HomeMy WebLinkAboutMinutes - 19730507p~~K _7 e~.cE 553
MINUTES OF THE ORANGE COUNTY
BOARD OF COMMISSIONERS
MaY 7, 1973
The Board of County Commissioners of Orange County met in regular session
on Monday, May 7, 1973, at 10 o~alock A,M, in the Conference Room of the
Social Services Building in Hillsborough, North Caroline.
Members Present: Chairman C. Norman Walker and Commissioners Henry S,
Walker, Ira A, Ward, Flora Garrett and Richard E, Whitted,
Members Absent: None,
Upon motion of Commissioner Richard E, Whitted, seconded by Commissioner
Ira A, Ward, it was moved and adopted, that the Clerk dispense with the
reading of the minutes.
Chairman Walker recognized Mrs, Gloria Williams, Representative of the
Community Action Agency and the Orange County Director of the Community Action
Board, Mrs. Williams presented the following statement:
Mr, Chairman and Members of the CoLmty Commission, 2 would first ~
like to extend our appreciatien for granting us the opportunity to
appear before you this morning. As each of you are probably wall I
aware, the future of OEO operated programs are uncertain, and there {
is a strong possibility that oEO funded programs 3n Orange County
will be terminated,
Tha main thrust of operations for OEO in Orange County, has been I
our Neighborhood Centers, Although these centers have not been
administered to the highest degree of efficiency, they have reached
the people, and the people have responded to the efforts of the centers.
If the Community Action Agency is phesed-out, it will represent
a loss of X130,000 in Federal Funds to Orange County. We feel that
these funds have not bean properly utilized, due to rigid Federal
Guidelines and Procedures and a two county operation, which has given
the Orange Co, Cap Brd, little or no control over funds or input in
placing actual and realistic priorities. It has been realized that
the concepts and priorities in which Orange County residents support
are somewhat different from the concepts supported by Chatham. There-
fore, realizing these factors, the Board has made a vain attempt to
salvage our centers through the initiation and preparation of a
proposal based on assessed community needs. Beard members, along with
very resourceful lay individuals have worked days, nights and weekends
to compile this material. This is in no way a political proposal,
but a proposal which comes from the grass#root levels, expressing the
desires and needs of the communities of Northern and Southern Orange
Co. "This is a People Program".
Speaking in behalf of myself and fellow members of the EC, Oppr.
Comm, of Orange County, 2 would like to express that we are desirous
of becoming an independent county operation. Consultation has been
made with the Triangle J Council of Government aad it has been '
indicated, that this might very well be a good move.
We have come up with a budget in which we believe is realistic
and hopefully worthy of your consideration for funding,
I hope that each of you have received copies of the proposal and
if there are questions at this time, we shall be happy to entertain
them,
Discussion ensued concerning the programs that are sponsored by the
Orange County Community Action Agency. It was pointed out that unless loo al
government could assist with the financing of the program then the effort
and the current results to the community would be lost, The Board advised
Mrs. Williams and the other individuals present that this was a budgetary
matter and that same would have to be examined and decided upon when all
r-. the County budgets ware presented.
Chairman Walker recognized Pat Adkins of the Triangle T Council of
Governments, Mr, Adkins advised the Board that according to surveys
conducted b$ the Council on Aging 6,6~ of Orange County~s population was
"° over sixty (60) pears of age, Mr, Adkins presented the fallowing report
F~~K ~ ~~,cE 554
"We are here today for your consideration of an Orange County
Council on Aging. Presently, the towr_ of Chapel H3,11 funds and administers
a Council on Aging. This Council, like the other local Councils an
Aging in the state, are funded ender Title IIT of the Older Americana
Act. Title III provides federal fur_ds matched locally for the
coordination of existing and new services for older adults. While the
Chapel Hill program is a good ono, we at the Region and the Governor's
Council on Aging are interested in developing a program serving all aging
in Orange County.
In terms of funding requirements, an Orange County program has much
to offer to both the County and to Chapel Hi11. First and foremost, a -'
county program, provided it were significantly different in scope from
the town..program, would qualify for 75 25~ matching funds, whereas
the current program is on a 50~ - 50~ match basis. The difference in
the proposed funding levels are as follows:
$6,300 for administration and $6,600 for direct services at a
50~ - 50~ match for a town program.
or
$9 000 for administration and $13,300 for direct services at a
75~ - 25~ match for a county program.
As you can see, the difference in the two approaches is an increased
amount of federal dollars for Orange County ($22,300 versus $12,900
federal dollars) and a decreased level of funding for the town contribution.
Unfortunately, we are working under a major time constraint if it
is agreeable to the town of Chapel Hil]. to go county-wide. The budget for
a county or city program must be submitted to the state on May 15. We
have approached Chapel Hill about these matters and hope to have their
response to this proposal by your May 7 meeting."
Discussion ensued concerning the proposed program.
Unon motion of Commissioner Flora Garrett, seconded by Commissiener Richard
W. Whitted, it was moved, that the Board did agree with the concept and the
programs being sponsored by the County Council on Aging and that the Board
should plan a Point meeting with the Towns of Hillsborough, Carrboro and Chapel
Hill for the purpose of exploring fully the possibilities of sponsoring the
proposed programs for the entirety of Orange County.
Commissioner Henry S. Walker moved that Commissioner Flora Garrett's motion
be amended to read that the Board would explore the possibility of emoting the
proposed programs that are being presented by the Council for the Aging and that __
a joint meeting between the city governmental units be scheduled for Thursday,
Map 10, 1973, at 8 P.M. in the District Courtroom. Cotamisaioner Flora Garrett
agreed to this amendment and the motion was unanimously adopted.
The Chairman recognized George Spransy, member of the Chapel Hi11 Planning
Board. Mr. Spransy introduced Donald We11s, Arthur Hurow and Philip Cooke. All
of these men are the County's appointees to the Flanning Board. Mr. Spransy
explained the P.I.T.C.H. Program being sponsored by the Chanel Hill Planning
Board. He stated that this project had involved student assistance, postage
and other related activity and that the coat of approximately $6,000.DO for the
project had been borne by the Town of Chapel Hill. Mr. Spransy said that he
and the other county members of the Board felt that the County should participate
in the program and should allocate in the 1973-1971!. budget a sum of $7,500.00
for the continuance of the P.I.T.C.R, program. Discussion ensued.
Mr. Spransy requested that the Board consider scheduling a joint meeting
between representatives of the University of North. Carolina, the Towns of Chapel
Hill and Carrboro and the County Planning Board in order to establish a better
chain of communication between the planning agencies of the county, Mark
Burnham endorsed the suggestion. Donald Wells suggested that representatives
of adjoining counties should be included in the discussion as mutual problems
were beginning to arise due to the growth factor.
Commissioner Ira A. Ward suggested that a committee be appointed comprised
of the Chairman of eeah of the Planning Boards and a representative from the
University of North Carolina.
Chairman Walker recognized Mark Burnham and Mr. Burnham presented the
following Water/Sewer System FS:tenaion Policy for Orange County, North Carolina:
1. 'General Prinai lea
The planning, construction and payment for extension of water and
sewer systems in Orange County, North Carolina, and outside the
zoning jurisdictions of the to~~tns of Carrboro, Chapel Hi11,
Hillsborough, and Mebane, shall be accomplished in accordance with
the following general principles:
...,~ 7 r~cE 555
A. Extension shall be made in a manner so as to promote the orderly
growth of the County without regard to municipal or county boundaries
and with the fullest protection being given to the environment and to
the encouragement of desirable development.
B. An acreage privilege fee shall be established to aid in the financing
of new major utility system aomponenta and the replacement or enlargement
and repair of existing components. This charge shall apply to all
properties to which services are extended. The charge shall be
established jointly by the County and by the system providing water or
sewer services.
C. Developers of subdivisions or other properties shall be responsible for
the full costs of installing all the required components within their
properties and for sharing 3n the costs of connecting water and sewer
mains to the existing utility systems. The initial costs of such
extensions shall be borne by one or more developers, with reimbursement
for those costs in excess of their proportionate share.
D. Extensions of these systems to properties loaated outside of subdivisions
or developments shall be financed by the owners of the benefited property.
E. k~penditurea for the construction, enlargement and replacement of each
system's major components and major lines, to the extent that acreage
privilege fees are inadequate, and for the operation of all the utility
facilities shall be met from service charges or contributions in lieu
thereof. The total of acreage charges received that may be in exoess
of costs as established by this policy shall be reserved and used for
system .capital expenditures by the County.
F. The County shall be responsible for providing for the necessary control
of all utility components through contractual agreement with the Town
of Hillsborough or with other utility systems operating in Crange County.
II. Polio
Each developer of land shall be responsible for providing for the necessary
Connection between hie property and the existing County or municipal utility
' system. The connection will be to a point designated and of a capacity
determined jointly by the County and the utility system providing service.
The developer shall be reimbursed far that portion of the costs of such
connection which is in excess of an acreage privilege fee, provided such
~, reimbursement is obtained from acreage privilege fees levied against
property developed simultaneously or subsequent to the installation of the
initial connection by the original developer. The reimbursement period
for each developer will expire ten years following the initial day of service
to his development.
III. FINANCING
A. Aareage privilege fees.
An acreage privilege shall be made against total aareage in each
plot or tract to which utility service is extended after (date)
Tha acreage privilege fee shall be collected by the utility system
before permission is granted to connect to any utility line or other
utility facilities of the County or municipality. Tha schedule of
acreage privilege fees shall be as follows:
1. Residential
a. An aareage privilege fee of per acre shall be
made against all general residential development with four
or fewer dwelling unite per acre to be served (water $ ,
sewer $ ).
b., The acreage privilege fee for residential development with
more than four dwelling units per acre shall be increased in
proportion to the number above four per acre to be served.
For example, the charge for developments with eight dwelling
units par acre would be double that charged for basic
residential development with four or fewer units per acre.
c. Any tract or lot or other land on which there is but one
residential dwelling unit shall be charged a fee not to
exceed the fee for five acres of land. Provided, in cases
covered by this provision and where the total area on which
the residenoe is located exceeds five acres, the owner shall
designate the five acres against which the charge is to be
credited and an acreage fee against any remaining acreage
shall be made when service is extended to any structure
thereon.
~~~~ '7 F~s~ 556
2. Commercial: An acreage privilege fee of per acre shall be
charged against all cotrmlercial acreage to~~erved. When the
county feels that this fee is too high it may determine a lower
fee to comply with the level of uses expaoted. However, in no
instance shall it be less than that charged for basic residential
development.
3, Sndustrisl: The acreage privilege fee for all industrial property
to be served shall be established on an individual basis jointly
by the County and the utility system providing service with primary i
consideration given to the volumes of water to be required. However,
in no ease shall the rate per acre be less than for residential
development. The nature of wastes shall affect service rates if
deemed necessary by the County and the utility system.
(}, Governmental
a. The acreags privilege charge for all property tv be served
which 3s owned by the State of North Carolina or other political
subdivisions or public institutions shall be established vn an
individual basis Jointly by the County and the utility system
providing service, but in no case shall the rate per acre be
less than for basic residential development.
b. All lands dedicated to public use such as attests, highways, allays,
parks and playgrounds shall be excluded from the calculation of
the total acreage against wich an acreage privilege fee shall be
charged. However, where use, as for a park or playground, imposes
a cost on utility systems this cost may be recovered.
S. Subdivisions
With respect to the installation and financing of utility systems to serve
subdivisions, the following policies shall apply:
1. Construction a nroval: Certification that the proposed subdivision has
been approve y the political subdivision having subdivision review
authority over the area of proposed service must be submitted prior to
approval of service, by the County and by the utility system providing
service.
2. Se~werat~e service: Certification that the proposed subdivision is or will
~-served y a sewerage system holding a valid permit for waste disposal
from the North Carolina Board of Water and Air Reaouraas must be submitted
prior to approval of water service by the County and by the utility system.
providing service where water service precedes sewer service.
The provisions of this policy do not prohibit the use of package plants
(extended aeration plants) to serve subdivisions or other developments
lying beyond the service areas of existing public sewerage systems. Such
plants may be used when:
a. Operated under a valid permit issued by the North Carolina Board pf
Water and Air Resources.
b, The complete system is dedicated to or owned by a political subdivision
(to insure provision of certified operators and adequate supervision
and maintenance).
c. The costs of operation, supervision and maintenance are met from
service charges fixed by the proprietary political subdivision.
These sewerage service requirements may be modified in rural or
suburban areas when the zoning ordinance or governing restrictive
covenants require a minimum lot size of
3. Specifications: All installation shall be made according to the
specifications mutually agree upon by the system providing service or
accepting dedication and the county. The specifications shall include
the size of all lines, their location, grade, and materials used and
other specifications deemed necessary by the utility system providing
service.
1~.. Ownership and control; All lines construct ad and connected with the
f'aailities of a utility system under these policies shall become the
property of the system upon completion and acceptance. The utility
system shall have exclusive control of all such lines and shall be
respanaible for their maintenance, repair and operation.
.~~~ 7 F~cE 557
5. Construction: Installation made under a reimbursement agreement
may be carried out by:
a, the developer with his own foxees yr
b. the municipality witkl its forces ox
c, a private contraatox under competitive bidding procedure.
6. Reimbursement:
a, A reimbursement agreement may be entered into between the
utility system and each party installing utility system
components under the reimbursement policy.
b, The coat of installing all the utility components within a
subdivision shall be borne initially by the participating
developer ox developers,
c. The various utility systems components subject to reimburae-
ment shall be:
(1) those between a subdivision and a facility of the County
or utility system and which are so sized and located as to
serve other properties; and
(2) lines within s subdivision which serve lands outside the
aubdiviaion and are of a size in excess of the need of the
aubdiviaion itself. In the second case the cost subject
to reimbursement shall only be the extra cant incurred by
installing lines larger than needed to serve the aubdiviaion
itself, For example, where a $10,000 - 10" line is needed
for the aubdiviaion and a $12,000 - 12" line is installed,
only $2,000 may be reimbursed,
d. All reimbursements shall be made from acreage privilege fees,
collected by the County from land initially or subsequently
served by facilities installed under a reimbursement agreement
and from these only.
Reimbursements to a developer shall be paid by the County
ox utility system to the developer within thirty days following
the and of each year from collection made during that fiscal year.
e. Only the actual volt of the water/waste system components shall
be included in the calculation of .cost subject to reimbursement.
f. No reimbursement of any costs shall be made after ten years from
the date of acceptance of those system aomponenta installed
under a reimbursement agreement.
g, Acreage privilege fees collected from properties served by
facilities installed under reimbursement agreements shall be
applied so as tv satisfy the vlaim from the different agreements
:. in the order in which they were entered into.
C. Other properties
Tn accordance with the general principle that the benefited property
should bear the coat of providing benefits, one or more of the following
methods may be used in providing the utilities and for the provision of
the required oomponents to serve properties not located within sub-
divisions currently under development.
1, Advance payment: Where lots are irregular in shape or size or
where all the owners agree, payment of the full cost in advance
of extension at an equal rate per lot or by such other apportionment
to be determined shall be permitted.
2, Reimbursement olio : The reimbursement policy outlines in Section
B, paragraph above shall be available for use by an individual
property owner who desiree service at some distance fxom existing
facilities and when assessment of or contribution from intervening
property does not appear likely ar feasible,
Detailed discussion arose concerning certain terminology and meaning of
the presented Water/Sewer ~tenaion Policy for Orange Cour_ty, North Carolina.
.^°t 7 F~GE 55B
The Chairman recognized Roger Foushee, Chairman of the Bicentennial of
the American Revolution Committee. Mr. Foushee requested an appropriation
of ~20D.00 for the Bicentennial committee. He stated that these funds would
be used for postage, stationery, box rent and xeroxing as he had incurred
expanses in arranging the last committee meeting. The Board asked Mr. Fouahea
if the requested monies could ba placed in the 1973-1974 budget. He said
this arrangemer_t would be to his satisfaction.
Upon motion of Commissioner Ira A. Ward, seconded by Commissioner Richard '
E. Whittad, it was moved and adopted, that Roger B. Foushee, Chairman of the
Bicentennial of the American Revolution Committee, be reimbursed for all expenses
that had been incurred and that would be incurred between now and July 1st in
behalf of the Bicentennial of the American Revolution Committee.
Mr. Foushee stated that the Bicentennial Committee would, from time to tim®,
need to replace members and add members to its number and that he felt
specifically that a number of younger people should be appointed. He inquired
of the Board as to whether or not the Bioentennial Committee could be granted
the authority to make appointments or if the Board desired that the future
nominees be submitted to them far appointment.
Commissioner Ira A. Ward suggested that the Bicentennial Committee recommend
to the Board the names of any peraong that they wished to have appointed.
This meeting was adjourned in order that the members of the Board might
have lunch and then be sworn in as a Board of Equalization and Review at 2 P.M.
Ths members of the Board met in the office of the Clerk of Court. The oath
of office as members of the Beard of Equalization and Review were adm3,ni,stered.
North Carolina
Orange County
I, Norman Walker, do solemnly swear that I will support,
maintain and defend the Constitution and Lawa of the United States,
and the Constitution and Lawa of North Carolina not inconsistent
therewith and that I will faithfully discharge the duties of my
office as a member of the Board of Equalization ar_d Review of
Orange County, North Carolina and that Y will not allow my actions
as a member of the Board of Equalization and Review ba influenced
by personal or political friendships or obligations, so help me God.
/s/ Norman Walker -
Sworn to before me this 7th day of I'Iay, 1973.
/s/ Joan Terr De ut Clerk of
uperior Court
North Carolina
Orange County
I, Richard E. Whitted, do solemnly swear that 2 will support,
maintain and defend the Constitution and Laws of the United States,
and the Constitution and Laws of North Carolina not incon~iatent
therewith and that I will faithf ally discharge the duties of my
office as a member of the Board of Equalization and Review of Orange
County, North Carolina and that I will not allow my actions as a
member of the Board of Equalization and Reviera be influenced by
personal or political friendships or obligations, so help me.God.
/s/ Richard E. '.•Thitted
Sworn to before me this 7th day of May, 1973.
/s/ Joan Terr De~ut Clerk of
uperior ourt
~:
559
North Carolina
Orange County
2, Flora R. Garrett, do solemnly swear that I will support,
maintain and defend the Constitution and Laws of the United States,
and the Constitution and Laws of North Carolina not inconsistent
therewith and that I will faithfully discharge the duties of my
office as a member of the Board of Equalization and Review of
Orange County, North Carolina and that I will not allow my actions
as a member of the Board of Equalization and Review be influenced
__ - by personal or political friendships or obligations, so help me God,
/s/ Flora R. Garrett ~~
i
Sworn to before me this 7th des of May, 1973.
/s/ Joan Terr Deputy Clerk of
Superior Court
North Carolina
Orange Counts
I, Ira A. Ward, do solemnly swear that 2 will support, maintain ~,'
and defend the Constitution and Laws of the United States, and the
Constitution and Lawa of North Carolina not inoonsistent therewith
and that I will faithfully discharge the duties of my office as a I.
member of the Board of Equalisation and Review of Orange County, North ~;
Carolina and that I will rot allow mg actions as a member of the f.
Hoard of Equalization and Review be influenced by personal or political
friendships or obligations, so help me Gad. II
4;
/s/ Ira A. Ward
':
Sworn to before me this 7th day of Mny, 1973. ;.
/s/ Joan Tarim Deputy Clark of
Superior Court
North Carolina
orange Counts
T, Henry Samuel Walker, do solemnly swear that T will support, i
maintain and defend the Constitution and Laws of the IInited States,
and the Constitution and Laws of North Carolina not inconsistent ~.
therewith and that I will faithfu.lls discharge the duties of my office
as s member of the Board of Equalization and Review pf Orange County,
North Carolina and that I will not allow ms actions as a membex of the
Board of Equalization and Review be influenced by personal or political
PrS:endehipa or obligations, se help ma God.
/s/ Henrv Samuel Walker
Sworn to before me this 7th day of May, 1973.
/s/ Joan Terr Deputy Clerk of
uperior Cov= t
The origSnal copies of the oath are filed with the Mas material of the i
Board in the Register of Deeds office.
Chairman Walker called the Board of Equalization and Review to order.
Thera being no business to come before the Board of Equalization and
Review the meeting wsa adjourned to me®t again on Monday, May 1~., 1973,. at
2 P.M.
The Board of Corraniasionere re-convened in the Conference Room of the
Social Services Building.
Chairman Walker recognized Mark Burnham who presented the proposed
amendments to the Orange County Zoning Ordinance on Planned Unite.
^'{ ~ F~',vE rJbU
"Pursuant to a memo dated January 17, 1972, and a subsequent memo
dated February 12, 1973, the following contains amendments suggested as
necessary to aaoommodate Planned L'nit Developments in Orange County.
The Planned Unit method of development does not increase the dwelling
density over the larger area covered by such a development. The
Planned Unit concept permits grouping of dwelling units in a manner
not regulated by conventional sideyard and setback requirements, but ~-
still requires the zoned densities required by the zoning ordinance
in comparable residential areas. This allows for recreational uses,
open space, and other land features to ba incorporated in such a
development. The standard row-lot approaciz-is often awkward when a
community of houses is desired around a pool or other desirable
development feature.
Planned Unit Development projects era being proposed for Orange County.
The amendments suggested herewith would allow sash developments in the
county in a manner compatible with existing zones and densities.
Under Section $ of the ordinance:
Add at the bottom of page $-2 after the paragraph headed Rural
Processin .District and before the paragraph starting "The specific
uses of proper y and the minimum requirements...":
Planned Unit Development District
The purpose of the Planned Unit Development District is to allow
originality in the planning of a community development by modifying
the minimum and maximum requirements set forth in the above zoning
distriota. It is proposed that development under the Planned
Unit Development district classification will provide for maintained
open spaces and recreational areas, safety features for pedestrian
and vehicular traffic, elimination of unsightly uniformity, and
conservation of the natural features of the land to be developed.
Under Section 6.1, Permitted uses table:
Add a column heading titled "Planned Unit Developments."
Under Section 6.1, Permitted uses table:
Place an "X" under the "Planned Unit Developments" heading after
the following uses: Single Family Dwelling Unit a, Individual -
Mobile Homes on Individual Lots (aa permitted in Section 7),
and Duplex or Multi-Family Dwelling Units (as permitted in
section 10.2).
After section 6.12 of the Orange County Zoning Ordinance add a new
section numbered 6.13 titled "Planned Unit Development" to read sa
follows:
6.13.1 Statement of Intent
Planned Ur_it Development zoning district classification is
intended to allow originality in the planning of a community
development by modifying the minimum and maximum requirements
set forth in residential zoning districts. It is proposed
that development under the Planned Unit Development district
classification will provide for maintained open spaces and
recreational areas, safety features for pedestrian and
vehicular traffic, elimination of unsightly uniformity, and
conservation of the natural features of the Sand to be developed.
6.13.2. Principal Permitted Uses
(a) Single family dwelling units
(b) Two-family dwelling units
(c) Multi-family dwelling units -
(d) Combination of any of the above
"'t ~ PACE ~~~
6.13.4 Other Permitted Usea
By appropriate design and designation on the Planned Unit Development
Plan, the following uses may be allowed:
(a) Recreational facilities and areas
- (b) Stables ~
(c) Community buildings
(d) Country clubs _ .
6.13.5 Lot Requirements
As set forth in the Planned Unit Development Plan and in accordance
with the minimum lot size requirements for residential districts set
forth in section 6.2 of this ordinance.
Setbacks from all exterior boundaries of a Planned Unit Development
shall equal or be greater than the setback requirement of the zoning
district outside that boundary.
No setback or sideyard requirements will be enforced on interior iota '.
of the Planned Unit Development. ~
I
13.6 Minimum area and density requirements j
i
(e) a minimum of 10 (ten) acres will ba required before considering any 'I
application for rezoning under this Planr_ed Unit Development artiole.
(b) Maximum density requirements under this article will be sat by the
Planned Unit Development Plan in accordance with the minimum lot
size requirements for residential districts set forth in section 6.2
of this ordinance.
(c) Duplex or Multi-Family Dwelling Unit Special Use Permits are
issued by the Board of Adjustment under section 10 pf this
ordinance. Tf Duplex or Multi-Family Dwelling Unite are proposed
' as part of a Planned Unit Development plan, specie]. use approval
must be obtained from the Board of Adjustment prior to submission
of the Planned Unit Development Plan.
'•~ 6.13.7 Instruments to be submitted when applying for change of zoning under
this article:
(a) Applicant shall submit with his application to the Orange County '
Zoning Office a minimum of 7 (seven) prints of a Planned Unit
Development Plan which shall include the following information:
(1) Proposed name of development
(2) Names and addresses of the owner (s) and the land planner
(3) North point and date
(L~.) Legal description of the development
(5) Boundary lines of the development in a heavy solid line
(6) Scale - written and graphic
(7) Total acreage
(8) Ekisting contours with intervals of two (2) feet or less
(9) Street pattern within development
(10) Designation of all common areas within the development
(11) Designation of all proposed dimensions for each lot within
the development
(12) Designation of the uses for each lot within the development
~~ (l3) Designation of the uses and improvements in the common areas
within the development
(14} Designation of the proposed height of all buildings in the
development that will exceed 25 (twenty-five) feet in height
• •-~ "~ FA;E ~6~
(b) In addition to the Planned Unit Development Plan, the applicant
shall submit a vicinity map showing the geographic relationship
of the proposed Planned Unit Development Plan to the surrounding
area. The vicinity map steal]. show ma or land use, divisions, and
streets for at least one-quarter (1/)}~ mile on all aides of the
Planned Unit Development Plan.
(c) The applicant shall also submit together with the Planned Unit
Development plan and the vicinity' map all of the necessary legal
documents and materials which will show the manner and method of
improving, developing, and maintaining the common arena within the
Planned Unit Development Plan.
6.13.8 Planning Board Review
In addition to the public hearing procedures set forth in section 15 of
the Orange County zoning ordinance, the Planning Board shall review all
instruments submitted in paragraph eight (S) of this article and shall
approve, disapprove, or make suggestions concerning acid instruments and
shall incorporate said suggestions in the resolution recommending
approval or disapproval of the change of zoning.
The applicant(s) may request an informal review of a Planned Unit
Development proposal by the Orange County Planning Board at a regular
meeting of that board prior to advertisement of the Planned Unit Plan
for public hearing if they desire such review.
6,13.9 County Commissioners
In addition to the procedures set forth in section 15 of the Drange County
Zoning Ordinance, if a change of zoning is allowed under this article by
the Orange County Soard of Commissioners, they shall:
(a) Concurrently with the passage of the resolution changing the zoning
of the proposed area to "Planned Unit Development" zoning, they shall
approve the Planned Unit Development Plan and the instruments and
materials submitted under paragraph eight (8) (c) with any changes,
deletions, or additions as consented and agreed to by the applicants (s).
(b) Applicant (s) and the chairman of the Orange County Board of
Commissioners shall execute the approved Planned Unit Development
Plan, which shall be a reproducible permanent record on linen or
other suitable material and said plan shall be filed in the Orange
County Administrators office as a permanent retard.
6.13,10 Bffect of zone change under this article
(a) A change in zoning to "Planned Unit Development" District will
bind the development of the real property so zoned to the Planne3
Unit Development Plan filed in the County Adminietrator~s office
pursuant to section 6.13.7 of this article.
(b) The Planned Unit Development plan is not a subdivision plat for
any purpose and it, will be necessary tv comply with the subdivision
regulations of Orange County, North. Carolina, before development is
commancad.on the property zoned as a Planned Unit Development District.
(c) Subdividing property contained within the Planned Unit Development
Plan may be in whole by one subdivision plat or in parts by a series
of subdivision rolata, and each subdivision plat submitted under the
procedures of the Subdivision Regulations must be in substantial
compliance with the Planned Unit Development Plan.
5.13,11 Procedure for amending the Planned Unit Development Plan
(a) Amendments of the Planned Unit Development Plan shall be considered
only when one of the following conditions exists:
(1) A clear and obvious hardship would result unless an amendment
is granted.
(2) There was an error or mistake in the plan.
(3) inhere has been a change in conditions in the surrounding area
which would necessitate a change in the plan.
(b) Aroplication for amendment(s) of the Planned Unit Development Plan
ah.all be filed with the zoning officer of Orange County.
s;
. °°~ '7 FncE 563
(c) A point public hearing of th'e Planning Board and the Soard of
County Commissioners of Orange County shall hear all testimony
and evidence concerning the amendment. Notice for this public
hearing shall be given in accordance with section is of the
Orange County Zoning Ordinance.
(d) Within thirty (30) days of the public hearing referred to in I
paragraph (c) above, the Orange County Planning board sha17
make recommendations in the form of a resolution to the County ~
Commissioners aoncerning th.e proposed amendment. Failure to
forward a resolution within thirty (30) days constitutes a
favorable recommendation.
(e) After receipt of the Planning Doard resolution the County i
Commissioners may amend the Planned Unit Development Plan, and if ~'~
any amendment is so allowed the applicant(s) and the Chairman of
the Orange County Soard of Commissioners shall execute the amended
Planned Unit Development Plan and file the amended plan in the
County Administrators office with the original plan.
Mr. Burnham then presented An Amendment to the Orange County Zoning
Ordinance making Sanitary Landfills a Special Uae
"ln the present Orange County Zoning Ordinance, sanitary ~.
landfills are permitted in Rural Industrial districts. To create
a Rural Industrial district strictly for. sanitary landfill use j
would not be advisable for at least three reasons: ~
1. A sanitary landfill is r_ot an industrial use. Tn fact,
sanitary landfill operations are incompatible with industrial
uses because a sanitary landfill renders property unsuitable j
far industrial use. Buildings cannot be safely built on a i
sanitary landfill because of settling, gas generation, and ~
other problems.
2. The Rural Industrial zoning would continue after the land I
is no longer used for sanitary landfill purposes. No control j
over former sanitary landfill land could be exercised by the
county and an industrial use incompatible with the surrounding
area could be legally moved in.
~. Because of increased demand for land for sanitary landfill
purposes it is not 3ust possible but probable that in the
future private enterprise will enter the solid waste disposal
field and Orange County will be called vn to rezone land for
a privately operated landfill. Under the present ordinance
this would result in a request for industrial rezoning that,
if rezoning were accompli shad, would allow any industrial or
landfill us@ for the property in question. This would not
be a good situation. There should be roravision for sanitary
landfill use only, with regulation and buffering appropriate
to that use required.
Because of these reasons amendments to the Orange County Zoning
Ordinance era suggested that would remove sanitary landfills ea a permitted
use under Rural Industrial classifications and would make them a special
use under permits issued by the County Commissioners after a Soint public
hearing with the County Planning Board.
Tha first amendment would strike out the line headed "Sanitary
Landfills°' in the table of permitted uses given in section b.l of the
Orange County Zoning Ordinance.
The second amendment would add a section numbered 10.8 to the Orange
County Zoning Ordinance, a suggested text for which follows:
Section 10.8 Sanitary Landfills
The Orange County Board of County Commissioners shall be
empowered to issue Sanitary Landfill Use permits.
Proposals to establish a sanitary landfill site may be
initiated by the Board of Commissioners, by the Crange County
Planning Board, or by petition by any interested persons or
governmental agency. All such proposals shall be referred to
the Planning Soard for its consideration and recommendation.
In no case shall final action be taken to establish a Sanitary
landfill site until a duly advertised public hearing is held.
10.8.1 Sanitary Landfill Special Use Permit Procedure
10.8.1.1 Any sanitary landfill site proposal shall
be submitted to the Zoning Officer in
writing and in complete detail at least
20 days prior to the regular public
hearing provided ir_ Section 15.2.2.
- w
~~..~ ~ FACE 56~
10.8.1.2 Tha Board of Commissioners and the Planning Board
shall hold .a joint publia hearing on any sanitary
landfill site proposal, advertising such a hearing
once a week far two consecutive weeks with the first
advertisement appearing not less than 15 days prior
to said hearing, in a newspaper of genaxal circulation
in the appropriate portion of the county before -,
talcing action concerning proposed sanitary landfill
special-use permits.
10.8.1.3 The Zoning Officer shall post on ac~y affected property
a notice of the public hearing at least 10 days prior
to the date of said hearing.
10.8.1.x. The Planning Board shall submit its recommendations on
any proposed sanitary landfill sites to the Board of
Commissioners within 3b days after such proposals have
been referred to the Planning Board for its consideration.
Failure to do so shall constitute a favorable recommendation.
10.8.2 Befors ieauing a Sanitary Landfill Special Uae Permit the Orange County
Board of Commissioners and the Orange County Planning Board shall make
the following findings.
10.8.2.1 The lot size shall be not lass than 10 acres.
10.8.2.2 TA.at the site and plsna for the sanitary landfill operation
meet the approval of the North Carolina State Board of
Health Solid Wastes Disposal Section and follow the North
Carolina State Board of Health rules and regulations
providing standards for solid waste disposal.
10.8.2.3 That a buffer strip of not less than 100 feet measured from
all exterior property lines and main travelled roadway right
of way lines shall be maintained free of landfill operatinna,
atruatures, Qehicle or equipment parking, and outdoor storage.
10.$.3 To protect the health, safety, and ger_eral welfare of the community, the
operation under a Sanitary Landfill Special 17se Permit shall be reviewed
and a permit renewal required every two years at a regularly scheduled
quarterly public hearing before the Orange County Planning Board and
County Commissioners. Notioe of such permit renewal proceedings shall be
posted on the property and advertised in the same manner as the original
permit application.
10.8.4 The Sanitary Landfill Special Use Permit will automatically terminate
when the site is no longer used for Sanitary Landfill activity and no
material has bean buried for a period of 90 days."
The Chairman recognized the County Administrator. Mr. Gatos read letters
from Representative Patricia Stanford Hunt. Said letters requested that the
Board advise her of their opinions relative to the proposed Hunting Legislation
and the Sediment Control Legislation that was now in committees. Mr. Gatos
advised the Board that Mrs. Hunt was of the opinion that unless public utilities
were exempt from the Sediment Control legislation that the proposed local bill
would not be allowed out of committee. Discussion ensued. The Board agreed that
that' did not wish to have public utilities excluded from the proposed bill. The
Clerk was instructed to inform Mra. Hunt of the action of the Board.
The County Administrator advised the Board that Mrs. Hunt did not specify
any particulars relative to the proposed Hunting Legislation. Chairman Walker
stated that ha felt that the hunting season for the County should be opened
and closed on the same dates as the season in other counties. Commissioner
Richard E. Whitted stated that he was opposed to opening areas that were net
currently open for hunting and that he had particular reference to Eno Township.
Commissioner Henry 5. Walker stated that he wanted to remind the Board that they
represented the entire county and that deer and other game generally stayed away
from the denaly populated areas. Commissioner Sra A, Ward stated that he did
not hunt, therefore, ha did not have a strong feeling one way or another about
the matter. Commissioner P'lora Garrett was not present for the first part of
the discussion. When she returned to the meeting Chairman 'dalker requested that
she express her opinion. Commissioner Flora Garrett stated that she felt the
Board should endorse the statewide bill that had been introduced by Representative
George Miller of Aurham that would prevent hunting on all state road right of ways. _
Discussion ensued concerning the problems that could arise from such legislation
and the discussion then turned to the use of high powered rifles versus shotguns.
"""i ~ F„CE c~6~
Upon motion of Commissioner Flora Garrett, seconded by Commissioner Richard
E. Whitted, it was moved and adopted, that the Board endorse the statewide
bill, which was introduced by Representative George Miller of Durham County,
that would prohibit hunting along or on all state road right of ways.
Upon motion of Commissioner Henry S. Walker, seconded by Commissioner
Richard E. Whitted, it was moved and adopted, that Orange County's hunting
season would open and would close on the same dates as the hunting season in
adjoining counties and the game lands in this area.
The Clerk was instructed to notify Representative Hunt of the action of
the Board and to forward a copy of the letter to the Ylildlife Commission.
Discussion arose concerning the Water and Sewsr policy that had been
presented earlier in the meeting. The Board instructed the County Administrator
to secure some guides concerning acreage privilege fees and the County
Attgrney was instructed to inspect the contents of the proposed ordinance. It
was agreed that the matter would be discussed further at either the May lsth
meeting or the next regular monthly meeting.
The Chairman recognized Clayton Raithcock, County Planning Officer.
Mr. Haithcock stated that the following plats had been approved by the County
Planning Board:
1. Roberts Construction Company property, fourteen (11}) lots on Purefoy
Drive in Chapel Hill Township, dated April 9, 1973.
Upon motion of Commissioner Henry S. Walker, seconded.by Commissioner lra
A. Ward, it was moved and adopted, that the plat be approved.
Commissioner Flora Garrett brought up the matter of the owner and/or
developer ppsting bond for the completion of streets. She felt that the bond
should be posted prior to the Boards approving the plat. Discussion ensued
concerning the wording of ,Section la. of the Subdivision Ordinance.
Chairman Norman Walker called for a vote vn Commissioner Henry Walkers
motion. Commissioners Richard E, Tdhittad, Henry S. Walker and Ira A. Ward
voted aye. Commissioner Flora Garrett voted nay.
2. Roberts Construation Company property, Section 1 and Section 2 of
Pine Oaks Subdivision located off highway #10 in Chapel Hill Township
dated April 10, 1973.
Mr. Haithcock advised the Board that the County Planning Board had approved
the two plats subject to the percolation test which was to be made by the
District Health Department. Commissioner Flora Garrett brought to the attention
of the Board that the County Zoning Ordinance prohibited the approval of any
subdivision plat prior to the presentation of the required percolation test.
She stated that the percolation test that had been presented by Mr. Roberts to
the Board of Commissioners had not yet been presented to the County Planning
Board, therefore, she felt the Board of Commissioners would be violating the
ordinance if they approved Section 1 and Section Z of the Pine Oaka Subdivision.
Discussion ensued concerning the wording of the Subdivision Ordinance relative
to the required percolation teat. It was agreed that clarification of the
ordinance, the policy and the procedure should ba made.
Upon motion of Commissioner Richard E. Whitted, seconded by Commissioner
Flora Garrett, 3t was moved and adopted, that the two plats entitled "Section
1 and Section 2 of the Pine Oaks Subdivision be referred back to the County
Planning Board for review of the report of the percolation teat.
3. Plat of John Robert Pearson and Andrew S. Davie off of SR 1gLG1~ in
Chapel Hill Township dated March 7, 1973.
Upon motion of Commissioner Ira A, Ward, seconded by Commissioner Flora
Garrett, it was moved and adopted, that_the plat be approved.
1}. Plat of Eugene Grace off of #86 in Chapel Hi11 Township dated April
7, 1973.
Upon motion of Commissioner Henry S. Walker, seconded by Commissioner Ira
A. [lard, it was moved and adopted, that the plat be approved.
5. Section 1, Rambling Heights, on Piney Mountain Road in Chanel Hill
Township dated April 4, 1973.
Upon motion of Commissioner Ira A. Ward, seconded by Commissioner Henry
S, Walker, it was moved and adopted, that the plat be approved.
~~~ '7 F~cE 56~
6. One acre belonging to Sylvia Denson in Chapel Hill Township dated
April 3, 1973.
Upon motion of Commissioner Ira A. Ldard, seconded by Commissioner Flora
Garrett, it was moved and adopted, that the plat be approved.
7. William Lloyd and wife, located on the Bethel Church P.oad, in
Chapel Hill Township dated April 12, 1973.
Upon motion of Commissioner Henry S. Walker, seconded by Commissioner
Flora Garrett, it was moved and adopter} that the plat be approved,
8. Property of bon Paschall, Jr, on SR 1716 in ~o Township dated April
7, 1973.
Upon motion of Commissioner Henry 5, Walker, seconded by Commissioner
Richsrd E. Whitted, it was moved and adopted, that the plat be approved.
9. Final plat of the Able Johnson Estate in Chapel Hill Township, dated October,
1972.
Upon motion of Commissioner Henry S, Welker, seconded by Commissioner Ira
A, Ward, it was moved and adopted, that the plat be approved.
Commissioner Flora Garrett inquired as to Whether or not the Board, in
some past action, had not requested that all preliminary plats be presented to
the Board prior to final approval. Discussion ensued.
The County Planning Officer was requested to bring all preliminary plats
that he had in his poaseasion for the inspection by the Board.
The County Administrator advised the Soard that he had received a letter
from the North Carolina Man Power Counail and that said letter had advised
that Orange County would receive a summer work grant of approximately $37 600.
Said letter stated that this amount would fund approximately ninety-four 911.)
jabs for youths from below poverty level families, the unemployed under forty-
five years of age, Vietnamese veterans under twenty-nine years of age and
students not from poverty families. Discussion ensued concerning the administration
of this program. Mr. Gattis advised the Board that he had discussed the summer
work grant with the Board of Education and the Neighborhood Youth Core Supervisor
and these agencies felt that they could administer the program. ,.
iTpon motion of Commissioner Richard E. Whitted, seconded by Commissioner
Ira A, Ward, it was moved and adopted, that the County accept the public
employment program being sponsored by the North Carolina Man Power Council,
Tt was agreed that the Watershed Protection proposals that are listed as
6B of the agenda be referred until the May 15th meeting.
Commissioner Flora Garrett, the County's Representative on the Triangle J
Council of Governments, presented the proposed budget of the Counail of
Governments and she pointed out that Orange County's proportionate share for
the 1972-1973 budget was $8 355.00 and that the tenative 1973-1971 proportionate
share would amount to $12,58.00. Discussion ensued an the matter. Commissioner
Flora Garrett stated that the Council needed to bQ advised oP Orange County's
intentions relative to the budget by May 16, 1973.
Upon motion of Commissioner Flora Garrett, seconded by Corx2issioner Richard
E Whitted, it was moved and adopted that the County give tentative approval to
the proposed budget that had been submitted by the Triangle J Council of
Governments.
Chairman Walker stated that the Soard needed to consider item 11, Emergency
Medical Services Committee, request for a $250.00 appropriation. He requested
Commissioners Flora Garrett and Henry S, Walker to report on the meeting that
they had attended as representatives of the Soard to the Emergency Medical
Services Committee. Commissioner Flora Garrett stated that in the planned
organization the Board would be required to appoint a Consumer (a public member)
tc the committee. Commissioner Henry S, Walker stated that he felt that the
Board had obligated itself to support the committee.
Upon motion of Commissioner Henry S, Walker, seconded by Commissioner Flora
Garrett, it was moved and adopted, that the County appropriate the sum of
$250.00 to the Emergency Medical Services Committee.
Upon motion of Commissioner Richard E, Whittad, seconded by Commissiener Ira '
A. Ward, it was moved and adopted, that X,aay W, Tinnin of Route 1, Box 152-A,
Cedar Grove, N. C „ be appointed as the Consumer to the Emergency Medical
Services Committee.
r"`~ ~ P',SE 56'7
The County Attorney stated that he had drawn the deed for the Burnside
property from Orange County to Noss Rebecca Wa11. Chairman Walker was
authorized to sign said deed.
The County Attorney stated that he had received a letter from Bryant,
Lipton, Bryant and Battle requesting that a release be executed on a portion
of the property covered by an old age assistance lien. NIr. Cheshire
exp7.ain®d that Albert Hackney was the holder of a fee simple title deed to
other lands and that the requested release would not affeot the County~s
interest in the property owned by Albert Hackney.
Upon motion of Commissioner Ira A, Ward, seconded by Coimnisaianer Henry
8. Walker, the County Attorney was authorized tc release the lien against
properties owned by Albert Hackney.
The County Attorney advised the Board that Judge Bailey had signed an
order directing the Clerk of Superior Court to provide transportation for a
special venire of one hundred and twenty-five (125) persona from Alamance
County to Orange County for the June 25th term of court. Discussion ensued.
The Board agreed to authorize the Clerk tv lease the required number of
buses for the transporting of the jurors from Alamance County to Drange
County and that after the jury had been selected then the Clerk was authorized
to pap. the travel expenses of the jury members. !
I
Th® County Attorney was reauested to advise the Clerk of Court of this
action.
The County Planning Officer presented the following preliminary plans
to the Board:
1. Barrington Hills, property of Williams and Curl, containing 49 lots
in Chapel Hill Township and will include 4 phases dated !{./6/73. j
2. Plat of A. K. Jackson, property in Eno Township located between
I-a5 and Highway 70, will contain 31~ lots and has recently been '
zoned for general commercial purposes. j
It was agreed that item 12, Building and Plumbing Inspection Program,
*orould be referred tp the I4ay 15th meeting.
The County Administrator advised the Board that he had received a ~
letter requesting the Cour_ty to release its right to six hundred (6D0) square
feet of space in the old Chapel Hill Post Office on Franklin Street. NIr.
Gattia explained that Federal Law gives the right tv th® city and the County i
to rent space in Federal buildings and that before the Federal.Government
can lease any space to the Employment Security Commission, the County must
release its right to lease the property before the town can lease the
property. Commissioner Ira A. Ward stated that he 'sad no objections to ~
rele&aing the six hundred (600) square feet, but that he would be reluctant
for the County to relinquish all of its rights in the property. Discussion
ensued.
Upon motion of Cvrranissioner Ira A, Ward, seconded by Commissioner Richard
E. Whitted, it was moved and adopted, that the County waive for a period of
five years any right to its nortivn of the six hundred (600) square feet
that is located in the Old Chanel Hi11 Post Office building.
The County Administrator advised the Board that item 15, Proposed 1973-
1971} Social Services Department Budget, would have to be postponed because
the budget was not prepared.
The County Administrator called the attentien of the Board to item 17,
request of E. J. Evans for the County to relosae the interest in the amount
of $115.23 on the tax bill of the T. E. P. Fraternity. The County Administrator
stated that he recommended that the Board not accept the request of NIr. Evans
relative to the releasing of the interest. Discussion ensued.
Upon motion of Commissioner Tra A, Ward, seconded by Commissioner Richard
E. Whitted, it was moved and adapted, that the County Administrator advise NIr.
Evans that the Board declines the request to release the interest due on the
tax bill of the T.E.P. Fraternity.
The Chairman stated that the Clerk had received correspondence from the
State Highway Commission relative to the construction of the 8eawe1l Elementary
School road and the re-location of $R 13D3 which had been done at the request
of the property owners. '
~~°r '~ P; GE 56$
Upon motion of Commissioner Ira A. Ward, seconded by Commissioner
Richard E. Whitted, it was moved and adopted, that the Board approve the
construction o: the Seawell Elememtary School Road and the re-location
of SR 13D3.
There being no further business to come before the Board the meeting
was adjourned to meat again on Thursday, May L0, 1973, at 8 P.M, in the
District Courtroom. '
C, Norman Walker, Chairman
Betty June Hayes, Clerk
MINUTES OF THE ORANGE COUNTY
BOARD OF COMMISSIONERS
May 10, 1973
The Board of County Commissioners met in specs&1 session on Thursday, May _
10, 1973, in the District Courtroom at the County Courthouse in Hillsborough.
Members Present: Chairmar_ C. Norman Walker, and Commissioners Benry S. '
Walker, Ira A. Ward, Flora Garrett and Richard E. Whitt ed.
Members Absent: Tdone.
This meeting was held in order that the Board might hear Pat Adkins,
Regional Coordinator far the Governors Council for the Aging, discuss the
possibility of creating a County-T,Jide Council on the Aging.
j --
'~"• Alderman Fred Chamblee was present representing the Town of Carrboro.
. 'Council .Tohn Roberts was present representing the Town of Hillsborough. Alderman
Srirley , Ross Scrogga and Joa Nasiff were present representing the
Town of Chapel Hi11. These representatives were invited to attend this meeting
as the program for the Council for the Aging wa= of mutual interest to each
governmental ur_it. Considerable discussion ensued ea how a Council on the Aging
would be organized and would function, The programs presently in affect in the
Town of Chanel Hi11 was reviewed.
Upon motion of Commissioner Ira A. Ward, seconded by Commissioner Richard
E. Whitted, it was moved and adopted, Orange County would participate in a
County-Wide Council on the Aging and that it would support the program up to
but not exceeding the amount of $3,D00.00.
There being no further bus~neas to coma before the Board the meeting was
adjourned.
C, Norman Walker, Chairman
S, M. Gattis, Acting Clerk
s