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HomeMy WebLinkAboutAgenda - 08-28-1995 - C 1 (a & b) OR AN G E C 0 U N T Y BOARD OF COMMISSIONERS PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: August 28, 1995 Action Agenda Item # C1 (aft) SUBJECT: LAND USE PLAN AMENDMENT CP-1-95 I-40/Old NC 86 Economic Development Activity Node Expansion ZONING ATLAS AMENDMENT Z-6-95 I-40/Old NC 86 Economic Development District Expansion DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Mary Willis Map of Addison Property Extension 2583 Map of Addison Property TELEPHONE NUMBERS: Correspondence from Property Owners and Hillsborough-732-8181 Area Residents Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To receive citizen comment on a proposed expansion of the I- 40/Old NC 86 Economic Development District to include the remaining portion of two parcels currently split by the district. BACKGROUND: On January 17, 1995, the Board of Commissioners approved a 720-acre EDD in the vicinity of the I-40/Old NC 86 interchange, and on June 26, 1995, revised the EDD boundary to include a strip of properties along the west side of Old NC 86 north of Cates Creek. At issue are two properties split by the EDD boundary. One property is also split by the boundary between Primary and Secondary Development Areas. Addison Property Allen and Sally Ann Addison own a 114-acre parcel in the northwest quadrant of the EDD. Approximately 80 acres of the Addison property on the east side of Cates Creek was included in the EDD as Primary Development Area. The property owner has requested that the portion of the lot Vb located on the west side of Cates Creek also be included in the EDD. The area in question contains about 34 acres. It is bounded by I-40 to the south and west, and Cates Creek and the boundary of the existing EDD to the east. The property to the north is zoned R-3 and is currently undeveloped. It may be developed later as a part of Cornwallis Hills. Although steep slopes will create more development constraints on the west side of Cates Creek than the flatter area found on the east side, non-residential development could occur to the extent that the provisions of the EDD Design Manual allow. Residential development is less desirable and feasible due to the location of the area adjacent to both I-40 and the existing EDD. Access could be provided either by a frontage road along I- 40 or a single crossing of Cates Creek in a more central area of the property, depending on the proposed location of building sites. No access would be permitted through the residential area (Cornwallis Hills) to the north. In addition, residential development to the north would be protected by the 100-foot perimeter buffer. The Planning Staff recommends that the that the entirety of the parcel be included in the EDD and be designated as Primary Development Area. Moren Property Hugh Moren, Jr. and Carolyn Moren own an 87-acre tract located in the northernmost portion of the northeast quadrant of the EDD. Most of the Moren property was included in the EDD except a small area containing about four acres adjacent to Stagecoach Run Subdivision. Of the area in the EDD, about one-half is designated as Primary Development Area, and the other half as Secondary Development Area. The property owner has requested that the remaining acreage be included in the EDD, and that the entirety of his property be designated as Primary I. Four lots on the east side of the existing Stagecoach Run Development were included on the recorded plat for Section 3 of Stagecoach Run Subdivision. Those lots were never developed and were later combined for tax purposes. The Moren property now proposed to be added to the EDD consists of two of those four lots. During the initial EDD public hearing process and prior to creation of the I-40/NC 86 Work Group, the Planning Staff met with residents of Stagecoach Run and discussed issues related to the boundary of the EDD in the vicinity of the subdivision. The district, as initially proposed, was to include two tracts north of Stagecoach Run (Davis property and Nations Bank property) . Mr. Charles Davis indicated that he did not wish to be included in the EDD. The draft boundary was revised to exclude the two tracts, lessening the potential impact on Stagecoach Run. Secondary Development area was proposed along the eastern boundary of the EDD to provide a buffer between the more intensive uses allowed in the Primary Area and the existing residential neighborhoods, including Stagecoach Run and the Woods Mobile Home Park. Upon application of the 100-foot perimeter buffer, the developable portion of the additional area will be limited to one acre (see attached map) . Designation as Secondary Development Area and application of the standards of the EDD Design Manual would restrict activities to small-scale office uses and residential development with a maximum density of two dwelling units per acre. Access to the property from the east through Stagecoach Run would be prohibited. Information submitted by a property owner in Stagecoach Run Subdivision included the attached restrictive covenants which limit use of the property in question to single-family residential use until 1997. The covenants are attached as information only. Private covenants, which are not enforced by Orange County, are not considered in making planning decisions. The Planning Staff recommends that the remaining Moren property be included in the EDD as Secondary Development Area. It is also recommended that the existing Secondary Development Area remain as a buffer between the Primary Area and existing or potential residential development to the east. The limitation of uses in the Secondary Development Area, the relatively small developable area, and the provision of access through the EDD rather than Stagecoach run Subdivision will minimize impacts on adjacent development. RECOI,MNDATION: Article 20 of the Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board within 30 days of receipt of an application. However, Article 20.4 exempts any application for amendments to the Zoning Ordinance by either the public or the County from the provisions of Article 20.3. In either case, though, the public hearing is the time scheduled for presentation of the Zoning Officer's Recommendation. Zoning Officer Recommendation Provided that the Planning Board and Board of Commissioners find in the affirmative, the Zoning Officer recommends approval of the proposed zoning atlas amendment. 011-D Administration Recommendation The Administration recommends that the proposed amendments be referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than October 2, 1995. 1 I� I:III ►� - OFF mo MINIM w law • / � r •1 to 1 1 -_-"_ I -s :E.�-- _' ''Rr is ` � \ 1 �' Rf�: - ♦ ♦ •---.------. I', _ _ #,�r 1 1 1 1 1 _ I + +♦ ♦ ------------ - VR� C� ♦ \...ice' .. - --- i: . / A. \ �M ✓ - I .� 11 ♦ ,A � 1 ��' I ,1 d ♦ � r 1 ♦ 1 1 I ♦� / I 1 1 1 1 �� i 1 1 ♦ � it. I Ili 1 • ,•- �\ \ ♦♦ 1 1 CD CD I I o N S% CD n °c -v °' CD O O CID� ::c- 0_ CD Iz O_ -X:p Q Z � CA c� CD � C/3 00 rn a7 MI =3 n CA i 1 � a ky..`y_ ..w_-a'u•}F.ii \ _ V.�.:a.Y:.; 1 / J I I I I J • i} _ - •�� ti� I I I ♦ �-_ - t � r / 1 I J ♦ �.q•. "��5=`fY�s,'�{ - - �X,. .=F -+�+1,'.si�..yt - - 1 '4?.si. '`..�'_ `?_q..:�3,�`=''�,a°S;3'ns `�,�`'9•�L:�;�.��'„Ifi� _ �'YX-.1+ I � I / r`�i♦ram ; / I / d I �' I t I t ; I I \ / ♦♦ i i I I I ------------------ % -------- -------------- I � I i i r s•� CD CD co cn.. o Z o a 0 n• n cn .art- Cn CD C1131 n .t I • - r 12 February 27, 1995 Mr. Marvin Collins Director of Planning Orange County Planning Department 306F Revere Road Hillsborough, NC 27278 Dear Mr. Collins : As discussed, we would like to have the boundary lines of our property extended for maximum inclusion within the EDD. Also, please rezone our entire property as Primary 1 . The enclosed letter from Charles Davis supports approval by the adjacent property owner. Thank you for your assistance and consideration. Sincerely,, L Hugh G. Moren, J i \ r DUKE UNIVERSITY MEDICAL CENTER W.Allen Addison„M.D. P.O. Box 727 Walter L Thomas Professor 3115 Rippy Lane Division of Gynecologic Specialties Hillsborough, NC 27278 Deparrment of Obstetrics and Gynecology November 28 , 1994 Moses Carey, Chair Orange County Board of Commissioners P.O. Box 8181 Hillsborough, NC 27278 Dear Mr. Carey: We appreciate the time and effort which has been directed by the Commissioners of Orange County and other officials toward orderly development designed to ultimately benefit the entire county. No one would prefer to see the rural atmosphere of Orange County left entirely undisturbed more than we would. However, with the Interstate Corridors and the growth of this strategic vicinity, development will come. It must be carefully nurtured so as to afford the county clean industry, acceptable commerce and decent salaries for its citizens. This equates to a worthwhile tax base for the county. With appropriate care -- as that which seems to be being exercised -- this can be accomplished without unacceptable alteration of the environment. Most of our farm, which we have worked hard to develop and had hoped to live on indefinitely, has been included in the economic development district under current consideration. The northwest corner (shown in red) was excluded, we understand, because the lines were drawn to follow natural barriers. - After careful recent personal reconnaissance, we maintain that no significant natural barrier warrants this. We therefore urgently request that this area of our property be included in the I-40/01d NC 86 Economic Development District in order to avoid split use of our property and the creation of a parcel of land without access. Sincerely yours, aiL W. Allen Addison, M.D. Sally Ann Addison WAA:dfd Box 32%•Durham.North Cam ina 27710•Telephone(919)684-4272•FAX(919)681.7483 1- 4 CHARLES W. DAVIS, JR. A. I.A. )Architect 718 GRAHAM STREET RALEIGH, N. C. 27605 �� 70 0� �. GE71�2 oic' //ZL/9s !�//JA �Ef� � ,� JyoevT7'• y° 740,vs � G /,vc Lv T 9 s — ;;C- r-70 /S Tom` o,c CA2,n -71 P's - T 1 � January 31, 1995 .� Mr. Marvin Collins, Director Orange County Planning Department 306-F Revere Road Idillsborough, NC 27278 Dear Marvin: As discussed within our conversation earlier this week, I would like to request a review by the Planning Board of the proposed buffers for the property beginning on Oakdale Drive and moving South to I-40 on Old NC 86. It is obvious from the decisions made by the County Commissioners that the original recommendation for assignment of Primary I to these properties will not be acceptable. The I-40/Old NC 86 Homeowners Association is working diligently to develop a compromise utilization of our land that would reflect a conscientious effort to meet the Planning Board and Commissioners' objectives. However, we would like for your group to consider a reduction of the buffers, since the original Primary I zone has been deferred. It is especially important that buffer restrictions for corner lots be explored, since buffers are required on the front, back, and side. This reduces useable land tremendously without any compensation. An example would be my property which adjoins the Cornwallis Hills Subdivision on the South side of the main entrance to the subdivision. It is imperative that buffer concessions be explored by the Planning Board as a reflection of their joint commitment to reach a compromise zoning for our land Thanks again for your assistance and support in working with our association for resolution of our concerns. Sincerely, Tom Horne 2611 Winningham Road Chapel Hill, NC 27516 cc: Members, Old 86 NC Homeowners Association T � • if 7V 101 May 14, 1993 I�iAY MEMORANDUM TO: The Orange County Comissioners FROM: Stagecoach Run Homeowners' Association RE: Rezoning and Comprehensive Plan Amendment Z-1-93 During a discussion on Tuesday, May 12 with members of the Orange County Planning Dept., the Economic Development Board and members of the Stagecoach Run Homeowners Association,the homeowners proposed the following three amendments to Plan Z-1-93 (see attached map): 1) The finger of land,east of Stagecoach Run development,located south of the proposed Oakdale Drive extension,Tax Map 4 SE, Block A,Sec 3, be zoned for 40,000 square foot residential lots 2) That lots 1,2,3 and 4 on Tax Map 4 SE,Sec 3, Block A, located on Plat Book 27, page 5 be included in the Stagecoach Run development 3) hat the area beyond the extreme southwest boundary of the Stagecoach Run development be zoned R-2 with a 100 foot buffer It is our understanding that the proposed Secondary Development Area and Greenwa3§surrounding Stagecoach Run will remain in effect as presented to us on May 12, 1993 if these amendments are enacted. CC. Orange County Planning Dept. Economic Development Board n,ten 17 Mr.Steve Riddle, President Stagecoach Rim Homeowners Assoc 814 Fletcher Road Hillsborough, NC 27278 Mr.Marvin Collins, Director Orange County Planning Dept. 306F Revere Road Hillsborough,NC 27278 August 21, 1M Dear Mr. Collins, On May 14, 1993, the Orange County Planning Dept requested a meeting with the Stagecoach Run Homeowner's?association to explain and discuss the effect the EDD would have on our neighborhood. They were most informative and helpful at that meeting. Among our requests were that Lots 1,2,3,and 4 on Tax map 4 SE,Sec.3,Block A,plat book 27,page 5 remain part of the Stagecoach Run development and that there be a 100 foot buffer between the boundaries of the Stagecoach Run development and the EDD. Enclosed,please find a copy of the memorandum and map that resulted from that meeting. Based on that meeting,those lots described above WERE excluded from the EDD and the 100 foot buffer WAS included in the draft EDD Design Manual without further debate and presented for consideration to the Orange County Board of Commissioners. After discussing the latest land use amendment CP-1-95 with you last week,we were informed that the owners, Hugh and Carolyn Moren had requested that Lot 4.45-SE be included once again in the EDD. This would include most of the property(4 acres in the northwest quadrant of Stagecoach Run)we had requested be removed from the EDD in our meeting with Planning Dept members in 1993. The Stagecoach Run Homeowner's Association is the governing and controlling body of this subdivision as outlined in the Restrictive Covenants,State of North.Carolbm Orange County,book 279,page 691 and book 280,page 1715. The Moren's do not have the right to exclude any lots from the Stagecoach Run development The Restrictive Covenants require that each and every lot shall be used solely for residential single family dwellings,. The Stagecoach Run Homeowner's Association is strongly opposed to the Orange County Land Use Plan Amendment which includes approximately 4 acres, Lot 4A5-2E, currently part of Stagecoach Run Development,in the EDD. We will defend our posistion to the fullest went of the law. We beseech the Orange County Planning Board to exclude Lot 4.451E from the EDD and include the 100 foot buffer originally proposed and agreed upon at our meeting with the Planning Dept. in May of 1993. Thank you for your consideration. . Sincerely, _ s �- Stephen l{.Riddle,president Stagecoach Run Homeowner's Assoc cc:Mr.Ted Abernathy r r 1 May 14, 1993 MEMORANDUM TO: The Orange County Commoners FROM: Stagecoach Run Homeowners'Association RE: Rezoning and Comprehensive Plan Amendment Z-1-93 During a discussion on Tuesday, May 12 with members of the Orange County Planning Dept., the Economic Development Board and members of the Stagecoach Run Homeowners Association,the homeowners proposed the following three amendments to Plan Z-1-93 (see attached map): 1) The finger of land,east of Stagecoach Run development,located south of the proposed Oakdale Drive extension,Tax Map 4 SE, Block A,Sec 3,be zoned for 40,000 square foot residential lots 2) That lots 1,2,3 and 4 on Tax Map 4 SE,Sec 3, Block A,located on Plat Book 27,page 5 be included in the Stagecoach Run development 3) That the area beyond the extreme southwest boundary of the Stagecoach Run development be zoned R-2 with a 100 foot buffer It is our understanding that the proposed Secondary Development Area and GEcmM=surrounding Stagecoach Run will remain in effect as presented to us on May 12, L093 if these amendments are enacted cc: Orange County Planning Dept. Economic Development Board 7z, OPOSED REZO ���, •S�l1 - CU C 4 OMJC Q ELaP' hD t E DD BUFFQ I too ._ samle ,.f...t 1 co �--- '„ ... ! { IJV T SRS � � - ..,. � _ 1,� -•-�-�'� , ti ( —VVV AK f=t �-N EQQ �� .. w ...,,s .� O % --------------- - ---, .. === -_Er o - Ila TO . w I - - - — •'• ' w .... _ Qtr • - �� �: loge Ritk5 Z• 1OCLUSk 4015 3j� f r.l,., ?ie, W 11M foo'AUFFFQ W NTH 1a�' RUFFr- � _. ; ,?i l (' 1 (� 1 I _ I 826 I COUNTY OF 280 -.,aI 15 g�..�. rLs S?tICTIVE CO'vie..\.5 I %7E=REAS, ire, CHARLES W. DAMS, JR. and wife, ELLEN m. t JAMES LAN= DAVIS and wife, ANN B. DAVIS; and C;LRCL'1.11 DAMS M.OREN and husband, HUGH G. MORE". , are the owners of all the lots in Stagecoach Run, section 1 as shown on the plat and survey i therec: on file in the office of Register of Deeds of Ora..ae i I Countv, North Carolina, in Plat book 26, at page 188; section 2 ' I as shown in plat book 26, Pace 189; and section 3 as shown in i plat 'book 27, page 5; and whereas, said owners desire to estab- lish a general scheme of development for the said property in � K I order to protect all future owners of said lets from certain I potentially undesirable habits and practices or, t o par= of other t future owners of said lots; I( NCW, THER=EFORE, we, the said owners, by our Attorney-_--- ec=, I Charles W. Davis, Jr. and 24rs. Charles W. Davis, Sr. , do '.le=e__, covenant and agree with all subsequent purchasers and =..-_ra I I owners of said lots jointly and severai.'__r that said lots shall be!; i and are hereby made and declared subject to the :allowing rest_ic- tions and covenants: i I The Stagecoach Run Homeowner's Association, cc=osed _ I i only of property owners, shall be the governing and cunt=11inc i I bodv for this s_-bdivision. Each lot in the area shall have.-One vote in the Associational matters _cncerning the neighborhood. Z. , ach and every lot shall be used for residential _pur- poses!� an-17 and no b__-di-;s other r . . than resdances and/or s== .c_ =_res _c__snta= -ere__ includincgaraces. -uesthouse= or ser- !I rants' :u=r:ers and greens, uses s a!I be _crs=r'.:cted upcn =,e r .�ti:•w.-� ,I prs-4 aes, .._ne o! w .,at .^,e used as a residence it any t4^e. i LV -_o^.ru.r �, _�o lot in Pis S�dl.-SiCn snal1 .^.e s-:1d_,-�eQ an-'- --- en a-.esr � � rasida..res rons___uctad s.- .a_- be s_. _.a -'_:.-_:I units. i s_nCla i='.r_ .:r2.-_. - 3__ ..° =nstructe: lass .I -�_n - JO -z_u-_ -eel .e_-_- --e_. ....�r_a---_ iwellin s _..-__I rI ; a - _ �. - 21;,1 -•ar03r - -- ;) a':e ...�..�...�... ']: .D a� _ ..- 2���CSeG '2a-?C area. , 11, vs� 6Q2 22 sna.- be cons tzu te c � d or amain- twined excep t as 4.=4danzal to t:e erection of a residence, and such a structure shad be removed within thirty (30) days after of tie residence. 6. No obnoxious, offensive or dangerous activity shall- be carried on any time. No disch=-z;e of rifles, pistols or sh,ctg-_ns ( except for home p=otecticn, will be permitted within the sutd-4,14 SIC,- at anv ti=e. 7. Whether used for any purpose or merely standing idle, no house trailers or mobile homes shall be located on the mro- perty te=crari-ly or permanently. This restriction includes such house trailers or mobile homes placed on perranenz founda- 1 Lion. This restriction is not intended to prevent the parking for purposes of storage of a camper or selfzrocelled motor home I in the yard of a residence, provided, however, that said camper ar' motor hc=e 4-3 not to be inhabited at any time while located an said lot. ,a incoerable automobile or Carts of automobiles shall be kept an the =roperty at any tine unless garaged or other-.rise Concealed; it being the intent of this covenant to disallow unuse,;-! 11 or abandoned vehicles and unsightliness. 9. No livestock or =oultry of anv kind shall be kept except for 4cas and cats kept as house pets. No large scale kennel or breeding operation is acceptable. Such pets shall not be a nuisance to the neighborhood. .. Yard pens shall be located to the rear of the residence at no nearer than forty (40) feet anv side or rear lot line. R 10. No buildi.= or Structure shall be located on the procer=-, less than sixth! (60) feet from the front Property lina nor less than fo=zy (40) -fee- f-=cm either side Cr rear ;=,zoezty line. 11- ",a tim!9s3icnal or Signs —y be displayed at anY t'-e, except t'-a,: a For Sale" or "For neat" sign, may be 'e.r=-crazj Iy displi-yed so long as Said sign does not axceed two -rae W`.*Err f eet bv th 3—a. 171.. No hot shat_7 Ce allzwed; zo a=aur.ulate zzash, garage or Se=- maze=-a: s-al: Ce ccl-lected in sanitary conza_,ners aMe. y ow—r. 1 � ., ..4 - 1 279 693 13. No structure shall be built on any Lot until the z-rc=osed plans fcr said st_uct..res have received arch:tact-ral i approval by Charles W. Davis, Jr. , and/or his assigned re_reser.ta-! t_ve. The purpose of the covenant being to achieve a cua__ty sub-! I division, compatible with nature, landscape and adjacent prcper- 1 1 ties in design and construction. 14. It shall be agreed that all property owners is the - ' I subdivision shall be jointly and equally responsible for the main i tenance of the "?rivate Roads". The road will be serviced as often I as deemed necessary by the Homeowner's Association with each lot I I ate, j having one (1) vote and one (1) assessment as required to con- ,: plete the work required. The Homeowner's Association can take appropriate action to enforce-this assessment. ' 15. These covenants shall run with the land and shall be a entitl binding upon the parties hereto and their successors e_ for a period of twenty (20) years from the date these covenants are recorded at the office of tie Register of Leeds of Orange County, .forth Carolina, after which time said covenants shall I ibe automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then j - i owners of the lots has been recorded in said office agreeing to I any change in these covenants in whole or in part. I j 16. The owner or owners of Inv lot in said subdivis-On shall have the absolute right to enforce these restrictions Ind i Covenants by any action in law Or v.uity against any person, Or corporation w.^_o shall- violate_ or attenpt to violate anv of I tz1eS@ restrictions, and 3nV such vitiator shall be liabla for 1 aoaetdry 'amazes _n ad..__icn to the eg-table remedies of tam- II p Orary reStrai.._-.y^ Orders, t!.^OCrary junctions and/Or per- I anent injunctions. 17. Invalidaticn of any cne of t:%ese covenants by ,,--;g-ent n4u�je--.�r•ir. .i Or court Order Snall in no way e___Ct any of the Gthen _es_--____L35 -r - ar: ilCi 1 w s ial re«ai.. -._ �_ __rce and e__ect. 1 •I 24 Bou 279 ?AcE 694 Ar:K.980 4 11 :'xST:MCNY WF Z ZCZF, the said parties off the f4rst part, acting by and t-=Zuct• :harles *.-I. 1'avlls, Jr. a,',,: -rs.-C'-arlas "i. t:e== At=:r=eys-in-_Fact, nave hereunto set their `.and; and seals, mhe --a,.,, and year first above wr-tten. C.--u%RL=S W. DAVIS, JR. , ET-ZEN m. ::-_X=-S Lz-vj:-T'-R DAVIS, A-NN B. CAROLYN DAVIS 34CRM; and H-UGH G. j:­ By, (SEAL) C-HARLES W. DAVIS, JR. Attorney-,"n-Fact Route 3, L-Ilsborouzlh, N. C'. 27278 7 ZA_ Mrs CHAURILES W. DAVIS, SR. .his inst-_=-ent is re- Attorney-in-Fact I recorded to co—act =tat Route 3., E'llsborough, N. C. 27219 i book references. NORTH CAROLINA ORANGE C 0' I Notary Public in and for said' 1 County and State, do here-by certify that Charles W. Davis, Jr. and Y-rs. Chare.s W. Davis, Sr. At=orneys-in-Fact for ­,-aarles -'r. , Ellen M. Davis, Janes Lanier Davis-, Ann B. Davis, Cazol,rn Davis Yo=2n and ;;u7*- n. ,r0ren,_oerscna.l1- anDeazed before ne' L--isll dav by me duly s-.o--n, says that they executed :he f--P� , and be;nc, aci:tg and arzexed instrument for and in behalf:• of :he sairi, C-11-la-zles Davis, jr. , Ellen M. Janes Lanier Davis, Ann B. Da-ris, Davis Davis, Carolvn Davis Yo=an and iuph r. Yore*:, ane chac':-z-*r au=hcr-_*-_- to execute and acl(m.owledge said instrument is cc--'- =zined in an _,-sCr,=enz duly executed, acicnoiqiedged, and reco-.da - in the o" ce of the Register Of Deeds of Oran;e County, State of_,N;=zh Ca=077=a, on the 6th day OF Seote-,ibe=, 1P77, in Boole 277, c pole 315, and :hat s L-Ist'zlmerlt was executed under and by virtue of the aut*-cr4:y: 11-ven. by se.4d `st=,.=enc granting zhe= power of az:o-.rev. f 1 do further eery°- ?-.hat =he said Charles '47. Days, Jr and Mrs. _,Sr_ ack-OW-16dZed C-e due execuaicn of Charles 7. Davis the foregoing and annexed'inst'r=ent for the mu=--oses there4r C-=essed for and in behalf of _­e said Charles =lien 7Dav*s, '—es Lanier Davis, .4,an B. Davis, Carolyn Davis Notary F%-4.4.t ',foren azd ren.• -c Witness my hand and notarial seal, this l3th day of Nove=bet, 1977. z c3=m4ss*on ex --pi-res. April 30, 1-981 7-1 C1161FIVICAT11 Ix Of .r!j- -jr.11r3,8,*44j CIAT10.90 TO all Z 7 9. 17th 1c,?e—_ber a.T Of it a. �Jav 11 20 2-: Of 0612S 3 . . -I S 41013-14 Of Q9402 S JWTS:S:10==EPTIF fi=TO a& SETTY-Wkf-A•JS.ag-,,S- •Of A :In a= &S1 STA%T z4•_---: 1 NORTH CAROLINA ORANGE COUNTY AMENDED RESTRICTIVE COVENANTS AND PROVISIONS FOR ROAD MAINTENANCE WHEREAS, we, the undersigned, are the owners of all the lots in Stagecoach Run, Section One as shown on the plat and survey thereof, on file in the Office of the Register of Deeds of z Orange County, North Carolina, in Plat Book 26, Page 188; Z Stagecoach Run Section Two as shown on plat recorded in Plat Book a 26 , Page 189 of the Orange County Registry; and Stagecoach Run $ Section Three as shown on plat recorded in Plat Book 27 , Page 5 Y C of the Orange County Registry; c AND, WHEREAS, the said owners desire to amend the restrictive covenants recorded in Deed Book 279, Page 691 , and Y Deed Book 280 , Page 1715 of the Orange County Registry, and further desire to set forth certain provisions regarding W maintenance of roads shown on the above referred to plats; N W NOW, THEREFORE, we, the said owners do hereby coverian- and agree with all subsequent purchasers and future owners oC said lots jointly and severally that said lots shall be and are i hereby made and declared subject to the following restrictive covenants and provisions for road maintenance: i i 1 . That the Stagecoach Run Homeowners Association i comprised only of property owners , shall be the governing and i controlling body for thr? subdivision, and shall act through the 2F� authority of a majority vote. All property owners of any of properties shown on the above-referred to plats shall be member, of the Howeowners Association , and each lot within the subdivision as shown on the plats referred to above shall have one vote , meaning that votes shall be assigned by lot and not owner, so that if one person or entity owns more than one lot then said person or entity shall have as many votes and assessments as the number of lots they own . 2 . Each lot which lies on a developed street shall pay t a ONE HUNDRED DOLLARS ($100 . 00 ) minimum assessment per year for normal and ordinary road maintenance, provided, however, that O lot lying on a street which has not been constructed shall be J exempt from road assessments . The Howeowners Association, through the authority of a majority vote of the homeowners , approve an assessment in excess of one hundred dollars if necessary for road maintenance. The said annual payment is W and payable in advance at the regular January meeting at the i i beginning of each year . a It is understood and agreed that in the event a U1 is delinquent in this paymet or any other payment assessed b}' Association for a period of 30 days or more, the Association shall have the authority, through an appointed agent, to place a lien on the property of said delinquent member . Any expenses , including legal fees , incurred by an authorized agent in his performance of duties for the Association shall be borne by the i Association as a whole, any out of pocket expenses shall be i ?7 reimbursed to said agent when evidenced by receipts or other proof of expenditure . 3 . The Homeowners Association acting through a majority vote shall elect one person who will have the authority to determine what road maintenance is necessary to be performed each year, and will further have the authority to expend the funds then held by the Homeowners Association pursuant to the assessment for the said road maintenance; provided, however, that the person selected to determine and supervise the necessary road maintenance shall not have the authority to expend more than the z amount of funds which have been assessed and actually collected w by the Homeowners Association. J 0 4 . The Homeowners Association shall hold an annual meeting on the 1st Monday on or following the 2nd of January of 0 each year . At said annual meeting the Homeowners Association shall elect the person who will determine what maintenance shall s W be done and will supervise that maintenance. It shall be Y a necessary for a quorum of the Homeowners Association to be present and voting; a quorum consisting of a majority of the l.ot. of Sections 1 , 2 and 3 of the subdivision being represented at a meeting, either in person or by proxy . 5 . The person elected shall also have the right to call special meetings at any time he or she deems it to be necessary to discuss any business concerning the Association . Notice of such meetings shall be mailed 10 days prior to such meetings . If a quorum (a representation of the majority of lots in Sections 1 , 2 6 3 ) is present, any rules or regulations f 25 established at the meeting shall be binding to all members , the same as at regular annual meetings . I 6 . There presently exist certain roads shown on the i above-referred to plats which have not been constructed or completed in Sections Two and Three of Stagecoach Run. The assessments described above shall not be used to construct these roads . 7 . In the event that land adjoining either Section • One, Section Two or Section Three of Stagecoach Run as shown on M the above-described plats is subdivided, then such subdivisions omay connect to the road system shown on the plats referred to C O above, provided, however, that the owners of the lots in such subdivision shall agree to be bound by the provisions set forth 0 above regarding assessments and road maintenance and the rules o: the Homeowners Association for Stagecoach Run. 0 8 . Except as to those terms and conditions which by W necessary implication are altered and amended by these amended Y Q d restrictive covenants and provisions for road maintenance, those restrictive covenants recorded in Deed Book 279, Page 691, and W W 3U Deed Book 280 , Page 1715 of the Orange County Registry, shall remain in full force and effect for all lots located in Stagecoach Run Section One, Two and Three. The undersigned, being the owners of a majority of lots! within the subdivision, agree herewith to execute a formal amendment document setting out the above statements, to be recorded in the Office of the Register of Deeds of Orange County i and thereby becoming a permanent part of the restrictive covenants of record . e N N u z i u 0 0 0 0 V J O O D a N 2 C � Q W ' Y Q Q CL 0 W N W z V I I i 3 � ►