Minutes-05-02-2023-Business Meeting

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57 He said that view shed will only last as long as people don't plant trees along the property line. He said he hopes that will not happen. He said he has no objections to the proposal. Commissioner Greene said the landscaping requirements in the ARB documents list several species of plants that are invasive. She said the county requires native drought-resistant plants. She said the plants they suggest in the design do not meet those goals and said she would like for them to change. Keith Brown said that document is not finished, and he wants to specify that they are indigenous plants. He said that he hopes the HOA will help in maintaining individual gardens. Commissioner Greene said she likes the commitment in favor of drought-resistant plants. She said she did appreciate meeting with them, but what they are seeing is much less of a farm friendly development than she hoped to see. She said she hopes through this conversation there will be more commitment to keeping farmable land. Keith Brown said that is the intent. Commissioner Greene said the county has a Dark Sky ordinance, but she thinks there should be some negotiations on spillover light. She offered a condition that said, "Applicant shall limit spillover and night sky elimination within the NCDOT Right of Way to the extent permitted by the NCDOT." Keith Brown said they can do that. Commissioner Hamilton asked if for tax purposes, if the land owned by the HOA would be taxed at a different rate. Cy Stober said if it is classified as a bona fide farm, it is typically appraised at 10% of its market value. Commissioner Hamilton asked if once the land is sold to the HOA, if it loses its designation and has to reapply; and if approved, that they have a larger range of permitted farming activities. Cy Stober said under 160D-903, all zoning land use regulations cease to apply when it is a farm related activity. He said a residence would not qualify. Commissioner Hamilton said it is unclear what is not allowed. John Roberts said there's very little that's not allowed. He said that the legislature has consistently expanded farm activity in the last ten years. He said that this helps farmers make money, but they have also invited commercial activities onto farms and into rural areas and the county then has no regulatory authority. Vice-Chair McKee said he does not think there is a chance that the HOA will run a farm. He said that there will be 38 homeowners of $1 million homes and they are not going to want a farm. He said he sees the HOA instituting an HOA fee to upkeep this property. He said farming is an intense and difficult process. He said that from his standpoint, it should be looked at as a residential development. He said present use value and bona fide farm status is an issue he is familiar with and has been dealing with for 55 years and he still does not understand it. Commissioner Fowler asked about the tax classification of the other open spaces within the neighborhood. John Roberts said the farm use exemption as it relates to local government is applicable to the landowner, not the property. He said that the landowner gets the exemption for the property that is in farm use. He said, without more information on what the other areas are used for, that he cannot give an accurate answer as to what the other areas would be considered. Commissioner Fowler asked if the Tax department will decide that. John Roberts said if the HOA gets a farm use exemption they would apply to the Tax department, and it would depend on what lands were submitted. Commissioner Fowler asked if you can submit it for all portions of the land if you are just farming part of it. John Roberts said he did not know.