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HomeMy WebLinkAboutMinutes - 19851104 0004 MINUVES ORANGE COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING NOVEMBER, 4, 1985 The Orange County Board of Commissioners met in special session on November 4, 1985 at 4:30 p.m. in the Board of Commissioners Room in the Orange County Courthouse, Hillsborough, North Carolina. COMMISSIONERS PRESENT: Chair Willhoit, and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker. AM101M PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Director of Finance Gordon Baker, Deputy Finance Officer Ken Chavious, and Clerk to the Board Beverly A. Blythe. 1_._ AUDIT REPORT FOR YEAR ENDED JUNE 30, 1985 Gordon Baker noted the fund balance available, as indicated in the report, indicates a decrease of $860,000 for the year. The expenditures in excess of revenues for the year totaled approximately $300,000, and $500,000 was moved from available to reserved by State statute. The increase in reserved was the result of an increase in receivables. This will have an impact on the budget for the year 1986-87. Mitch Mumma, Audit Supervisor with Touche Ross, Inc., explained that reserved by state statute represents the amount of revenue that has been recognized on an accrual basis for financial statement purposes but it is not available for appropriation. The statute makes reference to what is available which is cash minus all payables, deferred revenues and anything else that is encumbered. The difference between total fund balance and what is available is reserved by state statue. The receivables from the Federal Government and the State of North Carolina represents the entire reserved amount. This is money that has been recorded as revenue in the year ended June 30, 1985 that has yet to be received. That figure is high because the 1/2 cent sales tax is included. Mitch Mumma noted that the theory behind the money not being available is that the cash is not on hand and there is a separate reserve for encumbrances. One hundred percent of the property taxes receivables are not recognized as revenue but are reserved in the line item deferred revenue. It is an issue of timing because the money recorded as revenue in the year it is received and is not available for appropriation. Commissioner Marshall indicated the three sources of funds which are not available for appropriation but which can be used. They are (1) reserved by State statute which is money that cannot be appropriated but used in a shortfall, (2) fund balance designated for the subsequent years expenditures which is not likely to be used for a specific expense, and (3) undesignated amount that is not designated. Mitch Mumma stated there is an unreserved source from which the Board of Commissioners make a decision on the amount needed to balance the budget. Commissioner Marshall questioned if too much money was being held back in the budget which ultimately cost the people in Orange County. Commissioner Carey questioned if too much money was being held in the undesignated account. 000 55 Gordon Baker indicated that 8% is the minimum amount to be maintained as fund balance available. Chair Willhoit explained that by leaving the extra money in the undesignated account at budget time, the County maintained an amount above the 8% minimum. However, if that amount had been decreased, the County would have fallen below the 8%. Mitch Mumma noted that the fund balance reserved by State Statute is made up substantially by: 1. Intangible tax, 2. 4 cent sales tax, and 3. 1/2 cent sales tax. The 8% figure is based on the year-end expenditures. If that figure increases, the amount required to meet the 8% would likewise increase. Chair Willhoit emphasized that the most compelling argument for having an adequate fund balance is that the staff does not have to spend half their time managing the cash flow or fund balance - that it needs to be of a sufficient level so the Staff can concentrate on other areas. The cost of the personnel action form for the cost-of-living increase was discussed and Ken Thompson indicated that other controls were in place but personnel action forms would be prepared if the Board desired. Rex Price, a partner with Touche Ross, stated that the cost of implementing this suggestion must be wgeighed against the benefit to be derived. In summary Mitch Mumma indicated there is no material weakness in the internal control of the County budget. 2. STATE PLAN DEVELOPMENT FOR CRISIS RELOCATION Charles Cockran, lead planner in the State Division of Emergency Management in the Nuclear Threat Attach section, noted he has been working with Bobby Baker to update the crisis relocation plan, which had never been formally adopted, but which exists in Orange County. The Phase I plan was done in the early part of 1977 which identified certain facilities and buildings available at that time. After the plan has been updated, the State will print that plan and also the natural disaster plan which is also in existence at this time. A community shelter plan will be provided in the plan which will list all the shelters in the County. The citizens in Orange County will be assigned the best shelter spaces. Orange County is likely to receive only the post attack phase with residual radiation and is therefore designated as a host area. The majority of the relocatees in the risk area of Durham County will be directed to the UNC campus in Chapel Hill. This crisis relocation plan will be available for review in about three months. The plan will not work if the bomb would hit without a warning. The plan will only work if there is a buildup of arms. Everyone would be given specific travel times to leave Durham County and arrive in Chapel Hill. In answer to questions from the Board, Cockran indicated that nothing would be stored in the shelters but that the people would bring a supply of food, etc. with them; 1200-1800 vehicles can be moved per lane per hour in accordance with a movement plan; a large number of chemical toilets would be used along with digging trenches, and a plan for moving of the sick and elderly would need to be worked out between the County and the hospitals, nursing homes, etc. EXECUTIVE SESSION Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to go into executive session to discuss (1) litigation and (2) personnel matter. 000~66 Vow: UNANIMOUS. Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to adjourn the executive session to the end of the regular meeting November 4, 1985. VOTE: UNANIMOUS. Don Willhoit, Chair Beverly Blythe, Clerk 00057 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 4, 1985 The Orange County Board of Commissioners met in regular session on November 4, 1985, 7:30 p.m. in the Commissioners' Room of the Orange County Courthouse, Hillsborough, North Carolina. COMMISSIONERS PRESENT: Chair Don Willhoit and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Clerk to the Board Beverly A. Blythe, Director of Finance Gordon Baker, Administrative Secretary Joanna Bradshaw, Director of Planning Marvin Collins, Erosion Control Officer Warren Faircloth, Purchasing Director Pamela Jones, and Planner Susan Smith. A. BOARD COMMENTS Postponed. B. AUDIENCE COMMENTS None. C. MINUTES Postponed. D. APPOINTMENTS Postponed. E. PUBLIC HEARINGS 1. EFLAND SEWER BOND OFFER County Manager Kenneth R. Thompson presented for public comment the order authorizing $200,000 Sanitary Sewer Bonds which was introduced at the meeting on October 15, 1985. THERE BEING NO COMMENTS, THE HEARING WAS CTASED. Don Willhoit read the order authorizing $200,000 sanitary sewer bonds. (The entire order is on pages272-2"Vt of these minutes. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to adopt the order and authorize the County to issue bonds in the amount of $200,000 for sanitary sewer purposes. WTE: UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to direct the Clerk to the Board to publish the order together with the appended statement in the News of Orange and the Durham Herald. VOTE: UNANIMOUS. 2. PROPOSED SEDIMENTATION AND EROSION CONTROL ORDINANCE AMENDMENTS Warren Faircloth presented for public comment the proposed amendments to the Sedimentation and Erosion Control Ordinance. Pat Davis of OWASA spoke in support of the proposed amendments. THERE BEING NO FURTHER COMMENTS, THE HEARING WAS CIASED. Motion was made by Commissioner Marshall to amend the Sedimentation and Erosion Control Ordinance as published. MOTION DIED FOR LACK OF A SECOND. Motion was made by Commissioner Walker, seconded by Commissioner Marshall to refer the proposed Sedimentation and Erosion Control Ordinance amendments listed below to the Planning Board for their recommendation. PROPOSED CHANGES TO THE ORANGE COUNTY 00058 SEDIMENTATION AND EROSION CONTROL ORDINANCE SECTION 2 Section 2 Purposes This ordinance is adopted for the purposes of: (1) Regulating the clearing, grading, excavation, filling and manipulation of the earth and the moving and storing of waters in order to: control and prevent accelerated soil erosion and sedimentation, prevent the pollution of water, prevent damage to public and private property, maintain the balance of nature, prevent the obstruction of natural and artificial drainageways, inhibit flooding and reduce the undermining of roads and other transportation facilities. NOTE: The underlined portions of the paragraph above will be added to the Ordinance. SECTION 3 Section 3 Definitions Act - means the North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to it. NOTE: This definition will be added to the Ordinance. Person Responsible for the Violation - as used in this Ordinance means: (a) the developer or other person who has or holds himself/herself out as having financial or operational control over the land disturbing activity; and /or (b) the landowner or person in possession or control of the land when he/she has directly or indirectly allowed the land-disturbing activity or has benefited from it or he/she has failed to comply with any provision of this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act as imposes a duty upon him/her. NOTE: This definition will be added to the Ordinance. Person Conducting mans-disturbing Activity - means any person who may be held responsible for a violation unless expressly provided otherwise by this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act. NONE: This definition will be substituted for the definition of Person Conducting the Land-disturbing Activity in the Ordinance. Siltation - means sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed, and maintained control measures; and which has been transported from its point of origin within the site of a land-disturbing activity; and which has been deposited, or is in suspension in water. NOTE: This definition will be added to the Ordinance. Sedimentation - means the process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land disturbing activity or into a lake or natural watercourse. NOTE: This definition will be substituted for the definition of sedimentation in the Ordinance. Working Days - means days exclusive of Saturday and Sunday during which weather conditions or soil conditions permit land-disturbing activity to be undertaken. 000�69 NOTE: The word "days" has been added along with the phase "or soil conditions" to this definition. NOTE: The letter designation before each definition in the Ordinance will be deleted and the entire section reorganized with the terms listed in alphabetical order. SECTION 4 Section 4 Scope and Effect Whenever conflicts exist between federal, state or local laws, ordinances, or rules, the more restrictive provision shall apply. NOTE: Note this paragraph will be added at the end of Section 4. SECTION 8 Section 8 Mandatory Standards for Land-disturbing Activity No land-disturbing activity subject to the control of this ordinance shall be undertaken except in accordance with the following mandatory standards: NOTE: The word "mandatory" will be added before "standards". d. Design and Performance of Control Measures - erosion and sedimentation control measures, structures, and devices shall be so planned, designed, and constructed as to provide protection from accelerated erosion and sedimenta- tion from the calculated peak rate of runoff from a ten-year frequency storm. NOTE: The words "protection from" will be substituted for "control of" in the Ordinance. e. Prior Plan Approval - No person shall initiate any land-disturbing activity if more than 20,000 square feet is to be uncovered unless, thirty or more days prior to initiating the activity, an erosion and sedimentation control plan for such activity is filed with, approved by, and a Grading Permit obtained from the County. NOTE: The above paragraph will be added at the end of Section 8. SECTION 9 Section 9 Permanent Downstream Protection of Stream Banks and Channels b. (i) the velocity as determined from the table of permissible velocity for stormwater in 3) , or NOTE: This section has been revised to correctly refer to the table of permissible velocity contained in this section of the Ordinance. SECTION 13 Section 13 Responsibility for Installation and Maintenance During the development of a site, the person engaged in or conducting the land-disturbing activity shall be responsible for installing and maintaining all temporary and permanent erosion and sedimentation control measures and facilities as required by the approved or revised Erosion Control Plan. The responsibility for maintaining all permanent erosion and sedimentation control measures and facilities after site development is completed shall lie with the land owner except facilities and measures installed within road or street right-of-way or easements accepted for maintenance by a government agency. NOTE: Section 13 will be expanded to include responsibility for installation as well as maintenance and rearranged for clarity. The paragraph above will be substituted for the one in the Ordinance. SECTION 15 Section 15 Existing Uncovered Areas b. The Erosion Control Officer will serve upon the landowner written notice to comply by registered or certified mail, return receipt requested, or other means. ®OQf O NOTE: The requirement concerning registered or certified mail is being added to the first sentence in "b". d. This rule shall not require ground cover on cleared land forming the future basin of a planned reservoir unless the disturbance and length of time of the exposure prior to the filling of the reservoir will result in erosion and sedimentation of the downstream channel. NDTE: "d" will be added to Section 15. The condition concerning the time of exposure before filling the reservoir has been added to prevent situations where the site may be left disturbed for long periods if there was a delay in filling the reservoir. SECTION 17 Section 17 Permits a. No permit is required for the following activities: 1. For the purpose of fighting fires. 2. For the stock piling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off-site damage. 3. For disturbances that do not exceed 20,000 square feet in surface area: In determining the area, contiguous lands under one or diverse ownership being developed as a unit will be aggregated. NOTE: This paragraph will be added to Section 17a to specify what activities do not require permits. SECTION 18 Section 18 Erosion and Sedimentation Control Plans C. Failure to approve or disapprove a complete erosion and sedimentation control plan within 30 days of receipt of the complete plan shall be deemed approval. Denial of a plan must specifically state in writing the reasons for denial. The county must approve or deny a revised plan within 15 days of receipt, or it is deemed to be approved. If, following commencement of a land disturbing activity pursuant to an approved plan, the County determines that the plan is inadequate to meet the requirements of this ordinance, the County may require such revisions as are necessary to comply with this ordinance. In order to be considered complete, a plan submitted for approval must contain the proposed erosion control plan, the completed application, the statement of financial responsibility and ownership, and the plan review fee. The 30 day review period begins when all of the components of the complete plan are received. NOTE: Section 18c will be expanded to include the two paragraphs above. e. If the Erosion Control Officer, either upon review of the Erosion Control Plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, revisions to the plan will be required. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the Erosion Control Officer. NOTE: The paragraph above will be added to subsection a of Section 18. f. Erosion Control Plans shall be accompanied by an authorized statement of financial responsibility and ownership. This statement shall be signed by the person financially responsible for the land-disturbing activity or his/her attorney in fact. The statement shall include the mailing and street addresses of the principal place of business of the person financially responsible and of the owner of the land or their registered agents. NOTE: Paragraph "f' will be added at the end of Section 18. 0OQN61 g. A copy of the approved Erosion Control Plan and any amendments and required revisions shall be kept on the job site at all times. NOTE: Paragraph "g" will be added to Section 18. SECTION 19 Section 19 Appeals a. The disapproval or modification of any proposed erosion control plan by the Erosion Control Officer shall entitle the person submitting the plan to an appeal of the decision to the Orange County Planning Director. If the Planning Director upholds the denial, the person shall be entitled to a public hearing if such person submits written demand for a hearing within 15 days after receipt of written notice of disapproval or modification. NOTE: The underlined portion of paragraph "a" will be added to the Ordinance. This change is being added to allow a reasonable appeal prior to holding a public hearing on the denial. d. In the event that the local governing body upholds the disapproval or modification of a proposed erosion control plan following the public hearing, the person submitting the erosion control plan shall be entitled to appeal the local governments action to the North Carolina Sedimentation Control Commission as provided in Section 113A-61(c) of the General Statutes and Title 15 NCAC 4B .0018(b) . NOTE: The paragraph above will be substituted for paragraph "d" in the Ordinance. It has been revised to refer appeals to the Sedimentation Control Commission instead of the Department of Natural Resources and Community Development. SECTION 21 Section 21 Inspections and Investigations b. If, through inspection, it is determined that a person engaged in land disturbing activity has failed to comply with the approved plan, a notice of violation shall be served upon that person by registered or certified mail, return receipt requested, or other means. The notice shall set forth the measures necessary to achieve compliance with the plan, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. If the person engaged in land disturbing activity fails to comply within the time specified, enforcement action shall be initiated. NOTE: Section 21b of the Ordinance will be replaced with the paragraph above. SECTION 22 Section 22 Penalties a. (1) Any person who violates any of the provisions of this ordinance or rules or orders adopted or issued pursuant to this ordinance, or who initiates or continues a land-disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be subject to a civil penalty of not more than $100. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation by registered or certified mail, return receipt requested, or other means. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation must be corrected, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. Each day of a continuing violation shall constitute a separate violation under Section 22(a) (1) . OOOti02 NOTE: The underlined portion of Section 22a (1) will be added to the Ordinance. a. Civil Penalties (2) The Orange County Board of Commissioners shall determine the amount of the civil penalty to be assessed under this subsection and shall make written demand for payment upon the person in violation, and shall set forth in detail a description of the violation for which the penalty has been imposed. In determining the amount of the penalty the Board of Commissioners shall consider the degree and extent of harm caused by the violation and the cost of rectifying the damage. If payment is not received or equitable settlement reached within 30 days after demand for payment is made the matter shall be referred to the county attorney for institution of a civil action in the name of Orange County, in the appropriate division of the General Courts of Justice for recovery of the penalty. Any sums recovered shall be used to carry out the purposes and requirements of this ordinance. NOTE: The underlined portion of Section 22a (2) will be added to the Ordinance. CF. ITEMS FOR DECISION-CME4T AGENDA The County Manager recommended the following action by the Board: 1. SPECIAL PUBLIC HEARING DECEMBER 3R 1985 Schedule a special public hearing to be held in Hillsborough for the joint planning area for December 3 to hear a rezoning request. 3. ADDITION TO STATE ROAD SYSTEM-MALLARD COURT Approve a petition for addition of Mallard Court in Sycamore Run subdivision to the state maintained secondary roads system. 6. BUDQET AME i MENTS Amend the 1985-86 Budget Ordinance as follows: GENERAL FUND Appropriation-Orange H.S. Expansion $ 670,000 Appropriation-Chapel Hill-Carrboro Science Labs $ 80,000 Appropriation-Chapel Hill-Carrboro Multipurpose $ 516,000 Appropriation-Chapel Hill-Carrboro Schematics $ 48,452 Source-School Capital Reserve $11314,452 SCHOOL CAPITAL RESERVE Appropriation-transfer to School Capital Reserve$1,314,452 Source-Transfer from General Fund $ 376,470 Source-Property Tax $ 550,000 Source-Investment Earnings $ 18,000 Source-Fund Balance $ 369,982 7 ORANGE COUNTY ARTS CCMISSION--"INATION OF LOCAL DISTRIBUTION AGENT Approve the nomination of the Orange County Arts Commission as the official Local Distribution Agent (LDA) for the County's Grassroots Arts Program Funds and authorize the Chair to sign and return the nomination form to the County Liaison for delivery to the N.C. Arts Council. 8 EXTENSION OF CONTRACT WITH D W WARD COWTRUGTION CO. FOR RENDMION OF RFSnR(= FACILITIES AT CEDAR GROVE AND NEW COURTHOUSE Extend the contract deadline date by no less than 90 days because of a delay in receipt of materials. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey that the forgoing action be taken by the Board. VOTE: UNANIMOUS. OOOti63 2. JOINT PTAHME ARZE pr_MIC MEETING SCHMULE Dr. Alice Gordon, Chair of the Orange County Planning Board, told the Commissioners that the Chapel Hill Planning Board had questioned the desirability of having a public hearing on the Joint Planning Area Land Use Plan on January 14. The Chapel Hill Planning Board had suggested the possibility of having a second public meeting on that date with the formal public hearing to come later. The reason for the delay was to allow more opportunity for public comment prior to a hearing. Chair Willhoit expressed concern over delaying the public hearing again and suggested that he be allowed to contact the Town of Chapel Hill to discuss the matter further. He further suggested that the January 14 meeting (public hearing or public information meeting) be left open and considered at the next meeting. Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the schedule of meetings and work sessions for the preparation/presentation of the Joint Planning Area Land Use Plan as follows: October 24 - Completion of Digests of Joint Planning Area background information. November 13 - Public Information Meeting in Chapel Hill at Culbreth Junior High School. December 3 - Joint Orange County-Chapel Hill Planning Board Work Session. December 10 - Joint Board of Commissioners-Planning Board Work Session. January 7 - Orange County Planning Board to review the draft Joint Planning Land Use Plan. January 14 - Meeting on Joint Planning Area Land Use Plan. VM: UNANIMOUS. 4. ADVMISEMEW OF PROPOSED ZONING ORDINANCE AND SUBDIVISION REGULATIONS TEST AME 4ENTS (A copy of the complete narrative is in the permanent agenda file in the Clerk's office) Chair Willhoit suggested that an amendment be added to the public hearing dealing with impervious surface ratios and permitting non-contiguous property to be considered in determining compliance with impervious surface ratios. If the sum of the ratios for two parcels meet the impervious surface ratio requirements, it would be considered in compliance with the Ordinance provisions. The Orange Grove Fire Station expansion could be remedied by such an amendment. Susan Smith referred to the wording of the advertisement about the receipt of public comment, and Geoffrey Gledhill indicated that the only testimony that the Board may consider is that which is heard at a public hearing and that any written testimony may not be considered if there is an objection. It was decided that the paragraph which refers to the receipt of written comments be deleted from the advertisement. Board discussion on receipt of public comments after the public hearing resulted in a board policy on the subject. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve a Board policy that public input on items that go to public hearing will be limited to those received at the public hearing. VOTE: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Commissioner OOOti64 Carey to approve the advertisement of proposed zoning ordinance and subdivision regulations text amendments as corrected. VOTE: UNANIMOUS. 5 CARR MITT. MATT. OFFICE IXASE RFRVFInTAL Postponed until the next meeting. G ITEM FOR DECISION-CHATDLERIS GREEN (JPA APPLICATION) PD-2-85 Planning Director Marvin Collins presented for consideration the Planned Development/Rezoning/Special Use Permit application for Chandler's Green. The application was presented at public hearing on June 11 and September 10, 1985. The applicant, Allenton Realty, has requested a Planned Development-Housing (PD-H) and Residential-2 (R-2) rezoning designation for 80.2 acres out of a 99.44 acre tract located contiguous to the Town of Chapel Hill's northeast corporate boundaries and situated between Sunrise Road, I-40 and Weaver Dairy Road. The Planning Board considered the request and recommended approval with the attachment of 28 conditions. The Chapel Hill Town Council recommended approval subject to 22 conditions. The Planning Board in considering the request found that it complied with Article 8.2.2 of the Zoning Ordinance in that it was in general compliance with the general standards, specific rules and required regulations with the exception of the provision of sight distance at points of access, the provision of the 100-foot open space perimeter requirement and the satisfaction of the maximum floor area ratio requirement. They also recommended that the application be approved because they could find no reason, based on the evidence presented at the public hearing, that the use would not promote the public health, safety and general welfare; that it would not maintain or enhance the value of contiguous property; and that it was not in compliance with the general plans of the County. The conditions recommended by the Planning Board are similar to those approved by the Chapel Hill Town Council. Collins first reviewed the two changes and additions made by the Chapel Hill Town Council to the original list of conditions submitted by the Chapel Hill Planning Staff. He then compared the conditions as outlined by the Orange County Planning Board with those conditions recommended by the Chapel Hill Town Council. Both lists are essentially the same with the following exceptions: (1) Orange County Planning Board condition #23 recommends that in lieu of a 100' buffer strip extending around the entire perimeter of the property, that a 30' buffer be provided along the frontage of Sunrise Road and a 50' buffer be provided adjacent to Weaver Dairy Road. Both buffers would be Town of Chapel Hill Type "C". (2) Orange County Planning Board condition #16 does not require that the proposed recreational facility be relocated from under the Duke Power easement or utility lines. The Planning Board agreed with the location as shown on the plat. (3) The Orange County Planning Board did not include Chapel Hill's conditions #21, 22, or 23 in their list of conditions. (4) The question of Sweeten Creek Road was not specifically addressed by Chapel Hill. It is addressed in Orange County's condition #6. A question arose concerning the design standards to which Sweeten Creek Road should be built. It was decided that Orange County condition #11 would be reworded to address the situation and substituted for Chapel Hill condition #9. 000205 WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS DDCLARED CLOSED. Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd, that the negative findings of fact are in concurrence with those found by the Planning Board. VOTE: UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Lloyd, that based upon the findings of the Board following review and consideration of the evidence presented at public hearing on June 11, 1985 and September 10, 1985 and, on the decision to attach conditions of approval, including condition #24 which addresses the specific negative findings as listed in Articles 8.6, 8.8 and 7 of the Orange County Zoning Ordinance to an equivalent or greater degree as provided in Section 7.3, the Board of Ccomissioners approves with the conditions listed below the Planned Development Housing Residential-2 rezoning and the issuance of a Class A Special Use Permit. VOM: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Commissioner Carey, to approve the preliminary plan for Chandler's Subdivision, the plan being the same as the revised site plan for which a Class A Special Use Permit and rezoning was approved, subject to the conditions attached to the Special Use Permit. VOTE: UNANIMOUS. 1. That temporary turnarounds to Town standards be provided at all stub-out streets, and provide a sign at the end of the road stating this street is subject to "future extension." 2. That a street with a 60-foot right-of-way be constructed to Town standards to stub out from Sweeten Creek Road to the eastern property line at the Carroll property to the east of this subdivision. Plans for this street shall be approved by the Town Manager prior to the approval of the Final Plat. This street shall be aligned with the proposed stub-out shown on the site plan providing access to property to the west. 3. That the recreation area be screened from adjacent properties by a suitable hedge screen and vegetation. Plans shall be approved by the Town Manager prior to approval of the Final Plat. 4. That utility easements as required by OWASA be shown on the Final Plat. These easements shall include easements to adjoin- ing properties. 5. That a 10-foot non-access easement be provided along the rear of the lots adjoining the 60-foot public right-of-way at the northwest property line. This easement shall be labeled so as to prohibit driveway or vehicular access onto the 60-foot right-of-sway. 6. That Weaver Dairy Road be improved to 1/2 of a 65-foot cross section with curb, gutter and sidewalk, with dedication of 1/2 of a 90-foot right-of-way along the site's frontage, to include a left turn lane on Weaver Dairy Road. 7. That Sunrise Road be improved to 1/2 of a 41-foot cross section with curb, gutter, and sidewalk, with dedication of 1/2 of a 70 foot right-of-way along the site's frontage, and that a buffer OOOti00 be provided along Sunrise Road that is at least equivalent to a Type C buffer as described in the Chapel Hill Development Ordinance. 8. That Landing Drive be constructed as a cul-de-sac rather than stubbed out to the property line. 9. That final plans for all proposed streets be according to Town standards with corresponding right-of-way widths as required under the Town Design Manual and approved by the Town Manager and County Manager before issuance of a Special Use Permit and that final plans for Weaver Dairy Road and Sunrise Drive im- provements be approved by the Town Manager and County Manager and NCDOT before issuance of Special Use Permit 10. That prior to paving streets, utility service laterals be stubbed out to the front property lines of each lot. Sanitary sewer laterals shall be capped off above ground. 11. That easement documents as required by OWASA be recorded before final plat approval, and that the property owner bear the cost of any assessments required by OWASA for maintenance of fire hydrants until such time as this responsibility is assumed by a homeowners association or a public entity. 12. That plans for phasing the development be approved by the Town Manager prior to the approval of the Final Plat. 13. That a stormwater management plan with hydrologic calculations be approved by the Town Manager before issuance of a Zoning Compliance Permit. 14. That final utility plans be approved by the Town Manager, OWASA Duke Power, Southern Bell, and Village Cable before issuance of a Zoning Compliance Permit. All lines shall be underground. 15. That a soil erosion and sedimentation control plan be approved by the Orange County Erosion Control Officer before issuance of a Zoning compliance Permit. 16. That the names of the development and its streets be approved by the Town Manager prior to issuance of a Zoning Compliance Permit. 17. That a total of 3.21 acres of open space be shown on the final plat; or, at the applicant's option, a payment in lieu of open space reservation be made for the difference between open space required and provided. 18. That drainage easements be provided through Lots 13, 14, and 18,as shown on the preliminary plat. 19. That the proposed recreation area be moved outside of the existing Duke Power easement. 20. That a pedestrian and non-motorized vehicle easement be dedi- cated coterminous with the existing Duke Power easement. 21. That the continued validity and effectiveness of this approval is expressly conditioned upon compliance with or fulfillment of these conditions, and upon compliance with applicable provi- sions of the Chapel Hill Development Ordinance and regulations thereunder. 22. If any of the above conditions shall be held invalid or void, then this approval shall be void and of no effect. 23. That all applicable requirements of the Orange Zoning Ordinance be satisfied including the designation of sight distances at 0006°7 points of ingress & egress and specification of the maximum floor area per lot. In lieu of the provision of a 100-foot perimeter open space a 30-foot buffer shall be provided along the frontage of Sunrise Road and a 50-foot buffer shall be provided along the frontage of Weaver Dairy Road. These buffers shall meet Town of Chapel Hill Type C buffer standards. 24. That all structures be erected on compliance with applicable building codes following submittal for and issuance of building permits. 25. That a phasing plan be submitted to and approved by the County Manager and/or Town Manager prior to the issuance of any grad- ing and construction permits and that all site improvements required for each phase be completed before a Certificate of Occupancy is issued for any unit within a given phase. 26. A final boundary survey of the Planned Development and improve- ments shall be recorded by the developer. 27. 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 and Chapel Hill Planning Department. Grading and building permits, upon application, will be issued after approval and recordation of the Special Use Permit. 28. 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. 29. 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 public improvements 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. Security for construction of the improve- ments in this project may follow phasing in the project. Specifically, as improvements are completed in each phase, 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. 30. Security shall be provided for the grading, paving and stabili- zation of all cleared areas, streets and other vehicular travelways; sidewalks and other pedestrian walkways; erection of street signs; utility installation and hookups; recreational facilities; and landscaping. 31. Roads, parking areas, walkways, street signs, utilities, recreation facilities and sites and landscaping shall be main- tained as constructed. All such improvements and facilities shall further be maintained and operated in a safe manner. 32. The grantee shall promulgate Articles of Incorporation govern- ing tenancy in the development and shall record a copy of the 00008 Articles of Incorporation and regulations promulgated under this condition in the Orange County Registry of Deeds. H. FURTHER ITEMS FOR DBQISION 1. Z-10-85 CQRNWALLIS HILLS REZONING REQUEST Planning Director Marvin Collins presented for consideration of approval a proposed rezoning request which was submitted to public hearing on August 26, 1985. The request involved 64.71 acres of land located west of Old NC 86 and of the property south of Oakdale Drive. The present zoning of the property is R-1. The applicant is requesting that the entire acreage be rezoned to R-3. The Planning Board recommends approval of the rezoning. Motion was made by Commissioner Marshall, seconded by Commissioner Carey that all standards for rezoning have been met and that the rezoning request be approved. VOTE: UNANIMOUS. 2. COR WALLIS HILLS PHASE II, III. & IV To consider approval of the Preliminary Plan for Cornwallis Hills Subdivision Phases II, III and IV, which is located west of Old NC 86 and south of Oakdale Drive. The Planning Board recommended approval of the preliminary plan with the following conditions: 1. All water and sewer easements outside of road rights-of-way must be shown, including easements for the water tower and pump stations for Phase I and II. 2. Old NC 86 shall include a left turn land and deceleration lane at the Lafeyette Drive entrance. 3. Lafeyette Drive should include a left turn at the Old NC 86 entrance. 4. If a sign is proposed at the Oakdale Drive entrance, the sign location and size must be indicated. 5. Drainage ways, water courses and the floodplain boundary must be surveyed on the final plan in order to insure accurate location. 6. Homeowners Association documents mast be submitted for review and approval by the Orange County Attorney prior to approval of the final plan. 7. A grading plan must be submitted to and approved by the Orange County Erosion Control Officer prior to approval of the final plan. 8. water and sewer plans mast be submitted to and approved by the State of North Carolina and the Town of Hillsborough prior to approval of the final plan. 9. Letters of credit must be submitted for review and approval by the Orange County Attorney for all proposed street, utility, drainage and landscaping improvements prior to approval of the final plan. Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd, to approve the preliminary plan for Cornwallis Hills, Phases II, III and IV, with the conditions as recommended by the Planning Board. VOTE: UNANIMOUS. 3. PRQPERTY SURVEYED FOR LEONARD J- BFCW-ER - PRELIMINARY To consider approval of the Preliminary Plan for the property surveyed for Leonard J. Brower which is located on NC 57 in Little River Town- ship. One 2.5 acre lot is proposed. The Planning Board recommended approval subject to one condition. 400~69 Motion was made by Commissioner Lloyd, seconded by Commissioner Walker to approve the Preliminary Plan with the condition that a 30-foot drainage easement be provided along the stream which bisects the property. VOTE: UNANIMOUS. 4. HERON POND SUBDIVISI0"RELIMINARY To consider approval of the Preliminary Plat for Heron Pond Subdivision, Property of Alber A. Willette, which is located on SR 1005 in Bingham Township. Eight (8) lots are proposed out of 26.714 acres. The property is zoned A-R. The Planning Board recommended approval subject to one condition. Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd, to approve the preliminary subdivision plat with the condition that property lines be platted to the centerline of the right-of-way in that private roads are part of the lots. VOTE: UNANIMOUS. 5. SOUTH FORK SECTION III SUBDIVISION-PRELIMINARY To consider approval of the Preliminary Plan for South Fork Subdi- vision, Section III, which is located in Little River Township on NC 57. Five (5) lots are proposed out of 13.5 acres. At the Planning Department's request, NCDOT reviewed the sight distances and found them to be adequate in both directions. The Planning Board recommended approval with combined driveways between lots 2 and 3 and lots 4 and 5. Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the recommendation of the Planning Board including the con- dition regarding combined driveways. VOTE: UNANIMOUS. 6 FOX MEADOW SUBDIVISION-SECTION III - PRELIMINARY To consider approval of the Preliminary Plat for Fox Meadow Subdivi- sion, Section III, which is located in Chapel Hill Township off Rogers Road. There are 29 lots proposed out of approximately 31.81 acres. The property is zoned R 1. The Planning Board recommended approval subject to six (6) conditions: 1. A 50-foot radius for temporary cul-de-sac for Tallyho Trail. 2. Erection of street signs constructed and installed to Orange County standards at all street intersections. 3. Placement of the notation on the plat that lots #28, 31, 39, 40, 41, 46 and 48 are restricted for development purposes and recordation of the legal document providing notice of same. The plat notation should read as follows: These lots are of restricted development potential because of the unsuitability of the subsurface soil for the installation of an on-site soil absorption sewage disposal facility as determined by the Orange County Health Department pursuant to Section IV-B-2 of the Orange County Subdivision Regulations. 4. A 50-foot easement on the west side and a 25-foot easement on the east side of the stream flowing north through lots #28, 29, 30, 31, 32, 33, 39 and 46 and a 25-foot easement on both sides of the stream flowing southwest through lots #22, 33 and 34 shall be designated on the plat. 5. Road improvements plans must be submitted to and approved by the North Carolina Department of Transportation prior to approval of the Final Plan. 000ti70 6. Written certification must be received from NCDOT prior to BOCC review of the Preliminary Plat (ADDED BY THE PLANNING BOARD 10- 21-85) Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to approve the recommendation of the Planning Board including the attached conditions. VOTE: UNANIMOUS. 7. NORTH DIXIE SUBDIVISION-SECTION III - PRELIMINARY To consider approval of the Preliminary Plat for North Dixie Subdi- vision, Section III, located in Hillsborough Township at the intersection of Harper Street and Dixie Avenue. Thirty (30) lots are proposed out of approximately 12.4 acres. The Planning Board recommended approval subject to seven (7) conditions: 1. Thirty-foot minimum drainage easements. 2. Fifty-foot radius for temporary cul-de-sac on proposed lower Loop Road. 3. ROW for Dixie Avenue. 4. Typical lot layout for lots with the Town of Hillsborough plan- ning jurisdiction (R-10 zoning district applicable to lots 27, 28 and 29) . 5. All lots meet the minimum dimensional requirements of Orange County and the Town of Hillsborough. 6. Review and approval of the preliminary utility layout by the Town of Hillsborough Water and Sewer Superintendent and Commis- sioner. State approval of the water line installed in Harper Street was given on 5-24-85. State approval of the sewer plans was given on 12-11-84. 7. Approval of all proposed road names. Motion was made by Commissioner Lloyd, seconded by Commissioner Walker to approve the recommendation of the Planning Board, including the attached conditions. VOTE: UNANIMOUS. 8 LACY BURGH ESTATES SUBDIVISION-PHASE TWO - PRELIMINARY To consider approval of the Preliminary Plan for Phase Two of the Lacy Burch property located on Link Road in Chapel Hill Township. Three lots are proposed out of 2.82 acres. The property is zoned R-1. The Planning Board recommended approval subject to three (3) conditions: 1. That Link Road be improved as a public road to the North Carolina Department of Transportation's standards from its intersection with Seawell School Road to the eastern boundary of the subdivision, with a temporary T-turnaround at its eastern end. Plans for the Link Road improvements shall be approved by the Department of Transportation. 2. That a public water line be extended from the existing line in Sewell School Road to serve the subdivision lots. Plans for the extension shall be approved by OWASA prior to final plat approval. 3. that utility easements be dedicated within the subdivision as necessary to allow the future provision of public sewer service to the subdivision and adjacent properties. Easement documents shall be approved by OWASA prior to final plat approval. Motion was made by Commissioner Walker, seconded by Co missioner 0002471 Carey to approve the recommendation of the Planning Board, including the attached conditions. VOTE: UNANIMOUS. 9_. COVERED BRIDGE T - M=2 SUBDIVISION - CLASS A PRIVATE. ROAD To consider a request for a Class A Private Road to serve lot 2 of the Covered Bridge Subdivision. The Planning Department recommends that a Class A Private Road be approved. Motion was made by Commissioner Carey, seconded by Commissioner Walker, to approve the recommendation of the Planning Department. VOTE: UNANIMOUS. 10, FZS DISPLAY REQUEST Motion was made by Commissioner Walker, seconded by Commissioner Lloyd to authorize the permits for Mr. Jack Davis of MOPAC, Inc. for public exhibitions to take place December 31, 1985 and July 4, 1986 upon the condi- tion that prior to the events the applicant will provide the County Manager's Office with the following: 1. Letters of certification from the public safety agencies, covering the events. 2. A site plan indicating all safety precautions such as location of barriers for spectator control, areas in which the fireworks will be discharged, viewing areas. 3. Evidence of general liability insurance coverage in the amount of one million with the Orange County School System and Orange County as the additional name insured, and 4. A letter of confirmation that the event will be supervised by the fire department. VOTE: UNANIMOUS. 11, LIVFSTQCK MARKET To consider what further actions, if any, the Board feels would be appropriate to take regarding the FCX Livestock Market. Commissioner Lloyd informed the Board that the FCX Board of Directors is negotiating with outside concerns in an attempt to maintain the Livestock Market for Orange County. Motion was made by Commissioner Lloyd, seconded by Commissioner Walker that the item be tabled. Chair Willhoit expressed support and concern that the Livestock Market stay in its present location. VOTE: UNANIMOUS. 13, EFLAND SEWER OPERATING RULES AND REGULATIONS By consensus this item was tabled until the next meeting. EXECUTIVE SESSION-ITEM CONTINUED Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to adjourn into Executive Session. ADJOURNMENT Chair Willhoit adjourned the meeting. The next regular meeting will be held on November 19, 1985, 7:30 p.m. in the Courtroom of the Old Post Office, Chapel Hill, North Carolina. Don Willhoit, Chair Beverly A. Blythe, Clerk The Board of Commissioners for the County of Orange, North Carolina, met in regular session in the Commissioners' Meeting Room at -106 Margaret Lane in Hillsborough, North Carolina, the regular place of meeting, at 7 : 30 P.M. on November 4, 1985. Present: Chairman Donald L. Willhoit, presiding, and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker Absent: • The Chairman announced that this was the hour and day fixed by the Board of Commissioners for the public hearing upon the order entitled: "ORDER AUTHORIZING $200, 000 SANITARY SEWER BONDS" and that the Board of Commissioners would immediately hear anyone who might wish to be heard on the question of the validity of said order or the advisability of issuing said bonds . No one appeared, either in person or by attorney, to be heard on the question of the validity of said order or the ad- visability of issuing said bonds and the and Clerk to the Board of Commissioners announced that no written statement relating to said question had been received. { BROWN WOOD IVEY MITCHELL&PETTY. ONE WORLD TRADE CF_NTER.NEW YORK.N.Y.10049 000:' 3 Thereupon, upon motion of Commissioner Marshall seconded by Commissioner Carey and carried, the order introduced and passed on first reading on October 15, 1985 entitled: "ORDER AUTHORIZING $200, 000 SANITARY SEWER BONDS" was read a second time and placed upon its final passage. The vote upon the final passage of said order was: Ayes: Commissioners Willhoit, Marshall, Carey, Lloyd and _Walker Noes: The Chairman then announced that the order entitled: "ORDER AUTHORIZING $200,000 SANITARY SEWER BONDS" had been adopted. The Clerk to the Board_ of Commissioners was thereupon directed to publish said order, together with the appended statement as required by The Local Government Bond Act, as amended, once in The News of Orange and The Durham Morning Herald. I, Beverly 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 November 4, 1985 as relates in any way to the adoption of an order authorizing bonds of said County and that said proceedings are recorded in Minute Book No. 19 of the minutes of said Board, beginning at page and ending at page -2- OOOti74 I DO HEREBY FURTHER CERTIFY that a schedule of regular meetings of said Board of Commissioners, stating that regular meetings of said Board are held on the first Monday of each month in the Commissioners' Meeting Room at 106 Margaret Lane in Hills- borough, North Carolina at 7: 30 P.M. and on the third Tuesday of each month in the District Courtroom of the Old Chapel Hill post Office in Chapel Hill, North Carolina at 7:30 P.M., has been on file in my office pursuant to G.S. §143-°318.12, as of a date not less than seven days before said meeting. WITNESS my hand and the corporate seal of said County, this 4th day of November, 1985. Clerk to the Board. of mmissioners I i I i i 3.. I