NC - Orange: COUNTY BOARD OF COMMISSIONERS

Issues discussed this meeting include:

When and Where is the Next Meeting?

COUNTY BOARD OF COMMISSIONERS

Orange County Board of Commissioners

Agenda

Business Meeting March 10, 2020 7:00 p.m. Richard Whitted Meeting Facility 300 West Tryon Street Hillsborough, NC 27278

Tagged Interests: business, facility, and streets

Note: Background Material on all abstracts available in the Clerk s Office

Compliance with the Americans with Disabilities Act - Interpreter services and/or special sound equipment are available on request. Call the County

Clerk s Office at (919) 245-2130. If you are disabled and need assistance with reasonable accommodations, contact the ADA Coordinator in the County Manager s Office at (919) 245-2300 or TDD 919-644-3045.
Tagged Interests: equipment, disability, services, administrator, compliance, and manager

1.

Additions or Changes to the Agenda

PUBLIC CHARGE

The Board of Commissioners pledges its respect to all present. The Board asks those attending this meeting to conduct themselves in a respectful,

courteous manner toward each other, county staff and the commissioners. At any time should a member of the Board or the public fail to observe this charge, the Chair will take steps to restore order and decorum. Should it become impossible to restore order and continue the meeting, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. The BOCC asks that all electronic devices such as cell phones, pagers, and computers should please be turned off or set to silent/vibrate. Please be kind to everyone.
Tagged Interests: computers

Arts Moment Cassie Lipton is a senior at Orange High School. She enjoys writing, and recently won a Silver Key in Poetry from the Scholastic Art and

Writing awards. She is a dedicated member of the band program at Orange High School, participating in the Orange Panther Regiment Marching Band and the OHS Jazz Ensemble. She also participates in many honors ensembles throughout the area including the Central District Band and the North Carolina Youth Wind Ensemble. In the fall of 2020, she will be attending the University of Virginia where she plans on double-majoring in Mathematics and Music Performance.
Tagged Interests: arts, program, performance, curriculum, university, education, and youth

2.

Public Comments (Limited to One Hour)

(We would appreciate you signing the pad ahead of time so that you are not overlooked.)

a. Matters not on the Printed Agenda (Limited to One Hour THREE MINUTE LIMIT PER

SPEAKER Written comments may be submitted to the Clerk to the Board.)

Petitions/Resolutions/Proclamations and other similar requests submitted by the public will not be acted upon by the Board of Commissioners at the

time presented. All such requests will be referred for Chair/Vice Chair/Manager review and for recommendations to the full Board at a later date regarding a) consideration of the request at a future Board meeting; or b) receipt of the request as information only. Submittal of information to the Board or receipt of information by the Board does not constitute approval, endorsement, or consent.
Tagged Interests: recognition and manager

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 (Three Minute Limit Per

Commissioner)

4.

Proclamations/ Resolutions/ Special Presentations

Tagged Interests: recognition

a. Proclamation Recognizing the 100th Year Anniversary of the 19th Amendment to the United

Tagged Interests: recognition

States Constitution b. Women s History Month Proclamation

Tagged Interests: recognition and history

5. Public Hearings

Tagged Interests: hearing

a. Unified Development Ordinance (UDO) Text Amendments Clarification of Setbacks from the

Tagged Interests: ordinance, development, Development, and UDO

West Fork on the Eno Reservoir b. Public Hearing on the Financing of Various Capital Investment Plan Projects

Tagged Interests: investment and hearing

6.

Regular Agenda

a. Defining a Final Project Scope for County Space for the 203 South Greensboro Street Project in

Tagged Interests: streets

Cooperation with the Town of Carrboro

7.

Reports

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. Minutes b. Motor Vehicle Property Tax Releases/Refunds c. Property Tax Releases/Refunds d. Applications for Property Tax Exemption/Exclusion e.

Resolution Regarding Underpayment and Overpayment of Taxes f. City of Durham s Teer Quarry Reservoir Letter of No Objection from Orange County
Tagged Interests: taxes, Taxes, property, and property tax

Related to the Voluntary Eno River Capacity Use Agreement g. Adoption of Involuntary Commitment Transport Plan h. Approval of the Transfer of

Ownership of One (1) Manufactured Home Unit to
Tagged Interests: watershed

EmPOWERment, Inc. i. Fiscal Year 2019-20 Budget Amendment 6 j. Agreements for Right-of-Way Encroachments on Primary and Secondary Highways Bus

Tagged Interests: budget, Public Transit, and encroachment

Shelters k. Lease of 1000 Corporate Drive, Suites 401 and 402, Hillsborough l. Schools Adequate Public Facilities Ordinance (SAPFO) Receipt and

Transmittal of 2020
Tagged Interests: ordinance, leasing, and education

Annual Technical Advisory Committee Report m. Advisory Boards and Commissions Appointments n. Approval of System Safety Program Plan and Title VI

Plan for Orange County Public
Tagged Interests: boards and commissions, appointments, and program

Transportation

Tagged Interests: transportation

o. Greater Triangle Commuter Rail Study Next Steps

Tagged Interests: Public Transit and transportation

9.

County Manager s Report

Tagged Interests: administrator and manager

10.

County Attorney s Report

Tagged Interests: legal

11.

*Appointments

Tagged Interests: appointments

12.

Information Items

February 4, 2020 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 Financial Report for Second Quarter of FY 2019-20
Tagged Interests: finance, taxes, Taxes, and financial report

13.

Closed Session

To discuss matters related to the location or expansion of industries or other businesses in the area served by the public body, including agreement

on a tentative list of economic development incentives that may be offered by the public body in negotiations, NCGS 143-318.11(a)(4).
Tagged Interests: business, expansion, economic development, development, Development, and incentive

Pursuant to G.S. 143-318.11(a)(3) to consult with an attorney retained by the Board in order to preserve the attorney-client privilege between the

attorney and the Board.
Tagged Interests: legal

14. Adjournment

Note: Access the agenda through the County s web site, www.orangecountync.gov

*Subject to Being Moved to Earlier in the Meeting if Necessary

Orange County Board of Commissioners meetings and work sessions are available via live streaming video

at orangecountync.gov/967/Meeting-Videos and Orange County Gov-TV on channels 1301 or 97.6 (Spectrum Cable).

Tagged Interests: Telecommunications and telecommunications

ORANGE COUNTY BOARD OF COMMISSIONERS

ACTION AGENDA ITEM ABSTRACT

Meeting Date: March 10, 2020 Action Agenda Item No. 4-a

SUBJECT: Proclamation Recognizing the 100th Year Anniversary of the 19th Amendment to

Tagged Interests: recognition

the United States Constitution

DEPARTMENT: Human Rights and Relations

Tagged Interests: human rights

ATTACHMENT(S):

Proclamation

Tagged Interests: recognition

INFORMATION CONTACT: Commissioner Renee Price, 245-2130

Annette Moore, (919) 245-2317

PURPOSE: To approve a proclamation recognizing the 100th Anniversary of the 19th Amendment to the United States Constitution.

Tagged Interests: recognition

BACKGROUND: On June 4, 1919, both chambers of United States Congress approved the 19th amendment to the United States Constitution, which guaranteed

American women the right to vote. The amendment was ratified into the United States Constitution the following year on August 18, 1920.
Tagged Interests: voting rights

The first reported attempt to introduce women s suffrage legislation in North Carolina was led by a group from Asheville, the North Carolina Equal

Suffrage Association ( NCESA ), in 1894. In 1913, the NCESA, an affiliate of the National American Woman Suffrage Association elected Barbara Henderson of Chapel Hill as President, who initiated suffrage legislation in 1915 and 1919. However, the legislation failed to pass.
Tagged Interests: suffrage

Once Congress approved the 19th amendment in 1919, 36 states needed to ratify the amendment in order for it to be included in the United States

Constitution. In June 1919, Wisconsin, Illinois and Michigan were the first to ratify the amendment. Within the following year, 32 additional states ratified the amendment, with North Carolina or Tennessee poised to become the 36th state.

Southern States were adamantly opposed to the amendment, and seven of them - Alabama, Georgia, Louisiana, Maryland, Mississippi, South Carolina and

Virginia - rejected it prior to it being considered by the North Carolina General Assembly. On August 11, after rejecting ratification of the amendment, a majority of the members of the North Carolina House of Representatives sent a telegram to their counterparts in Tennessee telling them that they had not ratified the amendment because it interfered with states rights and urging the Tennessee legislators to reject ratification too. On August 18, 1920, Tennessee became the 36th state to ratify the 19th amendment by a margin of one vote. North Carolina would not ratify the 19th amendment until May 6, 1971.

If not for Gertrude Weil, and the legions of suffragettes before her, the march toward the women s right to vote may have stalled again. Weil s

organization, the North Carolina Equal Suffrage
Tagged Interests: suffrage and voting rights

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League launched the North Carolina Chapter of the League of Women Voters, a non- partisan organization that educates people on the political process.

Gertrude Weil served as the organization s first president.

Women in the United States were not the first women to gain the right to vote. When the 19th Amendment was ratified, women in New Zealand, Finland,

Norway, and Sweden already had the right to vote.
Tagged Interests: voting rights

FINANCIAL IMPACT: There is no financial impact associated with consideration of this proclamation.

Tagged Interests: recognition and finance

SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item:

GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race

or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status.
Tagged Interests: disability, military, and gender

GOAL: ENABLE FULL CIVIC PARTICIPATION

Ensure that Orange County residents are able to engage government through voting and volunteering by eliminating disparities in participation and

barriers to participation.
Tagged Interests: voting and volunteer

ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal associated with this item.

Tagged Interests: environment

RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the Chair to sign the Proclamation.

Tagged Interests: recognition and manager

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ORANGE COUNTY BOARD OF COMMISSIONERS

PROCLAMATION RECOGNIZING THE 100TH YEAR ANNIVERSARY OF THE 19TH AMENDMENT TO THE UNITED STATES CONSTITUTION

Tagged Interests: recognition

WHEREAS, an organized movement to enfranchise women began in July 1848 at a

convention in Seneca Falls, New York; and

Tagged Interests: conventions

WHEREAS, through the efforts of brave and courageous women referred to as suffragists who sacrificed family, personal life and financial resources

for over seventy years to gain equal rights for women, especially the right to vote; and
Tagged Interests: finance, voting rights, and civil rights

WHEREAS, women and men of all colors and cultures supported the women s suffrage movement in order for women to gain the Constitutional right of

having a voice in making the laws that govern them; and
Tagged Interests: suffrage

WHEREAS, Chapel Hill resident Barbara Bynum Henderson, UNC class of 1902 (AB MA), Phi Beta Kappa, organized and was elected president of the Equal

Suffrage League of North Carolina in 1913, and was unanimously re-elected for a second term in 1915; and
Tagged Interests: suffrage

WHEREAS, Barbara Bynum Henderson carried the battle for women's suffrage to the North Carolina General Assembly when a special session was called to

consider woman suffrage; and
Tagged Interests: suffrage

WHEREAS, the woman s suffrage movement led to the passage of the 19th Amendment to the Constitution of the United States in 1919, with ratification

by the states by the summer of 1920; and
Tagged Interests: suffrage

WHEREAS, North Carolina delayed ratifying the 19th amendment until 1971; and

WHEREAS, the National Woman Suffrage Association dissolved in 1920 to create the League of Women Voters of the United States in order to register

voters and educate all voters; and
Tagged Interests: suffrage

WHEREAS, the League of Women Voters of North Carolina was launched on October 7, 1920 on the steps of the Guilford County Courthouse by Gertrude

Weil, a politically active and tireless young woman from Goldsboro, North Carolina; and

WHEREAS, more than 120,000 women were registered to vote in North Carolina by 1920; and

WHEREAS, women today constitute a majority vote in the State of North Carolina and the United States and are running for office in higher numbers and

more active in the election process than ever before in history;
Tagged Interests: voting, election, and history

NOW THEREFORE the Orange County Board of County Commissioners does hereby recognize the 100th anniversary of women gaining the right to vote; and

Tagged Interests: recognition and voting rights

FURTHERMORE that Orange County Board of County Commissioners does hereby recognize the 100th anniversary of the founding of the League of Women

Voters in the United States and in North Carolina and applauds the members of the League of Women Voters for the impact its historic accomplishments have made on public engagement and the civic life of the community, the state and the nation.
Tagged Interests: recognition and historic

This the 10th day of March, 2020.

_________________________________ Penny Rich, Chair Orange County Board of Commissioners

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ORANGE COUNTY BOARD OF COMMISSIONERS

ACTION AGENDA ITEM ABSTRACT

Meeting Date: March 10, 2020 Action Agenda Item No. 4-b

SUBJECT: Women s History Month Proclamation

Tagged Interests: recognition and history

DEPARTMENT: Human Rights and Relations

Tagged Interests: human rights

ATTACHMENT(S):

Proclamation

Tagged Interests: recognition

INFORMATION CONTACT: Annette M. Moore, (919) 245-2317 Commissioner Renee Price, (919) 245-

2130

PURPOSE: To approve a proclamation recognizing March 2020 as Women s History Month in Orange County.

Tagged Interests: recognition and history

BACKGROUND: Celebration of Women s History Month had its roots in the socialist and labor movements in New York City. The first Women s Day took

place on February 28, 1909. The day honored the one year anniversary of the garment worker s strikes that had taken place in New York, where thousands of women marched for economic rights. That strike followed another strike that occurred in 1857 when garment workers marched for equal rights and 10- hour work days. Within two years the event grew into an international event. In 1975, the United Nations officially began International Women s Day; which will be celebrated on March 8th this year.
Tagged Interests: events, civil rights, and history

At the inception of Women s History Month, feminists in the United States saw the designation of the month as a way to celebrate a history that had

largely overlooked the contributions of women in America. Women s History Month has its origins as a national celebration in 1981 when Congress authorized and requested President Jimmy Carter proclaim the week beginning March 7, 1982 as Women s History Week. In 1987, the Women s History Month Project petitioned the US Congress to designate the month of March as Women s History Month. Ronald Reagan was the first president to proclaim March as Women s History Month.
Tagged Interests: history

Currently, local, state and federal governments annually proclaim March as Women s History Month. Each year the National Women s History Project

declares a theme. The 2020 theme is Valiant Women of the Vote. The theme honors the brave women who fought to win suffrage rights for women, and for the women who continue to fight for the voting rights of others.
Tagged Interests: voting, suffrage, voting rights, and history

FINANCIAL IMPACT: There is no financial impact associated with consideration of this proclamation.

Tagged Interests: recognition and finance

SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item:

1

GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race

or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status.
Tagged Interests: disability, military, and gender

GOAL: ENABLE FULL CIVIC PARTICIPATION

Ensure that Orange County residents are able to engage government through voting and volunteering by eliminating disparities in participation and

barriers to participation.
Tagged Interests: voting and volunteer

ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal associated with this item.

Tagged Interests: environment

RECOMMENDATION(S): The Manager recommends that the Board approve and authorize the Chair to sign the Proclamation.

Tagged Interests: recognition and manager

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ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS

WOMEN S HISTORY MONTH PROCLAMATION

Tagged Interests: recognition and history

WHEREAS, American women of every race, class, and ethnic background have made

historic contributions to the growth and strength of our Nation in countless recorded and unrecorded ways; and

Tagged Interests: historic and growth

WHEREAS, American women have played and continue to play critical economic, cultural, and social role in every sphere of the life of the Nation by

constituting a significant portion of the labor force working inside and outside of the home; and

WHEREAS, American women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change

movement;

WHEREAS, American women have been leaders, not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist

movement, the emancipation movement, the industrial labor movement, the civil rights movement, and other movements, especially the peace movement, which create a more fair and just society for all; and
Tagged Interests: industrial, suffrage, and civil rights

WHEREAS, because of the courage of so many bold women who dared to transcend preconceived expectations and prove they were capable of doing all that

a man could do and more, advances were made, discoveries revealed, barriers were broken and progress triumphed; and

WHEREAS, despite these contributions, the role of American women in history has been

Tagged Interests: history

consistently overlooked and undervalued, in the literature, teaching and study of American history; and

Tagged Interests: history

WHEREAS, the Orange County Board of County Commissioners on March 25, 1976, established the Orange County Commission for Women to promote the growth

and development of all Orange County women and continue to promote the efforts of women and it has been doing for more than 40 years.
Tagged Interests: boards and commissions, development, Development, and growth

NOW, THEREFORE, do we, the Board of Commissioners of Orange County, North

Carolina hereby proclaim March 2020 as Women's History Month and commend this observance to Orange County residents and call upon them to celebrate

the women in their lives with appropriate programs, celebrations and activities.
Tagged Interests: recognition, program, and history

THIS THE 10th DAY OF MARCH, 2020.

________________________________ Penny Rich, Chair Orange County Board of Commissioners

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ORANGE COUNTY BOARD OF COMMISSIONERS

ACTION AGENDA ITEM ABSTRACT Meeting Date: March 10, 2020

Action Agenda Item No. 5-a

SUBJECT: Unified Development Ordinance (UDO) Text Amendments Clarification of

Tagged Interests: ordinance, development, Development, and UDO

Setbacks from the West Fork on the Eno Reservoir

DEPARTMENT: Planning and Inspections

Tagged Interests: planning

ATTACHMENT(S): INFORMATION CONTACT:

1. Aerial Photo of the West Fork on the Eno Reservoir

2. Excerpt from November 6, 2019 Ordinance Review Committee (ORC) Meeting

Tagged Interests: ordinance

3. Excerpt of Draft February 5, 2020 Planning Board Minutes and Signed Statement of Consistency

Tagged Interests: planning

4. Public Hearing Legal Ad 5. Statement of Consistency 6. UDO Text Amendment(s)

Tagged Interests: legal, hearing, and UDO

Michael D. Harvey, Planner III, (919) 245-2597 Craig Benedict, Director, (919) 245-2575

PURPOSE: To hold a public hearing, receive the Planning Board recommendation and public comment, and consider action on Planning Director initiated

Unified Development Ordinance (UDO) text amendments revising/updating existing guidelines associated with the enforcement of reservoir setbacks for structures and septic systems.
Tagged Interests: planning, ordinance, development, Development, hearing, and UDO

Specifically, the amendment seeks to establish the effective date for the expansion of the West Fork on the Eno reservoir. If approved, the amendment

will create an exemption for parcels and development (i.e. structures and septic systems) established prior to the creation/expansion of the reservoir, specifically February 12, 1997.
Tagged Interests: expansion, development, Development, and property

The amendment also updates existing references to the final normal pool elevation (NPE) of the reservoir, which according to the Town of Hillsborough

is going to be 642 ft. In the summer of 2019, the Town indicated the NPE for the reservoir was going to be 643.9 ft. and staff proceeded with an amendment based on this information. After being notified of the updated NPE, the amendment now references a NPE of 642 ft.

BACKGROUND: Section 6.13.4 Minimum Buffer Widths for Watershed Protection Overlay Districts of the UDO establishes a 150 ft. wide setback around

reservoirs. This area is intended to be left in an undeveloped state. Additionally, Section 4.2.9 Water Supply / Sewage Disposal Facilities of the UDO establishes a 300 ft. setback for septic tanks from a reservoir.
Tagged Interests: utility, Utility, water, watershed, and UDO

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Section 4.2.2, specifically subsections (F) through (I), of the UDO establishes the applicability of watershed protection standards including

establishing criteria defining those properties (developed and undeveloped) considered to be grandfathered with respect to applicable buffer (i.e. stream and reservoir) standards.
Tagged Interests: watershed and UDO

In the 1990 s, the Town of Hillsborough began the necessary permitting processes at the State level to construct the West Fork on the Eno reservoir

within the Cedar Grove Township of the county.

Work was broken down into two phases, with Phase 1 including the Town purchasing property to expand the reservoir. The final boundary of the

reservoir was established on February 11, 1997 with the recording of plats within the Orange County Registrar of Deeds Office denoting the Town s purchase of property along the West Fork of the Eno. Attachment 1 contains maps of the existing reservoir boundary, based on 2017 aerial photographic data, denoting the aforementioned 150 ft. (structure) and 300 ft. (septic) setback areas.
Tagged Interests: zoning, purchasing, and property

Phase 2 of the project involves the actual clearing of property and expanding the existing NPE of the reservoir. The Town has already begun Phase 2

of the project, including land clearing and increasing the elevation of the dam.
Tagged Interests: property

While the Town purchased sufficient property to accommodate the approved expansion of the actual reservoir, the required reservoir setback could

still potentially impact adjacent parcels of property. Adjacent property owners have expressed concern the UDO does not specifically reference the expansion of the reservoir thereby making their properties potentially non- conforming to applicable watershed management regulations (i.e. required reservoir setbacks).
Tagged Interests: regulation, expansion, purchasing, watershed, property, and UDO

In an effort to address this concern, staff proposed a text amendment (Attachment 6) to reference the expansion of the West Fork on the Eno from the

date the Town secured property allowing for the approved expansion. In consultation with the County Attorney office, staff has determined this date is February 12, 1997.
Tagged Interests: legal, expansion, and property

While property owners are still required to abide by applicable setbacks per Section(s) 4.2.9 and 6.13.4 of the UDO, they will have greater latitude

in demonstrating compliance with applicable standards. This amendment will not necessarily allow for additional development of structures closer to the actual reservoir. It will, however, recognize the conforming status of existing development and not arbitrarily make same non-conforming. The status can be important with respect to property transactions and mortgage applications.
Tagged Interests: recognition, development, Development, property, compliance, and UDO

This proposal was reviewed at the November 6, 2019 Ordinance Review Committee (ORC) meeting. Notes from this meeting are contained within Attachment

2.
Tagged Interests: ordinance

Analysis: As required under Section 2.8.5 of the UDO, the Planning Director is required to: cause an analysis to be made of the application and,

based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners .
Tagged Interests: planning and UDO

The amendments are necessary to address current inconsistencies within the UDO relating to the definition of what constitutes existing lots and/or

existing development with respect to compliance with applicable reservoir setbacks. This amendment should likely have been completed in 1997 when the Town was purchasing property to establish the reservoir.
Tagged Interests: development, purchasing, Development, property, compliance, and UDO

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Planning Board Recommendation: At its February 5, 2020 regular meeting, the Planning Board voted unanimously to recommend approval of the Statement

of Consistency and the proposed UDO text amendment. Excerpts of the draft minutes from this meeting, as well as the Board s signed Statement of Consistency, are included in Attachment 3. Agenda materials from the meeting can be viewed at: https://www.co.orange.nc.us/AgendaCenter/Planning-Board-26.
Tagged Interests: planning, materials, and UDO

It should be noted the amendment presented to the Planning Board referenced changing the NPE for the West Fork on the Eno from 643 ft. to 643.9 ft.

This was based on data from the Town. The amendment package now reflects the Town s corrected NPE for the reservoir of 642 ft. resulting in a slight reduction in the 150 ft. (structure) and 300 ft. (septic) setback areas around the reservoir.
Tagged Interests: planning

Planning Director Recommendation: The Planning Director recommends approval of the Statement of Consistency, as contained in Attachment 5, and the

UDO Text Amendment, as contained within Attachment 6.
Tagged Interests: planning and UDO

FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Existing staff,

included in the Departmental staffing budget, will accomplish the work required to process this amendment.
Tagged Interests: funding, finance, budget, services, and human resources

SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item:

GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races,

cultures, incomes and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies.
Tagged Interests: regulation, development, industrial, environment, Development, and commercial

ENVIRONMENTAL IMPACT: There are no Orange County Environmental Responsibility Goal impacts associated with this item.

Tagged Interests: environment

RECOMMENDATION(S): The Manager recommends the Board:

Tagged Interests: manager

1. Receive the request; 2. Conduct the public hearing and accept comment; 3. Close the public hearing. (Note that, because this is a legislative

decision, additional
Tagged Interests: hearing

comments at a later date are permitted); and 4. Approve the Statement of Consistency (Attachment 5) and the UDO Text Amendment

Tagged Interests: UDO

(Attachment 6).

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4

mharvey Text Box Attachment 1

5

6

7

SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2

Tagged Interests: planning

NOVEMBER 6, 2019 3 ORDINANCE REVIEW COMMITTEE 4

Tagged Interests: ordinance

5 6 NOTE: A QUORUM IS NOT REQUIRED FOR ORDINANCE REVIEW COMMITTEE MEETINGS. 7 8 9 MEMBERS PRESENT: Lydia Wegman (Chair), At-Large Representative;

Randy Marshall, At-Large Representative; 10 Kim Piracci, Eno Township Representative; Melissa Poole, Little River Township Representative; Carrie Fletcher, 11 Bingham Township Representative; Susan Hunter, Chapel Hill Township Representative; Gio Mollinedo, At-Large 12 Representative; Patricia Roberts, Cheeks Township Representative; Hunter Spitzer, At-Large Representative; 13 14 15 STAFF PRESENT: Craig Benedict, Planning Inspections Director; Michael Harvey, Current Planning Supervisor; 16 Tina Love, Administrative Assistant III 17 18 19 AGENDA ITEM 1: Call to Order 20 21 22 23 AGENDA ITEM 3: WEST FORK ON THE ENO RESERVOIR - To begin review and discussion on proposed amendments to 24 the UDO pertaining to the West Fork on the Eno reservoir to address concerns over reservoir setbacks. The 25 expected timeline for the Planning Board recommendation and BOCC public hearing has not yet been determined. 26 27 PRESENTER: Michael Harvey, Current Planning Supervisor 28 29 Michael Harvey reviewed the proposed amendments to the UDO regarding reservoir setbacks and provided 30 background information. 31 32 Carrie Fletcher: How many residents does it affect? 33 34 Michael Harvey: A couple dozen. 35 36 Patricia Roberts: Wouldn t you have to buy their house if did penalize them? 37 38 Michael Harvey: Hillsborough would, in my mind, have to buy their house but that s me saying that. 39 40 Craig Benedict: Hillsborough should have bought all the way up to that 150 from their future pool area, 41 I think they were trying approximate that 150 area but it should have been from their phase II reservoir 42 not their, possibly phase I reservoir pool area. 43 44 45 ORC was adjourned through consensus 46 47
Tagged Interests: planning, ordinance, watershed, hearing, and UDO

Attachment 2 8

DRAFT EXCERPT OF MEETING MINUTES 1 ORANGE COUNTY PLANNING BOARD 2

Tagged Interests: planning

FEBRUARY 5, 2020 3 REGULAR MEETING 4

5 MEMBERS PRESENT: Lydia Wegman (Chair), At-Large Representative; David Blankfard (Vice-Chair), Hillsborough 6 Township Representative; Adam Beeman,

Cedar Grove Township Representative; Kim Piracci, Eno Township 7 Representative; Susan Hunter, Chapel Hill Township Representative; Patricia Roberts, Cheeks Township 8 Representative; Randy Marshall, At-Large Representative; Hunter Spitzer, At-Large Representative; Carrie Fletcher, 9 Bingham Township Representative 10 11 MEMBERS ABSENT: Melissa Poole, Little River Township Representative; Gio Mollinedo, At-Large Representative; 12 Hathaway Pendergrass, At-Large Representative 13 14 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor 15 16 AGENDA ITEM 8: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT EROSION CONTROL PERMITS - To 17 make a recommendation to the BOCC on proposed amendments to the UDO pertaining to the West Fork on the Eno 18 reservoir to address concerns over reservoir setbacks. This item was introduced at the November 6, 2019 ORC 19 meeting and is scheduled for BOCC public hearing on March 10, 2020. 20 21 PRESENTER: Michael Harvey, Current Planning Supervisor 22 23 Michael Harvey reviewed the abstract and proposed changes to the UDO and provided the Board within an updated 24 Attachment 4, an updated copy of the proposed amendment package. 25 26 Lydia Wegman: Does this amendment allow someone to expand an existing septic system or residence closer to the 27 reservoir? 28 29 Michael Harvey: No. Under Section 4.2.2 (F) you can make repairs to existing residences and septic systems and 30 even expand same but you cannot, in my mind, go closer to the actual reservoir. We do, however, want to recognize 31 the legal viability of the development and not penalize property owners for abiding by applicable rules at the time they 32 located their residences or septic systems. 33 34 Adam Beeman: Is there a discrepancy in the maps provided in the package? It seems the reservoir actually 35 includes property north of Carr Store Road. 36 37 Michael Harvey: The reservoir does extend north of Carr Store Road correct. That is why we have the revised 38 map(s) in your packet. Sorry for the confusion. 39 40 Hunter Spitzer: Why is the Town of Hillsborough not required to own the required buffer area? 41 42 Michael Harvey: (If you are referring to the required 150 ft. and 300 ft. setbacks for buildings and septic systems) 43 State law does not mandate the Town own the area required to comply with the established setbacks. That is one 44 reason for the amendment. 45 46 Craig Benedict: There probably should have been an easement required to ensure the area was protected by the 47 Town. And the Town had to negotiate with these property owners to secure the property necessary to accommodate 48 the reservoir. 49 50 Michael Harvey: This is one reason the County has regulations governing what constitutes existing development and 51 existing parcels when addressing compliance with required reservoir setbacks. 52 53 Patricia Roberts: Can someone replace an existing manufactured home with a stick built or modular residence? 54
Tagged Interests: Homebuilder, planning, regulation, ordinance, recognition, legal, streets, development, watershed, Development, property, hearing, commercial, compliance, UDO, and easement

Attachment 3 9

Michael Harvey: There is nothing in the UDO that would prevent that. All the property owner would have to do is 55 comply with applicable setback

standards. 56 57 Michael Harvey: What this amendment does is establish a key date as it relates to the enforcement of the reservoir 58 setback from the West Fork on the Eno. The amendment establishes the date for staff to ascertain what constitutes 59 an existing lot and existing development when enforcing the required structure and septic setbacks. The UDO 60 contains waiver provisions for an existing lot so that property owners who own a parcel established prior to the 61 development or designation of a reservoir site with respect to locating a structure and septic system. Unfortunately 62 this amendment will not address everyone s issues along the Eno. For example we have a property owner who has 63 subdivided his lot several times from 1997 to today. His property will not qualify as an existing lot under this 64 provision. The County staff chose the proposed date that made sense as it relates to the enforcement of reservoir 65 setbacks. February 12, 1997 is the date the West Fork on the Eno reservoir was established as it relates to 66 identifying the point where the 150 ft. structure and 300 ft. septic setback are taken from. 67 68 I am asking the Board to approve the Statement of Consistency in Attachment 3 and recommend the adoption of the 69 revised Attachment 4, which establishes the key critical date with respect to what constitutes existing development 70 and an existing lot along the West Fork on the Eno of February 12, 1997. 71 72 Hunter Spitzer: Is there a way to amend the proposal to change the dates for what constitutes a legal lot and existing 73 development to a different date? I am concerned there may be some property owners who will not qualify with the 74 February 12, 1997 date and we will make more structures nonconforming. 75 76 Michael Harvey: I am not comfortable with that. The intent of the identified sections is to define what qualifies as 77 existing development and an existing lot as it relates to when a reservoir was established. From the date a reservoir 78 is established, people who subdivide their property are obligated to abide by applicable reservoir setbacks for 79 structures and septic systems. I will remind all parties there is nothing in this section preventing a property owner 80 from seeking a variance from the Board of Adjustment if they believe the strict interpretation of the UDO infringes on 81 their development or redevelopment of their property. 82 83 Hunter Spitzer: That only covers regulated subdivisions correct? 84 85 Michael Harvey: All property, created through the regulated, expedited, exempt subdivision processes, are required 86 to abide by the established setbacks when they develop their property. This is handled as part of the zoning 87 compliance permit process, which is separate from the subdivision process, and would include compliance with the 88 150 ft. setback for all structures and the 300 ft. setback for all septic systems from a reservoir. You are correct, 89 however, it is likely a property owner engaging in an exempt subdivision will not be aware of the potential impacts of 90 their action as it relates to complying with applicable reservoir setbacks. Unfortunately that is not something staff can 91 address. We can continue to advise property owners of the issue but cannot require they take the consequences 92 into account when deciding to proceed with an exempt subdivision. 93 94 Craig Benedict: Some of these issues hit home for property owners when the Town began clearing property to allow 95 for the raising of the reservoir. It became clearer to those property owners just where the edge of the reservoir was 96 going to be and that led to questions of us on anticipated impacts. 97 98 Patricia Roberts: Will these people have to purchase flood insurance? 99 100 Michael Harvey: There is nothing in the UDO mandating property owner purchase flood insurance. There is existing 101 special flood hazard area along the reservoir. It is typically up to the lending institution if flood insurance will be 102 required. Again I want to clarify this amendment package, in and of itself, does not create the need for flood 103 insurance. I will not bore you with my 20 minute presentation on why you should purchase flood insurance 104 regardless of your property s location within a special flood hazard area. 105 106 Randy Marshal: The aerial photo still shows trees along the reservoir area. Has clearing begun? 107 108
Tagged Interests: legal, development, zoning, subdivision, insurance, purchasing, flooding, trees, Development, property, compliance, and UDO

10

Michael Harvey: Yes clearing has already occurred and is nearly completed. My last conversation with the Town on 109 this matter led me to believe

the majority of clearing activities had already occurred but that additional work may be 110 necessary. I am of the opinion work on the dam is being finalized and there is still roadwork that has to be completed 111 for the project. Unfortunately all I have access to is 2016/17 aerial photo data so it does not show the existing of 112 clearing activities that have already occurred. 113 114 MOTION by Randy Marshal to approve the statement of consistency, and the updated text amendment package 115 as provided by staff. Seconded by Lydia Wegman. 116 VOTE: Unanimous 117 118 AGENDA ITEM 9: ADJOURNMENT 119 Meeting was adjourned by consensus 120 121

122 123 124

David Blankfard, Chair 125

11

STATEMENT OF APPROVAL AND CONSISTENCY

OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT

Tagged Interests: ordinance, development, Development, and UDO

WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN

Tagged Interests: strategic

Orange County has initiated an amendment to the Unified Development Ordinance (UDO) establishing the effective date for the expansion of the West

Fork on the Eno reservoir when determining required reservoir setbacks.
Tagged Interests: ordinance, expansion, development, Development, and UDO

The Planning Board hereby approves the proposed text amendment and finds:

Tagged Interests: planning

a. The requirements of Section 2.8 of the UDO have been deemed complete; and,

Tagged Interests: UDO

b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the North Carolina General Statutes, the Board finds sufficient

documentation within the record denoting that the amendment is consistent with the adopted 2030 Comprehensive Plan.
Tagged Interests: strategic and UDO

1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives:

Tagged Interests: strategic, information technology, and Information Technology

Land Use Goal 4 - Land development regulations, guidelines, techniques and/or incentives that promote the integrated achievement of all.

Tagged Interests: regulation, development, Development, and incentive

These amendments are consistent with this goal and objective by establishment of the effective date for the expansion of the West Fork on the Eno

reservoir when determining required reservoir setbacks thereby ensuring consistent application of development regulations.
Tagged Interests: regulation, expansion, development, and Development

Land Use Goal 6 A land use planning process that is transparent, fair, open, efficient, and responsive.

Tagged Interests: planning

These amendments are consistent with this goal and objective by eliminating confusion with respect to the enforcement of setbacks from the West Fork

on the Eno reservoir thereby ensuring transparency in the development review process.
Tagged Interests: development and Development

c. The amendment is reasonable and in the public interest because it:

1. Ensures legal sufficiency by formally establishing what constitutes existing development and/or an existing parcel as it relates to the

enforcement of reservoir setbacks associated with the expansion of the West Fork on the Eno reservoir.
Tagged Interests: legal, expansion, development, Development, and property

By establishing this reference date staff will be better suited to working with property owners abide by applicable regulations.

Tagged Interests: regulation and property

The Planning Board hereby adopts this Statement of Approval and Consistency as well as the findings expressed herein.

Tagged Interests: planning

______________________ ________________________

David Blankfard, Chair Date

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david.blankfard Image

david.blankfard Text Box 02.24.2020

NOTICE OF PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS

Tagged Interests: hearing

A public hearing will be held at the Whitted Building, 300 West Tryon Street, 2nd Floor, Hillsborough, North Carolina, on Tuesday, March 10, 2020 at

7:00 PM for the purpose of giving all interested residents an opportunity to speak for or against the following items:
Tagged Interests: Homebuilder, streets, and hearing

1. Unified Development Ordinance Text Amendments: In accordance with the provisions of

Tagged Interests: ordinance, development, Development, and UDO

Section 2.8 Zoning Atlas and Unified Development Ordinance Amendments of the Unified Development Ordinance, the Planning Director has initiated

amendments to the Unified Development Ordinance (UDO) pertaining to the West Fork on the Eno reservoir to address concerns over reservoir setbacks. The following Section of the UDO is proposed for amendment:
Tagged Interests: planning, ordinance, development, zoning, Development, and UDO

4.2.2 Applicability (Watershed Protection section)

Tagged Interests: watershed

The amendments are necessary to address current inconsistencies within the UDO relating to the definition of what constitutes existing lots and/or

existing development with respect to compliance with applicable reservoir setbacks.
Tagged Interests: development, Development, compliance, and UDO

The Orange County Planning Board, at its February 5, 2020 regular meeting, voted unanimously to recommend approval of the proposed text amendments.

Agenda materials from this meeting, including the recommended amendment language, can be viewed at: http://orangecountync.gov/AgendaCenter/ViewFile/Agenda/_02052020-966
Tagged Interests: planning and materials

Purpose: To review the item and receive public comment on the proposed amendments.

Substantial changes in items presented at the public hearing may be made following the receipt of comments made at the public hearing. Accommodations

for individuals with physical disabilities can be provided if the request is made to the Planning Director at least 48 hours prior to the Public Hearing by calling one of the phone numbers below. The full text of the public hearing items may be obtained no later than March 6, 2020 on the County website www.orangecountync.gov at the County Commissioners Agendas link.
Tagged Interests: planning and hearing

Information will also be available from the Orange County Planning Department (contact information below) no later than February 28, 2020.

Tagged Interests: planning

Questions regarding the proposals may be directed to the Orange County Planning Department located on the second floor of the County Office Building

at 131 West Margaret Lane, Suite 201, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call (919) 245-2575 or 245-2585 and you will be directed to a staff member who will answer your questions or you may e-mail questions to planningdept@orangecountync.gov.
Tagged Interests: Homebuilder and planning

PUBLISH: The Herald Sun News of Orange February 26, 2020 February 26, 2020 March 4, 2020 March 4, 2020

Attachment 4

13

STATEMENT OF APPROVAL AND CONSISTENCY

OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN

Tagged Interests: ordinance, strategic, development, Development, and UDO

Orange County has initiated an amendment to the Unified Development Ordinance (UDO) establishing the effective date for the expansion of the West

Fork on the Eno reservoir when determining required reservoir setbacks.
Tagged Interests: ordinance, expansion, development, Development, and UDO

The Board of County Commissioners (BOCC) hereby approves the proposed text amendment and finds:

a. The requirements of Section 2.8 of the UDO have been deemed complete; and, b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section

153A-341 of the
Tagged Interests: UDO

North Carolina General Statutes, the Board finds sufficient documentation within the record denoting that the amendment is consistent with the

adopted 2030 Comprehensive Plan.
Tagged Interests: strategic

1. The amendment is consistent with applicable plans because it supports the following 2030 Comprehensive Plan goals and objectives:

Tagged Interests: strategic, information technology, and Information Technology

Land Use Goal 4 - Land development regulations, guidelines, techniques and/or incentives that promote the integrated achievement of all.

Tagged Interests: regulation, development, Development, and incentive

These amendments are consistent with this goal and objective by establishment of the effective date for the expansion of the West Fork on the Eno

reservoir when determining required reservoir setbacks thereby ensuring consistent application of development regulations.
Tagged Interests: regulation, expansion, development, and Development

Land Use Goal 6 A land use planning process that is transparent, fair, open, efficient, and responsive.

Tagged Interests: planning

These amendments are consistent with this goal and objective by eliminating confusion with respect to the enforcement of setbacks from the West Fork

on the Eno reservoir thereby ensuring transparency in the development review process.
Tagged Interests: development and Development

c. The amendment is reasonable and in the public interest because it: 1. Ensures legal sufficiency by formally establishing what constitutes existing

Tagged Interests: legal