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MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
JANUARY 4, 1988
The Orange County Board of Commissioners met in regular session on
Monday, January 4, 1988 at 7:3o p.m. in Superior Courtroom, Orange County
Courthouse, Hillsborough, North Carolina.
BOARD MEMBERS PRESENT: Vice-Chair Moses Carey, Jr., and Commissioners
Stephen Halkiotis, John Hartwell and Don Willhoit.
BOARD MEMBER ASSENT:- Chair Shirley E. Marshall.
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill.
STAFF PRESENT: Interim County Manager Albert Kittrell, Assistant
County Manager William T. Laws, Personnel Director/Interim Assistant
County Manager Beverly M. Whitehead, Purchasing Director/Interim
Management Analyst Pamela Jones, Planner Gene Bell, Recreation and Parks
Director Mary Anne Black, Clerk to the Board Beverly A. Blythe, Interim
Finance Director Ken Chavious, Planning Director Marvin Collins, Director
of Housing and Community Development Tara Fikes, Tax Assessor Kermit
Lloyd, Economic Development Director Sylvia Price and Social Services
Director Marti Pryor-Cook.
A. BOARD AND MANAGERS COMMENTS
Commissioner Carey announced that Chair Marshall was ill and would not
be present.
He set a special meeting for Thursday, January 7, 1988 at 6:30 p.m. in
the Board of Commissioners' Room for the purpose of discussing a proposal
for a market survey study and public educational program based on the
proposed CIP in preparation for a November bond issue election and to
discuss and/or decide the CIP work session schedule. NOTE: It was
decided later in the meeting that this special meeting would be a
continuation of this January 4 meeting. However, because of snow, the
continued meeting set for January 7 was canceled and this topic was added
to the regular agenda for January 19, 1988.
Commissioner Carey informed the members of the audience that the
proposal as presented by Commissioner Halkiotis on the licensing fees for
animals would be discussed at the January Board of Health meeting and
placed on the February 1 Board of Commissioners' agenda.
Item F5 was removed from the consent agenda and place at item G9.
B. AUDIENCE COMMENTS
1. MATTERS ON THE PRINTED AGENDA
None
2. MATTERS NOT ON THE PRINTED AGENDA
Julie Linehan, President of the Orange County Rape Crisis Center,
spoke on emergency funding for the orange County Rape Crisis Center. This
request for funding will be placed on the January 19 agenda for discussion
and/or decision.
Mary Fox, resident of Buttonwood Drive, spoke on the loud noise in
the neighborhood from the music system at Roman's Skating Rink.
Commissioner Carey noted this situation is being investigated and
it is hoped the problem will be addressed through the County's Naise
Ordinance which will be amended and presented at the January 19 meeting.
C. MINUTES
Motion was made by Commissioner Hartwell, seconded by Commissioner
~Halkiotis to approve the
VOTE: UNANIMOUS.
Motion was made
Halkiotis to approve the
VOTE: UNANIMOUS.
Motion was made
Hartwell to approve the
VOTE: UNANIMOUS.
minutes for November 23, 1987 as corrected.
by Commissioner Willhoit, seconded by Commissioner
minutes for December 1, 1987 as corrected.
by Commissioner Willhoit, seconded by Commissioner rv~_"~
minutes for December 23, 1987 as circulated.
PUBLIC CHARGE
Vice-Chair Moses Carey read the public charge.
PUBLIC HEARINGS
1. CAPITAL IMPROVEMENT PROGRAM
An overview of the Capital Improvement Program was presented by
Interim County Manager Albert Kittrell, Superintendent of Orange County
Schools Dr. Dan Lunsford and Superintendent of Chapel Hill-Carrboro
Schools Gerry House with a slide presentation showing all proposed CIP
activities.
THE PUBLIC HEARING WAS OPEN FOR CITIZEN COMMENTS
SARAH STEWART , Co-President of the Chapel Hill-Carrboro Federation of
Teachers, spoke in support of providing adequate facilities which will
help to create a quality educational environment. She pledged support for
a bond issue.
ToM BROWN Co-President of the Chapel Hill-Carrboro Federation of
Teachers, asked that the leaders of Orange County make a decision for
going with a bond issue by visiting the schools in the county and talking
with the teachers and the students. He asked that a decision be made in __
favor of the children and future leaders of the county. ''
DEAN DETER , thanked the Commissioners for their support of the
agricultural and rural education center and asked for continued support '•'-''~'
far this project. The need is still there and the project has a broad
base of support.
RDBERT STRAYHORN , spoke in support of the agricultural agencies being
located in one facility. The present facilities are not built to accommo-
date the volume of traffic nor to provide the atmosphere to conduct
effective educational programs. Many regional activities cannot be held
in the County because of the lack of space and equipment.
ANN TURNER spoke on the needs and priorities of a Southern Orange
Human Services Complex. She spoke of the crowded conditions at the
complex and noted that the State is working on a policy concerning space
accommodations and when the policy is finalized, if Orange County is not
in compliance, $250,000 in funding could be lost. Tt would also be more
efficient and cost effective to have the human services complex in one
building where a client could take care of most of their needs with one
trip.
R. E. HILDEBRANDT , stated that the Senior Citizens Board has not had
the opportunity for input into the CIP. He spoke about the inadequate
facilities at the Efland Senior Center and the Cedar Grove Center and
asked that the Commissioners visit those two centers before finalizing the
CIP.
REV. DAVID HARVIN , spoke in support of and gave an update report on
the Rural Agricultural Education Center. He stated that Duke University is
doing an overall assessment of all properties they own and at their May'.
meeting a proposal for how the land should be used will be considered.
There is a new state commission which will be supporting new agricultural
ventures like the proposed Center in Orange County and approximately two
million dollars a year will be allocated for these kinds of projects.
MAX KENNEDY , member of the Orange County School Board, stated that of
all the items in the CIP that education is the most important. He
expressed serious reservations about the 6.5 million proposed for Parks
and Recreation. He stated concern that water and sewer were not addressed
in the CIP.
FLOYD MILLER , spoke about the dirt roads in Little River Township and
asked if something could be done to improve roads in that area.
BEN LLOYD , asked if there was a proposal for paying for the CIP and
Commissioner Carey stated. that the list of needs is a proposed list and
the purpose of the public hearing is to hear citizen comments. Lloyd
stated a concern about the young people being taught in the schools and
made additional comments on spending and revenues and the fund balance.
RUFUS BOXTWELL , representing his elderly mother on Cole Mill Road,
spoke against the greenways as proposed in the CIP and questioned why
something like greenways would be considered when it affects all those who
have a stream running through their property. Commissioner Carey informed
Mr. Boxtwell that the County has no plans to exercise eminent domain
authority to acquire any greenway property that is included as part of the
plan.
JOHN SCHAENMAN spoke on behalf of the orange Federation of Teachers.
He stated that clearly a bond issue is needed and clearly a bond issue
needs to pass. He feels that the way in which the bond issue is packaged
and presented to the people is extremely important. He commented on the
public hearing schedule and how the first public hearing was on a night
that a school program was held and the public hearing tonight is on an
evening when everyone just returned to town the day before. He talked
about the trailers at Grady Brown and the inconvenience of teaching out of
them.
JEROME HARRIS , resident of Eno Township, spoke in favor of anything
that will improve the education of children, particularly in the elemen-
tary schools where motivation can best be instilled. He opposed the Parks
and Recreation Plan in the CIP and suggested that each issue be considered
.. .' separately if they are going to be presented to the public as a
referendum. This way the public has the opportunity to vote for those
things which are top priority for them. He asked that another public
hearing be held on the Parks and Recreation Plan so that the extent of
controversy for certain sections of that plan may become evident.
D. W. WANE expressed concern for the Parks and Recreation issue and
asked that it be separated out and considered separately. He feels that
those who live among the greenways may find some hostility when they find
people coming through their areas and he asked that a plan be presented
which shows what the County plans to do.
LINDSEY TAPP asked that the important needs of the schools be placed
first and that County Government try to live within its means as the
citizens of the County do.
ROBERT NICHOLS asked that alternatives for raising money be looked
at by the County. Commissioner Carey stated that there will be funds
available from other sources to help finance the CIP.
TED LATTA questioned the method of financing the CIP and was referred
to the CIP document for clarification.
OSCAR COMPTON stated he does not want to pay any additional taxes. A
quality education cannot be bought -- a better job needs to be done with
what is available without raising taxes. He asked that the Greenways be
deleted from consideration.
WITH NO FURTHER COMMENTS THE PUBLIC HEARING WAS CLOSED.
2. MCLENNAN'S FARM
The November 23, 1987 Public Hearing comments and comments
received on January 4 are attached to the back of these minutes. They
ill be incorporated in these minutes in the minute book.~Q~_~
D. RESOLUTIONS OR PROCLAMATIONS
1. LOCAL GOVERNMENT AUTONOMY
Motion was made by Commissioner Halkiotis, seconded by ,,.~„~
Commissioner Willhoit to approve the resolution as printed below:
A RESOLUTION URGING MAXIMUM LOCAL AUTONOMY
IN SETTING SALARIES AND FRINGE BENEFITS OF COUNTY EMPLOYEES
WHEREAS, North Carolina has a national reputation for its strong and
effective county government; and
WHEREAS, that national recognition includes an acknowledgement of the
large amount of home rule afforded counties by the North Carolina General
Assembly; and
WHEREAS, the National Advisory Committee on Intergovernmental
Relations in a recent survey ranked North Carolina among the top states in
the nation for the amount of home rule afforded counties and cities; and
WHEREAS, recent actions of the General Assembly have restricted this
local autonomy in that the General Assembly has enacted special mandated
retirement systems for law enforcement officers and most recently
registers of deeds; and
WHEREAS, at a recent meeting of the Social Services Study Commission,
the Social Services Association in testimony before the committee
recommended mandatory salaries for social workers; and
WHEREAS, it is not in the best interest of an effective and strong
county government system for continued deterioration of home rule relating
to county employees salaries and fringe benefits be continued.
NOW, THEREFORE BE IT RESOLVED by the Orange County Board of
Commissioners that:
1. The General Assembly of North Carolina is commended for the high
degree of local autonomy which has been granted to county government in
North Carolina.
2. It is desirable for this high degree of local autonomy to be
continued.
3. Deterioration in this local autonomy such as was evidenced in the
recent law enforcement and register of deeds retirement action is of great
concern to county government.
4. The General Assembly is urged to refrain from additional
restraints and restrictions so that the strong tradition of county
government autonomy may continue to serve the citizens of North Carolina.
VOTE: UNANIMOUS.
2. JTPA ELIGIBILITY DETERMINATION METHOD
The presentation was made by Commission for Women member Anne
Johnston. Motion was made by Commissioner Willhoit, seconded by
Commissioner Hartwell to approve the resolution as printed below:
WHEREAS, because of the exceptional circumstances of the lives of
persons aged 55 and over with regard to employment, particularly for women
in this age group, and because Congress has given states the flexibility
to shape the Job Training Partnership Act to meet their unique social and
economic conditions, the Orange County Board of Commissioners urges the
North Carolina Job Training Council to change the state's guidelines for
determining income eligibility for this group.
WHEREAS, an action that allows persons 55 and older to exclude
their spouse's income would prevent women, especially, whose average age
at widowhood or poverty strikes before enjoying the training and employ-
ment opportunities offered by the JTPA Older Workers Program. Such a
change would positively address needs identified in the Chapel Hill-
Carrboro league of Women Voters October 1987 report, "Meeting Basic Hum
Needs."
THUS, the Orange County Board of Commissioners resolves and
implores that the N.C. Job Training Council and its administrative arm,
_ the N.C. Department of Natural Resources and Community Development, change
the income determination definition for persons aged 55 and over from
"family income" to "family of one" and urges them to do so as quickly as
is reasonable possible.
VOTE: UNANIMOUS.
E. REPORTS
1. AGRICULTURE EXTENSION CHAIRMAN RECRUITMENT
Dr. Clyde Chesney, District Director, outlined the selection
process and the procedures that will be followed in replacing Bi11 Mainaus
who will retire February 1, 1988. After the interview process is com-
pleted, Dr. Chesney will present a recommendation to the County for them
to interview. If satisfactory, they will then make a formal presentation
to the Board and make a decision on the salary. At that time, the Board
has an opportunity to accept or reject the recommendation. Discussion can
then take place if there is any question about the applicant.
In answer to a question from Albert Kittrell, Chesney indicated
that only one candidate will be sent to the Board to be interviewed. If
the applicant is not satisfactory it will be discussed and if an
alternative candidate is satisfactory deal with another candidate but
usually the person recommended is the person best suited to fill the job
as County Director.
2. ENVIRONMENTAL AFFAIRS BOARD SUPPORT FOR CAPACITY USE
Dr. David Moreau stated that The Environmental Affairs Board has
recommended that the Board of Commissioners support the Capacity Use
Designation of the Eno River. Tf the designation is made, the State, in
cooperation with the local governments, will proceed to develop an
appropriate management plan for the area.
Commissioner Willhoit stressed that when the request was made to
the State to do the study on the possibility of designating its capacity
use, it was done for informational purposes with the intent that the
County would be able to devise a plan that could be administered locally.
Dr. Moreau stated that with the capacity use designation, the
County would then determine what the management plan would be and the
State would in turn endorse the plan.
Don Cox spoke in support of designating the Eno River a capacity
use area and asked the support of the Board at the upcoming Public
Hearing.
F. ITEMS FOR DECISION - CONSENT AGENDA
Motion was made by Commissioner Willhoit, seconded by Commissioner
Hartwell to approve the items on the consent agenda as listed below:
1. TAX REFUNDS RE VEST
Clark, James Boyd, Jr. and Cynthia P. Hansel, Acct. # 77564 in the
amount of $244.79
L. L. Hiday, Acct. # 59382 in the amount of $29.56
Lee W. Settle, Acct. #4886 in the amount of $76.60
John Bachmann, Acct. #124159 in the amount of $117.52
Riley, Preston William, Acct. #12298 in the amount of $55.08
2. PROJECT ORDINANCE AMENDMENT
To amend the 1980-81 Project Ordinance of orange County as adopted
on December 1, 1980 by the following Housing Amendment:
Appropriation:
Housing - 1988 Section 8 - Existing $ 1,260,142
Source:
1988
1988
1988
Section 8 - Existing Federal Grant
Section 8 - Mod Rehab Federal Grant
Section 8 - Housing Vouchers Federal Grant
324,597
146,129
$ 1,260,142
324, 597 ,,.,_~
146,129
3. EMERGENCY SHELTER GRANT AGREEMENT
To approve the execution of the Emergency Shelter Grant Agreement,
Funding Approval and Agreement with InterFaith Council in the amount of
$13,648 to be used for the IFC Homeless Shelter in Chapel Hill and
authorize the Chair to sign on behalf of the Board.
4. COMMISSION FOR WOMEN BYLAWS - AMENDMENTS
To approve the amendments in the bylaws as presented and as
contained in the permanent agenda file in the Clerk's office. Major
changes included a reduction in the number of officers, the addition of an
Article on elections and a change in the minimum meeting cycle.
5. SECTION 8 RESERVE ACCOUNT
Item was removed from the consent agenda and placed as item G9.
6. ECONOMIC DEVELOPMENT FUNDING BY THE GENERAL ASSEMBLY
To approve the resolution printed below authorizing release of
funds to the COG to assist local governments in their economic development
activities.
RESOLUTION
WHEREAS, in North Carolina the Lead Regional Organizations, as
voluntary organizations serving municipal and county governments, have
established productive working relationships with the cities and counties,,.,..y
across the state; and
WHEREAS, many counties and cities continue to need assistance in
pursuing economic and community development opportunities, but federal =-
assistance in the form of intergovernmental revenues has been severely
curtailed in recent years; and
WHEREAS, the 1987 General Assembly has again recognized this need
through the appropriation of $990,000 each year of this biennium to help
the Lead Regional organizations assist local governments with grant
applications, .economic development, community development, support of
local industrial development and other activities as deemed appropriate by
their local governments; and
WHEREAS, these funds are not intended to be used for payment of
members dues or assessments to a Lead Regional organization or to supplant
funds appropriated by the member governments; and
WHEREAS, in the event that a request is not made by a unit of
government for release of these funds to our Regional Council, the
available funds will revert to the state's General Fund; and
WHEREAS, in Region J funds in the amount of $55,000 will be used to
carry out the economic development plan approved by the COG -Board of
Delegates and especially to improve the economy of the counties and towns
of the Region by strengthening ties to and consequently benefits of the
Research Triangle Park.
NOW, THEREFORE BE IT RESOLVED, that the Orange County requests the
release of its $7,609.37 share of these funds to the Triangle J Council of
Governments at the earliest possible time in accordance with the
provisions of Chapter 830 of the 1987 Session Laws (HB 1515)..
Housing - 1988 Section 8 - Moderate Rehab
Housing - 1988 Section 8 - Housing Vouchers
7. 1988 MEETING SCHEDULE - BOARD OF COMMISSIONERS
To add to the official 1988 Meeting Schedule a work sessa.on for
December 10, 1988.
VOTE: UNANIMOUS.
G. ITEMS FOR DECISION - REGULAR AGENDA
1. WEST CORNER SUBDIVISION - PRELIMINARY
Marvin Collins made the presentation. The property is located at
the intersection of Harmony Church Road (SR 1341) and Mill Creek Read (SR
1343) in Cedar Grove Township. Total acreage of the tract is 38.35 acres
with one lot of l.3 acres divided from it. The property is designated
Agricultural Residential (A-R) in the Orange County Land Use Plan.
Motion was made by Commissioner Hartwell, seconded by Commissioner
Willhoit to approve the preliminary plan as recommended by the Planning
Board and the Administration.
VOTE: UNANIMOUS.
2. DARK HILLS - PRELIMINARY
Marvin Collins made the presentation. The property is located on
Carr Store Road in Cedar Grove Township. The total acreage of the tract
is 136.25 acres with 13 lots of 1 acre each proposed. Each lot is to have
frontage on Carr Store Road with joint driveways for lots 2-13. The
property is not zoned and is designated Agricultural Residential and Water
Supply Watershed in the Land Use Plan.
The Planning Board and The Administration recommends approval with
three conditions:
(1) Relocate the proposed fi0-foot access road from its current
location east of lot #1 and place between lots 3 and 4.
(2) Designate location of proposed joint driveways on the
preliminary plan consistent with the relocation of the
proposed 60-foot access road.
(3) Provide evergreen shrubs on the landscape plan in lieu of
deciduous shrubs.
Collins referred to a letter received from DOT which differs from
a previous recommendation for the proposed access road.
-,~ Motion was made by Commissioner Hartwell, seconded by Commissioner
Halkiotis to a rove t
pP he Planning Board and the Administration
recommendation.
A substitute motion to refer the matter back to the Planning Board
for a recommendation to come back to the Commissioners on February 1 was
made by Commissioner Willhoit, seconded by Commissioner Hartwell.
VOTE: UNANIMOUS.
3. LYNWOOD ACRES
Marvin Collins made the presentation. The property is located in
Chapel Hill Township on the east side of Damascus Church Road (SR 1940)
south of Jones Ferry Road (SR 1942). It is within the Water Quality
Critical Area of University Lake Watershed. The zoning designation is
Rural Buffer. Two lots are proposed out of the 5.19 acre tract with both
fronting on Damascus Church Road. All agencies have reviewed the prelimi-
nary plan. The Planning Board and the Administration recommends approval
with two conditions.
Collins pointed out that OWASA recommends that the primary and
back-up septic tank sites be clearly designated on the plat and required
to remain undisturbed. He suggested that an amendment be made to the
Health Department's policies or regulations or to those of the Planning
Department which would require the designation of primary and secondary
nitrification fields on the plats and that the secondary site be retained
in an undisturbed state.
Attorney Gledhill pointed out that in the review process, OWASA
will make recommendations which are neither required by the Health Depart-
ment or the North Carolina Division of Environmental Management. The
recommendations which refer to the site designation and the secondary site
being retained in an undisturbed state may be addressed by the Health
Department. The recommendations dealing with the requirements necessary
in the watershed need to be decided between oWASA and the State. OWASA is
not in agreement with the State and it should be resolved by the technical
people at OWASA and the State.
Motion was made by Commissioner Hartwell, seconded by Commissioners ~`
Halkiotis to approve the preliminary plan with two conditions:
(1) Submission of $660 payment-in-lieu of dedication of '.
recreation/open space.
(2) Provide easement descriptions, by metes and bounds, on the
Final Plat for nitrification fields and septic tanks, and
submit easement agreements for same for the review and
approval of the County Attorney.
VOTE: UNANIMOUS.
It was the consensus of the Board to refer to the Health Board for
their consideration the question of including in their rules and
regulations the designation of a primary and secondary septic tank site on
the plat as well as retaining the secondary site in an undisturbed state.
4. DAL-RAE FOREST
Marvin Collins made the presentation. The tract is located in the
northeast corner of Bingham Township on the south side of Borland Road (SR
1127) one half mile east of the intersection with Dodson's Crossroads. Two
2-acre lots are proposed from the 15.2 acre tract. The property is zoned
Rural Buffer and designated as Rural Residential on the Joint Planning
Area Land Use Plan. All agencies have reviewed this preliminary plan.
The Planning Soard and the Administration recommends approval with three
conditions.
Motion was made by Commissioner Hartwell, seconded by Commissioner,_._.,..
Halkiotis to approve the pre]iminary plan for Dal-Rae Forest with three
conditions:
(1) Include in Lot #1 the area south of the creek designated for
septic tank disposal.
(2) Submit payment-in-lieu of dedication of recreation/open space
in the amount of $113.00.
(3) Restrict the access of lots 1 and 2 to the existing private
road.
VOTE: UNANIMOUS.
5. DRAFT CEDAR GROVE TOWNSHIP LAND USE PLAN
Planner Gene Bell made the presentation. He explained the process
followed in updating the Orange County Land Use Plan for Cedar Grove.
The major change that is proposed is the designation of additional
water supply watersheds in the Back Creek and Little River drainage
basins. This increases the amount of township land area designated water
supply watershed from 28.5 to 88$.
The Planning Board and the Administration recommends approval of
the proposed amendment and incorporation of text revisions into Section
3.6 of the Land Use Plan and authorization for preparation of a watershed
protection ordinance for Little River and Cedar Grove Townships pursuant
to the draft Water/Sewer Policy recommendations.
Commissioner Willhoit indicated his desire to understand what the
philosophy is for watershed protection in comparison with the University
Lake watershed and asked that additional information be provided befare
imposing watershed standards. The implications need to be known before it
goes to public hearing.
Motion was made by Commissioner Hartwell, seconded by Commissioner -~
Halkiotis to approve the Planning Board and the Administration recommen-
dation.
The motion was amended by Commissioner Hartwell, seconded b~
Commissioner Willhoit to approve only the text revisions for Section 3.6
of the Land Use Plan.
VOTE: UNANIMOUS.
6. PD-2-$7 CHANDLER CONCRETE
Marvin Collins made the presentation. The applicant requested a
PD-1-1-3 (Planned Development - Industrial-3) zoning classification on 2.0
acres of property located on the south side of Old N.C. Highway l0 east of
N.C Highway 86. The property is currently zoned PD-1-1--3 and R-1
Residential and is designated Ten-Year Transition and Commercial
Industrial Activity Node in the Land Use Plan. The request has been made
in order to bring an existing washwater recycling facility and the use of
the site for truck parking into compliance with the Orange County Zoning
Ordinance.
The Planning Soard and the Administration recommends approval with
nine (9) conditions.
The Board reviewed the application, the site plan and all
supporting documentation and found that the applicant does comply with the
general standards, specific rules and required regulations with the
exception of the underground utilities requirement and that all findings
have been addressed by the nine conditions imposed thereon.
Motion was made by Commissioner Willhoit, seconded by Commissioner
Hartwell that the Chandler Concrete application PD-2-87 be approved with
the amendment of the zoning district designation from R-]. to PD-I-3 to PD-
I-1 and the issuance of a Class A Special Use Permit subject to the con-
ditions listed below and as recommended by the Planning Board and
Administration:
(1) The grantee of this Special Use Permit shall post with Orange
County, in a form acceptable to the County Attorney, a bond or
letter of credit in an amount equal to the cost of all im-
provements plus 10~. The amount shall be determined on the
basis of fully executed construction contracts or
certification by a registered engineer employed by the grantee
of this Special Use Permit. As improvements are completed a
corresponding amount of money may be released from the
security instruments or the security instruments may be
renegotiated based on the "yet to do" portion of the
improvements.
(2) Security shall be provided for the replacement of dead or
damaged landscaping plants and planting of Loblolly Pines in
the reforestation area.
(3) Roads, parking areas and landscaping shall be maintained as
constructed. All such improvements and facilities shall
further be maintained and operated in a safe manner.
(4) Screening and landscaping requirements shall be provided as
required in Articles 7 and 12 and shall be maintained as
constructed, including the replacement of dead or damaged
plant materials.
(5) The five percent (5~) interior landscaping requirement of the
vehicular use area shall be constructed as shown on the
approved site plan.
(6) A final boundary survey of the Planned Development and
improvements shall be recorded by the developer.
(7) The final site plan and narrative of the project, incorpor-
ating all changes, deletions and additions through the final
approval of the project, are to be incorporated herein and
made apart of this Planned Development Special Use Permit.
Copies of the final site plan and narrative are to remain on
~~ file with the orange County .Planning Department. Any appli-
cable permits, upon application, will be issued after approval
and recordation of the Special Use-Permit.
(8) The development shall be built and operated according to the
site plan and written narrative supplied by the developer and
in compliance with the above conditions. -~~~`1
(9) All utility lines, including electrical and telephone service,:
lines, shall be located underground.
VOTE: UNANIMOUS.
7. INCREASE IN EDC MEMBERSHIP
Motion was made by Commissioner Willhoit, seconded by Commissioner
Hartwell to approve amending the EDC Resolution to increase the number of
members by four (4) "AT LARGE" members to be appointed directly by the
Board of Commissioners with terms of the four additional members
staggered.
VOTE: UNANIMOUS.
8. RESPONSE TO ,BAINSjRIGGSSEE PROPERTY TAX COMPLAINT
Tax Assessor hermit Lloyd explained to Diane Rigsbee the
disposition of her complaint. She disagreed with the explanation and
indicated she would contact Lloyd for further dialogue.
9. SECTION 8 RESERVE
Motion was made
Hartwell to authorize the
Account to the General F~
ment projects at the time
that the money will be
matching decision is made
VOTE: UNANIMOUS.
ACCOUNT (Consent Agenda Item #F5)
by Commissioner Carey, seconded by Commissioner
transfer to funds from the Section 8 Reserve
znd to finance all Housing and Community Develop--
of approval by the Board with the understanding
transferred from the account at the time the
on the project.
H. APPOINTMENTS
Postponed to the next meeting.
I. ADJOURNMENT
With no further business to come
Commissioner Hartwell, seconded by
meeting to be continued on January
Commissioners' Room, Hillsborough,
meeting will be held on January 19,
old Post of-f ice, Chapel Hill, North
before the Board, motion was made by
Commissioner Carey to adjourn the
7, 1988 at 6:00 in the Board of
North Carolina. The next regular
1988 at 7:30 in the courtroom of the
Carolina.
Shirley E. Marshall, Chair
Beverly A. Blythe, Clerk
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PUBLIC HEARINGS
4. Zoning Atlas Amendments
b. PD-4-87 McLennan's Farm
Presentation by Marvin Collins.
Mr. Lean Todd has submitted an application for PD-H-RB (Planned
Development-Housing-Rural Buffer) classification on 37 cares on
the east side of Bowden Raad (SR 1946) approximately one-half
mile south of Old Greensboro Highway (SR 1005). The proposed
development would consist of fourteen (14) residential lots
which average 2.17 acres in size. Each of these lots will have
individual wells and will be served by a common nitrificativn
field for septic tank disposal. The current zoning is Rural
~ Buffer and Protected Watershed II. The Land Use Plan
designation is Rural Residential.
The reason that a common nitrification field is being proposed
is that this is the only portion of the site where a su~.table
area for septic tank disposal has been found.
The Recreation Director has recommended that payment-in-lieu be
accepted rather than deda.cation of land. Based an 14 lots ar
hauling units, the payment-in-lieu would be equivalent to $983.
The Recreation Director has also recommended that the
designated open space/nitrification field be maintained and ~~'`'.~~
operated by a homeowners association if exercise stations are
to be installed.
i
~.,.
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The proposed development is to be served by proposed public
roads (McLennan's Farm Road and George Pae Road) constructed to
NCDOT standards. NCDOT has reviewed y~he plan and recommended
the following:
1. Property lines are to follow the sight triangles at
Bowden Road (SR 1946).
_ 2. A proposed island at the entrance to the development
~- must be maintained by ~ a homeowners associativn.::..:::._-_.
Additional right-of-way must be dedicated to
accommodate a six-foot wide shoulder and a ditchline-~ :~
- with 2:1 stapes.
3. A sight easement must be provided at the intersection`~`'"T'`
- of George Poe Road and McLennan's.Farm Road. --
;.:
4. Lots 8, 9, 10 and 11 must have driveways off George Poe f
Road.
" 5. If McLennan's Farm Road is extended, the cut-de-sac'-
right-vf-way must revert to the adj oi,ning property
- owners.
1 Q B C.
Both the South Drange Rescue Squad and the white Cross
Volunteer Fire Department have indicated their ability to
serve the proposed development. The Sheriff's Department has
indicated that the development will result in an additional
12.3 manhours needed for responding to service calls. While
the Sheriff's Department will be able to handle such
service, the demand, combined with other developments, could
cause the need far additional manpower.
The Erosion Control officer has indicated that a starmwater
management plan is required for the project. Grading permits
will also be required prior to the start of construction.'
Comments from Orange Water & Sewer Authority are summarized
as follows:
1. Additional information should be provided to confirm
that the proposed wastewater disposal system is
properly designed and to assure its long-term relia-
bility. This information should include a detailed
site analysis to address soils which are only
'marginally" suitable, the depth of -the restrictive
horizon, soil permeability above the restrictive
horizon, and the extent of mounding that can be ex-
pected to occur.
2. OWASA recommends a lower hydraulic loading rate not
exceeding O.b75 gallons per square foot per day, and
lower pollutant loading rate to protect long term
ground and surface water quality.
3. Install a dual, alternating absorption field system and
provide an additional undisturbed reserve area in case
either system fails.
4. Provide adequate measures to prevent the accidental
discharge of wastewater from the proposed facilities
into surface and ground waters.
5. What is the impact of recreational uses of the area on ~.
the long-term suitability of the soil absorption area?
6. Establish appropriate monitoring of surface and ground-
water. OWASA also recommends that a detention pond be
built for stormwater runoff to further protect water _,_..
quality. "~°'
7. The proposed system should be constructed and inspected
according to acceptable standards. Sewer and utility F.;.
easements should be reserved for construction and
maintenance of the system. ' =~ .=a`
°.~. - .
8. Provide assurance that disposal of solid wastes from_ 1
septic tanks and from process-pumping facility will 2._~
carried out by a certified party in accordance with -.
State regulations.
I
9. All components of the system should be periodically
10 C
1 inspected.
.
~
I
-
I
10.
The system should be operated by a technically
qualified party.
6 11. Pump life, repair, and replacement costs should be
7 ! addressed.
8
9
~ Regarding the development layout, OWASA had the following
to I comments: _
11
12
1.
Development in the watershed should be consistent with
t3
~ the primary public objective of protection of the
14 public drinking water supply.
15
t6 2. A detailed investigation of site suitability and con-
17 sideration of the need for dual absorption fields may
t$ - result in the need for greater absorption field area,
t9 which in turn could require modifications to the pro-~
zo posed subdivision layout and development density.
21
22 3. Provide assurance that open space areas will not be
23 developed.
24
25 ~ 4. Provide assurance that sedimentation and erosion
2b ! control measures will be installed in a timely manner
~~~ ~ and permanently maintained.
5. Public utility easements should be obtained to facil-
~~_`' ~ itate the provision of public sewer services in the:::°: ;;: ;
31 event such extension is determined necessary in the` ~ "''-~
32 future .
33 _
34 ~ The Town of Carrboro has provided the following courtesy
35 review comments regarding the proposed planned development.
3b The comments are based an Carrboro-designated watershed
37 zoning district requirements.
38
39
~ 1. A fifty-foot buffer would be required on either side of
40 the intermittent streams located an the site.
41
42 2. Proposed plans for the tract of land to the north would
43 be required (ie., as a phased development).
4~+ _ -
45 3. - Impervious surface limitations (maximum allowed and;
46 ~ - proposed) should be on the plans. - -
47
48 4. Trees having a diameter greater than 18" should lacated_...,~~
49 ~ ..,,
on landscape plans. "~"`'"~
50 - -
51 - 5. The agency. ar organization which will be responsible=~'='-'-~''~
c~ ~ for .maintenance. of the proposed sewer treatment facil-.
' ~-~ ities should be clearly noted on the plans. -
- -
5.a ~~ ~ 6. Copies of all State. permits required for the sewage~~
5b ! disposal systems should be submitted prior to issuance:
57 ; of any building permits.
58 i
S9
10 D
7. The exact nature of all potential recreation activities
(passive ar active) expected far the recreation space ...~.~
should be addressed on the plans. Also the distance
between the edge of the nitrification field and the
existing stream is not clear.
8. Proposed grading and clearing limit lines would `be
needed.
9. Proposed stormwater culvert sizes should be indicated
and hydrologic calculations verifying their adequacy
should be provided. Detailed drawings of the culvert
and road crossings are also needed.
10. xf the road is to be extended, a notation to that
effect should be on the plans, and signage should be
installed at that end of the cul-de-sac when the road
is built.
11. Proposed house locations and driveways are needed to
verify proposed impervious surface areas.
12. Proposed well sites should be indicated.
The Town of Carrbara also recommended that State permit
records be reviewed for previously approved LPS sewage
disposal systems to ascertain if there have been problems-.
wi~~.2i failures of such systems. )
Comments received from ~WASA and the Town of Carrboro were --,
received too late for the Planning Staff to adequately
review and consult with the applicant and agencies about
necessary changes to the plans. For this reason, Mhe
Planning Staff recommends that citizen comment be receywed
on the application, and that the public hearing be cantir~ued
to December 1, 1987 (or other suitable date) for '
review/consultation purposes. A Staff recommendation ill
be presented at that time.
Pilkey asked how many lots would be available with 'the
available perk sites. Collins responded only Z.
Jacobs asked if the Homeowner's Association document would
be available. far review prior to the Planning Board's --_
decision expressing concern_ ~ about the limitation ~ of
herbicide and pesticide use on the maintenance of the open
space and recreation area. Collins responded that such a
concern could be listed as a requirement for the Homeowner's -
Association and could be verified in the document when i~ is `~`
presented to Staff and the County Attorney for approval. I -
.Jacobs also asked about a specific plan for the open
space/recreat~.an area. Collins responded it was priv~at.~
recreation area and noted that payment-in-lieu of public _,~
dedication has been recommended by the Recreation and Parks
Directar~.
Jacobs asked if the alternate septic system was being used
10 E
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as a mechanism to increase density since there were only two
perk sites on the property. Collins responded that with 37
acres and only 4 that will perk, it presents a real question
as to what can be done with the remaining 33 acres. He
continued that one of the goals ar policies of the Land Use
Plan is that in those types of situations, the County will
look to alternative systems technology to provide a means
for allowing mare lots not to exceed the density permitted.
He suggested that the. County Attorney .might have some
feelings about limiting development to only four acres of a
thirty-seven acre tract as to whether or not a "taking"
comes about through regulatory measures.
Mr. Leon Todd stated that he wished to develop the property
called McLennan's Farm and indicated it was his intent to
live in the development. He indicated he wished to provide
the best and meet all requirements to create a development
of which eveyone could be proud.
Dan Jewell, Landscape Architect and Planner for McLennan's
Farm, presented a colored plan which provided a detailed
description of the plan. He indicated the orange County
Health Department had found only two perk sites on the
property. He stated that consultation and site review with
the State indicated State preference for only one site and
the number of lots (14) was decided accordingly. He indi-
cated the site had previously been pasture land but was not
being used at this time. He emphasized that the ordinance
requirement for recreational area is 52,000 square feet and
this plan is providing 183,OOD square feet. of recreational
area which also serves partially as a nitrification field.
He indicated the plan was such that as many trees as
possible would be left. and that the stormwater management
plan required by the Erosion Control Office will be
provided.
Mr. Jewell continued that he felt the quality of the
- development with the restricted home size of ].800 to 2000
square feet would enhance the value of surrounding
- properties. He noted that the reason for having to apply
for a planned housing development was the lack of perk sites
which prevented individual septic systems.
_ - Pilkey asked the location of the perk site. Mr.~Jewell
responded that the site chosen by the State comprised about
90$ of the open space.
.,: ~:
~ :~
I
Craig Morgan, consulting engineer, presented information an
the wastewater system. He explained that the basic role of
engineering in such a development is to insure the pro-
tection of the public health, safety and welfare of the
community and surrounding environment. He noted awareness
of the environmental concerns and the handling of wastewater
treatment.
Mr. Morgan continued explaining the clustered wastewater
system with a pressurized collection system. He indicated
this was the best practical technology to use when a central
10 F
collection system and wastewater treatment facility is not .
available in a watershed area. Seeticotankshaforttwosbasic ~,-,
better than on-site convent anal p
reasons: (l) The care and maintenance ~sAtclustered osystem
hands of the individual residents, (2)
creates a large enough system to waebant~nsur~ngthat
operation and management approach then y
technical competence is going to be directed toward the
project an an annual or semi-annual basis. Most of the
requirements to be met by a wastewater treatment system are
dictated by the Department of Human Resources with
regulations far mare restricstcva~e is asofollowsWASA.
He addressed some of OWASA
Comment #2 regarding hydraulic loading rate - he noted that
the State and County approved soil loading rate far this
area is O.l so the rate of O.o75 is well within OWASA's
concern. .
Comment #3 regarding a dual alternating absorparanl~xesystem
noted that they would have to install a qu P
which is four pumps alternating and four dosing fields and
is afar more extensive hydraulic system than the dual.
Comment #4 regarding protective measures for accidental
discharge of wastewater - he indicated the treatmentwa=~
being centralized at one point and the drain fields
being placed in the centermost port~varea ofewhichrthecState ~)
field and then wrapping the resew
is requiring 100 available perkable area left after the
drain fields are in place around 'the wooded portion afrthe ~ ~ -
creating a~natural buffer which is ~
site.
Comment #5 regarding impact of recreatianalandenotfconducive
- he noted that the site is gently sloping
to soccer fields and baseball diamonds but rather mare
family recreation such as volleyball which is very inconse-
quential to the performance- of the drain field. He indi-
sated he felt there were no problems wi}~.h 'the long range
suitability of the sail absorption where the recreation fill
occur. ~
~- Comment #7 regarding construction and inspection - he stated
- that approval of the wastewater treatment system multi be
obtained from the Department of Human Resources befareroval - -
building permit can,be issued. He felt that State app _
- would indicate that this would be the best practical treat- -~:.;~
meet of this land use. `:'°`~~~`~"r`
In regard to the Homeowner's Association, Mr. Morgan stated F~.:_:: `__ -
- that anytime wastewater treatment is clustered,i a
Homeowner's Association is required for general maintenance's=
e s stem. There will be strict covenants
and upkeep of th Y _
and restrictions regarding such maintenance and upgoardshand
will be submitted for approval by the Staff,
County Attorney, He indicated there were many qualified
wastewater technicians available in the Orange County area
10 G
to monitor the system. It will be arranged by the owner by
the time the project is 75~ completed.
Comment #11 regarding pump life, repair and replacement
costs - he indicated with the quality equipment being
provided and his specifications being even higher than that
of the State, this need not be a concern far the County.
Best inquired about the yearly cost of participating in the
Homeowner's Association. Mr. Morgan responded that in
another such project the yearly cost is $100.00 per year.
The monthly cost will probably be in the range of $20.00 per
month. He indicated that the Homeowner's Association was
encouraged to set up Capital Improvement Budgets to be used
far repair and maintenance. There could also be individual
insurance protection for the individual pumps. When asked
the COSt of the pumps and the life e~wasagcyraximatelyu$700
he responded that the cost per pump PP
to $800 and the life expectancy was ten to fifteen years.
He continued that the system was set up to be handled by two
pumps; thus with four pumps the entire system would not be
inoperable at any time. He indicated that monthly
inspections should be sufficient and that there was an alarm
system to alert of any problem. The alarm system is such
that twenty-four hours of service time would remain after
the first alarm before the system failed.
Commissioner Halkiotis asked what equipment would be located
at each hamesite. Mr. Morgan responded that at each
homesite a septic tank and a 24-inch fiberglass pump which
goes through a line similar to a watexmain and then runs to -_
the main system. He continued explaining the process of the
wastewater treatment system. Commissioner Kalkiotis con-
tinued asking how often the septic tanks at the homesites
must be pumped out.. Mr. Morgan responded that he recam-
- = mended that ~4hey be pumped half-full every two to three
years. He indicated that rather than protruding above
ground, the caps are placed at ground level.
Frances Shetley, a Carrboro resident, indicated she had
visited the site of the proposed McLennan's Farm develop-
ment. She noted that she felt there were too many
unanswered questions about such a system and asked that the
system be rejected at this time for protection of the water
supply. She asked that the Commissioners be very careful ~: =
with the amount of responsibility being placed on the
Homeowner's Association. She expressed concern with a -
clogged pipe on a road which was located either on the ~.-..__
McLennan property or very near this property. She asked ~~M,._.^_:~^:
that the Planning Staff make a site check on this road and .- .
clogged pipe. _- ~ -'
Allen Spalt, Carrboro resident, spoke from a prepared state-
ment (an attachment to these minutes) and referenced other --
meetings and documents (also attachments to these minutes).
Commissioner Willhoit moved, seconded by Commissioner
Hartwell to continue the public hearing an McLennan's Farm
10 H
1
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3
to January 4, 1988.
Vote : Tlnans.maus .
4
5 McLennan's Farm Continuation of 1.1/23/87 public hearing.
6
7 Presentation by Marvin Collins.
8
g Collins stated that the application in question is for a Planned Deve ap-
tD ment Housing Project in the Rural Buffer area surrounding Chapel Hill and
11 Carrboro. It involves approximately 37 acres an Bowden Road and 1/2 mile
12 south of old Greensboro Highway. The proposed development would consist
i3 of fourteen residential lots averaging slightly over two acres in size.
14 The remaining property would be comprised of a community nitrification
i5 field far sewage disposal and also open space/recreation area for the
1b development. He noted that the recommendations of the Recreation Dire~9~7
17 and comments from NCDdT had been presented at the November 23,
18 meeting. The continuation of the public hearing was to review comments
19 from OWASA and the Town of Carrboro. He indicated that the Planning Staff
20 has met with OWASA Staff and has reviewed the Town of Carrboro comments.
21 The comments from OWASA and the Town of Carrboro as well as the Planning
22 Staff's responses are included as attachments to these minutes.
23
~4 After reviewing the comments, responses and additional information
25 provided by the applicant, as well as the site plan and all of the
supports-ng documentation, the Planning Staff is recommending approval with
26
27 twenty-four conditions. These conditions address deficiencies that the
28 Planning Staff found in the application in terms of information lacking "''',~
29 they also address the comments from the Town of Carrboro, NCDOT, inc..
30 OWASA. The conditions also include standard conditions which are s_ncor~.:_;;.::
31 porated into any planned development application. Those conditions are as
32 follows:
33
34
35 Article 8.2.2 states that where a preponderance of evidence indicates
36 compliance with the general standards, specific rules governing the
37 specific use, and that the use complies with all required regulations and
3g standards, the application must be approved unless it is f ound, in same
39 specific manner, that:
~o
~1 1. The use will not promote the public health, safety and general welfare
t,2 if located where proposed and developed and operated according to the
43 plan as submitted;
4~+
~+5 2. The use will not maintain or enhance the value of contiguous property;
46
47 3. The use is not in compliance with the general plans for the physical
~g development of the county as embodied in these regulations ar in the
4g Comprehensive Plan, or portion thereof, adopted by the Orange County
5p Board of Commissioners.
51 The burden of proving one or more of the above findings is on those
53 oPPosing the application. The proof must also be in the form of compete ~~
,~ material and substantial evidence.
55
56 No information has been received which would establish grounds far making
57 one or more of the above findings.
58
59
10 I
-The Planning Staff has reviewed
~upparting documentation and has
the general standards, specific
'exception of
the application, the site plan and all
found that the applicant does comply with
rules, and required regulations with the
The Planning Staff recommends approval of the amendment of the zoning
district designation from RB to PD-H-RB and the issuance of a Class A
Special Use Permit with the attachment of the fallowing conditions:
1. The grantee of this Special Use Permit shall post with Orange
County, in a form acceptable to the County Attorney, a bond or
letter of credit in an amount equal to the cost of all
improvements plus 10~. The. amount shall be determined an the
basis of fully executed construction contracts or certification by
a registered engineer employed by the grantee of this .Special Use
Permit. As improvements are completed a corresponding amount of
money may be released from the security instruments or the
security instruments may be renegotiated based an the "yet to da"
portion of the improvements.
'2. Prior to the initiation of construction activity, final approval
by the State must be obtained far the community low pressure
~ wastewater disposal facility. A copy of .the permit must be
a provided to the orange County Planning Department.
F3. A 30-foot access and utility easement shall be provided from the
~~ the right-of-way of McLennan's Farm Raad to the nitrification
a field far monitoring and maintenance purposes.
F
r
.;;'.,_:.4. A fence shall be provided around the nitrification field and
repair area to limit access and prevent compaction of soils.
~ The location of the nitrification field with respect to the
~ intermittent stream shall be denoted on the plan.
,~
5. Documents pertaining to the creation and operation of a homeowners
association must be submitted to and approved by the County
Attorney. The documents shall identify all improvements which will
owned by and/or will be the responsibility of the homeowners
association to operate and maintain, including the estimated
annual cost for same.
6. 30--foot drainage easements must be provided an Lots 10 and 13
adjacent to the intermittent stream and spring. .The water level of
the existing pond on Lot 6 must be designated.
:.: 7. Tree protection areas must be delineated on the plan as required
by Section IV-S-8-b-1 of the Subdivision Regulations. Proposed
- street trees must be located a minimum of 15 feet from the 12-foot
r~ utility easement.
8. Construction plans for McLennan's Farm Road and George Poe Road,
approved by the N.C. Department of Transportation and including
stormwater culvert sizes and hydraulic calculations, must be
submitted to the Planning Department.
9. Property lines are to fallow the sight triangles at Bawde(SR 1946).
l0. Additional right-of-way is to be dedicated at the entrance island
1D J
to accommodate a 6-foot wide shoulder and ditches with a 2:1
slope.
Sight triangles are to be dedicated at the intersection of George
Poe Road and McLennan's Farm Road.
Access to Lots 8, ~9, 10 and 11 is to be limited to George Poe
Road.
If McLennan's Farm Road is to be extended, the cul-de-sac right-
of--way must revert to the adjoining property owners. A sign must
be posted at the end of the cul-de--sac indicating possible future
road extension. A notation must be placed on the plan indicating
same.
Grading on the site shall be kept to a minimum, and existing
vegetation shall be retained wherever passible. All plans for
drainage, soil erosion and sedimentation control shall be reviewed
and approved. by Orange County prior to the start of any
construction. In addition, orange County shall inspect the
installation of control devices and the an-going work for the
total project. The project shall at all times meet the
requirements of the Orange County Soil Erasion and Sedimentation
Control Ordinance.
Lot line dimensions must be denoted an the plans.
Payment-in-lieu of dedication of recreation/open space must be
submitted in the amount of $983.00. The exact nature of the
recreation activities must be denoted on the plan, including the
location and type of exercise stations and the potential use of
the open play area. All recreation facilities shall be constructed
as shown on the approved plan.
The 12-foot utility easement must be labeled as a utility and
pedestrian access easement. Pedestrian crosswalks must als^ be
provided where the jagging trail intersects McLennan's Farm Road.
All electricity, telephone and cable television (CATV franchised
by Orange County to serve the development) utilities shall be
installed underground. All necessary easements to permit said
utility installation, servicing and hook-up to the development and
to each unit wi`-.hin the development shall be provided at no cost
to the utility.:-.
3. Provide a legal description of the property to the Planning
Department to complete the application.
~. All signs shall be erected in compliance with Articles 9 (Signs) T .-.
and 7.1~ (PD-K) of the orange County Zoning ordinance fallowing - - -- -----------
issuance of required sign permits. No sign may be erected in the. - -- -
sight triangles for the entranceways to the development.
~. A final boundary survey of the Planned Development and
improvements shall be recorded by the developer.
2. The final site plan and narrative of the project, incorporating
all changes, deletions and additions through the final approval of
the project, are to be incorporated herein and made a part of this
Planned Development Special Use Permit. Copies of the final site
plan and narrative are to remain on file with the Orange County
Planning Department. Any applicable permits, upon application,
will be issued after approval and recordation of the Special Use
Permit.
23. The development shall be built and operated according tv the site
plan and written narrative supplied by the developer and in
compliance with the above conditions.
24. If any of the above conditions is held invalid, the special use
permit shall became null and void.
Commissioner willhoit asked if any grading had been done an the site
yet. Collins responded he was not aware of any.
Commissioner Hartwell asked if the Planning Hoard had commented on the
proposed development. Collins responded that the application would go
to the Planning Board for recommendation after the conclusion of the
public hearing.
Commissioner Willhoit moved, seconded by Commissioner Hartwell, that
McLennan's Farm be referred to the Planning Board for their
recommendation.
1Q K .
Attorney Gledhill stated that it had been the practice in the past to
ep the public hearing open, far the Planning Board's recommendation.
continued asking if the information being provided was new
y~:fvrmation from~the applicant. Collins responded that information had
been obtained from the. applicant as well as oWASA and the Staff
response is also now a part of the record.
Patrick Davis,-owASA representative, stated that he had met with- the.-
applicant, the project engineer and a Planning Department represent-
ative prior to the Christmas holidays and received verbal responses to
some concerns.. However, written responses had been requested to
summarize steps.; to be taken tv~ address those concern .but those
responses were received today and OWASA has not had time to adequately
review.. them:: He requested that OWASA be provided the opportunity to
review the. information and provide further written response.
Attox7iey Gledhill stated that OWASA could make its further comments to
the:Planning Soard at its next meeting. The public hearing should then
be held-open tv receive OWASA's comments and the .Planning Board's `.
recommendation:. ; ' .:. .: ' ..
Dan Jewell, project manager indicated the comments . ~ from the Town of
Carrbaro and NCDDT had been reviewed and the applicant will be comply-
ing with; those recommendations on the final plans as. .required by the
Planning Staff: .=.He continued that the OWASA comments were more
dvtensive and detailed and could be answered by -Craig Morgan, waste--
.ter. engineer.: -_ .: , ,-: _ - _ -- ~ : " .
rlr~: Jewell stated that the~.proposed project.- is in conformance with -the :.
Land Use Plan. He expressed the intent~to comply with all the State.
and County regulations regarding erosion control, impervious surface`
~n ~
area and stormwater management. He indicated that the proposed waste-
water treatment system was basically at the recommendation of the
Orange County Environmental Health Department. An on-site inspection
has been-made by the State approving the loading rate. .
Craig Morgan, wastewater engineer, stated that many of the twenty-four
conditions prapvsed by the Planning Staff will be addressed in the
design phase and all conditions will be complied with.
Mr. Morgan referenced a question and answer form (an attachment to
these minutes) and made the fallowing basic comments:
In regard to maximum compliance with the best practice standards
far sedimentation/erosion control and wastewater management - The
North Carolina Division of Environmental Management monitors all
projects greater than one acre in developmental size for
compliance with State laws governing sedimentation and erosion
control.
The North Carolina Division of Health Services, the North Carolina
Division of Environmental Management and the orange County Health
Depa~-.ment control management practices within developing areas.
In regard to assurances that the development will not result in
the degradation or contamination of drinking water supplies -
a) Private wells within the subdivision will receive maximum
benefit by the location of the wastewater drainfields away
from the residential lot sites.
b) The wastewater management concept proposed is the best
practical method of~treatment available. The only treatment
system better suited for implementation is a central sewerage
system extended to the subdivision by OWASA. This is not
possible at this time.
c) The construction site is about 1.5 miles from University Lake
and surrounded by a rural, lightly developed buffer of farm
-.land and forest. This project will have no adverse impacts
on the water quality in University Lake. Obviously, a
. proliferation of .such projects could eventually. .result in
-,.. problems if they.are not addressed individually case-by-case.
and then brought under a comprehensive plan.
d) -.: The. wastewater system is being proposed with the understand-.
-:;.ing.~ that operation and management will be' by a public.
- .. utility.
°Is the project"in compliance with the County's Land Use Plan? :- He
- -= noted. that the designation for ,this project site is :Rural
'-. Residential and the current zoning is Rural Buffer and Protected
-:'-` Watershed II. and he.felt the project does meet those regulations.
,` Does the project present a danger to public health and safety? -He.
_ stated that given all the bodies which must approve the project,
'. the answer to '-.his question is no.
_ -
Will the project development result in the devaluation of.ad-
4 -
joining property? - He stated that the value of rural farm land
generally increases as a result of residential development, but
only for residential development purposes with suitable wastewater
management facilities.
Is the project consistent with the primary objective of pratectian
of the public drinking water supply? - The developer believes it
is. The developer has committed publicly to a quality sub-
division. The project is being planned and engineered under the
scrutiny of County and State regulatory authorities who are re-
enforcing their project reviews with the public concerns expressed
at these public hearings. The emphasis of design is on safe
containment and treatment of wastewater and starmwater runoff. If
all projects were. subject ta. such reviews, the issues of water
pollution could be greatly reduced.
Commissioner Hartwell moved, seconded by Cammissioner willhoit to
refer McLennan's Farm to the Planning Board and continue the
public hearing to February 1, 1988 to receive the planning Board's
recommendation and hear the comments from OWASA.
vote: Unanimous.
~ _.
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