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Home My WebLink AboutMinutes 09-05-2024 - Business Meeting APPROVED 10/15/24 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS BUSINESS MEETING September 5, 2024 7:00 p.m. The Orange County Board of Commissioners met for a Business Meeting on Thursday, September 5, 2024, at 7:00 p.m. at the Whitted Human Services Center in Hillsborough, NC. COUNTY COMMISSIONERS PRESENT: Chair Jamezetta Bedford, Vice-Chair Sally Greene and Commissioners Amy Fowler (arrived at 7:01 pm), Jean Hamilton, Earl McKee (arrived at 7:02 pm), Phyllis Portie-Ascott, and Anna Richards COUNTY COMMISSIONERS ABSENT. None. COUNTY ATTORNEYS PRESENT: John Roberts COUNTY STAFF PRESENT. County Manager Travis Myren, Interim Deputy County Manager Caitlin Fenhagen, 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, except Commissioner Fowler and Commissioner McKee. Commissioner Fowler arrived at 7:01 pm. 1. Additions or Changes to the Agenda None. 2. Public Comments (Limited to One Hour) a. Matters not on the Printed Agenda Chair Bedford reminded those in attendance of the procedures for making public comments. There was no one signed up to speak about this item. Commissioner McKee arrived at 7:02 pm. b. Matters on the Printed Agenda (These matters will be considered when the Board addresses that item on the agenda below.) 3. Announcements, Petitions and Comments by Board Members Commissioner Richards said she did a couple of things this summer related to the Board, including a celebration for the new County Manager, Travis Myren, when he took his oath of office. She said she and Vice-Chair Greene have been working on the Naming Committee for the Southern Branch library, and they are close to a decision. She said she also attended Juneteenth and July 4t" celebrations. Commissioner McKee said he is looking forward to an interesting and productive fall session. Vice-Chair Greene said she just got back from Raleigh where she attended day 1 of 2 days of the North Carolina Affordable Housing Conference. She said she was pleased that Habitat of Orange County received the Homeownership Award for their Gattis Court Project in Northside made possible through the Northside Neighborhood Initiative. She said this made homeownership possible for 4 families. 2 Chair Bedford used her time to encourage everyone to register to vote. Commissioner Hamilton said she worked with Commissioner Portie-Ascott on the Bond Education Committee this summer and has been busy working to educate the community about the school bond on the November ballot. She said she attended Alliance Health board meetings and the Capital Needs Work Group meetings as well. She said one of her favorite things was attending Walk Fairview Day. She said during this event, youth interns from UNC presented community needs they heard directly from residents. She highlighted the importance of young people getting involved in advocating for their communities. Commissioner Fowler said she is glad to see the alignment of agenda items to the Strategic Plan. In terms of meetings, she said she attended the Board of Health Behavioral Health subcommittee meeting on June 2411 where the role of social media and screentime on adolescent mental health was discussed. She recommended reading The Anxious Generation. She said she attended the Board of Health meeting on June 26t" and heard from Alliance Health, as well as a second Board of Health meeting on August 281"where Cait Fenhagen presented on the Deflection and Diversion Program and Tommy Green and Dr. Evan Ashkin presented on the FIT program. Finally, she said she attended two IDEAL meetings and also worked on the subcommittee on policy with the goals of increasing supply, providing financial assistance, and funding a community facilitator/support position. Commissioner Portie-Ascott said she attended the NCACC Conference this summer and highlighted a presentation titled "Warning: Gale-Force Wind Gusts Ahead" from Dr. James Johnson of UNC on major demographic shifts in North Carolina and across the country. She said he focused on the aging population, migration patterns, and growing ethnic and racial diversity and encouraged counties to embrace and adapt to these changes. She said she was proud that Orange County was acknowledged at this conference for innovation in the Kinship Care Program and that Cooperative Extension sponsored a youth delegate, Meg Prinzo, from Cedar Grove. Finally, she encouraged small farmers to apply through Cooperative Extension to become the 2025 Small Farmer of the Year and win a $2500 award. 4. Proclamations/ Resolutions/Special Presentations None. 5. Public Hearings a. Zoning Atlas Amendment— 1031 Frazier Road, Mebane, Cheeks Township The Board held a public hearing, received the Planning Board and staff recommendations and public comments, closed the public hearing, and considered action on an applicant-initiated Zoning Atlas Amendment to rezone a +/- 112.17-acre parcel (PIN: 9835-74-8573) located at 1031 Frazier Road, Mebane, Cheeks Township. BACKGROUND: On April 19, 2024, a Conventional Zoning Atlas Amendment application (Attachment 1)was received proposing to rezone+/- 112.17 acres at 1031 Frazier Road, Mebane. The Staff Report in Attachment 2 contains additional information, maps, and analysis. Requirements: As detailed within the Zoning Atlas Amendment application package (Attachment 1), and Section 2.8 of the Unified Development Ordinance (UDO), rezoning submittals are required to contain: 1. A completed/signed Zoning Atlas Amendment application; 2. A map, at a legible scale, showing the land proposed for rezoning; 3. A detailed narrative denoting the following: a. The existing zoning of the subject property and the requested zoning, as defined in Article 3 of the UDO; 3 b. The current land use designation of the subject property consistent with the Orange County Comprehensive Plan and Future Land Use Map (FLUM), which can be accessed utilizing the embedded links; c. The alleged error in the Zoning Atlas (if any) that will be corrected by the proposed request; d. The changed, or changing, conditions (if any) that makes the proposed amendment reasonable and necessary to promote the public health, safety, and general welfare; and e. How the proposed amendment is consistent with, or carries out the intent and purpose of, the Orange County Comprehensive Plan. 4. Plan review fee(s) consistent with the adopted Orange County Fee Schedule. Basic Review Process: A conventional district rezoning application requires submission of a detailed area map and other documents, in accordance with Section 2.8.3 of the Unified Development Ordinance (UDO). A site-specific plan is not required for conventional rezoning applications and conditions cannot be applied to an approval action. The typical cadence for the review is as follows: • FIRST ACTION — Submission of an application with required supporting documents by the property owner. STAFF COMMENT: The applicant submitted an application and documents on April 19, 2024, Attachment 1. • SECOND ACTION — Staff holds a Development Advisory Committee (DAC) Meeting. STAFF COMMENT: The Development Advisory Committee Meeting was held on May 16, 2024, at 9:30 a.m., via Microsoft Teams. Comments received from this review are available in Attachment 4. • THIRD ACTION — The Planning Board reviews the application at a regular meeting and makes a recommendation to the BOCC. STAFF COMMENT. The Planning Board reviewed this application at its regular meeting on August 7, 2024. • FOURTH 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 September 5, 2024. Public Notification: In accordance with Section 2.8.7 of the UDO, notices of the Public Hearing were mailed via first class mail to property owners within 1,000 feet of the subject parcel. These notices were mailed on August 22, 2024, 14 days before the meeting. Staff also posted the subject parcel with signs on August 22, 2024, 14 days before the meeting. See Attachment 3 for the notification materials. Planning Board Recommendation: The Planning Board reviewed the proposed amendments at its August 7, 2024 regular meeting. At this meeting the Board voted unanimously to recommend approval of the Statement of Consistency (Attachment 6) and the proposed Ordinance (Attachment 7). 4 An excerpt of the draft minutes from the meeting, as well as the Board's signed statement of consistency, are included in Attachment 5. Agenda materials from the August 7, 2024 Planning Board 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 Approval and Consistency indicating the conventional rezoning application is reasonable and in the public interest, as contained in Attachment 6. 2. Zoning Atlas Amendment Ordinance to reflect the zoning change on the County's adopted Zoning Atlas, as contained in Attachment 7. Lauren Honeycutt, Planner, made the following presentation: Slide #1 ORANGE COUNTY NORTH CAROLINA Board of County Commissioners Meeting September 5, 2024 7:00 p.m. Slide #2 �1 ORANGE COUNTY NORTH CAROLINA Item 5a: Zoning Atlas Amendment (Conventional District) MPD-CZ Zoning to R-1 Zoning Location: 1031 Frazier Rd,Mebane,NC PIN:9835-74-8573 Applicant:Harts Mill,LLC Case#:MA24-0002 5 Slide #3 CONVENTIONAL DISTRICT - Overview Conventional District Zoning Conditional Standards must be uniformly Request is use-specific with applied throughout the County individualized development conditions and standards No site-specific,individualized Site-specific development plan conditions may be imposed. is part of review and approval process ORANGE COUNTY NORTH CAROLINA Slide #4 REZONING PROCESS Public Notice (signs posted,letters mailed) Application Received Planning :oar :.. . . •Staff Review •Public Meeting • Public Hearing •Development •Plan Consistency •Plan Consistency Advisory Finding •Reasonableness Committee •Recommendation Statement Review Made to BOCC •Approval/Denial •Interagency of Zoning Coordination Request ORANGE COUNTY NORTH CAROLINA 6 Slide #5 MEETING PROCESS 1. Staff Presentation 2. Applicant Presentation I Questions from the Commissioners 4. Public Comments 5. BOCC Deliberation and Decision ORANGE COUNTY NORTH CAROLINA Slide #6 ZoningAtlas Amendment- MA24-0002 (Common Ground) 1031 Frazier Road , Mebane , NC Overview: ® Vicinity MaP foc.Rezoning Application-PIN 9835748573 1 Frazier Rd,M Mebane NC 9835-74-8573 ® r Cheeks Upper Eno ProtectedIF f 1 Hart's Mill,LLC c/o Anthony Weston iii= ��A ORANGE COUNTY NORTH CA.ROLINA 7 Slide #7 Zoning Atlas Amendment- MA24-0002 (Common Ground) 1031 Frazier Road , Mebane , NC • • -• Current Zoninlr - MPD-CZ(Master Plan k, Development — r.ter r• + +� � Conditional Zoning District) Overlays:Upper Eno Protected Watershed HART'S MILL VILLAGE & FARM MEBANE,NC ORANGE COUNTY NORTH CAROLINA Lauren Honeycutt said that the current zoning of MPD-CZ was approved in 2015 and allows 34 residences on 22 acres of the parcel. Slide #8 Zoning Atlas Amendment- MA24-0002 (Common Ground) 1031 Frazier Road , Mebane , NC • (continued): Rezoning Application to Rt for PIN 9835748573 Requested Zoning _� I R-1(Rural Residential) �� J Surrounding Zoning • Rural Residential(R-1) Y o � + Lauren Honeycutt said the applicant is requesting to down-zone to rural residential and this meets the surrounding zoning. 8 Slide #9 ZoningAtlasAmendment- MA24-0002 (Common Ground) 1031 Frazier Road , Mebane , NC 'Overview • -• Adopted Future Land Use Map with Parcel9835748573 Depicted Future Land Use Map Designations y 20-Yea r Transition • Land located in areas that are in the process - of changing from rural to urban,that are suitable for urban-type densities and should be provided with public utilities and services within the second 10-year phase of the Plan. • No proposed amendment Rural Residential • Land in the rural areas of the County which is appropriate for low intensity and low-density residential development,and which would not be dependent on urban services during the - plan period. e -- • No proposed amendment _ _ ■` - A�» Slide #10 ZoningAtlasAmendment- MA24-0002 (Common Ground) 1031 Frazier Road , Mebane , NC Surrounding LandUsesAerial imagewith Parcel 9835748573 Outlined North All lots are zoned R-1 (Rural _ Residential)with single-family residential uses or are currently undeveloped and in agriculture use. South All lots are zoned R-1 (Rural Y Residential)with single-family residential uses or are currently undeveloped. East All lots are zoned R-1 (Rural Residential)with single-family residential uses. West All lots are zoned R-1 (Rural Residential)with and are currently undeveloped and in agriculture use. 9 Slide #11 Zoning Atlas Amendment- MA24-0002 (Common Ground) 1031 Frazier Road , Mebane , NC 'Conventional • • Overview Adapted Future Land Use Map with Parcel 9835748573 Depicted Conventional District Application Requirements ■ Complete Zon in g Atlas Amendment Application ■ A map showingthe land proposed for rezoning ■ A narrative detailing existing and proposed zoning,future land use designation,how the proposed I!B f amendment corrects an error in the 1 Zoning Atlas or is consistentwith the Comprehensive Plan ■ Additional Information as Identified by Reviewing Agencies a Slide #12 Zoning Atlas Amendment- MA24-0002 (Common Ground) 1031 Frazier Road , Mebane , NC Conventional • • Overview Subdmsm 90,000 rHe[MS IMiga 1] PloPosnd Alklwablc La Sue-m n F�s�c Open Mmm,um Isquarelrnl DcvobprnoM s xc Ld slxe S.1d— 33.39% 40,000 Pmk� �Q 44% 30,000 ISectlm �S.49% 20,000 7 12) 50 59% 1 I5.000 loom Srrslan 130 Process Md.1 Ld Y"n.rrvn. Fl..bb 8ecli ocmaprxan SrbMnvm 100 TM P.a'pwc d the Real Resdorplal IR.11 Qsind rs[o Raess ISeclin r—k bcaliorls lu-.1—rmm rnsdenaal 7,12 (' yopmenl,al—y bw i.icnsilms..V., be.91C from Sat— snon.np ln,9amm snrVsw,s to dan+esUc wain supply li�.n kUW,nl rt +0111161 and srw.lx drspusal 4naa a>malw�nl wdl:ena u�wnd u�:�u absr�pnuri syu..r, cerl>Q Side Semedk aft m M Pell 5do .Ic 5clbk. 2C Ill l61 n jr-') Thisdia 'mllmadly oa b pplmd wtlryc Nc rJk N cw,MlmsevA Ftw55 KK mdlkl I ocs 1nnlod by lhe a p(M C=preh sNc Plan os -mri 6!Y} _ —d Rural rirlmLol. R 1 R „tirz.m�ua.,gwalM dl�nn� ,end Rul9M.max.dea') 25131 JGE COUNTY kdlkclon mans.se nol lik wnn>n 10 z0 "I'H CAROLINA Lauren Honeycutt said that rural residential does not require the applicant to identify the type of development or the land use they anticipate. 10 Slide #13 Applicant's Presentation ORANGE COUNTY NORTH CAROLINA Anthony Weston presented on behalf of the applicant, Common Ground (Hart's Mill). Slide #14 Common Ground (Hart's Mill) Ecovillage Rezoning Application Re:Rezoning Application,Orange County PIN 9835-74-8573 Presenter for BOCC,9/5/24 Anthony Weston 11 Slide #15 The land Orange County _ Nwn PIN: 1117nl_71_ _ neues xa�ue fnm,o�5o0 c �. e�a+xx. nxuasuu uc aiaai - - ORANGE CaJM11I1' wam r,Prna,un Slide #16 In summary: - Our request is to revert from our current Master Plan Development Conditional Zoning (MPD-CZ) to conventional R-1 - The MPD-CZ (approved 11/15) is no longer economically sustainable or practical for our needs and membership - Reverting to R-1 will enable us to use the UDO's Flexible Development—Conservation Cluster framework for a similarly compact but smaller, more flexible, and lot-based community layout while continuing to support agriculture and preserve open space and rural character. 12 Anthony Weston said the original plan in 2015 was to build an eco-village but that proved financially impractical and now they need more flexibility. Slide #17 Who we are Common Ground Ecovillage(formerly Hart's Mill Ecovillage)is a project to create a compact"agrarian ecovillage"of about ao flexible and affordable homes(primary residences and ADUs)on about io acres of our isz-acre land just west of Hillsborough and Efland.Buildings will be designed for low or positive ecological impact.We have been working on establishing an active,a multi-generational,and diverse neighborhood since our MPD-CZ rezoning in zols and are now ready to move forward with an alternative plan.Besides our established and growing farm,most of the land is being preserved as open space:orchard, meadows and pasture,streams and pond,and woodlands with hiking trails. Slide #18 A work in progress Building community:A core group of about 25 members have actively sustained planning and other activities since zoiz,with significant engagement by 20-30 more people.A member-financed LLC has raised over s600,000 to buy the land and support building and planning.Regular workshops and open houses gamer dozens of visitors,and our mailing list now includes over zoo names. Detailed planning:Sitework planning and some schematic architecture are substantially complete. Working farm:We have established an active CSA(Community-Sponsored Agriculture) farm that supplies 6o+area households weekly.Free vegetables are regularly distributed to neighbors.CGEV received a sio,coo OC Agricultural Economic Development grant to expand the CSA'swashing and packing facility 13 Slide #19 A work in progress, continued Land preservation:We have put forward about 40%of our iaz acres for Conservation and Working Land easements,in partnership with Orange County and the Eno River Association.Note that we lie within an area of high expected impact and urbanization(FLUM-designated zo-year transition zone). Affordable housing:We are actively developing a partnership with Community Home Trust for the ownership of some of our community residences.,as well as potential USDA support and other state and federal opportunities. Slide #20 Our current MPD-CZ -Approved by OCBOCC in late 20i$. -Designed for a larger village:for about 35-4o residences in about 15 acres,to be cooperatively owned and built upfront. -Developed in 2014-2015,prior to the adoption of the UDO's Flexible Development— Conservation Cluster framework,but serving the same goals: Per the 2030 OCComprehensive Plan:"aligning our built environment and socioeconomic activities with the natural systems that support life"(section 2.3),"protection of the County's natural areas,including forests,wildlife habitat,and other important open spaces"(21.2.4)and "discouraging urban sprawl,encourage a separation of urban and rural land uses"(5.7.3), "providing a diversity of housing types and housing densities...for a range of housing needs of current and future populations"(3.3.2 and 4.2),and"supporting local agriculture and maintain the viability of local farms"(3.4.5)• 14 Slide #21 The MPD-CZ plan:about 30 residences,including some duplexes and ADUs;large community septic field to the east;all to be cooperatively owned and built upfront ------------ - 3 Slide #22 "The Dinosaur" Whythe MPD-CZ is no longer sustainable We have not been able to achieve the numbers orthe financial capacity to build such a large project.Building costs have skyrocketed due to COVID and other market and financial instabilities,discouraging orexcluding many would-be member-builders.Our(extensive)efforts to obtain financing forthe project did not come to fruition,and were taxing our limited capacity. With such pressing cost constraints and a vigorously expanding farm,the community subsurface drip septic system planned to the east now seems unwieldly,too costly,and intrudes too much on a prime agricultural area. The MPD is designed as an organic whole that does not readily allow building in parts or phases (e.g.nearly the entire infrastructure must go in at the start) Flexible Development-Conservation Cluster zoning allows greater flexibilitywith individual design and timing as well as affordable housing support(such as from Community Home Trust) while hugely reducing upfront community costs. 15 Slide #23 Changing plans? The current MPD-CZ allows no major changes. Thus a new plan is needed: - a smaller village - individually-owned homes and/or lots(under HOA or Condominium Association) - community-installed infrastructure with more homebuilder flexibility (re.timetable and design... within community guidelines) - strongest possible protections for the remainder of the land as farmland and community-accessible open space Slide #24 The UDO's (2017) Flexible Subdivision- Conservation Cluster framework readily provides for all of this. The upshot: - We are designing a new village layout and site plan per the Flexible Subdivision- Conservation Cluster provisions (section 7.12) - This is a form of Minor Subdivision, so the new plan will need only administrative approval - BUT since the Minor Subdivision is an overlay on R-1 conventional zoning, we need first to revert from our current MPD-CZ to R-1, and this is a BOCC matter. This is our present request. 16 Slide #25 "Stepping back to leap forward" Thank you for your consideration Slide #26 Exhibit 1 The next page shows what we are developing for our new site layout.(It may be usefully contrasted with slide 7.)Septic will be immediately downslope of the lots shown(and all inside the farm swale).We have been energetically developing these plans in order to be able to move as quickly as possible once rezoning is approved, To be clear,this is for illustrative purposes only.The present application is only for rezoning,a precondition for the Flex-Dev application.We thought that Board members should be able to see what we have in mind,to complete the picture,especially in light of the new plan's continuitywith the 2030OC Comprehensive Plan(and likely,even moreso,the 2050 plan now taking shape—some of our members are taking part in that process). 17 Slide #27 r I .n o II ¢ Lauren Honeycutt continued the presentation. Slide #28 Public Notification ■ Notices were mailed via first class mail to property owners within 1,000 ft. of the subject parcel on August 22, 2024. ■ Sign posted the subject parcel on August 22, 2024. ■ Application information has also been posted on the Planning Department's"Active Development"webpage. 14aw--- ORANGE COUNTY NORTH CAROLINA 18 Slide #29 Staff Analysis 1. The application is complete in accordance with Section 2.8 of the UDO. 2. The proposal is consistent with goals/objectives outlined within the Orange County Comprehensive Plan. 3. The amendment is reasonable and in the public interest because it furthers the goals of the adopted Comprehensive Plan and is located in an area designated on the Future Land Use Map as "20-Year Transition"and"Rural Residential."Such areas have been identified as changing from rural to urban in form and density,where all densities of residential development would be appropriate. ORANGE COUNTY NORTH CAROLINA Slide #30 Planning Board Recommendation Planning Board reviewed the rezoning application at its August 7,2024 meeting Voted 9-0 to recommend approval of the Statement of Consistency (Attachment 6)and the proposed Zoning Atlas Ordinance Amendment (Attachment 7),as presented. �1 ORANGE COUNTY NORTH CAROLINA 19 Slide #31 Planning Director Recommendation The Planning Director recommends the Board consider the following and vote for Approval of: 1. Statement of Consistency indicating the Zoning District Amendment application is reasonable and in the public interest,as contained in Attachment 6. 2. Zoning Atlas Amendment ordinance to reflect the zoning change on the County's adopted Zoning Atlas,as contained in Attachment 7. ORANGE COUNTY NORTH CAROLINA Slide #32 Recommendation forTonight The Manager recommends the Board: Vote To Approve or Denythe Statement of Consistency(Attachment 6) and the proposed ordinance(Attachment 7) • When adopting or rejectinganyzoning text ormapamendment,the [Commissioners]shai/approve a briefstatement describingwhetherits action is consistentorinconsistent with an adopted comprehensive or land- use plan. • When adopting or rejectinganypetition fora zoningmapamendment,,a statement analyzingthe reasonableness of the proposed rezoningshall be approved bythe[Commissioners]. [NCGS 160D-6051 ORANGE COUNTY NORTH CAROLINA Commissioner McKee asked for a detail of the process since this is an odd arrangement to downsize. He asked what the future steps are for the Board and for the applicant. Lauren Honeycutt said that approval would vacate the conditional zoning and down-zone to rural residential. She said in order for the applicant to do any sort of development of a subdivision, they would have to bring that application to staff for appropriate review. 20 A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to open the public hearing. VOTE: UNANIMOUS PUBLIC COMMENTS: There was no one signed up to speak. A motion was made by Commissioner Fowler, seconded by Commissioner McKee, to close the public hearing. VOTE: UNANIMOUS Chair Bedford clarified that any decision tonight is completely independent of any future decision on an application and independent of any possible future conservation easement. She said this is also the first use of tying the Strategic Plan to an agenda item. She said that is something they want to do in the future. She said that considering it was environmental protection, any development really is not better for the environment. She said this could also be tied negatively to housing goals because the number is reduced. She said they need to think about which Strategic Plan goals will be used and she asked that staff be thinking about this going forward with other items. She said she plans to support this request. She said she was surprised to see the length of consistencies and she expressed concern with future adversarial issues due to long explanations of consistency from staff. She said if the Board did not support this, there would be four pages that the Board would have to argue over. She said she emailed John Roberts and Cy Stober and asked if they could remove some items to shorten the portion. She said that tonight is not especially important but, in the future, she wants to avoid adversarial issues between the Board. Commissioner Richards asked about the recommendations from the NC Department of Wildlife and what happens to those now. Cy Stober, Planning and Inspections Director said there are requirements in the ordinance around open space. He said that all input will be gathered during future flexible subdivision processes. He said it is standard practice to collect the comments from the county and the State around the value of property from different perspectives. He said that it is standard to provide that information. He said that they are vacating a site-specific plan and there is a loss of control however, conditions cannot be placed upon the approval. He said that the county has done a good job of identifying those values in the ordinance and they can be regulated and accounted for there. Commissioner Richards asked if there is anything in the wildlife recommendations outside of what the county ordinance includes. Cy Stober said there are identifications of bottomland hardwood forests or floodplains that are either already protected or are of low value. He said that when they identify high value areas as natural heritage areas, primary resource areas, and places of cultural significance. He said they can protect those proactively. He said that they confer with DEAPR on the high-level areas. Commissioner Richards said she looked at this through an environmental lens because of its location in a watershed protection area. She asked if the recommendations would go onto the shelf until a future application is brought to the Board. Patrick Mallett said that processes like these go through the state clearinghouse and usually issue statements that are the bare minimum at the state level. He said that floodplain standards for the state are far less than what Orange County requires. He said that the county's standards would apply to this parcel. 21 Commissioner Portie-Ascott said she thought the property owner would not have to come back for future approval if this is approved tonight. Cy Stober said if it is a major subdivision application that will require the Board's review. He said that if the subdivision application meets the requirements of the ordinance, then there is not a lot of discretion that can be given to deny an application that meets all of the regulations and laws. He said it is his job to make sure that it does meet the requirements but currently, a major subdivision requires Planning Board review and approval by the BOCC. Commissioner Fowler asked if a major subdivision is more than 20. Cy Stober said that when you go over 20,there must be a rezoning to a conditional district. He said that major subdivisions are 6 or more standard lots and flexible subdivision is 13 -20 lots. Commissioner Fowler said she thinks that the more things that are consistent would help support the application rather than cause arguments. John Roberts said statute requires a brief statement to describing whether the application is consistent or inconsistent. He said that courts have decided that a simple conclusion is inadequate, and that Commissioner Fowler is correct regarding the more reasons given for consistency reduces the likelihood of the decision being overturned in court. Chair Bedford said the number of pages seemed excessive. She said that the Board is the only entity that gets to decide the "reasonableness" of the application. Commissioner Hamilton said some of the questions brought up can be looked at during a work session. Commissioner McKee asked the applicant the difference between the plan for the initial development and the new plan going forward. Anthony Weston said the former development was much larger, more complex with a system of roads and septic, but the scale of cost and membership willingness and ability was not sustainable in the end. Commissioner McKee said he understands that part but asked if the new plan will still be cooperative. Anthony Weston said that the new plan is flexible and smaller so it can move in a phased way. He said that they are looking for something that is like a condominium association or a fee- simple in the village proper and a community owned larger area of farm property. He said that they are still working on deciding the next step. Commissioner McKee said he has no issue with downsizing, but he is trying to understand the type of entity with which he is dealing. He said that has no bearing on the decision, but this project is so much different than the first one. Anthony Weston said it certainly is and if he had more information or direction, he would provide that, but they are still working to see what a viable option looks like. Vice-Chair Greene said she is in favor of this ecologically responsible development they are building. A motion was made by Commissioner Fowler, seconded by Vice-Chair Greene, to approve the Statement of Consistency (Attachment 6) and the proposed ordinance (Attachment 7). VOTE: UNANIMOUS b. Zoning Atlas Amendment—Dimmocks Mill Road, Hillsborough, Hillsborough Township The Board held a public hearing, received the Planning Board and staff recommendations and public comments, closed the public hearing, and considered action on a County-initiated Zoning Atlas Amendment to amend the Upper Eno Critical Watershed Overlay District boundary line on two parcels (PINs: 9863-09-3922 and 9864-00-2205) located on Dimmocks Mill Road, Hillsborough, within the Hillsborough Township of Orange County. 22 BACKGROUND: Protected Watersheds within Orange County are part of the County's delegated Stormwater Management Program, as reflected in the adopted Orange County Watershed Boundary Map. These watersheds are also adopted Zoning Overlay Districts in the Unified Development Ordinance (UDO), requiring approval of a Zoning Atlas Amendment to modify the watershed overlay boundary line. Based on State requirements, the Board was notified of the change in the watershed boundary line at the June 18, 2024 Business meeting. Following this action, the Orange County Planning Director initiated a Zoning Atlas Amendment application (Attachment 1) on June 24, 2024 to amend the Upper Eno Critical Watershed Overlay District boundary line. This second action is necessary so that the zoning overlay boundary line coincides with the new state recognized watershed ridge line. The Staff Report in Attachment 2 contains additional information, maps, and analysis. The Project Narrative contained in Attachment 1 provides additional background information related to this request. Requirements: As detailed within the Zoning Atlas Amendment application package (Attachment 1), and Section 2.8 of the UDO, rezoning submittals are required to contain: 1. A completed Zoning Atlas Amendment application; 2. A map, at a legible scale, showing the land proposed for rezoning; 3. A detailed narrative; and 4. Plan review fee(s) consistent with the adopted Orange County Fee Schedule. [Note: As a County-initiated action, no review fees were collected] Basic Review Process: A rezoning application for an overlay district amendment requires submission of a detailed area map and other documents, in accordance with Section 2.8.3(A) of the Unified Development Ordinance (UDO). A site-specific plan is not required for overlay district amendment applications and conditions cannot be applied to an approval action. The typical cadence for the review is as follows: • FIRST ACTION — Staff holds a Development Advisory Committee Meeting. STAFF COMMENT: The Development Advisory Committee Meeting was held on July 11, 2024, at 9:30 a.m., via Microsoft Teams. Comments received from this review are available 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 this application at its regular meeting on August 7, 2024 and voted unanimously to recommend approval of the amendment. • 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 September 5, 2024. Public Notifications: In accordance with Section 2.8.7 of the UDO, notices of the Public Hearing were mailed via first class mail to property owners within 1,000 feet of the subject parcel. These notices were mailed on August 22, 2024, 14 days before the hearing. Staff also posted the subject parcel with signs on August 22, 2024, 14 days before the hearing. See Attachment 3 for the notification materials. 23 Planning Board Recommendation: The Planning Board reviewed the zoning atlas amendment at its August 7, 2024 regular meeting. At this meeting the Planning Board voted unanimously to recommend approval of the Statement of Consistency (Attachment 6) and the proposed Zoning Atlas Amendment (Attachment 7), as presented. An excerpt of the draft minutes from the August 7, 2024 meeting, as well as the Board's signed statement of consistency, are included in Attachment 5. Agenda materials from the meeting can be viewed at: https://www.orangecountVnc.gov/AgendaCenter/ViewFile/Agenda/ 08072024-2058. Planning Director's Recommendation: The Planning Director recommends approval of the: 1. Statement of Approval and Consistency indicating the overlay zoning district amendment application is reasonable and in the public interest, as contained in Attachment 6. 2. Zoning Atlas Amendment Ordinance to reflect the zoning overlay change on the County's adopted Zoning Atlas, as contained in Attachment 7. Patrick Mallett, Deputy Director, Development Services, made the following presentation: Slide #1 �i ORANGE COUNTY NORTH CAROLINA Item 5b: Zoning Atlas Amendment Watershed Protection Overlay Location: Dimmocks Mill Road PIN: 9863-09-3922 and 9864-00-2205 Applicant: Orange County Case#: MA24-0003 Patrick Mallett said the cases in 5-b and 5-c are similar. He explained the process for amending watershed boundary lines. 24 Slide #2 Zoning Atlas Amendment- MA24-0003 bimmocks Mill Road Overview: V¢mity Map for Watershed Overlay Amendment Application •■■ Dimmocks Mill Road PI Ns 9864002205 and 98630939xz t, P 3 9863-09-3922 - Hiicecoro�gn i 9864-00-2205 = _ ,- r._• rawnsn�P x Township Hillsborough ® Upper Eno Critical Applicant Orange County I� A ORANGE COUNTY NORTH CAROLINA Slide #3 Zoning Atlas Amendment- MA24-0003 Dimmocks Mill Road ,Overview • -• Watershed Overlay Amendment PI Ns 9864002zo5 and 9863.93922 Current Zoning Current Zoning • R-1,Rural Residential Surrounding Zoning ■ R-1,Rural Residential • AR,Agdcultural Residential Overlay Districts • Upper Eno Critical J • Major Transportation Corridor r Is ;sesaos3snx g ilt upper Fro-m■ p virv. swwe 25 Slide #4 Zoning Atlas Amendment- MA24-0003 Dim mocks M i I I Road 'Overview • `• Future Land Use Ma Desi nation Adopted FuturetadU.MapwithP.—IN p g 986Z-1u 5 and)863093912 Depkted Agricultural Residential m'.. • Land in the rural areas where the prevailing land use \ activities are related to the land(agriculture, forestry)and which is an appropriate location for the continuation of these uses. Rural Residential lower Eno • Land in the rural areas of the Countywhich is appropriate for low intensity and low-density residential development,and which would not be dependent on urban services during the plan period. p� C83 10 Year Transition ■ Areas changing from rural to urban in form and density.All densities of residential development would be appropriate. a - A� Slide #5 Zoning Atlas Amendment- MA24-0003 Dim mocks Mill Road • • '• Request ■ Modify the Upper Eno Critical Watershed 1. Overlay District boundary line. • No amendments are proposed to the base j zoning district,Major Transportation Corridor Overlay District,or Future Land Use Map. 1_- ■ Follows acceptance of the revised a• watershed boundary line bythe State, ; u which was presented to the BOCC at their t June 18,2024 meeting. This action will Up—E"align the zoning of the watershed boundary i with that ridgeline. t o=µ w A 26 Slide #6 Zoning Atlas Amendment- MA24-0003 U i m m o C k S M i I I R o a d • '• PRABHVPADA ORIyE� i �g,.. Y Slide #7 Staff Analysis As required under Section 2.8.5 of the UDO,the Planning Director shall cause an analysis to be made of the application.In analyzingthis request,the Planning Director offers the following: 1. The application is complete in accordance with the requirements of Section 2.8.3 of the UDO, 2. Staff review of the application included considerations for how the request relates to the Orange County2030 Comprehensive Plan. ■ Chapter -Planning Principles • Chapter 5-Land Use Element,Section 5.6 Goals ORANGE COUNTY NORTH CAROLINA 27 Slide #8 eablic Notification ■ Notices were mailed via first class mail to property owners within 1,000 ft. of the subject parcel on August 22, 2024. ■ Signs posted the subject parcel on August 22, 2024. ■ Application information has also been posted on the Planning Department's"Active Development"webpage. ORANGE COUNTY NORTH CAROLINA Slide #9 Review Process Planning Staff • Determine application completeness and analyze proposed Zoning Atlas Amendment with Comprehensive Plan Planning Board • Hear from the applicant, staff,and the public • Review and discuss analysis and staff recommendation • Recommend approval or denial to Board of County Commissioners B.. . of County . • • Schedule and hold public hearing to receive application • Hear from the applicant, staff,and the public • Review and discuss analysis and recommendations from staff and Planning Board • Close public hearing ORANGE COUNTY NORTH CAROLINA 28 Slide #10 Planning Director Recommendation The Planning Director recommends the Board consider the following and vote for Approval of: 1. Statement of Approval and Consistency indicating the overlay zoning district amendment application is reasonable and in the public interest, as contained in Attachment 6. 2. Zoning Atlas Amendment Ordinance to reflect the zoning overlay change on the County's adopted Zoning Atlas,as contained in Attachment 7. ORANGE COUNTY NORTH CAROLINA Slide #11 Planning Board Recommendation The Planning Board reviewed the zoning atlas amendment at its August 7, 2024 regular meeting and voted unanimouslyto recommend approval of the Statement of Consistency(Attachment 6)and the proposed Zoning Atlas Amendment(Attachment 7),as presented. ORANGE COUNTY NORTH CAROLINA 29 Slide #12 Recommendation The Manager recommends the Board: 1. Conduct the public hearing and receive the Planning Board and staff recommendations and public comments; 2. Close the public hearing; and 3. Vote to Approve the Statement of Consistency (Attachment 6) and Zoning Atlas Amendments(Attachment7); • OR • Vote to Deny the Zoning Atlas Amendments, including a statement as to why the application is not reasonable and/or not in the public interest. ORANGE COUNTY NORTH CAROLINA A motion was made by Commissioner McKee, seconded by Commissioner Hamilton, to open the public hearing. VOTE: UNANIMOUS PUBLIC COMMENTS: There was no one signed up to speak. A motion was made by Commissioner McKee, seconded by Commissioner Hamilton, to close the public hearing. VOTE: UNANIMOUS A motion was made by Commissioner Fowler, seconded by Vice-Chair Greene, to approve the Statement of Consistency (Attachment 6) and Zoning Atlas Amendments (Attachment 7). VOTE: UNANIMOUS c. Zoning Atlas Amendment— 711 Faith Way Road, Mebane, Cheeks Township The Board held a public hearing, received the Planning Board and staff recommendations and public comment, closed the public hearing, and considered action on a County-initiated Zoning Atlas Amendment to amend the Back Creek Protected Watershed Overlay District and Upper Eno Protected Watershed Overlay District boundary line on one parcel totaling approximately 1.73 acres (PIN: 9835-67-1605) located at 711 Faith Way Road, Mebane, within the Cheeks Township of Orange County. 30 BACKGROUND: Protected Watersheds within Orange County are part of the County's delegated Stormwater Management Program, as reflected in the adopted Orange County Watershed Boundary Map. These watersheds are also adopted Zoning Overlay Districts in the Unified Development Ordinance (UDO) requiring approval of a Zoning Atlas Amendment to modify the watershed overlay boundary line. Based on State requirements, the Board was notified of the change in the watershed boundary line at the May 21, 2024 Business meeting. Following this action, the Orange County Planning Director initiated a Zoning Atlas Amendment application (Attachment 1) on June 24, 2024 to amend the Back Creek Protected Watershed Overlay District and Upper Eno Protected Watershed Overlay District boundary line. This second action is necessary so that the zoning overlay boundary line coincides with the new state recognized watershed ridge line. The Staff Report in Attachment 2 contains additional information, maps, and analysis. The Project Narrative contained in Attachment 1 provides additional background information related to this request. Requirements: As detailed within the Zoning Atlas Amendment application package (Attachment 1), and Section 2.8 of the UDO, rezoning submittals are required to contain: 1. A completed Zoning Atlas Amendment application; 2. A map, at a legible scale, showing the land proposed for rezoning; 3. A detailed narrative; and 4. Plan review fee(s) consistent with the adopted Orange County Fee Schedule. [Note: As a County-initiated action, no review fees were collected] Basic Review Process: A rezoning application for an overlay district amendment requires submission of a detailed area map and other documents, in accordance with Section 2.8.3(A) of the Unified Development Ordinance (UDO). A site-specific plan is not required for overlay district amendment applications and conditions cannot be applied to an approval action. The typical cadence for the review is as follows: • FIRST ACTION — Staff holds a Development Advisory Committee Meeting. STAFF COMMENT. The Development Advisory Committee Meeting was held on July 11, 2024, at 9:30 a.m., via Microsoft Teams. Comments received from this review are available 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 this application at its regular meeting on August 7, 2024 and voted unanimously to recommend approval of the amendment. • 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 September 5, 2024. Public Notifications: In accordance with Section 2.8.7 of the UDO, notices of the Public Hearing were mailed via first class mail to property owners within 1,000 feet of the subject parcel. These notices were mailed on August 22, 2024, 14 days before the hearing. Staff also posted the subject parcel with signs on August 22, 2024, 14 days before the hearing. See Attachment 3 for the notification materials. 31 Planning Board Recommendation: The Planning Board reviewed the zoning atlas amendment at its August 7, 2024 regular meeting. At this meeting the Planning Board voted unanimously to recommend approval of the Statement of Consistency (Attachment 6) and the proposed Zoning Atlas Amendment (Attachment 7), as presented. An excerpt of the draft minutes from the August 7, 2024 meeting, as well as the Board's signed statement of consistency, are included in Attachment 5. Agenda materials from the meeting can be viewed at: https://www.orangecountync.gov/AgendaCenterNiewFile/Agenda/ 08072024- 2058. Planning Director's Recommendation: The Planning Director recommends approval of the: 1. Statement of Approval and Consistency indicating the overlay zoning district amendment application is reasonable and in the public interest, as contained in Attachment 6. 2. Zoning Atlas Amendment Ordinance to reflect the zoning overlay change on the County's adopted Zoning Atlas, as contained in Attachment 7. Patrick Mallett, Deputy Director, Development Services, made the following presentation: Slide #1 ORANGE COUNTY NORTH CAROLINA Item 5c: Zoning Atlas Amendment Watershed Protection Overlay Location: 711 Faith Way PIN: 9835-67-1605 Applicant: Orange County Case#: MA24-0004 32 Slide #2 Zoning Atlas Amendment- MA24-0004 711 Faith Way Road Overview: AVi Ty[Map forW tershed yA end tAppGcat[n 711 Faith Way Road PIN 98383567i6o5 m i y' 9835-67-1605 Township Cheeks r R . Watershed Back Creek Protected ` " �. , f r Upper Eno Protected r t Applicant Orange County �,ppry�. "fry ORANGE COUNTY NORTH CAROLINA Slide #3 Zoning Atlas Amendment- MA24-0004 711 Faith Way Road • 'd Watershed Overlay Amendment PIN 9835671605 Current Zoning Current Zoning ■ R-1,Rural Residential Surrounding Zoning ■ R-1,Rural Residential Overlay Districts ■ Back Creek Protected °^ ■ Upper Eno Protected r3 ��r�� w„m• "-.-- _ STY 33 Slide #4 Zoning Atlas Amendment- MA24-0004 711 Faith Way Road 'Overview • • Future Land Use Map Designation Adopted Future Land Use Map with Parcel 98356716o5 Depicted Rural Residential • Land in the rural areas of the Countywhich is appropriate for low intensity and low-density residential development,and which would not be dependent on urban services duringthe plan period. eec creee r• -d upper Eno Pmtecmd l i p nn sr e,;.eaamw.Wwaeanavr L3 �e Slide #5 Zoning Atlas Amendment- MA24-0004 711 Faith Way Road • • '• Request = ■ Modify the Back Creek Protected Watershed Overlay District and Upper Eno _ Protected Watershed Overlay District *_ boundary line. • No amendments are proposed to the base zoning district or Future Land Use Map. ■ Follows acceptance of the revised watershed boundary line by the State, - - — which was presented to the BOCC at their 'f May 21,2024 meeting. This action will align the zoning of the watershed boundary _ with that ridgeline. o�— o`� ,� A— TY 34 Slide #G Zoning Atlas Amendment- MA24-0004 711 Faith wur nouu 'Overview (continued): � ,r El ac —`�� -- kANGE[OUNTY vonrecxxopw^ Slide #7 Staff Analysis .��n / x��n��s Aa required underSeohon28.5of the UDO'1ho Planning DiaotoruhuU cause an analysis tobe made of the application.|nuna|ydng1biy request,the Planning Director offers the following: 1. The application Is complete in accordance with the requirements ofSection 2.8.3of the UDO. 2. Staff review nf the application included considerations for how the request relates 10 the Orange County 2O30 Comprehensive Plan. • Chapter 2-Planning Principles ~ Chapter 5-Land Use Element,Section 5.8Goals ORANGE COUNTY mmaommoNA 35 Slide #8 eablic Notification ■ Notices were mailed via first class mail to property owners within 1,000 ft. of the subject parcel on August 22, 2024. ■ Signs posted the subject parcel on August 22, 2024. ■ Application information has also been posted on the Planning Department's"Active Development"webpage. ORANGE COUNTY NORTH CAROLINA Slide #9 Review Process Planning Staff • Determine application completeness and analyze proposed Zoning Atlas Amendment with Comprehensive Plan Planning Board • Hear from the applicant, staff,and the public • Review and discuss analysis and staff recommendation • Recommend approval or denial to Board of County Commissioners Board of County . • • Schedule and hold public hearing to receive application • Hear from the applicant, staff,and the public • Review and discuss analysis and recommendations from staff and Planning Board • Close public hearing ORANGE COUNTY NORTH CAROLINA 36 Slide #10 Planning Director Recommendation The Planning Director recommends Approval of: 1. Statement of Approval and Consistency indicating the overlay zoning district amendment application is reasonable and in the public interest, as contained in Attachment 6. 2. Zoning Atlas Amendment Ordinance to reflect the zoning overlay change on the County's adopted Zoning Atlas,as contained in Attachment 7. ORANGE COUNTY NORTH CAROLINA Slide #11 Planning Board Recommendation The Planning Board reviewed the zoning atlas amendment at its August 7, 2024 regular meeting and voted unanimouslyto recommend approval of the Statement of Consistency(Attachment 6)and the proposed Zoning Atlas Amendment(Attachment 7),as presented. ORANGE COUNTY NORTH CAROLINA 37 Slide #12 Recommendation The Manager recommends the Board: 1. Conduct the public hearing and receive the Planning Board and staff recommendations and public comments; 2. Close the public hearing; and 3. Vote to Approve the Statement of Consistency (Attachment 6) and Zoning Atlas Amendments(Attachment7); • OR • Vote to Deny the Zoning Atlas Amendments, including a statement as to why the application is not reasonable and/or not in the public interest. ORANGE COUNTY NORTH CAROLINA A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to open the public hearing. VOTE: UNANIMOUS PUBLIC COMMENTS: There was no one signed up to speak. A motion was made by Commissioner Fowler, seconded by Commissioner McKee, to close the public hearing. VOTE: UNANIMOUS Chair Bedford said the Planning Board brought up the issue with surveying additional parcels. Patrick Mallett said getting ground truth throughout the entire county would be astronomically expensive. He said the watershed boundaries were made using the best criteria, means, and data available at the time. He said the good news is that there is better information available for surveys now as needed for property owners, and the state has a well-defined process for this now. A motion was made by Commissioner Fowler, seconded by Commissioner Hamilton, to approve the Statement of Consistency (Attachment 6) and Zoning Atlas Amendments (Attachment 7). VOTE: UNANIMOUS 38 6. Regular Agenda a. Professional Services Contract with Development Finance Initiative (UNC School of Government) for Pre-Development Services for the Greene Tract and Approval of Budget Amendment#1-A The Board authorized the County Manager to sign a contract on behalf of Orange County to procure a professional services contract with the Development Finance Initiative (DFI) for pre- development services for the Greene Tract and approved Budget Amendment#1-A to provide for the total cost of the project. BACKGROUND: With the anticipated conclusion in late September/October of the current community engagement and Master Plan efforts on the jointly-owned Greene Tract, the three local government owners/partners (Orange County and the Towns of Chapel Hill and Carrboro) are looking ahead to the next necessary phase of realizing development of the Greene Tract. An in-depth financial feasibility analysis of the Master Plan is necessary, including an analysis of providing housing at various levels of affordability and public investment support. Additionally, a development partner(s) must be identified and selected. Staffs have identified the DFI program at the UNC School of Government as uniquely suited to perform the necessary analyses and project marketing to private sector developers (both non- profit and for-profit) who would construct the Master Plan. DFI partners with communities "to attract private investment for transformative projects by providing specialized finance and real estate development expertise." The Scope of Services for the proposed contract is included in Attachment 1. Letters of Support from the Towns of Chapel Hill and Carrboro are included in Attachment 2. Many of the tasks in the Scope of Services are expected to be completed in a 12-18-month timeframe. However, the contract with DFI will be for 10 years, until December 1, 2035, as DFI will be a partner in soliciting private sector developers to bring the Master Plan to on-the-ground fruition, which may occur in phases. In a separate agenda item on this September 5, 2024 Business meeting agenda, the existing contract for Master Plan services with Thomas & Hutton is proposed to be extended in the event that adjustments to the Master Plan resulting from community engagement efforts are necessary as a result of the financial feasibility analysis DFI will complete. The proposed DFI contract is one part of overall efforts to develop the Greene Tract in accordance with community desires, to include affordable housing. Other processes, such as "entitlement" (zoning approval) by the Town of Chapel Hill will run concurrently with DFI's and Thomas & Hutton's work. The entitlement process is expected to be in the form of a Development Agreement and is expected to commence in October 2024. Attachment 3 is a DRAFT timeline of the Master Plan and Entitlement, with the timeline subject to refinements as a variety of activities are underway that could necessitate updates. Perdita Holtz, Deputy Director, Long-Range Planning &Administration, made the following presentation: 39 Slide #1 ORANGE COUNTY NORTH CAROLINA Professional Services Contract with Development Finance Initiative (UNC School of Government) for Pre- Development Services for the Greene Tract and Approval of Budget Amendment #1-A Agenda Item 6-a Slide #2 Purpose of Agenda Item • To authorize the County Manager to sign a contract on behalf of Orange County to procure a professional services contract with the Development Finance Initiative(DFI)for pre-development services for the Greene Tract and to approve Budget Amendment#1-A to provide for the total cost of the project. ORANGE COUNTY NORTH CAROLINA 40 Slide #3 Brief Update on 2024 Greene Tract Activities • Community engagement resulting in a community- supported Master Plan nearing completion — Master Plan will be presented at September 22 community workshop (#3 of 3) • 2:00 p.m. at Morris Grove Elementary • Consultant teams and staff will present to elected boards in October — October 1: BOCC — October 9: Chapel Hill Council — October 15: Carrboro Council ORANGE COUNTY NORTH CAROLINA Slide #4 Proposed DFI Contract • Staffs identified needs to move forward from a Master Plan to on-the-ground realization — Financial feasibility analysis, including varying levels of affordability/housing price points • Inform decisions about public investment — Zoning approvals by Town of Chapel Hill — Connect with private sector developer(s) to bring the overall project to fruition ORANGE COUNTY NORTH CAROLINA Perdita Holtz said that all three local governments had staff involved in identifying needs to move forward from a Master Plan to an on-the-ground realization. 41 Slide #5 Proposed DFI Contract (cost.) • DFI at the UNC School of Government identified as being uniquely suited to provide the specialized finance and real estate development expertise needed to move the Greene Tract project forward. — Ferry Road project in Buncombe County • https://engage.buncombecounty.org/y3032 ORANGE COUNTY NORTH CAROLINA Slide #6 Proposed DFI Contract (cost.) • Scope of Services in Attachment 1 — Tasks other than marketing the project to developers are expected to be completed in a 12-18 month timeframe. — Contract would be for 10 years to account for marketing time, advising on development agreement negotiations with selected developer(s), and likely phasing ORANGE COUNTY NORTH CAROLINA 42 Slide #7 Proposed DFI Contract (cont.) • Contract cost to property owners (Orange County and Towns of Carrboro and Chapel Hill): $132,400 over 2 fiscal years — 43% Orange County/43% Chapel Hill/ 14% Carrboro • County's share is$56,932 — Letters of Support from the Towns are in Attachment 2. • DFI is also compensated by the eventual developer(s)who pay 1%of the project costs directly to DFI as a Development Services Fee. — There are clauses in this contract that address the property owners'obligation to include this payment in future contracts with developer(s). ORANGE COUNTY NORTH CAROLINA Slide #8 Pre-Development Feasibility & Developer Identification Services _FV"qqWPr qq-qq" FV_ Site Public Analysis Interests .- sible .. Plan Market Financial Analysis Feasibility ORANGE COUNTY NORTH CAROLINA Marcia Perritt with Development Finance Initiative said that they are a program within the UNC School of Government. She said they have worked with over 250 communities in NC on real estate projects, including pre-development feasibility studies. Commissioner Hamilton asked to hear about a project that did not go forward and the circumstances surrounding that decision. Marcia Perritt said she can and that they still see that as a success because the goal is to provide objective, neutral information that helps the decision makers decide. She said that certain things are outside of their control such as political will, the scale of public engagement, or the planned density not as palatable to the community, to name a few. She said that they worked with Town of Davidson in 2016. She said they were contemplating redoing their town hall into denser mixed-use development that would extend their downtown corridor. She said that once the community saw the level of density needed to minimize the amount of public investment, the 43 public did not want it. She said they are now talking with Davidson about the same site with a different idea. Commissioner Portie-Ascott clarified that years 3-7 are covered by the development partner. Marcia Perritt said yes and noted that it is the project that pays the fee rather than the local government due to all of the predevelopment analysis. Chair Bedford asked if they have done projects with three elected bodies as owners. Marcia Perritt said they have worked in Morganton on the Broughton Hospital Campus. She said that involved the City of Morganton, Burke County, many state departments and even the community college. She said that is probably the closest with multiple owners/stakeholders. She said that the State of North Carolina was the client in this case, so this will be a little different with three owners, but they are excited and think that it will be a good experience. Commissioner Richards asked if the master plan is complete. Perdita Holtz said not yet but it will be unveiled on September 22"d Commissioner Richards asked for clarification on what the product is, how it is conveyed back to the boards, and the decision to be made from that. Perdita Holtz said that DFI will provide a financial feasibility analysis on the plan that is coming out of the community engagement process now. She said that once the analysis is complete, there may be revisions to the plan because they will not know costs until the models are provided from the DFI analysis report. She said that there is a refinement item on the consent agenda tonight that allows refinements to the Master Plan as necessary. Commissioner Richards said that she had spoken to the manager about this because she was unsure why they were approving or authorizing changes when they were not even sure if they would be needed at this point. Perdita Holtz said that Thomas and Hutton is paid on an as-needed basis and that the consent agenda item will allow them to continue to work knowing that they will be paid for that. She noted that there is a not-to-exceed amount. Marcia Perritt said the Buncombe County project was at a very similar stage when DFI began working with them. She said they will test the viability of the plan in the market, construction costs, and what the local governments are willing to pay. She said the master plan sets all of the parameters they will explore. She said they may present them with a range of options for them to consider for decision. She said the final plan always changes a little, so she is expecting that here. Chair Bedford said one of the Strategic Goals is to emphasize affordable housing. She asked if DFI will bring various scenarios of cost vs. affordable housing supply created. She said it will be difficult because there are other affordable housing partners involved. Marcia Perritt said that the Ferry Road project is 137 acres, so a bit smaller, but 65 of those acres will be developed and 70 acres will be conserved. She said the 65 acres will be the leading plan. She said they expect about 650 residential units with a mix of type and affordability. She said that half will be restricted for affordability and that others will also be available for rent rather than purchase. Commissioner Fowler asked since they are including commercial and market rate housing if the developers purchase the land that they build that on or if the government entity gives it to them to discount the cost of affordable housing. Marcia Perritt said that those will all be analyzed in their work. She said that with Ferry Road, they first presented the commissioners with the extreme version. She said then they work closely with the decision makers so they can go through and focus on what they want achieved and understand why DFI presented the options and why the scale of public investment might be necessary. She said there will be a menu of different scenarios presented. She said that they also help them decide how they are going to manage if the property is sold, and how, or if the owners keep the property, or possibly even phasing it in with options. She said there are so many different possibilities, but their role is to help them understand what all of the possibilities are. 44 Chair Bedford asked how multiple developers would work. Marcia Perritt described more similarities with the Ferry Road project. She said they landed on a $210,000,000 project with a $40,000,000 investment from Buncombe County. She said $22,000,000 into affordable housing for around 350 affordable units. and mix of densities. She said the remaining is for site prep and design work due to the mountainous landscape and terrain. She said that the DFI goal is to help the elected officials get to a point where they understand the project and needs well enough to be in a superior position when negotiating with a development partner. Commissioner Richards asked about the timeline because the community also needs to weigh in on changes to the Master Plan. She said it is not just the Board, but also the community that has an interest and equity in what happens. Perdita Holtz said they are expecting to continue any community engagement especially with substantive changes. She said that Chapel Hill has a built-in community engagement process with the rezoning. Slide #9 DRAFT Timeline Jan Feb Mar Apr May Jun Jul Aug Sept 0. Nov Dec Jan Feb Mar Community Engage ment Consultant planning&Strategy Engagement Implementation 5ynthesls&Initlal Design Recommendatlons Design AIignin nt&Ongoing Outreach workshops Final Retom mendations&Master PI an Re port Monthly Newsletters Mane Plan Consultant Deve to pment Constraints and O pportunities Development Regulations and Recommendations ]Conceptual Plan Final Master Plan OR lteratlons OR Contract&MOU Wdificati— Examine Current Conditions Market Analysts Site A nal ysis Fl nandal Analysis&strategy Identify Private Panner(s) Master Development Partner Solicitation Chapel MITI Entitlement Technical Review Publ I c Engageme nt(on-gol ng) Negotiations Chapel Hill Council Approval Annexation Property Owners Request Chapel Hill Coundl A p p royal Communlcailon Plan Coro munity/Stakeho I der Engagement RENA/Phoen lx Place/Church of Advocate Pool I t Outreach/Newsletter Fleeted Boads As Needed I � 45 Perdita Holtz said county, town, and DFI staff will continue community engagement. Slide #10 Recommendation for Tonight 1. Authorize the County Manager to execute and sign the contract after approval of content and form by the County Attorney; 2. Authorize the expenditure of up to $132,400 for professional services to provide Pre-Development Services for the Greene Tract Master Plan; and 3. Approve Budget Amendment #1-A. ORANGE COUNTY NORTH CAROLINA A motion was made by Commissioner Hamilton, seconded by Commissioner Richards, to approve and authorize the County Manager to execute and sign the contact after approval of content and form by the County Attorney; authorize the expenditure of up to $132,400 for professional services to provide Pre-Development Services for the Greene Tract Master Plan; and approve Budget Amendment#1-A. VOTE: UNANIMOUS 7. Reports None. 8. Consent Agenda • Removal of Any Items from Consent Agenda • Approval of Remaining Consent Agenda • Discussion and Approval of the Items Removed from the Consent Agenda A motion was made by Commissioner Hamilton, seconded by Commissioner McKee, to approve the consent agenda. VOTE: UNANIMOUS a. Minutes The Board will correct and/or approve the draft minutes for the May 16, 2024, May 21, 2024, May 23, 2024, and May 28, 2024 BOCC Meetings as submitted by the Clerk to the Board. 46 b. Motor Vehicle Property Tax Releases/Refunds The Board adopted a resolution to release motor vehicle property tax values for seven (7) taxpayers with a total of nine (9) 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 twenty-five (25) taxpayers with a total of twenty-eight (28) bills that will result in a reduction of revenue. d. Late Applications for Property Tax Exemption/Exclusion The Board approved nineteen (19) untimely applications for exemption/exclusion from ad valorem taxation for twenty (20) bills for the 2024 tax year. e. Tax Collector's Annual Settlement for Fiscal Year 2023-24 The Board received the tax collector's annual settlement on current and delinquent taxes for Fiscal Year 2023-2024, approved by resolution the accounting thereof, and upon acceptance of the reports, issued the Order to Collect for Fiscal Year 2024-2025. f. Submission of 2025 Reappraisal Proposed Schedules of Rules, Standards and Values The Board: 1) Received the proposed 2025 Reappraisal Schedules of Values (SOV); 2) Reviewed a statutory-compliant timeline of the proposed adoption process; and 3) Scheduled a public hearing on October 1, 2024 concerning adoption. g. Fiscal Year 2024-25 Budget Amendment#1 The Board approved budget, grant, and capital project ordinance amendments for Fiscal Year 2024-25. h. Resolution Authorizing Exchange of Property for the Sheriff's Office The Board approved a resolution authorizing the exchange of surplus duty weapons for credit from Craig's Firearm Supply, Inc. i. North Carolina Governor's Highway Safety Program: Orange County Sheriff's Office Police Traffic Services and Approval of Budget Amendment#1-113 The Board: 1) Adopted a Resolution recognizing federal funding for police traffic services to the Sheriff's Office; 2) Authorized the Chair to sign the Resolution; and 3) Approved Budget Amendment#1-B. j. Amendment to the Professional Services Contract with Thomas & Hutton for the Greene Tract Master Plan and Approval of Budget Amendment#1-C The Board authorized the County Manager to sign contract amendments on behalf of Orange County to amend the professional services contract with Thomas & Hutton, a firm currently providing services for preparation of a Master Plan for the Greene Tract, and approved Budget Amendment#1-C to provide for the total cost of the project. k. Amendment to the Professional Services Contract with Gensler Related to Community Engagement and the Greene Tract Master Plan The Board approved and authorized the County Manager to sign a contract amendment on behalf of Orange County to extend the professional services contract with Gensler, a firm currently providing services for community engagement for the Greene Tract Master Plan. I. Major Subdivision Preliminary Plat Application — Stonewall The Board reviewed and approved the Stonewall Major Subdivision Preliminary Plat application for the property with Parcel Identification Number 9875-64-5097 at the intersection of Miller Road and Minnick Road, in accordance with the provisions of Section 2.15 and Article 7 of the Unified Development Ordinance (UDO). m. Procurement of Replacement Computer Aided Dispatch System The Board approved the purchase of replacement ComputerAided Dispatch system software and implementation services for the Emergency Services Department's Public Safety Communications Division. 47 n. Procurement of Operating System and Database Licensing for Replacement CAD Servers The Board approved the purchase of the operating system and database licensing required for replacement Computer Aided Dispatch (CAD) system servers. o. Procurement of Replacement Computer Aided Dispatch System Server Hardware The Board approved the purchase of new server hardware for the replacement Computer Aided Dispatch (CAD) system. p. Ratification of County Manager's Execution of a Services Agreement with Priority Dispatch Corporation The Board ratified the County Manager's execution of a services agreement with Priority Dispatch Corporation for Public Safety Communications case review. q. Vehicle Equipment Purchase for Solid Waste Management The Board approved and authorized the purchase of two (2) 2025 Western Star Model 47XSB Swap Loaders, one (1) Front-End Loader, and one (1) Road Tractor for the purpose of collecting residential and commercial recyclable materials and municipal and commercial solid waste. 9. County Manager's Report Travis Myren recognized a few staffing changes that occurred over the summer including Kristin Prelipp as Interim Community Relations Director, Caitlin Fenhagen as Interim Deputy County Manager, and Paul Slack as Chief Equity and Inclusion Officer. He announced there will be a ribbon-cutting ceremony for a new bridge housing project on Monday. Finally, he shared that Nancy Coston, DSS Director, has announced her retirement and her last day will be October 31 sc 10. County Attorney's Report John Roberts said the impact fee case has been calendared for next month at the Supreme Court, but it will be decided without oral argument. He said the state legislature adjourned with multiple short sessions scheduled and there are four vetoes outstanding and two would directly impact Orange County. He said he will keep the Board informed on both the Impact Fee case and the vetoes. 11. Appointments None. 12. Information Items • June 18, 2024 BOCC Meeting Follow-up Actions List • Tax Collector's Report— Numerical Analysis • Tax Collector's Report— Measure of Enforced Collections • Tax Assessor's Report— Releases/Refunds under$100 • Memorandum — Recognition of County Employee Retirements from April 1, 2024 through June 30, 2024 • Memorandum — Settlement Report 13. Closed Session A motion was made by Chair Bedford, seconded by Commissioner Hamilton, to enter into closed session pursuant to G.S. § 143-318.11.(a)(3) to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body regarding Kemske v. Orange County, and for the approval of closed session minutes. 48 VOTE: UNANIMOUS RECONVENE INTO REGULAR SESSION A motion was made by Commissioner Fowler, seconded by Commissioner Richards, to reconvene into regular session at 8:41 p.m. VOTE: UNANIMOUS Adjournment A motion was made by Commissioner Richards, seconded by Commissioner Hamilton, to adjourn the meeting at 8:41 p.m. VOTE: UNANIMOUS Jamezetta Bedford, Chair Recorded by Tara May, Deputy Clerk to the Board Submitted for approval by Laura Jensen, Clerk to the Board