HomeMy WebLinkAboutMinutes-06-06-2023-Business Meeting Con'd 1
APPROVED 9/5/23
MINUTES
ORANGE COUNTY
BOARD OF COMMISSIONERS
BUSINESS MEETING
June 6, 2023
7:00 p.m.
The Orange County Board of Commissioners met for a Business Meeting on Tuesday, June 6,
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.
Chair Bedford noted the presence of Spanish language interpreters in the meeting. An
interpreter explained what resources were available to anyone needing assistance during the
meeting.
1. Additions or Changes to the Agenda
Chair Bedford read the public charge:
The Board of Commissioners pledges its respect to all present. The Board asks those attending
this meeting to conduct themselves in a respectful, courteous manner toward each other, county
staff and the commissioners. At any time should a member of the Board or the public fail to
observe this charge, the Chair will take steps to restore order and decorum. Should it become
impossible to restore order and continue the meeting, the Chair will recess the meeting until such
time that a genuine commitment to this public charge is observed. The BOCC asks that all
electronic devices such as cell phones, pagers, and computers should please be turned off or set
to silent/vibrate. Please be kind to everyone.
A motion was made by Commissioner Hamilton, seconded by Commissioner Richards, to
move the consent agenda after item 3 in the agenda, and to add item 8-s to the consent agenda.
VOTE: UNANIMOUS
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.)
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3. Announcements, Petitions and Comments by Board Members
Commissioner Fowler had no comments.
Commissioner Greene had no comments.
Commissioner Hamilton said she gave remarks at the opening of the Waterstone Fire and
EMS Station. She said the facility was designed with the input of public safety and is a testament
to the cooperation between Orange County, Orange Rural Fire Department, the Town of
Hillsborough, and all volunteers and first responders. She said she went to the Hargraves
Community Center on May 20t" for the Be Well Resource Fair and Family Fun event. She said
there was a lot of information on mental health resources in the community. She said one item
that caught her attention was discussion about a psycho-active substance called Delta 8. She
said products containing the substance have similar packaging to candy products that children
might buy. She said Delta 8 is legal because it is synthesized from hemp. She said it is important
for the community to recognize that companies are using packaging to lure children into thinking
something is candy. She said it has been brought up at the Health Department, but seeing the
packaging made her realize the extent of the problem.
Chair Bedford said the Board of Health was re-accredited. She said that the Board will
hold their last budget work session on June 8'. She said if anyone had comments, to please get
them to the Board. She said the Board typically does not make any changes to the budget
between the last budget work session and the date of adoption.
Vice-Chair McKee expressed appreciation to everyone in attendance at the meeting.
Commissioner Portie-Ascott also thanked everyone in attendance at the meeting. She
said she completed the ethics requirement for local elected government officials. She said she
attended the Juvenile Crime Prevention Council meeting. She said they wanted to increase the
diversity of the committee and to hear from all members of the community. She said they are
looking for people under 21 years of age and in particular people from the Latino and Asian-Pacific
Islander communities. She said they are also looking for people from the Parks and Recreation
and business communities.
Commissioner Richards had no comments.
As amended earlier in the meeting, Commissioner Fowler made a motion to approve Item
8 — Consent Agenda, with the addition of item 8-s. Vice-Chair McKee seconded the motion.
VOTE: UNANIMOUS
4. Proclamations/ Resolutions/Special Presentations
None.
5. Public Hearings
a. Public Hearinq Regarding Proposed Performance Agreement Between Orange County,
North Carolina and Terra Equity, Inc., and Approval of Budget Amendment#10-A
The Board:
1. Received information and held a public hearing on the issuance of a performance-based
agreement by the County to a private development company;
2. Approved the proposed performance-based agreement, with claw-back provisions, for the
extension of public utilities (water and sewer) into the Hillsborough Economic
Development District; and
3. Approved Budget Amendment#10-A.
BACKGROUND: Beginning in FY 2014-15 and extending through FY 2017-18, the County
budgeted a total of$2,590,000 (funded through the County's Economic Development Portion of
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the Article 46 Sales and Use Tax) to extend public water and sewer infrastructure to the
Hillsborough Economic Development District (EDD). The Hillsborough EDD is an Economic
Development Transition Zone containing approximately 160 acres of land served by Diversity
Drive and located near the intersection of Old NC 86 and Interstate 40 in Hillsborough, North
Carolina. The general footprint of the Hillsborough EDD is identified on the following map.
Hillsborough Area EDD CIP Project Area
- I
PROPOSED
, RTLP PROJECT
.� 4k
Streams Future Land Use City Limits
_Water Bodies 10 Year Transifion ETJ
• �Water Supply Watersheds 20YearTransition Activity Nodes
Q OCICHICA Joint Planning Area Rural Residential Economic E)evelopment Transition
COIJNTV A uEsl
Rural Buffer — — o—g,—ec snsnozs mares
The County completed the design, permitting, and easement acquisition activities for the
Hillsborough Area EDD Phase 1 Water and Sewer Extensions project in late 2018, which would
have extended Town of Hillsborough public water and sewer service under Interstate 40 and
south of Interstate 40 to the eastern and western boundaries of the Hillsborough EDD. The
County would have served as the project owner and manager. The primary purpose of the
County's original project was to provide"backbone infrastructure"to service the Hillsborough EDD
and facilitate development within the EDD. Public utility installation within the County's Economic
Development Districts is a primary use of the Article 46 One-Quarter-Cent Sales and Use Tax.
Revenues from the additional Article 46 tax, approved by voters on November 8, 2011, are split
equally between Education and Economic Development. The funding allocation originally
evidenced by a Resolution approved by the Board of County Commissioners on June 21, 2011
was renewed for an additional 10-year period on September 6, 2022.
The County received construction bids for the Hillsborough Area EDD Phase 1 Water and Sewer
Extensions project in early 2019, and the lowest qualified bid was $4,527,383, or approximately
$1.9 million over the budgeted amount. The County paused the original project as staff evaluated
alternatives to decrease the construction cost. All regulatory permits for the Hillsborough Area
EDD Phase 1 Water and Sewer Extensions subsequently expired in 2021/2022.
At its October 20, 2020 Business meeting, the Board of County Commissioners approved a
Master Plan Development Conditional Zoning District (MPD-CZ) for the proposed "Research
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Triangle Logistics Park" (RTLP) project to develop property in the Hillsborough EDD that would
be served by the public water and sewer extensions very similar to those originally proposed by
the County. The approval allows for up to 2.4 million square feet of light industrial development
to occur on the RTLP site, shown in red outline on the map above.
The developer (Terra Equity, Inc.) has coordinated with County staff, Town of Hillsborough staff,
and applicable State and Federal agencies to reacquire all regulatory permits specific to the offsite
public water and sewer infrastructure within the Hillsborough EDD that would be required to
adequately serve the proposed RTLP development. On March 13, 2023, the Town of Hillsborough
Board of Commissioners approved a Water/Sewer Extension Contract with the developer,
allocating 108,000 gallons per day of public water/sewer capacity. The Water/Sewer Extension
Contract has now been signed by both the Town and the developer.
As currently designed, the offsite public utility project is located within public rights-of-way and/or
recorded public utility easements and includes approximately:
• 4,150 linear feet of 12-inch diameter water main,
• 3,520 linear feet of 8-inch diameter water main,
• 1,520 linear feet of 12-inch gravity sewer main, and
• 1,190 linear feet of 8-inch gravity sewer main.
The proposed public water lines will help improve public water service to the project vicinity by
providing a "looping" of the existing public water mains from Old NC 86 to New Grady Brown
School Road. The proposed water line loop will allow for:
• Redundancy in the event of an isolated water main break/repair,
• Improved residual chlorine content for better long-term water disinfection,
• Improved available water pressure and volume, and
• Better fire suppression needs for the local area.
The proposed public gravity sewer mains will extend the existing public sewer system from the
north side of 1-40 to the south side of 1-40 via a proposed bore and jack underneath 1-40. Terra
Equity, Inc. will serve as the project owner and project manager for the installation of the offsite
public water and sewer extensions associated with the RTLP development.
Economic Development Approach: Local and state governments in North Carolina have the goal
to promote economic development by encouraging the location of new businesses and the
expansion of existing businesses. This activity serves to diversify the local tax base, increase
employment opportunities and introduce desired job skills and related benefits to a community,
and for the benefit of its residents. The Local Government Act, North Carolina General Statute
(NCGS) 158-7.1, outlines the requirements of public hearings, and NCGS 158-7.1(a) specifically
addresses the requirement that economic development appropriations "must be determined by
the governing body of the city or county to increase the population, taxable property, agriculture
industries, employment, industrial output, or business prospects of the city or county". The
proposed public hearing as presented here has been scheduled in compliance.
The proposed Performance Agreement between the County and Terra Equity, Inc. outlines the
offsite public sewer and water infrastructure project in two phases, as follows.
Phase 1 — This phase includes the public water and sewer main extensions that are required to
reach and serve the proposed RTLP development. The County will reimburse Terra Equity, Inc.
fifty percent (50%) of actual costs incurred for Phase 1, up to $2.2 million, assuming a total cost
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for Phase 1 to be $4.4 million. However, if the total costs for Phase 1 are less than $4.4 million,
the County's contribution will be less than $2.2 million. If the total costs are more than $4.4 million,
the County's contribution is capped at$2.2 million regardless of the actual costs incurred by Terra
Equity, Inc.
Phase 2 — This phase is specific to the offsite public water line loop that will connect the public
water mains located within the EDD to the existing dead-end public water main located at the end
of New Grady Brown School Road. For this phase, the County will reimburse Terra Equity, Inc.
the actual costs of Phase 2, up to $950,000. If the actual costs for Phase 2 are lower than
$950,000, then the County will pay the lower amount. If the actual costs for Phase 2 exceed
$950,000, then Terra Equity, Inc. will be responsible for those additional costs.
The total potential County commitment under the proposed Performance Agreement is $3.15
million. The County will retain ten percent (10%) of the total potential County commitment
($315,000) until fifty percent (50%) of Phase 2 is completed. Thereafter, the amount retained will
decrease to five percent (5%) of the total County commitment ($157,500) for both phases. An
engineer will verify these milestones, and final completion is dependent on the Town of
Hillsborough accepting the new infrastructure into the Town's public water and sewer systems.
Travis Myren made the following presentation:
Slide #1
Agenda Item 5-a
ORANGE COUNTY
1%4C�RT'H C-ARC)LINA
Performance Agreementwith Terra Equity, LLC
to Extend Public Utilities in the
Hillsborough Economic Development District
Board of Commissioners Business Meeting
June 6, 2023
6
Slide #2
Purpose
• Hold a public hearing on a proposed performance agreement between Orange County and
Terra Equity,LLC{developer of the Research Triangle Logistics Park}to install public utilities
into the Hillsborough Economic Development District(EDD)
Consider approval of the performance agreement
Con sider approval of a budget amendment to repurpose existing budgeted funds to provide
the funding required by the performance agreement
ORANGE COUNTY
NORYI I CAROL]NA
Slide #3
Background
• Started as County Water and Sewer Rrokect in 2015
scope was to extend putIic water and sewer 8oMee under Interstate 40 to the boundary of the HIftborough
EDD intended to-spur ecorromlc development activlly
— Goumy would have served as the project owner and manager
— TotE1 approved budget of$2,590.000
Feasibility and design work commenced
County received sealed bids in 2019
— The lowed bld for the prolecl was$4.527,9 83
— Approximately $i_9mlllion over the budgmad amotont
— Staff berm Io evaluale alternatives to dec reaee the constrmlion east
No development aotivllyto thm polrrt
ORANGE COUNTY
1 NQRYI I CAP-01-INA
Slide #4
Background Hi llsboroug h Area EDD C IP Project Area
5
• Board approved a conditional
rezoning for the Research
Triangle Logistics Paris(RTLP) •
in Oclober2020
I
County staff engaged the
developer on potential ' 5",
approaches to installing water
and sewer infrastructure
given the ounty's limited
budget
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pMSCILUJo1RP4rn7pAw
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Slide #5
Proposed Performance Agreement Framework
■ Developer to share costs of utility installation and serve as owner and project manager
Allows the develope r to potentially leverage!better prlc Ing
— Removes the County from the risk of project management arai cosl overruns.
■ Project split into two phases
ORANGE COUNIFFY
5 lti C TUYL L CA R.OLI NA
8
Slide #6
Proposed Performance Agreement F!n and al Terms
Phase 1 — Public Utility Connection Under PROPOSED
fntCfS �S PUALICSE' ER EXG4FEi0CiTIN4
EXTENSION ,errHPueuc
� oluxrfSEWe91Uul ;
Reimburse the developer fifty percent(5D%)of actual + ki
oasts incurred.up to 32.2 millW. + ,• i f
} E 03TNC irrlKll
— If the total east is less than 54.4 milion, khe Cwnty's ti Poluc WATER tlAw
centributlon wH be less than 52.2 million ,
P1-P111E1;r,'Ll
If the total costs are mare than $d-d mlllim, the
Counly's contribution Fs capped at$2.2 million
regardess of the actual costs incurred by the developer
0RANGE CNFFY
d NORTL L[=A 6LOL]NA
Slide #7
Proposed performance Agreement Finn n c I a I Terns
Phase 2—Waterline Loop Required by the
Town of HillsboroughOf
Reimburse fire developer the ackral costsof Phase 2, i
up to$950,000 •
r ,..
— If the actual casts are lower than$950.000.the County
wil pay the lower amount
If the costs exceed 59M,OW.the developer Is h
respomlble for those costs
w
— Allows for redundancy in the event of an isolated water
min breaklrepalr
Helps provide mare effectivedFSlnfectlon,and
Increases water pressure and volLow which ImpmNes gg,,t ilk
fire suppression capabilities
4
QRANGE CQUNTY
7 N[7TM L CAPJDLINA
9
Slide #8
Proposed Performance Agreement Financial Terms
• Total maximum Counter commitment - _1 5 million for both phases
• Retention for Project Performance
County retalm ten percent(10%)or the potental County eommItment ($315,000)untll fifty percent(50%)of the pro)est
is completed
— ARer 50%camptete, the retained amount is decreased to five percent(5%)of the total County commidn t J$157,500)
Final aomptetlon Is dependenl on the Town of Hlftborough aaceptIng the new Infrastructure Into the Town system
ORANGE COUNTY
MORT[I CAROLINA
Slide #9
Potential Financial Benefits and Costs
• If the RTLP developer builds the planned 2.24 • The incentive would be financed over 20 years
to 2.4 million square feet, the total capital and paid through Article 46 sales tax revenue
i nvestment would range from$ 24 million to
$240 million 0 The highest annual debt service payment is
$283,500
• Using the Cou nty's cu rrent property tax rate
(83.12 cents per$100 of vaIue), the capital . Total principie and interest payments over the
i nvestment would yield$1.86 million to$2.0 20 year period would total$4.696, 50
million in property tax collections annually at full
build out
• Additional personalrbusi new property such as
racking systems for distribution,machinery and
equipment by manufacturers would generate
additional investment _--
ORANGE COUNTY
9 MORYI I CAROL]NA
10
Slide #10
Recommendation
• Conduct the public hearing
• Approve the performance based incentive agreement between orange County and Terra Equity,
Inc.and authorize the Chair to sign the Performance Ag reement on behalf of the County
• Approve Budget Amend ment#1 OA
— Repurpose 52,345.657in unspent, available funds in the HiNsWrough ERR prgect and on additional$UW.143
ur►spern. avaira4le funds in the Eno EL)D project
Create RTLP EDD Caplml Prgecf Ordlnance funded at$3.150.MO
GRANGE COUNTY
10 r CORr[[CAROLINA
Commissioner Portie-Ascott asked if there is a schedule of deliverables that will be
associated with the payment.
Travis Myren said they do not have the schedule, but they will get one.
Commissioner Hamilton asked how long it will take for the full buildout. She asked about
if the buildout would be just buildings or buildings and businesses that use the facility.
Travis Myren said it will take 36 months for the total build out. He said that the property
will be taxable no matter if there is a tenant on the property.
Commissioner Hamilton asked if the value of the property increases as tenants occupy
the building.
Travis Myren said the county will get more personal property tax, but that the real property
value would not change.
A motion was made by Vice-Chair McKee, seconded by Commissioner Fowler, to open
the public hearing.
VOTE: UNANIMOUS
PUBLIC COMMENT:
There no one was signed up to speak.
A motion was made by Commissioner Greene, seconded by Commissioner Hamilton, to
close the public hearing.
VOTE: UNANIMOUS
A motion was made by Vice-Chair McKee, seconded by Commissioner Hamilton, to
approve the performance-based incentive agreement between Orange County and Terra Equity,
Inc., subject to final review by the County Attorney, and authorize the Chair to sign the
Performance Agreement on behalf of the County; and to approve Budget Amendment#10-A.
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VOTE: UNANIMOUS
a. Zoning Atlas Amendment MA22-0004— Parcel Located off Lawrence Road and US 70A,
in Eno Township
The Board held a public hearing, received the Planning Board/staff recommendations and public
comment, closed the public hearing, and considered action on an applicant-initiated Zoning Atlas
Amendment to rezone +/- 84.90 acres located off Lawrence Road and US 70A, within the Eno
Township of Orange County.
BACKGROUND: On December 2, 2022 a Conditional Zoning Atlas Amendment application was
received proposing to rezone +/- 84.90 acres of property at PIN: 9883-19-4355 within Eno
Township. Full application materials, including the complete traffic impact analysis, can be found
here:
https://centralpermits.orangecountVnc.gov/EnerGov Prod/SelfService#/plan/b6f9e633-e5e8-
471 d-8d81-4c10e0a2739e?tab=attachments.
The Staff Report in Attachment 2 contains additional information, maps, and analysis.
Basic Review Process: A MPD-CD rezoning application requires submission of a master plan
consistent with the provisions of Section 6.7 of the Unified Development Ordinance (UDO). The
typical cadence for review is as follows:
• First Action —Applicant holds a Neighborhood Information Meeting (NIM).
Staff Comment — DONE. This meeting was held on March 1, 2023. Notes from
this meeting are in Attachment 4.
• 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 the application at its regular
meeting on April 5, 2023 and continued deliberations at a Special Meeting on April
19, 2023, with a formal recommendation on this item occurring at its May 3, 2023
regular meeting.
• 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 Tuesday, June 6, 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, and
b. Proposed support facilities (i.e., access points, parking areas and driveways, pedestrian
and vehicular circulation systems, screening and buffer areas, the timing of development,
right-of-way improvements, storm water drainage, the provision of open space, etc.)
The BOCC may not base a rezoning decision on the impacts to the transportation network, though
this often is a developer responsibility for conditional zoning applications. Per North Carolina
General Statute (NCGS) 160D-701, imposed conditions and site-specific standards are limited to
those that address conformance of the development and use of the site to local government
ordinances and adopted plans or the impacts reasonably expected to be generated by the
development or use of the site. However, pursuant to NCGS 160D-701, "...as a basis for denying
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a zoning or rezoning request from a school, the level of service of a road facility or facilities
abutting the school or proximately located to the school [may not be considered]". This
responsibility is instead assigned to the NC Department of Transportation (NCDOT) via NCGS
136-18(29a), the Municipal School Transportation Assistance statute, which specifies traffic
generation calculations for schools and review parameters for NCDOT to estimate impacts to the
local transportation network ("highway system"). It also requires the NCDOT to reimburse the
school for any transportation improvements to the highway system required by the State.
The NCDOT District 7 is requiring the construction of left turn lanes with 150' of full storage at
both site driveways (US 70A and Lawrence Road). NCDOT will reimburse the school for the
construction, per NCGS 135-18(29A). The NCDOT District 7 memorandum regarding the analysis
and required improvements to the transportation network is found in Attachment 5. As a condition
of approval, the applicant is volunteering to construct southbound and northbound left-turn lanes
on Lawrence Road at the intersection of Lawrence Road and US 70. This offer to construct would
be accompanied by the posting of a performance bond with NCDOT to guarantee the construction
of the aforementioned turn lanes. Should such construction not be acceptable due to lack of
available right-of-way or disapproval by any necessary regulatory authority, the applicant offers
to instead pay $400,000 to Orange County. Either one of these commitments is offered to be
realized prior to issuance of the Certificate of Occupancy for the school.
Approval of a master plan is part of the MPD-CD rezoning process. Development, including
permitted land uses, would be in accordance with the approved master plan and conditions
imposed as part of the MPD-CD rezoning process. A site plan has been provided to comply with
the Schools: Preparatory standards required by Section 5.8.4 of the UDO and Recreational
Facilities standards required by Section 5.7.2 of the UDO. The site plan will be binding, should
the application be approved. The applicant has not requested conditions to deviate from the
general development standards established in Article 6 of the UDO. Staff has recommended the
imposition of conditions, as included in the Ordinance in Attachment 9. Staff review and comments
are limited to the following conditions requested by the applicant:
1. Application: Project shall be completed as presented in approved site plan/application
packet. Applications to rezone property to the MPD-CD Conditional District shall be
processed in accordance with the procedures in UDO Section 2.9 and 6.7;
2. To construct left turn lanes with 150' of full storage at both site driveways (US 70A and
Lawrence Road); and
3. To construct southbound and northbound left-turn lanes on Lawrence Road at the
intersection of Lawrence Road and US 70 as described previously, with, preferably,
accompaniment of a performance bond with NCDOT, or, alternatively, payment of
$400,000 to Orange County for the purpose of local transportation improvements. Either
one of these commitments must be secured prior to issuance of the Certificate of
Occupancy for the charter school.
A motion to approve with specified conditions at the April 19, 2023 Planning Board Special
Meeting resulted in a 5-5 vote and the motion did not carry. The seven (7) conditions detailed in
the motion remain as part of the applicant's offered conditions and are as follows (minutes detailed
in Attachment 6):
1. Installation of a Type C buffer along Lawrence Road prior to issuance of a certificate of
compliance for the school;
2. Lighting for the tennis courts shall be the minimum necessary to meet UDO requirements;
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3. The property owner shall conduct a Traffic Impact Analysis (TIA) five (5) years after the
opening of the school and submit the TIA to Orange County Planning and Inspections
Department;
4. All handicapped parking spaces shall be installed with striped hashmarks to provide
additional separation between vehicles;
5. Subject to approval by the NCDOT, the property owner shall install a concrete median
along with additional striping on Lawrence Road at the intersection with Old NC 10
Highway prior to issuance of a certificate of compliance for the school;
6. Subject to approval by the North Carolina Department of Transportation, the property
owner shall install school zone/35 m.p.h. speed limit signage on Lawrence Road and US
70A in the vicinity of the school;
7. Subject to approval by the Town of Hillsborough and the North Carolina Department of
Environmental Quality, in the event water service is provided to the school, the property
owner shall install fire hydrants at required intervals along US 70A prior to issuance of a
certificate of compliance for the school.
Following the Planning Board's formal recommendation of denial for this application at the May
3, 2023 regular meeting, the applicant amended the list of offered conditions to include the
following two (2) conditions:
1. There will be no cafeteria facilities if the site is served by an on-site septic system; and
2. For a minimum of six months after approval of this zoning atlas amendment, the applicant
shall not submit any site plan application for approximately 12 acres designated for a
school use within PIN 9883-19-4355, and during those six months the applicant shall grant
the Orange County School District an exclusive right to negotiate the purchase or lease of
approximately 12 acres for use as a K-8 school.
Development of the property shall be permitted only through the review and approval of a future
site plan application(s) in accordance with Section 2.5, 2.18, and 2.19, respectively, of the UDO.
This is so staff can verify all imposed conditions are adhered to and allow for final review by
members of the Development Advisory Committee (DAC) as detailed within Section 1.9 of the
LIDO. The applicant is proposing to serve the schools with water and sewer service from the Town
of Hillsborough, as the Town is required to reserve capacity for an approved school by NCGS
115C-5210). One school has an approved charter. However, as shown in two documents in
Attachment 1, the "Reconnaissance Soil and Site Evaluation" and the letter from Wood Soil
Consultants, the onsite septic drain fields have been evaluated to accommodate the needs of a
total daily wastewater use of 12,000 gallons per day, reflecting a population of 1,200 students and
presuming no cafeteria will be a part of school operations.
Public Notifications: In accordance with Section 2.8.7 of the LIDO, notices of the Public Hearing
were mailed via first class mail to property owners within 1,000 feet of the subject parcel. These
notices were mailed on May 22, 2023, 15 days before the hearing. Staff also posted the subject
parcel with a sign [or signs] on May 22, 2023, 15 days before the hearing. See Attachment 3 for
the notification materials.
Planning Board Recommendation: The Planning Board reviewed the zoning atlas amendment at
its April 5, 2023 regular meeting with deliberations of this item continuing at a Special Meeting on
April 19, 2023 and a formal recommendation occurring at its May 3, 2023 regular meeting. At the
April 19 meeting, the Board voted 5-5 on a motion to recommend approval of the application with
the seven (7) additional conditions, which are detailed above. The Board was not able to achieve
a majority vote to make a recommendation to the BOCC at its April 19 meeting.
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At the May 3 meeting,the Board voted 7-3 to recommend denial of the Statement of Consistency
and the proposed Zoning Atlas Amendment(Attachment 6). The rationale of the recommendation
for denial was due to stated inconsistencies with the 2030 Comprehensive Plan Land Use
Objectives 1.1, 1.2, 3.1, 3.2, and 6.2; and inconsistency with the Mixed Residential Neighborhood
description on the Central Orange Coordinated Area joint land use agreement with the Town of
Hillsborough because it does not provide walkability on the public road network; and the project
does not match the residential character of the local neighborhood. Staff has included several of
these rationale for vote to recommend denial in the Statement of Inconsistency provided in
Attachment 8.
Excerpts of the draft minutes from the May 3, 2023 meeting are included in Attachment 6. Agenda
materials from the meeting can be viewed at:
https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26.
Planning Director's Recommendation: The Planning Director recommends approval of the:
1. Statement of Consistency indicating the zoning atlas amendment(s) are reasonable
and in the public interest as contained in Attachment 7.
2. Ordinance amending the Zoning Atlas, as well as imposing development conditions,
for the identified parcels as contained in Attachment 9.
Vice-Chair McKee stated that he is an employee of Summit Engineering. He said he
works for the Turnpike Authority in southern Wake County on the extension from Holly Springs to
1-40. He said there are four levels of separation between his position and the corporate office.
He said he works for the Turnpike Authority and they are contracted by NC DOT. He said because
of this and changes in state law adding wording about familial and associational relationships, he
requested that the County Attorney provide a legal opinion as to whether or not he had a conflict
of interest. He said when he had requested this in the past, the legal opinion was that he did not
have a conflict of interest. He said that in this case, due to changes in state law, he did have a
conflict of interest according to the County Attorney. He read one paragraph from the County
Attorney's opinion:
"Because there is no clear statutory or case law definition of what constitutes a
`business or other associational' relationship, because I believe the legislature
intended those terms to be construed broadly, because there is no case directly on
point in this situation, and because it is apparent that you have some level of
association with Mr. Parker my recommendation is that you ask to be excused from
voting on the Project when it comes before the Board for consideration based on
your `business or other associational' relationship with Mr. Parker, the apparent
owner of the landowner/applicant."
He requested that the Board excuse his participation in the decision.
John Roberts said that the statute is clear that it does prohibit voting on the matter. He
said that Vice-Chair McKee would still be able to ask questions or participate in the discussion.
He said there is a prohibition on his voting on the issue. He said he recommended that the Board
conduct a vote to excuse Vice-Chair McKee.
Chair Bedford asked if the Board should do that immediately or wait.
John Roberts said he would suggest that it wait until the actual time of the vote.
Chair Bedford reminded the public in attendance about the procedures for making public
comments. She said they wanted to be efficient and to honor everyone present. She asked the
public not to applaud. She offered other ways for the public to show support of commenters. She
asked the public to be respectful and to not shout. She asked Cy Stober, Planning and Zoning
Director, and the applicant, Jim Parker, how long their presentations would be.
15
Cy Stober and Jim Parker said their presentations would last about 15-20 minutes each.
Chair Bedford said if there is a tie vote on the request, the motion would fail. She said
they do not have to have a majority decision.
John Roberts said the Board is allowed to meet with outside groups and individuals ahead
of time in legislative matters. He said he advises the Board to disclose their participation in these
activities, but they are not prohibited. He said noting people by name is not necessary.
Chair Bedford said she met with three people on the matter.
Commissioner Richards said she met with two people, one for and one against.
Commissioner Portie-Ascott said she met with the developer, the president of HYAA, and
other community members who were against the proposal.
Vice-Chair McKee said he met with the developer and HYAA members. He said he offered
to meet with opponents of the project who were having a community meeting, but the offer was
declined.
Commissioner Hamilton said she met with residents in favor of the project and received
emails and a few phone calls regarding the project.
Commissioner Greene said she met with no one.
Commissioner Fowler said she met with three residents in favor of the project on two
separate occasions.
Commissioner Portie-Ascott said she also met with another set of community members
who were in favor of the project.
Cy Stober, Planning and Zoning Director, made the following presentation:
Slide #1
ORANGE U TY
NORTH TH ROLINA
Zoning Atlas Amendment
R-1 Zoning to M PD-C D Zoning
Lawrence Rd. & US Hwy 70 A, PIN 9 0 -1 -4355
Applicant: Lawrence Road Partners, LLO
BOBB Public Heaft
Jove 6, 2023
16
Slide#2
MEETING PROCESS
1. Staff Presentation
2. Applicant Presentation
. Questions from the Commissioners
4. Public Comments
. BOUDeliberationand Decision
4
ORANGE COUNTY
NOFM[CARGIANh
Slide #3
REZONING PROCESS
Pu�llo Notlae
(*Ins poaltd,Itf44rs�*ewd}
AypLtaian Poawird
•3161 Ra*9W -CD Fmna ady •Puck kkAng •PUHe He3nrg
•de+e+opmmnt .Plan Cline imancy `Pl3n c4nm imur
A.j,nlpy Fnpng ,RezuM3*mse
VW-11M •Rvo—mfthn Sale—enl
,In y wdt lu DXr. � Jq Mai Qf
Cm�dmlivn ��pny Req�efl
ORANGE COUNTY
NOFMZ CAM INN
17
Slide #4
CONDITIONAL DISTRICT- Overview
Enabling • NC Genera! Statute 1606.703 2anAgrDftbVts
Le
F . • Orange C4unly UDO SectiQn 2.9 Condiforaat
r7isfr�cla
Whatmakes
• Site plan and dewelopowni conditions are site-
CD * } specific.
• County and appalcant must mutualy agroe to
a a .nin the aondllions.
Staff and Board recommendations and final
r approval should be based on consistency
with the Comprehensive Plan_
4
ORANGE COUNTY
norm r CARGIANA
Slide #5
ZONING & LAND USE REVIEW
NQQS 160 D-701
Zon ing r egu la tiCm s s hall be made in accordance with a comprehensltire plan and shad be
deslped to promote the public heallh, safely,and general welfare....The regulatlons
shall be made wilh reasonable consideration,among other things, as to the character of
the district and its peculiar suitability for particular uses and with a view to conserving the
value of bulldings and encouraging the most approprlale use of land throughout the local
gov*rnmenCs planning and Mvelopment regutatlon Jurisdlotlon. The regidatlons may not
Include, as a hasls for denying a mning or remning request kam a school,the level of
service of a road facility or facilities abutting the school or proximately located to the
school,
ORANGE COUNTY
NORMZ CAM INN
18
Slide #6
ZONING & LAND USE REVIEW
NCGS 1 0 D-701
Zoning regulations shall be made In accordance with a comprehensive plan and shalt be
designed to promote the puhlio heallh, rarely,and general welrare._._The reguia[lons
she#be made with rea%waW consideration,anmg other things, as to the character of
the district and its peculiar suitability for particular uses and with a view to conserving the
value of buildings and tncouraging tht moss appropriate use of land throughout the local
govorment's planning and development regulation jurlydletlon. The repulations rear
not Include, as is basis for denvInp a 26ninc 6r rezorrino reyuest born a school,the
level of service of a road facility or faellMes abuttinra the school or Proximately
locatad to the sehod_
ORANGE COUNTY
NOFM r CAPOLINA
Slide #7
ZONING & LAND USE REVIEW
NQGS 1 0 D-70
A local government may adupl coning reguiallons._. a zoning regulation may regulate and
r"Lrict
the height, nu rrnher of stories,and size of bulldings and other structures;
the percentage of k is that may be occupied-
the size of yards,courts,and other open spacer,
the density of population,
the loealion and use of buildings, structures.and land,„.
Where appropriate, a zoning regulation may Include requirements that th*0 and utlllty
rightr-of-way be dedicated to the public, [hat provision he made of recreational space and
faeiiilies.and that performa-rice guarantees be provided..
Any regulation relating to building design elen,enls adopted under this Chapter may not
be applied to any siructures subject to regulation under tht North Carolina Resldtntial
Code for One-and Two-Family Dwellings
ORANGE COUNTY
NOFM Z rxM-w INh
19
Slide #8
ZONING & LAND USE REVIEW
NCGS 1 0 D-70
A local government may dlvtde Yta terrltorlal Jurkadlotlon Into zorhIN dlstrlicls of any number,
shape,and area deemed beat sulted to carry out the purposes of this Article. Within lhnse
districts,it may regulate and re%triel the erection,ceri%trmW, mconstruelion.alkeralion,
repair.or use of buildings, structures,or land Zoning districts may include, but are rwt be
Ilmited to,the fallowing:
{1) Convendonat distrlcts, In which a varlety of uses are allowed as permlmd uses or
uses by right and that may also include uses permitted only with a special use permit,
(2) Condidonnt districts, In which site plans or Indlvlduatlr*d development condltlons are
Imposed._.
-AAM
ORANGE COUNTY
NOFM r CAPOLINh
Slide #9
CONDITIONAL DISTRICT- Overview
Conventional ■istdot Zoning . . . ■
51andards mull be uniformly Requesl rs use-"at c wM
applied inra, haUt the CcUltq indaidualiaed develaappmeet
ccnIMM and Ala wards
No sile-specific,indrvidualized Saroa ec&deyefopmmnl plan
coMillcns may he imposad its pan of review and approval
Proms
ORANGE COUNTY
NOFMZ CAMMINA
20
Slide #10
CONDITIONAL DISTRICT( D)
• A zoning district with specific permitted uses and mutually agreed
upon individualized development conditions.
— UUO Section 2.0;and NCGS 1601)-703
Allowed by the legislative rezoning process,
The County may negotiate add ltioInaI zon ing conditions.
Retuning decisions are based on the determination of whether the
request is consistentwith the purpose and intent of the
Comprehensive Plan.
— Central Ora ngeCoordhated Area(OOCA)must aIso be call sidere 4
ORANGE COUNTY
NOKn r CARGIANh
Slide #11
ZONING & LAND USE REVIEW
NCGS 1 0D-70 (coat.
5pccMc-c-ondihons may be pr:posed by the pahtioner or the local govemmem or Its
agencies.but only lhosetondihrins approved by Lhe localgoverrrnent and aonsenled to
by the petitioner in wriling may be incorporated into the zoning regulations. UNess
consented to by the pelitioner in wrili rig. . a local government may nol require, enforce.
or I neorporate Into the zoning regulations any condlllon-or requlremenl not aulhnrized by
otherwlse appllcabfe law._.
Conditlons and slte-specific standardt imposad In a conditional dlstrlcl shall be limped to
those that address the c4nf9rm@nce 4fthe development and use of the%ile IQ local
govemmem ordinances,,. or the impacts reasonaNy expected to be generaled by the
development or use of the slle—
Any other modifIcatlon of Lhe corndltlons and standards In a condltlonal dlstrlcl shall fallow
the same process far approval as are applicable to zoning map amendments,
ORANGE COUNTY
NORMZ CAM INN
21
Slide #12
ZONING & LAND USE REVIEW
NCGS 1 0D-70 (coat.)
Spar,&conditions may be proposed by the p tllloner or the local government or its
agencles,but only those conditions approved by the local governmcnl and consenled to
qy the petition g-r in writing may be inc4rp4rated Into the zoning regulations. Uncles
consented to by the pelition er in wriling... a local giovemmert may nol require, enforce,
or Inoorporale Into the zoning regulations any condltlon or mqulremanl not authorized by
otherwlse applicable law._.
Conditions and slte-speolhc standards Imposed in a condMonal dlstriol shall be tlmltad to
those that address the conformance of the development and use of the site to local
government ordinances... or the impacts reasonably expected I4 be generated by the
deva"ment or use of titia slla_ -
Any-other modiflcadon -of the conditions and main dards in a conditional district
shaA foillaw the same Process f-Pr approval as are applicable to zanina mac
arnendrnents,
ORANGE COUNTY
NOFM I CAP OLINh
Slide #13
CONDITIONAL DISTRICT- Applicant
Responsibility and Review Flexibility
1. Establishment of Use Type
Applicant is required to define what type of development and/or
land use is anticipated_
, Site Plan Development
A formal site pla n, reviewed and a pproved by staff in accorda rice
with UDO Section 2_5,must be submitted and approved prior to
any development activity on the parcel_
, Subject to Condition of ApprowI
Review and approval allows for negotiation of development
standards and may vary oonsiderablyfrom ordinance standards.
Room for creativity both from appllcant and review authority.
ORANGE COUNTY
140RiIZ CARMNA
22
Slide #14
ZONING & LAND USE REVIEW
Consulted Plans and Documents
arm caMy.Nc
C[M of Te okNoN�idlnwcea
30 Comprrhansive F9
R*01
,ua.isa
Comprehensive Playa Unified Development Ord lnance
(UDO)
4
ORANGE COUNTY
NOFM[CARGIANh
Slide #15
ZONING & LAND
Consulted Plans anid Documents
rirgi te.Rq N[
CYM of Ti oMGW 43Ianamm
4+iMi{wwaf+Mi 4M+xr:*
, - x.v
Comprehensive Plan Unifled Development Ordinance
Future Land Use Map (UDO)
ORANGE COUNTY
144RglZ CAM INN
23
Slide #16
ZONING & LAND USE REVIEW
Consulted Pens and Documents
entra10range C eordlnated
Area Land Use PI an
Adopted in 2013 for a shared land
use vislon in Towns utl l Ity servioe
boundary
a
ORANGE COUNTY
NOK n[CARGIANh
Slide #17
CONDITIONAL DISTRICT(cont.)
* Applicant has proposed to limit the property to"Schools:
Preparatory"and Recreational Facilities."as defined by the Orange
County UDO,Article 10
— Applicant is not required to-define what type of develo-pmentand/or land use
is affticipated.
• A formal site plan has been submitted by the applicant and reviewed
by the Orange County Development Advisory Committee.
— Oran&CountyUDOSectlons2.5(SltePlan Revlew),5,6A(Schnol,
Preparatory),&5.7.2(Recreatlonal Facllltles)
— Applicant has also provided a site•speciflc plan,traffic Impact analysls,end
archlt,ectural renderings.
— Attachment 2 features staff analysisofcomplianoe.
Cy Stober said "Schools: Preparatory" refers to private, public, or public charter schools.
He said the schools would serve K-8 and 9-12 students. He said the applicant does not have to
define who will be in the buildings, just that they will be schools. He said that similarly, the
applicant does not have to define who will operate the recreational facilities. He said no non-
conformities with the plan were noted, and no waivers as a condition of approval are being
presented to the Board.
24
Slide #18
CON DITI NALDISTRI T - Revie v Process
Planniing Staff Review
• Reoeive application and check for completeness
• Development Advisory Committee Review
Neighborhoodt
• To obtaln nelghborhood Ynputon the proposal and allow the
oppodunityto explain the review process
• To make a recommendation of approval or denial of Zoning
Atlas Amendment
Board of County Commissioners — Public Hearing
• To take action on the application to rezone
ORANC,F C0 l,J 1TY
t lk I I I CARk i 1114 k
Slide #19
L;DIVDITI NAL DISTRICT - BOCCReviewRole
Taniight:s Board of Commissioners Objective
• Hear rran the vpplicanl. staff,and the public
• Review and discuss anelysisand staff recommendation
* Take aalion on the Zonlrrg Atlas Amendment application
BoardFor
NCGS 16bD-7"b)
�osd�Utona andsus-spec,'JPcslandarals�ntpcsearin a c+�ndutonaf atr'slrr'c1 shaft bs
tirniJ�ad to those that address jhV cofriormarrce ai the detiretoWWnt arW u.Ve of jh9]
s,Ye!*local g-ovsmment*,dorramas,plans adoprod pursuaw to G-S- 180D-501.or
the -Qr 1he
site,'
ORANGE COUNTY
NOFM I CAROLINA
25
Taylor Perschau, Current Planning & Zoning Supervisor, continued the presentation:
Slide #20
Lawrence Road Partners Rezoning Application
LawrenCit goad d1id US 741E
Lawrence Road I l°t*' KIP PIN
and US 70A
Eno
i
Lower Eno Prolette —
and 11nPro#eoRedM Lshyfems Rned Pa0mrs
oho Jame Parker �
4
ORANGE COUNTY
KUPM r CARD]_LNh
Slide #21
Lawrence Road Partners Rezoning Application
LalivrenCe Road and u5 7OA
AS7aNn6■■ RurdJ
ReSitlEnkr�l(ii-11 I q.hpn M MPrC:0 fa PIN�g Rtl}iy q}�
CUre�Zomr
MajorTransporwion ConHdorOverlay
•
R �d�0119rk� -_„c4� I.e
■ MaSter Plan D"Nopmenk(h1PD-C'0) l !
na}I'JiyS!
■ Na proposed Overlay Dis#rictchanges
■ Uwe:School:Preparatory,Recreational � r
Faefirkres -` -� ti
Surrrdundinl��urling —__ . _ .
R11 R2I R4.a Z.
ORANGE COUNTY
NORT]r CARD]_6Nh
Taylor Perschau said that Master Plan Development is intended for mixed use
development. She said there are no proposed changes to the overlays. She said in this case,
both portions of the project are non-residential. She said there is commercial just north of the
26
site. She said the gray section on the map is the Town of Hillsborough jurisdiction. She said that
is why there is variation of the residential zonings and the higher intensive residential are closer
to the developed areas.
Slide #22
Lawrence Road Partners RlezoningAppI!cation
Iawreraoe Road Anil LIS 7OA
fion4ln9 Dis#inRge Ri 7tpwanaMr� 1 lry InG 1"341'A
■ Site•Speoifio Plan
■ Tralft Sara"
■ EmwEronmentm Assessment
■ Laadsoape Piao
■ Ufty$*MoesNon L
.113,.,1u �
■ ModiDnid lnform400 es iden4ged by
r
RevoewangAgenoies - -
MWWPlenDe API)OUctlon6,t1
■ Ad#�dor�a�requtrrmentsfor sfprfs. — ,�+ .A�- _ _
arohkeo=ral commitments,layout
proposed uses
ORANGE COUNTY
NOan r CAROLINA
Taylor Perschau said there was a traffic impact analysis conducted for this development.
Slide #23
Lawrence Road Partners RezoningAppIica#ion
I aw rvna ! Road apd LI S YOA
r.d�id fu�re�m_tr,A1aVwilh rrei�ae>+�<.x-rxi:k��
r
FutureLAlndUse M apQyAWA on I
20 Year Transition Area
".,_areas that am in the process of
chanfngfrom rural to urban.thatare
suitable forurim-type densGties and
K41,LFY,!should De provided with public uttlitiesand rl
�erYiOeS..,
Na proposed amelldnient I
ORANGE COUNTY
KUFM r CAROLINA
27
Taylor Perschau said the project lined up with the 20-year transition area requirements so
there was no proposed amendment to the Future Land Use Map.
Slide #24
Lawrence Road Partners Rezoning AppIicabon
I syrferloe Koad anal US 741E
AWp4nd cU4ure UW i.,"&%p wHh carrel S k"J475k Oepkketl
r
Future Land UseMapDesignation ,
Resource protection Area � A
L8f1dCOfi#dilifli91�91t�WovllUnrnenkal ••
irewome%Kstodcw $[Inirirmrtk vitas,
aodforfeatnresoonsidere,d unb0dable
WCaU a 4f thrtilr WftWtaddlityfGr
development ;
1_ Stream Huffers
2_ H istD!c Structures at US 70A&
Lawrence Road
ORANGE COUNTY
roan I CA-RDLLNA
Slide #25
Lawrence Road Partners Rezoning Applicabon
Lawrenoc H o a d and U3 1 0 A
tT�1114111�ryx ca„nr[ew9o .yrecaertarbwxpan
CentralOrangeCoordinatedArea
• A depted in 2D13for a shared land use10
vision inTown's utility service boundary
• -Mixed Residerrtial Neighborbood"
...integrate a warietyor supportive tornmertial.
pubiIc and semi plsblituses and openorpubiIc
space.smaiIow-ioprrKnts that provr eonly
5upputioe non-r4mlenual land Wye*Man infill u
arran�amcrl[sarVing snore Chtn5A tl�velHng uRlt#In �,
o
a walkablernanu-ormayalsobeoDRsltleretl," •-W-
,)RANGE COUNTY
NO TI I CAROLINA
Taylor Perschau said the area in red is the urban service area for the Town of
Hillsborough. She provided the definition of"Mixed Residential Neighborhood" and said that staff
28
review found that it was a reasonable description of what is proposed with a school and
recreational facilities.
Slide #26
Site-Specific Plan
HIA
TO
w f : —i
Taylor Perschau said access for the project is on US-70A and through to Lawrence Road
with the school facilities on the south side of that road, tennis facilities, skatepark, and soccer
fields on the north.
Slide #27
Other Conditions Relvantto Application
1. SahwisshallbesenedbyTi�wni�fHillsbori�ughtorwater and sewer
atillties,asrequlred byN CGS 115C-521f11(ML 1m,p.97)
A. Rom$onal Fnftes s4rosd 00 4"tot*ed s4pk.oMh cs"cltp io$0"SMUI$r if MO 4d.
2. ShaII adhere totheNC DOT recommendations from the sub mit4edTraffic
I m pactAna"is,and responslveto NCDUT/CrangeCountyTransportation
S e rvices Depa am ent corn m ents(Att.51,.p,15
A. Pardslon ottransportatlon network requlremerrts enabled anu Wrhed hylne M inlckel Sohool
iranspartahon koletanoe 4-MSTAIleogirib3n NOaS i3B-iS429ay
B. '„-[&]*sa for(*rkga zownd or 1*Z@*9 rMOK fe"0 S0e01,[ AAf 0116 IWOOf w6o4 of a
rood faclllgr or fecRes abWftd Ise school W PlOkAMNly 1000M to 16$oneol.•101).
AppllcantIscommittingto11conditlonsinad Mon to the slte pecificplan.
4
ORANGE COUNTY
NOWr3 I CAROLINA
29
Taylor Perschau said the Town of Hillsborough would provide water and sewer utilities.
She said that recreation facilities do not have the reservation and will be served by onsite water
and septic. She said there is a letter from a soil scientist that found that there is capacity to serve
the schools with onsite water and septic, if needed.
Slide #28
Staff Review - Consistency Findings
opted
UnMed Development Applicatlon submlital complete in accordance
Ordinance with Section 2.9 Conditional Districts and
Sectlon B.7 Add Itlonal Standards for MPD-CD
Site plan conforms to usa standards as
requi red by Sec tion 6.7.2 Recreational
Fac Ili ties and S.S.4 Schools'.Preparatory
Comprehensive Plan 20 Year Transition, Resource Protection Area
Central Orange Mixed Residential—schools and recreational
Coordinated Area land racllities considered to be-varlety orsupportive
Use Plan commercial, publicand semi-public uses and
open or pu bI Ic space"
ORANGE{'AUNTY
14OFM[CAROLINA
Slide #29
Applicant Presentation
ORANGE COUNTY
r.foan E r RDIANA
30
Jim Parker, one of the owners of the property, introduced their presentation. He thanked
the Board for going through the process and for the decisions they have to make. He said he
thought the project was a win for the county that would benefit youth and the community for years
to come.
Patrick Byker, attorney for the applicant, made the following presentation:
Slide #30
Proposed Rezoning
L WRENCE ROAD DEVELOPMENT
Orange County, NC
Board of County Commissioners Meeting
June 6, 2023 mUMMIT
DUO-DO-U-IM WWIR
Slide #31
F
- vi
w
31
Patrick Byker said the master plan has broad community support. He said 1,833 Orange
County residents signed petitions in support of the plan.
Slide #32
Orange County Comprehensive Plan
Legend:
®'Natw5hed Critical Areas
Water Supply Watersheds
OCrCH+CA Joint Planning Area
Resaurae Protec#i an Area s
Public Interest Areas
- 10 Year Tra nsitio n LAWRENCE
_ KMD
i M 20 Year Tra r:Ml0n DEVELOPMENT
Rural Fbesidential
Rural Bomar
Agricultural Residential
City Limits
ETJ
Slide #33
Orange County Comprehensive Plan
Legend: _ --
UZWatershed Critical Areas , tir=- —
Water-Supply Watersheds *,4
OGiGHICAJoint Planning Area
Resoutae Protecti vn Area s
L4riRENC�-•4I -
Public Interest Areas a ROAD
DEVELOPMOfT
- 14 Yaw Try neitiorr - - --
- 20 Year Tra rieitlon j
Rurai Residential
Rural Bomar
Agricultural Rewderibal
City Limits
ETJ
32
Slide#34
Orange County Comprehensive Plan
24-Year Transition Identifies areas changing from rural to urban in Form and
density.All densities of residential development would be applrapriate.
*mrndix F: !emit{use And Zoning MRrrf%
r:sxrwa lycmrrx
MN HIII LrwMwr vwnrl Add lnl.lr� br.r.nlrlp� unnwr e.Tr n—a.M tdr Nl r%&il--
m0weTrwmN IWI
IFYnr r—.Hlnn ♦ • #
Yuri—OlWn
bn�rlt�.l lT�Nl bn 41
Mlll4�,.'llry #
['o rclV Illllll.lrlr
1wl II+I + }
Dull
Fro rwnlr�rM.11 Nll.nl * # �
Patrick Byker said the project is in compliance with the 20-year transition area in the
Comprehensive Plan.
Slide #35
Orange County Comprehensive Plan
Allowable Zoning in 20 year Transition Zane
"20-Year Traniri on: Land Use ClatmMeaElan Is incated In areas trial are to the process of ohafiging
from rural to urban, that are satabis for urban-type Ifensltles and sriould be provided with public
utilitles and services wrthm the second 10.year phase of the plan.
Allowable Dimrlcis:
WD-CD.Zoning Distriet: The purpose OF the Master Plan Development corlaitmat Dismot(mPo-
CD) is to provide for unified urge scale subdivisiena, nouresiderrkiat, and mitred-use developments
that promote economical and efficient land use, improved level of amenities, appropriate and
harmnious varlety, creative design_ area a better environment througri the approval of a general
concept Master Ptah ibe permits defined flexibility to arxQmmodate land use acyuitments in
response to evolvin Inarkel trend%.
13
Patrick Byker said that UDO Section 2.9.1 allows for the development team to go above
and beyond what is required. He said they are certainly open to other conditions that may be
reasonably related to the proposal.
33
Slide#36
w
5
r a
Slide #37
ZONING CONDITIONS WITH THE FORCE OF LAW IN ACCORDANCE WITH UDO SECTION 2.9.1(OM
Within twenty-four( )months after the issuance of a certiflcateof occupancyfor the school that Is a
corn ponent of MA22.0004,and su bject to the avallablllty ofadeq uate right of way,a nd su bject to a pp rova I by
the N,(;,DepartmentofTransportation I NCDOT)and any other necessary regulatory Authorities,the applicant
will construct south bound and northbound left-turn lanes,with a pp rop ri ate storage a nd tapers,on Lawrence
Road at the i ntersection of Lawrence Road and U.5,70(col lectively,the"Lawrence Road-U.5,70 Turn La nes"),
and prior to issuance of the aforementioned certificate of occupancy,the applicantwiII post a performance
bond with NCDOT(the'KE)OT Bond")pursuant to a ppIicable-NCDOT bonding requirements,and shall
include Orange County in-a rider to the NCDOT Bond as well,to guarantee the construction the Lawrence
Road-U,S,70 Turn Lanes;
OR
in the event adequate right of way is not availableatthe intersection of Lawrence Road and U-5.70,or due to
disapprova I of the Lawrence Road-U,S,70 Turn Lanes by any necessary regulatory authority,the applicant
shall pay to Ora rgeCounty the amount of FOUR HUNDRED THOUSAND and Obf100 Dollars($400,000.00), as
the a pp I Ica nt's projected cast at th I s tl me to can struct the Lawrence Road-U.S.70 Tu rn La nes. The
aforementioned payment of$400,000.00 shall occur prior to the Issuance of the[ertlficate of Occupancyfor
the school p roposed as a tom po rent of MA22.0004.
rT
Patrick Byker said that for their first condition they worked with NCDOT and identified an
area of inefficiency at 70 and Lawrence Road and then described the condition of adding turn
lanes to Lawrence Road. He said in the event that NCDOT does not allow it, they will give
$400,000 to Orange County for that purpose.
34
Slide #38
ZONING CONDITIONS WITH THE FORCE OF LAW IM ACCORDANCE WITH UDO SECTION 2.9.1(F)[3)
1, Installatlon of a Type C buffer along Lawrence Road prior to issuance of a certificate of compliance for the
school,
2. Llghtingfor the ball flelds and ten niscourts shall be the minimum necessary to meet UDO requlrernenm
3, The property owner shall conduct a Traffic Impact Analysis (TIA) five 15) years after the opening of the
school and submit the TIA to Orange County Planningand Inspections Department.
4. All handicapped parking spaces shall be installed with striped hash marks to provide additional separation
between vehicles.
S. Subject to approval by the North Carolina Department of Transportatlon,the property owner shall install a
concrete median along with additional striping on Lawrence Road at the intersection with Old NC 10
Highway prior to Issuance of a certiflcateof corn pliancefor the school,
5. Subject to approval by the North Carolina Departmentof Transportation,the property owner shall install
school zone/35 m.p.h.speed IImit slgnage on Lawrence Road and US 70A In the vlclrrityof the schooL
7. Subject to approval by the Town of Hillsborough and the North Ciarolina Department of Environmental
Ouallty,in the event water service Is provided to the school,the property owner shall Install fire hydrants
at req wired Interva Is along US 70A prior to Issuance of a certificate of compliance for the school,
8. There will be no cafeteria faci I ities with i n a school use if the site is served by on-site septic system.
■
Slide #39
ZONING CONDITIONS WITH THE FORCE OF LAW IN ACCORDANCE WrrH UDO SECTION 2a9_LMM
9. For a rninirnurn of six rnonths after approval of this zoning atlas
amendment, the applicant shall not submit any site plan application
for approximately 12 acres designated for a K-g school use within PIN
9883-19-4355, and during those sic rnonths the applicant shall grant
the Orange County Public Schools an exclusive right to negotiate the
purchase or lease of approximately 12 acres for use as a K-8 school.
0
Patrick Byker said the long list of conditions are included in the staff report. He said that
this provides a win for all parties. He said that the pandemic taught us that mental health and
physical health of the community are precious gifts that they should be thankful for and steward
every day with vigilance.
35
Slide #40
J. Pelphry
Orange County Tennis Advocates and Players
Tennis and Plckieball are both fast growing sports
for all Tennis advocates In Orange County and
natianwide-
To Northern Orange County residents,Fairview
Park tennis courts are quickly becomingthe most
popular place irr town.There are 3 publIccourts at
Fairview Park-
Ora nge Ca unty leases these courts to:
Drange Tenn is Ciub
Durham private school far tearn practices
EmpadTennis
This is a lot of action for"only"three public tennis
cou rks.
Sch-laskic Tea m play requires minimurn of 6 courts
John Pelphrey gave the Board a petition with signatures of support for the project. He
said the Orange Tennis Club operates as a 501(c)3. He said he has lived in Hillsborough for the
last 18 years. He said that the Tennis Club are always looking for other places to play. He said
they run clinics five days a week and they would be able to utilize the space for multiple sports.
He hopes that it is run similarly to the SportsPlex.
Slide #41
J. Pelphrey
Public Tennis Courts in Orange Counter
Compare our 9 public courts to,
Durham County-61
Town of Chapel Hill- 16
Mebane- 9
Additionally,with the growth of pickle
ball which requires court spacer there
is a clear need far more courts open to ,
the public in the northern portion of
this County — — --
There are no indaortennis courts
36
John Pelphrey said that the Orange Tennis Club gave his family connection to other
neighbors. He said he teaches tennis to hundreds of children and adults. He said that the lessons
go way beyond play and helps those learn how to manage emotions. He said the Orange Tennis
Club has given them a sense of belonging. He said that Orange Tennis Club and HYAA can join
forces to build great people.
Slide #42
J. Pelphrey
Orange County Tennis Advocates and Players
Orange Tennis Club is a wmmunity based
non-proftt tanwsorganixatlon wlth about
200 members made up of families, �.
coupEes,Indlviduats and youth.
Our focus is pravidingan affordabtear
free nptiensfer tennisltssans,league
and clinic play.
For 1:5 years with have had consistent
membership growth.
At this point being limited to our leased
tlrnes an the only three pu613c courts,we
have reached a maximum capacity in this
part of the County,
13
John Pelphrey said that it is important to recognize that the population growth in Orange
County is inevitable. He said that he wants to make it an inclusive place for the young and young
at heart.
Patrick Cummings from HYAA continued the presentation:
Slide #43
Support & Determination of feed
Fkbborovgh Youth Atfitetio+lssooiation(IiYAA)is
spprwohing desperation to owrl*re ow atmosl 54-year
Vadikn ofteac"ohildren in our ooh+hminity the vatrres
of being team players,respecting oppaneuly.and good
sports-manship. Formally incorporated in 19N with
evidence of Iccal baseball da*kg tack to the 194Vs,HYA,A
remairss a cornerstone of the Ffiflsbvrougfi and Orange
County community haung served more than 10.000
-F7 child ren aver pw history
J 1A'!4AOYR'Yhvl,hY'
+ The Tavn of HRIsbQKnigh plans to corivrmt a�Wcting
- near the train tracks cm VAmt is nmv KYAA's Collins Field in
frC C�rO ir�OC�L 4�h• With no support from the Town on a new
location for these fie;ds and overt disdain fvrour pf, M.
HYAA stands to lase access to abnom half of the fields we
ourrea*use.Thia puts the fature of the League and impact
Our wlunteer8 make on the ron n7{nity&t-riyk,
The Lawrence Road Development is a REAL chance Co
save softbau and thasebafl in Hillsborough and nortlwrn
Orange County
37
Patrick Cummings described the demographics of the players at HYAA. He said that
professional baseball and softball players are leaders. He said this is a baseball and softball
project as well as an economic development project. He said HYAA is a volunteer run
organization. He said they pay$10,000 to Orange County each year for the use of existing county
fields. He said this year was the biggest year they had ever had for softball.
Slide #44
Support & Determination of id
As the Cm ty has grown,so has the demand for rec reatiooal
basebal and softball In the upeom:rg Spri Q 2n3 season 11$
coaches end countless other volunleers wit serve 426 baseball ]-?�r +
players and 9$softball fters 1 I
The facihes that F{YAA currently uses are as fokwa: sarrk.r,cam n:
CollinsField f4 fields seryft cWren ages 4-B} t nt.droinoge
Exoha+nge Field�1 field serving chidren ages 9.10)
Schley Field{1 field serving ohildran 11-12}
Y,L are Tr4sl 1-or^are+xyrYmr�7hxf
T—° °n}Fairview Field{1 field serving children ages 9 12 &,ary grad�r".
d+M we rry ekM#a 4�NA eJtStoe"
Cedar Grove Field(3 field serving cWren ages 4.15) Ftv* rt
Efland Cheeks Field{1 field serving cWren ages 4.12) and— '
xn rx +ed Fk A-xi eecr m
Once the Town takes Cons Field away from HYAA,our rg
youegaest and lafgesl divisions of basebap a--J spitball may not m
have a home to play
Patrick Cummings played a video with information about HYAA.
Slide #45
Support & Determination of Need
The HYAA Board of Directors has been working with the Developer of
the project and Orange Counly stafffor over a year as we seek a
iocation for new felds far the children of our league Thanks to the
efforts of volunteers and community sponsors over the last 104
years.liYAA ourrentty has the funding to begin design and
construction documents for the fields Our vohrnteers have also put
together a fwidraising plan Iv gather the rewired support to construct
Nre a fields drown ld the vroject renderingsI HYAA is in post#Ion to make the Lawrence Road
DeveIopmentthe key to supporting the children
r at our community for the next 100 years.
38
Slide #46
presenter
J Questions?
Cy Stober continued the presentation:
Slide #47
rLIU116 ivutiiicatloll
• Attachments3 & 4
• Notices were mailed via first class mail to property
owners within 1,000 ft. of the subject panel on May 22,
2023.
• Signs pasted the subject parcel on May , 0 3.
• Application information has also been posted on the
Planning Department's"Active Development"webpage.
-F - i J i
39
Slide #48
Pu blio Notification
Town of Hillsborough was provided with copies of
plans on January 13
CommenU provlded by staff,January 28
* Meeting held -outside Development Advisory
Committee to discuss comments among Town,
Applicant. and County
+ Attachment 5-d,p,139
ORANGE COUNTY
M]ORT]I CARC}LINA
Slide #49
taff Analysis(Attachment 2)
The proposal is consistent with the allowed zoning districts for the
Comprehensive Plan and thefuture land usein the COCA.
• The Comprehensive Plan's description of the 20 Year Transition Area
conforms with the proposed use and reflects existingzoning and land uses
that are found within an area Ira nsition ing f ro rn rural to urban.
• The COCA's "Mixed Residential Neighborhood" definition supports the
proposed use as a public/semi-public "...infill arrangement serving more
than 50 dwelling units in a walkable manner...°
ORANGE COUNTY
NORT]I CAROLINA
Cy Stober said that staff requested that sidewalks be made on all public roads, which the
applicant was open to, but NCDOT denied the request.
40
Slide #50
L:ountyRoIesfor Rev!ewProoess
i
• Determine applicalion compleleness and analyze proposed Zoning Atlas Amencimenl
with Comprehensive Plan
* Planning Director Recommendallon
Planning Board
• Hear from the applicant, staff,a rid the public
• Revlew and ditoust analysls and slaff reoonmeneatlon
• Recommend approval or denial to Board of County Commissioners
Board*Schedule ane hold putbc hearing to race&&apprc.allon
*Hear from the apprcanl,staff,and the public
•Review and discuss analysis and recommendations from staff and Planning @card
*Clove pubk heanng
*To take action on the apprcallon to rezone
ORANGE COUNTY
NOFM r CAPOLINh
Slide #51
urrentSummary of Conditions
1. Application:Project shall be completed as presented in approved site
plan/applicationpacket.Application to rezone the property to a
Unditional District shall be processed in accordance with the
procedures in Unified Development Ordinance,Section 2.9
(Unlit anal District Requirements)and 6.7(MPD Requirements);
ORANGE COUNTY
NORiIZ CA 1Nh
41
Slide #52
urrent urnmaryofConditions
2. To construct left tum laneswith 150' of full storage at both site
driveways(US 70A and Lawrence Road), per NCOOT requirements;
a, Anachrnen#5i,p.169
4
ORANGE COUNTY
NOkn[CARdOLINA
Slide #53
urrentSummary of Conditions
3. To construct southboLind and northbound left-turn lanes on Lawrence
Road at the intersection of Lawrence Road and U 9 70.This offer to
construct would be accompanied by the postingofa performance bond
with NCDOTto guarantee the construction of the Aremantionedtum
lanes.Should such construction not be acceptabledueto lack of
available right-of-way or disapproval by any necessary regulatory
authority, the ap pl i c a nt of fe rs to instead pay444,O0Oto0range
County. Either one of these commitments is offered to be realized prior
to issuance of the Certificate of Occupancy for the school;
a. Atknhrmil 1d,p.28
ORANGE COUNTY
NORMZ CAM INN
42
Slide #54
urrentSurnrnaryof Conditions
(Attachment 1p, p.105)
4_ Installation of a Type C bufferalong Lawrence Road priprte issuance of
a cerkif icate of compliance forthe school;
5. Lighting for the tennis courts shall be the minimum necessary to meet
U D 0 requirements;
6. The property owner shall conducta Traffic Irn pad Analysis(TIA)five(5)
years after the opening of the school and submit the TIA to Orange
County Planning and Inspections Depa Inn enk
7. All handicapped parking spaces shall be installed with striped
hash marks to provide additional separation between vehicles;
ORANGE COUNTY
NOFM I CAPOLINh
Slide #55
urrentSummary of Conditions
(Attachment 1p, p.105)
S. Subjectto approval bythe NCDOT, the property ownershall install a
concrete median alongwith additional striping on Lawrence Road at
the intersection with Old NC 1O Highwaypriur to issuance of a
certificate of compIianceforthe school;
9. Subjectto approval by the NCD4T, the property owner shall install
school zone/3 5 MPH speed limit signage on Lawrence Road and US
70A in thevicinityofthe school.
ORANGE COUNTY
NOFMZ CAMMINA
43
Slide #56
urrentSummary of Conditions
(Attachment 1p, p.105)
10. 3uhjectto approval bytheTown of Hillsboroughand the North Carolina
Departmentof Environmental Quality,inthe eventwaterserwice is
provided to the school, the property owner shall install fire hydrants at
required intervals along US 70A priorto issuanceof a certificateof
compliance forthe school,
11. The re wi l l fie no cafeteria facilities if the site is served by an on-sate
septic syste m;and
ORANGE COUNTY
NOR f]I CAPOLINA
Slide #57
urrentSummary of Conditions
(Attachment 1p, p.105)
12. Fora minimum of six months afterapproval of this Zoning Atlas
Amendment,the applicantshall not submitany site plan application
for approximately 12 acresdesignated fora school use within PIN
9333-19-4355,and during those six months the applicant shall grant
the Orange County School District an exclusive right to negotiate the
purchase or leaseof approximately 12 acresfor use as a K-Sschool.
ORANGE COUNTY
NOFMZ CAR NA
44
Slide #58
:Staff Analysis and Recommendation
• Planning Director recommends approval of.,
— The Statement Qf lwen5i5tenry that the amendments are reasonable,in
the public interest.and serve Land Use Goal 6 (Attachment 7); and
The proposed ordinanceto amend the Unified Development Ordinance
and ZoningAtlas(Attachment 9).
4
ORANGE COUNTY
NOFM[CARGIANh
Slide #59
Planning Board Recommendation - Attachment
APRIL 5 ReolarM Ling
Plan ningBoard began review of the MPD•GD zoningapplicatlon
Pu W is comment was not yet received nor were deliberations hold;meeting was
oontinuedto April 19
APRIL 19 Special Meeting
— Plan ningEkmrd voted 5-5onamationtoapprove with cunditions(WnditiunsSS
— Meekingwas continued inurdertu achieve majorhyvoteon the recummendationfor
approval/denial required by Rules of Procedure
MAYS Regular Meet1ng
— Voted 7.3 to recommend denial of the request
— The Statement of I nconsistencyfeatures three of the Planning Boards rations les for
recommending denial{Attachment S}
ORANGE COUNTY
144RglZ CAM INN
45
Slide #60
Planning Board Recommendation - ,attachment
• Voted 7-3 to recommend denial of the request
— Recommendation found inconsistencywith 2030 Cmprehensiwe
PIan's Land Ilse 0bje Wes 1A, L2, 3,1, 3.2, & 6
— Th e Statement of I nco n s istency featu res th roe of th e P la n n ing Boa rds
ratii�inalf�sfor mcom men ding den ial(Attachment8)
ORANGE COUNTY
?40FM I CAPOLINh
Slide #61
Recommendation forTonight
The Manager recommends the Board:
• Receive the rezoning application;
Consider the Planning Director's and Planning Board's
recommendations;
• Conduct the Public Hearing and accept public comment;
• Deliberate on the proposal, as desired; and
ORANGE COUNTY
14OFMZ CAM) INh
46
Slide#62
Recommendation forTonight
• Vote To Approve or Deny the Statement of Consistency
(Attachments 7 or g}and the proposed ordinance
(Anachment 8�
— 'Nhen 4pd4ptirg or rejecting any zoning text or map amendment, the
[Canvrmzaraners]shall approve a brief statemerll describing whether its action is
Consistent or fti omsJstent With an adoplerl comprehenslve or land�use plan_
Vote to aany must be based on a suftd rationale
"CGS 150D-505
.,��
ORANGE COUNTY
NOFM r CAPOLINh
Slide #63
Recommendation forTonight
• Vote To Approve or D"nor the Statement of Consistency
(Attachments 7 or 8 and the proposed ordinance
LA achment 8
— when adopting or rejecting any petilion for a zoning map amendment, a
slalement analyzing the reasonableness of the Proposed rezoning shall be
approved by the[[omm,'ssforersJ.This slalement of reasonableness may
consider._.
{i)the size.physical condilions, and other auril um%of the area proposed to be
rezoned,
{ii)the benefits and detriwrim I4 the landowners, the neighbors, and the
surrounding community.
(iii)the relalionship between the current actual and permissible developwril
on the Iracl and adjoining areas and the development thal would be
permissible under the proposed amendment;
(N)why the action taken is in the public inleresc and
(v)any changee aanelli-ons warranting the amendment.
NCGS 1600-605 ORANGE COUNTY
NOFMZ CAM MINA
Commissioner Fowler asked if the left turn lanes were only required at the intersection of
Lawrence Road and US-70.
Cy Stober said that is condition 2 and there are left turn lanes at both entrances and the
applicant is also offering to construct turn lanes at 70 as a condition of approval.
47
Commissioner Fowler asked if the intersection at US-70 crosses over the ephemeral
stream, so she asked if there would be a bridge.
Jim Parker said it would handled by a permitted pipe culvert.
Cy Stober said that would be a federal and state permit that is facilitated at the county
level.
Commissioner Fowler asked if that is a common way to deal with this.
Cy Stober said yes.
Chair Bedford asked if it is known that there is available right of way, who handles the right
of way, and are there doubts about right of ways. She also asked why the applicant would give
the county money.
Patrick Byker said it is difficult to know exactly how much there is on a ditch-section road
and it is often difficult to ascertain what temporary construction easements might also be required.
He said the challenge for the private sector is that there is no private right to acquire right of way.
He said that if it turns out there is not enough right of way then any of those factors would make
it impossible to construct the turn lanes. He said it is their goal, but if it is not possible, they will
give $400,000 to the county and they can work with NCDOT to determine the turn lanes.
Commissioner Richards said she would like to better understand the mixed residential
neighborhood designation in the central Orange coordinated area. She said that it talks about
small developments that support less than 50 dwelling units in a walkable manner and this
development will not have sidewalks. She asked if it still consistent with that requirement if it is
not walkable.
Cy Stober said that in his professional opinion, yes. He said that the private street being
constructed will have sidewalks and be privately maintained. He said that the applicant included
sidewalks in the application but the regulatory authority, NCDOT, prohibited those. He said that
the county acted in good faith and the applicant was obliging, but the regulatory authority denied
it. He said the land use language is being undercut by the state. He said it would exist regardless
of the use that is there. He said that the applicant has made the project as walkable as possible.
Vice-Chair McKee said that the Chair, Vice-Chair, and Manager meet with NCDOT
regularly to discuss NCDOT roads in Orange County. He said that this denial does not preclude
a future approval of the sidewalks.
Cy Stober said it was the lack of connection to an existing sidewalk network and the lack
of a maintenance entity that led to the denial.
Vice-Chair McKee asked if it was precluded permanently.
Cy Stober said it would depend upon the approval of NCDOT and that it would have to be
a new conversation.
Commissioner Fowler asked about the hash lines for the handicapped accessible parking.
She asked how they will they make sure that it happens.
Cy Stober said these conditions can be enforced by staff.
Jim Parker said the conditions run with the land.
Vice-Chair McKee asked if HYAA was going to buy the fields.
Patrick Cummings said they have a fundraising plan to buy the fields. He said their board
has done their due diligence to begin design and improvements immediately.
Vice-Chair McKee asked if the cost of the fields will be borne by HYAA without county
involvement.
Patrick Cummings said ideally it will be fully grant funded but they have a plan in place to
build and build fast.
Chair Bedford asked why there would be a traffic study in 5 years.
Cy Stober said the Planning Board's minutes reflect one board member's concerns about
this becoming a recreation destination and if a future traffic impact analysis would warrant further
improvements. He said that would be public knowledge and could initiate an amendment to the
zoning that would tie offsite improvements to the project.
48
Chair Bedford asked if it would go through the MPO SPOT process.
Cy Stober said that would be one path and the other is staff analysis that would obligate
the developer to future improvements. He said the path Chair Bedford described is that this area
has become a destination so it needs improvements and it would be entered into the SPOT
process.
Chair Bedford asked if it was legal to require this condition of future improvement.
John Roberts said that any condition that the Board imposes is lawful for staff to enforce.
He said that he can't say if it is legal or not, but it would be enforceable by the staff until it is
overturned.
Chair Bedford asked if they could delete conditions.
Cy Stober said yes, it is part of the negotiations.
Chair Bedford asked if it has to be agreed upon by staff and the applicant in writing.
Cy Stober said it could be in email.
Chair Bedford said she is concerned about skate park liability. She asked if the applicant
is obligated to build the skatepark.
Cy Stober said the applicant is obligated, and that would be enforced by staff. He said
they would have a conversation with the developer, and they would not issue the "C of C" for the
clubhouse until they provide some financial surety that the skatepark would be realized.
Chair Bedford asked if the county and the Town of Hillsborough have added the water and
sewer in the ten-year transition areas.
Cy Stober said no not universally.
Chair Bedford said there was no intention to have lighting on the fields, but the condition
said they would have low lighting. She asked which is accurate.
Patrick Cummings passed a map to the Board showing a lighting configuration for the
baseball fields. He said the first proposal to include lights was a capital discussion rather than a
planning or zoning one. He said they do intend to install lighting at some point due to capacity
issues. He said they can extend into the night with lights, and they would be used. He said that it
was stated so they would not have to come back for permission to install the lighting. He said that
any lights would comply with Orange County's UDO. He said that they feel they can achieve the
LIDO requirements.
Chair Bedford asked about the slides that are in conflict and what the proposed condition
is.
Patrick Cummings said they are agreeable to a condition that would require them to have
no lights at a certain time in the night.
Cy Stober said the drafted ordinance restricts it to just the tennis courts and the condition
presented by the applicant is for all facilities. He said that would need to be agreeable to the
Board.
Commissioner Fowler asked how long they have to bring the plan to fruition. She said
she thought it was seven years. She asked what happens if they decide to change course. She
asked if there is a time limit they have to wait before they ask for rezoning.
Cy Stober said there was no time limit, but they would still have to go through staff review.
Commissioner Richards asked about the future land use map designation and the public
utilities and services. She asked if there is a plan to have public services.
Cy Stober said the utilities plan in the packet rely on the Town of Hillsborough to extend
water and sewer and the state law allows for a school to request a utility reservation. He said the
applicant has requested that.
Commissioner Richards asked if the Town of Hillsborough has the right of refusal, or if
they are mandated to provide it for the school.
Cy Stober said the statute requires the utility reservation, but the discussion of extension
will be between the applicant and the town.
49
Commissioner Richards asked if the conversations have happened or if they have not
been approved.
Cy Stober said they have not yet been approved yet.
Commissioner Richards clarified that the school is requesting the utilities and the fields
will use septic. She asked why the schools will not have a cafeteria.
Cy Stober said it would be if the school is on septic, it would be fats, oils, and greases and
that makes the septic harder to maintain.
Commissioner Richards said that seems like a big deal that it is unknown if the schools
would have water and sewer extended. She asked if they approve the proposal and then they do
not receive the extension.
Cy Stober said he would defer to the applicant because they had a lunch or meal strategy.
Commissioner Richards asked if this issue should be considered in their decision.
Cy Stober said he thinks it is a matter to consider.
Commissioner Richards said that in the 20-year transition area it is an area changing from
rural to urban, it is suitable for urban type densities and should be provided with public utility
services. She asked if there is an agreement with the Town of Hillsborough to provide those
services.
Jim Parker said the Town has reserved capacity for the 9-12 school. He said that is 6,000
gallons per day and they have a letter for that. He said the extension of the lines would be charged
to the school. He said that the site is served by water all around the property, but sewer is the
only utility not at the property.
Commissioner Richards said that the plan also calls for a K-8 school and asked if capacity
has not yet been reserved.
Jim Parker said that has not been reserved at this time because there is not a user for that
parcel. He said the K-8 parcel is available but no user has been identified. He said once they have
a user, they would request the capacity from the Town of Hillsborough.
Commissioner Richards asked what the commitments are for the project.
Chair Bedford asked if they were allowed to consider the commitments for the project.
John Roberts said they can certainly ask it.
Jim Parker said HYAA is using the fields and the tennis club is the other parcel. He said
those would be well and septic. He said the school use would be public water and sewer and the
current user identified for the 9-12 school would not have a cafeteria or showers. He said that is
the way their model works.
Commissioner Hamilton said it seems incomplete because it talks about how municipal
water and sewer are for the school buildings, but there is nothing that discusses the impact on
the septic system. She said an understanding of the impact to the neighbors who are on wells
and septic systems is also incomplete. She said it would be helpful for her to understand if there
is more information available and to understand the impact on the community.
Cy Stober asked for clarification. He asked if the concern is the potential adverse impact
of a septic system and a well. He said the Department of Health subject matter experts are in
attendance. He said the technical evaluation and the septic related permits have not been
provided to staff. He said the operations of those have to conform with state laws. He said that a
failure would be messy in regard to jurisdiction. He said the expectation is the system will perform.
He said the groundwater analysis was done but he cannot speak to how that might impact the
neighbors.
Vice-Chair McKee asked if there are strict state and county guidelines for wells and septic
systems.
Victoria Hudson, Environmental Health Inspector, said Orange County's setback rules are
stricter than the state's. She said that depending on what the development tends to be with the
athletic fields, they will not know until they receive an application, so they cannot speak definitively
about what is needed at this time. She said that at the time of application, they will evaluate the
50
soil or, depending on if it is a large system that is engineered, they will need the work of the
engineer to make sure it is installed according to Orange County regulations.
A motion was made by Commissioner Fowler, seconded by Commissioner Greene, to
open the public hearing.
VOTE: UNANIMOUS
PUBLIC COMMENT:
Margo Lakin said that the Commissioners are reminded that they are to only consider the
land use when deciding how to vote and are told that the business or the tenant who might occupy
the land should not be considered. She said the proposal does not meet Hillsborough's Land Use
or Sustainability plans. She said that the proposal is not in a walkable neighborhood and there
are no plans to build through 2050. She said in the 2030 comprehensive land use plan there are
eight planning principles, and the proposal meets none of them. She said it does not meet
objectives 1.1,1.2,2.5,2.8,2.9,3.1,3.2,3.6,6.2 or WASMPBA 2G, 6A or 6E. She said this is a spot
zoning request to make the Town of Hillsborough provide water and sewer to a future landlord's
property. He said his primary desire is to get water and sewer from the town. She said that she
strongly believes that town officials should decide how the water and land is used. She said that
it is not a dream about a school or ballfields. She said it is spot zoning that will give an LLC
unmitigated power to dictate where water and sewer expands. She said that the one tenant is a
charter high school and the other are unknown. She asked them to deny the request.
Hollis Chatelaine said she does not understand why something created by man and
destroyed by man is called vandalism and when something that is created by nature and
destroyed by man, it is called progress. She said they have heard many arguments about roads,
school, safety, sewers and wells, athletic fields, and the developer's legacy. She said that they
are not considering the bigger picture. She said there are over 60 varieties of birds, and her yard
is designated as a bird sanctuary by the National Audubon Society. She said even with this, they
no longer hear the call of the redwing blackbirds or see the indigo buntings or wild turkeys. She
said that the development is taking away where they live and nest. She said that the US has lost
1/4 of the birds since 1970. She said light pollution is killing them. She said that North Carolina is
a vital corridor from New England to the tropics. She said that Lawrence Road is habitat to eight
threatened species of migratory birds. She said that thousands of animals will be killed and
nesting areas for birds, amphibians, and insects will be lost forever. She said they need to look
at the big picture. She said that they need to protect the environment for the future. She said that
she wonders if the legacy of the developer will be progress or the killing of the species in their
natural environment. She asked them to vote no.
John Hughes said he has lived in Cedar Grove since 1974. He said he empathized with
people in the Eno community. He said he was a social worker and worked with kids for about 35
years. He said they were high risk kids. He said he attended a meeting at Orange High School
where the athletic director said that children involved in organized activities were less likely to
participate in drugs, have early pregnancies, and less likely to engage in self-destructive behavior.
He said whether or not the Lawrence Road project is approved, he said he'd like for the Board to
help organizations that help children participate in organized sports. He said he encouraged them
to provide organized space for athletics and to work with already established organizations.
John Dempsey said that approving this project would be in direct conflict with the
WASMPBA. He said Hillsborough turned down this parcel for the extension of utilities. He said
the developer then came to Orange County with a spot zoning request. He said that now the
residents of Hillsborough will shoulder the burden that benefits an LLC. He said that Hillsborough
has provided their reasoning for denying the project. He said that if the Board approves this
despite Hillsborough's denial, they would be setting a precedent and setting a policy where any
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real estate interest could command any jurisdiction to extend utilities to any parcel in Orange
County by virtue of signing a letter of agreement with a school. He said that this proposal would
rip Hillsborough's new land use policy to shreds. He said if they approve the spot zoning request
it would also rip the WASMPBA agreement to shreds. He asked the Board to vote no.
Meaghun Darab said that the developer's mention of using septic and well would be a
major change to the scope of this project. She said that a cafeteria has never been in this plan.
She said that the soil report said that there is 8 acres required to accommodate the school. She
said this site plan only shows septic for the recreation fields and does not account for the school.
She said that on January 24, 2022, during Summit Engineering's presentation to the Town of
Hillsborough, they said that the fields only become a reality if utilities are allocated for the parcel.
She said that if the developer goes forward with the development of a school and tennis club, the
area where the fields are currently shown will be dedicated entirely to septic. She said the use of
septic is not in the site plan. She said if septic is going to be used for the school, the developer
should withdraw the request and submit a new one. She said that she wants the board to think
critically when the developer speaks of septic for the school system. She said that the developer
owes the Board of County Commissioners the entire picture of this development. She said that if
they are keeping the site plan as presented, then the statement of not needing Hillsborough water
and utilities should be retracted. She said the site plan as shown, should be voted no and asked
the Board to keep the area rural residential.
Katie Harper thanked the Board for taking public comment. She said her family lives near
the development. She asked the Board to vote no on the rezoning. She said that the application
is inconsistent with land use goals and objectives, particularly with respect to walkability,
connectivity and preserving the rural character of the community. She said that Lawrence Road
is not appropriate for any kind of school. She said that she understands why this is a difficult
decision. She said that it seems that it is in the best interest for the families that attend the
Expedition School because they will receive priority enrollment at West Triangle. She said that it
is also a project that seems to be in the best interest of HYAA families and they would receive
much needed new fields. She said that it is in the best interest of tennis players who want more
courts. She said that it is not in the best interest of the public at large. She said that there is no
public transportation or sidewalks. She said that this project would not preserve the rural
character of the community. She said it is not in the best interest of the vast majority of
Hillsborough residents because their water and sewer rates are already expected to increase 6%
in the coming year. She said that more rate increases will follow if this passes. She said that the
town voted no on providing water and sewer and if it passes, they will be forced to. She said it is
too costly for the town and provides no tax revenue. She thanked them for the proposal to
renovate Fairview Park. She asked them to look into options for new sites for HYAA and West
Triangle School. She said the fields are all good ideas but not in this location.
Lynn Carswell said asked the Board to please vote no, and keep this property zoned rural
residential.
Hillary Mackenzie asked the Board to vote no on the spot rezoning and keep the parcel
zoned rural residential. She said she is an advocate for traditional public schools and is against
the funneling of money to charter schools, it does not matter the type of school because they do
not have public utilities there and it does not make sense to provide them. She said she was
surprised by the proposal by Jim Parker to negotiate with Orange County Schools to build a new
school because this is not actually a possibility because there are no funds for this. She said that
the Town of Hillsborough approved a skatepark to be built in Cates Creek Park. She said that
the town has already voted no on the project, and it is not in the best interest of the public.
Cathy Vinski said she lives in Hillsborough and that for the same reasons put forth by
others, the spot rezoning is not in the best public interest. She asked the Board to vote no and to
keep the land rural residential.
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Matt McDermott said he and his wife have lived for 24 years off of Lawrence Road. He
said that investment 101 is to find that one component that holds undeniable value. He said that
this site, and what would make it more valuable in the eyes of an investor, is publicly provided
water and sewer. He said that the applicant wants it and has leveraged a relatively new general
statute to get it. He said that Hillsborough struggles with water and sewer. He said that
Hillsborough elected has a smart growth agenda. He said that if further concessions are made by
the applicant for approval, that it is just the cost of doing business for them. He said that if this
request is approved, any changes desired by the applicant will be outside of a public forum and
they will have to live with the result. He asked the Board to demonstrate that they are financially
responsible. He asked them to demonstrate that they are good stewards of Orange County
taxpayers' dollars and vote no.
Hart Edmonds said this project is not a philanthropic enterprise. He said anyone would
be in favor of providing athletic fields for the youth in the community. He said that the testimony
from the fields supporters has reminded him of the movie "Field of Dreams." He said this is built
on the notion that if you build, they will come. He said it is built on speculation. He said there is
no purchaser for the K-8 property, and he does not imagine there can be a high school with no
cafeteria or with a sports program with no showers. He asked the Board to vote no.
Vicki Hill said she lives in the Little River Township. She said what she is heard from the
developers has been confusing. She said a lot of people had to look into the information
themselves, and they are here tonight as a group. She said the application does not meet the
goals in the 2030 plan. She said she has heard the planning department say that the rezoning
request is consistent, but she has heard that the proposal doesn't meet all of the goals. She said
there is a discrepancy there. She said they have heard a lot of discrepancies through all of the
meetings they've attended. She said there is a need for organized sports for children's mental
health. She said they need access to sports. She asked if the groups build the facilities, will the
high school have access to the ball fields. She said that the Town of Hillsborough has said that it
would be a financial hardship, but they are being forced to, they will have to. She said that the
neighbors have said they have shallow wells and asked what is going to happen when you have
those facilities put in. She asked the Board to vote no.
Robin Barnhill said for many reasons already mentioned, this spot zoning request is not
in the best interest of the public. She asked them to vote no.
Jane Guede said she has lived in Orange County for 50 years. She said this rezoning is
a terrible idea. She said they are being asked to sign onto an elephant in a shoebox and it also
seems to be a pig in a poke. She said they have heard about wells and septic for the fields, but a
charter school would demand that the town provide water lines. She said she is very concerned
about water lines, water rates, and long-term damage to environment and water supply overall.
She said they've heard about turning lanes, if there will or won't be, but it depends on what
NCDOT says. She said that turning on Lawrence Road is already horrendous. She asked them
to vote no.
Robb Minton said he and his family have lived on Wingate Drive for 25 years. He said
Hillsborough is known for its rolling hills, lush green forests, walkable trails, rivers, rich history,
residents note reasons for coming there include a peaceful lifestyle and sense of community. He
said those reasons alone bring tourism and a real tax basis. He said that these rural values are
consistent with the land use objectives. He reminded the Board of the reasons why the Town of
Hillsborough voted against this rezoning plan. He said one is the Comprehensive Plan Summary,
Section 5 says adapt policies to move the community towards sustainability. He said that this is
not part of that. He said that section 6, says to promote land use values while protecting natural
resources. He said that this application is not part of that section. He said that section 9 focuses
on pollution prevention and waste reduction. He said that this project does not meet this. He said
that section 11 says to protect their water supply, and he added that no one has mentioned a
hydro-geographic survey. He said there are residents that depend on wells for their water supply,
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and no one has looked into what is going to happen to their wells if this project is approved. He
said that the Town of Hillsborough has already denied their request for water usage for the
schools. He said that in view of climate change, the earth is heating up. He said this is not a good
idea at all and asked the Board to please vote no.
Charlie Clouse noted petitions against the development. He said that there is one with
1,257 signatures that oppose the rezoning. He said that he also has a Carolina Tarwheels, a club
of over 500 bicyclists, that are against the proposed development. He also said there is opposition
from the New Hope Audubon Society. He said that the developer's attorney said that a lot of the
homes in that area have water and he said that needs to be looked at because there are very few
homes in that area that have public water.
Scott Czechlewski said he is the CEO of the Hillsborough's Chamber of Commerce and
that his comments were on behalf of the Board. He said that the applicant created a plan that fits
within the scope of a development deemed appropriate for this site. He said that everything to
approve this charter school has complied with all state and local authorities. He said that the
charter school has been approved to be placed in Orange County by the State Board of Education.
He said that it is their opinion that the application complies with the Orange County
Comprehensive Land Use Plan. He said that the parcel is in the 20-year transition area, meaning
that the county intended for this area to evolve. He said the athletic fields are sorely needed. He
said there is a significant shortage of baseball, softball, tennis, and pickleball courts in the area.
He said that is why this project has strong support from the HYAA and Orange Tennis Club. He
said there will always be traffic fears with any new development, the developers' commitments
will help alleviate those concerns. He said that many proposals for this property have been made
for this parcel over the last 15 years and all have been denied. He said the area youth will be
served in many positive ways. He said that it's time that a project that meets the guidelines of the
UDO and the Comprehensive Plan is approved, and the Hillsborough Board of Directors hopes
that the Commissioners will agree with professional planning staff that recommended this project.
Scott Gastona said he came to Hillsborough 40 years ago to raise quarter horses. He
said he learned from Ted Abernethy, Moses Carey, Steve Halkiotis and others. He said at one
point he was approached and asked to run for the school board. He said he did not because he
did not have a dog in the fight. He said now he does, his community. He asked the Board to look
at the legacy of the commissioners before them. He said once Moses Carey was asked about
the school system and his words were "blood and treasure." He said it was the Board's obligation
to think about the future and to solve the problems of blood and treasure. He said this is his first
Board meeting in 30 years and he has been very impressed. He said that this is a deliberative
body. He said there are two sides, and they really have something to deliberate. He said there
was a soccer company in a trailer on 15-501 years ago and it turned into Sports Endeavors. He
said there were a lot of arguments to turn that into a business over the years. He said to think
about the Sportsplex. He said that this is about the kids and asked them to solve the problems.
Carol Tuskey said she was moved to attend the meeting thinking of the needs of birds in
her community. She said she heard that someone was complaining that bird poop was destroying
their porch, so they destroyed the nest. She said that broke her heart. She said she can't
understand why people don't care enough about the birds. She said for years she has been trying
to encourage the birds to come to her yard. She said that she has about 2.5 acres and she sees
less and less birds. She said that she does a bird count every day. She said she no longer sees
turtles and if there are any, they will never have a chance in crossing Lawrence Road. She said
there has been a decline in her bird count and especially a decline in migratory birds. She said
she wished that people would care more about the plant, the birds, and the wildlife. She said she
loves her neighbors and has a cute groundhog in her yard. She said she does not want to live in
a city-like environment.
Brandon Welch said he has lived off Lawrence Road since 2011. He said he takes issue
with the project mostly on environmental grounds and rural character. He said he has witness
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urban sprawl and he is afraid that Hillsborough is in danger. He said that he and his brother grew
up playing in fields in Benton, Alabama and they are now gone. He said that most of what made
the quaint town is gone. He said that his parents are in their 80s and their home is surrounded by
apartments. He said it makes going home difficult. He said that if they keep taking away from the
environment, if left unchecked, Hillsborough will become another Benton. He said he moved to
Hillsborough for a reason and for its heart, fields, streams, and forests. He said that he hopes his
children will visit one day and that it will still be recognizable. He said that he does not oppose
athletic facilities. He said his son plays tennis for Cedar Ridge and he is in opposition to that
project. He said that he is not opposed to bringing schools to Orange County but that this is not
the right place for that. He asked them to vote no,
June Minton said she was in agreement with what others had said. She said she is a real
estate broker. She said she is appalled by the confusion over the project. She said there are
different answers to questions, and they have some that have not been answered. She said if she
had a client that was making a decision and she had all of these unknowns, she would not be
able to advise them. She asked the Board to vote no and to consider the facts.
Amber Bickford said she agrees with most of the words of the supporters. She said that
she is interested in accountability and responsibility. She said teachers, coaches, athletic teams,
know kids and they can get accountability at home and at all of their activities throughout the day.
She said she is in support of the rezoning. She said that charter schools do not have huge
budgets. She said that it is normal for schools to not have a dedicated cafeteria, but they would
have access for all, and food brought in from outside. She asked the board to approve the project.
Susan Halkiotis said she is a lifelong county resident and lives within a mile of Lawrence
Road. She said a lot of things in Orange County have already changed. She said that she is
sympathetic to those opposed. She said that the suitable land for athletic fields and schools has
disappeared. She said that 200 children played HYA ball years ago is now 700. She said that she
is grateful for the few remaining fields. She said a number of opponents have stated they are ok
with the overall plan,just not the fields or the school. She said as a former school board member,
she said can vouch for the difficulty finding suitable rural land. She said there needs to be
reasonable access to water and sewer and perkable land, she said this automatically removes
many areas in the county. She said that this developer has a long history with the county and the
school board trusted his guidance when siting schools. She said that the developer lives here
and is interested in helping the county. She said she cannot help but think of when the SportsPlex
was approved. She said there were those that were opposed and said that it was not needed,
was not a good location, and did not want it in their backyard. She thanked the Board for their
decision then and asked this Board to be courageous in their vision so that kids have permanent
playing fields and athletic facilities for years to come.
Leis Horne said she agrees with those who are in opposition to the project. She said she
lives at 813 Lawrence Road. She said she moved to the area from West Virginia that is a small
town outside of Washington, DC. She said she attended the first meeting where the site plan was
displayed, and her husband is very experienced at reviewing site plans since he worked in the
field professionally. She said she knew the site plan flew in the face of the existing plans. She
said one of the reasons she moved here was because there was no zoning where they lived and
someone built a rodeo in a middle of the neighborhood, designed a slaughterhouse, and even
tried to put a dairy farm at the bottom of their driveway. She said that no one could really do
anything to prevent those things because there were no zoning regulations. She said that they
wanted to live in a place with intelligent government oversight. She said that the initial site plan
looked unfinished and very preliminary. She said they wondered if the only benefit was for the
developer to get water and sewer, and one way to do that was to invite the school to be on the
property. She said that another thing they wondered was the ballfields and tennis club. She said
it is one thing to proposed those, but people have to pay to buy the land, the taxes, to build and
maintain the fields, and the utilities. She said that they are still having to question if the ultimate
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goal is to wait for the projects to fail and to request a rezoning again to have high density
development.
Kate Faherty said she is a passionate supporter of HYAA but she worries about the
preliminary nature of the project. She said that she worries that it will affect the Town of
Hillsborough in a negative way. She said that people who already struggle to pay their water bill
will be adversely affected. She said she is torn by the costs and benefits. She said that there has
been no mention of the charter school complex leading to more water usage as it grows. She
said that she strongly supports recreational facilities for young people but asked the Board to think
of the benefits, as well as the dangers.
Jamie Paulen said she is a single mother and paying some of the highest water rates in
the state. She said the presentation says that the Hillsborough community will not just serve the
Town of Hillsborough and that anyone that lives in NC could apply. She said that this would mean
that she is paying for water for a school for children and families that are not paying for the water.
She said this additional expense is going to be difficult for those that are already struggling to pay.
She asked the Board to please vote no on the project.
Rusty Tolin showed a sign requesting that the Board vote yes on the project.
Chad Pickens said he is a resident of Lawrence Road. He said he has respect for everyone
who has expressed support and opposition to the project. He said his family appreciates the life
that they have in Hillsborough. He said they are directly affected by any change to the land
because they are about 1,000 feet away from the proposed school. He said that he supports the
project and encouraged the Board to focus on the amazing community assets, a modern campus
for schools, a STEM focused high school, and desperately needed recreation facilities. He said
that he believes the county has the right leadership to guide the project. He said that regardless
of the decision made tonight, there is no way this will remain a pristine hayfield. He said that
rather than it becoming a lifeless subdivision it could become an asset to serve residents for
decades to come.
Linda Maitland said she lived at US-70 and Lawrence Road. She said she is a retired
educator and was a single mother. She said her son learned much from his soccer and baseball
teams and that she is a pickleball player. She said that despite the positives it may bring, it is her
gut feeling that this is not the right location. She said it does not fit the area. She said that it would
bring noise, light, and traffic pollution.
Raymond Gregg said he moved to Hillsborough 6 years ago to get away from the city. He
asked the Board to vote no and to not turn this into another urban area.
Margaret Cates said she lives at 1919 Lawrence Road. She said she has lived there since
the mid-1960s. She said she is speaking on behalf of her family and neighbors. She said it is
unimaginable that they might not have birds. She said now they have deer constantly through her
yard. She said they might lose their quietness due to the noise from the baseball field. She said
traffic is terrible and the bridge is down across 1-85, and the traffic is constant. She said they are
asking the Board to keep their quiet neighborhood, so that they will be able to hear each other
over the traffic and the noise and enjoy the life they have lived for 50 years. She said she wants
to be able to continue to listen to the birds.
Allison Mahaley spoke on behalf of the Human Relations Commission. She asked that the
Board please consider how the project will affect low-income people who depend on water from
the Town of Hillsborough. She said in 2023, they have helped more than 100 families with
assistance. She said that an average of 120 customers in Hillsborough have their water cut off
every month. She asked them to please consider what will happen to low-income people if their
bills are raised. She said that they cannot base the decision on the type of school, they should
consider that Northern Orange is already home to two schools. She said that Eno Academy only
includes only 5.1% of economically disadvantaged when approximately 35% of students are
economically disadvantaged at Orange High. She said there are also huge discrepancies in racial
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diversity in charter schools and she said this will create a high school full of wealthy white children.
She asked them to vote no.
Kathleen Ferguson, Commissioner for the Hillsborough Board of Commissioners, spoke
with Commissioner Robb English and Water and Sewer Board Chair Jenn Sykes standing by her
side. She said they have shared their technical reasons to request that the Board vote no. She
said Hillsborough's limited water and sewer capacity is well known. She said that there is a statute
that requires the town to reserve capacity for a school and the requests for water and sewer may
occur in perpetuity as long as a school exists. She said that regardless if a town has a desire for
water capacity elsewhere, it must be granted to the school. She said that Town of Hillsborough
water service is not provided uniformly to neighboring properties nor does the Sustainability Plan
call for water or sewer service for neighboring properties. She said that this plan does not call for
water sewer service in this area, which is why the annexation was declined and the water service
was declined. She said the town respectfully requests that the county allows the town to allocate
these precious resources for in town use and in town residents.
Jim West said he lives at 1801 Washington Dr and has lived in his home for 20+ years.
He said he loves his neighbors, and he loves his home. He said that those in opposition are there
because they want what is best for their community. He said there will be lights and noise
everywhere. He said there is a reason why the land is R-1 right now. He said there has been a
lot of emotional arguments but asked for them to look at it from the logical side. He said it will add
noise and lights. He said that it would take him 45 seconds to walk to the field. He asked what is
going to happen if his well goes dry or his neighbors' do. He said they need the commissioners
to help them by doing the right thing.
Janet Wright-Simpson said change is inevitable. She said as a resident of Hillsborough,
she knows they are all served by the Board's land use goals, which provide a guide for navigating
these changes. She said that she believes that the applicant's rezoning request is in direct conflict
with the essence of the planning principles and for her standards of community stewardship. She
said she is a supporter of youth athletics. She said that the county's report on school capacity
should make clear that this parcel is not right for a charter school. She asked the Board to vote
no on the rezoning application.
Alex Stanford said he is a life-long resident of Hillsborough. He said he is there to stand
up for the youth and his kids. He said that the town has changed drastically over the years. He
said with the large influx, the community has a need for more schools and recreational facilities.
He said the Town of Hillsborough is at 100% capacity for athletic fields. He said he played for
HYAA and his hope is that his kids can meet their best friends through HYAA. He said that the
proposed baseball and softball facilities will help them better their youth. He asked the Board to
vote yes.
Ryan O'Keefe said he loves Hillsborough and that he has three children who play
organized sports. He said that organized sports has helped them in different ways. He said that
HYAA has had a profound effect on his life. He said he has volunteered for HYAA for a number
of years. He said the opposition says they support sports, but they do not have any idea of where
they can put the fields. He said they have looked at countless options. He said that this project
is the best option they have had. He said this is not urban development, it is schools and a
baseball field. He asked the Board to vote yes on the project.
Linda Johnson said she is a single mom and an educator. She said that she loves the
children in Hillsborough. She said the vote should be no. She said that she understands that
tonight's vote is not about tennis courts and baseball fields. She said that she wants to focus on
spot zoning. She said that the classic definition of spot zoning is singing out a parcel of land totally
different that those around it for the benefit of the owner and to the detriment of the other property
owners. She said that the question is whether it is done ethically. She said that spot zoning is
illegal in many states and municipalities. She said the developer knew what the zoning was when
he bought the property in April 2023. She said that the developer is going to make a windfall. She
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said that a spot zone that would disenfranchise those around it. She said that the Lawrence Road
bicycle club that goes up and down the road every day will come to an end. She said that the ball
fields will step on the other sports enthusiasts. She said that the county has promised an area in
Efland.
Kevin Lee said he supports having ballfields and tennis courts. He said there are other
places area available to put the fields. He said that he has an issue with charter schools because
they are not an effective or efficient for of education. He said that they usually do not meet their
purpose. He said that the Terry Sanford School of Public Policy has data that shows that charter
schools are not as good as the public schools in educating students. He said that Hillsborough
continues its pattern of unchecked growth and traffic is already horrible. He said that charter
schools, by nature, require their parents and guardians to drive the children to school and this is
using more fossil fuels. He said that school choice has been associated with increased racial
segregation and inconsistent student outcomes.
Rachel Royce said there has been a lot of discussion of social goods. She said that her
husband is a soccer coach, and they support sports. She said her son graduated from Research
Triangle High School. She said that the Town of Hillsborough considered very carefully whether
this project should go forward, and they voted unanimously no. She said she would be concerned
if the county overrides the concerns of the municipality. She urged the Board to vote no.
Justin Adamson said his son plays tennis at the Orange Tennis Club. He said his other
son plays HYAA and loves it. He said that HYAA has been looking for a solution for 20 years, and
it is time to give them a solution. He said they have been building houses but not schools. He
said that a couple of dollars on a water bill is a small price to pay for more schools. He said they
need more schools, and that the younger generation needs to be supported. He said the baseball
program is for kids and they cannot be here to advocate for themselves.
Curtis Kelly said he lives on Wingate Drive, off of Lawrence Road. He said he has been
to the Planning Board meetings and there are too many unknowns. He said that the traffic is bad
and there is only a four-way stop. He said that the remedies that the applicant is proposing are
not promised. He said that there is a historic site on the corner of 70-A and Lawrence. He said
that he does not understand the concrete median or the impact on the water shed. He said there
is no guarantee that it will be well-water or town water and that this is still very fuzzy to him. He
said the plan is not reasonable at this location. He said that it will have a negative impact on the
environment and probably on water as well. He said that the Town of Hillsborough is not in favor
and asked the Board to please vote no to the plan.
Earl Tye asked for the Board to vote in favor of the rezoning. He said he served as a coach
and board member for HYAA. He said that it is the essence of community and a community
builder. He said think about all of the volunteers that have to come together every year to make
it work. He said that he can attest to the fact that 20 years ago, they were concerned about the
long-term aspects of HYAA. He said that Collins Field served the youngest players, and those
fields are gone. He said if they lose the ability to serve children in the youngest group, then that
cuts the feeder system into the entire rest of the program. He said there has been a lot of doom
and gloom spoken tonight. He said that there is always fear of what might be out there, but those
things do not usually come to pass. He said as humans, they think about the worst. He said that
there are people in place to make decisions if there are unknowns today.
Amanda Godwin said she sent the Commissioners a video but did not send it to Vice-
Chair McKee because she did not respect him enough however, she has had a change of opinion
since he recused himself from voting. She said that everyone that has a yes, put it up if they live
on Laney Drive, Jay Circle, Laurie Drive, Adams Place, Washington, Kennedy, or Wingate, or
Jefferson and Lawrence. She said that she is assuming that there are none up. She said that
there are a lot of people ready to sacrifice the property of others property.
Joey Webb said he is the executive director of West Triangle High School. He said that
the school is responsible for paying for the cost of hooking up water and sewer. He said he feels
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it is an appropriate use of the space. He said that he is also concerned about the environment.
He said he wants a complimentary relationship with Orange County Schools. He said they put
forth a budget of$2 million in needed facility repairs. He said what happens when there is a public
bond needed for new schools or facilities. He said that growth is occurring and SAPFO is a
controlled measurement tool, that gives them control He said that every other data source says
that there will be substantial growth in the community. He said that he has been in this for 15
years. He said that 100% of his experience has been with low-income kids of color. He said if you
are black or brown in Orange County, you have a 1 in 4 chance of being proficient in high school.
He said that if you are disabled, you have a 1 in 10 chance. He said he wants those kids in his
school. He said that he has built every logistical legal restriction to his school to make sure that
happens. He said he wants a school with a weighted lottery, bussing, and lunches. He said he
will bring it. He said they need a new option.
Jim Ray said if you add another 1,400 people it will add 1,000 trips and Lawrence Road
cannot stand it. He said it cannot stand what is has now. He said they need to be very careful with
runoff if it is approved because they have a pond that is filling up now. He said he does not know
what he is going to do with that now. He said he is from the golf course, and it is downhill from
the project. He said that there is a man promising the county $400,000 for turn lanes and two of
the lanes would be on property that the golf course owns so he would like to see $800,000 for the
lanes. He said that you could solve a lot of these problems if they go back to Brady Road and
build a bypass.
Cheryl Howard said that in her community, the corner of Washington Street and Adams
Place, there is already a problem making a left turn. She said the proposed entrance of the project
would be very close to that corner and possibly break off any opportunity to have any way out of
the neighborhood except to make a right-hand turn. She said that if you look at the long-term plan
for 1-85, the other exit from the neighborhood might not be there. She said that HYAA does need
fields. She said the tennis people need something. She said that this impacts her ability to get out
of her neighborhood and that a lawyer at one of the first meetings told her that she would just
need to figure it out on her own. She said that does not feel like looking out for the community.
She said she has been there for 40 years and that she is emotional about this because she is a
retiree and so are a lot of her neighbors. She said a lot of the neighbors are also Hispanic and did
not understand the letter. She asked them to vote no at this point because there are things that
need to be considered.
A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to
close the public hearing.
VOTE: UNANIMOUS
Chair Bedford said that the BOCC Rules of Procedure call for the Board to end meetings
by 10:30 p.m. and it was past that time. She said that the Board did not have time to deliberate.
She suggested that the Board recess the meeting and pick a time in the future to continue the
meeting.
John Roberts said that there was one item from earlier in the meeting that needed to be
revisited. He said that item 8-s was not correctly voted on and said the Board should revisit that
before the meeting is recessed.
Chair Bedford asked why they needed to revisit item 8-s.
John Roberts explained that the language in the abstract was not the correct wording for
what was needed. He said the Board needed to reconsider the item and approve it with different
language.
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A motion was made by Commissioner Richards, seconded by Commissioner Greene, to
set aside item 5-b temporarily to be immediately taken up again after revisiting item 8-s.
VOTE: UNANIMOUS
A motion was made by Vice-Chair McKee, seconded by Commissioner Fowler, to
reconsider item 8-s, the Purchase of Modular Classrooms for Efland Cheeks Elementary School.
VOTE: UNANIMOUS
A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to
approve the resolution for item 8-s approving the leases for mobile classroom units for the 2023-
2024 school year and authorize the Chair to sign and fund the long-term lease of these 10 units
from Aries Modular, Inc. at a cost of$851,180.
VOTE: UNANIMOUS
A motion was by Commissioner Hamilton, seconded by Commissioner Fowler, to resume
discussion of item 5-b.
VOTE: UNANIMOUS
Chair Bedford suggested that the Board meet at 7 pm on June 12, 2023 to continue
discussion of item 5-b. There was a meeting for the purposes of a closed session already
scheduled that night, but the planned closed session would be rescheduled for a future date.
A motion was made by Commissioner Hamilton, seconded by Commissioner Greene, to
recess the business meeting and recess item 5-b and continue the meeting and discussion of the
item at 7 pm on June 12, 2023 at the Whitted Building.
VOTE: UNANIMOUS
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CONTINUED BUSINESS MEETING
June 12, 2023
7:00 p.m.
The Orange County Board of Commissioners met for a continued Business Meeting on
Monday, June 12, 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.
A motion was made by Commissioner Hamilton and seconded by Commissioner Greene
to reconvene the June 6, 2023 business meeting.
VOTE: UNANIMOUS
Vice-Chair McKee asked Cy Stober, Planning Director, asked if the project was consistent
with the 2030 Comprehensive Plan.
Cy Stober said yes.
Vice-Chair McKee asked if Cy Stober and his staff had the training, certifications, and
education to analyze Orange County regulations and make a determination as to whether the
project is consistent.
Cy Stober said yes, including himself they have four AICP certified planners, numerous
employees who are graduates of UNC's school of urban and regional planning, and several
certified zoning officers by the State of North Carolina.
Vice-Chair McKee asked how many years of experience staff has.
Cy Stober said senior staff have about 70 years of experience.
Commissioner Portie-Ascott asked if questions about the administrative practices of the
proposed school are allowed.
John Roberts said this item is only about the use of the property. He said those questions
would not be appropriate for the Board's consideration at this point in the meeting.
Vice-Chair McKee asked the leader of the HYAA, Patrick Cummings, if it is correct that
HYAA served 950-100 children.
Patrick Cummings said that is correct.
Vice-Chair McKee asked if they are currently renting fields from Orange County.
Patrick Cummings said that was correct, and that they currently spend $10,000 a year on
rental fees.
Vice-Chair McKee asked if their intent is to purchase the property from the landowner if
the project is approved.
Patrick Cummings said that is the HYAA board's intention to purchase the property if the
project is approved.
Vice-Chair McKee asked if they have been in contact with financial institutions about their
plans to purchase.
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Patrick Cummings said they have met with financial partners, reviewed their finances, and
feel good about their ability to purchase the property.
Commissioner Richards asked Patrick Cummings how much it would cost to buy the land.
John Roberts said he did not want to guide the Board to not asking questions, but the
answers they receive may not be able to be considered when they are deliberating. He said they
could consider the use, the reasonableness of the use, what conditions are appropriate for the
use to protect the health, safety, and general welfare of the public.
Commissioner Richards said she wanted to know about the feasibility of HYAA's ability to
purchase.
Chair Bedford said that could not be considered.
Commissioner Richards said she had questions about traffic impact.
Cy Stober referred to slide #6 in the presentation:
NIN i c LAND USE REVIEW
NAGS 160D-701
Zonlrtp r"Watlons shall be made In accordance with a comprehensive plan and shall be
designed to promote the public health, safely,and general welfare._._The regulations
shall be made wilh reasonat�k-consideration,anwing other things, as to the charaeler of
the district and its Peculiar suitability for particular uses and with a view to conserving the
Value of buildings and encouraging the most approprlale Lite of Iand IhmLkghout Ih,&local
govenment's planning and development regulatlon Jurisdlctlan. The regulations may
not Include, as a basis for denying a zoning or rezoning reg uest from a school,the
level of service of a road facility or faerlities a buttinn the school or oroximatebr
located to the sehod.
4
MANGE COUNTY
NOFM I CAROLINA
Cy Stober said that NCDOT is required to analyze any impacts from a school. He said
NCDOT then issues a letter with the requirements to the surrounding transportation network that
they feel are justified by the impacts from that school. He said NCDOT will either pay up front or
reimburse the school for the cost of those improvements. He said NCDOT's letter states that for
this proposed school, they are required to provide turn lanes in both driveways and nothing more.
Commissioner Richards said that the information in their packet is just informational.
Cy Stober said there is some nuance about traffic generated from the recreational facilities
separate from the school. He said those are up for consideration.
Commissioner Richards said she was interested in the total number of trips.
Cy Stober said the higher number of trips is related to the school.
Vice-Chair McKee asked the applicant, Jim Parker, about a condition they proposed in the
previous meeting. He said condition was to give Orange County Schools 6 months to consider
entering into negotiations on this school site. He said that they are currently looking at another
site. He asked if the applicant would be willing to extend the timeframe.
Jim Parker said they would be willing to extend to 9 or 12 months.
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Vice-Chair McKee said that they won't know until the schools come back to the BOCC,
and he would hate to see the timeframe exceeded.
Commissioner Fowler asked as the land is currently zoned, can the developer currently
put in ball fields and tennis courts.
Cy Stober said yes, as a special use, and it would have to be considered by the Board of
Adjustment at a quasi-judicial public hearing.
Commissioner Hamilton thanked everyone who participated in the discussion of the issue.
She said this issue has brought out the need for ball fields and recreational facilities in the
community. She said her job is to balance the needs of the county. She said when she looks at
a land use issue, she does not think about who owns, uses, or operates it. She said she is
considering the use of the land — a school, ballfields, tennis courts, and recreational facilities —
and if it is consistent and reasonable. She said she sees some issues where this project is not
consistent with the comprehensive plan. She said she reviewed the definition of mixed use
residential. She said in the definition, the dominant land use is expected to be residential. She
said there is some ability to integrate other uses. She said that is very important. She said she
read a lot about the 20-year transition plan. She read a section of the 20-year transition plan
which stated that all densities of residential development would be appropriate. She said the tone
points to that this land use should be primarily residential. She said that as an Orange County
Commissioner, she is elected to interpret the comprehensive plan, and her reading is that it is
residential use.
Commissioner Fowler thanked applicant for his presentation and for the passionate
engagement by Orange County residents. She said the developer created a project that met
several needs in the county. She said all of the proposed amenities sound valuable. She said
some amenities could occur by right under the current zoning. She said the other entities could
pursue their project in a location that meets the current comprehensive plan. She said she thinks
that the charter school developer appears to have wonderful success, but the Board is not allowed
to consider the type of school, just whether a school of that size is appropriate in that location.
She said as of the 2023 SAPFO report, Orange County does not need a new high school for the
next ten years. She said having baseball fields and tennis courts sounds wonderful, but the
question is whether all of this could fit in the space and maintain the community and character of
the location and be consistent with the 2030 comprehensive plan. She said that one commissioner
has already requested that staff look into possible sites for potential baseball fields. She said the
county is adding three tennis courts in the CIP. She said that the Planning department said it
meets FLUM mixed residential, which allows non-residential and infill serving more than 50
dwellings and walkable in nature. She said that the Planning department them a pass from this
requirement, because NCDOT is not allowing sidewalks. She said that it is not serving more than
50 dwellings in a walkable manner, because NCDOT disallowed it. She said no matter whose
fault it is, it's really not walkable. She said NCDOT disallowed it because there are no connecting
sidewalks, which confirms it is not a walkable area. She said she disagrees with the Planning
department and agrees with the comments made by the Planning advisory board. She said they
stated that it is not consistent with the 2030 comprehensive plan, based on land use objectives
1.1, 1.2, 3.1, and 3.2 and possibly 6.1. She said they stated it is because it is not walkable and
is not on public transportation. She said she agrees with their decision and their reasoning. She
said typically MPZD is used if it is consistent with the comprehensive plan and our ordinance.
She said that's the Planning department's job. She said it is the Board's job to determine if the
Planning department's decision true, and also to determine if MPZD zoning is reasonable. She
said that is based on three things: 1) Is it correcting an error in the zoning ordinance? She said
it is not. 2) Is it reasonable because it is improving the public welfare? She said many of these
amenities can lead to improvements, but several of the amenities can already occur by right, and
others can in other places that fit in the comprehensive plan and UDO. 3) Does it fit the rural
character of the neighborhood? She said that it does not. She said the plan has a lot of good
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things to potentially offer, but it doesn't warrant changing to a MPZD zoning. She said they could
still pursue some of the uses on this site and could also pursue rural residential. She said the
charter school could find a location that is consistent with the 2030 comprehensive plan. She
said she planned to deny the request and she agreed with statement of inconsistency in the
agenda packet.
Commissioner Greene thanked everyone for their passionate engagement with the issue.
She said all of the uses proposed are reasonable in their place and in the right context. She said
giving a pass for the walkability requirement because NCDOT won't allow it doesn't cut it. She
said in the NCDOT complete streets policy, their rationale is that they will only apply it where it
makes sense because it hooks into existing sidewalk networks. She said there are places in the
county that are adjacent to municipalities or are in higher density areas where that would apply
and that's exactly where the county would want to encourage the sidewalk network. She said the
project does not fit with goal 3 of the comprehensive plan, which she read:
"land uses that are coordinated within a program and pattern that limits sprawl,
preserves community and rural character, minimizes land use conflicts, supported
by an efficient and balanced transportation system."
She said that isn't the case with the rezoning request. She said this site is not where the county
will put a transportation node. She said within goal 3, there was added objective 3.2 to "facilitate
the expanded use of nonauto modes of travel." She this area is not one where it works. She said
she appreciated the Planning Board's statement for recommending denial. She said she said she
thought the strongest reasoning was under goal 3 and objective 3.2 of the land use plan.
Commissioner Richards expressed appreciation for everyone who weighed in on the
discussion. She said she learned more about the comprehensive plan as a result. She said she
asked about the Future Land Use Map designation of the site as a 20-year transition area. She
said it talks about areas that are in transition from rural to urban and are suitable for urban type
densities. She said it goes on to talk about being walkable. She said she wasn't quite sure how
that fit with the 20-year transition area. She said she did not know about the need to replace
Collins Field and how many people participate in HYAA. She said the ball field uses are allowed
under the current zoning. She said she takes this very seriously and feels that the Board has a
responsibility to help meet this need for young people. She said the CIP includes tennis courts.
She said data shows there is not a need for a new school at this time in Orange County. She
said she sees a gap in how this area does not fit in the public transportation area. She said that
it does not meet the first two objectives in goal 3 of the comprehensive plan. She said she believes
that the nature and character of the current surroundings are residential and are rural. She does
not think that this project is compatible.
Vice-Chair McKee said he has a conflict of interest in this project and reviewed a section
of the memo he received from the County Attorney which explained his recommendation for Vice-
Chair McKee to ask to be excused from voting on the rezoning application due to his associational
relationship with Jim Parker, the apparent owner/landowner/applicant. He said the County
Attorney's opinion is that he cannot vote, but he could participate in the discussion and ask
questions. He said Planning department staff have about 70 years of experience, they know what
they are doing, they bring the Board good advice, and that advice should be followed, unless
there is a clear and compelling reason. He said that the staff's advice is that this is consistent
with the comprehensive plan. He said that everyone who reads the plan may come away with a
slightly different interpretation. He said he feels the request is consistent with the comprehensive
plan. He said this is a transition area, and that in the long term, it is not expected to remain what
it is now. He said the county is transitioning to an urban county. He said HYAA serves 950 to
1,000 children and provides services that the county does not provide. He said many children,
including his own, benefit from that participation, and it is critical for children's development. He
said the four fields HYAA uses will be gone in a year due to the train station. He said what is the
future for HYAA without this or some other location. He said 8 or 9 months ago, he petitioned the
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Board to consider adding athletic facilities for field sports, but the Board did not move forward with
that request. He asked without HYAA, what is the future for youth athletic sports. He said that
regarding schools, he didn't follow the idea that schools couldn't be located in rural residential
areas. He said SAPFO is a planning tool, but the need for schools totally controlled by
demographic changes. He said that he is not surprised that NCDOT is not amenable to sidewalks.
He said there is no public transportation route through the area now, but routes change to meet
demand. He said they are in the process of adding another circulator route to reduce wait times.
He said they can provide transportation. He said Orange County is not the county he grew up in.
He said it is no longer a rural county.
Commissioner Portie-Ascott thanked everyone for being engaged in the process. She
thanked everyone who wrote emails. She thanked the president of HYAA for meeting her at the
ball fields and that it was enlightening to see what they do. She said she was touched hearing
about the impact they have on the children they serve. She said it is obvious that they need a
permanent home. She said she understands how sports change the lives of children. She said
she was glad to hear that they could still potentially have ball fields if the project is not approved.
She said she was torn as a parent of a high school student. She said she believes parents should
have some say in where their children go to school. She said that SAPFO projections are a tool
to determine where schools are needed. She said SAPFO shows that another school is not
needed for another five years. She said the county hired a consultant to review school capital
needs, and that it would be premature at this point to add another school without that report. She
said that this project is in conflict with goal 3 of the comprehensive plan. She said that the Town
of Hillsborough didn't support the project, and the plan encourages the county to be good
neighbors with other municipalities. She said she would not support the request.
Chair Bedford thanked the staff for their work in reviewing the item and bringing the
agenda material to the Board. She said they can only consider land use, but not the type of school
or the type of recreation. She said many of the arguments made by the public were inaccurate,
some were accurate, both pro and against. She said she considered the eight guiding planning
principles in the comprehensive plan. She considered the first principle, "Efficient and Fiscally
Responsible Provision of Public Facilities and Services." She said SAPFO has been adopted for
about 20 years and updated annually and does not call for a new school or new capacity at any
grade level for the next 10 years. She said some of the 2016 bond was used to increase capacity
at Cedar Ridge High School, and that is one of the key reasons that no capacity is needed now.
She said some schools are overcrowded, but that the Orange County School Board of Education
would begin the redistricting process. She said that ball fields and tennis courts are a pro for the
first principle. She said they offered several positive conditions, that otherwise would have been
the responsibility of NCDOT. She considered the second principle, "Sustainable Growth and
Development" and read the definition:
"Growth and development within the county should occur in a pattern, location, and
density that is sustainable over the long-term."
She said she has concerns that in this location, rural residential is more appropriate. She said
guiding principle three"Encouragement of Energy Efficiency, Lower Energy Consumption and the
Use of Nonpolluting Renewable Energy Resources,"and"Promotion of Both Air Quality Protection
and the Development of an Effective Transportation System" does not apply, although the
applicant is meeting the county's requirements for stormwater runoff. She considered the fourth
guiding principle "Natural Area Resource Preservation," and said there was not any significant
endangered species or special hardwood forests at the site. She reviewed the fifth guiding
principle, "Preservation of Rural Land Use," which she said was really important. She said on
June 1 she visited the area to gain an understanding of what the area is like. She said there
aren't sidewalks in the area, and it is not a walkable area. She said she feels the project would
be out of character for the rural area. She said the residential growth for children is in the western
part of the county near Mebane. She said there was no conflict with the sixth guiding principle,
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"Water Resources Preservation." She considered the seventh guiding principle, "Promotion of
Economic Prosperity and Diversity," and read the definition:
"Development of a diversity of new businesses and expansion of existing
businesses should occur in Orange County."
She said there is no proposed economic development plan for this parcel and the potential owners
would be non-profits and not contribute to the tax base. She considered the eighth guiding
principle, "Preservation of Community Character," and read the definition:
"Future growth and development should occur in a manner that preserves and
enhances the existing character of the county, its townships, and rural crossroads
communities."
She said that the proposed uses are not consistent with the character of the community. She
said private recreation facilities do little to promote public health, safety, and general welfare. She
said the proposal doesn't fit in with the surrounding area. She said they cannot consider that
HYAA would be the specific owner. She said the request is not a walkable small mixed residential
proposal. She said that the proposed rezoning is inconsistent, not reasonable, and not in the
public interest and that the current zoning is appropriate.
A motion was made by Commissioner Richards and seconded by Commissioner Hamilton
to excuse Vice-Chair McKee from voting on the request.
VOTE: UNANIMOUS
A motion was made by Commissioner Greene to approve the Statement Of Inconsistency
of a Proposed Zoning Atlas Map Amendment with the Adopted Orange County 2030
Comprehensive Plan and Other Applicable Adopted Plans in the agenda packet as attachment 8,
as stated in subsection c that is not reasonable with the comprehensive plan Commissioner
Fowler seconded and clarified moving entire attachment 8 in the agenda packet.
Chair Bedford read the Statement of Inconsistency, attachment 8, from the agenda packet:
"The Board of County Commissioners hereby finds:
a. The requirements of Section 2.8 Zoning Atlas and Unified Development
Ordinance Amendments of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5 Statement of Intent - Amendments, and 1.1.7
Conformance with Adopted Plans of the UDO and to Section 160D-604(d)
Planning Board review and comment — Plan Consistency and 160D-605(a)
Governing Board Statement — Plan Consistency of the North Carolina General
Statutes, the Board finds that the amendment is inconsistent with the following
Land Use Objectives of the adopted 2030 Comprehensive Plan:
1) 3.1: Discourage urban sprawl, encourage a separation of urban and rural land
uses, and direct new development into areas where necessary community
facilities and services exist through periodic updates to the Land Use Plan.
The property is zoned Rural Residential and upzoning would introduce an
intensive non-residential use to a residential area that does not have
supporting public infrastructure.
2) 3.2: Coordinate land use patterns to facilitate the expanded use of nonauto
modes of travel, the increased occupancy of automobiles, and the
development and use of an energy-efficient transportation system.
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The proposed use will introduce additional vehicles to the surrounding road
network that, by the submitted Traffic Impact Analysis, is forecast to decline
in service; and,
3) 6.2: Maintain a cooperative joint planning process among the County
municipalities and those organizations responsible for the provision of water
and sewer services to guide the extension of service in accordance with the
Comprehensive Plan, the Orange County-Chapel Hill-Carrboro Joint
Planning Agreement and Land Use Plan, and the policies of the
municipalities.
Though the adopted plans of the Town of Hillsborough identify this area as
one for utility service, the Town Commission voted to deny annexation of the
property for a similar proposed development, and the mayor has publicly
opposed the project.
c. The amendment is neither reasonable nor in the public interest based upon the
information provided at the public hearing, and because it does not match the
residential character of the local neighborhood and will not meet the walkability
needs for a mixed residential development, as described land use description of
the Central Orange Coordinated Area joint land use agreement with the Town of
Hillsborough.
Commissioner Hamilton offered a friendly amendment that it is inconsistent with land use
goal 3 of the 2030 comprehensive plan. She said it also does not meet the future land use
classification of mixed residential neighborhood as defined by the Town of Hillsborough and
Orange County Central Orange Coordinated Land Use Plan. She said she would add the
statement that it is inconsistent with goal 3 above item 3.1. She read goal 3:
"Land Use Goal 3 of the 2030 Comprehensive Plan —A variety of land uses that are
coordinated within a program and pattern that limits sprawl, preserves community
and rural character, minimizes land use conflicts, supported by an efficient and
balanced transportation system."
Commissioner Greene accepted her addition as a friendly amendment and clarified that
the language under section b of the Statement of Inconsistency should read as follows:
"...the Board finds that the amendment is inconsistent with the following Land Use
Goals and Objectives."
She said after that point, the language in goal 3 should be added.
Commissioner Fowler also accepted the language.
Commissioner Hamilton also requested to add as section 4 that it does not meet the future
land use classification of mixed residential neighborhoods as defined in the COCA.
Commissioner Greene said she accepted the addition, but would make it section c and
move section c to section d.
Commissioner Hamilton said that was fine.
Commissioner Fowler accepted the friendly amendment.
VOTE: UNANIMOUS
(Vice-Chair McKee did not vote on the motion as he was excused, but all other
commissioners present voted "aye" in support of the motion.)
6. Regular Agenda
None.
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7. Reports
None.
8. Consent Agenda
This item was moved to earlier in the agenda on June 6, 2023, after item 3 - Announcements,
Petitions and Comments by Board Members. Item 8-s was also added to the consent agenda at
the beginning of the meeting on June 6, 2023.
• Removal of Any Items from Consent Agenda
• Approval of Remaining Consent Agenda
• Discussion and Approval of the Items Removed from the Consent Agenda
A motion was made by Commissioner Fowler, seconded by Vice-Chair McKee, to approve
the amended consent agenda.
VOTE: UNANIMOUS
a. Minutes
The Board approved the draft minutes for the April 11, 2023, April 18, 2023, and April 20, 2023
BOCC Meeting as submitted by the Clerk to the Board.
b. Motor Vehicle Property Tax Releases/Refunds
The Board adopted a resolution to release motor vehicle property tax values for three (3)
taxpayers with a total of three (3) bills that will result in a reduction of revenue.
c. Property Tax Releases/Refunds
The Board adopted a resolution to release property tax values for five (5) taxpayers with a total
of eight (8) bills that will result in a reduction of revenue.
d. Proclamation Recognizing Juneteenth 2023
The Board approved a proclamation recognizing Juneteenth 2023.
e. Fiscal Year 2022-23 Budget Amendment#10
The Board approved budget, grant, and capital project ordinance amendments for fiscal year
2022-23.
f. Enhanced Voluntary and Voluntary Agricultural District Desiqnation — Multiple Farms
The Board certified five (5) landowners/farms as qualifying farmland within the Eno/Schley, White
Cross, New Hope, and Cedar Grove Agricultural District Regions; and enrolled the lands in the
Orange County Farmland Preservation Program's Enhanced Voluntary Agricultural District or
Voluntary Agricultural District program.
g. Opioid Advisory Committee Settlement Use Recommendation, and Approval of Budget
Amendment#10-B
The Board:
1) Received a recommendation/request from the Opioid Advisory Committee for use of
Opioid Settlement Funds that supports Option A of the Memorandum of Agreement
(MOA) on the Allocation and Use of Opioid Settlement Funds in North Carolina;
2) Approved a resolution regarding the expenditure of Opioid Settlement Funds; and
3) Approved Budget Amendment#10-B.
h. Contract Renewal with Central Square Technologies
The Board approved and authorized the Manager to sign a one year software maintenance and
support contract renewal with Central Square Technologies, LLC.
L Contract Renewal with NWN Corporation for DUO
The Board approved and authorized the Manager to sign a one-year software maintenance and
support contract renewal with NWN Corporation.
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j. Contract Amendment— Recreation Factory Partners, Inc. (Sportsplex)
The Board approved a contract amendment with Recreation Factory Partners, Inc. (RFP) for the
continued operation of the Orange County Sportsplex through the period ending June 30, 2025.
k. Application for Amendments to the Joint Planning Land Use Plan, Future Land Use
Map, and Zoning Atlas — 2106 Mount Carmel Church Road within the Chapel Hill
Township
The Board approved applicant-initiated amendments to the Joint Planning Land Use Plan, Future
Land Use Map, and Zoning Atlas to apply the Rural Buffer(RB) Land Use designation and Zoning
district to a portion of a parcel (4.66 acres of an 8.14 acre parcel) that was annexed into Orange
County from Chatham County in 2021. The parcel is located at 2106 Mount Carmel Church Road,
within the Chapel Hill Township of Orange County.
I. Request to Abandon Future Street at Acorn Ridge Trail
The Board adopted a resolution declaring the County's intent to abandon a right-of-way owned
by Orange County named "Future Street" and to authorize the scheduling of a public hearing on
the matter. The right-of-way is located adjacent to Acorn Ridge Trail (SR 1631) which is in the
Grand Oaks Estates subdivision located off St. Mary's Road.
m. Orange County FY 2024 Annual Transit Work Proqram
The Board approved the Fiscal Year 2024 Orange County Annual Work Program as amended.
n. Approval of the Sale of 0.45 Acre Property, PIN #0900832203
The Board approved the sale of a 0.45 acre County-owned property located in Little River
Township, Orange County.
o. Change in BOCC Meeting Schedule for 2023
The Board approved a change to the Board of Commissioners' meeting calendar for 2023.
p. Revised Memorandum of Understanding (MOU) for the Orange County Partnership to
End Homelessness (OCPEH)
The Board approved a resolution authorizing the Chair to sign the revised Orange County
Partnership to End Homelessness Memorandum of Understanding.
q. Amendments to the Orange County HOME-ARP Allocation Plan
The Board approved proposed amendments to the HOME-ARP Allocation Plan approved at the
Board's February 7, 2023 meeting to remove a named preference and prioritization method.
r. Hurricane Florence Hazard Mitigation Property Acquisition Authorization
The Board authorized the purchase of a repetitive loss property (503 Brandywine Road) through
the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grants Program.
s. Purchase of modular classrooms for Efland Cheeks Elementary School
The Board approved funding for the long-term Lease of 8 classrooms and 2-bathroom modular
units for Efland Cheeks Elementary School both for overcapacity and need to provide classroom
space for already approved renovations. This item was reconsidered later in the meeting to
amend the Board's action and vote to approve the resolution for item 8-s approving the leases for
mobile classroom units for the 2023-2024 school year and authorize the Chair to sign and fund
the long-term lease of these 10 units from Aries Modular, Inc. at a cost of$851,180.
9. County Manager's Report
Bonnie Hammersley had no report for the Board.
10. County Attorney's Report
John Roberts said he had no report for the Board.
11. *Appointments
None.
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12. Information Items
• May 16, 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
• Smart Goals FY 2023-24 Budget Update
13. Closed Session
None.
Adjournment
A motion was made at 8:03 p.m. by Commissioner Fowler and seconded by
Commissioner Greene to adjourn the meeting.
VOTE: UNANIMOUS
Jamezetta Bedford, Chair
Laura Jensen
Clerk to the Board
Submitted for approval by Laura Jensen, Clerk to the Board.