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Home My WebLink AboutAgenda - 02-02-1999 - 9bORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 2. 1999 Action Agenda Item # q - b SUBJECT: PROPOSED RECONSIDERATION OF THE FACILITATED SMALL AREA PLAN FOR CARRBORO'S NORTHERN STUDY AREA AND JOINT PLANNING AGREEMENT AMENDMENTS RELATIVE TO TRANSITION AREA I AND H AND "FLOATING" CONDITIONAL USE DISTRICTS DEPARTMENT: Planning PUBLIC HEARING: Yes _x No ATTACHMENT(S): INFORMATION CONTACT: Gene Bell - Resolution Ext. 2592 TELEPHONE NUMBERS: Hillsborough -732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To consider adoption of proposals to amend the Joint Planning Area Land Use Plan and Map (JPA -2 -98) and the Joint Planning Agreement to incorporate the Facilitated Small Area Plan (SAP) for Carrboro's Northern Study Area. BACKGROUND: At the Commissioners meeting on January 19, 1999, Board discussion on the adoption of proposed amendments to the Joint Planning Area Land Use Plan and Map and Joint Planning Agreement prompted questions about consolidation of Carrboro Transition Areas I and II (T -I and T -II) into a single transition category Area for the Northern Study Area. Orange County and Carrboro planning staff were directed to address the significance of the T -I - T -II distinctions and report back at the February 2 Commissioners' meeting. Likewise, Town and County attorneys were asked to address the public hearing implications of additional T -I - T -II discussions and report on at the February 2 meeting. A meeting of the Orange County Manager, Attorney, and Interim Planning Director with the Carrboro Town Manager, Attorney, Planning Director, and Land User Planner was held on January 22, 1999 to discuss the above - referenced issues. Recommendations from that meeting are summarized below as "Points of Discussion." Resolutions "A" and "B" operationalize what was discussed at the January 22, 1999 staff meeting. ORANGE COUNTY HILLSBOROUGH NORTH CAROLINA MEMORANDUM TO: Orange County Board of Commissioners FROM: John M. Link, Jr., County Manager DATE: January 28, 1999 RE: Item 9 -b - February 2, 1999 BOCC Agenda Item 9 -b "An Item for Reconsideration- =Acilitated Small A Northern Study Areal Joins Planning Agreement Amendmen Area I and II and "Frg" Conditional Ilse Districts" is bed: Planning Staff and �Aq. I>t v� distributed on 'Pr 1asta"s/ced 1762 for Carrboro's e to Transition ,d by the wary 29, 1999. AREA CODE (919) 732.8181 • 968 -4501 • 688 -7331 • 227 -2031 • FAX (919) 644 -3004 Ext. 2300 z Points of Discussion 1. Retain the T -I - T -II distinction in the Carrboro Northern Transition Area which limits density in T -II to one unit per acre until development in T -I reaches 75 %, except that Village Mixed Use (VMU) and Office /Assembly (O /A) conditional use districts may be approved in T -II at densities greater than one unit per acre before the 75% development level in T -I is reached. 2. Change the definition of "developed" to include lots of any size that, by virtue of restrictive covenants or governmental regulations, cannot be further subdivided. 3. General, as well as conditional use rezonings in T -I and T -II require joint Town and County approval. Advantages • BOCC retains role in general rezonings • BOCC has role in VMU and O/A conditional use rezonings • Basic framework for Transition Area remains intact so general rezoning to higher density in T41 not possible until 75% development level reached in T -I • Creates mechanism to implement recommendations of Facilitated Small Area Plan • One of the prime areas for village -type developments is believed to be located in T -II • Retention of T-I - T -II does not appear to present a consistency problem with the SAP as long as the village rezonings are not subject to the T -II density limitations • No additional public hearings (joint or otherwise) required Disadvantages • Changing the definition of the "75% development" level in T -I has not received adequate public comment; its impact on the T -I - T -II concept are not known at this time (this item is not included in Resolution A, but is referenced in Resolution B, section II.d, as an item the Board may be willing to consider at an appropriate time in the future). RECOMMENDATION: The Administration recommends adoption of the attached Resolution A. The procedure by which that can be accomplished is as follows: (1) A commissioner who voted on the prevailing side must move to reconsider the commissioners' action of January 19, 1999. At that meeting, Commissioners Gordon, Halkiotis and Brown voted against the three -part resolution presented at that meeting. The motion failed by a three -two vote, Commissioners Gordon, Halkiotis, and Brown voting no; Commissioners Jacobs and Carey voting yes. (2) If the motion to reconsider passes, then the floor is open for a motion to adopt Resolution A. Resolution B is provided for use as the Board decides. L RESOLUTION "A" A RESOLUTION I. AMENDING THE JOINT PLANNING AREA LAND USE PLAN TO INCORPORATE THE FACILITATED SMALL AREA PLAN FOR CARRBORO'S NORTHERN STUDY AREA II. ADOPTING A JOINT PLANNING AGREEMENT AMENDMENT TO IMPLEMENT RECOMMENDATIONS CONTAINED IN THE FACILITATED SMALL AREA PLAN FOR CARRBORO'S NORTHERN STUDY AREA WHEREAS, Orange County, the Town of Chapel Hill, and the 3 Town of Carrboro entered into a Joint Planning Agreement, dated September 22, 1987, as amended April 2, 1990, and WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land Use Plan was,adopted on October 13, 1986 by all parties to the Joint Planning Agreement, and has since been amended on several occasions; and WHEREAS, A Small Area Plan that provides a framework for the future use of land within Carrboro's northern growth area was accepted by the Carrboro Board of Aldermen on August 19, 1997, and WHEREAS, the Small Area Plan was the product of a four year .planning process that involved numerous public officials, -planners, and residents of the affected area, culminating in a two -day facilitated workshop sponsored by Orange County, Chapel Hill, and Carrboro; and WHEREAS, the geographic area covered by the Small Area Plan includes Carrboro's Transition Area as identified in the Joint Planning Agreement, which area is also covered by the Joint Planning Area Land Use Plan; and 1 4 WHEREAS, implementation of the recommendations contained in the Small Area Plan requires certain amendments to the Joint Planning Area Land Use Plan; and WHEREAS, the Small Area Plan was considered by Orange County, the Town of Chapel Hill, and the Town of Carrboro at a Joint Public Hearing on April 8, 1998; I. NOW THEREFORE, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY HEREBY RESOLVES THAT THE JOINT PLANNING AREA LAND USE PLAN BE AMENDED AS FOLLOWS: 1. Section VII of the Plan ( "Overview of Implementation Strategies") is amended on page 91 by adding under the heading "Coordination with other Plans" a second paragraph to read as follows: "Without limiting the generality of the foregoing, the 'Facilitated Small Area Plan for Carrboro's Northern Study Area,' accepted by the Carrboro Board of Aldermen on August 19, 1997, is specifically incorporated by reference into this Plan and supersedes any provisions of this Plan that are inconsistent with the Small Area Plan with respect to the CJDA Transition Area." See Exhibit A. 2. Section V of the Plan ("Joint Planning Operating Principles ") is amended on page 59 by adding the following sentence immediately under subparagraph 5: "This density limitation does not apply to Village Mixed Use districts or Office /Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro's Northern Study Area." See Exhibit A. 2 I L 5 3. Section VI of the Plan ( "Future Land Use - Joint Planning Area ") is amended on page 71 by adding to the first paragraph, at the end of the first paragraph, under the heading "Transition Areas," the following: "The density limitations detailed in this paragraph do not apply to Village Mixed Use districts or Office /Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro's Northern Study Area." Section VI of the Plan ( "Future Land Use - Joint Planning Area ") is further amended on page 71 by adding to the second paragraph under the heading "Transition Areas" the following: "The Facilitated Small Area Plan for Carrboro's Northern Study Area supersedes the Joint Planning Area Land Use Plan in the Carrboro Transition Area to the extent that it is inconsistent with the Joint Planning Area Land Use Plan." See Exhibit A. The amendments to the Joint Planning Area Land Use Plan shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill and Carrboro. II. p NOW THEREFORE, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY HEREBY RESOLVES THAT THE JOINT PLANNING AGREEMENT BE AMENDED AS FOLLOWS: 1. Section 1.2H (Definitions) of the Agreement is amended by adding the following sentence immediately under subparagraph 5: "This density limitation does not apply to Village Mixed Use districts or Office /Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro's Northern Study Area." See Exhibit B. 9 6 2. Subsection 2.6E of the Agreement is amended by rewriting the second sentence as follows: "With respect to property that is located within the CJDA Transition area, changes in zoning classifications, including the creation of or changes to the 'floating' conditional use districts designed to implement the recommendations of the 'Facilitated Small Area Plan for Carrboro's Northern Study Area' (Village Mixed Use conditional use districts or Office /Assembly conditional use districts) may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Carrboro following a joint public hearing by the two governing bodies." See Exhibit B. The amendments to the Joint Planning Agreement shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill and Carrboro. Upon motion of Commissioner seconded by Commissioner the foregoing resolution was •adopted this the day of 1999. R I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. 4 of 7 WITNESS my hand and the seal of said County, this day 1999. Clerk to the Board of Commissioners mydocuments \jparesolutionrevised.doc 61 Exhibit A 8 (SECTION VII - OVERVIEW OF INIPLETN EN'TATION STRATEGIES) service in the watershed would be reconsideied following, a study regarding the advisability of such extensions. Public Investments Development of a capital improvements program and budget is a key implementation tool. It requires integrating both County and municipal plans with recommendations and priorities for programming the fiscal outlay for capital improvements during the plan period. This administrative tool provides decision- makers with guidance mechanisms aimed at coordinating the improvement of the provision of public services and facilities with the private development they are.intended to serve. In particular the provision of water and sewer facilities, roads, schools and parks, among others, should be considered and approved in light of their development inducing impact on a specific area. Coordination with other Plans A successful and acceptable planning program necessitates the maximization of coordination between the Land Use Plan and other official plans and policies and the minimization of "conflicting signals". The plan should seek consistency with existing. local, regional, state and federal plans and policies. Without limiting the generality of the foregoing, the "Facilitated Small Area Plan for Carrboro's Northern Study Area," accepted by the Carrboro Board of Aldermen on August 19, 1997, is specifically incorporated by reference into this Plan and supersedes any provisions of this Plan that are inconsistent with the Small Area Plan with respect to the CJDA Transition Area. Public Education and Awareness The primary and most effective implementation tool is the acceptance and commitment of the general citizenry to the concept of the planning process and the product evolving from that process: a Land Use Plan. Since the planning process necessitates tradeoffs between the public and private use of land in a legal climate where property ownership and use is highly revered, public awareness and support and, consequently, public participation in the process should be facilitated and encouraged_ Exhibit A (SECTION V - JOINT PLANNING OPERATING PRINCIPLES) 9 The portion of the Transition Area located north of Carrboro has been further divided into Transition Area I and Transition Area H designations on the Joint Planning Area Land Use Plan. Transition Area I may be developed at densities and for uses identified in the underlying land use plan categories described below. Within Transition Area II, however, no tract may be approved for development at a density that exceeds one (1) housing unit per gross acre until at least seventy -five percent (75 %) of the gross land area of Transition Area I consists of any combination of the following: 1. Lots containing one (1) acre or less; 2. Residential developments approved for development at a density of at least one (1) unit per acre; 3. Streets, roads, and utility easements located outside of lots containing one (1) acre or less; 4. Lots or tracts that are used for commercial, industrial, institutional, or governmental purposes; and 5. Tracts that are owned by the University of North Carolina or other non -profit entities and that are not available for development. This density limitation does not apply to Village Mixed Use districts or Office/Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro's Northern Study Area. The underlying or more detailed land use plan categories include: Resource Protection; Public- Private Open Space; New Hope Creek Corridor Open Space; Suburban Residential; Urban Residential, Office - Institutional; Future UNC Development; Retail Trade; Light Industrial; and Disposal Use. These categories are described below. Resource Protection Areas designated within Transition Areas of the Joint Planning Area Land Use Plan include floodplains, wetlands along drainage tributaries, and steep slope areas (15% or greater). The areas form the basis for a parks and open space system (see Strategy Maps) which provides the framework within which other land uses are situated. Public- Private Open Space Areas in the Transition Areas include UNC lands (excluding Horace Williams Airport and adjacent tracts), the 100 -foot buffer along I -40, and a tract connecting the two landfill sites. These sites provide open space in the midst of areas planned for urban expansion. New Hope Creek Corridor Open Space Areas include some of the Resource Protection Areas and a portion of the Public/Private Open Space Areas which were designated as significant and worthy of protection according to the New Hope Corridor Open Space Master Plan completed in April of 1991. (See Master Plan Map following Strategy Maps). The areas are part of a system of open space in Durham and Orange Counties along New Hope Creek and its tributaries between Eno River State Park and U.S. Army Corps of Engineers land north of Jordan Lake. This category is made up of critical environmental areas such as stream beds, floodplains, steep slopes, and larger tracts of historic, educational, or recreational value. 59 Joint Planning Land Use Plan Exhibi t A 10 SECTION VI FUTURE LAND USE - JOINT PLANNING AREA In this section, anticipated patterns of future land development are outlined for the Joint Planning Area, exclusive of Carrboro and Chapel Hill- The future land use patterns described in this section are based, in part, on the population, economic and existing land use trends identified in background studies. Also considered in the formulation of these patterns were environmental features, infrastructure and service concerns, operating principles, locational standards and concept/strategy maps developed for the Joint Planning Area or currently existing in the Orange County Land Use Plan. Finally, comments received at public hearings, public information meetings, and the recommendations of town and county advisory and governing boards were considered in the formulation of the plan. The discussion of the Plan centers on two broad categories of land use - Transition Areas and the Rural Buffer. *TRANSITION AREAS *Amended 2/3/92 (effective, 2/24192) Transition areas are located adjacent to the urban areas of Chapel Hill and Carrboro. They are in the process of changing from rural to urban uses or are already urban in use; are developed at or suitable for urban - type densities; and are now provided or are projected to be provided with urban services. The portion of the Transition Area located north of Carrboro has been further divided into Transition Area I and Transition Area U designations on the Joint Planning Area Land Use Plan. Transition Area I may be developed at densities and for uses identified in the underlying land use plan categories described below. Within Transition Area H, however, no tract may be approved for development at a density that exceeds one (1) housing unit per gross acre until at least seventy -five percent (75 %) of the gross land area of Transition Area I has developed. (See Section V for specific details.) The density limitations detailed in this paragraph do not apply to Village Mixed Use districts or Office/Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro's Northern Study Area Ten categories of Transition Area have been depicted on the Joint Planning Area Land Use Plan. These categories include Resource Protection, Public - Private Open Space, New Hope Creek Corridor Open Space; Suburban Residential, Urban Residential, Office - Institutional, Future UNC Development, Retail Trade, Light Industrial, and Disposal Use. These categories are described below. The Facilitated Small Area Plan for Carrboro's Northern Study Area supersedes the Joint Planning Area Land Use Plan in the Carrboro Transition Area to the extent that it is inconsistent with the Joint Planning Area Land Use Plan. Resource Protection Areas Resource Protection Areas in Transition Areas have been designated on the Land Use Plan to include flood plains, and wetlands along drainage tributaries and steep slope areas (15 % or greater). These areas form the basis for a comprehensive parks and open space system which provides the framework within which other land use categories are to function. Parks have been generally located throughout the Joint Planning Area using a 71 Joint Planning Land Use Plan Exhibit B (JOINT PLANNING AGREEMENT) 11 Section 1.2 Definitions H. Transition Area. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such. This area is further defined as being in transition from rural to urban or already urban in density. Urban services (public utilities and other town services) are now provided to this area or are projected to be provided to this area. The portion of the Transition Area located in the CJDA shall be further divided into Transition Area I and Transition Area 11 on the Joint Planning Area Land Use Map. The Joint Planning Area Land Use Plan shall provide that, within Transition Area II, no tract may, after the effective date of this Agreement, be approved for development at a density that exceeds one (1) housing unit per gross acre until at least 75% of the gross land area of Transition Area I consists of any combination of- 1. lots containing one acre or less; 2. residential developments approved for development at a density of at least one unit per acre; 3. streets, roads, and utility easements located outside of lots containing one acre or less; a 4. lots or tracts that are used for commercial, industrial, institutional, or governmental purposes; 5. tracts that are owned by the University of North Carolina or other non -profit entities and that are not available for development. This density limitation does not apply to Village Mixed Use districts or Office/Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro's Northern Study Area. Exhibit B (JOINT PLANNING AGREEMENT) . 12 Section 2.6 Text and Map Amendments E. With respect to property that is located within the CHJDA Transition area, changes in zoning classifications may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Chapel Hill following a joint public hearing by the two governing bodies. With respect to property that is located within the CJDA Transition area, changes in zoning classifications, including the creation of or changes to the "floating" conditional use districts designed to implement the recommendations of the "Facilitated Small Area Plan for Carrboro's Northern Study Area" (Village Mixed Use conditional use districts or Office/Assembly conditional use districts) may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Carrboro following a joint public hearing by the two governing bodies. Requests for rezonings within the Transition areas that are filed with the County shall be referred to the respective towns to initiate the amendment process. RESOLUTION "B" 13 A RESOLUTION MAKING RECOMMENDATIONS CONCERNING THE NORTHERN TRANSITION AREA ADVISORY COMMITTEE AND AGREEING TO CONSIDER FURTHER AMENDMENTS TO THE JOINT PLANNING AREA LAND USE PLAN AND JOINT PLANNING AGREEMENT CONCERNING THE IMPLEMENTATION OF THE FACILITATED SMALL AREA PLAN FOR CARRBORO'S NORTHERN STUDY AREA WHEREAS, the Board of County Commissioners has approved amendments to the Joint Planning Area Land Use Plan and the Joint Planning Agreement to implement recommendations contained in the Facilitated Small Area Plan for Carrboro's Northern Study Area; and WHEREAS, the Board of Commissioners would like to implement certain Orange County Planning Board recommendations; and WHEREAS, the Board of Commissioners is willing to consider, at an appropriate time in the future, authorizing Carrboro to approve Village Mixed Use and Office /Assembly conditional use "floating" zone districts. I. NOW THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY HEREBY RESOLVES AS FOLLOWS: To pursue amendments to the Joint Planning Area Land Use Plan to authorize and "create" the Northern Transition Area Advisory Committee by providing for its existence, composition, duties and responsibilities in the Joint Planning Area Land Use Plan (Facilitated Small Area Plan for Carrboro's Northern Study Area) . II. NOW THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY HEREBY RESOLVES AS FOLLOWS: 1 14 To consider, at an appropriate time,in the future, recommendations from Carrboro for amendments to the Joint Planning Area Land Use Plan and, where necessary, the Joint Planning Agreement on the following: a. specifying the location, size and number of "floating" mixed use and office /assembly districts; b. authorizing Carrboro to solely approve conditional use permits for Village Mixed Use and Office/ Assembly districts pursuant to specified procedures adopted by the Carrboro Board of Aldermen and the Orange County Board of Commissioners; c. "perfecting" the boundary dividing T -I and t -II; d. further defining "developed" lots to make the definition more "workable." Upon motion of Commissioner Commissioner adopted this the , seconded by the foregoing resolution was day of 1999. I, Beverly A. Blythe, Clerk to the Board of Commissioners -for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this day of , 1999. Clerk to the Board of Commissioners mydocuments \jparesolution #2revised.doc 2 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: February 2, 1999 1 Action Agenda Item #A - h SUBJECT: PROPOSED RECONSIDERATION OF THE FACILITATED SMALL AREA PLAN FOR CARRBORO'S NORTHERN STUDY AREA AND JOINT PLANNING AGREEMENT AMENDMENTS RELATIVE TO TRANSITION AREA I AND II AND "FLOATING" CONDITIONAL USE DISTRICTS DEPARTMENT: Planning PUBLIC HEARING: Yes _x No ATTACHMENT(S): INFORMATION CONTACT: Gene Bell - Resolution Ext. 2592 TELEPHONE NUMBERS: Hillsborough -732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To consider adoption of proposals to amend the Joint Planning Area Land Use Plan and Map (JPA -2 -98) and the Joint Planning Agreement to incorporate the Facilitated Small Area Plan (SAP) for Carrboro's Northern Study Area. BACKGROUND: At the Commissioners meeting on January 19, 1999, Board discussion on the adoption of proposed amendments to the Joint Planning Area Land Use Plan and Map and Joint Planning Agreement prompted questions about consolidation of Carrboro Transition Areas I and II (T -I and T -II) into a single transition category Area for the Northern Study Area. Orange County and Carrboro planning staff were directed to address the significance of the T -I - T -II distinctions and report back at the February 2 Commissioners' meeting. Likewise, Town and County attorneys were asked to address the public hearing implications of additional T -I - T -II discussions and report on at the February 2 meeting. A meeting of the Orange County Manager, Attorney, and Interim Planning Director with the Carrboro Town Manager, Attorney, Planning Director, and Land User Planner was held on January 22, 1999 to discuss the above - referenced issues. Recommendations from that meeting are summarized below as "Points of Discussion." Resolutions "A" and "B" operationalize what was discussed at the January 22, 1999 staff meeting. 2 Points of Discussion 1. Retain the T -I - T -II distinction in the Carrboro Northern Transition Area which limits density in T -II to one unit per acre until development in T -I reaches 75 %, except that Village Mixed Use (VMU) and Office /Assembly (O /A) conditional use districts may be approved in T -II at densities greater than one unit per acre before the 75% development level in T -I is reached. 2. Change the definition of "developed" to include lots of any size that, by virtue of restrictive covenants or governmental regulations, cannot be further subdivided. 3. General, as well as conditional use rezonings in T -I and T -II require joint Town and County approval. Advantages • BOCC retains role in general rezonings • BOCC has role in VMU and O/A conditional use rezonings • Basic framework for Transition Area remains intact so general rezoning to higher density in T -II not possible until 75% development level reached in T -I • Creates mechanism to implement recommendations of Facilitated Small Area Plan • One of the prime areas for village -type developments is believed to be located in T -II • Retention of T -I - T41 does not appear to present a consistency problem with the SAP as long as the village rezonings are not subject to the T -II density limitations • No additional public hearings (joint or otherwise) required Disadvantages Changing the definition of the "75 %development" level in T -I has not received adequate public comment; its impact on the T -I - T -II concept are not known at this time (this item is not included in Resolution A, but is referenced in Resolution B, section IIA, as an item the Board may be willing to consider at an appropriate time in the future). RECOMMENDATION: The Administration recommends adoption of the attached Resolution A. The procedure by which that can be accomplished is as follows: (1) A commissioner who voted on the prevailing side must move to reconsider the commissioners' action of January 19, 1999. At that meeting, Commissioners Gordon, Halkiotis and Brown voted against the three -part resolution presented at that meeting. The motion failed by a three -two vote, Commissioners Gordon, Halkiotis, and Brown voting no; Commissioners Jacobs and Carey voting yes. (2) If the motion to reconsider passes, then the floor is open for a motion to adopt Resolution A. Resolution B is provided for use as the Board decides. RESOLUTION "A" A RESOLUTION I. AMENDING THE JOINT PLANNING AREA LAND USE PLAN TO INCORPORATE THE FACILITATED SMALL AREA PLAN FOR CARRBORO'S NORTHERN STUDY AREA II. ADOPTING A JOINT PLANNING AGREEMENT AMENDMENT TO IMPLEMENT RECOMMENDATIONS CONTAINED IN THE FACILITATED SMALL AREA PLAN FOR CARRBORO'S NORTHERN STUDY AREA WHEREAS, Orange County, the Town of Chapel Hill, and the 3 Town of Carrboro entered into a Joint Planning Agreement, dated September 22, 1987, as amended April 2, 1990, and WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land Use Plan was,adopted on October 13, 1986 by all parties to the Joint Planning Agreement, and has since been amended on several occasions; and WHEREAS, A Small Area Plan that provides a framework for the future use of land within Carrboro's northern growth area was accepted by the Carrboro Board of Aldermen on August 19, 1997, and WHEREAS, the Small Area Plan was the product of a four year „planning process that involved numerous public officials, -planners, and residents of the affected area, culminating in a two -day facilitated workshop sponsored by Orange County, Chapel Hill, and Carrboro; and WHEREAS, the geographic area covered by the Small Area Plan includes Carrboro's Transition Area as identified in the Joint Planning Agreement, which area is also covered by the Joint Planning Area Land Use Plan; and 1 4 WHEREAS, implementation of the recommendations contained in the Small Area Plan requires certain amendments to the Joint Planning Area Land Use Plan; and WHEREAS, the Small Area Plan was considered by Orange County, the Town of Chapel Hill, and the Town of Carrboro at a Joint Public Hearing on April 8, 1998; I. NOW THEREFORE, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY HEREBY RESOLVES THAT THE JOINT PLANNING AREA LAND USE PLAN BE AMENDED AS FOLLOWS: 1. Section VII of the Plan (NOverview of Implementation Strategies") is amended on page 91 by adding under the heading "Coordination with other Plans" a second paragraph to read as follows: "Without limiting the generality of the foregoing, the 'Facilitated Small Area Plan for Carrboro's Northern Study Area,' accepted by the Carrboro Board of Aldermen on August 19, 1997, is specifically incorporated by reference into this Plan and -supersedes any provisions of this Plan that are inconsistent with the Small Area Plan with respect to the CJDA Transition Area." See Exhibit A. 2. Section V of the Plan ( "Joint Planning Operating Principles") is amended on page 59 by adding the following sentence immediately under subparagraph 5: "This density limitation does not apply to Village Mixed Use districts or Office /Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro's Northern Study Area." See Exhibit A. 04, 5 3. Section VI of the Plan ( "Future Land Use - Joint Planning Area ") is amended on page 71 by adding to the first paragraph, at the end of the first paragraph, under the heading "Transition Areas," the following: "The density limitations detailed in this paragraph do not apply to Village Mixed Use districts or Office /Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro's Northern Study Area." Section VI of the Plan ( "Future Land Use - Joint Planning Area ") is further amended on page 71 by adding to the second paragraph under the heading "Transition Areas" the following: "The Facilitated Small Area Plan for Carrboro's Northern Study Area supersedes the Joint Planning Area Land Use Plan in the Carrboro Transition Area to the extent that it is inconsistent with the Joint Planning Area Land Use Plan." See Exhibit A. The amendments to the Joint Planning Area Land Use Plan shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill and Carrboro. II. NOW THEREFORE, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY HEREBY RESOLVES THAT THE JOINT PLANNING AGREEMENT BE AMENDED AS FOLLOWS: 1. Section 1.2H (Definitions) of the Agreement is amended by adding the following sentence immediately under subparagraph 5: "This density limitation does not apply to Village Mixed Use districts or Office /Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro's Northern Study Area." See Exhibit B. t 6 2. Subsection 2.6E of the Agreement is amended by rewriting the second sentence as follows: "with respect to property that is located within the CJDA Transition area, changes in zoning classifications, including the creation of or changes to the 'floating' conditional use districts designed to implement the recommendations of the 'Facilitated Small Area Plan for Carrboro's Northern Study Area' (Village Mixed Use conditional use districts or Office /Assembly conditional use districts) may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Carrboro following a joint public hearing by the two governing bodies." See Exhibit B. The amendments to the Joint Planning Agreement shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill and Carrboro. Upon motion of Commissioner seconded by Commissioner the foregoing resolution was .adopted this the day of 1999. I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. 4 of 7 WITNESS my hand and the seal of said County, this day 1999. Clerk to the Board of Commissioners mydocuments \jparesolutionrevised.doc 5 Exhibit A 8 (SECTION VII - OVERVIEW OF IMPLEMENTATION STRATEGIES) service in the watershed would be reconsideied following a study regarding the advisability of such extensions. Public Investments Development of a capital improvements program and budget is a key implementation tool. It requires integrating both County and municipal plans with recommendations and priorities for programming the fiscal outlay for capital improvements during the plan period. This administrative tool provides decision - makers with guidance mechanisms aimed at coordinating the improvement of the provision of public services and facilities with the private development they are.intended to serve. In particular the provision of water and sewer facilities, roads, schools and parks, among others, should be considered and approved in light of their development inducing impact on a specific area. Coordination with other Plans A successful and acceptable planning program necessitates the maximization of coordination between the Land Use Plan and other official plans and policies and the minimization of "conflicting signals". The plan should seek consistency with existing. local, regional, state and federal plans and policies. Without limiting the generality of the foregoing, the "Facilitated Small Area Plan for Carrboro's Northern Study Area," accepted by the Carrboro Board of Aldermen on August 19, 1997, is specifically incorporated by reference into this Plan and supersedes any provisions of this Plan that are inconsistent with the Small Area Plan with respect to the CJDA Transition Area. Public Education and Awareness The primary and most effective implementation tool is the acceptance and commitment of the general citizenry to the concept of the planning process and the product evolving from that process: a Land Use Plan. Since the planning process necessitates tradeoffs between the public and private use of land in a legal climate where property ownership and use is highly revered, public awareness and support and, consequently, public participation in the process should be facilitated and encouraged- Exhibit A (SECTION V - JOINT PLANNING OPERATING PRINCIPLES) 9 The portion of the Transition Area located north of Carrboro has been further divided into Transition Area I and Transition Area II designations on the Joint Planning Area Land Use Plan. Transition Area I may be developed at densities and for uses identified in the underlying land use plan categories described below. Within Transition Area II, however, no tract may be approved for development at a density that exceeds one (1) housing unit per gross acre until at least seventy -five percent (75%) of the gross land area of Transition Area I consists of any combination of the following: 1. Lots containing one (1) acre or less; 2. Residential developments approved for development at a density of at least one (1) unit per acre; 3. Streets, roads, and utility easements located outside of lots containing one (1) acre or less; 4. Lots or tracts that are used for commercial, industrial, institutional, or governmental purposes; and 5. Tracts that are owned by the University of North Carolina or other non -profit entities and that are not available for development. This density limitation does not apply to Village Mixed Use districts or Office/Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro's Northern Study Area. The underlying or more detailed land use plan categories include: Resource Protection; Public- Private Open Space; New Hope Creek Corridor Open Space; Suburban Residential; Urban Residential, Office - Institutional; Future UNC Development; Retail Trade; Light Industrial; and Disposal Use. These categories are described below. Resource Protection Areas designated within Transition Areas of the Joint Planning Area Land Use Plan include floodplains, wetlands along drainage tributaries, and steep slope areas (15% or greater). The areas form the basis for a parks and open space system (see Strategy Maps) which provides the framework within which other land uses are situated. Public- Private Open Space Areas in the Transition Areas include UNC lands (excluding Horace Williams Airport and adjacent tracts), the 100 -foot buffer along I -40, and a tract connecting the two landfill sites. These sites provide open space in the midst of areas planned for urban expansion. New Hope Creek Corridor Open Space Areas include some of the Resource Protection Areas and a portion of the Public/Private Open Space Areas which were designated as significant and worthy of protection according to the New Hope Corridor Open Space Master Plan completed in April of 1991. (See Master Plan Map following Strategy Maps). The areas are part of a system of open space in Durham and Orange Counties along New Hope Creek and its tributaries between Eno River State Park and U.S. Army Corps of Engineers land north of Jordan Lake. This category is made up of critical environmental areas such as stream beds, floodplains, steep slopes, and larger tracts of historic, educational, or recreational value. 59 Joint Planning Land Use Plan Exhibit A 10 SECTION VI FUTURE LAND USE - JOINT PLANNING AREA In this section, anticipated patterns of future land development are outlined for the Joint Planning Area, exclusive of Carrboro and Chapel Hill. The future land use patterns described in this section are based, in part, on the population, economic and existing land use trends identified in background studies. Also considered in the formulation of these patterns were environmental features, infrastructure and service concerns, operating principles, locational standards and concept/strategy maps developed for the Joint Planning Area or currently existing in the Orange County Land Use Plan. Finally, comments received at public hearings, public information meetings, and the recommendations of town and county advisory and governing boards were considered in the formulation of the plan. The discussion of the Plan centers on two broad categories of land use - Transition Areas and the Rural Buffer. *TRANSITION AREAS *Amended 2/3/92 (effective 2/24/92) Transition areas are located adjacent to the urban areas of Chapel Hill and Carrboro. They are in the process of changing from rural to urban uses or are already urban in use; are developed at or suitable for urban- type densities; and are now provided or are projected to be provided with urban services. The portion of the Transition Area located north of Carrboro has been further divided into Transition Area I and Transition Area II designations on the Joint Planning Area Land Use Plan. Transition Area I may be developed at densities and for uses identified in the underlying land use plan categories described below. Within Transition Area II, however, no tract may be approved for development at a density that exceeds one (1) housing unit per gross acre until at least seventy -five percent (75 %) of the gross land area of Transition Area I has developed. (See Section V for specific details.) The density limitations detailed in this paragraph do not apply to Village Mixed Use districts or Office/Assembly districts as provided for in the Facilitated Small Area Plan for Car-rboro's Northern Study Area. Ten categories of Transition Area have been depicted on the Joint Planning Area Land Use Plan. These categories include Resource Protection, Public - Private Open Space, New Hope Creek Corridor Open Space; Suburban Residential, Urban Residential, Office-Institutional, Future UNC Development, Retail Trade, Light Industrial, and Disposal Use. These categories are described below. The Facilitated Small Area Plan for Carrboro's Northern Study Area supersedes the Joint Planning Area Land Use Plan in the Carrboro Transition Area to the extent that it is inconsistent with the Joint Planning Area Land Use Plan. Resource Protection Areas Resource Protection Areas in Transition Areas have been designated on the Land Use Plan to include flood plains, and wetlands along drainage tributaries and steep slope areas (15% or greater). These areas form the basis for a comprehensive parks and open space system which provides the framework within which other land use categories are to function. Parks have been generally located throughout the Joint Planning Area using a 71 Joint Planning Land Use Plan Exhibit B (JOINT PLANNING AGREEMENT) 11 Section 1.2 Definitions H. Transition Area. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such. This area is further defined as being in transition from rural to urban or already urban in density. Urban services (public utilities and other town services) are now provided to this area or are projected to be provided to this area. The portion of the Transition Area located in the CJDA shall be further divided into Transition Area I and Transition Area R on the Joint Planning Area Land Use Map. The Joint Planning Area Land Use Plan shall provide that, within Transition Area II, no tract may, after the effective date of this Agreement, be approved for development at a density that exceeds one (1) housing unit per gross acre until at least 75% of the gross land area of Transition Area I consists of any combination of- 1. lots containing one acre or less; 2. residential developments approved for development at a density of at least one unit per acre; 3. streets, roads, and utility easements located outside of lots containing one acre or less; 4. lots or tracts that are used for commercial, industrial, institutional, or governmental purposes; 5. tracts that are owned by the University of North Carolina or other non -profit entities and that are not available for development. This density limitation does not apply to Village Mixed Use districts or Office/Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro's Northern Study Area. Exhibit B (JOINT PLANNING AGREEMENT) 12 Section 2.6 Text and Map Amendments E. With respect to property that is located within the CHJDA Transition area, changes in zoning classifications may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Chapel Hill following a joint public hearing by the two governing bodies. With respect to property that is located within the CJDA Transition area, changes in zoning classifications, including the creation of or changes to the "floating" conditional use districts designed to implement the recommendations of the "Facilitated Small Area Plan for Carrboro's Northern Study Area" (Village Mixed Use conditional use districts or Office/Assembly conditional use districts) may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Carrboro following a joint public hearing by the two governing bodies. Requests for rezonings within the Transition areas that are filed with the County shall be referred to the respective towns to initiate the amendment process. RESOLUTION "B" 13 A RESOLUTION MAKING RECOMMENDATIONS CONCERNING THE NORTHERN TRANSITION AREA ADVISORY COMMITTEE AND AGREEING TO CONSIDER FURTHER AMENDMENTS TO THE JOINT PLANNING AREA LAND USE PLAN AND JOINT PLANNING AGREEMENT CONCERNING THE IMPLEMENTATION OF THE FACILITATED SMALL AREA PLAN FOR CARRBORO'S NORTHERN STUDY AREA WHEREAS, the Board of County Commissioners has approved amendments to the Joint Planning Area Land Use Plan and the Joint Planning Agreement to implement recommendations contained in the Facilitated Small Area Plan for Carrboro's Northern Study Area; and WHEREAS, the Board of Commissioners would like to implement certain Orange County Planning Board recommendations; and WHEREAS, the Board of Commissioners is willing to consider, at an appropriate time in the future, authorizing Carrboro to approve Village Mixed Use and Office /Assembly conditional use "floating" zone districts. I. NOW THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY HEREBY RESOLVES AS FOLLOWS: To pursue amendments to the Joint Planning Area Land Use Plan to authorize and "create" the Northern Transition Area Advisory Committee by providing for its existence, composition, duties and responsibilities in the Joint Planning Area Land Use Plan (Facilitated Small Area Plan for Carrboro's Northern Study Area). II. NOW THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY HEREBY RESOLVES AS FOLLOWS: 1 ~ � t 14 To consider, at an appropriate time in the future, recommendations from Carrboro for amendments to the Joint Planning Area Land Use Plan and, where necessary, the Joint Planning Agreement on the following: a. specifying the location, size and number of "floating" mixed use and office /assembly districts; b. authorizing Carrboro to solely approve conditional use permits for Village Mixed Use and Office/ Assembly districts pursuant to specified procedures adopted by the Carrboro Board of Aldermen and the Orange County Board of Commissioners; c. "perfecting" the boundary dividing T -I and T -II; d. further defining "developed" lots to make the definition more "workable." Upon motion of Commissioner seconded by Commissioner the foregoing resolution was adopted this the day of 1999. I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this day of _ , 1999. Clerk to the Board of Commissioners mydocuments \7paresolution #2revised.doc 2 RESOLUTION "A" A RESOLUTION I. AMENDING THE JOINT PLANNING AREA LAND USE PLAN TO INCORPORATE THE FACILITATED SMALL AREA PLAN FOR CARRBORO'S NORTHERN STUDY AREA II. ADOPTING A JOINT PLANNING AGREEMENT AMENDMENT TO IMPLEMENT RECOMMENDATIONS CONTAINED IN THE FACILITATED SMALL AREA PLAN FOR CARRBORO'S NORTHERN STUDY AREA WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into .a Joint Planning Agreement, dated September 22, 1987, as amended April 2, 1990, and WHEREAS, pursuant to the Joint Planning Agreement, a Joint Planning Area Land Use Plan was adopted on October 13, 1986 by all parties to the Joint Planning Agreement, and has since been amended on several occasions; and WHEREAS, A Small Area Plan that provides a framework for the future use of land within Carrboro's northern growth area was accepted by the Carrboro Board of Aldermen on August 19, 1997, and WHEREAS, the Small Area Plan was the product of a four year planning process that involved numerous public officials, planners, and residents of the affected area, culminating in a two -day facilitated workshop sponsored by Orange County, Chapel Hill, and Carrboro; and WHEREAS, the geographic area covered by the Small Area Plan includes Carrboro's Transition Area as identified in the Joint Planning Agreement, which area is also covered by the Joint Planning Area Land Use Plan; and 11 WHEREAS, implementation of the recommendations contained in the Small Area Plan requires certain amendments to the Joint Planning Area Land Use Plan; and WHEREAS, the Small Area Plan was considered by Orange County, the Town of Chapel Hill, and the Town of Carrboro at a Joint Public Hearing on April 8, 1998; I. NOW THEREFORE, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY HEREBY RESOLVES THAT THE JOINT PLANNING AREA LAND USE PLAN BE AMENDED AS FOLLOWS: 1. Section VII of the Plan ( "Overview of Implementation Strategies") is amended on page 91 by adding under the heading "Coordination with other Plans" a second paragraph to read as follows: "Without limiting the generality of the foregoing, the 'Facilitated Small Area Plan for Carrboro's Northern Study Area,' accepted by the Carrboro Board of Aldermen on August 19, 1997 and revised December 1998, is specifically incorporated by reference into this Plan and supersedes any provisions of this Plan that are inconsistent with the Small Area Plan with respect to the CJDA Transition Area." See Exhibit A. 2. Section V of the Plan ( "Joint Planning Operating Principles ") is amended on page 59 by adding the following sentence immediately under subparagraph 5: "This density limitation does not apply to Village Mixed Use districts or Office /Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro's Northern Study Area." See Exhibit A. 61 3. Section VI of the Plan ( "Future Land Use - Joint Planning Area") is amended on page 71 by adding to the first paragraph, at the end of the first paragraph, under the heading "Transition Areas," the following: "The density limitations detailed in this paragraph do not apply to Village Mixed Use districts or Office /Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro's Northern Study Area." Section VI of the Plan ( "Future Land Use - Joint Planning Area ") is further amended on page 71 by adding to the second paragraph under the heading "Transition Areas" the following: "The Facilitated Small Area Plan for Carrboro's Northern Study Area supersedes the Joint Planning Area Land Use Plan in the Carrboro Transition Area to the extent that it is inconsistent with the Joint Planning Area Land Use Plan." See Exhibit A. The amendments to the Joint Planning Area Land Use Plan shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill and Carrboro. II. NOW THEREFORE, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY HEREBY RESOLVES THAT THE JOINT PLANNING AGREEMENT BE AMENDED AS FOLLOWS: 1. Section 1.2H (Definitions) of the Agreement is amended by adding the following sentence immediately under subparagraph 5: "This density limitation does not apply to Village Mixed Use districts or Office /Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro's Northern Study Area." See Exhibit B. 3 2. Subsection 2.6E of the Agreement is amended by rewriting the second sentence as follows: "With respect to property that is located within the CJDA Transition area, changes in zoning classifications, including the creation of or changes to the 'floating' conditional use districts designed to implement the recommendations of the 'Facilitated Small Area Plan for Carrboro's Northern Study Area' (Village Mixed Use conditional use districts or Office /Assembly conditional use districts) may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Carrboro following a joint public hearing by the two governing bodies." See Exhibit B. The amendments to the Joint Planning Agreement shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill and Carrboro. NOW THEREFORE, THE BOARD OF COMMISSIONERS OF ORANGE COUNTY HEREBY FURTHER RESOLVES AND DIRECTS THAT THE FACILITATED SMALL AREA PLAN FOR CARRBORO'S NORTHERN STUDY AREA BE REVISED TO CONFORM TO THE FOREGOING RESOLUTION, PARTS I AND II, INCLUDING THE REVISION OF MAP #1 AND MAP #7 TO SHOW TRANSITION AREAS I AND II. Upon motion of Commissioner Carey, seconded by Commissioner Jacobs, the foregoing resolution was adopted this the 2nd day of February, 1999. I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of 4 said Board at a meeting held on February 2, 1999 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. 30 of the minutes of said Board. of WITNESS my hand and the seal of said County, this Sth day February 1999. I zo&y' Clerk to OA Board of Commissioners mydocuments \7paresolutionrevised.doc k RESOLUTION "B" A RESOLUTION MAKING RECOMMENDATIONS CONCERNING THE NORTHERN TRANSITION AREA ADVISORY COMMITTEE AND AGREEING TO CONSIDER FURTHER AMENDMENTS TO THE JOINT PLANNING AREA LAND USE PLAN AND JOINT PLANNING AGREEMENT CONCERNING THE IMPLEMENTATION OF THE FACILITATED SMALL AREA PLAN FOR CARRBORO'S NORTHERN STUDY AREA WHEREAS, the Board of County Commissioners has approved amendments to the Joint Planning Area Land Use Plan and the Joint Planning Agreement to implement recommendations contained in the Facilitated Small Area Plan for Carrboro's Northern Study Area; and WHEREAS, the Board of Commissioners would like to implement certain Orange County Planning Board recommendations; and WHEREAS, the Board of Commissioners is willing to consider, at an appropriate time in the future, authorizing Carrboro to approve Village Mixed Use and Office /Assembly conditional use "floating" zone districts. NOW THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF ORANGE COUNTY HEREBY RESOLVES AS FOLLOWS: To pursue amendments to the Joint Planning Area Land Use Plan or the Joint Planning Agreement, as appropriate, to authorize and "create" the Northern Transition Area Advisory Committee by providing for its existence, composition, duties and responsibilities. Upon motion of Commissioner Jacobs, seconded by Commissioner Halkiotis J. the foregoing resolution was adopted this the 2 °a day of February, 1999. I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of 1 C said Board at a meeting held on February 2, 1999 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. 30 of the minutes of said Board. WITNESS my hand and the seal of said County, this 5th day of February 1999. 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