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06-02-2025 Agenda Packet BOCPERSON COUNTY BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 304 South Morgan Street, Room 215 Roxboro, NC 27573-5245 336-597-1720 Fax 336-599-1609 June 2, 2025 6:00 p.m. This meeting will convene in the Auditorium of the County Office Building. 1.CALL TO ORDER....................................................................Chairman Puryear 2. INVOCATION 3.PLEDGE OF ALLEGIANCE 4.DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA 5.PUBLIC HEARING A.Rezoning/Map Amendment Application RZ-02-24 is for Rhetson Companies to rezone a newly created ±3-acre Subject Property from a G-I (General Industrial) to B-1 (Highway Commercial) zoning designation.................................Margaret Hauth B. FY 2025-2026 Budget Public Hearing.................................... Chairman Puryear 6.INFORMAL COMMENTS The Person County Board of Commissioners established a 10-minute segment which is open for informal comments and/or questions from citizens of this county on issues, other than those issues for which a public hearing has been scheduled. The time will be divided equally among those wishing to comment. It is requested that any person who wishes to address the Board, register with the Clerk to the Board prior to the meeting. 7.DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A.Minutes May 19, 2025 B.Budget Amendment #22 1 8.NEW BUSINESS A.Appointment of New Commissioner B.Options for Next Steps Related to the Unified Development Ordinance 9.CHAIRMAN’S REPORT 10.MANAGER’S REPORT 11.COMMISSIONERS’ REPORTS/COMMENTS 12.CLOSED SESSION A.Closed Session #1 per General Statute 143-318(a)(3) for the purpose to consult with the county attorney in order to preserve the attorney-client privilege and General Statute 143-318(a)(1) to prevent the disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, Assistant County Manager/Consolidated Human Services Director Brian Hart and County Attorney T.C. Morphis, Jr. Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the Board. 2 AGENDA ABSTRACT Meeting Date: June 2, 2025 Agenda Title: Rezoning/Map Amendment Application RZ-02-24 is for Rhetson Companies to rezone a newly created ±3-acre Subject Property from a G-I (General Industrial) to B-1 (Highway Commercial) zoning designation Summary of Information: Rezoning/Map Amendment Application RZ-02-24 is a request by the Applicant, Rhetson Companies, to rezone a newly created ±3-acre Subject Property, from a G-I (General Industrial) to B-1 (Highway Commercial) zoning designation. The 44.41 parent tract is owned by Newell & Sons, Inc. and the county has been provided a copy of the offer to purchase agreement for the relevant land. The Subject Property does not yet have an address but is a part of Tax Map 64 3. The property is located between Boston Road and the railroad near Tonker Dr. and Woodsdale Rd. Financial Impact: n/a Recommended Action: The Planning Board held a public hearing on this application at the May 8 meeting. The owner and applicant were both present and spoke in favor of the request. With a 4-2 vote, the Planning Board recommended approval of the rezoning and found it consistent with the adopted Person County & City of Roxboro Joint Comprehensive Land Use Plan, specifically guiding principle 2.1: Designate Sufficient Developable Land and Sites to Support Economic Growth. The application, exhibits, site drawing, and draft ordinance amending the Zoning Map are all attachments for this item. Submitted By: Margaret A. Hauth, Interim Planning Director 3 PERSON COUNTY PLANNING & ZONING DEPARTMENT STAFF REPORT Rezoning/Map Amendment Application RZ-02-24 is for Rhetson Companies to rezone a to-be-created ±3- acre Subject Property from a G-I (General Industrial) to B-1 (Highway Commercial) zoning designation. Request Rezoning/Map Amendment Application RZ-02-24 is a request by the Applicant, Rhetson Companies, to rezone a to-be-created ±3-acre Subject Property, from a G-I (General Industrial) to B-1 (Highway Commercial) zoning designation. The 44.41 parent tract is owned by Newell & Sons, Inc. and the county has been provided a copy of the offer to purchase agreement for the relevant land. The Subject Property does not yet have an address but is a part of Tax Map 64 3. The property is located between Boston Road and the railroad near Tonker Dr. and Woodsdale Rd. A scale drawing of the proposed lot is attached as Exhibit D. A representation of this lot is shown on Exhibits A-C with a blue line inside the parent parcel boundary (see Exhibit A: Aerial Photo). The parent tract is zoned General Industrial and even mix of woods and grassland. The tract is crossed by overhead powerlines in the vicinity of Woodsdale Rd. The east boundary is the rail line. No further plans have been submitted for the ±41.41 acres that are not part of this request. Existing Land Use & Land Use Compatibility The existing land use for the Subject Property is vacant. The existing land uses are consistent and compatible with adjacent land uses, as follows: •North – vacant and residential. •East – railroad and vacant. •South – vacant and residential. •West – vacant and residential. The 44.41-acre parent tract, while zoned General Industrial, is wholly surrounded by Residential zoning with a few commercial sites nearby in both Roxboro City Limits and the county. Comprehensive Plan & Zoning Consistency Person County Planning Ordinance Section 152, Zoning Permits, as well as, North Carolina General Statues (NCGS) § 160D-604 & § 160D-605 requires plan consistency and a recommendation from the Planning Board and the Board of Commissioners. Zoning amendment review shall also follow specific criteria, as listed in NCGS Article 7, § 160-701, as follows: Article 7. Zoning Regulation. § 160D-701. Purposes. Zoning regulations shall be made in accordance with a comprehensive plan and shall be designed to promote the public health, safety, and general welfare. To that end, the regulations may address, among other things, the following public purposes: to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to lessen congestion in the streets; to secure safety from fire, panic, and dangers; to facilitate the efficient and adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and to promote the health, safety, morals, or general welfare of the community. The regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar 4 suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the local government's planning and development regulation jurisdiction. The regulations may not include, as a basis for denying a zoning or rezoning request from a school, the level of service of a road facility or facilities abutting the school or proximately located to the school (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), & (d).) Exhibit E contains the Permitted Use Table from the Planning Ordinance to help compare the uses currently allowed on site (GI) with those that would be allowed if the rezoning is approved (B1). This is a legislative decision, so all the uses listed in the Permitted Use Table must be considered as potential uses for the site. No conditions or limitations for particular uses or categories of use can be added with a legislative rezoning application. The Person County & City of Roxboro Joint Comprehensive Land Use Plan (Comp Plan) includes the following Guiding Principles, with relation to this rezoning request (listed in italics): Guiding Principle No. 2 – Facilitating Sustainable Economic Growth •Guiding Principle No. 2.1 – Designate sufficient developable land and sites to support economic growth. The site does appear to have access to water service from the city of Roxboro although gravity sewer is not immediately available. Commercial zoning that allows retail and services uses may be more consistent with the surrounding residential development that an industrial user. This site is highly visible and has significant frontage on Boston Rd. Further, it is in close proximity to the Roxboro city limits. •Guiding Principle No 2.2 - 2. Identify opportunities for the adaptive reuse of legacy manufacturing / industrial sites. The site is presently zoned General Industrial but is not designated as Industrial in the Future Land Use Map. That implies some other purpose for the property is desirable. This site is highly visible and has significant frontage on Boston Rd. Further, it is in close proximity to the Roxboro city limits. This application only impacts 3 of the 44.41 acres. This site is designated Rural in the Future Land Use Plan: The Rural future land use category is intended to promote the protection of agricultural lands and natural resources while allowing low density residential development (minimum lot size of one acre). Cluster or conservation subdivisions, which permit higher density residential development while setting aside land for preservation should also be permitted in Rural areas. The Rural future land use category should permit neighborhood-scale commercial development at, and within 1,000 feet of, major intersections (examples include Timberlake, Olive Hill, Hurdle Mills, etc.). Development regulations should limit floor area of retail and similar uses in these rural commercial nodes. Agricultural and agricultural-support uses, along with other typical rural commercial enterprises should be permitted throughout these areas, without limitation. State law allows for the possibility that a rezoning request may meet the intent of a community’s comprehensive plan while not necessarily meeting the adopted text or map. This is part of the purpose behind the consistency statement. It gives the advisory and elected boards the opportunity to document the consistency with the intent and legally approve a request. It is often advisable to follow-up such an action with a plan amendment. Planning Staff Analysis & Recommendation A site plan will need to be approved prior to any construction. Part of that review will verify that the lot created matches the information provided in support of this application. 5 If the Board of Commissioners find they want to approve the Rezoning/Map Amendment Application RZ- 02-24, the Board can include a written Statement of Reasonableness and Plan Consistency in a single- statement potential motion, as follows: “I hereby move to approve the ordinance amending the Official Zoning Map of Person to rezone the ±3-acre Subject Property on Boston Road from a G-I (General Industrial) to B-1 (Highway Commercial) zoning designation as requested by the Rhetson Companies, and find it is consistent with the adopted Person County & City of Roxboro Joint Comprehensive Land Use Plan” guiding principle 2.1: Designate Sufficient Developable Land and Sites to Support Economic Growth.” A draft amending ordinance is attached as Exhibit G. Planning Board Recommendation The Planning Board held a public hearing on this application at the May 8 meeting. The owner and applicant were both present and spoke in favor of the request. Member Lynch made a motion to approve Application RZ-02-24 and find it is consistent with the adopted Person County & City of Roxboro Joint Comprehensive Land Use Plan because according to guiding principle 2.1: Designate Sufficient Developable Land and Sites to Support Economic Growth. This parcel is in an area with several B-1 type activities, which feels reasonably consistent with Principle 2.1. It may provide jobs and convenience to residents in the area. Vice Chair Allen seconded. The Board voted and passed 4:2. Member Maybee explained her No vote by saying the application was incomplete and not consistent with the Land Use Plan since the zoning had been in place prior to the plan’s adoption. Chair George explained her No vote was due to the application being incomplete, not due to any merits of the request. Staff note to explain vote details: Due to recent staffing changes, the scale drawing provided by the applicant was not provided to the Planning Board in their packet and was not available for immediate review during the meeting. The members discussed whether the application was actually complete. Ms. Hauth researched the records after the meeting and confirmed the drawing had been submitted prior to the deadline and the application was complete. Attachments: Exhibit A – Aerial Photo Exhibit B – Future Land Use Map Exhibit C - Zoning Map (Existing) Exhibit D – Site Map Exhibit E - Permitted Use Table Exhibit F – Application Exhibit G – Draft Amending Ordinance 6 7 8 9 20' BUFFERYARD 40' SETBACK 20' BUFFERYARD25' SETBACKBOSTON RD25' SETBACK20' BUFFERYARDTONKER DR POTENTIAL SEPTIC TANK AREAPROP COMMERCIAL RETAIL STORE PROTOTYPE C 156'80'9'18'36'9'9' 18'36'18' APPROX LOCATION OF 30' ZONE 1 BUFFER APPROX LOCATION OF 20' ZONE 2 BUFFER APPROXIMATE LOCATION OF STREAM PER AERIAL 13 6 17 20' BUFFERYARD 42' 1"=200' 050100200C:\PROGRAMDATA\_BOHLER\C3D2024\TEMP\ACPUBLISH_17912\UNSAVED DRAWING1----->LAYOUT: OVERALLPROPOSED COMMERCIAL RETAIL STORE ROXBORO, NC 27573 08/13/2024 | DW | NCB240142 NCBELS P-1132 4130 PARKLAKE AVENUE, SUITE 200 RALEIGH, NC 27612 Phone: (919) 578-9000 NC@BohlerEng.com OVERALL SITE PLAN LOCATION: ROXBORO, NC 27573 NOTE: THIS LAYOUT IS BASED UPON COUNTY GIS INFORMATION AND AERIAL PHOTOGRAPH. ALL DIMENSIONAL INFORMATION SHOWN HEREIN IS APPROXIMATE ONLY. PROP. VARIETY STORE DEVELOPER DESIGNER DATE TYPE: 10,640 SF PROTOTYPE C COMPANY: RHETSON COMPANIES, INC COMPANY: BOHLER ENGINEERING NC 8/26/2024 PARKING STALLS: 36 NAME: GREG STEWART NAME: RYAN GALLAGHER PROPOSED PARCEL SIZE: ± 2.96 AC. PHONE #: 910-944-0881 PHONE #: 919-578-9000 Exhibit D: Site Map 10 116 APPENDIX C TABLE OF PERMITTED USES (Amended: 5/18/92; 11/17/92; 4/4/94; 7/11/94; 2/19/96; 6/3/96; 7/8/96; 5/5/97; 12/6/99; 5/4/2001; 12/1/2003; 6/6/2005; 11/1/2004; 11/19/2007; 11/3/2008; 12/1/2008; 4/20/2015; 9/6/2016; 10/2/17; 10/5/20, 11/16/20; 5/3/21) Districts in which particular uses are permitted as a Use-By-Right are indicated by "X". Districts in which particular uses are permitted as a Use-By-Right with certain conditions are indicated by "X" with a reference to a footnote to this Table. District in which particular uses are permitted as a special use upon approval of the Board of Commissioners are indicated by "S". See Section 153 for details in obtaining a Special Use Permit. PRINCIPAL USES ZONING DISTRICTS R B-2 B-1 GI RC Accessory Building X X X X X Accessory Uses Incidental To Any Permitted Use (*See Note 1) X X X X Adoption Services X X Advertising Agencies X X X AGRICULTURAL OR FARM USE EXEMPT FROM PLANNING ORDINANCE Aircraft Equipment, Parts and Supplies (*See Note 5)X X* X Airline Ticket Agency (*See Note 5)X X X* X Airport Operations (*Note 5 and Sections 90 & 91) S S S X* S Airstrips, (Private) /Heliport Without Commercial Activity (*See Note 8) (Added 5/7/01) X* X* X* X* X* Alcoholic Beverages Packaged, Retail Sale X X X Ambulance Service or Rescue Service S X X S X Amusement Parks S X Animal Medical Care (Including Kennel Operations) X X X Antique Shops S X X X Apparel And Accessory Sales X X X Appliance (Major) Sales and Repair X X X Appliance (Small) Sales and Repair X X X Art and Craft Supplies X X X Art Gallery X X X Auction Sales (Excluding livestock auctioning) S X X Automobile Off-Street Parking, (Commercial)X X X X Automobile Parts and Accessory Sales X X X Automobile Rentals and Leasing (*See Note 5) X X X* X Exhibit E 11 117 PRINCIPAL USES ZONING DISTRICTS R B-2 B-1 GI RC Automobile Repair and/or Body Work (Excluding commercial wrecking, dismanteling, or storage of junk vehicles) Amended 12/01/2008 X S Automobile Sales, New and Used S X X Automobile Service Station Operations X X X Bank, Savings and Loan Company and Other Financial Activities X X S X Barber or Beauty College Instruction X X X Barbering and Hair Dressing Services X X X Bed and Breakfast Inns, Boarding and Rooming Houses, and Tourist Homes S X X Bicycle Sales and Repair X X X Blacksmith X X Boats and Accessories, Retail Sales and Service S X X Books and Printed Matter, Distribution X X Book Stores X X X Bowling Alley X X X Brewery (Added 10/2/17)S S Bridal Shops X X Builders Supply X X Bus Repair and Storage Terminal Activities (Amended 12/1/2008) X S Bus Station Activities (*See Note 5) S X X* X Camper/Recreational Park (Amended 8/2/2010) (See Section 155-2)S S S S Carpet and Rug Cleaning X X X Carwash X X X Catalog Sales X X X Catering X X X Cellular Telephone Sales and Services X X X Cemeteries - Church or Family X X X S X Cemeteries – Commercial S S S X Chemical Retail Sales X X Church, Temples, Synagogues X X X X X Clinic Services, Medical and Dental S X X S X Club or Lodge S S S X Commercial Modular Building (Adopted 5/5/97) X X X 12 118 PRINCIPAL USES ZONING DISTRICTS R B-2 B-1 GI RC Construction, Trades (*Building, heating, electrical, plumbing, fire sprinkler and others) (Excluding outside storage of equipment or supplies) (Amended 11/19/2007) S X X X Construction, Trades (With outside storage of equipment or supplies)X X Contractor, General (Excluding outside storage of equipment or supplies) X X X Contractor, General (With Outside Storage of Equipment or Supplies)X X Convenience Stores S X X X County Governmental Facility (Adopted 2/3/97) S X X X Curio and Souvenir Sales X X X Day Care Center S X X X X Distillery (Added 10/2/17)S S Dry Cleaning and Laundry X X X Dwelling, Single-Family X X X X Dwelling, Two-Family and Garage Apartments X X X X Dwelling, Multiple-Family (See Section 80)S S S X Eating and Drinking Facilities (Amended 12/1/2008) X X S Electrical / Electronic Equipment and Supply Sales X X X Employment Agencies X X X Equipment Rental (Amended 11/16/20) X X X X Event Center (Amended 09/09/2019)S X X X X Exterminating Service X X X Family Care Home X X X X Farm Machinery Sales and Servicing S X X Farm Supplies Merchandising (Excluding Farm Machinery) X X X Fire Station And Law Enforcement Operations S X X X X Floor Covering Sales X X X Flower Shop X X X Funeral Home S X X X Furniture Retail Sales X X X Game and Sports Facilities (Amended 5-18-92) S S Glass Sales and Installation X X X Golf Courses S X X X Grocery Retail X X X Grocery, Wholesale X X Group Home for Developmentally Disabled Adults X X X X 13 119 PRINCIPAL USES ZONING DISTRICTS R B-2 B-1 GI RC Gunsmith X X X Hardware, Paint and Garden Supply Sales X X X Health Spas, Fitness Center (Amended 2/7/2011) X X X Historical Preservation Commercial Use S X X X Home for the Aged S S X X Home Furnishings And Appliance Sales X X X Hospital or Sanitarium Care (Except for the Insane, Feeble-Minded and Addicted) (Amended 12/1/2008) S X S Industrial, Light (See Appendix C Note 2) (Amended 11/16/20)S X X X Industrial, Heavy (See Appendix C, Note 2) (Amended 11/16/20)S X Insurance Agencies X X X Interior Decorator X X X Janitorial Service X X X Jewelers X X X Karate and Other Martial Arts Instruction X X X Kennel Operations, Care S X X Landscape Contractor X X X Library S X X X Livestock Sales and Auctions (Amended 12/1/2008) S S Locksmith X X X Manufactured Home for Temporary Dwelling During Construction of Permanent Dwelling (Adopted 5/5/97)See Note 7 Manufactured Home (Individual) for Residential Occupancy - Class B (Rev. 5/5/97) See Note 3 Manufactured Home (Individual) for Residential Occupancy - Class A (Rev. 5/5/97) See Note 6 Manufactured Home Supplies and Equipment Sales S X X Manufactured Homes Under the Hardship Class A and B See Note 4 Marinas X X X Mobile Home Park but Excluding Any Mobile Home Sales (Amended 11-17-92, 7/11/94) S S S S Mobile Home Sales and Service X X Modular Homes (Amended 11-17-92)X X X X Monument Sales X X X Motel, Hotel or Motor Court Operations X X Movies, Video Sales and Rentals X X X 14 120 PRINCIPAL USES ZONING DISTRICTS R B-2 B-1 GI RC Moving and Storage Operations (Amended 12/1/2008)X S S Musical Instrument Sales X X X Newsstand Sales X X X Nonhazardous, Non-Toxic Solid Waste Disposal (Adopted 5/18/92) S S S S S Nursery Operation (Plant) - Agricultural X X X X Nursing Home S S X X Office and Professional Office (Adopted 12/6/99)S X X X X Office Supplies and Equipment Sales and Service X X X Painting Contractors X X X Paving Contractors (Amended 12/1/2008)S Pawn Shop X X X Pet Sales, Excluding Kennel Activities or Outside Storage of Animals X X X Pharmaceutical Sales, Retail X X X Photography, Commercial X X X Planned Building Group (See Article Viii, Section 80) (Added 12/1/03) S X X S Post Office X X X X Private Recreation Club Or Swimming Club Activities Not Operated As A Business Or Profit (Amended 12/1/2008)S S S S S Private Recreation Facilities For Profit (Amended 5/18/92, 7/8/96) S S S S S Public Recreations (Such as Community Center Buildings, Parks, Museums, Playgrounds, and Similar Facilities Operated on a Nonprofit Basis) S X X X Public Utility Station, Bulk Station or Substations (Amended 12/1/2008) S S S S S Radio or Television Studio Activities Only X X Radio, Telephone and TV Transmitting Tower (See Note 9 and Article VII & IX) (Amended 11/6/95)S X X X S Railroad Station Operations (Amended 12/1/2008) S S S Railroad Yard Operations S X Real Estate Agencies X X X Reception Centers for Recycling S X X Reducing Salon Care X X X Rest Home S S X X Retailing or Servicing Operations S X X Salvage Operation/Junkyard - Commercial S S Second Hand and Swap Shop Sales X X X 15 121 PRINCIPAL USES ZONING DISTRICTS R B-2 B-1 GI RC School, Private or Public (Elementary, Secondary, or Higher Level) (Amended 12/1/2008)S S X X S Solar Energy Systems (Added 10/2/17; Deleted 10/5/20) See Person County Solar Energy System Ordinance Sport Shops X X X Stables, Horse (Amended 4/4/94)X S X Stereophonic and High Fidelity Equipment and Supply Sales X X X STORAGE, HAZARDOUS, TOXIC AND RADIOACTIVE WASTE NOT PERMITTED IN ANY DISTRICT Storage, Household and Commercial S X X Storage, Open (Amended 5-4-01) S S S Tanning Salons X X X Taxicab Stand Operations (*See Note 5) X X X* X Teaching of Art, Music, Dance, Dramatics, or Other Fine Arts S X X X Temporary Construction Building (Amended 6/6/2005)X X X X X Theater Productions S X X X Tire Recapping X X Tire Sales Centers X X X Tobacco Sales X X X Travel Agencies (*See Note 5) X X X* X Truck Stop X Truck Terminal Activities Repair and Hauling and/or Storage X Variety, Gift and Hobby Supply Sales X X X X Winery (Added 11/1/2004)S X 16 Exhibit F: Application 17 18 AN ORDINANCE AMENDING THE PERSON COUNTY OFFICIAL ZONING MAP FOR ZONING AMENDMENT APPLICATION RZ-02-24 WHEREAS, Person County received a verified and complete Zoning/Map Amendment Application from the Applicant, Rhetson Companies, and the Property Owners, Newell and Sons, Inc, to rezone ±3-acres of land, which is a portion of Tax Map No. 64-3, in Person County. The Applicant petitioned to change the zoning designation on the Subject Property from General Industrial (GI) to Highway Commercial (B1) (hereafter “Zoning Map Amendment RZ-02-24”); and WHEREAS, the Person County Board of Commissioners, voted ________ to adopt Zoning Map Amendment RZ-02-24 amending and updating the Person County Official Zoning Map from General Industrial (GI) to Highway Commercial (B1); and WHEREAS, the Person County Board of Commissioners finds that the proposed zoning/text amendment is consistent with the Person County & City of Roxboro Joint Comprehensive Land Use Plan; and WHEREAS, the Person County Board of Commissioners, of the State of North Carolina, finds that the proposed rezoning is reasonable and in the public interest through Guiding Principle No. 2.1 – Designate sufficient developable land and sites to support economic growth. NOW THEREFORE, BE IT ORDAINED BY THE PERSON COUNTY BOARD OF COMMISSIONERS THE FOLLOWING: Section 1. Applicability. Zoning Amendment Application RZ-02-24 is hereby adopted and approved by the Person County Board of Commissioners, of the State of North Carolina, and the Person County Official Zoning Map is amended accordingly. Section 2. Conflicts and Severability. All provisions of any County Ordinance or Resolution that are in conflict with this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall become immediately effective upon adoption. The foregoing Ordinance, having been submitted to a vote, and received the following vote, was duly adopted this 2nd day of June 2025. Kyle Puryear, Chairman of the Board of Commissioners Attest: [SEAL] Michele Solomon, Clerk to Board of Commissioners 19 Rhetson Rezoning ±3 ACRES BOSTON ROAD RZ-02-24 20 Rhetson Rezoning (RZ-02-24) Exhibit D: Site Map 21 Rhetson Rezoning (RZ-02-24) Exhibit A: Aerial Photo 22 Rhetson Rezoning (RZ-02-24) Exhibit B: Future Land Use Map 23 Rhetson Rezoning (RZ-02-24) Exhibit C: Zoning Map 24 Rhetson Rezoning (RZ-02-24) Planning Board Action & Potential Motion May 8 Planning Board meeting Motion: Approve the ordinance amending the Official Zoning Map of Person to rezone the ±3-acre Subject Property on Boston Road from a G-I (General Industrial)to B-1 (Highway Commercial)zoning designation as requested by the Rhetson Companies,and find it is consistent with the adopted Person County &City of Roxboro Joint Comprehensive Land Use Plan” guiding principle 2.1:Designate Sufficient Developable Land and Sites to Support Economic Growth . Vote : 4-2 25 Rhetson Rezoning (RZ-02-24) Thank You 26 AGENDA ABSTRACT Meeting Date: June 2, 2025 Agenda Title: FY26 Budget Public Hearing Summary of Information: In accordance with N. C. General Statute 159-12(b), the Person County Board of Commissioners will conduct a Budget Public Hearing on Monday, June 2, 2025, at 6 p.m. The Budget Public Hearing will be held in the Auditorium of the Person County Office Building. Citizens will have an opportunity to address the Board of Commissioners concerning the recommended budget. The recommended budget may be viewed online at www.personcountync.gov. Hard copies are located in the Clerk’s Office and the Library. Financial Impact: None associated with conducting the public hearing. Recommended Action: Conduct the public hearing. Submitted By: Kyle Puryear, Chairman 27 NOTICE OF BUDGET PUBLIC HEARING PERSON COUNTY BOARD OF COMMISSIONERS Official notice is hereby given that the Fiscal Year 2025-2026 Budget for Person County has been presented to the Board of Commissioners by the County Manager, and is available for public inspection in the Office of the Clerk to the Board of Commissioners in Room 212 of the Person County Office Building, from 8:30 a.m. until 5:00 p.m. Monday through Friday, at the Public Library during operating hours, and on Person County’s website, www.personcountync.gov. In accordance with N. C. General Statute 159-12(b), the Person County Board of Commissioners will conduct a Budget Public Hearing on Monday, June 2, 2025, at 6:00 p.m. The Budget Public Hearing will be held in the Person County Office Building Auditorium, located at 304 S. Morgan Street, Roxboro, NC. Citizens will have an opportunity to address the Board of Commissioners concerning the recommended budget. Michele Solomon Clerk to the Board 28 May 19, 2025 1 PERSON COUNTY BOARD OF COMMISSIONERS May 19, 2025 MEMBERS PRESENT OTHERS PRESENT Kyle Puryear Katherine M. Cathey, County Manager Jason Thomas Michele Solomon, Clerk to the Board Sherry Wilborn T.C. Morphis, Jr., County Attorney Antoinetta Royster The Board of Commissioners for the County of Person, North Carolina, met in Regular session on Monday, May 19, 2025 at 9:00 a.m. in the Commissioners’ Boardroom 215 in the Person County Office Building located at 304 S. Morgan Street, Roxboro, NC. Chairman Puryear called the meeting to order. Vice-Chairman Thomas offered an invocation, and Commissioner Wilborn led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Vice-Chairman Thomas and carried 4-0 to approve the agenda. FOSTER CARE MONTH PROCLAMATION Social Services Director Carlton Paylor read a Proclamation Recognizing May as Foster Care Month. A motion was made by Commissioner Royster and carried 4-0 to adopt a Proclamation Recognizing May as Foster Care Month. 29 May 19, 2025 2 30 May 19, 2025 3 INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Reverend Dr. Matt Bowman of 132 Canterbury Road, Roxboro stated that he is a pastor at Roxboro Presbyterian Church. He stated that he comes before the Board to speak of the need for a public swimming pool in Person County. He stated that a public pool would offer many benefits to the residents of Person County. He stated that in addition to providing a safe place for recreation and swimming, a pool would bring jobs and an economic boost to Person County. He stated that currently he and his wife drive to Chapel Hill every Sunday to take their three-year-old son to swim lessons. He stated that while they are there, they often go out to eat and do their weekly grocery shopping. He stated that is money that could be spent in Person County. He stated that all children, regardless of race or class, should have a safe, inclusive, affordable place to swim. He stated that a public pool would not be just a place for children, it would provide all residents of Person County with a place to cool off, exercise, and develop a sense of community. He asked that the splashpad be kept in the 2027 CIP. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Royster and carried 4-0 to approve the Consent Agenda with the following items: A. May 5, 2025 Minutes B. Budget Amendment #21 C. ABC Board Travel Policy D. Hurdle Mills Park Land Donation to the County E. Airport Lease Agreement with Alpha Craft F. Person County Schools Request for Distributions from the NC Education Lottery Public School Building Repair and Renovation Fund NEW BUSINESS: EMPLOYEE BENEFITS UPDATE Human Resources Director Sonya Carver expressed thanks to the Board and introduced Mark Browder with Mark III who presented the following: 31 May 19, 2025 4 ________________________________________________________________________ 32 May 19, 2025 5 33 May 19, 2025 6 34 May 19, 2025 7 35 May 19, 2025 8 There were no questions from the Board for Carver or Browder. No action was taken by the Board, as this was an informational presentation. 36 May 19, 2025 9 MANAGER’S RECOMMENDED BUDGET PRESENTATION North Carolina General Statutes require that on or before June 1 of each year, managers present their recommended budget for the next fiscal year to the Board of Commissioners. County Manager Katherine Cathey provided an overview of the FY 2025-2026 budget through the following presentation. The Board of Commissioners ‘were presented with copies of the budget documentation for review. 37 May 19, 2025 10 38 May 19, 2025 11 39 May 19, 2025 12 40 May 19, 2025 13 41 May 19, 2025 14 42 May 19, 2025 15 43 May 19, 2025 16 44 May 19, 2025 17 45 May 19, 2025 18 46 May 19, 2025 19 47 May 19, 2025 20 48 May 19, 2025 21 49 May 19, 2025 22 50 May 19, 2025 23 Commissioner Wilborn asked if there was any savings to doing the revaluations more frequently so that there is not so much of a sticker shock. She stated that in the past, the County has evaluated based on where the market is as to whether it was needed at all. County Manager Katherine Cathey stated that the process for revaluations would go into the same amount of depth and detail, and would reduce the sticker shock. She stated that the change would be more gradual, and there would probably be less to go back and re- evaluate as the tax office would be catching changes in a timelier manner. She stated that she anticipates that there would be additional expenses associated with the revaluation as the County would either need to contract with a reappraisal firm to conduct the revaluations, as well as having to add more staff to be able to keep up with the workload associated with completing a revaluation each year. Wilborn asked that Tax Administrator Russell Jones present to the Board during a work session to discuss projections for new investments and new construction and what the impact may be. She also indicated the desire to change the County’s Organization Chart to replace the wording of “Citizens’ to “Voters”. She stated that it is a helpful reminder to the Board and staff that while citizen input is valued and important, our government model is that the Board of Commissioners are elected representatives of the body of the public and decisions made by the Board should take into consideration what their platforms were when they ran. She stated that it gives more responsibility to the voters to get to know candidates, and what they represent to be able to cast a vision and move forward instead of having things change based on public comment or social media posts. She stated that she thinks that it would give more awareness and gravity to what the roles of the Commissioners are. She stated that she would also like to see “Advisory Boards” included on the Organization Chart. She stated that the Board needs to be more vigilant when appointing people to the advisory boards, making sure that they understand the vision and mission of the Board, as it does not make any sense for efficient government for the County to have its advisory boards in conflict with the Board of Commissioners’ goals. Chairman Puryear asked the Board if their schedules would accommodate the two planned budget work sessions on June 6 and June 9, 2025 at 9:00 a.m. It was the consensus of the Board to hold the first budget work session on June 6, 2025 at 9:00. a.m. and the second budget work session, if needed, on June 9, 2025 at 9:00 a.m. 51 May 19, 2025 24 STRATEGIC PLAN QUARTERLY REPORT County Manager Katherine Cathey provided an update to the Strategic Plan. She stated that the quarterly report is reporting on progress made through March of 2025. She stated that she highlighted some of the accomplishments during the budget presentation. She stated that she did want to note that within the budget document one of the objectives for GIS in the new fiscal year is to create a tracking platform for the strategic plan. She stated that GIS Director Sallie Vaughan feels like she has the tools to improve the process that the County is currently using and this will enable it to be tracked in real time and available online for the Commissioners and the public to view. Commissioner Wilborn had concerns about a few goals. She stated that Goal 11.1, is to monitor and analyze population growth and demographics changes and structure services to meet changing needs. She stated that she had shared with Cathey a report from Henderson County where they had done an inhouse cost of services analysis. She stated that the person who did that is now working part-time for the NC Association of County Commissioners (NCACC). She stated that she thinks that is valuable for Person County to understand when there is new residential development or existing residential development, and how that will change the cost of services that are being provided, whether it would be an increase to the tax base, or cost money to provide services. She stated that the NCACC may be able to assist with this. Cathey stated that she would look into this. Wilborn mentioned that the Environmental Health Goal was set for four weeks and for the last two quarters it has been six weeks for approvals. She asked Cathey what is causing the delay. Cathey stated that delays are typically related to the weather, and spring rain will often contribute to an increased timeline as well as the number of applications received. She stated that the department is fully staffed in that division and she would obtain more information. Wilborn provided kudos to Inspections for keeping it at seven to ten days. She referenced Goal 3.2, related to the UDO. She stated that it is time for the Board to pick that back up, whether it is through a subcommittee, and she would like that added to the Board’s agenda for the next day meeting, after the budget is adopted. Cathey advised that the interim Planning Director, Margaret Hauth has identified a number of updates that need to be made to the County’s existing ordinances, as there are discrepancies between the General Statutes, and conflicting language between the various ordinances. She stated that Hauth spoke to the Planning Board at their last meeting about initiating some text amendments at the staff level, to be brought before them at their June meeting. She stated that the County is interviewing for a Planning Director, and that she is hopeful that they will identify a permanent person for that position. Chairman Puryear stated that it is essential to have a full-time director in place before the Board tackles the UDO, as there are a lot of moving parts with that plan and he we would like for the Board to get it right. He stated that he agrees with Wilborn on a subcommittee. 52 May 19, 2025 25 PUBLIC RECORDS REQUEST PROCESS Assistant County Manager Brian Hart and Chief Information Officer (CIO) Chris Puryear presented the following presentation in follow-up to the April 21, 2025 meeting. 53 May 19, 2025 26 54 May 19, 2025 27 CIO Puryear stated that there are minimal opportunities for the County to recover costs related to public records request based on General Statutes, unless the requests are overly excessive in requirements for technology resources or require information to be provided in a format that it is not already in. Commissioner Wilborn stated that from the last discussion, staff reports was discussed and the reports do not really reflect what she is trying to get at. She stated that she thinks that the commissioners and staff put this system into place because of what she would call “activist groups” that are trying to weaponize this feature of county government. She stated that the County policy needed to be updated to include being able to charge for clerical and supervisory assistance over four hours. She stated that going forward if the County Attorney could itemize and invoice based on time spent on each request. Puryear stated that that the County may be able to take that information and add it as a note to the request itself for when it does get published to show what the County’s cost was. He stated that while it is not a recoverable cost, it is a cost for that particular request and tie that amount to the request based on that invoice. Wilborn stated that the County could look at waiving that fee if it is a legitimate media outlet as she would not expect them to abuse it. County Manager Katherine Cathey stated that her recollection of the previous discussion, is that the County would look at some other policies and try to touch base with Cleveland County, which Hart has tried extensively, and it has just not worked out, to find out how they are charging as she is not aware of other examples of being able to bill at the level that the Cleveland County Clerk had shared at the Essentials class. She stated that the County has looked at some other policies. She stated that in follow-up to the previous conversation, to make the requests public through the portal, within 24 hours of activating that setting to make requests public, a request came in that shared personal information through the portal. She stated that it was briefly online before Clerk to the Board Michele Solomon caught it and notified Puryear. 55 May 19, 2025 28 Cathey stated that there was a discussion about backtracking on that, taking that setting off so the requests do not get published. She stated that even though there is a disclaimer on the portal that says information is public, do not put personal information in the request form, it happened in less than 24 hours. She stated that she does not think the County is at risk because we had that disclaimer in place and it was only briefly available. She expressed thanks to Solomon and Puryear for their quick action on rectifying this situation. She stated that going forward if the County makes the requests public, then staff would need to review each request to hide or redact personal information that is not public record. She stated that there are some logistical things that the County needs to look at, and the system itself is serving a very valuable purpose for staff in terms of managing the requests. She stated that the County will need to look at the way that they are making things publicly accessible or not through this portal, and if there is a need to go back and revisit the policy as far as charging. She stated that the County has not arrived at a place yet where they have a comfort level with setting a certain threshold for charging. County Attorney T.C. Morphis, Jr. stated that if you submit a public records request, the request itself is a matter of public record. He stated that social security numbers, driver’s licenses, credit card numbers are things that would need to be redacted. He stated that NC law is pretty clear about that. Chairman Puryear stated that since County staff is pursuing contact with Cleveland County, that this item be tabled until that information has been received. It was the consensus of the Board to table this item until further information is obtained from Cleveland County. LOBBYING SERVICES AGREEMENT County Manager Katherine Cathey stated that in the agenda packet is a proposal from Checkmate to provide lobbying services. She stated that this would be geared towards seeking funding at the state level to build a new middle school for Person County Schools. She stated that this is to meet demand with development and a growing population. She stated that the proposal is for a lobbying fee of $10K per month that is to be shared between the County and Person County Schools. She stated that there is currently funding available in this budget for the remainder of this fiscal year. She stated that she has included funding within the Governing Body Contracted Services line item in FY26 for $60K to be used for this purpose if approved by the Board. She stated that if the County moves forward with this agreement, then they may benefit from these services in terms of securing funding that can be used for the school system needs. She stated that the County has traditionally lobbied through staff and its elected officials, and that this course of action may come at the cost of other funding priorities. She stated that the County has been successful in getting funding with the help from state-level officials, through state allocations for important initiatives. 56 May 19, 2025 29 Cathey provided the following project examples: Water and sewer needs within the city that benefit the entire county when those improvements are made, Funding for upfit of the PCC CHATT Building, and Funding for the Airport, as the runway extension project is primarily funded through state funds, and will require additional funds to complete the project. She stated that the Board needs to consider that this becomes the top priority in seeking that state funding and that there could potentially be some trade-offs for those other projects. She stated that the lobbyists would advocate for school funding through the needs-based education lottery funding and state appropriations. She stated that there would be routine check-ins with Checkmate and that they would provide updates on a weekly or bi-weekly basis during the contract. A motion was made by Vice-Chairman Thomas and carried 4-0 to approve the agreement for Lobbying Services with Checkmate. CHAIRMAN’S REPORT Chairman Puryear stated that after speaking with the County Attorney, there is a conflict of interest regarding the upcoming Special Use Permit for the site at Woodsdale and that he will be recusing himself from that public hearing. He stated that the County Attorney is in full agreement with this, and they both feel that it is entirely appropriate. County Attorney T.C. Morphis, Jr. stated that this public hearing was tabled until June 2, 2025, however there has been some discussion about possibly having a special called meeting. He stated that he has spoken with the attorneys for the parties who are involved and it is pretty clear that the Board will need to schedule a special called meeting to allow enough time for that hearing, and to also allow time for the Board vacancy to be filled, therefore allowing the new Commissioner to participate, as there are currently two members of the Board that have already recused themselves. He provided an update to the vacant seat. He stated that Mr. Ellixson resigned on May 5, 2025. He stated that on May 8, 2025 by letter, he reached out to Kathryn Lawrence, the chair of the Person County Republican Party, and notified her of the vacancy. He stated that in the letter he asked them to provide their recommendation, if any, in writing to him. He stated that Lawrence has gotten back with him and advised that her group will do that as soon as they are able. He stated that once he is notified, he will let the Board know. He stated that it is his understanding that the Board will be discussing the vacancy with possible action at their June 2, 2025 meeting. Chairman Puryear stated that he thinks it is essential for the Board to move forward and fill the vacancy, especially with the budget being discussed. He stated it is his recommendation that Morphis reach out one more time to Lawrence, and give the Republican Party a one-week deadline to submit a name. He stated that there are some very important issues coming up and the last thing this County needs is a tie vote, therefore it is prudent to expedite that request. 57 May 19, 2025 30 MANAGER’S REPORT County Manager Katherine Cathey had no report. COMMISSIONER REPORTS/COMMENTS Vice-Chairman Thomas expressed thanks to the County Manager and Finance for putting the budget together and for all their hard work that was put into it. Commissioner Wilborn stated that there were eight from the County that attended the Research Triangle Regional Partnership State of the Region event in Raleigh on May 7, 2025. She stated that it was a great networking opportunity for the County. She stated that she met and had a conversation with Senator Phil Berger. She stated that she attended the Planning Board meeting. She stated that she has been attending the weekly meetings of the Board of E&R, and that they will continue to meet monthly through the end of June. She stated that this past weekend she attended the NC Association of County Commissioners Board meeting, and they provided legislative updates. She stated that there is a proposal to cut funding at the federal level for Medicaid. She stated that they pointed out how significant this is to counties, as NC is one of only eight states that has county- based eligibility. She stated that with eight states affected by this at that level, they recommended to reach out to U.S. Senators Budd and Tillis. She stated that another thing mentioned was that funding for VIPER, which is currently funded through the state, could now be funded through county sales tax. She stated that she has reached out to Representative Ray Jeffers. Commissioner Royster stated that on May 2, 2025 she was honored to participate in the opening ceremonies at the Special Olympics. She stated that it was very exciting. She stated that there are quite a few people hurting in our community right now over some recent violent events that happened. She stated that she has received calls and messages related to this. She stated that you cannot put blame on one person in the community when something happens. She stated a young man was killed, and it is not a blame game. She stated that we all have a responsibility to make sure that our communities are safe. She stated that training starts at home, and she understands that every home is not the same. She stated that it is going to take everyone to come together to address the needs and support the community, as we all are here in Person County. She stated that her heart and prayers go out to every family that is hurting, not just from this incident, but also from past incidents. She stated that she prays for this County every day and encourages others to do the same. 58 May 19, 2025 31 A motion was made by Commissioner Wilborn and carried 4-0 to enter into Closed Session at 10:45a.m. CLOSED SESSION A motion to enter into Closed Session per General Statute 143-318.11(a)(4) for the purpose of discussion of matters relating to the location or expansion of industries or other businesses in the county (economic development) with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney T.C. Morphis, Jr., and Economic Development Director Brandy Lynch. Chairman Puryear called the closed session to order at 10:47 a.m. A motion was made by Commissioner Wilborn and carried 4-0 to return to open session at 11:15 a.m. ADJOURNMENT: A motion was made by Commissioner Royster and carried 4-0 to adjourn the meeting at 11:16 a.m. ____________________________ ______________________________ Michele Solomon Kyle Puryear Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 59 6/2/2025 Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government 26,015 Public Safety 82,828 Culture & Recreation 7,057 Human Services 14,777 Contingency (23,015) REVENUES General Fund Charges for Services 23,419 Other Taxes 3,000 Intergovernmental Revenues 77,777 Other Revenues 3,466 EXPENDITURES Capital Investment Reserve Fund School Lottery Expense (413,000) REVENUES Capital Investment Reserve Fund School Lottery Proceeds (413,000) EXPENDITURES Airport Construction Capital Project Fund 213,879 REVENUES Airport Construction Capital Project Fund Interest Earnings 47,212 Federal Grant 150,000 Local Funding 16,667 EXPENDITURES 2023 LOBs Project Fund 313,000 REVENUES 2023 LOBs Project Fund Interest Earnings 313,000 Explanation: BUDGET AMENDMENT #22 Recognizing insurance claims for vehicle damages in the Sheriff's Office ($3,466) to fund vehicle repairs; transferring ($23,015) from Contingency-Unemployment Tax to Human Resources to cover unemployment tax payments to the state; recognizing additional Excise Tax ($3,000) to support the purchase of a recording station printer ($2,500) and supplies ($500) in the Register of Deeds Office; recognizing excess Detention Center revenues ($16,362) from inmate telephone, jail fees, and commissary to support contracted services; accepting the 2024 Emergency Management Capacity Building Grant ($63,000) to fund specialized supplies and services for Emergency Management; recognizing additional Kirby program fees ($7,057) to support part-time salaries and contracted services for camps and classes; receiving grants in the Health Fund ($14,777) to support Child Health ($824) and Environmental Health ($6,453) programs, and State Aid to Counties ($7,500) for public health contracted services; reducing Public School Lottery funds (-$413,000) due to re-categorization of Person County School projects as non-lottery eligible; recognizing Interest Earnings ($47,212) and 2024 FAA Non-Primary Entitlement Grant ($166,667) in the Airport Construction Fund to support taxiway improvements; recognizing Interest Earnings ($313,000) in the 2023 Limited Obligation Fund to support Person High School classroom construction. 60 Account Number Account Description $Revenues incr. (decr.) (cr.) dr. $Expenditures incr. (decr.) dr. (cr.) 100-389890 Misc Revs: Insurance Proceeds 3,466 1004310-435300 Sheriff: Maint & Repair/Vehicles 3,466 1009910-499400 Contingency: Unemployment Tax (23,015) 1004122-445200 Human Resources: Unemp Tax to State 23,015 100-315000 Reg of Deeds Excise Tax 3,000 1004180-420000 Reg of Deeds: Supplies & Operating 500 1004180-446000 Reg of Deeds: Cap Out $750-$4999 2,500 10025-334411 Gen Fund: Inmate Telephone 556 10025-334441 Gen Fund: Jail Fees 9,236 10025-334480 Gen Fund: Jail Commissary 6,570 1004320-430000 Detention: Contracted Services 16,362 10025-334540 Emergency Management-CBCG Grant 2024 63,000 1004330-426080 Emergency Management-Spec Supp/Serv-CBCG Grant 2024 63,000 10055-361412 Gen Fund: Rec Fees/Kirby & Arts 2,147 1006122-412600 Kirby: PT Sal & Wages 2,147 10055-361415 Gen Fund: Kirby Fees-Camps/Classes 4,910 1006122-430005 Kirby: Contract Services/camps 4,910 12050-371330 Health Fund: Child Health Grant 824 1205110-420000 Pub Health: Supplies & Operating 150 1205110-430000 Pub Health: Contracted Services 674 12050-372330 Enviro Health Grant 6,453 1205180-412000 Env Health: Salary & Wages 5,000 1205180-420000 Env Health: Supplies & Operating 1,453 12050-366330 State Aid to Counties 7,500 1205110-430000 Pub Health: Contracted Services 7,500 21060-359130 CIF Fund: School Lottery Proceeds (413,000) 2105911-462800 CIP Fund: School Lottery Expense (413,000) 40035-381491 Airport Constr Cap Proj Fund: Interest Earnings 47,212 4004530-552360 Airport Constr Cap Proj Fund: OSBM-Airport Grant-2022 47,212 40035-380029 Airport Constr Cap Proj Fund: Federal-FAA NPE-2024 150,000 40035-380229 Airport Constr Cap Proj Fund: Local-FAA NPE-2024 16,667 4004530-551729 Airport Constr Cap Proj Fund: FAA NPE-2024 166,667 43040-381491 2023 LOBs: Interest Earnings 313,000 4305911-568210 2023 LOBs: PHS Construction 313,000 Totals 221,541 221,541 BUDGET ADJUSTMENT DETAIL 61 AGENDA ABSTRACT Meeting Date: June 2, 2025 Agenda Title: Appointment of New Commissioner Summary of Information: On May 5, 2025, the Board of Commissioners voted to declare a vacancy on the Person County Board of Commissioners due to the resignation of former commissioner Tracy Ellixson. Per N.C. Gen. Stat. § 153A-27, the remaining members of the board shall appoint a qualified person to fill the vacancy. Financial Impact: None. Recommended Action: Appoint a qualified person to fill the vacancy. Submitted By: Kyle Puryear, Chairman 62 AGENDA ABSTRACT Meeting Date: June 2, 2025 Agenda Title: Options for Next Steps Related to the Unified Development Ordinance Summary of Information: The Interim Planning Director has identified four options for addressing the Board’s priority to adopt a Unified Development Ordinance. The options are details in the attached memo. The Director has also identified three critical areas in need of discussion to provide clarity and amendment language to help ensure the ordinance contains the necessary language to respond to inquiries in a fair, timely, and legal manner. Financial Impact: None Recommended Action: Direction from the Commissioners for their preferred path forward is requested. Submitted By: Margaret A. Hauth, Interim Planning Director 63 MEMORANDUM To: Person County Board of Commissioners Katherine Cathey, Person County Manager From: Margaret A. Hauth, Interim Planning Director Date: May 22, 2025 RE: Options regarding the development regulations in Person County I have been reviewing the various planning ordinances since my arrival in February. I have found a number of conflicts, cross reference errors, and state law reference errors. I expect adoption of the Unified Development Ordinance would have addressed these issues. Since that action doesn’t seem to be immediately forthcoming, I would like to pursue some of this clean-up to keep the county and staff on solid legal footing until the UDO can be revisited. I understand the Commissioners expressed interest in an update in this regard. I had already scheduled this for Planning Board discussion for June 12. This memo breaks the topic into two components: 1) UDO or edits 2) Critical language changes needed There are no fewer than 9 development regulations covering Person County: Planning Ordinance Subdivision Regulations Flood Damage Prevention Ordinance Minimum Construction Standards For Private Roads Mobile Home Park Ordinance Ordinance Regulating Automobile Graveyards and Junkyards Ordinance Regulating Sexually Oriented Businesses Solar Energy System Ordinance Zoning Ordinance to Limit Height of Objects Around Person County Airport Risks of continuing without edits: Easy legal challenges caused by outdated or conflicting language Challenging staff-level interpretations that may not be consistent over time Challenging development environment for applicants due to uncertainty 1) UDO or edits I see four options available to Person County: 1) Adopt the proposed UDO as proposed 2) Identify the primary areas of concern with the proposed UDO and modify the document into an adoptable format 64 3) Consolidate as many freestanding ordinances into the Planning Ordinance as possible and make needed minor corrections along the way 4) Update all the freestanding ordinance to correct cross-refences and conflicts. Consolidation: It would be reasonably easy to consolidate a number of these into the Planning Ordinance. The mobile home parks, junkyards, sexually oriented businesses, and solar energy ordinances all establish detailed requirements for a specific land use. This would ensure that the processes and requirements intended for these uses don’t get overlooked in trying to piece together requirements from two sources. I recommend this option as a reasonable set toward a UDO that addresses some of the risk of the current arrangement. The subdivision regulations, private road standards, flood damage prevention ordinance and possibly the airport ordinance could remain freestanding with little risk. Subdivision has traditionally been handled separately and it may be wise to continue in that vein until there is more permanent staff. Private road standards are a different sort of requirement and best kept out of the planning ordinance. These are often even an appendix or other guidance document not adopted as an ordinance. The Floodplain ordinance ties into Federal requirements and can be left as a standalone with limited risk. The airport ordinance seems quite technical and may be better suited to standalone, but I do not have a strong technical recommendation on this document. The outcome would not be considered a Unified Development Ordinance, but it would reduce the locations someone have to consult during land development. The amendments would steer clear of the downzoning limitations established in state law. It would be my intent to basically cut and paste the appropriate language from the smaller ordinance into the planning ordinance. This will help remove cross reference errors and make sure the review process matches the planning ordinance. The mobile home park ordinance currently refers to a Special Use Permit process that involves the Planning Board and the commissioners. Individual Ordinance Updates: This is also reasonably easy to undertake and may appear to be simpler. Maintaining nine freestanding ordinances provides a real opportunity for updates to be overlooked or processes to be confused. None of these ordinances were updated to reflect the changed planning enabling legislation at the state level. Revisit the draft Unified Development Ordinance I realize the community and the boards have put a lot of work in on the Unified Development Ordinance and may want to move toward adoption of that document. I have not reviewed that document as closely since arriving, but am familiar with how UDOs work and their benefits. I believe a number of topics were at the heart of pausing the review: short term rentals, concern about changes to the permitted use table in light of the state law on downzoning, and other concerns. Once those items are clearly listed, I can review the draft document and see what can be pursued in short order and what needs additional work. 2) Critical language changes needed: Regardless of which option above is selected, there are three topics that need clarification or improvement in the current ordinance: 65 1) Permit validity time period – currently all construction projects must be completed within 12 months or pay to renew the permit. With the sizable developments on the horizon, I strongly recommend adjusting this language to have permits expire due to inactivity, not time. 2) Review of combination uses – it is very common for a business to operate as a combination of two uses in the use table. Occasionally, those uses have different review standards. It is typical for an ordinance to require the more stringent review process when uses combine. For example, in my previous locale, they defined restaurants and drive-up windows as two uses. Drive-up windows required a conditional use permit, but restaurants did not. Therefore, when a restaurant with a drive-up window applied, they were reviewed as a conditional use rather than by right. Some provision for minor accessory combinations can be considered. For example, a jewelry store may also do metal work to craft jewelry. This might include soldering & welding, things sometimes seen as industrial. Given the light nature of the work, language can be added to address the minor and accessory nature of this component and indicate it is NOT a combination. 3) Primary & Accessory uses – Related to the topic above, but much broader. a. On the residential side: The ordinance does not indicate whether there can be more than one dwelling on a lot. There appears to be some tradition to allow a dwelling and a garage apartment (at least in the RC district) provided there is adequate well and septic capacity. There also seems to be a tradition that the request for the 3rd dwelling triggers the need for a new lot to be created. Is this meant to extend to a house and a mobile home? Why only garage apartments? Why does the third unit need to be on its own lot? b. On the commercial side: There is no guidance about whether there can be multiple “primary” uses or just one. How much space can an accessory use take up and still be accessory? The industrial uses are very broadly defined, but some things that could be seen as industrial are listed separately in the table. This can make it very difficult to determine whether a use, particularly a complex one, is allowable. Since the ordinance has a process for group developments, it seems the intent is to have one use per lot. Resolving this may take a fair amount of discussion, but it is important to delve into to have a workable ordinance. I look forward to working with you to help put Person County on strong footing to handle current and anticipated development. Thank you for your consideration. 66