He asked what
the plan is if the desires of the property owners do not include the ability for the farming to
continue.
Keith Brown said they are designing it so the land continues to produce. He said that it will
be enhanced and developed as time goes by.
Vice-Chair McKee asked about the pond for irrigation.
55
Keith Brown said it is needed for irrigation.
Vice-Chair McKee said that the ARB is in progress, but he thought they were looking at
specific conditions.
Keith Brown said he was told by Planning staff that the ARB document did not have to be
finished at this time and could develop as time goes by and homeowners take control.
Vice-Chair McKee asked if they have talked to the gentleman who does firearm training
and what guarantees he has been given that neighbors moving in will not try to shut it down.
Keith Brown said they made a commitment to support it and have documented that. He
said they are not trying to regulate the law, but they can make sure that everyone that moves
there knows they are in support of it.
Vice-Chair McKee said there are no guarantees to keep that even if the developer
supports it. He asked if there are any controls that could protect the range.
John Roberts said existing firing ranges are protected by state law and cannot be
regulated by the county or other local ordinances.
Chair Bedford said she was surprised to see the ARB because generally commissioners
do not regulate or rule on those.
Keith Brown said he would rather not include it because there is a lot to be addressed in
the future. He said that to discuss these issues at this point is premature.
Chair Bedford said the one they were presented with said that the community would be
built sustainably, and it was very focused on that. She said that the requirement for front lawn
irrigation is not one that she agrees with and was glad to see it removed.
Keith Brown said they did not intend to ever include that language and it was leftover from
a previous version of a document. He said they really wish they had not included the ARB
document because once it is finalized in the future it will not be recognizable to this draft version.
A motion was made by Vice-Chair McKee, seconded by Commissioner Fowler, to open
the public hearing.
VOTE: UNANIMOUS
PUBLIC COMMENT:
Ben Morgan said he lives at 5115 Dairyland Road. He said he appreciates Vice-Chair
McKee's comments about the firing range. He said he is a firearms instructor for his police
department and uses his property for training and qualification. He said that he fears there will be
increased calls for service for the Sheriff's Office and that future residents will have issues. He
said construction equipment is going to increase noise issues. He said that increased traffic will
cause accidents. He said there is a significant coyote, wild turkey, deer population and people
hunt there. He said that coyotes will be driven out and he has already lost livestock to coyote. He
asked them to deny the rezoning.
Anne Hawkins submitted a written copy of the story of the farm to the Clerk to the Board.
Susan Walson said she is thrilled that the voluntary agricultural district is included as a
disclosure for the buyers. She asked since the property falls under bona fide farm exemption; will
the exemption go away if the county approves this. She said they have a concern that if the bona
fide farm exemption is in place, they do not have to go to the county for any zoning changes. She
said that if they use the farming area for any other purposes, they could use the farm exemption
to create a farm stand and other purposes that are filed under agri-tourism, and the state statute
says they would not have to go to the county because it is conditional zoning. She said she is
interested to hear what the Planning Department would say.
Beth Murheed said she would like to know that everything the applicant has said tonight
is going to be permanent and cannot change. She said that is what she is concerned about. She
56
said that she raises racehorses and pine trees and that she lives near the property and does not
want to have any problems or surprises down the road.
A motion was made by Vice-Chair McKee, seconded by Commissioner Hamilton, to close
the public hearing.
VOTE: UNANIMOUS
Chair Bedford asked Cy Stober to answer the questions brought up during public
comments.
Cy Stober said everything brought forward is binding and that any deviation would have
to come back to public hearing to rezone the property. He said that the bona fide farm exemptions
do apply currently and there are four qualifying exemptions. He said the subdivisions of land
would require recertification for any remaining parcels to be considered a bona fide farm and, if
that is the case, then new residents would not be permitted but agricultural uses would be.
Commissioner Fowler asked if each residential property will be taxed as a residence rather
than a farm.
Cy Stober said that until the lots are platted, they are not under county regulation.
Chair Bedford asked him to define platted.
Cy Stober said that the hope is that plats will be recorded all at once. He said there would
be a dedicated right of way and that will also have to come back to a public hearing.
Vice-Chair McKee said he is curious as to the timing of loss of present use value. He said
that at the moment he signed the purchase contract he lost his present use value immediately.
Dan Jewell said that Vice-Chair McKee was correct and if you sell the property, you lose
the present use value. He said that he is not familiar enough with bona fide farm status to
understand how that will play in.
Commissioner Greene asked if the HOA will own the open areas.
Dan Jewell said yes.
Commissioner Greene asked if it will be incumbent on the HOA to file for classification of
any of those open areas to meet the bona fide farm classification.
Dan Jewell said yes, the HOA would have to do that.
John Roberts said once the HOA takes ownership of the remaining open space areas,
they would be responsible for meeting the standards of the state statutes for agricultural use and
to keep it in present use value.
Commissioner Greene asked if the HOA did not file to keep the status could they still farm.
Dan Jewell said yes. He said bona fide farm status just gives more rights.
Commissioner Greene said it is in the interest of the HOA to file for bona fide farm status.
Chair Bedford said it does not impact taxes; it just impacts use.
Vice-Chair McKee asked if the present use value is tax rated and if it cuts your taxes by
90%. He asked if the HOA would own the property as tenants in common.
John Roberts said if the HOA owns the areas and engages in farming activity then it could
meet the statutory standard for farm use.
Commissioner Fowler asked if the HOA will own the farm.
Dan Jewell said yes, and they may find another farmer to farm it.
Commissioner Fowler asked if berries along a trail count as farm use.
Dan Jewell said no.
Vice-Chair McKee said his wife and her brother own a farm within '/2 on the other side of
Orange Grove Road and it is not within sight line of this property. He said he is going to support
this, but does not believe that this will continue to act as a farm. He said the 38 families who move
there will likely not be interested in farming. He said it would be a nice residential development.
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He said that view shed will only last as long as people don't plant trees along the property line.
He said he hopes that will not happen. He said he has no objections to the proposal.
Commissioner Greene said the landscaping requirements in the ARB documents list
several species of plants that are invasive. She said the county requires native drought-resistant
plants. She said the plants they suggest in the design do not meet those goals and said she would
like for them to change.
Keith Brown said that document is not finished, and he wants to specify that they are
indigenous plants. He said that he hopes the HOA will help in maintaining individual gardens.
Commissioner Greene said she likes the commitment in favor of drought-resistant plants.
She said she did appreciate meeting with them, but what they are seeing is much less of a farm
friendly development than she hoped to see. She said she hopes through this conversation there
will be more commitment to keeping farmable land.
Keith Brown said that is the intent.
Commissioner Greene said the county has a Dark Sky ordinance, but she thinks there
should be some negotiations on spillover light. She offered a condition that said, "Applicant shall
limit spillover and night sky elimination within the NCDOT Right of Way to the extent permitted by
the NCDOT."
Keith Brown said they can do that.
Commissioner Hamilton asked if for tax purposes, if the land owned by the HOA would be
taxed at a different rate.
Cy Stober said if it is classified as a bona fide farm, it is typically appraised at 10% of its
market value.
Commissioner Hamilton asked if once the land is sold to the HOA, if it loses its designation
and has to reapply; and if approved, that they have a larger range of permitted farming activities.
Cy Stober said under 160D-903, all zoning land use regulations cease to apply when it is
a farm related activity. He said a residence would not qualify.
Commissioner Hamilton said it is unclear what is not allowed.
John Roberts said there's very little that's not allowed. He said that the legislature has
consistently expanded farm activity in the last ten years. He said that this helps farmers make
money, but they have also invited commercial activities onto farms and into rural areas and the
county then has no regulatory authority.
Vice-Chair McKee said he does not think there is a chance that the HOA will run a farm.
He said that there will be 38 homeowners of $1 million homes and they are not going to want a
farm. He said he sees the HOA instituting an HOA fee to upkeep this property. He said farming is
an intense and difficult process. He said that from his standpoint, it should be looked at as a
residential development. He said present use value and bona fide farm status is an issue he is
familiar with and has been dealing with for 55 years and he still does not understand it.
Commissioner Fowler asked about the tax classification of the other open spaces within
the neighborhood.
John Roberts said the farm use exemption as it relates to local government is applicable
to the landowner, not the property. He said that the landowner gets the exemption for the property
that is in farm use. He said, without more information on what the other areas are used for, that
he cannot give an accurate answer as to what the other areas would be considered.
Commissioner Fowler asked if the Tax department will decide that.
John Roberts said if the HOA gets a farm use exemption they would apply to the Tax
department, and it would depend on what lands were submitted.
Commissioner Fowler asked if you can submit it for all portions of the land if you are just
farming part of it.
John Roberts said he did not know.
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Vice-Chair McKee said it is set up on the use value. He said that if the HOA owns the
various open spaces, he believes they would all be considered under then and it would have to
be 10 acres or more and generate at least $1,000 in revenue.
Commissioner Greene said she is not willing to give up on the idea that this could be a
very interesting farm on the western end. She said that she wants the applicant and County
Attorney to come up with language for a condition that stipulates keeping that part of the land in
farm use and if it changes it would have to come back to the Board. She said that because it is
high-end residential, she does not see it becoming an annoying use. She said that the idea that
it could be a bona fide farm does not bother her. She said that there could be small farming
activities put into use.
Commissioner Richards said she is happier that there are 38 lots and there is an effort
with design to maintain the opportunity for open space and farming and it is a low-density project
that maintains a rural nature. She said that this could have easily been something else, but they
have taken the opportunity to encourage agriculture and that is what she can support. She said
she worries about dictating a future that the Board cannot control. She said she thinks that
encouraging that and working with the developer to incentivize that would be a good outcome.
She said that she is touched by the statement of the family that owns the property and their love
for the land. She said that her family owns 80 acres that her grandparents bought in Mississippi
at the beginning of the century, and they are holding on to that because of what it meant to them.
She said the family's investment in this project is what she gravitates to.
Commissioner Greene said she met with the developers and owners early on when they
were on board to have a working farm.
Chair Bedford said she did not favor the proposal and did not think there was majority
support.
A motion was made by Chair Bedford, seconded by Commissioner Richards, to approve
the Statement of Consistency(Attachment 7) and Zoning Atlas Amendments (Attachment 8), with
the addition of the following condition:
• "The Applicant will minimize spillover and night sky elimination within the DOT right of way
to the extent permitted by the DOT".
Commissioner Fowler said she hopes that the farm use continuance will be the case.
Vice Chair-McKee said that he does not like to wordsmith on the fly, but he understands
Commissioner Greene's concern.
Commissioner Greene said she appreciates the concern and if they were serious about
the wording they could move to postpone and have more discussion.
VOTE: Ayes, 6 (Commissioner Portie-Ascott, Commissioner Hamilton, Commissioner
Fowler, Chair Bedford, Vice-Chair McKee, Commissioner Richards); Nays, 1
(Commissioner Greene)
MOTION PASSES
Commissioner Fowler said in a previous meeting for a different matter, she was requested
to be specific about reasonableness when making a motion to deny a rezoning amendment.
Cy Stober said that if the Board wishes to vote to deny, there is always available to the
Board a reasonableness denial or a consistency denial.
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6. Regular Agenda
a. Proposed Orange County FY 2023-2024 Annual Action Plan and HOME Activities
The Board considered adopting a Resolution authorizing submission of the FY 2023-2024 Annual
Action Plan; adopting a Resolution approving the proposed HOME Program Activities for FY
2023-2024; and authorizing the County Manager to implement the HOME Program as approved
by the BOCC, including the ability to execute agreements with partnering nonprofit organizations
after consultation with the County Attorney and based on the allocation received from HUD.
BACKGROUND:
Annual Action Plan
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.
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 completed the
Annual Action Plan based on the HOME award recommendations made by the Local Government
Affordable Housing Collaborative, detailed in the section below.
A public comment period, as required by HUD, was held March 31 — May 1, 2023, and a public
hearing was held on the draft Annual Action Plan at the April 4, 2023 Orange County Board of
Commissioners Business meeting. Public notice of the hearing was posted in The Herald Sun
and La Noticia. Staff posted copies of the draft Annual Action Plan on the Orange County Housing
Department website, and circulated a link to the website and draft plan by public notice in the
newspapers listed above. Staff conducted outreach by email to over 100 housing and homeless
service providers nonprofit organizations, government entities, elected officials, and interested
residents. All comments will be incorporated into the final Annual Action Plan to be submitted to
HUD.
HUD requires staff to submit the FY 2023-2024 Annual Action Plan on or before May 15, 2023.
The Board of County Commissioners is therefore asked to consider approval of the attached
resolution (Attachment 2) authorizing submission of the Annual Action Plan.
FY 2023-2024 HOME Program Activities
For FY 2023-2024, Orange County has received the following HOME resources:
FY 2023-2024 HOME Funds $ 429,496.00
HOME Program Income $ 13,306.00
Local Match $ 96,636.60
Total $ 539,438.60
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:
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Applicant and Project Funding Funding
Requested Awarded
CASA— Pre-Development and Rental Development $512,000.00 $446,489.00
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 $ 539,438.60
A summary of the awarded projects can be found in Attachment 3.
In accordance with the Orange County HOME Consortium Agreement, approved in May 2011,
the HOME Program Design for each year must be approved by all jurisdictions prior to submission
to HUD. The HOME Program Design is scheduled for approval by the:
• Town of Carrboro on May 2, 2023;
• Town of Chapel Hill on May 3, 2023; and
• Town of Hillsborough on May 8, 2023.
The Board of Commissioners is therefore asked to consider approval of the attached HOME
Program Design Resolution (Attachment 4).
HOME Program Implementation
After approval of the FY 2023-2024 HOME Program Design by all Consortium participants,
authorization is requested to allow the Orange County Manager, based on the HUD allocation
received, to execute agreements with partnering nonprofit organizations as necessary to
implement the approved HOME Program Design. All agreements will be reviewed and approved
by the County Attorney's Office.
Corey Root, Housing and Community Development Director, introduced the item and
reviewed the background information.
A motion was made by Commissioner Fowler, seconded by Vice-Chair McKee, to adopt
the Resolution authorizing submission of the FY 2023-2024 Annual Action Plan; adopt and
authorize the Chair to sign the Resolution approving the proposed HOME Program Activities for
FY 2023-2024; and authorize the County Manager to implement the HOME Program as approved
by the BOCC, including the ability to execute agreements with partnering nonprofit organizations
after consultation with the County Attorney and based on the allocation received from HUD.
VOTE: UNANIMOUS
7. Reports
None
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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 Vice-Chair McKee, seconded by Commissioner Hamilton, to
approve the consent agenda.
VOTE: UNANIMOUS
a. Minutes
The Board approved the draft minutes for the March 9, 2023, March 14, 2023, and March 21,
2023 BOCC Meeting as submitted by the Clerk to the Board.
b. Motor Vehicle Property Tax Releases/Refunds
The Board adopte4d a resolution to release motor vehicle property tax values for seven (7)
taxpayers with a total of seven (7) 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 four (4) taxpayers with a total
of twelve (12) bills that will result in a reduction of revenue.
d. Approval of Memorandum of Agreement between the Orange County Board of
Commissioners and North Carolina State University
The Board approved and authorized the Manager to sign a Memorandum of Agreement between
Orange County and North Carolina State University (NCSU) that will define the individual
relationships and mutually agreed upon responsibilities of NCSU and Orange County Government
in the operation of the Orange County Center of North Carolina Cooperative Extension.
e. North Carolina Local Government Commission Audit Contract with Mauldin &Jenkins,
LLC — First Renewal
The Board:
1) Approved the first of two one-year renewal options for Mauldin & Jenkin, LLC to perform
full audit services which includes financial, single audits and financial statement
preparation; and
2) Authorized the Chair and Finance Officer to sign the North Carolina Government
Commission audit contract on behalf of the BOCC pending staff and attorney review.
f. Application for North Carolina Education Lottery Proceeds for Chapel Hill Carrboro City
Schools (CHCCS) and Contingent Approval of Budget Amendment #8-B Related to
CHCCS Capital Proiect Ordinances
The Board approved an application to the North Carolina Department of Public Instruction
(NCDPI) to release proceeds from the NC Education Lottery account related to FY 2022-23 debt
service payments for Chapel Hill Carrboro City Schools (CHCCS), and approving Budget
Amendment#8-B, contingent on the NCDPI's approval of the application.
g. Application for North Carolina Education Lottery Proceeds for Orange County Schools
(OCS) and Contingent Approval of Budget Amendment #8-C Related to OCS Capital
Proiect Ordinances
The Board approved an application to the North Carolina Department of Public Instruction
(NCDPI) to release proceeds from the NC Education Lottery account related to FY 2022-23 debt
service payments for Orange County Schools (OCS), and approving Budget Amendment #8-C,
contingent on the NCDPI's approval of the application.
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h. Older Americans Month Proclamation
The Board approved a proclamation joining Federal and State governments in designating the
month of May as Older Americans Month and a time to honor older adults for their contributions
to the community.
i. Provider Appreciation Day Proclamation
The Board approved a proclamation designating May 12, 2023 as Child Care Provider
Appreciation Day in Orange County.
j. Mental Health Awareness Month Proclamation
The Board approved a proclamation designating May 2023 as Mental Health Awareness Month
in Orange County.
9. County Manager's Report
Bonnie Hammersley reminded the Board of the upcoming Budget Public Hearing on May
9, 2023 beginning at 7:00 pm at the Whitted Building. She also recognized the retirements from
January 1, 2023-March 31, 2023, which were provided as an Information Item.
10. County Attorney's Report
John Roberts said he wanted to address Commissioner Fowler's question to Cy Stober.
He said the Planning Director and the Planning Board recommended approval of the conditional
rezoning request tonight, and Planning staff provides the Board with a Statement of Consistency
that includes a Statement of Reasonableness as part of the recommendation. He said because
the last conditional rezoning request was denied by the Board, the Statement of Consistency
provided by the Planning staff was not appropriate, which was why the Board had to make a
statement of unreasonableness. He said he does not think it would be appropriate under the
ordinance for a Planning Director to provide both a recommendation to approve and a
recommendation to deny in the same agenda packet, and it would be confusing to the Board and
to the public to have competing documents.
Commissioner Fowler thanked John Roberts for explaining the reason for the difference.
11. *Appointments
None
12. Information Items
• April 18, 2023 BOCC Meeting Follow-up Actions List
• Tax Collector's Report— Numerical Analysis
• Tax Collector's Report— Measure of Enforced Collections
• Tax Assessor's Report— Releases/Refunds under$100
• Memorandum —Orange County Participation Results of the Solarize the Triangle
Program
• Memorandum — Recognizing Retirements from January 1, 2023 through March 31, 2023
13. Closed Session
None
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Adjournment
A motion was made by Commissioner Fowler, seconded by Commissioner Richards, to
adjourn the meeting at 9:51 p.m.
VOTE: UNANIMOUS
Jamezetta Bedford, Chair
Recorded by Tara May, Deputy Clerk to the Board
Submitted for approval by Laura Jensen, Clerk to the Board