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HomeMy WebLinkAboutP-0405 - Orange County Water and Sewer Policy 09-03-1991-G2 POLICY FOR INSERTION INTO THE POLICY MANUAL • C7 MEETING DATE: April 3, 1989 EFFECTIVE DATE: April 3, 1989 POLICY' NUMBER' P:0405 REVISIONS' 9/3/91 ORANGE COUNTY WATER AND SEWER POLICY (Entire policy is located in the Commissioners Land Use Ordinances II book and in the permanent agenda file located in the Clerk's office.) Purpose: The policy statement identifies the County's role in the provision of water and/or sewage disposal services for the following general purposes: 1. To correct a public health emergency; 2. To provide service to an essential public facility; 3. To provide for economic development opportunities; and 4. To provide bases, consistent with the Orange County Comprehensive Plan, for the extension and expansion of existing water and sewer services. The policy has been developed to be compatible with the existing goals and objectives of the Orange County Compre- hensive Plan and has been organized around the following goal statements: 1. Assist in providing clean and safe water supplies to meet the needs of the residents of Orange County. 2. Assist in providing adequate and appropriate sewage disposal facilities for current and future residents. 3. Within the County's planning jurisdiction, establish development patterns compatible with the goal of dir- ecting urban growth to areas where it is desirable and can be practically and efficiently served by water and sewer facilities. 4. Establish a basis for Orange County's financial participation in the provision of water and/or sewer services and facilities. 5. Establish a system of fees to assist in the financing of water and/or sewer services and facilities. (RESERVED) APPROVED g-17-91 • MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING SEPTEMBER 3, 199.1 1 The Orange County Board of Commissioners met in regular session on Tuesday, September 3, 1991 at 7:30 p.m. in the Courtroom of the Old County Courthouse in Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Vice-Chair Stephen Halkiotis, Commissioners Alice M. Gordon, Verla C. Insko and Don Willhoit. BOARD MEMBER ABSENT: Chair Moses Carey, Jr. ATTORNEY PRESENT: Geoffrey Gledhill STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Rod Visser, Clerk to the Board Beverly A. Blythe, Finance Director Ken Chavious, Housing and Community Development Director Tara Fikes, Accountant Howard Fitts, Human Resources Director Elaine Holmes, Accounting Technician Deborah Jefferies, Purchasing and Central Services Director Pam Jones, Public Works Director Wilbur McAdoo, Social Services Director Marti Pryor-Cook, Senior Accounting Technician Debbie Smith, Soil Scientist Jerry Stimpson, County Engineer Paul Thames, EMS Director Nick Waters, Planners Emily Cameron, Eddie Kirk, Mary Scearbo and David Stancil. NOTE: BACKGROUND INFORMATION ON ALL AGENDA ITEMS IS IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. I. ADDITIONS OR CHANGES TO THE AGENDA Vice-Chair Halkiotis added to the agenda an Executive Session for the discussion of a personnel matter. Commissioner Willhoit added to the agenda an appointment to the Southern Human Services Planning Committee. II. AUDIENCE COMMENTS A. MATTERS ON THE PRINTED AGENDA - NONE B. MATTERS NOT ON THE PRINTED AGENDA Gordon Brown, Attorney representing a group of citizens in the Efland community, presented to the Board a petition. In summary the petition made reference to the Efland sewer line and the contracts signed for the construction and provision of sewer service to 191 parcels in the Efland area. He stated that for approximately half of the 191 potential users who originally signed contracts with the County, sewer service is not yet available. The conditions which created the emergency in 1984 still exist today. He stated that many have inadequate or failing septic systems. Many have made significant out- of-pocket expenditures to repair or replace their systems with little prospect that they will function properly or adequately in the long term. In several areas, raw sewage flows to the surface or runs in the ditches. The 161 citizens who signed the petition asked that the Board of County Commissioners: Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to approve the Preliminary Plan for Spirit Hill Subdivision subject to the Resolution of Approval on pages of these minutes. VOTE: UNANIMOUS E. PROPOSED ORDINANCE AMENDMENTS - WATER/SEWER POLICY, ZONING ORDINANCE AND SUBDIVISION REGULATIONS In early April, a landowner in the Protected Watershed portion of the University. Lake Watershed in the Rural Buffer visited the Planning Department to inquire about developing an 18-acre parcel. He brought with him a copy of an agreement which he and his wife had signed with OWASA in 1983 for the purpose of conveying a parcel of land as a pump station location in exchange for five water and five sewer taps. The pump station and taps were installed by OWASA. The landowners would now like to use the taps and develop their property. These proposed amendments would allow water and/or sewer agreements which predated the County's Water and Sewer Policy to be carried out in the Rural Buffer and Water Quality Critical Areas. OWASA officials have stated that they have no knowledge of other similar agreements for water and/or sewer service. Motion was made by Commissioner Willhoit, seconded by Commissioner Insko to approve the proposed amendments to the Water and Sewer Policy, the Zoning Ordinance and the Subdivision Regulations as recommended by the Administration. • VOTE: UNANIMOUS F. ADVERTISEMENT - OCTOBER 10, 1991 JPA PUBLIC HEARING Mary Scearbo explained that there are two items to be considered at this public hearing. The first involves American Stone Company and the second involves New Hope Corridor open Space Master Plan. Motion was made by Commissioner Insko, seconded by Commissioner Halkiotis to approve the legal notice and items for discussion at the Joint Planning Public Hearing scheduled for October 10, 1991, 7:30 p.m. in the auditorium of Carrboro Elementary School. VOTE: UNANIMOUS G. HILLSBOROUGH COOPERATIVE PLANNING AGREEMENT Motion was made by Commissioner Insko, seconded by Commissioner Willhoit to approve a revised time schedule for adoption of a proposed Cooperative Planning Agreement between Orange County and the Town of Hillsborough as presented by the Administration. VOTE: UNANIMOUS H. APPROVAL OF CONTRACT - DESIGN SERVICES FOR NORTHERN HUMAN SERVICES BUILDING ROOF Motion was made by Commissioner Insko, seconded by Commissioner Gordon to approve and authorize the Chair to sign a contract with RTD Associates, PA, for $7,440 to provide engineering services associated with roof replacement at Northern Human Services Center in Cedar Grove. The County received one other proposal from _. .. _ _ .. -~_ - 1 OitANf#N OORI'P= 8071iiD Cf' OOININSZOI hatioa A9eada Itsw No. G_~. 110TION I'P01 Aed'!'RACT Neetiag Date: APSIL 3, 1989 pROPOSND MATaR/BHIIiR POLICY D~HB~lts PLAN[IIN3 119T(s) P1tOPOmBD MATER/SBNER POLICY HOCC 3/8/89 NIlN>TSt PLANNIlRi HDA1tD 3/6/89 NI19~8 ---------------------------------- PQHI.IC HRARIIID YiS: AO: X i!Il~IA?IOII C011?M:?: PLANNIlN3 DIR3C1'OR - EXTENSION 346 ',RlitlCl?90180 ~N9eR- Billsborovgh - 73Z-8181 Cbapol Hi11 - 9i8-4501 Itebaae - 22?-2031 ~FFrne~d ~, '. 9 - 3 -~+ ~ ~ burhaa - 6a8-7331 PQpOdN: To consider a proposed Mater/Bewex Policy for Orange County. Bi1~OiE0OND: On 3anuary 17, 1989, public bearings on the proposed Water/8ewer Policy were concluded. All eorsents received since the initial hearing oa- llovesher 28, 1988 and 1a:tuary 19 Hera carefully reviewed by a caasittee cowposed of Coasissioner Hartwoll, the County Manager, the County Attorney, the County Rngine•r and the P1anAing Director. Recisions to the policy Ker• then Bade to address concerns identified by citisens, advisory boards, utility providers and sunieipalities during the hesring process. Open aospl•tioa of the revised draft, •eetings were held with representatives of the Towne of Chapel Hili, Carrboro, and Hillsborough, the Eaonosie Developsent Cossission and Orange Hater 8 sewer Authority to rwiew the draft. D'ollowiag receipt of Planning Hoard eoa-weats at its Narch 6, 1989 seating and coewents of the Board of Cossissioners at its Nareh 8, 1989 seating, spocifiv sodifications were made to the policy. ANO0~1Y7aA(®): The Naaager reaosseads that the Board of Co..ission®rs adopt the Mater/s•eer Policy ae presented. • • O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date September 3, 1991 • • Action Agenda Item # ~~~ SUBJECT: PROPOSED ORDINANCE AMENDMENTS (WATER AND SEWER POLICY - GOAL 3.B.3 SERVICE CAPABILITY/ CAPACITY/EXTENSION POLICIES ZONING ORDINANCE - ARTICLE 6.15.2.a.2a INTERIM DEVELOPMENT STANDARDS SUBDIVISION REGULATIONS - SECTION IV-C-2.a.2a INTERIM DEVELOPMENT STANDARDS) DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No ATTACHMENT(S): Proposed Amendments Agency Comments 8/5/91 Public Hearing Minutes 8/19/91 Draft Planning Board Minutes 1 INFORMATION CONTACT: Emily Cameron Extension 2580 TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To consider proposed amendments to the Water and Sewer Policy, Zoning Ordinance, and Subdivision Regulations which would allow water and/or sewer agreements which predated the County's Water and Sewer Policy to be carried out in the Rural Buffer and Water Quality Critical Areas. BACKGROUND: In early April, a land owner in the Protected Watershed portion of the University Lake Watershed in the Rural Buffer visited the Planning Department to inquire about developing an 18-acre parcel. He brought with him a copy of an agreement which he and his wife had signed with OWASA in 1983 for the purpose of conveying a parcel of land as a pump station location in exchange for five water and five sewer taps. The pump station and taps were installed by OWASA. The land owners would now like to use the taps and develop their property. OWASA officials have stated that they have no knowledge of other similar agreements for water and/or sewer service. Currently, the use of existing water and sewer taps in the Rural Buffer would be in conflict with the County's Water and Sewer Policy, since it prohibits extensions outside Transition Areas with only a few specific exceptions (i.e., public health emergency, necessary public facility). 2 The proposed amendment would add language to the Water and Sewer Policy to allow pre-existing written service agreements to be honored. The second part of the amendment would make the Interim Development Standards in the Zoning Ordinance and Subdivision Regulations consistent with the amendment to the Water and Sewer Policy. The proposed amendments were presented at public hearing on August 5, 1991. No citizen comments were received. Commissioner Insko asked if OWASA's Board of Directors had been advised of the proposed amendments. Following the hearing, the Planning Staff contacted OWASA. OWASA Staff responded that all proper procedures were followed regarding courtesy review of the proposed revisions to Orange County's regulations. OWASA staff and the Chair of the OWASA Board of Directors determined that the amendments would be consistent with OWASA's current policy (see attachments) for extension of water and sewer service into the University Lake Watershed. Therefore, action by the OWASA Board was not necessary. The Staff correspondence regarding their analysis of the proposed amendments was sent tv the Board of Directors as an informational item on a meeting agenda. Before the land owners could actually use the taps provided via the 1983 written service agreement, they would have to obtain formal approval from OWASA after the Board of Directors conducts a public hearing. On August 19, the Planning Board recommended approval of the proposed amendments. RECOMMENDATION: The Administration recommends approval of the proposed amendments to the Water and Sewer Policy, the Zoning Ordinance, and the Subdivision Regulations. • Orange Water anc 400 Jones Ferry Road OWASA P.O. Box 366 Carrboro, NC 27510 (919) 968-4421 i Sewer Authority 3 ~~r~ ~, July 10, 1991 Ms. Emily Cameron Orange County Planning Department 306 Revere Road Hillsborough, NC 27278 Dear Ms. Cameron: SUBJECT: PROPOSED AMENDMENTS TO ORANGE COUNTY WATER AND SEWER EXTENSION POLICY,. ZONING ORDINANCE, AND SUBDIVISION REGULATIONS REGARDING PUBLIC UTILITY SERVICE IN UNIVERSITY LAKE WATERSHED I have reviewed the proposed text changes to allow public water and/or sewer connections to property in University Lake watershed in cases where a valid service agreement existed with a public entity prior to April 3, 1989. Your background information indicates that these changes are needed to accommodate a 1983 OWASA agreement to provide five water and sewer taps in exchange for 0.4 acres of property acquired for the Rangewood pump station. That agreement and the Count 's ro osed olic and r Y P P P Y egulatory changes appear to be consistent with OWASA's adopted Policy for Extending Water and Sewer Lines Into University Lake Watershed (copy attached). Item 4 on page 2 provides for service to Rangewood lots that were benefitted by our previous assessment project. Although the 18 acre parcel in question was not formally included in the Final Assessment Roll, it would appear to be "benefitted property" eligible for service under the intent of our adopted policy. The property owner should note, however, that formal OWASA approval will require a positive finding by the Board of Directors after conducting a public hearing. As your background information indicates, we are aware of no other outstanding agreements to provide OWASA service in University Lake watershed or any other portion of the County's planning and zoning jurisdiction. Have you inquired about any similar agreements that might exist between property owners and the Town of Hillsborough? Please let ^e know if you need any further OWASA information. Yours very truly, 1 Edward A. Holland, AICP Research and Planning Administrator eah Enc. cc: Everett Billingsley An Equal Qpportunity Employer Orange Water and Sewer Authority 400 Jones Ferry Road OW/QSQ P.O. Box 366 c N r n `1`,n ~--~ Carrboro, NC 27510 p1 ~ :~~ (919) 968-4421 L ~ --- ~9 -91 July 17, 1991 Mr. Moses Carey, Jr., Chair Orange County Board of Commissioners Post Office Box 8181 Hillsborough, North Carolina 27278 Dear Moses: 4 SUBJECT: PROPOSED AMENDMENTS TO ORANGE COUNTY WATER AND SEWER POLICY, ZONING ORDINANCE, AND SUBDIVISION REGULATIONS In response to your letter of July 5, 1991, I am attaching a copy of recent staff correspondence regarding the subject topic along with a copy of OWASA's water and sewer extension policy for University Lake watershed. These documents address the three questions in your July S letter. To summarize: 1. OWASA is party to a 1983 agreement to provide S water and sewer taps to an 18 acre tract adjacent to the Rangewood Subdivision in exchange for a 0.4 acre parcel on which the Rangewood pump station was constructed. 2. As noted in the attached correspondence, OWASA considers the 1983 agreement to be consistent with its adopted policy for extending water and sewer service into University Lake watershed. Formal approval will require a positive finding by the Board of Directors after they conduct a public hearing. To my knowledge, no such request has been filed with OWASA by the property owners. 3. We are aware of no other outstanding agreements to provide OWASA service in University Lake watershed or any other portion of the County's planning and zoning jurisdiction. I trust that this satisfactorily answers your questions. Please let me know if we can provide any further information. Yours very truly, ~- (~c.0 ~ . - Lois T. Herring, Chair Board of Directors eah Encs. (w/encs.) (w/encs.) (w/encs.) (w/encs.) Mr. John Link, Jr. / Mr. Marvin Collins,,,/// Ms. Betty Eidenier Everett Billingsley Robert Epting, Esquire An Equal Opportunity Employer 1 ORANGE HATER AND SERER AIITHORITY POLICY FOR EgTENDING HATER AND SEEDER LINES INTO IIPIIVERSZTY LAKE HATERSHED • • Purpose This policy sets forth principles and guidelines for the Authority's water and sewer facilities and services into th watershed. Background 5 extension of the e University Lake In 1987 Orange Water and Sewer Authority commissioned the Camp Dresser S McKee University Lake Watershed Study to provide the Board of Directors and local governing bodies with a reliable basis for implementing land management controls to help assure short and long term protection of the University~Lake water supply. While the study was being conducted and its recommendations were being considered by the local governing bodies, the Authority maintained a moratorium on water and sewer extensions into the watershed. The study, which was completed in March 1989, evaluated a range of development scenarios and utility service options, and determined that low density residential development served by individual wells and septic systems would present the least overall risk to University Lake water quality. Many of the CDM findings and recommendations were incorporated into local land management plans, development ordinances, and regulations amended by the Orange Coun~y Board of Commissioners and Carrboro Board of Aldermen in April and May, 1990. Among the standards for new development were 5- and 2-acre minimum lot requirements, impervious surface limits, and revised stream buffer setbacks. Additionally, Carrboro* and Orange County prohibited community alternative wastewater treatment and disposal systems, as well as public watez.and sewer service, except to correct officially declared health hazards. The County adopted additional language allowing reconsideration of its utility restrictions after special studies that the County expected to be completed by April 30, 1991 . Although Chapel Hill has no planning and zoning jurisdiction in University Lake watershed, the Town Council has nairtaiaed a consistent policy against the extension of public water and sewer service into the watershed. Orange Water and Sewer Authority's Mission and Goals Statement (December, 1988) includes a commitment "to be guided by the land management plans approved by the government units in the area the Authority serves." Polic9 Consistent with findings of the Camp Dresser ~ McKee University Lake [latershed Study, and in accordance with recent positions adopted by Carrboro, Chapel Hill, Certain Carrboro regulations had not been enacted as of the April 25, 1990 effective date of this OEdASA policy, but were proposed for public hearing on May IS, 1990. 6 • Policy For Extending .Water And Sewer Lines Into University Lake Watershed Page 2 and Orange County, the Orange Water and Sewer Authority will not permit the extension of water and sewer facilities and services under its control into the University Lake watershed, except on a site by site basis as described below. The utility service limitations imposed by this policy are intended to apply primarily to new, rather than e~Cisting, development in the watershed. The decision to approve or disapprove any requests for water and/or sewer extensions into University Lake watershed shall be made by the Authority's 3oard of Directors after conducting a public hearing. Conclusions of the Board shall state the findings upon which the decision was based. Service extensions may be granted under the following conditions: 1. To alleviate an existing or imminently impending health fi azard, as declared by the Orange County Health Department; or, 2. To alleviate or prevent a situation that will significantly jeopardize University Lake water quality; or, 3. To respond to such other hardship that is materially adverse or catastrophic to the health, safety and welfare of the general public. r. 4. Any lots in the Rangewood subdivision that were benefitted by the Authority's previous water and sewer extension project, and which appear on OWASA`s Final Assessment Role for that project, may be connected to the Authority's water and/or sewer lines as long as all assessments, fees, and charges have been paid or are up to date. Such connections nay be made without meeting the conditions of I, 2, or 3 above. S. Structures that existed before April 23, 1987 and located on lots that existed before April 23, 1987 cahich are adjacent to OWASA water or sewer lines installed before April 23, 1987, may be connected to those lines without meeting the conditions of 1, 2, or 3 above. A Legal change in property use shall not impede the approval of such connections unless the structure is increased in size by more than 50 percent, or unless the proposed use constitutes an increased hazard to the watershed. Authorization The Executive Director is authorized and empowered to formulate any application, notification, or other administrative procedures needed to implement this policy. Reviewed by General Counsel: ~ - 3 '~ ~ _ Date General Cou el ~ G~ Adopted by the Board: _~;~9y - ' ~ Date (.Clerk to the Boa d • MEDlORANDUM To: W. Calvin Horton, Town Manager From: Roger Weldon, Planning Directo ~~-~. Subject: Proposed Amendment to Orange County Water/Sewer .Policy and Development Regulations Date: July 17, 1991 Orange County is proposing an amendment to existing policies and regulations on providing water and sewer in the Rural Buffer. The amendment would allow OWASA to fulfill a 1983 recorded agreement in which a property owner gave OWASA land for a pump station in exchange for the right to have five water and sewer tape. The property is located in the Rural Huffez, adjacent to the Rangewood subdivision off N.C. 54 (sec map attached). the amendment would recognize agreements which existed before the date of the adoption of the Water and Sewcr Policy, April 3, 1989. The agreements are limited to those in which a municipality, the County or a water/sewer authority are a party. A copy of the proposal is attached. The County will hold a public hearing on August 5th. We understand from OWASA and the County that no other pre-existing agreements are known. OWASA staff has had input into developing the language and we understand that OWASA will be comfortable with the language. Our staff comment to the County is that this amendment appears to be a narrow change to accommodate a specific uituation. The location of the property is next to a subdivision now rserved by water and sewer, so the proposal has few impacts on poaaible future extensions elsewhere in the Rural Buffer. The amendment could be drawn more narrowly by applying it only to a water and sewer authority, rather than also including Oranges County and municipalities. However, we understand the County desires to have the language cover any future (now unknown) agreements which may come to light. Under Section 2.68 of the~Joint Planning Agreement, the County a~ay change its zoning and subdivision ordinances in accordance with its own procedures. ~cc: Marvin Collins,-~Orange County Planning Director ~ ~ ~r r. ^ F- ~-"- L: - s• . • _ ;. arrboro July 17, 1991 D ~ ~,-., n~; ~-~S -91;'~ ~J Ms. Emily Cameron Orange County Planning Department 106 E. Margaret Lane Hillsborough, NC 27278 Dear Emily, 8 P.O. Box 337 301 West Main Street Carrboro. North Caroi~na 27510 (9191968.7700 (91919c2-85x1 Thank you for providing Carrboro the opportunity to comment the County's proposed amendments to allow valid water and/or sewer agreements which predated the County's Water and Sewer Policy to be carried out in the Rural Buffer and Water Quality Critical Areas. This matter was brought to the Board of Aldermen's attention at their July 16, 1991 meeting. The planning and zoning staff discussed the amendments and agreed that pre-existing valid written service agreements should be honored, even in the Rural Buffer or Water Quality Critical Areas. We also agree with the county's proposed requirement that such agreements must involve a municipality, the county, or a water/sewer authority as a service provider in order to be considered valid. If you have any questions concerning our comments, please do not hesitate to call me at 968-7714. If any substantive changes are made to the proposed amendments, please send me a copy. Best. regards, Jt31 i a A . Trevarthen Senior Planner ~~ Thomas E. warren, Chief Warrant officer, US Army P. Troop, 4th Squadron 3rd Armored Calvary Regiment Fort Bliss, Texas October 1, 1990 - April 1991 3 V. SPECIAL PRE6ENTATION& - NONE _ VI. L ~~ 3 4 1 2 3 4 5 6 7 9 0 1 2 3 4 5 7 8 9 0 9 PITBLIC HEA~~NGS ~, PROP06ED AMEND ENTS 'I'0 WAT~,R AND g~W~R POLICY. ZONING QRDINANCE _AND SUBDIYISION REGULATIONS Bill Waddell chaired this portion oP the meeting since this public hearing involved the Planning Board. The purpose of this item was to receive citizen comment on the proposed amendments to the Water and Sewer Policy, Zoning Ordinance, and Subdivision Regulations which would allow water and/or sewer agreements which predated the County~s Water and Sewer Policy to be carried out in the Rural Buffer and Water Quality Critical., Areas. More speciff.c, in early April, a landowner in the Protected Watershed port~.on of the University Lake Watershed in the Rural Buffer inquired about developing an 18-acre parcel. He presented an agreement which he and his wife had signed with OWASA in 1983 for the purpose of conveying a parcel of land as a pump station location in exchange for five water and five sewer taps. The landowners would now like to use the taps and develop their property. OWASA officials have stated that-they have no knowledge of other similar agreements for water and/or sewer service. The proposed amendment would add language tv the Water and. Sewer Policy to allow pre- existing written service agreements to be honored. The second part of the amendment would make the Interim Development Standards in the Zoning Ordinance and Subdivision Regulations consistent with the amendment to the Water and Sewer Policy. The 'Planning Staff recommends approval of the proposed amendments. There were no citizen comments. Motion was made by commissioner cordon, seconded by Commissioner Halkiotis to refer this item to the Planning Board for a recommendation to be considered by the County commissioners na sooner than September 3, 1991. VOTE: UNANIMOUS vrz. ~pORTg ,~ B'TATE WATERSHED PROTECTION - PROCEDURES AND YMP ICATIONS FOB ORANdE QOUNTY ~ ~: . The County Commissioners received a report from Planner David stencil on the implications of 'state watershed protection rules and classifications on current County po~.icies/procedures. The Environmental Management Commission (EMCj has proposed preliminary classifications.for each of orange County's it water supply watersheds. The report prepared by the Planning staff (1) explains the mandate *, 10 required prior to the start of any timbering, clearing, or construction. The Planning Staff recommends approval of the Preliminary Plan subject to the Resolution of Approval. MOTION; Reid moved approval as recommended by the Planning Staff. Seconded by Scott. VOTE: Unanimous. AGENDA ITEM #9: MATTERS HEARD AT 8/5/91 PUBLIC HEARING a. PROPOSED ORDINANCE AMENDMENTS (1) Water and Sewer Policy Goal 3.B.3 Service/Capability/ Capacity/Extension Policies (2) Zoning Ordinance Article 6.15.2.a.2a (Interim Development Standards) (3) Subdivision Regulations Section IV-C-2.a.2a (Interim Development Standards) Presentation by Emily Cameron. This agenda item is to consider proposed amendments to the Water and Sewer Policy, Zoning Ordinance, and Subdivision Regulations which would allow water and/or sewer agreements which predated the County's Water and Sewer Policy to be carried out in the Rural Buffer and Water Quality Critical Area. In early April, a land owner in the Protected Watershed portion of the University Lake Watershed in the Rural Buffer visited the Planning Department to inquire about developing an 18-acre parcel. He brought with him a copy of an agreement which he and his wife had signed with OWASA in 1983 for the purpose of conveying a parcel of land as a pump station location in exchange for five water and five sewer taps. The pump station and taps were installed by OWASA. The land owners would now like to use the taps and develop their property. • OWASA officials have stated that they have no knowledge of other similar agreements for water and/or sewer service. 11 Currently, the use of existing water and sewer taps in the Rural Buffer would be in conflict with the County's Water and Sewer Policy, since it prohibits extensions outside Transition Areas with only a few specific exceptions such as public health emergency or a necessary public facility. The proposed amendment would add language to the Water and Sewer Policy to allow pre-existing written service agreements to be honored. The second part of the amendment would make the Interim Development Standards in the Zoning Ordinance and Subdivision Regulations consistent with the amendment to the Water and Sewer Policy. The proposed amendments were presented at public hearing on August 5, 1991. No citizen comments were received. Commissioner Insko asked if OWASA's Board of Directors had been advised of the proposed amendments. Following the hearing, the Planning Staff contacted OWASA. All proper procedures were followed regarding courtesy review of the proposed revisions to Orange County's regulations. OWASA staff and the Chair of the OWASA Board determined that the amendments would be consistent with OWASA's current policy for extension of water and sewer service into the University Lake Watershed. Therefore, action by the OWASA Board was not necessary. Before the land owners could actually use the taps provided via the 1983 written service agreement, they would have to obtain formal approval from OWASA after the Board of Directors conducts a public hearing. The Planning Staff recommends approval of the proposed amendments to the Water and Sewer Policy, the Zoning Ordinance, and the Subdivision Regulations. Reid questioned whether or not the owner could develop his property at the density allowed at the time of the service agreement, or whether current regulations must be followed. Cameron responded that she did not know whether the taps were installed prior to the Rural Buffer regulations. The agreement was signed prior to Rural Buffer regulations. She continued that the applicant would be able to develop almost as he would like to do. He would like to have five 12 . duplexes; instead, he may have four duplexes and one single-family residence. MOTION: Reid moved approval as recommended by Planning Staff. Seconded by Hoecke. VOTE: Unanimous. AGENDA ITEM X10: MATTERS TO BE HEARD AT 8/26/91 PUBLIC HEARING a. Special Use Permit Application (1) SUP -1-91 Green Hill Bed & Breakfast Presentation by Eddie Kirk. This agenda item is for review/comment prior to August 26 public hearing on a request for a Class A Special Use Permit for the non-residential use of the historic "Green Hill" residence. William Thomas Proctor, III and Evelyn D. Proctor, have requested a Class A Special Use Permit for a Non-Residential Reuse/Mixed Use of an historic structure for the property commonly known as the Green Hill residence. The property is located at the southwestern corner of the intersection of US 70 and Lawrence Road (SR 1561). The property contains 6.46 acres. The proposed request would allow for the house to be used as a bed and breakfast. Three out of the four existing bedrooms would be used for the bed and breakfast. There are no proposed changes or additions to the existing house or changes to the property. The property is specifically described as Lots 66 and 67 of Tax Map 20 in Eno township. The current zoning of the property is Rural Residential (R-1) and the Comprehensive Plan designation is is Rural Residential. The use of the property, as proposed, requires the issuance of a Class A Special Use Permit. Certain development standards must be met and a Special Use Permit must be obtained for the proposal to proceed. Approval of the request would allow for the use of "Green Hill" as a bed and breakfast facility for a maximum of 6 adults. No motion was needed. This item is scheduled for • the August 26, 1991 public hearing. Hamilton noted that the land is for sale and APPROVED ~11~,/89 MINUTES ORANGE COUNTY 80ARD OF COMMISSIONER5 REGUTAR MEETING APRIL 3, 1989 PAGE 1 The Orange County $oard of Commissioners mat in regular session on Monday, April 3, 1484 at 7:30 p.m. in the Courtroom of the Old Courthouse, Hillsborough, North Carolina. ~Q~ PSESENT: Chair Moses Carey, Jr., and Co~issionars Stephan Halkiotis, John Hartwell, Shirley E. Marshall and Don Willhoit. ATTORNEY gRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager John M. Link, Jr., Assistant County Manager Albert Kittrell, Recreation and Parka Director Mary Acne Black, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, and Tax Assessor Kermit Lloyd. BOARD 5~ ~ CO1~+IENTS The date in ~1 of the recommendation for item G-4 was corrected to read May 1 instead of April 1. The recommendation for F3 was added to road "to approve the 31 requests for refunds of tax bills as submitted by the Tax Assessor". The statement "and authorize the Chair to sign" was added to item Dl, $y PUBLIC COMMENTS 1 MATTER5 ~ ~c PSINTED AGENDA Chairman Carey announced that all those who wish to speak will be heard at the time their item is discussed. .Za MATTERS ~ ~I ~ ~ 0 Mr. Everett Squires complained about the chicken manure and the way it was being • spread all in one place near his home. He expressed concern about the contamination of the water supply in the area. Because of the smell he cannot eat in his own home. He asked that hie texas be reduced by ?58. He also complained about the closest green boa location being fifteen miles from his home. Chairman Carey informed Mr. Squires that his request for a reduction in taxes would need to be made to the Tax Assessor. The County is trying to find additional green box locations. Commissioner Marshall made reference to the injunction and questioned how limited the County is. Shs asked that this situation be reviewed to see if the County could do more. County Manager John Link informed the Board that he is monitoring this situation and the health aspect is being investigated by the Environmental Health staff. They will continue to monitor the situation. Commissional Willhoit suggested having Em~ironmental Management Look at the situation and, Wore specifically, monitor how near the manure is to a stream. He asked that the County order he reviewed to see if it could be changed since ft is clearly not effective in terms of the Squires. C MINUTES -NONE P C .CHARGE Chairman Moses Carey, Jr. read the Public Charge. • • Jeanne Riggabee 29351 34.46 Brenda D. Barbee 129858 110.37 Larry R. Albert 125212 129.34 Dennis A. Cummings 110645 135.92 William & Elva Corr 65679 74.93 Allen A. Cates 67879 64.80 Randy R. Barbee 118268 108.32 Sylvia G. Harass 74636 Ls8.87 C. P. Buckner Steel 34014 421.89 Teresa A. Whitted ~ 90551 95.25 Glenn Tig 88809 2.86 Hervey & Marcia Leonard 117536 80.00 Carolyn Rashti 87003124 16.02 Goforth Properties 122132 1,387.40 Rudolpy ~ Ruth Hardee 90352 202.02 Jerry ~ Fran Bafty 80715 602.10 Raymond Lams 91772 228.10 J. Oral Strickland $ GMAC 103929 85.30 Vance O. Walker 116465 121.94 Samuel W. W11burn 98859 126.20 Lonnie J. Adana 2819 98.33 Thomas and Lucia Gambill 53106 133.23 PAGE 3 /~,,_ PETITIOA ~$ ADDITION ~$ $Q~8 ~1 jQQg$ji 3PRINGS SUBDIVISION To approve a petition from NGDOT for the addition of Quinn Court, Oxford Court, Gibbon Drive, Valera Court, and Laurel Springs Drive in Laurel Springs Subdivision to the State-maintained Secondary Road System. VOTE: UNANIMOUS. ~.. .~F~ ~ DECISION :. $F~,d~ ~ ~3T RILflT FUNDS Fig DOMICILIARY , ~ $ BILL ~ Motion was made by Commissioner Halkiotis, seconded by Commissioner Willhoit to approve the endorseaent of Senate Bill 312 that could continue the Outreach Activities Pilot Program to the residents of Orange County's Family Care and Rest Haines by the County Recreation and Parks Department and communicate that endorsement to the Osage County Delegation. VOTE: UNANIMOUS. ~ ~T~/SCR PQLICY (A copy of this policy is in the Cownissioners' Library, in the Commissioners' Policy Manual and in the permanent agenda file in the Clerk's Office). Motion was made by Commissioner Hartwell, seconded by Goamissioner Marshall to adopt the Water/Sewer Policy as presented. VOTE: UNANIMOUS. ~ SELECTION ,~ $FSERVOIR ~j; Chairman Carey stated this item vas placed on directing staff for any further information needed by decision is considered. No additional information was on the next agenda for decision. Chris Best presented a list of questions about in the permanent agenda file. the agenda for the purpose of the Commissioners before a final requested. This will be placed the reservoir site. This List is • 2 ER FCILICY NrY_ N.C. 7 -3 i -87 8-a 5-87 9-a-87 i i-16-87 i i-Z 4-87 9-17-88 i i-71-88 1-31-89 a -7-89 3-g0-89 3 Table of Contests Pa$e xo. Purpose t Goal 1 - mater Suppiy 2 A. General Policies 2 B. Watershed Protectloa Policies 2 Goat 2 -Sewage Disposai ~ A. General Policies 4 B. Aiteraative Systems Policies 4 Goal 3 - Development Patterns 6 A_ General Policies 6 B. Service Capability/Capacity/Sztensioa Policies 6 Goat 4 -County Financial Partidpaticm 8 A. General Policies 8 B. Applicatioa Policies 8 C. Selection Poiides - Protects For 9 Hconon~ic Developaunt D. Selection Policies -Protects Serving Aa 9 Hsseatiai Public Service Or Correct~ia~g A Pnbiic Health Emergency 8. Fnndiag Priorities And Sources 10 F. ltepaymant Oi Conaty I avestmeat i O G. Fiaanciai Pattfcipatfoa Ia Bzteasions Or i i Ezpaasioas Oi County-Owned Systetas Goat 5 -Access and availability Fee Policies ~HESERVID ) ~~ Purpose Thin policy statement identifies Orange County's role is the provision of water and/or sewage disposal services for the following general purposes: l _ To correct a public h®aith emergency; a _ To provide service to as essential public facility; 3_ To provide for economic development opportunities; and ~. To provide bases, consistent with the Orange County Comprehensive Pisa, for the est~easion and ezpaasioa of existing water and sewer services_ Thin policy has been developed to ba oompatibie with the existing goals and objectives of the Orange County Comprehensive Dian sad has been organised around the following goal statements: i _ Assist in providing clean sad ante water supplies to meet the needs of the residents of Orange County. 2 _ Assist in providing adegnatre and appropriate sewage disposal facilities for current and ivtture residents. 3_ Within the County's pisaaiag jurisdiction, estabi3,sh developaent patterns compatible with the goal of directing urban growth to- areas where it is desirable sad can be practically sad efiicientiy served by water and sewosr iaciiities. 4_ Sstabiish a basis for Orange County's iiaancial participation ifl the p~rovisioa of water and /or seweer services and facilities. 5. Bstabiish a system of fees to assist is the financing of water andlor sewer services sad iaciiities. (BBS8ItV8D) The County's role in achieving each of the above mentioned goals is identified herein. -~- 5 ~~- OOl1L 1 - NATl~R SOPPLZ Rssiat fa providing clean and safe rates supplies to s~set tbs n~~ds of the residents of Orange County. ~. ®enaral Policies 1. orange County will assist municipalities and water providers within the county and surrounding jurisdictions in efforts to identify, protect, and develop required water supplies so that available resources are balanced with existing and projected needs oa a local and regional basis. 2. Orange County's primary responsibility will be to assist in the protection and development of water resources, including the establishment of necessary organizational structures and arrangements that would operate and maintain raw water and treated water resources. 3. Water supply needs should bs met consistent vrith the land use glans and growth management policies of Orange County, municipalities within the county, and surrounding jurisdictions; watershed protection policies; and environmental protection policies. 4. The type of water distribution facilities appropriate far an area should be identified as a function of the magnitude of present and future demand; the distribution of users; the present and potential availability of public utility services; and the capacity of the natural environment to absorb the impact. Ths determination of appropriate types of water distribution facilities in the County should be made in close cooperation with utility service providers, both public and private, and with municipalities. 8. Nat~ershed Prot~ation Policies 1. Watershed protection should be given a high priority in any activity related to land use planning in Orange County. Orange County will, in those areas for which it has planning and zoning jurisdiction and authority, use this authority to designate protected watersheds in the Land IIss Element of the Comprehensive Plan for the purpose of protecting those areas from environmental. j~apts adverse #~ water sunnly sources. 2. Local and regional watershed standards and policies Should be adopted and implemented which minimise potential adverse impacts on water quality in water -2- 6 ~.-.___. upport the programs of the rvice and Sedimentation and will participate in region- onitoring pragrams. T GOAL 1 - SEMAdB DISPOSAL Assist in providing adequate and facilities for current and future A. ~ieneral Policies appropriate sewage disposal residents. 1. S®wage disposal needs should be met in a manner consistent with the land use plans and growth management policies of Orange County, municipalities within the county, and surrounding jurisdictions; watershed protection policies; and environmental protection policies. 2. The type of sewage disposal facilities appropriate for an area should be identified as a function of the magnitude of present and future demand; the distribution of users; the present and potential availability of public utility services; and the capacity of the aatuxal ®nvironment to absorb the impact. The determination of appropriate types of sevrage disposal facilities in the County should be made in close cooperation with utility service providers, both public and private, and with municipalities. 3. On-site disposal should be encouraged in low- density and rural areas where soil conditions are acceptable. The Count should establish a public education program to inform home and property owners of issues, concerns, and operation and maintenance needs associated with on-site sewage disposal systems. 4. Wastewater disposal shall ~g accQ~Flished ~ discharge shall be treated in compliance with all applicable local, state, and Federal laws and regulations. B. Alternative 8Ystems Policies 1. The elimination of administrative and informational barriers to the use of safe, sanitary alternative wastewater treatment systems within the County should be encouraged. The adequate long-term operation of such system must be assured. 2. Alternative wastewater treatment systems include: a. Discharge systems such as package treatment plants which discharge into a natural water course and do not depend on the soil for treatment. b. Non-discharge systems which are used where -4- 8 pollutants found in the wastewater can be adequately removed through distribution to the sail. Non-discharge systems are generally known as ground absorption systems consisting of land application systems by spray irrigation onto the surface of the soil and variations of the conventional ground absorptioa system based on low pressure injection of wastewater into the soil. 3. The use of alternative wastewater treatment systems as a means of sewage disposal will be permitted consistent with local, State, and Federal laws and regulations only in the following situations: a. On land unsuitable for conventional on- site sewage disposal systems and which is not served by public sewer; or b. On land suitable for conventional on-zits sewage disposal systems and which is not served by public sewer but where, through the clustering of dwelling units, open space is preserved for providing recreation areas and/or for scenic, environmental and agricultural protection purposes. In the case of new development, such systems will be permitted only j,g conjunction with the approval of a Special IIse Permit far property located in a zoaed township or a Preliminary Subdivision Plat for property located in an unzoned township. 4. Orange County will evaluate the feasibility of establishing an inspection and monitoring program for alternative wastewater treatment systems, will explore a bonding requirement, and will explore alternative institutional arrangements far shifting the operation and mainteaance of such systems into the .public domain. -5- 9 ___--~ Qal1L 3 - DBVBIAP~.' P1ITTERNS Nithia the County's plaaaiug jarisdictioa, establish dweloprent patterns cos~patible with the goal of directing urban gronth to areas ~rhere it is desirable and can be praatiaally aadefficiently sewed by water and saver fsailities. A. 6ieaeral Policies 1. Public water and sewer facilities should be extended in accordance with the Land Use Slsment of the Orange County Comprehensive Plan. Such facilities will be encouraged, where then are available, in the Plan's Urban and Transition areas, and will b® discouraged in Rural and Agricultural areas except where their provision will enhance the rural character and provide for open space by allowing clustered development. 2. Joint planning should be developed and implemented among the County, its municipalities, surrounding jurisdictions, and utility providers responsible for water and sewer service to guide the extension of.lines in accordance with joint land use plans and water/sewer service boundary agreements. H. Service Capability/Capacity/E:tension Policies 1. A water or sewer system built or extended within a Transition area as defined in the Land Use Element of the Orange County Comprehensive Plan shall be designed, sired, and constructed to the standards of the probable future public utility provider. The location and size of utility easements shall be approved by and dedicated in the form of a deed of easement to the probable future public utility provider. 2. A development project to be served by a public or private water or sewer system must be assured of installation of such service at the time it is approved. "Assured of installation" shall mean that the municipality, private association or water or sewer authority to whose system the development project is to be connected has reviewed and approved preliminary plena for proposed water and sewer lines, the adequacy of the existing system(s) to which the connection(s) will bs made, the capacity of existing water and sewer treatment facilities, the carrying capacity of the discharge stream or discharge point, and the method of fending proposed extensions of water and sewer -6- Sea, ~'.` O Sao S~ ~}PPo~~ ~v Eve ~~/~1 12-21-93 - _ 4 • UTILITY EXTENSION FUND PROCEDURES - Staff will review initial requests. - Any recommendations for County participation should conform with existing plater and Sewer Policy requiring maximum 5- year payback in increased property taxes. Five years is a maximum and staff is encouraged to limit County participation in any individual project so that more projects can be considered. A project must also be evaluated based on Goal 4, Section of the Policy that states: 1. -The project must be assured of having the proper zoning at the proposed site; and 2. The project must improve job opportunities available to Orange County citizens, especially for women and minorities; and 3. The project must provide jobs with wage scales in compliance with Orange County standards adopted from time-to-time; and 4. The project must have a positive fiscal impact upon Orange County government (The cost of services to be provided by Orange County to the project must be less than the local taxes and other revenues paid to the County generated by the project.). A fiscal impact analysis shall be prepared by the applicant and verified by Orange county and using a model provided by Orange County. • 1• { - Once a request is made, the staff will present it to the EDC for a recommendation and then to the Board of County Commissioners for a decision to proceed or not. - Reimbursements should be considered for construction and engineering costs. - County funds should be used as repayment only after projects are finished and the County Engineer has insured substantial completion and compliance to County standards. - Staff should consider need, job creation, wage levels, long- term repayment, long-term stability and any other criteria established by the Board of County Commissioners before making recommendations. - The staff shall provide an annual review of projects funded and their status and impact to the EDC Board. •