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HomeMy WebLinkAbout5_1_24 Planning Board Minutes Approved 6.5.24 1 MEETING MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 MAY 1,2024 4 REGULAR MEETING 5 6 MEMBERS PRESENT:Adam Beeman (Chair), Cedar Grove Township Representative; Lamar Proctor(Vice-Chair), 7 Cheeks Township Representative; Delores Bailey, At-Large Representative; Beth Bronson, At-Large 8 Representative; Marilyn Carter, At-Large Representative; Statler Gilfillen, Eno Township Representative; Chris 9 Johnston, Hillsborough Township Representative; Steve Kaufmann, Bingham Township Representative; Liz 10 Kalies, Chapel Hill Township Representative; Charity Kirk, At-Large Representative; Whitney Watson, At-Large 11 Representative. 12 13 MEMBERS ABSENT: None. 14 15 STAFF PRESENT: Cy Stober, Planning & Inspections Director; Patrick Mallett, Deputy Director— Development 16 Services; Perdita Holtz, Deputy Director—Long Range Planning &Administration; Tom Altieri, Senior Planner— 17 Long Range Planning&Administration; Taylor Perschau, Current Planning and Zoning Manager; Lauren Coffey, 18 Planner I. 19 20 OTHERS PRESENT: Anthony Cecil; Jana Murdoch Doherty 21 22 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 23 The meeting began at 7:01 PM. 24 25 AGENDA ITEM 2: INFORMATION ITEMS 26 Chair Beeman reviewed the upcoming calendars. 27 28 AGENDA ITEM 3: APPROVAL OF MINUTES 29 April 3, 2024 Regular Meeting Minutes. 30 31 MOTION BY Lamar Proctor to approve the Meeting Minutes with corrections to line 463. Seconded by Statler 32 Gilfillen. 33 34 MOTION PASSED UNANIMOUSLY. 35 36 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA 37 None. 38 39 AGENDA ITEM 5: PUBLIC CHARGE 40 41 INTRODUCTION TO THE PUBLIC CHARGE 42 The Board of County Commissioners, under the authority of North Carolina General 43 Statute, appoints the Orange County Planning Board (OCPB) to uphold the written land 44 development law of the County. The general purpose of OCPB is to guide and accomplish 45 coordinated and harmonious development. OCPB shall do so in a manner, which 46 considers the present and future needs of its citizens and businesses through efficient and 47 responsive process that contributes to and promotes the health, safety, and welfare of the 48 overall County. The OCPB will make every effort to uphold a vision of responsive 49 governance and quality public services during our deliberations, decisions, and 50 recommendations. Approved 6.5.24 51 52 53 PUBLIC CHARGE 54 The Planning Board pledges to the citizens of Orange County its respect. The Board asks 55 its citizens to conduct themselves in a respectful, courteous manner, both with the Board 56 and with fellow citizens. At any time, should any member of the Board or any citizen fail to 57 observe this public charge, the Chair will ask the offending member to leave the meeting 58 until that individual regains personal control. Should decorum fail to be restored, the Chair 59 will recess the meeting until such time that a genuine commitment to this public charge is 60 observed. 61 62 AGENDA ITEM 6: CHAIR COMMENTS 63 None. 64 65 AGENDA ITEM 7: ZONING ATLAS AMENDMENT(CONVENTIONAL DISTRICT)-To review and make a recommendation 66 to the BOCC on an applicant-initiated zoning atlas amendment to rezone two parcels totaling +/-9.37 acres from 67 R-1 (Rural Residential) to GC-4 (General Commercial). The parcels are located at 3009 Forrest Ave., Efland 68 within the Cheeks Township (PINs: 9854-18-4217 and 9854-18-9274). This item is scheduled for BOCC public 69 hearing on June 4, 2024. 70 71 PRESENTER:TAYLOR PERSCHAU, CURRENT PLANNING AND ZONING MANAGER. 72 73 Taylor Perschau: We'll move to Item 7 which is a Zoning Atlas Amendment for a Conventional District 74 Rezoning from R1, Rural Residential to GC4, General Commercial. I'm Taylor Perschau, the Current Planning 75 and Zoning Manager. I'm going to walk you through the specifics of the requests, kind of just the process 76 overview and the specific details that staff is particularly interested. And then I will also have the opportunity to 77 introduce you to the applicant,who can speak for their own application better than I. So,we are talking about two 78 parcels in Efland that are at 3009 and 3100 Forrest Avenue. The applicant tonight is Efland Ruritan Club. So,as 79 a reminder of the different zoning options, we are talking about a Conventional District Zoning tonight. We have 80 Conventional, and then we also have Conditional as a rezoning option. With Conventional,we're going from one 81 category to another that is a broad, general zoning that's inclusive of multiple different uses. It does not require 82 a site-specific plan. Basically, opens up the property for this one, to GC4. If we did our math right, there are 52 83 different permitted uses within GC4, so we're moving tonight from a residential to what would potentially be a 84 commercial district. Your objective tonight is to hear from me, the applicant, and any public, to review and 85 discuss the analysis and Director's recommendation, and then come to a determination to recommend either 86 approval or denial to the Board of County Commissioners that will make the final decision. So, an overview of 87 the request is that we are over here just west of Hillsborough on US 70. Again,that's 3009, 3100 Forrest Avenue 88 in Efland. It's in the Cheeks Township. The watershed is the Upper Eno Protected, and again, the applicant is 89 Efland Ruritan who has historically owned and maintained the property and uses it for various nonresidential 90 uses at present. So, Rural Residential is what it's currently zoned, which is not in alignment with its 91 nonresidential use today. The overlays that are true for the property are that Upper Eno Protected Watershed 92 and the Efland Village Overlay. The Village Overlay is one that's applied when we have site plans that come in 93 and it basically applies specific setbacks or height restrictions that are specific to this Efland Village area, so this 94 area with the horizontal striping is the Village and then to the south, we have Efland Interstate Overlay, which 95 similarly applies different setbacks, and site plan specific standards when the site plan comes through. You will 96 see that the majority of the surrounding zoning is the yellow, R1. We do have some Neighborhood Commercial 97 here in the red and to the east, we have Agricultural Residential. To the south is the Office Research and 98 Manufacturing. Of course,when we're talking about any kind of rezoning whether it's Conventional or 99 Conditional,we always have the Future Land Use Map and the Comprehensive Plan in mind, and your task, the 100 Board of County Commissioners, and staffs' task is all to consider whether the rezoning would be in alignment Approved 6.5.24 101 with what the Comprehensive Plan calls for, and in particular, the Future Land Use Map. So, the Future Land 102 Use Map designates this area as Commercial Industrial Transition and that is land that's focused on designated 103 road intersections within either a 10-year or 20-year Transition Area that's appropriate for retail and other 104 commercial uses, and/or manufacturing and other industrial uses. So,there's no proposed change to the Future 105 Land Use Map itself. Surrounding uses include single-family residential and the mobile home park to the north, 106 just up here. To the south, you'll also find single-family residential and the North Carolina Railroad line runs 107 east-west right here. To the east,there is some commercial auto repair and single-family residential, and then to 108 the west, there's also commercial auto repair, single-family residential where there are some churches, there's 109 Efland Supermarket, and a few additional commercial uses. So, what is required for the Conventional District 110 application? Of course, the complete application signed by the applicant, a map showing the land proposed for 111 rezoning, and a narrative detailing basically why this request makes sense or why they believe it makes sense, 112 and that could be how the proposed amendment corrects an error and how it is consistent with the consistent 113 with the Comprehensive Plan. And then, finally, it also requires additional information as identified by reviewing 114 agencies, and all of these have been provided by the applicant. So, a quick overview of GC4, General 115 Commercial. General Commercial is intended to provide suitable, situated and sized sites that allow a broad 116 range of commercial office and service uses, and then it has performance standards used to ensure the absence 117 of adverse impacts on the zoning district boundary, so should this zoning be applied to the property, these 118 dimensions are particularly kept in mind if there were to be a subdivision of the property or if there is future 119 development of the property with the addition of buildings. 120 121 Jana Murdoch-Doherty: Good evening. Thank you for this opportunity to address the Board. My name is Jana 122 Murdoch-Doherty. I'm a board member for the Efland Ruritan Club, and this is Anthony Cecil. He is a long-time 123 member and current president of the club. We are coming before you this evening to request this 124 recommendation to change the zoning designation from R1 to GC4 on the parcels owned by the Efland Ruritan 125 Club. We believe this change would bring the property zoning in line with its current and historical uses, as well 126 as with the County Future Land Use Plan. As Ruritan is one of the lesser known civic organizations, I'd like to 127 take just a moment and share a little information about it. Ruritan is a national civic service organization made up 128 of local clubs dedicated to improving their communities by identifying needs in their area and implementing 129 solutions to address those needs. Club membership represents a cross section of the community in which the 130 club serves. It is not restrictive with regard to occupation, social position or any other specific criteria. Currently, 131 there are about 25,000 members in 900 communities nationwide. Our club in Efland was founded in 1981 when 132 four local citizens saw a great opportunity to serve and support our community there. They came together to 133 purchase the land from the Orange County School Board and charter the club to benefit Efland and Orange 134 County, and we have been in operation ever since. Our mission as a nonprofit civic organization is to strengthen 135 and improve our community through various activities and financial methods. Prior to the Club's existence, this 136 property served as the local high school for the area and before that, as the site as the elementary school. Many 137 local citizens have a strong connection to this site and happy memories from those times. Not long ago, I was 138 chatting with one of our members about the history of the buildings while we were preparing a benefit dinner, and 139 1 got to hear some really great stories about when he attended the high school. This sort of oral history is made 140 possible by being able to gather together in this place and being able to pass those stories down helps to deepen 141 the younger generations' connection to the community also. It's clear that this centrally located spot makes 142 sense as a hub of activity and community engagement in the area. It has always been a natural gathering place. 143 Currently, we serve the community in several different ways including events for community enjoyment, 144 scholarships for graduating seniors from each of the local high schools, sponsorships of other local clubs and 145 community organizations, benefit meals, and more. Every year,we host a rodeo which is very well attended and 146 enjoyed by our local community, as well as surrounding communities. We allocate $6,000.00 each year to 147 provide scholarships to two graduating seniors from each area high school who are furthering their education, 148 either in academics or in a trade. We support youth programs both financially and by donating our space for their 149 use. This year, we're sponsoring youth sports teams and we also support the high school athletic teams, 150 specifically, the football teams, by providing a meal each year during their regular season. We've been Approved 6.5.24 151 approached by Scout troops in the past about using our buildings for meetings, and we're very open to this. We 152 also allow other community focused groups, such as the Efland Historical Society, to use our space for regular 153 meetings. Over the years, Relay for Life, American Red Cross, Hillsborough Hog Day, Timeless Cruisers, 154 Hillsborough Sports Fishing Club, Orange County Sheriffs Department, and local churches and schools have all 155 used our property to help support their goals and to improve our community for all Orange County citizens. We 156 coordinate the benefit meals to support individual members of our community who have had tragedies befall 157 them,from house fires to medical diagnoses. We also have outdoor facilities, a playground, and a walking track 158 which the members of the community have access to for recreational purposes. Finally, we make our buildings 159 available to the community as an event rental space for an affordable fee. Any money we earn is used to 160 maintain our physical spaces, pay property taxes and other bills, and most importantly, to fund our 161 service-oriented activities. The Club's membership has been growing steadily over the past 5 years, increasing 162 in number and diversity. The membership is starting to better reflect the diverse makeup of our community from 163 ethnicity to gender to age. We currently have about 35 members which is an increase of, like, 11 to 12 percent 164 over the last 5 years. We think it's a really great sign to see the roster growing as many organizations have seen 165 a decline in membership over the past decade. Our intention is to continue using this space to support our local 166 community. We are focused on providing more opportunities for community enjoyment and engagement. This 167 year, in addition to our annual rodeo,we added a tractor pull in the spring. We're in the process of brainstorming 168 and implementing ideas about additional ways to give back including more regular summer events, such as free 169 concerts or movie nights, additional or more regular benefit meals, and community service projects. Attendance 170 at the Rodeo is so strong that we're also exploring ways to allow this continue growing as well. We would also 171 like to be able to add a State Employees Credit Union Cash Points machine, as there are not any ATMs nearby. 172 This is what provided the impetus for our long overdue rezoning application. Without the change in zoning, this 173 affordable access to banking would not be allowed on our property. We think it's an important service to provide 174 so that community members can have access to their money at a convenient and nearby location. Given our 175 growth in membership and activities, we don't anticipate the Club disbanding at any point in the near future. 176 Sadly though, my crystal ball is not working, and since no one can really guarantee anything,we do have a plan 177 designated in our charter and bylaws should this ever happen. In the event that the Club should cease to exist, 178 the land and assets are slated to be distributed among the area churches in an effort to maintain the space for 179 community service of some kind. What that would look like is flexible, but again, the intent is to keep this space 180 as a benefit to the community in one way or another. This rezoning will make sure that the Club can continue to 181 support the community in as many ways as possible. Not only does it align with the County projected use of the 182 area, it will also match the current use and allow us to offer additional services in the future such as adding an 183 ATM. We appreciate your consideration, and we will do our best to answer any questions you may have for us. 184 185 Statler GiIfillen: You said you purchased the property in 1981, that would have been 46 years ago. Since 186 that period of time, you've been basically doing what you're asking for in the zoning before us right now. 187 188 Jana Murdoch-Doherty: Yes. 189 190 Statler GiIfillen: So, historically, what you're asking for is a change in the paper writing, perhaps. 191 192 Jana Murdoch-Doherty: Yes. 193 194 Statler GiIfillen: But has there ever been any complaint or is anybody with Planning staff aware of any 195 complaints or legal issues about your use of the land and what was technically a violation of the zoning? Has 196 that ever appeared to anybody, any knowledge? 197 198 Cy Stober: I can answer that question,we don't have any complaints on record in recent history. I can't 199 comment back to 10 years. 200 Approved 6.5.24 201 Statler Gilfillen: Thank you. That eliminates my questions. 202 203 Marilyn Carter: Well, thank you for your presentation tonight and your package. I'm familiar with the site. 204 I've been at the Ruritan Club during voting times and so we appreciate that use in the past. Um, I do have a 205 question about two things. One is, typically there's Neighborhood Information Meetings associated with 206 rezoning requests, and I believe there's a Neighborhood Information Meeting that was held for the rezoning 207 request? 208 209 Taylor Perschau: So, a Neighborhood Information Meeting is actually not required for a Conventional. So, it 210 was not held in this case. 211 212 Marilyn Carter: Thank you for that clarification. Perdita has taught this to us, but it's always good have it 213 validated. The second question has to do with the nature of zoning and commercial zoning. And it appears that 214 this is certainly within the Matrix Attachment 2 in the packet that a GC4 zoning would meet the requirements, but 215 1 do have a question since some of the neighboring properties are actually zoned as Neighborhood Commercial. 216 What is a compelling difference between those two zonings and is there a reason that you wouldn't be able to 217 request a Neighborhood Commercial zoning to be consistent with your neighbors. 218 219 Taylor Perschau: So, I don't know. You might have a better answer, but I do believe we looked at both 220 General Commercial and Neighborhood Commercial, and I think the specific use that they had in mind for the 221 drive through ATM,was more suitable for GC4, but since someone is coming up,do you have something to add? 222 223 Pat Mallett: That's what I was going to say. That's sole basis for determination on the zoning category 224 since they had just a general case, but they knew exactly what they wanted to do. 225 226 Perdita Holtz: There's an actually an obscure use standard, and I think it's like 5.17, where Assembly 227 Uses,which is what a club is, you can't have more than 100 participants in a LC1 or NC2 district, so therefore, a 228 club would have to be either CC3 or GC4. So— 229 230 Beth Bronson: Can you repeat that, I'm sorry. I apologize. I just want to make sure that I understand. Of 231 100 people? 232 233 Perdita Holtz: Yeah, if you, I think it's 5.17. It might be 5.18, 1 don't recall of the top of my head. There is 234 a use standard for Assembly Uses, which means like the assemblage of people in a place. That, if, if it's in LC1 235 or NC2,there can't be more than 100 people in attendance at one time. And so,the Ruritan Club, like rodeo that 236 they have draws more than 100 people— 237 238 Beth Bronson: So, it's not the Club itself, it's special events that they have. 239 240 Perdita Holtz: Yes, or potentially if they were to grow. So, there is that restriction in, in the UDO for the 241 assembly uses. 242 243 Beth Bronson: Thank you very much, I appreciate that. 244 245 Cy Stober: Section 5.18, on Page 113 of Article 5. 246 247 Taylor Perschau: I would just offer that I have a few more slides to get through process wise, which we can 248 continue discussion now, or if I get through the slides, then it can be a totally open floor. 249 250 Adam Beeman: It's up to you. Approved 6.5.24 251 252 Taylor Perschau: Okay. I did want to go ahead and acknowledge that we met requirements for public 253 notification as detailed in the UDO, so notices for this meeting were mailed via First Class Mail to all property 254 owners within 1,000 feet of the subject parcels on April 19th. Signs were posted on the subject properties April 255 18th, and ever since we've had application materials ready, we have had them posted publicly on our Active 256 Development Webpage. Staff analysis is that the application is complete in accordance with Section 2.8 of the 257 UDO. We also find that the proposal is consistent with goals and objectives outlined within the Orange County 258 Comprehensive Plan, as was referenced. The Matrix where we're looking at the Future Land Use Classifications 259 against the zoning does find that GC4 is compatible with the Commercial Industrial Transition in a way that Rural 260 Residential is actually not. So,the amendment is also found to be reasonable and in the public interest because 261 it furthers goals of the adopted Comprehensive Plan and is located in an area designated on the Future Land 262 Use Map as Commercial Industrial Transition Activity Node. Such areas have been identified as areas changing 263 from rural to urban in form and density, allowing a full range of commercial and industrial uses. So, now that 264 you've heard from myself and the applicant, now would be time for more review and discussion. I'm available, 265 Jana and Anthony are available, so back to you. 266 267 Whitney Watson: I know you would like to have a drive through ATM there, and I think the reasons make a lot 268 of sense. I was curious about what other ATMs are already in the area? I think there's one at Missy's Grill. Is 269 there any other? 270 271 Anthony Cecil: The only two that we know of are business owned at Missy's Grill, and the other one is at 272 Efland Supermarket. The closest State Employees would be Churton Grove, and then the next one would be 273 downtown Mebane near Junction. 274 275 Whitney Watson: Right. Since I know that ATMs can drive business, so customers come there, they get their 276 cash, then they go in and spend it. What are the business owners of these two other ATMs. Have they had any 277 comments about the installation of additional ATM in that area? 278 279 Anthony Cecil: I haven't talked to the owner of Missy's. I do know him personally, but I have spoken, not 280 directly about this subject, with Randy, and I know at Efland Supermarket. I know, the Credit Union had been in 281 touch with him at one point in time, but I think due to rental or lease agreements, I don't think it ever went through. 282 283 Adam Beeman: All right, thank you. Steve? 284 285 Steve Kaufman: I have no questions. 286 287 Delores Bailey: I do have a question. Back to the ATM, does it cost you all to have the ATM positioned 288 there? 289 290 Anthony Cecil: No,we do have a lease agreement where I think they were paying us something, $300.00 a 291 month— 292 293 Delores Bailey: So, you guys might get some money. 294 295 Cecil: Yeah. 296 297 Delores Bailey: Okay, thank you. 298 299 Beth Bronson clarified which parcels were being applied for, so Ms. Perschau discussed the symbology on the 300 map to identify this. Approved 6.5.24 301 302 Anthony Cecil: The reason we're trying to get the whole property rezoned to the commercial is to bring us 303 along to what we actually do. That whole property was a school building. Personally, I don't think any other 304 school building around here is zoned residential. I don't know why this one was, but we're just trying to get our 305 property for the use that we have, bring it in line with what we're doing. That little piece of property right there,we 306 do use a little piece of it. Most of it is woods. But we use a little area for parking and stuff like that. We have 307 allowed when they was doing road work, they come and park their trucks there, they turn around. The people 308 that were putting all the fiber in, they've been parking down for over a year, which they just left, but I think are 309 coming back. So, we're just trying to bring everything into — 310 311 Beth Bronson: So, you have been renting it out as a storage area for supplies? 312 313 Anthony Cecil: We haven't been charging them folks— 314 315 Beth Bronson: But again, if it was General Commercial, you could. 316 317 Anthony Cecil: Yes. That's not our intent. 318 319 Beth Bronson: No, absolutely. And it makes complete sense that you would want to bring into alignment. 320 Well, it seems like R1, because when the business itself was there, there was not a zoning, and so when there 321 was a zoning applied, it all just kind of gets labeled, and then as people make changes, they have to kind of go 322 through the process of making the changes. So, here we are. So, thank you very much, and I appreciate that. 323 324 Chris Johnston: Whenever we do these Conventional District Rezonings, I always try to look at what's in the 325 new zone that wouldn't fit in for the neighborhood, because when we do these Conventional District Rezonings, 326 there are certain things that become permittable by right and so, Ms. Carter actually already asked my question 327 about did it make more sense for it to be NC2. I've just been reading over the standards for LC1, NC2, and EC5, 328 and I guess there's no real way around it because you guys already do more than 100. We've been out to the 329 Rodeo a couple of times now, and it's been great so, I have no further questions. 330 331 Charity Kirk: Just sort of touching on that same topic, General Commercial, one of the things listed was 332 water and sewer mains exist at the site or to be made available or the lot size for individual uses are appropriate 333 to the method of water supply and sewage disposal. What is the current water supply and sewage disposal, and 334 are there any issues with that? 335 336 Anthony Cecil: No, we have city water and city sewer on that property. 337 338 Charity Kirk: All right, thank you. 339 340 Cy Stober: To clarify, it's Orange-Alamance water and City of Mebane sewer. 341 342 Charity Kirk: I wasn't sure where. I knew there was talk of water and sewer at some point. 343 344 Cy Stober: It's serviced with utilities. One's a non-profit and one's public. 345 346 Charity Kirk: Okay, thank you. 347 348 Lamar Proctor: This is kind of maybe a joint question for staff as well as the applicant. If it's rezoned then 349 that zoning runs with the property to whoever buys it, right?So, our question is whether, regardless of the owner Approved 6.5.24 350 or the intent, that it's consistent with the surrounding uses. I mean, is Efland Ruritan's intention to stay at that 351 site? 352 353 Anthony Cecil: Yeah, we have no intentions of ever closing. There is a stipulation in our bylaws. If 354 something was to ever happen, that property is supposed to be divided up between the area churches, so 355 hopefully, it will still stay for community use. That's why it was done that way. 356 357 Lamar Proctor: Do your bylaws permit you to sell it? 358 359 Anthony Cecil: No, we're not, they won't sell it. If the club ever dissolves, then the property would be 360 broken up. It would be taken control by the area churches. 361 362 Lamar Proctor: So that's part of the bylaws. And if you all needed to relocate, could you relocate? Or do 363 you have to dissolve and reform another organizational charter or something? 364 365 Anthony Cecil: We've never really thought about that. We're not planning on going anywhere. The Ruritan 366 Club was formed several years ago by, my father was one of them, I've been there since early'80s also, but it 367 was formed to help the community and do different things and just be there basically for a place for people to 368 meet. We've had everything from carnivals just trying to pay for the property. Fortunately,we run into the Rodeo 369 and it helped us out a lot, but no, we don't have any plans of shutting down. 370 371 Lamar Proctor: Well, I want to thank you for what you do for the community. I mean I represent this area 372 and I live in Efland, so thank you all for all the work y'all do. I really appreciate it and that's all I have. 373 374 Anthony Cecil: Thank you. 375 376 Adam Beeman: The only question I have is do you have an idea of where it would be located on your 377 property, this ATM? 378 379 Anthony Cecil: If you look, what we had talked about with the Credit Union, there's a little driveway right 380 here. It used to be where the school buses and all entered the property. About halfway down we had thought 381 about putting it right there. That was the initial plan, and they actually came out and laid it out and then that's 382 when the permit got denied. That's when we figured out that it, what it was zoned and that's why we're trying to 383 solve that problem. We had talked about putting it right there, but we're kind of open to putting it somewhere else 384 if they think it would be better. And the biggest reason we're asking for a drive-through is safety purposes. We 385 are kind of in the rural area and ladies, I don't think they like to come up and get out and have to walk up there, 386 especially in the evening, and stuff like that, but that's the only reason we've discussed a drive-through instead of 387 a walk up. 388 389 Adam Beeman: So, in that vein, would you block it off rodeo nights because I would assume most of your 390 walking patrons are going to stop at that ATM? 391 392 Anthony Cecil: Well, when we talked to them, we told them that we couldn't block it off at that time,just 393 because the amount of traffic we got there. It's a madhouse anyway.We've already talked to them and told them 394 we couldn't guarantee them nothing during that particular weekend. 395 396 Delores Bailey: I have a quick question about the safety of it. If it's not Rodeo weekend, how safe is that? Is 397 that like a lot of people that have eyes on where you're anticipating putting it? 398 Approved 6.5.24 399 Anthony Cecil: Yes, there's several families that live right there. My family lives there. My father lives 400 there. The Crabtree's live right there. We've never had a problem. I've seen people walking on the track at 2 or 401 3:00 in the morning. That's just when they're doing exercises because we have it well lit and then when we do 402 have to ATM brought in,we do have plans on putting more lighting out there for that purpose and taking a couple 403 trees down just for the simple fact to leave it more open. I used to be a deputy sheriff, and it's not the fact that it's 404 a bad area, but if you can prevent it,just take all obstacles out of the way. 405 406 Delores Bailey: I appreciate that. My other question is how many years have you been doing the rodeo? 407 408 Anthony Cecil: This will be 28 years. 409 410 Beth Bronson: When will it be this year? 411 412 Anthony Cecil: We actually moved it back a week. It's the last weekend of September. 413 414 Beth Bronson: All right, good to know. Don't want to compete with Hog Day. I do have one additional 415 question, well just a few questions, did you say SECU did provide you with site plans for the Cash Points? 416 417 Anthony Cecil: They did. They come out there and actually drew it out where they wanted it to put and then 418 1 think when they went and applied for the permit, they were told at the time the only place they could put it was 419 up under our shelter at the building which would take, it wasn't practical to do that. 420 421 Beth Bronson: But to be clear, it was not the zoning that was the issue of a rejection; it was the 422 drive-through— 423 424 Anthony Cecil: No, the zoning. The zoning is what shut it down. 425 426 Beth Bronson: But if you had put it in the shelter, the zoning would not have been an issue? 427 428 Anthony Cecil: I don't know exact, really what they were talking about, but that's what they were told at the 429 time. 430 431 Beth Bronson: That's understandable. I mean the building itself,would it support having the Cash Points to 432 be able to drive up to, park and walk into it? Is that feasible? 433 434 Anthony Cecil: No. 435 436 Beth Bronson: I mean given that they would want to install a drive-through, would they be installing all of 437 the asphalt and pavement? 438 439 Anthony Cecil: There's already some pavement there that they may be able to use but yeah, I'm assuming 440 there's a certain area they'll pave and I'm not sure to be honest with you. 441 442 Beth Bronson: Yeah, I just wanted to know there was no site plan for adding it. It's kind of hard to 443 understand because there's also that parking lot that's adjacent to it,which I understand you use as parking, but 444 if there was a standalone drive-through, or pull up, ATM on that empty lot the two on— 445 446 Anthony Cecil: Yeah, that's called the ticket booth on that little lot, and the other day I said, well that 447 wouldn't be a bad spot right there. 448 Approved 6.5.24 449 Beth Bronson: Thinking about how they have those standalone kiosks with the clear walls and you would 450 walk up to it versus or you drive around through it, however, but there's a lot more space to move around there 451 than there is to cut into the parking lot of the Ruritan Club. 452 453 Anthony Cecil: So the biggest reason we looked at the other one is just because it has an in and an out 454 pretty easily. The other one is pretty rough. One end is pretty rough out and— 455 456 Beth Bronson: Yeah, no I see that for sure. I am not an asphalt expert, but given the age and state of the 457 asphalt now— 458 459 Anthony Cecil: Oh yeah, it'd have to have something done. 460 461 Beth Bronson: Yeah, and I just wanted to make sure that,are you operating on good faith that they're going 462 to be covering those costs or are they going to be coming to you and asking, you know, for, doing that. 463 464 Anthony Cecil: Yeah, I can't remember what the conversation was on that. I think it's pretty much,they told 465 me what they needed, so like I said we was in compliance with what they needed. 466 467 Cy Stober: So Ms. Bronson, and Board, we've been looking at a lot of Conditional Zoning cases over 468 the last year. You're getting accustomed to seeing site plans that accompany a zoning application. This is 469 Conventional Zoning, and it allows for a menu of uses, including the ATM, and that's what's being considered 470 tonight. We will do our jobs. Taylor's staff will do their job to ensure that it complies with all the development 471 standards of the County, including paving and lighting,which we have explicit language in our Ordinance that the 472 lighting is intended to be for safety purposes, so we will be addressing all of that when we receive the site plan, 473 should the zoning be approved by the Board of Commissioners. But this is simply to consider whether it is a 474 consistent land use zoning district for the Efland Village and the surrounding neighboring properties, so I just 475 want to remind you, there's more than just the ATM. There's more than just the Rodeo to consider. There's the 476 entire menu of uses. Staff has analyzed the application and the proposed uses and feels that this is in the 477 applicant's interest to request and we've done an analysis that finds it's consistent with our Comprehensive Plan. 478 479 Beth Bronson: And I absolutely respect that and I don't mean to grill you on design plans or anything like 480 that, but I do appreciate it. Thank you for providing the info that the Credit Union gave you in the first place. 481 That's good to know. 482 483 Adam Beeman: Do we have any other questions? Do I have a motion? 484 485 MOTION BY Chris Johnston to accept the rezoning request as proposed. Seconded by Statler Gilfillen. 486 487 MOTION PASSED UNANIMOUSLY. 488 489 Beth Bronson: I know that we made the ruling. I have one more question. It happened very fast. I just 490 want to make sure that General Commercial, like the non-profit nature of the Ruritan Club doesn't change. 491 492 Cy Stober: We have no authority over that. That's a deed restriction. That's between private property 493 owners and would be resolved during the deed transfer. 494 495 Beth Bronson: Okay. 496 497 Cy Stober: We would acknowledge that the covenant exists. It's a pretty well-known covenant at this 498 point, but we don't enforce it. Approved 6.5.24 499 500 Beth Bronson: Okay. Just wanted to make sure. 501 502 Lamar Proctor: I meant to ask this before we approved it, but were there any comments on, from public? 503 504 Beth Bronson: No. 505 506 Taylor Perschau: No, we did not. Staff did not receive any comments. 507 508 AGENDA ITEM 7: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENT—TOBACCO AND HEMP RETAIL USE- 509 To review and make a recommendation to the BOCC on proposed amendments to the UDO pertaining to 510 "Tobacco and Hemp Retail" uses. This amendment is in response to a petition made by the BOCC and was 511 reviewed at the April 3, 2024 ORC meeting. It is scheduled for BOCC public hearing on June 4, 2024. 512 513 PRESENTER: CY STOBER, PLANNING DIRECTOR. 514 515 Cy Stober: I'm pleased to be here this evening to present two Text Amendments. I'm happy to talk to 516 before we close about the third one that the Ordinance Review Committee reviewed last month. We are still 517 working on that, but I can provide an update on that. I am pleased to present this evening the UDO Text 518 Amendment to permit, define, and regulate tobacco and hemp retail uses. I'll acknowledge, I have underserved 519 you. I don't have a process slide at the beginning of my presentation. I got lazy because I brought this to the 520 ORC last month and nearly all of you were at that meeting, so just a reminder of your responsibilities tonight are 521 to consider the Text Amendment before you to discuss it and then to make a recommendation to the Board if 522 you're prepared. There is an option for you to continue the discussion to a later meeting if you'd like. Those are 523 your options this evening. 524 525 Mr. Stober overviewed the definition of Tomacco and Hemp Retail Uses, referencing the presentation provided 526 to the Ordinance Review Committee. 527 528 Lamar Proctor: You said the proposed change would put this as a Conditional Use? So it wouldn't So, a 529 permitted use by right of, in any zoning district? 530 531 Cy Stober: Correct. 532 533 Lamar Proctor: So existing uses would be grandfathered in if they already exist? 534 535 Cy Stober: Correct. 536 537 Lamar Proctor: And if you wanted to do a new hemp stores or whatever,vape shop,you would have to do a 538 conditional zoning application? 539 540 Cy Stober: Mm hmm. 541 542 Chris Johnston: And if you wanted to make any changes to your existing hemp shop you'd have to become 543 in compliance, which means you'd have to come before— 544 545 Cy Stober: That's correct, so you'd be regulated by Article 8 of the UDO which is non-conforming uses, 546 and you'd have to bring it into zoning conformance, so you'd have to go through the public hearing. 547 Approved 6.5.24 548 Lamar Proctor: If there's already a retail—because these places are generally part of a strip mall—if 549 there's already a strip mall but they don't have a vape shop, and we enact this, and now a vape shop wants to 550 come in, that whole parcel has to apply for a conditional zoning to allow that use. 551 552 Cy Stober: The property manager would need to be the applicant or the co-applicant, that's correct. I'll 553 also remind you that this is in the County's jurisdiction so the unincorporated areas of the County, not the 554 municipalities. And it doesn't regulate the incidental sales of any of these products, so a convenience store on 555 any North Carolina highway can sell these products as part of their inventory. Yeah, they can have Snicker bars 556 and beers and pork rinds and these, and we can't do anything about that. 557 558 Lamar Proctor: Electronic cigarettes and— 559 560 Cy Stober: Exactly. 561 562 Adam Beeman: That's not the majority of their sales. 563 564 Cy Stober: The principal sales. So, as a land use matter we cannot,and this is,there's a lot of case law 565 nationally and at the state level about this, is we have to regulate the principal use and there are, like you go back 566 to adult uses, you cannot have an adult use as an incidental use on a property, but it does inform the use of the 567 entire property, but for retail purposes you really would have to demonstrate that it's the primary purpose of that 568 store is to sell these products. 569 570 Lamar Proctor: I support this amendment because these shops are essentially selling marginally legal 571 items that—so I work in criminal law, so I see this where scheduled substances, Schedules 1-6, you get around 572 them by making analogs and various different things and that's what is sold at these places. I just say that for 573 what it's worth. 574 575 Beth Bronson: To be clear, there is no tobacco retail use regulation is what you're saying? 576 577 Cy Stober: Currently. 578 579 Beth Bronson: Yes. So, this will be tobacco and hemp retail, so anybody who was selling tobacco and not 580 hemp would also be subjected to the same ruling? 581 582 Cy Stober: Yes, so if we go back to the definition, it's retail. So, if it's any one of these three products. 583 584 Beth Bronson: Certainly, and I'm familiar with them and I'm familiar with these stores and the things that do 585 exist and to his point about how many already exist within these existing strip malls, it almost feels like a matter 586 of right for them to be able to exist because it's been allowed to be for so long, so I'm trying to—grandfathered in, 587 but again, if that business owner wanted to make any changes to that business or to that building they would not 588 be able to, they would have to come in and apply and every store would be affected. 589 590 Cy Stober: That's not entirely true. There are some liberties allowed for non-conforming uses, 591 especially if they're contained within the building at it is today, so you can make internal improvements,you can't 592 make additions, you can't expand the use, you can't make it more intense. But we're not stopping someone from 593 pulling a building permit and fixing their plumbing or making a fagade improvement or something like that. 594 595 Beth Bronson: Could they put a parking lot in? 596 597 Cy Stober: No. Approved 6.5.24 598 599 Beth Bronson: And just for me and my perspective, what was the attorney's rationale for not including 600 those in LC1, NC2, GC3, GC4, EC5?What was the reasoning for not including that as like with a special asterisk, 601 Iguess? 602 603 Cy Stober: The County does not want them. 604 605 Beth Bronson: Okay. I mean, retail wise they are quite popular. And I'm not saying that the County is right 606 or wrong or the retail purchasers are right or wrong. Just that I would caution,this is creating a very stringent rule 607 and isolating one particular type of retail, and so I would just caution against that to Planning Board members as 608 we make this recommendation. 609 610 Charity Kirk: How are adult stores zoned now in general? Why not shove it into that category? Because 611 1 remember a long time ago when we were talking about Dollar Stores, there was something about, well, if we 612 rezone it, it could have an adult store, but then there's school distances and—so it's 12 and 13.Why not limited to 613 12 and 13? 614 615 Cy Stober: I'll be frank,that was in one of the drafts and Planning staff thought if the goal is to limit their 616 presence entirely in the County, that placing it in a Conditional Zoning District would be the way to do that. And 617 it was acceptable. But that was drafted, as well, the place to do exactly that. 618 619 Charity Kirk: So what, what are the pros and cons of 12? It just seems like limiting it entirely, making it 620 super difficult, or making it much more limited. 621 622 Cy Stober: Sure, I mean allowing it in a few zoning districts would make it more difficult to challenge 623 that the County's attempting to completely prohibit the use, and so that's the advantage there. But it could be any 624 one, I'm thinking particularly in Economic Development Districts where we have zoning for like Economic 625 Development Buckhorn, so the whole West Ten area over near Gravelly Hill Middle School you would still have 626 the radius restriction, but, for example the properties north of the interstate near the weigh station, I think there's 627 some that are zoned for industrial there. They would have to conform with all the other standards, like driveway 628 access and so forth. But it would be primarily in the Economic Development District. So, south of Hillsborough, 629 east of Mebane and right at the Durham County line would be the areas where you could see that. And I haven't 630 done a radius analysis to see if there, what those properties would be that could allow for that but- 631 632 Beth Bronson: Much less, would a retail space align with the current neighborhood businesses in those 633 Economic Development Districts, correct? I mean, those are warehouse, manufacturing. 634 635 Cy Stober: It would be consistent with the uses in the EDD, in the Durham County line.And it wouldn't 636 be inconsistent, I could see it going in over at Buckhorn as well if it could qualify for the radius restrictions. But, 637 again, this is the staff presentation. To your point, I think the proposal of restricting to NR-CD makes it bit more 638 vulnerable to legal challenge, but I think that we're still permitting the use in the county, we're not prohibiting it, 639 we've just required a high burden of responsibility by the applicants to qualify for that use. 640 641 Chris Johnston: And that was going to be my point. We do have uses in the use chart that aren't allowed 642 anywhere. Like there are ones that are not allowed at all. Tobacco Processing, Preparation, Packaging and 643 Distribution, as far as I can tell isn't anywhere. Starch, Vegetables, Fats, and Oils Manufacturing, we have use 644 cases where they're not allowed anywhere and it's not necessarily a feeling of targeting. 645 646 Charity Kirk: What is the Health Department planning on doing? 647 Approved 6.5.24 648 Cy Stober: They support the amendment. I don't know if they've gotten into the level of nuance that 649 you have about which zoning district they would like to see it in, but they support the amendment. 650 651 Charity Kirk: Was the goal of the commissioners to eliminate it via zoning? 652 653 Cy Stober: To tightly restrict it with a goal of tobacco cessation. I'd have to go back and look at 654 Commissioner Fowler's language, but the goal is to minimize as much as possible exposure of minors to these 655 products and she was pretty frank in her language. Wake County did this recently, I think they did allow it in 656 industrial districts, which they have less than we do because most of their industrial districts are actually in the 657 incorporated municipalities, but I don't know that, I'm guessing here, hypothesizing. We're following in the lead 658 of Wake, and I think Harnett County now, and the idea is to use this to broker a conversation with the 659 municipalities about doing the same in the municipalities in Orange County. 660 661 Chris Johnston: That was going to be my follow-up question is if there is that partnership with the 662 municipalities, because if we do it and they don't, what are we doing, right? I mean, we're still doing something, 663 but it's like half. 664 665 Cy Stober: Commission Fowler was I think pretty clear that she wants to set the example and she had 666 the consensus of the Board. 667 668 Marilyn Carter: Is there anything that would prevent our Board to make a recommendation that we'd like to 669 see actually stricter, implementation of the change to some of the districts that we talked about earlier? 670 671 Beth Bronson: How can it be more strict than a conditional district, you know? 672 673 Marilyn Carter: Well, we just talked about some zoning areas that it sounded like would not be subject, for 674 example, in the Economic Development Districts, correct, where this change would not be applicable. 675 676 Cy Stober: Right, they would still have to go through the zoning process as presented with the 677 amendment that staff is bringing tonight. To Ms. Kirk's point, if they were allowed by right or with the 678 development standards in the industrial or the commercial districts, then they could potentially be placed there 679 with a simple permit application,Zoning Compliance Permit,to the staff and we would permit it if they could prove 680 that they meet the radius requirements, as well as all of our other development standards. 681 682 Marilyn Carter: So, I guess my question is to the Board. Does it feel that there should be a stricter 683 implementation beyond what we've already discussed? I wasn't sure. So, if that's not the case then I'll move on 684 to my other question.And my other question is how many businesses are currently grandfathered in—clearly the 685 support from myself and sounds like the rest of the Board for this ordinance—how many businesses will be 686 grandfathered in that are in existence right now? 687 688 Cy Stober: I don't know of any at this time in the county. Again, in the unincorporated areas of the 689 county there may be some, but I'm not aware of them.And if they, if someone registered a complaint we would, 690 of course, investigate and have to determine when they were given the Certificate of Occupancy and if they 691 already have it and they're not making any expansions or other intensifications to the property, they're allowed to 692 persist there indefinitely. 693 694 Marilyn Carter: Okay, well, that's good to know there's no, there's no one under the grandfathering 695 situation. 696 697 Cy Stober: No, there's no sunset clause in this amendment. Approved 6.5.24 698 699 Delores Bailey: What happens if marijuana is legalized in North Carolina? 700 701 Cy Stober: That's a great question and it's going to be a big headache for me. I don't know, Mr. Bailey, 702 1 just don't know. Because there's so many variables, and states have regulated marijuana recreationally or 703 medicinally in so many different ways, so I just don't know. I mean, I grew up in Ohio which just legalized medical 704 use of marijuana, but they're doing it essentially in like with an ABC permit. Other places are treating it like it's any 705 other business. We don't know what might happen with statewide legalization. 706 707 Beth Bronson: So, in North Carolina they issued 30 growers permits for hemp. And so, to that point, 1 708 would think medical marijuana is very much coming really quickly. 709 710 Cy Stober: I haven't seen the draft legislation. I have seen that it is markedly different from what was 711 introduced 2 years ago in the short session, and then what was debated in the long session. I'm watching it 712 because it's going to be a major amendment to our Ordinance and I imagine we'll have a lot of public input on 713 that, but I really don't know how the state proposes to—and just to be blunt, if it's for medical use it's much 714 simpler for us. It will be likely licensed and affiliated with some sort of medical institution. It becomes a much 715 simpler conversation than if we're going with retail dispensaries like they have in Nevada or where else, 716 Michigan, I don't know what we'll do.And I don't know what the pleasure of the Commissioners will be in terms of 717 regulating it because it's a very political conversation. I think that the, to probably speak out of turn, I think that 718 the discussion about youth targeting will not change, but the politics of who should have access to these 719 products and why and under what circumstances is also to be determined. 720 721 Beth Bronson: I do want to piggyback off that and to your point about that, when you make it a Conditional 722 District or say that it has to be the primary use, what you're doing is maybe excluding those businesses or 723 creating a barrier for those businesses to establish themselves in the incorporated county area that we have 724 jurisdiction of, however you are driving those tobacco and hemp retail products into locations where minors are 725 completely welcome, like a gas station where that's not their primary use, but it's plastered all over the walls, it's 726 plastered behind the counter, it's plastered to the corner of the counter, so what you would be doing is effectively 727 saying, "well,you can't have a tobacco and hemp dedicated store but you could have a gas station that makes 49 728 percent of the profits from those materials," and I think that needs to be considered with Commissioner Fowler 729 having really good intentions and understandably so,wanting to create some form of regulation, I think you have 730 to be careful about what that reaction is going to be.The unintended consequence is that kids are at gas stations, 731 kids go to gas stations after the school bus stopped and if they see those hemp products and those tobacco 732 products in there and they continue to, and it's not taken away from those public locations where everybody is 733 allowed, and again designated like an ABC store. I just worry that you're creating more of a—it's not exactly 734 harm reduction. 735 736 Cy Stober: So, the modification to the motion could include that concern. 737 738 Beth Bronson: To my point about making it restrictive, my recommendation would be to add the delta to 739 certain commercial districts, having them meet that thousand feet to the schools or things like that. Does that 740 make sense to everybody? Like the idea of allowing them or you could do a Conditional Zoning, but as well, 741 making it as contingent on meeting these conditional requirements of the thousand feet from the school and 742 there's a few others, I think, but then allowing them in NC2, GC3, EC4, EC5, LC1 potentially,as a matter of those 743 Rural Nodes could potentially use a retail store like this and drive business to an area like Dodson's Crossroads 744 or something like that. Not to say that it would be positive or negative, but again, only 18 year olds are allowed in 745 that store anyways, so I'm just wanting to put it out there before we make a motion on this particular one, is there 746 anything anybody thinks about that? 747 Approved 6.5.24 748 Adam Beeman: So let's just say we pass this, the Commissioners have passed it as is right now. What are 749 the hurdles that accompany it?And is it just a foregone conclusion that they would be denied no matter what or 750 is it opportunity that if they came in and went through all the hurdles to meet that Conditional District, is it actually 751 feasible that they could be approved? Or are we just making it as difficult as possible just as a blanket, "we don't 752 want'em and that's that," because if there's no actual way that they can get approved, then I'm not sure what 753 we're doing. If there's a potential that someone could come in and meet all the obstacles and the hurdles and 754 then say, "okay,you're approved,"then I could say let's move forward. I don't know why Hillsborough and Chapel 755 Hill are going to have all these locations and you can put all the pressure on them you want, but Chapel Hill 756 doesn't listen to the County. So if they'll continue to sell them all over the place and we're really regulating what 757 little bit of land we can which probably never have a hemp or a retail store there to be begin with, so I just want to 758 know if we go through with it, is there a way that someone could actually come to the Board and get approved, or 759 there's no way, there's so many hurdles that it's never going to happen. 760 761 Cy Stober: So, we would give them the due process and ultimately that would be a decision of the 762 Planning Board and the Commissioners. As a Conditional District, I wouldn't make a recommendation on the 763 actual action, I would just make a recommendation on your review process and giving the applicant the due 764 process. If you determine that they meet this, this standard, which is fairly straightforward, and they meet all the 765 other development standards with their site plan, and there's no land use conflict in our determination and yours, 766 then it would be difficult to find an objection to it, and it also needs to be consistent with the Comprehensive Plan, 767 and so, there are a number of references in the Comprehensive Plan to healthy lifestyles, so there it would be 768 pretty easy to find an inconsistency there,just to kind of hash it out on the fly. To be honest, I don't know what the 769 determination of the Planning Board and the Commissioners would be, but— 770 771 Adam Beeman: But they have an opportunity and I guess that's the big thing is if I come in and I meet all the 772 requirements then you don't really have a leg to stand on unless you find some, like I said, some other reason,so 773 you'd have to get creative and find a reason. Just long as there was an opportunity for them to go through the 774 process and be approved or denied. Because at the end of the day, I get they don't want the use, and so we're 775 not technically taking it away from them, they still have the opportunity to come and apply, and then to Beth's 776 point, if they really wanted it they could just get creative and so, 51 percent paper mach6 and then other 49 777 percent of their profit. They can get around it if they really wanted to, but you're trying' to make it as difficult as 778 possible, so I guess that's where we're at. 779 780 Chairity Kirk: Do we want them to try and get around it though? They could have a candy store and then 781 sell 49 percent. 782 783 Adam Beeman: We can't control that aspect, that's legally not our right to control. 784 785 Cy Stober: That's correct. 786 787 Chris Johnston: Technically,they'd still have to sell candy too, right, like the sales I think would have to be 51 788 percent or whatever and at that point it's a different business. 789 790 Cy Stober: At that level of investigation, if we were charged with investigating non-conformance and/or 791 violation of this use, then yeah, we'd have to get to that level and go through the records, yeah. 792 793 Beth Bronson: And I only meant that as I see more and more gas stations using their sale, their marketing 794 and, and their availability of the vendor,just like a grocery store, they're renting out space to these hemp 795 products and to the tobacco products for shelf space, and they're only going to be required to do it more if there's 796 no actual dedicated facility to do that, and since we are a state that's not going to have liquor in the grocery store, 797 you know, or even in a dedicated store for wine and liquor—I'm not saying'that I'm for or against it, I just find it to Approved 6.5.24 798 be, to your point about putting it as a Conditional versus putting it in the GC or LMC with the stipulations, it would 799 most likely be easier and it would still most likely be in one of those districts in general... is that the understanding 800 for that Conditional Zoning? So, like it would already technically be in a commercial area because it couldn't be 801 in a residential area. 802 803 Cy Stober: Correct. 804 805 Beth Bronson: So, it would fall into 12, 13 and NC3 and NC4, EC5, you couldn't apply for it if it was R1, you 806 couldn't apply for it if it was—you could use agricultural, but— 807 808 Cy Stober: No, I mean, our agricultural zoning is Agricultural Residential- 809 810 Beth Bronson: Residential, exactly. I think that I would retract my recommendation that it would be those 811 specific commercial and leave it as a Conditional District in the sense that any applicant would already be in one 812 of those districts, it would just be conditional to the tobacco and hemp if there was an approval on this or 813 consensus. 814 815 Charity Kirk: A lot these stores are renters, they don't own the property, so that puts a burden on the 816 property owner and then the other thing is, is Conditional Zoning Districts cannot change the layout of stuff, so 817 they are set once it becomes a Conditional Zoning District. It's not flexible anymore. 818 819 Beth Bronson: If it's new construction, but if it's existing construction, then that's not gonna— 820 821 Cy Stober: But, no, Ms. Kirk is correct, if you have to get conditionally zoned, then your site plan would 822 reflect the existing structures and that would be what's approved. 823 824 Charity Kirk: Can't change anything until you go back through the whole process. 825 826 Cy Stober: You can have a phase plan that allows for future development and it can be confined to 827 areas. 828 829 Charity Kirk: If you have to plan for that future development, which is really challenging. 830 831 Cy Stober: Correct. 832 833 Charity Kirk: I mean, I'm more of the 12, 13, 1 think. 834 835 Cy Stober: That's, and so that is the determination of the Board and I'll— 836 837 Charity Kirk: I'm just going to put that out there. 838 839 Chris Johnston: Andl think that's the question that we have going forward, is where does that actually live? 1 840 guess Adam made a really great point which is are we wasting applicant's time if it at the end of this, the County 841 Commissioners have expressed to everyone we want this out of the County, we're wasting people's time and 842 money and effort, our time and everyone's time if the end point is the Health Board wants it out and the County 843 Commissioners want it out, like by putting it in a zone but leaving it Conditional, we're making everyone go 844 through a lot steps to end up with a deny that has been expressed by the County Commissioners, and if that is 845 the end goal, sticking it in an "I" or sticking it in one or two others isn't going to make a lick a difference, we're 846 going to be sitting here doing nothing. 847 Approved 6.5.24 848 Cy Stober: If you placed it in an "I" as with the development standards it would be permitted. 849 850 Chris Johnston: Oh, it would be permitted. I apologize, I misunderstood, I thought that'll be Conditional at 851 that point. 852 853 Cy Stober: Let me explain, I'm sorry— 854 855 Beth Bronson: I'm just saying that any applicant would already be in an 12, an 13, NC4, GC4, GC3, NC2, 856 LC1,they won't be in a residential or agricultural residential area, so the applicant would come from any of those 857 other ones except residential. 858 859 Charity Kirk: They could be anywhere; they could be anywhere. 860 861 Beth Bronson: So what, what is the definition of 12, 13 that makes you want it? 862 863 Charity Kirk: Well, it's just where the sex stores are. So, someone thought about this as adult area. 864 865 Cy Stober: To minimize exposure. 866 867 Charity Kirk: Minimize exposure to minors, so I'm just sort of tracking that some thought has gone into 868 sex stores. 869 870 Chris Johnston: Okay, I guess I would retract and say that if it's in a position where it is permitted by right and 871 it should be in there, then that then removes the "we're working through and wasting everybody's time" 872 argument. But then I guess the question is, we can recommend but is the County Commissioners going to go 873 along with something along those lines if they're trying'to get it out. 874 875 Charity Kirk: How restricted do we think it should be is the question. 876 877 Cy Stober: And I'll be happy to process whatever recommendation you make and present it to the 878 Commissioners, that's my job. 879 880 Lamar Proctor: I agree with Charity,these places are selling mood altering substances,that is their primary 881 product. And they tend to be attractive uses. When I was a prosecutor in Durham, these places bring in bad 882 elements because of the nature of their business. Could it be an 12 or 13 as a Special Use or a subject to use 883 standards? 884 885 Cy Stober: Well, certainly subject to use standards. 886 887 Lamar Proctor: And I'm not clear on Special Use so that's why I'm asking. That would require a permit and 888 that's usually for things that are technical. 889 890 Cy Stober: Right, and Ms. Bronson and Mr. Beeman are on the Board of Adjustment, and so it would 891 be a process to go through, but it would actually be fairly clear cut. If they meet the development standards and 892 they've shown that they're not going to harm any of the adjoining neighbors, it would have to be approved. It's a 893 very objective analysis. 894 895 Lamar Proctor: So the question really is, are you going to set such a high bar that it's virtually impossible to 896 get one or you going to shove them off into your 12, 13— 897 Approved 6.5.24 898 Cy Stober: Or both. You could leave it an NR-CD and allow it with development standards in the 899 industrial zoned districts if that's the pleasure of the Board. 900 901 Lamar Proctor: And it could be subject to use standards in 12, 13. Because of the additional 1,000 foot 902 restrictions and all that. 903 904 Cy Stober: So, yes, and I would as strongly as I can encourage you to require that, otherwise, I'll have 905 to make a different recommendation to require the use standards to the Board and I don't want to do that if I don't 906 have to. 907 908 Beth Bronson: But you're saying use the existing standards that you've put out. Not, I know you're not 909 saying that, sorry. 910 911 Cy Stober: No, I am, yes. I'm trying to be emphatic as I can, but I serve at your pleasure. Not trying to 912 tell you what to do, but I really need you to do that, otherwise, I'm going to have to make a different 913 recommendation. 914 915 Marilyn Carter: And can we ask Lamar to articulate a potential motion to validate it with the Planning 916 Director? 917 918 Adam Beeman: Well, so before we make a motion, I guess we have to debate it and agree that we want to 919 put that forward because if it's not going to go anywhere then— 920 921 Charity Kirk: So, the discussion is keeping the proposal, and then also adding it to 12, 13,with the special 922 — 923 924 Lamar Proctor: Permitted, subject to use standards. 925 926 Charity Kirk: Yes, so that we're giving a little bit more freedom,just a little bit. 927 928 Lamar Proctor: Is that a fair assessment of what— 929 930 Cy Stober: Yeah, and like I said, it matches the original drafted amendment, and after some discussion 931 we minimized it to just the Conditional District. So it's consistent with what the Attorney's Office and the Planning 932 staff have already discussed, so you're in line with prior discussions. I'm happy to share that. 933 934 Adam Beeman: I guess the big question is, is there a majority of us that feel like Lamar's motion is worth 935 discussing any further or approving. 936 937 Marilyn Carter: I'd like to hear it articulated. 938 939 Chairty Kirk: He's not saying to make the motion, Marilyn asked him to make the motion. 940 941 Adam Beeman: So, Lamar's idea, how's that? Is everyone on track with that or— 942 943 Chairty Kirk: I think it's my idea. 944 945 Lamar Proctor: It's her idea. 946 947 Chairty Kirk: My idea. I don't think he's for it, I'm getting that sense. Approved 6.5.24 948 949 Lamar Proctor: I'm actually... I see the issue. This discussion has helped me clarify the issue. This is a use 950 that is, once again, it sells mood altering substances in a lot of ways, it's an attractive use, especially to young 951 people, the way it's marketed, the products it sells. I know from personal experience working in law enforcement 952 that these places tend to not bring in the best elements, so I do think that they are far more akin to 953 sexually-oriented business than they are to just like a standard commercial establishment. I think I would be fine 954 either way with it being 12, 13 as a subject use standards orjust as Conditional Zoning. I guess part of what we've 955 discussed is the people who really want these businesses would have to go through a lot of steps for Conditional 956 Zoning that they wouldn't have to go through if it was 12, 13, subject to use standards. 957 958 Cy Stober: That's correct. The Zoning Compliance Permit and staff review does determine if it's 959 compliant with these standards. 960 961 Lamar Proctor: And these places already exist primarily in strip malls in municipal areas and if we made a 962 more restrictive, Conditional Zoning only, then that would essentially limit it's spread, and then it would be up to 963 municipalities on how to deal with them. There's kind of a background issue of the legalization of marijuana, but 964 that's a different issue, but I could see these establishments, if it became a permitted legal retail sale of 965 marijuana allowed in North Carolina, which I don't think is going to happen immediately, but I could see these 966 places converting into that, but that's further down the road. 967 968 Marilyn Carter: So, I'll just weigh in, because I did not understand that and that is why I wanted to make sure 969 1 heard it articulated at length.That Charity's recommendation,which I understand the intention, I think it's a good 970 one, but it would also weaken the requirement that's been presented to us, so because it will weaken the 971 requirement, I personally will vote against moving in that direction now that I understand it it. 972 973 Lamar Proctor: As in 12, 13, right? 974 975 Marilyn Carter: And vote for the original proposal. 976 977 Chris Johnston: Is there another proposal where it's not in any district? Is the Conditional District a waste of 978 time? 979 980 Beth Bronson: Like it's got to be reserved to a municipality. 981 982 Chris Johnston: And I guess, Cy, like in terms of legality, if a tobacco or vape shop challenged this or 983 something' along those lines, if it was in no district, is that putting us in a precarious position? 984 985 Cy Stober: I don't know. I'd have to ask the Attorney's Office. I'm not an attorney, so I don't know. 986 987 Beth Bronson: So what you're doing here is you would be defining tobacco and hemp retail, and you're 988 saying "nowhere." 989 990 Cy Stober: What I can tell you is that this was originally drafted by the Attorney's Office and it did permit 991 the use with the use standard, so this was an unusual amendment, it was not drafted by Planning staff, it was 992 drafted by the Attorney's Office, and then given to us for review and discussion and we discussed it, made a 993 couple modifications, but this is almost exactly what was given to us by the Attorney's Office. 994 995 Chris Johnston: And theirs was a Conditional? 996 997 Cy Stober: I think it was 11, 12, and 13. Approved 6.5.24 998 999 Chris Johnston: Okay, interesting. 1000 1001 Charity Kirk: And then you took it out? 1002 1003 Cy Stober: Yeah, after discussion with them. 1004 1005 Charity Kirk: So the lawyers approved it both ways. 1006 1007 Cy Stober: That's correct, that wouldn't be inaccurate. 1008 1009 Chris Johnston: You took it out of 12, 13, and then placed it in the Conditional Zoning and that was the 1010 discussion? 1011 1012 Cy Stober: Correct. 1013 1014 Lamar Proctor: And you mentioned the Eno District, I will just say an anecdotal example is when I was at 1015 the Durham DA's office there was one of these stores in West Durham approaching on 70, approaching the Eno, 1016 and there was a homicide in the parking lot amongst young people, teenagers, so the character and quality of 1017 these places is definitely suspect. 1018 1019 Charity Kirk: If the use is much harder to come by, even in 12 and 13, is there the potential of character 1020 and quality to go up? I mean, that's one of the things is like is— 1021 1022 Beth Bronson: You're putting it in an industrial district though. With all respect, I do understand what 1023 you're saying, but you're putting it in industrial district where, again, there are commercial and retail sale, but 1024 there's also an impetus for larger footprint spaces. So in industrial you could have a hundred thousand square 1025 foot building and then you have a 12,000 square foot hemp and tobacco retail, and so then, again, you're 1026 creating this one spot that is off the beaten path for people who would like to go and buy these products without 1027 a lot of other public around, and if you're talking about trying to deter that type of behavior, you're basically just 1028 isolating that to one area of town which, again, could be problematic if you think about where the industrial zoning 1029 is and what residential areas might be near it. That is a consideration, I would think. 1030 1031 Lamar Proctor: To me the only question is,do you want to allow some due process where someone could if 1032 they convince Board of County Commissioners that this was a good thing for the county and was consistent with 1033 Comprehensive Land Use Plans, Conditional Zoning or do you wanna just say,"hey, people are going to do what 1034 they're going to do so let's shove it into 12 or 13 over there with the sexually-oriented businesses, because it's 1035 clearly a vice-oriented business. Me, personally, I would approve it as written, that it should just go under 1036 Conditional Zoning. I don't see how,just given the definition, that it is consistent with the Comprehensive Land 1037 Use Plan, but maybe some future retailer could convince some future board as to how it is.There is a process by 1038 which such a retailer could get approved if they really tried. 1039 1040 Cy Stober: That's correct. 1041 1042 Chris Johnston: Could I put a motion now, that is unpopular and then figure out where we stand from there? 1043 1044 Adam Beeman: Good. 1045 1046 MOTION BY Chris Johnston to submit the proposed amendment with the change where Tobacco and Hemp Retail 1047 is in no Conditional Districts. Seconded by Charity Kirk. Approved 6.5.24 1048 1049 Chris Johnston: Take it out of the Conditional Zoning District, the NRCD, where I believe it was placed- 1050 1051 Charity Kirk: Well, so what's the alternative? 1052 1053 Chris Johnston: So, the alternative is to have it blank across the board. 1054 1055 Adam Beeman: You can't do it anywhere. 1056 1057 Chris Johnston: You simply cannot do that in Orange County that we take it out of the Conditional Zoning 1058 because we feel that given the language from the Health Board and from the County Commissioners that to ut it 1059 in there would be to waste the applicant's time. 1060 1061 Charity Kirk: Sure, I'll second that. 1062 1063 Delores Bailey: So, doesn't that further make Beth's point about if you tell them they can't have it they'll put 1064 it someplace else and it'll just— 1065 1066 Chris Johnston: I think that argument is if you tell them they can't, they put it somewhere else is true of any 1067 law, right? Like if you make murder illegal they're going to go murder somewhere else or something like that. 1068 1069 Charity Kirk: Lamar's point is if you limited these, and Beth, too, to just 12 it's going to be even worse. 1070 1071 Delores Bailey: But to put it no place? 1072 1073 Charity Kirk: Well, then it has to go in stores that are selling 50 percent or more of something else. 1074 1075 Liz Kalies: I was going to say, do we have the authority to say we can't have... I mean, what if I said 1 1076 don't like massage businesses, can we take them off the list? 1077 1078 Cy Stober: Um, you could petition the Board to do that. 1079 1080 Liz Kalies: We actually have that authority? 1081 1082 Cy Stober: Well, to make a recommendation on behalf of the Board. 1083 1084 Chris Johnston: I guess my take is just if everyone agrees that there's reason that the Board would say no to 1085 these things due to health concerns or whatever the case may be, what are we doing? 1086 1087 Statler GiIfillen: You're saying that this would be basically a non-allowed use in the county. 1088 1089 Chris Johnston: Yes, that is correct. 1090 1091 Statler GiIfillen: Why don't we just state it. "This is a non-allowed use?" 1092 1093 Lamar Proctor: Well, that's what he's saying. 1094 1095 Chris Johnston: I don't that I even agree with that, but what I'm hearing from everybody and everything here 1096 is that the vibe is that we are trying to limit the exposure in the county. And so if that's the idea, anywhere in the 1097 county is in the county, and so to have it open and not mean it is worse than to have it or not have it. Approved 6.5.24 1098 1099 Statler Gilfillen: So, may I ask this question? If I go to the state liquor stores, how do the zoning of that 1100 compare to what we're talking about here? I figure that's pretty high on the list of control areas, maybe I'm wrong. 1101 1102 Beth Bronson: But ot's regulated by the state, this is on a county level would be my only— 1103 1104 Statler Gilfillen: They have the right just to stick it wherever they want it in the county? 1105 1106 Cy Stober: No. 1107 1108 Lamar Proctor: I looked and I didn't see it. I assumed it fell under just retail. 1109 1110 Cy Stober: You're right. 1111 1112 Marilyn Carter: As we're considering the motion, I do have a question and that is do we have any public 1113 comment on this issue? 1114 1115 Cy Stober: We have not. 1116 1117 Adam Beeman: Go ahead, you have a question? 1118 1119 Delores Bailey: I believe that people should be able to sell and run a business they way they need to. 1 1120 thought it was restrictive at first. I think this is really restrictive. I'm not of the opinion that we should not allow it, 1121 so I just want that stated clearly. 1122 1123 Adam Beeman: Are you of the opinion to leave it as the amendment is written whereas just as Conditional 1124 District? 1125 1126 Delores Bailey: Yes. 1127 1128 Adam Beeman: So, you don't necessarily agree stuffing it into an 11, 12, 13? 1129 1130 Delores Bailey: Not necessarily. 1131 1132 Adam Beeman: Okay. 1133 1134 Chris Johnston: And I want to say, I've got my motion out, it's got a second, I think we're at the point where 1135 we throw down just to,just to see what to do. 1136 1137 Adam Beeman: You guys are all clear on what he's proposing? 1138 1139 Steve Kaufman: He's proposing that we're not going to have any stores like that in Orange County. 1140 1141 IN FAVOR: Marilyn Carter, Lamar Proctor, Charity Kirk. 1142 OPPOSED:Adam Beeman, Delores Bailey, Beth Bronson, Statler Gilfillen, Chris Johnston, Steve Kaufmann, Liz 1143 Kalies, Whitney Watson. 1144 MOTION NOT PASSED 3 TO 8. 1145 1146 MOTION BY Marilyn Carter to pass the proposed change as written. Seconded by Delores Bailey. 1147 Approved 6.5.24 1148 Chris Johnston: In the Conditional Zoning District? 1149 1150 Marilyn Carter: Yes. 1151 1152 IN FAVOR:Adam Beeman, Delores Bailey, Marilyn Carter, Statler Gilfillen, Steve Kaufmann, Liz Kalies, Lamar 1153 Proctor, Whitney Watson. 1154 OPPOSED: Chris Johnston, Charity Kirk, Beth Bronson. 1155 MOTION PASSED 8 TO 3. 1156 1157 Cy Stober: This will be presented to the Commissioner's at the June 4th public hearing. 1158 1159 MOTION BY Beth Bronson that the Proposed Unified Development Ordinance Text Amendment has a Statement 1160 of Approval and Consistency per Attachment 1 that the meets all of the requirements of UDO Section 2.8. 1161 Seconded by Lamar Proctor. 1162 1163 MOTION PASSED UNANIMOUSLY. 1164 1165 Statler Gilfillen: I'd like to make a comment and an observation. I believe that this has been one of the more 1166 difficult issues for this Board to deal with. I think my stating that into the record may be helpful. 1167 1168 Lamar Proctor: It's already passed, but I don't know how other jurisdictions...whether shoving it in 12 and 13 1169 has been more effective than making it... I mean, it's kind of a new thing too, so. 1170 1171 AGENDA ITEM 9: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENT—REGULATORY REFORM COMPLIANCE 1172 AND CONFORMANCE—To review and make a recommendation to the BOCC on Planning Director-Initiated 1173 amendments to the UDO in response and pertaining to NC Session Laws 2023-108 and 2023-137, which affect 1174 the County's abilities to regulate residential architecture, as well as densities and impervious surfaces in water 1175 supply watersheds. This amendment was reviewed at the April 3, 2024 ORC meeting and is scheduled for 1176 BOCC public hearing on June 4, 2024. 1177 PRESENTER: CY STOBER,PLANNING DIRECTOR. 1178 1179 Mr. Stober overviewed the Text Amendments pertaining to regulatory reform as presented to the Ordinance 1180 Review Committee. 1181 1182 Adam Beeman: I had one about the roadway watershed rules there that you had talked about that. 1183 1184 Cy Stober: We'll get to that in a moment, yeah. 1185 1186 Statler Gilfillen: Regarding the one you just had up there. Where you move multifamily or other residential 1187 into the residential setting- 1188 1189 Cy Stober: I didn't move it in there, it was already in there, but it— 1190 1191 Statler Gilfillen: It changes the Building Code itself. What the Commercial Code requires environmentally, 1192 and the residential, the maximum, the residential maximum are different. Much less stringent. Now, my 1193 understanding is that was created from the Homeowners Association. This sounds like they've moved to a lot 1194 more of the residential over to that lightening the environmental burdens. 1195 1196 Cy Stober: That's correct. Triplexes and quadplexes are now in the Residential Code and not 1197 Commercial. I can go on if you, but yes, I just hope people living in those structures are safe.And then with Approved 6.5.24 1198 regard to responding to the stormwater and watershed language, we needed to correct the stormwater 1199 management, so this is the language about stormwater crediting. This is entirely new language. It fits into a new 1200 Subsection C of 6.14.5 which is Stormwater Management Applicability. So, this is literally the statute language, 1201 1 copied and pasted it into the Ordinance, and I think last time we talked about the word "irrespective," but this is 1202 pulled directly from the General Statute and we haven't modified it. And I'll note, I'll just jump ahead. You'll see 1203 in your Statement of Consistency that I do note that this is inconsistent with our Comprehensive Plan and the 1204 Statement of Consistency says it's inconsistent with our adopted plans, but it is consistent with state law and 1205 we're bringing our Ordinance into compliance with state law. 1206 1207 Lamar Proctor: Thank you for being honest. 1208 1209 Cy Stober: There's no way to honestly make a consistency statement otherwise, it's not consistent. 1210 1211 Beth Bronson: I have a question about the general statute. They have exemptions for the regulation 1212 relating to building design. So, structures located in areas designed as a local historic district... local 1213 significance, landmark regulations and building requirements were... applicable safety codes... but they're also 1214 talking about where regulations are applied to manufactured housing in a manner consistent with G.S. 160D-908 1215 and can you explain that? I mean, if it's irrelevant, I can go look it up, but does that mean that manufactured 1216 homes are less protected? 1217 1218 Cy Stober: So, what 160D did, if memory serves, is it updated and normalized statewide that mobile 1219 homes or manufactured homes, it created the manufactured home language and definition that's consistent with 1220 federal definitions, and as an aside, our Ordinance is not yet,we still refer to mobile homes in places we need to 1221 correct that, our definitions are okay, but we got some work to do there. And I think that it distinguished them 1222 from residential building and particularly for building code purposes, Perdita, what am I missing? 1223 1224 Adam Beeman: To meet HUD requirements, they don't have to meet local building codes. 1225 1226 Cy Stober: Thank you, Chair. 1227 1228 Beth Bronson: I just wanted to make sure I understood that like we are excluding how we would fall into 1229 the residential code. 1230 1231 Cy Stober: Oh yeah, so we have a mobile home park designation for primary use as a mobile homes, 1232 it's a Conditional District and it has development standards and that was done as part of the update to bring the 1233 Ordinance in conformance with 160D, it was modified at that time. I don't know, did the Mobile Home Park 1234 Conditional District, did it pre-date 160D? 1235 1236 Perdita Holtz: Oh yeah, it's been around for a long time. Orange County has always allowed 1237 manufactured housing in all of the zoning districts. 1238 1239 Beth Bronson: Absolutely, I just wanted to make sure that if we're going to... books like this is directed at 1240 alleviating the regulatory, but also alleviated the requirement of property owners to safely manage the 1241 stormwater for buildings that are on their property, not safely,just regulated. 1242 1243 Cy Stober: What it does is it alleviates them of the treatment responsibility for any existing development 1244 footprint. 1245 1246 Beth Bronson: Existing, not new. 1247 Approved 6.5.24 1248 Cy Stober: Yeah, we're not permitted to begin calculating impervious cover thresholds for anything but 1249 the net new development. So, for example, if you're in the Upper Eno and you have a 6 percent or 12 percent 1250 impervious threshold and you already have an acre of development, we have to allow that acre of development 1251 and then begin counting the number of square feet of impervious. 1252 1253 Lamar Proctor: That's just exempted? 1254 1255 Cy Stober: Yes. 1256 1257 Adam Beeman: When you say that the DOT roads don't require to have the maintenance, what happens to 1258 subdivisions that have private roads? They have to meet the stormwater requirements though? 1259 1260 Cy Stober: They do. So, municipal roads and DOT roads are included, but privately owned and 1261 maintained roads are not addressed in the legislation. 1262 1263 Statler Gilfillen: When, in the Commonwealth of Massachusetts, local jurisdictions have the right to exceed 1264 the state standards. 1265 1266 Adam Beeman: We don't. 1267 1268 Statler Gilfillen: We don't here, do we? 1269 1270 Cy Stober: That's correct. 1271 1272 Mr. Stober continued to overview the Regulatory Reform text amendments regarding density thresholds. 1273 1274 Delores Bailey: So, let's just say that Efland Ruritan Club that was here before.... And with all that land 1275 they've got... so would they meet these five, right now, I'm just trying to visualize this. 1276 1277 Cy Stober: We could not apply the water supply watershed density rule.Yes, so if they came in, if their 1278 GC4 is approved,well, even if it's not, because they actually have a non-residential use of the property, so this is 1279 the exception to the rule, so if they came in and they said, "we want to do a Residential Conditional Zoning 1280 Application, and we want to put 50 units on this land, we could not say, "the water supply water shed rules won't 1281 let you."We'd probably figure out another way to regulate that, but we can't use the water supply watershed rules 1282 to regulate density. There's other tools in the box though, especially the Conditional Zoning approach, where 1283 you have a legislative negotiation between the County and the applicant about what's appropriate. 1284 1285 Cy Stober: So yeah, I just wanted to draw your attention to these highlights and then this is an 1286 additional amendment that's here just for your information, is that you can modify the impervious surface ratio 1287 using that 5-part test. So those are all the amendments before you. With the exception of reassigning UDO 1288 conformance when issuing a Certificate of Occupancy, they all align with statute, and they're presented tonight 1289 for your consideration and a recommendation to the Board of Commissioners. 1290 1291 Chris Johnston: So just to confirm though, all the changes that were just presented were based on state 1292 changes and there's nothing that was put in there, as I understand, nothing that was put in there based on 1293 County requirements or anything along those lines. This is all from on high and we're just updating. 1294 1295 Cy Stober: One exception to that was the— 1296 Approved 6.5.24 1297 Chris Johnston: Language saying that the Planning Director should be the point of contact rather than the 1298 inspections director, okay. 1299 1300 Cy Stober: This is the only staff initiated amendment. Well, I mean,they are all staff initiated, but this is 1301 the only one that's not reflective of General Statute. 1302 1303 Chris Johnston: But that's the only one that we really have any say on, right? In terms of everything else is 1304 from on high and we need to bring it into compliance with everything else, so it's good for us to know about these 1305 things, but we can't go in and mess with the numbers or anything along those lines. 1306 1307 Cy Stober: That's correct, I mean, you could protest. If you said, "we don't want an Ordinance because 1308 we object to the idea," but I'm still going to have to direct my staff to then thumb tack the statute on their wall so 1309 that they know that it applies, and we have to defer to the state law. 1310 1311 Chris Johnston: I have no problems with the Planning Director being the point of contact, rather than the 1312 inspections director. Just throwing that out there. That's the only thing that I think we have say on. 1313 1314 MOTION BY Charity Kirk to approve the Statement of Approval and Consistency(Attachment 3)and the proposed 1315 UDO Text Amendment(Attachment 4). Seconded by Lamar Proctor. 1316 1317 MOTION PASSED UNANIMOUSLY. 1318 1319 Cy Stober: And we're still working on the landscaping amendment, we got some good feedback from 1320 the County Attorney's office and we got to resolve a few things. We did incorporate your feedback into that, so 1321 expect to see that later this year. Thank you. 1322 1323 Beth Bronson: Oh, I had one question, I apologize. The Stormwater Control Plans, the SCMs? Last year 1324 we got rid of the need to have oversight of those and that, was it updated in, like that was updated in the LIDO, 1325 correct? There was a move to— 1326 1327 Cy Stober: The omnibus amendment that Chris Sandt brought forth. Like a year and a half ago. 1328 1329 Beth Bronson: And there was basically the idea that we would come back to that and just wanting to make 1330 sure the Board knows that we did deregulated requirements for Stormwater Control Management Plans. 1331 1332 Cy Stober: Oh yes, you're talking about the performance guarantee for stormwater. 1333 1334 Beth Bronson: Yes. 1335 1336 Cy Stober: Yes,we did eliminate that because we don't have authority to collect that, so we still inspect 1337 those to ensure they're performing. We do have that responsibility under the Jordan Lake and Falls Lake Rules, 1338 so we do that, but we do on a fee basis. 1339 1340 Beth Bronson: All right. I very much appreciate it, thank you for clarifying. 1341 1342 AGENDA ITEM 1 O: ADJOURNMENT 1343 1344 MOTION BY Lamar Proctor to adjourn meeting. Seconded by Charity Kirk. 1345 1346 MOTION PASSED UNANIMOUSLY. 1347 Approved 6.5.24 1348 The meeting adjourned at 9:02 PM.