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Agenda - 11-04-1985
ORANGE CCUNTY BOARD OF COMMISSIONERS AGENDA MONDAY, NOVEMBER 4, 1985 CCNMISSICNERS ROM HILLSBOROUGH, N.C. p AAM _GI 1. Audit Report for Year Ended June 30, 1985 2. State Plan Development for Crisis Relocation 5120-2a.--MMEURMagjo 1. Litigation 2. Personnel Matter ZralUstia-MIILMARgam A. liCaBasumma B. At_Antrzsmarca 1. Matters on the Printed Agenda 2. Matters not on the Printed Agenda C. ER= D. Magann PAGE # E. Elaticizam. 006 1. Efland Sewer Bond Order 010 2. Proposed Amendments—Sedimentation and Erosion Control Ordinance P. Xgats,m2ELDAramaiatmitagma A motion to approve various ordinances and motions (any item may be removed for separate consideration) 021 1. Special Public Hearing---December 3, 1985 022 2. Joint Planning Area Public Meeting Schedule 026 3. Addition to State Road System 029 4. Advertisement of Proposed Amendments to Zoning Ctdinance/Development Application—Novmber 25, 1985 Public Bearing 035 5. Carr Mill Mall Office Lease Renewal 050 6. Budget Anerxlments 052 7. Nomination of Local Distributing Agent (ID) for the Grassroots Arts Program 058 8. Extension of Contract with D. W. Ward Construction Caany G,. r- S CO-w_L.4.1A ttO 'AUDI 110Z LiM fiY 2201tinra-IXAMEMEITantimanixtzu 061 1. PD-2-85 Chandler's Green UFA Application) PAGE # R. k t]j.,IEk IT S FQR 1glCIS1ON 111 1. Z-10-85 (rezoning Request) Cornwallis Hills 121 2. Cornwallis Bills Subdivision-Phase II, III, and IV (Preliminary) 140 3. Leonard J. Brower Subdivision (Preliminary) 145 4. Heron Pond Subdivision (Preliminary) 151 5. South Fork Subdivision--Section III (Preliminary) 155 6. Fox Meadow Subdivision—Section III (Preliminary) 171 7. North Dixie Subdivision—Section III (Preliminary) 183 8. Lacy Burch Subdivision-Phase II (Preliminary) 205 9. Covered Bridge Subdivision I (Minor)Approval of Class A Private Road 10. Fireworks Display Request 11. Livestock Market 12. Efland Sewer Bond Order 13. .S£land Sewer Operating Rules and Regulations I. Ar IDt R E! 6*- OP.A.KGE COUNTY 004 BOARD CF. IONS Action Xsar.da ACTION Item C AGEN.104. ASSIVACT NEESTMG DATE Nov. 4, 1985 -. Subject:: MOMS • Dep 'artirent: Board of County Commissioners ' Public Hearing: Yes •• - I Atteammant(e) : • Information. Contact: Beverly A. Blythe • untER SEPARATE COVER - - Phone Number: 732-8181, 968-4501, 22T-OP31 PURPOSE: To correct and/or approve the minutes as submitted for consideration: July 3, 1985 Continued Meeting August 5, 1985 Regular Meeting • August 20, 1985 Regular Meeting . • • September 3, 1985 Regular Meeting September 17, 1985 Regular Meeting ' September 30, 1985 Regular Meeting October 15, 1985 Regular Meeting • • NEED: . Approval so the minutes may be entered into the official minute book in the Clerkws office. RECOMODATION: As the Board decides. • MAME COUNTY 005 , Bakre cP COMUSSION.&R.5 - ,A7.6.041. Ronda Item No.1) ACRION AGENDA 19.124 ABSTRACT NEE1E0S73 ERIE November 4, 1985 Subjecti' APPOIETMENTS Deparianant: Board of County Commissioners Public Ilearimj: yes y no Attachment(s): Info=4...ion. Contact: Beverly A. Blythe UNDER SEPARATE COVER • male trumbex: .732-8181, 968-4501, 22T-0231 PURPOSE: To•maintainmembership at effective levels on Commissioners' appointed Boards. B-6 - BEAUTRAED MEDICAL CARE ADVISORY BOARD - 1 vacancy; 4 resumes are •110111111■1011111110111111111MONlamilimilli■plw presented for consideration. B-11 - SOLID WASTE TASK FORCE - 1 additional resume has been received. IMPACT: To maintain 100% membership on Commissioners' appointed Boards and Commissions. RECOMMENDATION: As the Board decides. • • • • The Board of Commissioners for the County of Orange, North Carolina, met in regular session in the Commissioners' ---- --heating 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 W000 IVEY MITCHELL&PETTY.ONE WORLD TRACE CENTER.NEW YORK KY.N.Y.10048 • • • • • - • • Thereupon, upon motion of Commissioner Marshall • , • seconded by Commissioner Carey and carried, the order introduced and passed on first reading on October 15, 1985 dntitled: "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 Wil3.hoit, Marshall, Carey, Lloyd and 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. lg of the minutes of said Board, beginning at page and ending at page • -2- • • • • • • I DO HEREBY FURTHER CERTIFY that a schedule of regular meettags-of-daia'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 t e Board of ommissioners -3- 1• 010 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Data November 4, 1985 ActionpAfienda Item #GA. SUBJECT: PROPOSED SEDIMENTATON AND EROSION CONTROL ORDINANCE AMENDMENTS DEPARTMENT: PLANNING PUBLIC HEARING X Yes No Attachment(s) Information Contact : WARREN FAIRCLOTH TEXT OF PROPOSED AMENDMENTS LETTER FROM CHAIRMAN OF SEDIMENTATION CONTROL COMMISSION Telephone Numbers Hillsborough — 732-8181 — Durham — 888-7331 -- EXT 351 Mebane — 227-2031 Chapel. Hill — 968-4501 PURPOSE: To receive public comment on proposed amendments to the Sedi- mentation and Erosion Control Ordinance. NEED: The North Carolina Sedimentation Control Commission has ap- proved a revised Model Local Soit . Erosion and Sedimentation Control Ordinance to make it consistent with changes to the Sedimentation Pollution Control Act and its Regulations. The Commission has mandated that all local governments administer- ing such ordinances revise their Local ordinance to conform to the Model Ordinance by January 1 , 1986. IMPACT: The proposed revisions are primarily minor changes to the word- ing of the Ordinance and will not substantially affect the application or enforcement of the Ordinance. Most of the requested changes are currently incorporated in Orange County 's Ordinance. RECOMMENDATION: Approval of amendments . PROPOSED CHANGES TO THE ORANGE COUNTY SEDIMENTATION AND EROSION • CONTROL ORDINANCE SECTION 2 Section 2 Purposes This ordinance is adopted for the purposes of: (1 ) Regulating the clearing, grading, excavation, fill- ing 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 under- mining 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 hots • 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 . 012 NOTE: This definition will, be added to the Ordinance. Person Conducting Land—disturbing Activity — means any person who may be heLd responsible for a violation unless expressly provided. otherwise by this Ordinance, Jr the Act, or any order adopted pursuant to this Ordi- nance or the Act. NOTE: 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 lend—disturbing activi- ty or into a take 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 condi- tions permit land—disturbing activity to be undertaken . 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. • . 018 - SECT/ON 4 Section 4 Scope and Effect Whenever conflicts exist between federal, state or Local laws, ordinances, or rules, the more restrictive provision shall apply . I . NOTE. Note this paragraph will be added at the and 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" wilt 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 initi- ating 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 • • 014 b . Li ) the velocity as determined from the table of permissi- ble velocity for stormwater in 3) , or mul This section has been revised to correctly refer to the table of permissabte 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 responsiblity for maintaining all permanent erosion and sedimentation control measures and facilities after site development is completed shall. lie with the tend 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 wilt serve upon the Landowner written notice to comply by registered or certified mail, return receipt requested, or other means. 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. NOTE: "d" will be added to Section 15. The condition concern- __ ing the time of exposure before filling the reservoir has been added to prevent situations where the site may 015 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 feat 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 shalt 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 planithe 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 para- graphs above. 016 a. 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 autho- rized statement of financial responsiblity and ownership. This statement shall be signed by the person financially responsible for the Land—disturbing activity or his 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. g. A copy of the approved Erosion Control Plan and any amend- ments 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 shalt entitle the person submitting the plan to an appeal of the deci- sion 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 wilt be added to the Ordinance . This change is being added to allow a reasonable appeal prior to holding a public hearing on the denial . 017 •• 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' Sedimenta- tion Control. Commission as provided in Section 113A—61 [0] of the General Stautes 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 actrivity has failed to comply with the approved plan, a notice of violation shall be served upon that person .by registered or certified mail, return receit 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 wilt 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 shell be assessed until. the person alleged to be in violation has been notified of the violation by registered or certified mail, return, receipt retuested, or other means. The notice shalt describe the violation with reasonable particularity, specify a reasonable time period within • 018 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 ) . NOTE: The underlined portion of Section 22a (1 ) will be added to the Ordinance . a. Civil Penalties (2) The Orange County Board of Commissioners shalt deter-- mine the amount of the civil penalty to be assessed under this subsection and shalt make written demand for payment upon the person in violation, and shalt set forth in detail a description of the violation for which the penal- ty 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 anti 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 refered 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 shalt 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. • • • • 1 . . '(- . - • \ - It I . 019 4.:4:::::".:-,,':;'It - , • li • :-:-.::!' -,..:-•---9., : t.., .....•......4:-.„ c '-; State of North Carolina , ',-- Derr Ttrnent of Natural Resources and Community Development Division of Land Resources - 512 North Salisbury Street * Raleigh, North Carolina 27611 James G. Martin, Governor July 24, 1985 Stephen G. Conrad S. Thomas Rhodes, Secretary Director .,- Donald Willhoit ... Chairmaa . Y • Orange County Commissioners 203 Lexington Road Chapel Hill, NC 27514 . . Dear Mr. Willhoit: , k . . On June 25, 1985 the North Carolina Sedimentation Control Commission approved a revised Model Local Soil Erosion and Sedimentation Control Ordinance. The revision was necessary to make the Model Ordinance consistent with changes made in the Sedimentation Pollution ' t Control Act and its Regulations. The Commission further moved to require all local governments administering such ordinances to revise- , , fh-77Mr .minance docugg„tnpA te ref ect said amendments within 180 calendar da---yi= , . A copy of the revised Model Ordinancc. is included which contains the subject changes. The changes themselves have been underlined and are noted by an asterisk in the page margin opposite the revision. ' . Please note that the revised Model Ordinance as approved currently represents the minimum requirements for local ordinance documents. Revisions at the local level must meet and may exceed those contained in the Model. . . " Revised local ord. , ,npp OnnumpnfqPWS be received by-tb,e-ataff-Df the Lan. •ua t Section no later than January 1, 1986, .for their review an comment back to the local government If necessary. The Land Quality Staff will present all revised local ordinance documents to the * Sedimentation Control Commission for consideration and final approval in March, 1986. The Commission urges you to address these required changes at your earliest possible convenience to avoid time constraints. Until such time as the local ordinances have been amended and approved all local erosion and sediment control programs shall operate under the terms of their current documents. P.O.Box 27687,Raleigh,North Carolina 27611-7687 Tdepboru 919-733-3833 An Equal Opportunity Affirmative Action Employer ASIAISMile 020 P1,! .se verify receipt of this transmittal wit . the Land Quality . SectiQr7.- .2.. soon as possible. If you have questions regarding this r....:Eter please advise either the Quality Staff or myself. Your cooperation in this mattr is appreciated. Jjf_1:4.1 .6pkad'6244,- . Josag5h A. Phillips, Chairman Sedimentation Control Commission JAP:SCD:cjb cc: Mr. Warren Faircloth • Mr. Steve Conrad • Mr. Charles Gardner Mr. Harlan Britt Mr. Taylor Currin • Mr. George Kaneklides MY. Dan Oakley Enclosure URANUt LUUN1Y BOARD OF COMMISSIONERS _ ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. MEETING DATE . NOVEMBER 4. 1985 003 SUBJECT: EXECUTIVE SESSION = DEPARTMENT: i PUBLIC HEARING: YES NO ATTACHMENT(S): INFORMATION CONTACT: • PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH 7. 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 DURHAM - 688-7331 • PURPOSE: To take up matters involving litigation and oersonnel. • NEED: • IMPACT: RECOMMENDATION(S): 021 xr O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date November 4. 1985 Action A ends Item #1-.2. SUBJECT: SCHEDULING OF SPECIAL PUBLIC HEARING aa' DEPARTMENT: PUBLIC HEARING Yes X No Attachment(s) NONE Information Contact : SUSAN SMITH fk Telephone Numbers Hillsborough - 732-8181 Durham - 888-7331 Mebane - 227-2031 Chapel Hill - 988-4501 PURPOSE: To schedule a special public hearing on December 3, 1985. YM NEED: On October 19, 1985 the Board of Commissioners rescheduled the regularly scheduled quarterly public hearing for the Joint planning area from December 10, 1985 to January 14, 1985 to adecinmodate the request of the Town of Chapel Hill. The items originally scheduled for the December 10, 1985 public hearing included the Joint Planning Area Land Use Plan and a rezoning request. The Planning Staff and Planning Board Chairs are concerned about considering a development request at the same public hearing at which the Joint Planning Area Plan is to be considered and would prefer to separate these items. IMPACT: Scheduling of a second public hearing will add a meeting to the board's schedule, but would result in the devotion of the January public hearing to the Joint Planning Area Land Use Plan . RECOMMENDATION: Schedule a special public hearing on the rezoning request for December 3, 1985. tR; 022 O R A N G E C O U N T Y BOARD OF COMMISSIONERS W ACTION AGENDA ITEM ABSTRACT Meeting Date: November 4, 1985 Action Agenda rr' Item # fe. �N• SUBJECT: JOINT PLANNING AREA PUBLIC MEETING SCHEDULE DEPARTMENT: PLANNING PUBLIC HEARING:_Yes X No ATTACHMENTS: Planning Board CONTACT: Marvin Collins as Chair Memorandum of 10-21-95 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill. 967-9251 Durham 688-7331 Mebane 227-2031 PURPOSE: To schedule dates for public meetings and work sessions related to the preparation of the Land Use Plan for the Joint Planning Area . NEED: The Planning Board Chairs and Planning Directors for Orange County and Chapel Hill met on October 17, 1985 to discuss a tentative schedule of meetings and work sessions for the preparation/presentation of the Joint Planning Area Land Use Plan . The proposed schedule is outlined on the attached memorandum from the Orange County Planning Board Chair. In summary, the schedule is as follows: October 24 — Completion of Digests of Joint Planning Area background information. November 13 —Public Information Meeting in Chapel Hill (Culbreth Junior High School) December 3 — Joint Orange County—Chapel Hill Planning Board Work Session (Date of proposed special Public Hearing concerning development request in Joint Planning Area) December 10— Joint Board of Commissioners — Planning Board Work Session (Planning Department Work Priorities and Joint Planning Work Program) 023 January 7 — Orange County Planning Board (Review draft Joint Planning Land Use Plan) January 14 — Public Hearing (or Public Information Meeting) on Joint Planning Area Land Use Plan — Chapel Hill Planning Board has suggested possibility of using date for second informational meeting with Public Hearing to come later. IMPACT: Adoption of the schedule of meetings, public hearings and work sessions would enable the staff, Planning Board and Board of Commissioners to complete work on the Joint Planning Area Plan and -0-10W for public notification and participation . RECOMMENDATION: Approve meeting schedule as proposed by Planning Board Chair. CHAIR COMMENTS 024 Orange County Planning Beard Meeting October 21.1983 Meeting Schedules 1. Hearing and Meeting on November 4.1983 On November 4 there will be a joint BOC /OCPBPublic Hearing on the Sedimentation and Erosion Control ordinance.amendments. This hearing wd1 be followed by a Planning Board meeting to discuss proposed and pending zoning ordinance ten amendments. 2. Ordinance Review Committee meeting on October 23,1985 On October 23 there will be an Ordinance Review Committee discuss ordinance amendments which relate to the Special Use Permit and Wined Development sections of the zoning ordinance. Professor Richard Ducker of the UNC Institute of Government has agreed to meet with us to help clarify some of complicated issues involved. We are pleased that Professor Ducker is willing to serve in this manner as a consultant to the committee.since he was on the original committee(ZOTAC)which assisted in drafting the current ordinance. 4.Joint Work Session with the Commissioners Since the joint Planning Area Public Hearing will not be held on December 10,1985(due to a municipalities conference attended by Town Council members),I have asked Don Willhoit whether the Commissioners would be willing to hold a joint work session with the Planning Board on that date. My understanding is that he is • favorably disposed,but will need to consult the other Commissioners. I requested that this item be scheduled at the November 4 BOCC meeting if at all possible. 5. Joint Planning Schedule On October 1 7.1985 the Orange County and Chapel Hill Planning Board Chairs(Alice Gordon and Alice Ingram),the two Planning Directors(Marvin Collins and Roger Walden),and a Chapel Hill staff member(Arthur Jackson)met to discuss. among other things,a tentative Joint Planning Schedule. The proposed schedule is as follows: October 24-Digests of Joint Planning Area background information will be ready for distribution to governing bodies and planning boards. These digests will be the major component of the public information packet for November 13. November 13-Public Information Meeting in Chapel Hill-Discuss joint Planning background information and procedures (The proposed meetings on October 24 and 29 were cancelled,for a number of reasons,including the fact that the Chapel Hill staff was not able to finish its work on the digests for the public information packets.) This meeting will be for both the Joint Planning AreaLand Use Plan and the Chapel Hill Land Use Plan. December 3-Meeting in Hillsborough which has two parts: (1) Joint Planning Public Hearing for BOCC,OCPB,Chapel Hill Town Council and Planning Board-Hear one development proposal (2) Joint meeting of Orange County and Chapel Hill Planning Boards-Discuss Draft Land Use Plan(text and map) 025 Chair Comments,October 21,19$5 Page 2 January 7-Orange County Planning Board meeting in Hilisbarough. Simultaneous Chapel Hill Planning Board meeting in Chapel Hill-Discuss Draft Joint. Planning Land Use Plan January 14-Joint Planning Public Hearing on g Joint Planning Land Use Plan I informed Don Witlhoit of this tentative schedule,and he will be asking the BOCC about the above schedule. I requested that this issue be discussed at the November 4 MOCC meeting if at alt possible. The Planning Board may also Want to formally comment on this schedule on November 4. In addition,the Planning Board Chairs, the Joint Planning Board Committee, and staff will continue their meetings. �T • Planning Beard Policies 1. Planning Board Agendas It is adopted Planning Board policy that the Secretary y(Planning Director) and the Chair shall prepare the Planning Board agenda and that the agenda shall be from by which Planning ing Board Chair. The October 21 agenda in your packets varies the Planning Director and I discussed. However,I am requesting. no changes(with one exception,if we reach that item)but rather am taking steps to insure Chair approval in the future. You also have a memorandum in your packet from the Planning Director, dated October 18,which discusses the Planning Board agenda,expresses some concerns,and makes a request that we q stay past 10:30 p.m,to take action on zoning ordinance amendments.Mr.Collins did not discuss these concerns with me before writing the memorandum,although I was available for discussion and even attended a meeting with him on October 17 in the late afternoon. My reaction is that Planning Board policy states that we will adjourn at 10:30 p.m.except on a motion to extend the meeting,and we will continue to follow that policy so that extension is at the Board's discretion. However,since we have a scheduled meeting for November 4,it would seem that it may not be necessary to stay late on October 21 for ordinance amendments. I might note that Board policy concerning adjournment is long standing and is made for several good reasons, including the following: (1) Decisions made after 10:30 are sometimes made in haste and therefore not well thought out (2)Adjournment after 10:30 tends to undermine Planning Board morale and often attendance at subsequent meetings is affected, thereby endangering the attainment of a quorum. In closing,I believe the Planning Board has been doing a good job in meeting its commitments,in view of the heavy workload. The overload on proposed ordinance amendments is due to the fact that a great many major amendments have been completed by the staff in short time, compared to relatively few completed in previous months. 2. Planning Board Committees The Planning Director has written a memorandum to staff concerning guidelines they are to follow for committee meetings,with a copy to committee chairs. In so far as they affect the staff,I assume the guidelines will be followed. In so far as they affect the Planning Board.however.they will have to be approved by the Planning Board and/or the Planning Board Chair. Therefore.I will be distributing to committeechairs a set of interim guidelines for Planning Board committees which will be followed until the Planning Board can set its own guidelines for committees. The Planning Board sets its own policies and Board policy cannot be made by the staff. 026 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date November 4. 1985 Action Agenda Item #F SUBJECT: ADDITION TO STATE ROAD SYSTEM DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachments) Information Contact : SUSAN SMITH NC DOT LETTER/PETITION Telephone Numbers 1s x Hillsborough — 732—B181 Durham — BBB-7331 Mebane — 227-2031 Chapel Hill — 968-4501 PURPOSE: To consider a petition for addition of a road to the state— maintained secondary road system . NEED: NC DOT haS forwarded a petition recommending the addition of Mallard Court in Sycamore Run subdivision to the state maintai- ned secondary roads system. IMPACT: Addition of the road to the state system will provide for public dedication and maintenance of the road. RECOMMENDATION: Forward a recommendation to NC DOT that the road be added to the state maintained secondary roads system . REC7)027 OCT 15 1985 • • A • g f4, 't01.414 -.-^ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G.MARTIN GOVERNOR October II, 1985 DIVISION OF HIGHWAYS JAMES E.HARRINGTON SECRETARY C4- Orange County Mr, Kenneth R. Thompson, County Manager Orange County 106 East Margaret Lane Hillsborough, NC 27278 Subject: Petition for Addition - Mallard Court in Sycamore Run Subdivision Dear Mr. Thomspon: Attached is worm SR-4, Secondary Road Addition In- vestigation Report, for Mallard Court in Sycamore Run. Sub- division. This is being forwarded to you for review by your Board of Commissioners. Yours very truly, S. Jones DISTRICT ENGINEER /jbh Atta. cc: Mr. J. W. Watkins An Equal Opportunity/Affirmative Action Employer NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS 028 . . .. . SECONDARY ROAD ADDITION INVESTIGATION REPORT County Orange CO. File No. Date Township chapel Hill Div. File No. , Local Name Mallard _court Subdivision Name Sycamorp Pun Length 9.16 Width 2&' F. to P. Type Li Condition nnnd Is this a subdivision street subject to the construction requirements for such i streets? Yes Recorded O8-29-84 Book 34 Page Is this a subdivision street subject to participation paving? 167 Number of homes having entrances into road m_gmixii,j41.14z_Apartments Other uses having entrances into road None Does right-of-way obtained meet present Division of Highways requirement? npaicatpd If not, why? Is petition aTITiiiiched? yes Is the County Commissioners' Approval (SR-2) attached? If not, why? Does the road meet present minimum Division of Highways construction requirements? Yes If not, state what is needed to place the road in an acceptable maintenance condition under Remarks and Recommendations. Is a map attached indicating information for reference in locating road by the Planning Department? Yes Cost to place in acceptable maintenance condition: Total Cost $ n_nn Grade, drain, stabilize $ , Drainage $ , Other $ Remarks and Recommendations Meets minimum requirements. Restommpnd narlitinn_ Reviewed and approved Board of Transportation Member Reviewed and approved ..1, W. Watkins i;_ Pr. :Enup /I DIVISION E EER DISTRICT ------, „ . - I I (Do not write in this space - For use of Secondary Roads Dept.) --;:-..s.21 ui • ,,, 4., , -',1, i.--",.0 Petition No. --\:**%'' IP"--.. :1 '.,.'; ,-,, 1""ft...........;. ,9N . r,;< :P. ". tt'. I;- ', <ll ' "*;, -'". . , A (Do not write in this space - Ay' I 7."7"--.---4 4--"-7....:;'k, 'itz,, • '''.. a° For use of Planning Dept.) _ ■ ' IP 2=4 ., l _ ___ ... /I / \ 1 029 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date NOVEMBER 4, 1985 Action enda SUBJECT: ADVERTISEMENT OF PROPOSED ZONING ORDINANCE AND S BD REGULATIONS TEXT AMENDMENTS BDIVISION DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact : SUSAN SMITH LEGAL NOTICE Telephone Numbers Hillsborough — 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel HILL — 968-4501 PURPOSE: To review the Legal advertisements for matters to be presented to public hearing on November 25, 1985. NEED: The Board of Commissioners has expressed a desire to review any proposal for text amendments to the County Ordinances and the legal notices advertising the same prior to advertisement . The Planning Board will review the proposed text amendments on November 4, 1985. The Ordinance Review Committee of the Planning Board has recommended that the amendments relating to roads be forwarded to public hearing. The amendments relating to the Land Use Intensity System and impervious surface requirements were prepared Iii response to petitions received from MDK and Calvin A. Mellott . The Planning Staff proposes the following ordinance amendments for public hearing on November 28, 1985. LAND USE PLAN Section 2.8 Transportation — Oranae County Hiohway Classification System —revisions to the classification system to reflect the categories minor arterial and subcollector and 1984 traffic counts 080 ADVERTISEMENT OF PROPOSED ZONING ORDINANCE AND SUBDIVISION REGULATIONS TEXT AMENDMENTS NOVEMBER 4, 1985 PAGE 2 ZONING ORDINANCE — Article 4 Establishment of Permitted Use Table — revisions to application criteria to clarify access requirements — Article 22 Definitions — revisions to street definitions to provide minor arterial, subcollector, access and general factors (street) definitions and to modify existing definitions to reflect traffic volume and Land use/access requirements — Article 4 Establishment of Dimension- . al Requirements — revisions to the maximum floor area end open space ratios for industrial zoning districts to address inconsistencies in the provisions and to respond to requests for amendment submitted by members of the public — Article 8 Special. Uses — provision of a Class A Special. Use Permit for modification of impervious surface requirements for property subject to the Protected Watershed—II (PW—II) overlay zoning district consistent with watershed ordinances of other jurisdictions in the Triangle J region . IMPACT: Review of the proposed advertisement would insure that Legal notice of the public hearing is in a form that can be understood by persons not familiar with the subject. RECOMMENDATION: Accept as to form. Schedule a public hearing on these matters for November 25, 1985. „„,„ 031 NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE ZONING ATLAS OF ORANGE COUNTY, N.C. Pursuant to the requirements of the General Statutes of North Caroline, Chapter 153A, Section 323 and Section 343, Article 20.5 and Article 20.6 of the Orange County Zoning Ordinance, notice is hereby given that a public hearing will be held in the Superior Courtroom of the Orange County Courthouse, 106 East Margaret Lane, Hillsborough, North Carolina on Monday, November 25, 1985 at 7:30 p .m. for the purpose of giving all interested citizens an opportunity to speak for or against the adoption of proposed amendment to the Orange County Zoning Ordinance and Zoning Atlas. The amendments under consideration are as follows: 1 . LOP-4-85 VIC KNIGHT REALTY FOR GARY C, RLEEN RICHARDSON The property in question is Located on the east side of N.C. 86 approximately 1 .2 miles south of 1-85. It is known as Lot 5 on Orange County Tax Map 50 for Hillsborough Township . It contains 136,299.24 square feet or 3.129 acres. The present zoning of the property is Residential-1 (R-1 ) . The applicant is requesting that the property be redesignated in the Land Use Plan from Rural Residential to Ten Year Transition and Commercial—Industrial Transition Activity Node. 2. Z-12-85 YILDWOOD SECTION IV The property in question is located west of NC 86 and south of the Southern Railroad and abuts the west side of Wildwood Subdivision in Hillsborough Township. It is known as Lots 4 and 20 on Orange County Tax Map #45 in Hillsborough Township. It contains 383,328 square feet or 28.80 acres. The present zoning of the property is Residential—1 (11-0 . The applicant is requesting a rezoning to Residential—4 (R-4] . S. Z-13-85 P & S SPORTING GOODS INC. (Otherwise known as PHE, Inc.) The property in question is Located on NC 54 west of the Town of Carrboro. in Bingham Township. It is known as Lot 28 on Orange County Tax Map 26 in Bingham Township. It contains 197,762.4 square feet or 4.54 acres.' The present zoning of the property is Agricuttural—Residential (AR) . The applicant is requesting a rezoning to Local Commercial (LC ' l) . • 032 4. Z-14-85 JAMES L. HILL The property in question is located at the southeast corner of the intersection of U.S. 70 and NC 751 in Eno Township . It is • known as tot 104 on Orange County Tax Map #25 for Eno Township . It contains 24,829.2 square feet or 0.57 acres. The present zoning of the property is Residential-1 [R 11 . The applicant is requesting a rezoning to Community Commercial 5f III (CC-3) . 5. P0-5-85 SCOTSWOOD The property in question is Located along Highway 70 Bypass and St. Mary 's Road (SR 1002) northeast of the Town of Hillsborough in Hillsborough Township. It is known as Block B Lots 3 and 4 on Orange County Tax Map #6 and Block A Lot 17 on Orange County Tax - Map .22 for Hillsborough Township. The planned development request contains approximately 14,374,600 square feet or 330 acres. The present zoning of the property is Residential-1 (R--1 ) . The applicant is requesting that 290.03 acres be rezoned Planned Development Residential-2 [PD—H—R2) , 29.50 acres be rezoned Planned Development Residentiat-5 (PD—H—R5) and 10.43 acres be rezoned Planned Development Genera [ Commercial-4 [PD—GC4) and the .issuance if a Class A Special Use Permit for 423 single family units, 215 multi--family units and 66,950 square feet of commercial space. 6. - :PD-6-85 BRADSHAW MOBILE ACRES The property in question is Located on the west side of White Cross Road (SR 19511 in Bingham Township. It is known as part of Lot 27A on Orange County Tax Map #35. The planned development request contains 3,678,206.4 square feet or 84.44 acres. The present zoning of the property is Agricultural Residential (A—R) . The applicant is requesting a rezoning to a Planned Development Housing .— Agricultural . Residential (PD—H—AR) district and the issuance of a Class A 'Special Use Permit for a 75 unit expansion of an existing mobile home park. • 7. PD-7-85 THE TIMBERS — PHASES V And VI . The property in question is located on the northwest side of Orange Grove Road (SR 1006) and abuts I-85 and I-40 in Hillsborough Township. It is known as Lot l on Orange County Tax • Map #38A in Hillsborough Township. The planned development request contains approximately 574,120.8 square feet or 13.18 acres. The present zoning of the property is Residential—L. • • 033 !- The applicant is requesting a rezoning to a Planned Development Housing - Residential 8 (PO-H -8) district and the issuance of a Class A Special Use Permit for the development of an 82-unit mobile home park . B. LAND USE PLAN AMENDMENTS Amend Section 2.8 ORANGE COUNTY TRANSPORTATION HIGHWAY CtASSIFICATION SYSTEM to revise the street classification system. The amendments establish a system - of street classification providing for interstate, arterial, minor arterial, collector, sub-collector classes which reflect 1994 NCDOT traffic counts . 9. ZONING ORDINANCE TEXT AMENDMENTS a. Amend Article 4 ESTABLISHMENT Of PERMITTED USE TABLE Sections 4.2.3.b3, 4.2.4.63, 4.2.8.b5, 4.2.9.65, 4.2.10.b7, 4.2.11 .b3, 4.2.10.b5, 4.2.21 .b3, 4.2.22.63 and 4.2.23.b3 of the application criteria for specific zoning districts. The amendment refines the access requirements related to street classification and reflects the construction of streets proposed during the development process. b . Amend Article 22 DEFINITIONS to refines the street definitions of arterial collector, Local and minor streets and to add to the definitions of access, minor arterial subcallector and general factors (streets) . The street definition amendments address gaps in the current classification system, provide for the classification of street by traffic volume and establish service levels and access requirements by land use. c. Amend Article 5 ESTABLISHMENT Of DIMENSIONAL REQUIREMENTS, Section 5.1 .2-Schedule for Non-Residential Development to revise the floor area and open space ratios for industrial zoning districts. Inconsistencies in the Land use Intensity (LUZ) system related to industrial uses have been identified and requests for amendment received from the public. d. Amend Article 5 SPECIAL USES to provide for the issuance of a Class A Special, Use Permit to accomodate requests for modification of the impervious surface requirements for property subject to the Protected Watershed II (PW-II) overlay zoning district. This amendment is consistent with provisions of watershed ordinances in other jurisdictions on the Triangle region. • ALL interested citizens are invited to attend this hearing and be heard. • 034 Public comment on any item must be received during the publtc hearing. Those wishing to oppose a request must provide competent material and substantial evidence as to the specific manner in which the proposed use does not satisfy the ordinance. (For requests requiring the issuance of special use permit (items #5,5 and 7) only sworn testimony and evidence will be taken as required in a quasi—judiCial proceeding . The testimony of experts on impacts on public health/safety and property values may be necessary) Follewing the close of the public hearing, only evidence presented at public hearing will be examined by the Planning Board and Board of County Commissioners for decision on the request. Citizens unable to attend the hearing may express their views by writing to the Orange County Planning Department, 106 East Margaret Lane, Hillsborough , North Carolina 27278. For your concerns to be fully considered, they must be received by the Planning Department prior to the public hearing. Changes may be made in the advertised proposals which reflect debate, objections end discussions at the hearing. Questions regarding the proposals should be directed to the Orange County Planning Department. Copies of the proposed full amendments are available in the Planning Department for public review. The Planning Department is located in the New Courthouse, 106 East Margaret Lane, Hillsborough. Office hours are from 8:00 a .m. to 5:00 p .m ., Monday through Friday. MARVIN COLLINS, PLANNING DIRECTOR PUBLISH: November 13, 1985 November 20, 1885 • ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO.176 MEETING DATE November 4, 1985 035 • SUBJECT: • LEASE RENEWAL AGREEMENT, CARR MILL HEALTH DEPARTMENT OFFICES ! DEPARTMENT: PUBLIC HEARING: __YES xX NO PURCHASING & CENTRAL SERVICES ,ATTACHMENT(S) : • r INFORMATION CONTACT: PAM JONES • PROPOSED LEASE RENEWAL AGREEMENT PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 - PURPOSE: To consider renewal of three year lease for Health pepartmeht and Dental Clinic facilities at Carr Mill Mall in Chapel Hill. NEED: Continued operation of the Health DepaLiment activities in the Southern portion of the County will be necessary in the forseeable future. Although cost has risen to $9.75 per square foot, an informal survey of rent in Chapel Hill has proven the cost in line with offices of comparable quality. IMPACT: The anticipated rent figures represent an increase of 17.8% over the present rent. AS in the previous lease, an escalator clause allowing for annual adjustment based on one half the increase in consumer price index is included. Utilities plus maintenance are included in the rent. RECOMMENDATION: Renew lease for three-year period. iu • LEASE NUMBER: !! CARR MILL OFFICE COMPLEX LEASE • NORTH CAROLINA ORANGE COUNTY . October LEASE AGREEMENT 19 85 made and entered into Carob d.b'a• CARR H8L----L,'ha by;and between J.W. as of the 4th , hereinafter r g its FRENCH AND Charlotte,d t HEALTH SERVICES referred the Lessor,office hereinafter to as the Lessor, and ORANGE lotte, North referred to as COUNTY the Lessee, of Oran a Count • W I T N E S S E T H : In consideration as hereinafter of the rents of the Lessor provided, and of the to be paid to the Less demises and the Lessee covenants and Lessor by u the and Lessor ands he the to be•ke t performed, the Lessor hLeesaee, Lessor the P and premises he Lessee, and read, tan upon the part • Plan r attached measuring 5580 square Lessee leases shown on t r hereby (herein hereto as Exhibit�a b9uare feet takes f called the Leased ' as shove from the cer- tain building Premises) by references es made o the Floor situated g known as Carr.Mill Located on the 2nd a part hereof, Carrbora at•ghe corner Ca W M111 Building (the B ding) floor of t situated' Orange e Weaver and Greensboro wilding), which that ce. hereto County, North Caro o Street's in the Building is to be occupied and used the property he City of OR ti. -._,_ and for no other as health service as Exhibit B coma areas set forth, together Purpneec• Provider elevators °£ the building with the nonexclusive the terms restroom g includin a ri and coadi_ * oom and parking facilities not limited to stairways,use all Of 1. Term o£ Lease: common areas. rways, halls, 31st 19 85 term hereof shall commence "'-` Nov day of October -85 and shall end 12:00 on the to extend the at 12:00 mid �-. da conse- cutively. 19 88 nigh of the y Y• the ee�sfior two years for each ' Lessee shall h Lessor y. exercise the firs option, by written t options two option by within nisei options do Y writit notice y days of the t option bf write to run econd Into yhe option to Lessor expiration a of the eII notice to • ° of first co�eameaties p term. �Lessoret within ninety e o£ he the second of the Pace in to have days Lessee options to renew td-relocate expira- tion lease Lessee 2• Real. at expiration • hundred Lessee shall pay to some it & 00/100 Lessor the ty mss referred to Dollars 0_244425.00 sum of fifty-four• meat$ of forty-five hundred a "Annual Base Re n -�) thousand four each ase „ per annum Lease due on the ivrst hundred thirt -three & 75/100) P Dollars in 4,533(hereinafter by Lesaeeehai first day ofoeach month, in advance, ($4,533 instals made that Lessor the first such monthly' dirsta the term shall simultaneously with the execution Chia second (b) For each execution of�h18sha11 be • lease lease year of Lease. • with the year, Lessee shall also the Iease term co second he asewyear, Lessee Rent pay to Lessor commencing pur- chasing power of the as additional with the date he amount pm the Annual to the decrease oral rent along of the lease term, if The amount of any Basc Rent since the he, o the th of nay Such decrease, the amount commencement additional ten I! determined in beatthe ase[° of payment thereof, (c) Within orth under the following shall be t /teems (hereinafter r shall deliver days after //owing Paragrapblated and Labor of the Buren referred to to the Lessee the publication for u o£ as the n see ion as the �� the first Labor Statistics Iide „ a co and is t x pY a nuance thereafter. Routh")10pnrh of s ) for Atlanta, Consumer Poi for each If the for the t lease led S orgis Price • in ch torten Index for a corres (he tarfor ail the oeiaaf a yeet g m First nth ter referred of possible e s8 ch case, di power of the amount lease year f the second h lease year to Brae £ter the the Ind unt of there lease Month delivery ex for the 6uau after show Year and aaatied such Odecrease,de furnish hef each index Base Routh, Base Beat a8 nomethease additional additional rent if Lessee with subsequent Lessor, Pared shill. o rear Sayable by the and this amount ou computation laden for on as in- stallments shall b Lessee ,°=soar ah o£ t the additional during each b divided and for the le shall 6e the the amount amount of tll ment amount of matt if lease year. pia twelve (12 is qution o of the e moat of re say, to end= ) equal Such Lessee of C$��mmediatej9tfollowing as been determined,Paid bey the determination firhiy Su h . question the that shall computation f the furnishing the Lessee Le a. and when the P to and including lapsed}from the ay the Leas ore Leasorease year day addi- tional rent) If at the the first day of such of eth umber the in- stallments determinations Othereiadexe$ 1a tnOSeloagnirbd for the ce ,aonCh. a lease year in on the erne th ona as has been published determination sue ae/ecti °f Purc 5 n generalj °r issued of the add/_ her °a of an haain Y zees , do hereof or if index g power. I gaited and he Parties e4 na/ there which f the accepted a11 determined rear as here/ b sa a dispute wOdid most Parties are Pted far simi- lar n n by an arbitrator ed, then the With respect ect accurately tthe computation rr3,ret the l be red by the Carith respect thereto of in- tent add/- Year herean er I e Iessethaahall the rota rbsro, North Carolina Board shall an attorney-at-law,I£ an the Annual Base Rent rent due during equal to twenty leer ea sate greesnd r this lease is eeret abov lease t (20X) of the Pay Lessor as Attorney's through :ixtu a 3. 0tilitiea, amount so riey s by or ough Rd for electric 2ed /,albs shall supply collected, fee8 an amount jailer zc bed ii /eased are electric curt lectric blecCricaliy typewriters, mimeo , Carr' eat for the a corridors, Power Powered off/ graph machines, ' toilets hightittsgs all the Lessor hb ,hail office machines adding , and rest rc a all furnish a re ail not replace defective lights comparable pro machines and other -a and t reasonable responsible for ghts as needed; hie assorts of /shin °z/eta e s amount of say , ble 'er, 8 in re r appurtenant hot and cold Paver failure, Bed, how- 'aish sea' apse r. It is-specifically tO the Leased running wafer toLeeaor a n tea reasonable amount `fir @dd ?sea and iavato- ey a the right to of electric a aghra ahali keep ail any consumption trnatall meters andrrbnt and w ertake to- stet s tter than normal,oexcessi ° current or v to make extra and that 'w-'^___ ve or waste ,ter which it deems charges 4. $satin wasteful. to be heat/, and g and a hedri Conditioning.tioning. • Lessor slot, Ind maintained heating systems for aljhall maintain and t Saturday read between the hours air cOnditionin is of the building, Sunday; however, °f 8:00 A.M. g systems shall �, ex- er, if use of the buff d ag by+Lease edgy era' e and j Y , i1 other lessees of the Lessor at other periods so indicates . its discretion operate the heating and air conditioning s' Lessor sinll uc other periods. Both heating and air conditioning ystall d only when the Lessor, in its Bole judgement, g systems shall be operated " requires it. considers that the weather 5. Elevators. • Building Elel g rs. Lessor shall furnish elevators to all floors of the Builda available for aryyhbusiness'hours and make a reasonable number of ele- vt other aimab, persons who may be permitted to enter the Building All elevators may at the Lessor's option be self-service. k�o ' 6. Interruption of Services. The Lessor shall not be or become for damages to Lessee alleged to be caused or occasioned b connected with or the result of any liable by breakdown in any way any cause whatever in any of the services herein�referred otobinaParagrahs • 3, 4, and 5 above. However, upon receipt of actual notice of any such ruption, defect or breakdown, Lessor will take such steps as it in its sole y ch inter- discretion deems reasonable,to restore any such interrupted service or to remedy any such defect. 7• Alterations. Any alterations, additions, improvements or tions, excepting those partitions to be furnished b _ in shall be Parti- made at the expense of the Lessee. They Lessee agrees that the Lessee will make no alterations, additions or improvements topthe Leased here- in Premises without the written consent of the Lessor, such-consent unreasonably withheld made by withheld, and that all alterations, additions ori improvements to be y and for the Lessee, including but not limited to, and all su d na viding partitions, walls, special plumbing, • tuy s o all rail- of whatever type, material or height, buteexcepting�movabl or fice- niture put in at the expense of the Lessee, shall, when made, be the pro- perty of the Lessor and shall remain upon and be surrendered with office Leased premises as a part thereof at the expiration •• lease. The Lessor, however, reserves ltheiri °t to require termination te Lssee t third remove any paneling, d right to require the Lessee to cover- ings, booths, g' decorations, partitions, walls, railings, f plumbing, electrical fixtures or office furniture installed or at.the request of the Lessee, by giving notice of such election to the Lessee at any time prior to, or not later than ten days after, the expira- tion i - tion or earlier termination of said term, in which•event the Lessee Lessee's sole cost and expense shall remove the property so specified�' ra before the date Lessee, at the five ea' of expiration or earlier termination of this lease or a date ys after the giving of such notice, whichever shall be the later, and shall promptly reimburse the Lessor for the cost of restoring to their original condition. ' • g the premises • $• fright of Entry. The Lessee agrees that the Lessor shall have t right to enter and to grant licenses to enter the Leased Pr time (a)' to examine the Leased Premises, the to the Leased Premises or to the Building fib) to alterations at say wing theerigit, uri•g the progress of such alterations or repairs,gtolncluding the right, Premises of necessary _ g , during the ' keep and store c wforia the Leased which the Lessor may deemtnecessartools and equipment) Buildia necessary for the operation and maintenance hireofothe g• or (d) to exhibit the Leased Premises-to Prospective purchasers and that no such entry Premises-to-applicants render cants £ e to any claim or cause of action for loss of o shall render the Lessor of property of the Lessee b or damage to the business liable `"" obli- gations and covenants ofthisaleasehezeof, nor in any manner affect the 9. Use a---- ° Lessee agrees that the Leased Premises will b • used only for the - purposes hereiabefore set out in this lease, that no unlaw- .ful use of the Leased Premises will be be notice use oo the of any made, that no sign, any part of advertisement Building, ny kind will be fixed, g name, legend, any Lessee g, except that the business or displayed on of 'on.he the door may doors epained with pare appropriate a name and bupro or profession r ppleasedtb lettering approved; n u by the Lessor y the Lessee; and upon the • • • -3- c;t..&a 1. .. ..,, .. termination of this lease, Lessee will vacate and surrender possession of the Leased Premises to the Lessor in a were at the commencement of this lease,good condition as the Leased Premises ordinary wear and tear excepted. 10. Insurance. Tenant's proportionate share of Landlord's cost of fire and extended coverage insurance, including rental loss insurance on the Center, shall be detenasned'in the s al pay- able for impositions. Such amount shallmbenF payable y aralytinnal advance pay_in within thirty (30) days after Landlord has rendered aninvoicea for the same to Tenant. Lessee term of lease shall, at Lessee's expense, obtain•and keep in full force during the t'�•�/$isles for personal Public.Liability policy with limits of personal injury or death and $100,000 for The Lessor shall be named as an additional property. Less e shall deliver said policy or a certificate of insurance to Lessor Lessee with evidence of full payment of premiums. Lessor full Public Liability insurance for all common areas of the shall provide full Comprehensive To contracts the extent permitted by law and to the extent provided for in cam., a awne by Lessee, Lessee shall indemnify and hold harmless Lessor contracts rd r or from the lessee's business arising from Lessee's use of the premises, done, conduct of 1 ' .mess or from permitted or suffered by Lessee in or any activity, or or tare. about the premises or elsewhere. • • (Fire and Casualty Insurance). Lessor shall provide fire and ex- tended coverage insurance on the Building and the Leased Premises. Lessee shall provide at its own cost sprinkler, fire and extend surance on its own property, furniture, fixtures andeui coverand on— plate glass and other glass of the leased premises; and also non improvements and betterments made by. it to the leased premises to the insurable value thereof. Unless the parties hereto then agree otherwise, the lected upon all such policies of insurance shall be used to repaireand/orl- replace the leased premises, improvements and betterments so damaged or de- stroyed, and such repairs or replacements shall be both Lessor and Lessee with such insurance funds; prosecuted event by funds are not adequate, then the deficiency shall bed made tup by Lessor such the premises as leased and delivered to Lessee, p seeasot as to improvements and betterments made by it to the leased rep Lessee as to all however, nothing premises, provided, 8 hePrem shall be construed to require Lessee to repair or replace the Leased Premises. In the event of the total destruction of the leased premises by fire or other casualty, this lease shall terminate as of the date of such destruction, unless Lessor and Lessee mutually agree to have the premises restored, during which restoration period Lessee shall be excused from Base Rental Payment. In the event of partial destruction of the leased premises, render- ing them unsuitable for Lessee's business, the parties shall repair and re- store the leased premises as quickly as repair and restoration there shall be anpabatementato Lessee of the Base Rent proportionate to the period of portion of the floor area of the leased p r ems sea -rendered unsuitable for Lessee's business. 11. Taxes. Tenant shall or charges (hereinafter sometimes called°"impositions")re of all assessments by Landlord during each calendar "impositions") year for public bettermentpaid improvements, Al vo�lorrem taxes, real estate taxes, or as estate as other ,• such th c er Y h tax ax o (other or than income rents or r m e real t or indirectly axe's a d' thereon)er ectl Boa) from o y se m ti ssed me or imposed to time Land upon mp std upon the Center directly an w Brat y P which er ch and i C o is situated, and/or the e red by Coated, including all costs and fees Portion of the or incur— y Landlord in contesting, or in negotiating with the public dauthorities as to the amount of such assessments, charges or which the same shall be assessed. 'Tenant's proportionate to the basis aid �i_ions shall _ampuc _ sic ons applicable ?pr=od by aultipL:-a' the tccaj sum 3f saido:mposicionsO° for of square feet " action. the numerator of vhiah shall �ereiabe_°;ore stated ., she__ be :he to be _..e approximate arras of the • • Premises and the denominator of which shall be the total_square footage on the shopping center tract. 5580 102,587 5.43928% • Tenant's proportionate share of said Impositions shall be paid, along with monthly installments of minimum rent, in advance in monthly in- stallments estimated by Landlord and subsequently adjusted, resulting from the actual Impositions exceeding (or falling short of) estimated payments. • Tenant shall pay initial monthly installments for the calendar year during which the term hereof begins in the amount of twenty-six hundred seventy-eight & 40/10( ($2.678.40 per annum) Dollars, the same being based on Land- lord's estimate of such Impositions at the commencement of the term. Monthly installments for each subsequent calendar year shall thereafter be estimated by Landlord at the beginning of each such year on the basis of the actual Impositions for the preceding calendar year. Within sixty (60) days of receipt of all the bills for such Imposi- . tione for each such calendar year, Landlord shall deliver to Tenant a state- ment certifying the actual total amount thereof and the amount of Tenant's proportionate share thereof. Along with the installment of minimum rent next due following receipt of each such statement, Tenant shall pay to Land- " lord-such amounts as may be necessary to effect adjustment of the amount paid or payable for the certified calendar year to the actual amount of Tenant's proportionate share of such Impositions for such year. Landlord shall credit any excess payments made by Tenant against future installments to be paid by Tenant hereunder. If the term of this Lease shall begin or end on a date other than the first or last day of a calendar year, the first and/or final annual charges to Tenant with respect to the aforesaid Impositions shall be pro- rated on a daily basis on the basis of a three hundred and sixty-five (365) day calendar year. The foregoing provisions to the contrary notwithstanding, it is understood and agreed that any and all assessments or charges for public • betterments or improvements ad valorem real estate taxes.or other taxes on business or personal property or any other tax on real estate or business or .personal property as such from time to time directly or indirectly assessed . or imposed upon or with respect to any alterations, additions or improve- ments made to the premises by Tenant or under its direction or with respect to any property of Tenant therein shall be borne and paid entirely by Tenant and if any of said items or any portion thereof shall be paid by Landlord, Tenant shall reimburse Landlord for the same immediately upon receipt by Tenant of written demand therefore from Landlord. • 12. Indemnity. The Lessee agrees to indemnify and save harmless the Lessor and the agents, servants and•employees of the Lessor against and from any and all claims by or on behalf of any person, firm or corporation arising by reason of injury to person or damage to property occurring in the Leased Premises occasioned in whole or in part by any act or omission on the part of the Lessee or an employee (whether-or not acting within the scope of employment), agent, visitor, assign or undertenant of the Lessee or by reason of any unlawful use of the Leased Premises or any breach, violation or nonperformance of any covenant in this lease on the part of the lessee to be observed or performed, and also for any matter or thing growing out of the occupancy or use of the Leased Premises by the Lessee or anyone holding or claiming to hold through or under the Lessee. Lessee agrees to pay for all damage to.the Building as well as all damages araising out of injury to or death of other lessees or occupants thereof, caused by Lessee's misuse or neglect of said Leased Premises, its apparatus or appurtenances. Lessor shall not be liable to Lessee for any damage by or from any act or negli- gence of any of adjoining contiguous property. Lessor agrees to indemnify and save harmless the Lessee and the agents, servants and employees of the Lessee from and against any and all claims by or on behalf of any person, firm or corporation arising reason b y reaso of injury perty occurring in the common areas of the Building. -5- or damage to pro- _5- • • 13. Fire or Other Casualty. In the event the Building in which the Leased Premises are located is destroyed by fire, unavoidable accident or casualty, this lease shall thereupon terminate. • In the event the Building in which the Leased Premises are located is damaged by fire, unavoidable accident or casualty to such an extent that in Lessor's opinion, the portion of said Building in which the Leased Pre- mises are specifically located cannot be repaired within ninety (90) days to its approximate condition existing immediately preceding such fire, unavoid- able accident or casualty, this lease shall thereupon terminate. In the event the portion of the Building in which the Leased Pre- mises are specifically located damaged by fire, unavoidable accident, or casualty and the same can be repaired within ninety (90) days from the date of such fire, unavoidable accident or casualty, the parties hereto agree that said Leased Premises shall be repaired and restored by Lessor to the • approximate condition of said Leased Premises existing before said fire, unavoidable accident or casualty, and this lease shall remain in full force and effect; provided, however, that the rent during the period of repair shall be reduced to an amount which, in Lessor's opinion, bears the same ratio to the rent provided for herein as the portion of the Leased Premises then available for use bears to the entire Leased Premises. Upon completion of such repairs the rent shall thereafter be paid as provided for herein as the portion of the Leased Premises then available for use bears to the en- tire Leased Premises. Upon completion of such repairs the rent shall thereafter be paid as provided in the paragraph above designated RENT. • 14. Default. In the event the Lessee shall fail to pay any rent when due in accordance with the terms of this lease and such default shall con- .tinue for a period of ten (10) days after written notice delivered to Lessee at the Leased Premises of such default, the Lessor,-without prejudice to any other rights or remedies that it may have, shall have the right, immediately or at any time thereafter, to re-enter the Leased Premises and remove all persons and property from the Leased Premises. In the event the Lessee shall neglect to keep or perform any other covenant, agreement or condition of this lease or shall fail to conform to any of the building rules and regu- lations now in force or hereafter adopted by the Lessor, the Lessor shall give written notice of such default to the Lessee; and in the event that such default is not rectified within ten (10) days from the date of such notice, then the Lessor shall have the right to enter the Leased Premises immediately or at any time thereafter and remove the Lessee therefrom with- out prejudice to any other remedies of the Lessor. In the event of any such re-entry, the Lessee hereby,waives all claims for damages which may be caused by the re-entry of the Lessor and will save the Lessor harmless from any loss, cost or damages occasioned by Lessor thereby, and no such re-entry shall be considered or construed to be a forcible entry. Should the Lessor elect to re-enter the Leased Premises as herein provided, or should it take possession pursuant to legal proceedings, it may either terminate this lease or it may, from time to time, without terminating this lease, re-let the premises or any part thereof on Lessee's account for such time or times and . at such rental or rentals and upon such other terms and .conditions as the Lessor in its sole discretion may deem advisable, with the right to make alterations and repairs to the Leased Premises, and the Lessee shall pay the amount of rent due under this lease to the date of the beginning of payment of rent pursuant to any such re-letting, together with the cost of such re-letting including the cost of any alterations and repairs to the Leased Premises, and Lessee will thereafter pay monthly during the remainder of the term of this lease the difference, if any, between the rent collected from such re-letting and the rent reserved in this lease if such rent collected is less than that reserved in the lease. No such re-entry or taking posses- sion of the Leased Premises by the Lessor shall be construed as an election on its part to terminate this lease unless a written notice of such inten- tion be given to the Lessee. Notwithstanding any such re-letting without termination, the Lessor may, at any time after the occurrence of any default -6- nrnr /f set out in this Paragraph No. 14 elect to terminate this lease and may termi- nate it by giving written notice to that effect to the Lessee. If the Lessor shall at any time terminate this lease on account of • any default set out in this paragraph, .in addition to other remedies it may have, it may recover from the Lessee all damages that•it may suffer by rea- son of the"termination of the lease, including, but not limited to, the cost of recovering possession of the Leased Premises, and the excess, if any, of the amount of rent and other amounts to be paid by the Lessee under the terms of the lease for the remainder of the stated term, over the then rea- sonable rental value of the premises for the.remainder of the stated term. • In addition to the foregoing, if after a default by Lessee an • attorney is employed to enforce the monetary obligations evidenced by this Agreement or to assist the Lessor in connection with its exercise of any right, power, privilege or remedy referred to herein, Lessee agrees to pay promptly all costs incurred by Lessor with respect to collection of enforce- meat including reasonable attorney'•s ,fees and court costs.. The Lessee acknowledges that all accounts are due and payable as required in the lease and a finance charge of 1 1/2% per month, which is an annual percentage rate of 18% will be charged by Lessor on all past due . accounts. 15. Constructive Default. (1) If, before or during the term of this lease, the Lessee shall be adjudged as bankrupt, or if any proceeding under the federal bankruptcy laws shall be filed by or against the Lessee, then such occurrence shall be deemed a breach of this lease and, upon the happen- ing of such event, this lease, IPSO FACTO. shall terminate, and the Lessee shall be liable for all damages sustained by the Lessor as provided by law. (2) If, before or during the term of this lease or any renewal thereof (a) the Lessee shall make an assignment for the benefit of creditors or (b) a receiver shall be appointed for the property of the Lessee by order of a court of competent jurisdiction by reason of the insolvency or alleged insolvency or otherwise of the Lessee, or (c) any department of the state or federal government, or any officer thereof authorized by order of court • shall take possession of the business property of the Lessee by reason of the insolvency or alleged insolvency of the Lessee, or (d) should execution issue on any judgement and be levied against Lessee's interests in•said Leased Premises under this lease, then, upon the happening of any one or more of such event, at the option of the Lessor, this lease may be termi- ' nated by the Lessor by written notice to that effect to the Lessee, and the Lessor shall, in addition to any other remedies provided by law in case of default by the Lessee, be entitled to the damages set out in the last sen- tence of 14 above. Paragraph 16. Assignment and Sublettiing. Lessee shall not sell, assign, pledge or hypothecate this lease, or sublet the Leased Premises or any part thereof without the prior written consent of Lessor, which consent shall not be un- reasonably withheld. Consent by Lessor to one assignment qr subletting shall not destroy or operate as a waiver of' the'prFihibitions contained in this paragraph as to future assignments or subleases and all such later assignments or subleases shall be made only with Lessor's proper written . consent. In the event any assignment of the lease or subletting of the Leased Premises is consented to by the Lessor, Lessee shall remain liable to . Lessor for payment of all rent herein provided for and for the faithful per- , formance of all the covenants and conditions of this lease by any assignee or. sublessees to the same extent as if the lease had not been assigned or the Leased Premises sublet. If this lease shall be assigned or the premises sublet by Lessee at a rental that exceeds all rental to be paid to Lessor hereunder, then and in such event any such excess shall be paid over to Lessor by Lessee. -7- • 17. Condemnation. In the event the whole or any part of the Building shall be taken by eminent domain or in any manner for public use, the Lessor may at its option terminate to such Lessee and upon the giving of such writ- ten notice by Lessor the estate hereby granted and all rights hereunder shall expire as of the earlier of the date when title to or the right to possession of the Building or a part thereof shall vest in or be by public authority as aforesaid and any rent paid for any period beyond said date shall be repaid to Lessee. Lessee shall not be entitled to any part of any award or payment which may be paid to Lessor or made for Lessor's benefit in connection with such public use, and Lessee shall have no claim or rights as against Lessor for the value or any unexpired term of this lease. It is provided, however, that the'widening of streets abutting the land on which the Building stands shall not affect this lease, provided that no part of the Building is so taken and provided that no part of the parking lot is taken which would render the remaining parking area insufficient for zoning purposes. 18. Subordination. Lessee agrees that this lease is and shall remain subject and subordinate to and may be assigned as security for any present and all future ground leases or underlying leases of the Building or of the real property upon which the Building is located and to and for all mort- gages or deeds of trust which may now•or hereafter affect such leases or the Building or the real property upon which the Building is located and to and for all renewals, modifications, consolidations, replacements and extensions thereof. This clause shall be self-operative and no further instrument _ shall be necessary to effect such subordination, however, Lessee shall exe- cute promptly and deliver to Lessor any such certificate_.or certificates in writing as Lessor may request evidencing the subordination of this lease to or the assignment of this lease as additional security for such ground lease, underlying lease, mortgage or deed of trust and Lessee hereby consti- tutes and appoints Lessor as Lessee's attorney-in-fact coupled with an in- terest to execute any such certificate, certificates or assignment on Lessee's behalf in default of such execution by Lessee. In the event the Building or the real property upon which the Building is located or a lease- hold interest in the Building or the real property upon which the Building is located is sold pursuant to a court order in any foreclosure proceeding or is sold pursuant to a power of sale contained in any mortgage or deed of trust, the Lessee agrees to execute an attornment agreement with such pur- chaser not in conflict herewith at the request of such purchaser. 19. Notices. Any notice or demand which by any provision of this agree- ment is required or allowed to be given by either party to the other shall be deemed to have been sufficiently given for all purposes when made in writing and sent in the United States mail as certified or registered mail, postage prepaid and addressed (a) if to Lessee, to the suite number of the Leased•Premises at the Building and (b) if to Lessor, to the office of the Building Manager at the Building or to such other place as Lessor may from time to time designate in a notice to Lessee. Lessee hereby appoints as its agent for service or process in all dispossessory distraint and summary ejectment proceedings which may be brought against it by Lessor, any person occupying the Leased Premises, provided that if no person is occupying the Leased Premises, then Lessee agrees that such service may be made by attach- ment thereof to the main entrance to the Leased Premises. 20. Building Rules and Re lotions. The Lessee has read the rules and regulations hereto attached and made a part hereof and hereby agrees to abide by and conform to the same and to such further rules and regulations as the Lessor may from time to time make or adopt for the care, protection and benefit of the Building or the general comfort and welfare of its occu- pants. The Lessee further agrees that the Lessor shall have the right to waive any or all of such rules in the case of any one or more lessees in the Building without affecting the Lessee's obligations under this lease and • said rules and regulations, provided that any waiver shall not impair Lessee's quiet enjoyment of the Leased Premises, and that the- Lessor shall • -8- • • • not be responsible for the non-conformance by any other lessee to any of said-rules or regulations. 21. Security and Janitorial Services. The Lessor will provide reason- able•janitorial services as more particularly described in the Building Rules and Regulations; provided, however, the Lessor's sole responsibility for and duty in respect of any such janitorial services shall be that of the exercise of due care in the selection of any persons or firms which may be engaged by Lessor for the purpose of actually rendering such janitorial ser- vices. Lessor will provide adequate security for the Building. 22. Quiet Enjoyment. The Lessor-agrees that the Lessee on paying the stipulated rental and keeping and performing the agreement and covenants herein contained, shall hold and enjoy the Leased Premises for the term aforesaid, subject, however, to the terms of this lease. • 23. Waiver. The waiver by Lessor of any breach of Any covenant or agreement herein contained shall not be deemed to be a waiver of such cove- nant or agreement or any subsequent breach of the same or any othercovenant or agreement herein contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any covenant or agreement of this lease other.than the failure of the Lessee to pay the particular rental so accepted, reagrdleas of lessor's -. knowledge of such preceding breach at the time of acceptance of such rent. 24. Possession After Termination. If Lessee shall fail to vacate and surrender the possession of the Leased Premises at the termination of this lease, whether by expiration of the term hereof, default or any other basis, the Lessor shall, in addition to any and all other rights provided herein and provided by law and without waiving any such rights or extending the term of this lease, be entitled to recover from the Lessee as liquidated damages an amount equal to two times the amount of rental Lessee would have paid for a' period prior to termination equal in time to the period from the termination of this lease until the date said premises are vacated and sur- rendered. 25. Delay in Delivery. In the event said Leased Premises, for any cause whatever, are not delivered to the Lessee or to the Lessee's agent for' the purpose of performing Lessee's improvements thereto at the commencement of term hereof, the rental shall abate until said premises are made avaiable • to Lessee, but the term hereof shall not be extended by reason of such delay. The rental payable for any fractional part of a month shall be prorated. In•the event the Leased Premises are not delivered within thirty (30) days after the date fixed for the commencement of-the term hereof, .Lessee shall have the right to terminate this lease upon written notice' to that effect to • the Lessor at any time thereafter but prior to the time said r p emises are made available to Lessee, but in no event shall Lessor be liable to Lessee for any damages allegedly resulting from any such delay or otherwise. 26. Integration Clause. Any stipulations, representations, promises or agreements,'oral or written, made prior to or contemporaneously with this agreement shall have no legal or equitable consequences, and the only agree- , ment made and binding on the parties is contained herein' and:it is the com- plete and total integration of the intent and understanding of Lessor and Lessee. 27. Lessee has deposited with Lessor the sum of 0 - as security for the performance by Lessee of the terms of this lease. ..Lessor may use any part of the security to satisfy any default of Lessee and • any expenses arising from such default,, including but not limited to any damages or rent deficiency before or after re-entry by Lessor. Lessee shall, upon demand, deposit with Lessor the full amount so used, in order tht Lessor shall have the full security deposit on hand at all times during the term of this Tease. In the event of a• sale or lease of the-building containing the premises, Lessor may transfer the security to the purchaser • . -9- • or Lessee and Lessor shall thereupon be released from all liability for the return of the security. This provision shall apply to every transfer or assignment of the security to a new Lessor. Lessee shall have no legal power to assign or encumber the security herein described. 28. Exculpation. At the commencement of this Lease, Tenant agrees that it shall look solely to the estate and property of Landlord in the 'land and • buildings comprising the vjopp3Etg._oenteT___ of which the demised premises are a part, for collection of any judgement (or other judicial process), requiring the payment of money by Landlord in the event of any default or breach by Landlord with respect to any of the terms, covenants and condi- tions of this Lease to be observed and/or performed by Landlord. No other property or assets of Landlord shall be subject to levy, execution, or other procedure for the satisfaction of Tenant's remedies, and there shall be absolutely no personal liability on the part of any individual members of Landlord or its successors, whether general partners, limited partners or otherwise. SEE EXHIBIT F IN WITNESS WHEREOF, the parties have caused this document to be executed this the day and year first above written. LANDLORD CARR MILL i By `_- _.._. _ __._. ,. W. French -"'- Pa rids Ann French • ATTEST: TENANT __Algz,1441.,.._,a4---,4&.— Ailkie4...." ._ .. ._.___ E *NOTE: If Lessee is a corporation, Lease must be signed by an authorized officer of the corporation and attested by a secretary or assistant secretary of the corporation who must affix the corporate seal. -1 0- i••••"'•• , .. . . . .or• . . EXIILB IT A * • . \•— !-•:" fr... ...., 1 li.. .. . ! \ ..le.4.• .-..,,,X,K . ' ''''...4..--.6.,:r• .I' . . • I▪ .1 • • • 1 I • 1 1 • it . „ 1 • I, 1 f . r ,„ • i , •I i i , It • h.-4 g•• "' 1 fi • . ri . i .....) 1 1.-=.--k I. p:..1 - ...-2. T '16'1: : ) ,..i . . h -.....-. . i I. .:. . . 1 .• f-------- --. -z-t- ) 1,_ • . : 1/412 t•A : • • ; . ....t -..,......,- 3 • I I e.7•1-,_. • . . . , • 1 •...1 .. 4 / • •• .,1 I : 3-- .-4 4■••.'•• 14 ........ • .. 8 .1 I . ' ' •Ir• . I I . C i . I . . • 16..‘ • 1-2-4 . t : • a — 04 : . , 31 • le !..,, . •...... „, L.„ ../„.1 • • 1.T • • Pia , . j • . ------wv../..--- ------ IT 1.4 ii • • AIILLERATE13YER/Pl_LSICII Carr 1 . 11.0434TECURE•CONIUMMY FUJININO•DEFGrf ovintrrre.NORM GAMMA•704/344.0•01 • . shopping village TM{ IVY C******7106. C%%%%% •,..1. .. ... * •• . . 7 ' .... . ...... . .. . 4 . . - * .'' .• . . _ Fk' �r EXHIBIT C CARR MILL RETAIL MALL Carrboro, North Carolina • Rules and Regulations . 1. The sidewalks, entrances, hallways, elevators and stairways shall not be obstructed by any Lessee or used by him for any other purpose other than for ingress and egress. 2. A Directory in a conspicuous place, with the names of the Lessees, will be provided by the Lessor. 3. . No littering or trash disposal will.be permitted anywhere in the Carr Mill Mall premises other than in areas designated by Management for trash disposal. 4. No additional locks shall be placed upon any doors without written consent of the Lessor, nor shall any duplicate keys be made or obtained other than by or through Lessor. 5. Toilet rooms and other water apparatus shall not be used for any pur- pose other than those for which they were constructed. 6. Lessee shall not make improper noises or disturbances of any kind, sing, play or operate musical instruments, radio or television sets or any machine or device in such fashion as may be deemed by Lessor to interfere with other occupants of the building. 7. The installation of window shades, awnings, venetian blinds, draperies and curtains may be installed subject to Lessor's approval of m installation including method any ag handing hardware and of color and texture of any such window coverings. 8. Lessee or their employees shall not: a. Keep animals or birds on the premises. b. Allow bicycles or similar vehicles in the building. c. Throw anything through windows or down stairways. d. Leave premises unoccupied without locking all doors, extinguishing lights and turning off water outlets. e. Install or operate vending machines of any kind without consent of Lessor. f. Use premises for lodging rooms, gambling or any immoral purpose. g. Open windows while the air-conditioning system is operating. h. Keep kerosene, burning fluid and other highly inflammable material on the premises without Lessor's consent. i. Make adjustments to heating and air-conditioning controls, plumbing apparatus, electrical fixtures and equipment, windows and doors. (Notify Lessor if adjustments are required or desired.) j. Install any anchorage, supporting or bracing-devices into floor, walls, partitions or ceilings. (Notify Lessor if any such devices are desired.) 9. The Lessor shall not be liable for any damages due to stoppages or mal- function of any sort of the elevators, heat and air-conditioning sys- tems, plumbing fixtures and the electrical power and lighting system. 10. The Lessor reserves the right to make such other and further reasonable . rules and regulations as in its judgement it may from time to time deem. . necessary for the safety, care and cleanliness of. the premises, and for the preservation of good order therein. 11. The Lessor reserves the right to designate the time when and method by which freight, furniture, safes, goods, merchandise and other arti- cles may be brought into or taken from the building and the Leased Premises. Repairs, painting, material moving and other similar work that may be done to the Leased Premises by or for Lessee shall be per- formed by any workmen employed, designated or approved by the Lessor. 12. The Lessor reserves the right at all times to exclude bootblacks, news- boys (Loiterers), vendors, solicitors and peddlers from the building, and to require registration, satisfactory identification and creden- tials from all persons seeking access to any part of the building, at times other than during ordinary business hours. The Lessor will exer- cise its best judgement in the execution of such control but shall not be held liable for the granting or refusal of such access. 13. Lessor has right to assign all Lessees and their employees parking spaces across the street at Roberson and Maple at the parking lot desig- . nated for office personnel, said parking to be supplied by Lessor as a part of this lease. • • • • li • EXHIBIT F LANDLORD'S RIGHT TO MORTGAGE AND SELL • Estoppel Certificate. Within ten (10) days after request therefor by Landlord, or in the event that upon any sale, assignment or hypothecation of the Premises and/or the land thereunder by Landlord, an offset statement shall be required from Tenant; Tenant agrees to deliver, in recordable form, a certificate to any proposed mortgagee or purchaser, or to Landlord certifying (if such be the case) that this Lease is in full force and effect and that there are no defenses or offsets thereto, or stating those claimed by Tenant. - Subordination and Attornment. This Lease is and shall be subject and subordinate at all times to the lien of any mortgages in any amount or amounts and/or all or any part of the land or buildings comprising Carr Mill viiia;e and to all ground or underlying leases which exist or may hereafter be executed affecting such land and buildings, or either thereof, of which the Premises are a part, or on or against Landlord's interest or estate therein, or any part of or interest in any of the foregoing, or on or against any ground or underlying lease (and in all cases including all extensions, renewals, amendments . and suppler..=nts to any ground or underlying lease or mortgage), without the necessity of the execution and delivery of any further instruments on the part of Tenant to effectuate such subordination. Tenant covenants and agrees to execute and deliver upon demand such further instruments evidencing such subordination of this Lease to any such ground or underlying lease and to the lien of and such mortgage as may be required by the Landlord. Notwithstanding anything hereinabove contained, in the event the holder of any such mortgage or the Landlord under any such ground or underlying lease shall at any time elect to have this Lease constitute a' prior or superior lien to its mortgage or lease, then and in such event upon any such mortgageholder or Landlord notify- ing Tenant to that effect, this Lease shall be deemed prior and superior in lien to such mortgage or lease, as the case may be, irrespective of whether this Lease is dated prior to or subsequent to the date of such mortgage or lease. If Landlord enters into one or more concurrent or successive mort- gages or ground or underlying leases and Tenant is advised in writing of the name and address of the mortgagee or Landlord under such mortgage or gound • or underlying lease, as the case may be, then this.Lease shall not be terminated or cancelled on account of any default by the Landlord in the performance of any of the terms, covenants or conditions hereof oh its part contained, until Tenant shall l have given written notice of such default to such mortgagee or Landlord, specifying the default, and such mortgagee or Landlord shall have the right for thirty (30) days from the date of its receipt of such notice (and such reasonable additional time as is required to effect the cure with due dili- gence) to correct such default. • Tenant shall, in the event any proceedings are brought for the foreclosure of or in the event bf exercise of the power of sale under any mort- gage made by the Landlord covering the premises, attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease. Attorney-In-Fact. The Tenant upon request of any party in interest, shall execute promptly such instruments or' . certificates to carry out the intent of this section as shall be requested by ilk-Landlord. The Tenant hereb•' irrevocably appoints the Landlord as Attorney-in-Fact for the Tenant with full potter and authority to execute and deliver in the name of the Tenant any such instruments or certificates. If fifteen (15) days after the date of a. written request by Landlord to execute such instruments, the Tenant sha:i not have executed the same the Landlord may, at its option, cancel this Lease without incurring any liability on account thereof, and the term Hereby granted is expressly limited accordingly. Transfer of Landlord's Interest. Landlord shall have the right to convey, trans c:r or assign, y sae or of erwise, all or an interest in this Lease or Carr Mill Village, including the Premises, at atny(timee and from tiree. to time and to any person, subject to the terms and conditions of this Luse. All covenants and obligations of Landlord under this Lease shall cease upon the execution of such conveyance, transfer or assignment, but such covenants and obligations shall run with the land and shall be binding upon the subsequent owner(.) thereof or of this Lease during the periods of their owner- ship thereof. -15- • • , 036 •- CARE MILL rat OFFICE COMPLEB C LEASE NORTH CAROLINA ORANGE COUNTY THIS LEASE AGREEMENT made and entered into as of the 4th day of October 19 85 , by and between J.W. FRENCH AND PATRICIA ANN FRENCH, d.b.a. CARR MILL, having its principal office in Charlotte, North Carolina, hereinafter referred to as the Lessor, and ORANGE COUNTY HEALTH SERVICES hereinafter referred to as the Lessee, of Orange County r y . g, o- ' W I T N E S S E T H : o In consideration of the rents to be paid to the Lessor by the Lessee, as hereinafter provided, and of the covenants and agreements upon the part of the Lessor and the Lessee to be kept and P performed, the Lessor hereby 'demises and leases to the Lessee, and the Lessee leases and takes from the Lessor the premises measuring 5580 square feet, as shown on the Floor Plan attached hereto as Exhibit A and by references made a part hereof, (herein called the Leased Premises) located on the 2nd floor of that cer- tain building known as Carr-Mill Building (the Building), which Building is situated at•the corner of Weaver and Greensboro Street's in the City of Carrboro, Orange County, North Carolina on the property shown as Exhibit B attached hereto to be occupied and used as health service provider and for no other purposes; upon the terms and condi- tions herein set forth, together with the nonexclusive right to use all common areas of the building including but not limited to stairways, halls, 4k' elevators, restroom and parking facilities common areas. of November of Lease: The term hereof shall commence on the 1st day , 19 85 , and shall end at 12:00 midnight on the 31st day of October ,:19 88 . Lessee shall have two options to extend the term for two e y arc for each option, said options to run coase- I. • entively. Lessee shall exercise the first option by written notice to j Lessor given within ninety days of the expiration of the term and the second E i _ option by written notice to Lessor given within ninety days of the expira- tion of the first option term. _Lessor to have option to relocate Lessee g into comparable space in event Lessee options to renew lease at expiration of the term,. j 2. Rental_ I y,scl4 j::�) Lessee shall pay to Lessor the sum of fifty-four thousand four hundred & 00/100 Dollars ($ 54,405.00 ) per annum (hereinafter sometimes referred to as the "Annual Base Rent") payable in monthly install- meats of forty-five hundred thirty-three & 75/100 Dollars ($4,533.7 each due on the first day of each month, in advance, during the term of this _ Lease, except that payment for the first such monthly installment shall be made by Lessee to Lessor simultaneously with the execution of this Lease. :3: For each :ease year f the -ease :arm commencing ,,,.;h ;-ye aecand :ease ?ear. lessee 3na11 also lay co :.essor as adaitioaai -enc along wi:h the annual 3asa ?ant a sum equal to :ne decrease, chasing power 2i :he amount of the Annual :ass lent mace the .ommencement date of the lease term. The amount of any sucn decrease, the amount of the Xd: . .. .. --.. i - j - 037 -- additional rent and the method of payment thereof shall be calculated and determined in the manner set forth under the following paragraph. • (c) Within thirty (30) days after the publication and issuance thereof, the Lessor shall deliver to the Lessee a copy of the Consumer Price Index (hereinafter referred to as the "Index") for Atlanta, Georgia, for all items of the Bureau of Labor Statistics of the United. States Department of Labor for the first month of the first lease year (hereinafter referred to as the "Base Month") and for the corresponding month in each lease year thereafter. If the Index for the first month of the second lease year and . for each corresponding month in each lease year thereafter shows a decrease in the purchasing power of the amount of the Annual Base Rent as compared, in each such case, to the Index for the Base Month, the Lessor, as soon as possible after the delivery of each index subsequent to the Index for the "" Base Month, shall furnish the Lessee with its computation of the amount equal to such decrease, if any, and this amount shall be the amount of the additional rent payable by the Lessee for the lease-year in question. Such additional rent shall be divided and paid in twelve (12) equal monthly in- stallments daring each such lease year.. Pending the determination of the additional amount of rent, if any; to be paid by the Lessee; and when the y additional amount of rent has been determined, the Lessee on the first day of the month immediately following the furnishing by the Lessor to the a Lessee of the computation thereof, shall pay the Lessor the number of in- stallments that shall have lapsed from the commencement of the lease year in question up to and including the first day of such month. (d) If at the time required for the determination of the addi- tional rent the Index is no longer published or issued, the parties shall use such other index as has been generally recognized and accepted for simi- lar determinations of purchasing power. If the parties are unable to agree on the selection of an index which would most accurately carry out the in- tent hereof or if there is a dispute with respect to the computation of addi- tional rent as herein provided, then the issue with respect thereto shall be determined by an arbitrator appointed by the Carrboro, North Carolina Board of Realtors. (e) In no event shall the total annual rent due during any lease year hereunder be less than the Annual Base Rent provided bereinabove. a. • (f) If any rent owing under this lease is collected by or through an attorney-at-law, Lessee agrees to pay Lessor as Attorney's fees an amount equal to twenty percent (201) of the amount so collected. 3. Utilities. Lessor shall supply electric current for the lighting fixtures as installed in the leased area, corridors, toilets, and rest rooms and for electric typewriters, mimeograph machines, adding machines and•other similar electrically powered office machines requiring comparable amounts of • electric power, and shall replace defective lights as needed; provided, how- . • ever, the Lessor shall not be responsible for any power failure. Lessor shall furnish a reasonable amount of hot and cold running water to lavato- ries and toilets in or appurtenant to the Leased Premises and shall keep all plumbing in repair. It is specifically agreed that Lessor undertakes to furnish only a reasonable amount of electric current and water and that Lessor reserves the right to install meters and to make extra rental charges for any consumption of electric current or water which it deems to be l - greater than normal, excessive or wasteful. J - 4. Heating and Air Conditioning. Lessor shall maintain and operate ff the heating and air conditioning systems for all parts of the building, ex- } :get starage apace. The heating and air anditioning systems ahall Se opera- ! _ad and maintained Setvesn :he Sours of 3:00 a.+. and 5:00 D I except sacurda_r and 'undav; however. :r sae se :he huiidinghy•:payee and i • % • 038 other lessees of the Lessor at other periods so indicates, Lessor shall in its discretion operate the heating and air conditioning systems during such other periods. Both heating and air conditioning systems shall be operated only when the Lessor, in its sole judgement, considers that the weather requires it. 5. Elevators. Lessor shall furnish elevators to all floors of the Building during ordinary business hours and make a reasonable number of ele- vators available for such persons who may be permitted to enter the Building at other times. All elevators may at the Lessor's option be self—service, 6. Interruption of Services. The Lessor shall not be or become liable for damages to Lessee alleged to be caused or occasioned by or in any way connected with or the result of any interruption, defect or breakdown from any cause whatever in any of the services herein referred to in Paragraphs 3, 4, and 5 above. However, upon receipt of actual notice of any such inter- ruption, defect or breakdown, Lessor will take such steps as it in its sole • discretion deems reasonable•to restore any such interrupted service or to remedy any such defect. 7. Alterations. Any alterations, additions, improvements or parti- tions, excepting those partitions to be furnished by Lessor, permitted here- in shall be made at the expense of the Lessee. The Lessee agrees that the 4.'. Lessee will make no alterations, additions or improvements to the Leased Premises without the written consent of the Lessor, such consent not to be unreasonably withheld, and that all alterations, additions or improvements made by and for the Lessee, including but not limited to, any and all subdi- viding partitions, walls, special plumbing, electrical fixtures or rail— ings of whatever type, material or height, but excepting movable office fur- niture put in at the expense of the Lessee, shall, when made, be the pro-- perty of the Lessor and shall remain upon and be surrendered with the Leased premises as a part thereof at the expiration or earlier termination of this lease. The Lessor, however, reserves the right to require the Lessee to remove any paneling, decorations, partitions, walls, railings, floor cover- ings, booths, plumbing, electrical fixtures or office furniture installed by or at the request of the Lessee, by giving notice of such election to the Lessee at any time prior to, or not later than ten days after, the expire- . tion or earlier termination of said term, in which event the Lessee, at the Lessee's sole cost and expense shall remove the property so specified on or before the date of expiration or earlier termination of this lease or a date five days after the ivi n shall promptly reimburse thef Lessor nfor ce, the w coat eofrrestoriu the later, and to their original condition. restoring premises 8. Right of Entry. The Lessee agrees that the Lessor shall have the right to enter and to grant licenses to enter the Leased Premises at any time (a) to examine the Leased Premises, (b) to make alterations and repairs to the Leased Premises or to the Building (including the right, during the progress of such alterations or repairs, to keep and store within the Leased Premises alU necessary materials, tools and equipment), (c) for any purpose which the Lessor may deem necessary for the operation and maintenance of the Building, or (d) to exhibit the Leased Premises to applicants for hire or prospective purchasers and that no such entry shall render the Lessor liable to any claim or cause of action for loss of or damage to the business or • property of the Lessee, by reason thereof, nor in any manner affect the obli- gations and covenants of this lease. 9. Use and Occupancy. Lessee agrees that the Leased Premises will be used only for the purposes hereinbefore set out in this lease, that ao unlaw- ful use of the Leased Premises will be made, that no sign, name, legend, notice or advertisement of any ;ciad will Se Fixed, painted or iisolayed sn any part of the 3uilding, except _Sac :he lame and business or profession of the Lessee nay be painted with appropriate lettering approved by :he lessor an the door or doors to the space :eased by the '.essee; and upon :he • }t - . • 039 termination of this Lease, Lessee will vacate and surrender possession of the Leaned Premises to the Lessor in a good condition as the Leased Premises were at the commencement of this lease, ordinary wear ry and tear excepted. 4L 10. Insurance. Tenant's proportionate share of Landlord's coat of fire 7, and extended coverage insurance, including rental loss insurance on the Center, shall be determined in the same manner as the additional rental pay- able for impositions. Such amount shall be payable yearly in advance within thirty (30) days after Landlord has rendered an invoice for the same to Tenant. The Lessee hereby agrees to hold the Lessor harmless on account of any claims of any nature and kind'arising out of the use-and occupancy of - said property; and in this connection the Lessee agrees to carry at its own coat and expense, a Comprehensive Public Liability policy with limits of $300,000/$300,000 for personal injury or death and $100,000 for property damage and the Lessor is to be named as additional insured therein. Lessee shall deliver said policy or a certificate of insurance to Lessor together with evidence of full payment of hensive Public Liability insuraucerfouall cLommon areas of the dBuilding. mpre- (Fire and Casualty Insurance). Lessor shall provide fire and ex- tended coverage insurance on the Building and the Leased Premises. Lessee • shall provide at its own cost sprinkler, fire and extended coverage in- surance on its own property, furniture, fixtures and equipment, and on all plate glass and other glass of the leased premises; and also on improvements and betterments made by it to the leased premises to the insurable value thereof. Unless the parties hereto then agree otherwise, the proceeds col- i lected upon all such policies of insurance shall be used to repair and/or replace the leased premises, improvements and betterments so damaged or de- stroyed,` y by and such repairs or replacements shall be prosecuted pro tl b both Lessor and Lessee with such insurance funds; and in the event such funds are not adequate, then the deficiency shall be made up hy the premises as leased and delivered to Lessee, and by the Lesseeeasotoa all o improvements and betterments made by it to the leased premises, provided, however, nothing herein shall be construed to require Lessee to repair or replace the Leased Premises. . In the event of the total destruction of the leased premises by tr fire or other casualty, this lease shall terminate as of the date of such destruction, unless Lessor and Lessee mutually agree to have the premises restored, during which restoration period Lessee shall be excused from Base Rental payment. • In the event of partial destruction of the leased premises, render- ing them unsuitable for Lessee's business, the parties shall repair and re- ' • store the leased premises as quickly as practical and during such period of repair and restoration there shall be an abatement to Lessee of the Base Rent proportionate to the portion of the floor area of the leased premises rendered unsuitable for Lessee's business. 11. Taxes. Tenant shall pay its proportionate share of all assessments or charges (hereinafter sometimes called "impositions") paid or incurred by Landlord during each calendar year for public betterments or improvements, ad volorem taxes, real estate taxes, or any other tax or rents or real estate as such (other than income taxes thereon) from time to time directly or indirectly assessed or imposed upon the Center and/or the portion of the Land upon which it is situated, including all costs and fees paid or incur- red by Landlord in contesting, or in negotiating with the public authorities is to the amount of such assessments, shames or taxes or the basis upon which the same sua1: be assessed, 'enant's proportionate share of said =moo- sit ions shall be computed by multiplying the tacai sum of said Imoosit'ons far the appLicabie period by a f-action, tae numerator of which shat, be the oumber of square feet bereiabefore seated to be :he approximate area of the • 040 i 1 •.- Premises and the denominator of which shall be the total_square footage on the shopping center tract. 5580 Tenant's 102,587 = . .439287 proportionate share of said Impositions shall be paid, along with monthly installments of minimum rent, in advance in monthly in- stallments estimated by Landlord and subsequently adjusted, resulting from the actual Impositions exceeding (or falling short of) estimated payments. Tenant shall pay initial monthly installments for the calendar year during which the term hereof begins in the amount of twenty-six hundred seventy-eiekt & 40/10t ($2.678.40 per annum) Dollars, the same being based on Land- • lords estimate of such Impositions at the commencement of the term. = Monthly installments for each subsequent calendar year shall thereafter be estimated by Landlord at the beginning of each such year on the basis of the .i actual Impositions for the preceding calendar year. Within sixty (60) days of receipt of all the bills for such Imposi- tions for each such calendar year, Landlord shall deliver to Tenant a state- ment certifying the actual total amount thereof and the amount of Tenant's proportionate share thereof. Along with the installment of minimum rent next due following receipt of each such statement, Tenant shall lord'such amounts as may be necessary to effect adjustment of theaamount�d- paid or payable for the certified calendar year to the actual amount of Tenant's proportionate share of such Impositions for such year. Landlord shall credit any excess payments made by Tenant against future installments to be paid by Tenant hereunder. If the term of this Lease shall begin or end on a date other than the first or last day of a calendar year, the first and/or final annual charges to Tenant with respect to the aforesaid Impositions shall be pro- Fi rated on a daily basis on the basin of a three hundred and sixty-five (365) day calendar year. The foregoing provisions to the contrary notwithstanding, it is understood and agreed that any and all assessments or charges for public betterments or improvements ad volorem real estate taxes or other taxes on business or personal property or any other tax on real estate or business or • personal property as such from time to time directly or indirectly assessed • or imposed upon or with respect to any alterations, additions or improve- ments made to the premises by Tenant or under its direction or with respect xE todany propertyaif Tenant therein shall be borne and paid entirely by Tenant y portion thereof shall be paid by Landlord, Tenant shall reimburse Landlord for the same immediately upon receipt by Tenant of written demand therefore from Landlord. _ 12. Indemnit1. The Lessee agrees to indemnify and save harmless the Lessor and the agents, servants and employees of the Lessor against and from any and all claims by or on behalf of any person, firm or corporation arising by reason of injury to person or damage to property occurring in the Leased Premises occasioned in whole or in part by any act or omission on the part of the Lessee or an employee (whether or not acting within the scope of g employment), agent, visitor, assign or undertenant of the Lessee or by reason of any unlawful use of the Leased Premises or any breach, violation or nonperformance of any covenant in this lease on the part of the lessee to , • be observed or performed, and also for any matter or thing growing out of 1 the occupancy or use of the Leased Premises by or claiming to hold through or under the Lessee. Lesseeeagreesytoe pay lforg all damage to the Building as well as all damages araising out of injury to or death of other lessees or occupants thereof, caused by Lessee's misuse or neglect of said Leased ?remises, its apparatus or appurtenances. Lessor shall not be liable to Lessee for any iamaee ov or from any act or sesli- j ;ence of any at adjoining contiguous ar : oper_y. ,assor agrees :o indemnif- and save harmless tae Lessee and the agents. servant3 and employees of the Lessee from and against any and all claims by or on behalf ad any person. firm or corporation arising by reason of injury :o person or damage to pro- : petty occurring in the common areas of the Building. • 041. I 13. Fire or Other Casualty. In the event the Building in which the Leased Premises are located is destroyed casualty, this lease shall thereupon terminate.fire, unavoidable accident or . In the event the Building in which the Leased Premises are located is damaged by fire, unavoidable accident or casualty to such an extent that in Lessor's opinion, the portion of said Building in which the Leased Pre- mises are specifically located cannot be repaired within ninety (90) days to its approximate condition existing immediately preceding such fire, unavoid- able accident or casualty, this lease shall thereupon terminate. In the event the portion of the Building in which the Leased Pre- mises are specifically located damaged by fire, unavoidable accident, or casualty and the same can be repaired within ninety (90) days from the date of such fire, unavoidable accident or casualty, the parties hereto agree that said Leased Premises shall be repaired and restored by Lessor to the approximate condition of said Leased Premises existing before said fire, unavoidable accident or casualty, and this lease shall remain in full force and effect; provided, however, that the rent during the period of repair shall be reduced to an amount which, in Lessor's opinion, bears the same ratio to the rent provided for herein as the portion of the Leased Premises then available for use bears to the entire Leased Premises. Upon completion of such repairs the rent shall thereafter be paid as provided for herein as the portion of the Leased Premises then available for use bears to the en- - ' tire Leased Premises. Upon completion of such repairs the rent shall thereafter be paid as provided in the paragraph above designated RENT. 14. Default. In the event the Lessee shall fail to pay any rent when due in accordance with the terms of this lease and such default shall con- ' tinue for a period of ten (10) days after written notice delivered to Lessee at the Leased Premises of such default, the Lessor,'without prejudice to any other rights or remedies that it may have, shall have the right, immediately • or at any time thereafter, to re-enter the Leased Premises and remove all persons and property from the Leased Premises. In the event the Lessee shall neglect to keep or perform any other covenant, agreement or condition of this lease or shall fail to conform to any of the building rules and regu- Lations now in force or hereafter adopted by the Lessor, the Lessor shall give written notice of such default to the Lessee; and in the event that such default is not rectified within ten (10) days from the date of such notice, then the Lessor shall have the right to enter the Leased Premises immediately or at any time thereafter and remove the Lessee therefrom with- out prejudice to any other remedies of the Lessor. In the event of any such re-entry, the Lessee hereby waives all claims for damages which may be • caused by the re-entry of the Lessor and will save the Lessor harmless from any loss, cost or damages occasioned by Lessor thereby, and no such re-entry • shall be considered or construed to be a forcible entry. Should the Lessor elect to re-enter the Leased Premises as herein provided, or should it take possession pursuant to legal proceedings, it may either terminate this lease • or it may, from time to time, without terminating this lease, re-let the premises or any part thereof on Lessee's account for such time or times and at such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion may deem advisable, with the right to make alterations and repairs to the Leased Premises, and the Lessee shall pay the • amount of rent due under this lease to the dace of the beginning of payment of rent pursuant to any such re-letting, together with the cost of such re-letting including the cost of any alterations and repairs to the Leased • Premises, and Lessee will thereafter pay monthly during the remainder of the term of this lease the difference, if any, between the rent collected from such re-letting and the rent reserved in this lease if such rent collected is less than that reserved is the lease. No such re-entry or taking posses- sion of :he teased ?remises by :he Lessor seal: be _onstrued as an election i 1 on its part :o terminate this ?ease aniess a written mocice of such incen- :ion be given to :he Lessee. Notwithstanding any such r_-Lecting without termination. :he lessor may, at any time after :he accurrence sf any default . I . 042 . set out in this Paragraph No. 14 elect to terminate this lease and may termi- Hate it by giving written notice to that effect to the Lessee. If the Lessor shall at any time terminate this lease on account of any default set out in this paragraph, in addition to other remedies it may have, it may recover from the Lessee all damages that it may suffer by a- eon of the termination of the lease, including, but not limited to, the cost of recovering possession of the Leased Premises, and the excess, if any, of the amount of rent and other amounts to be paid by the Lessee under the terms of the lease for the remainder of the stated term, over the then rea- aonable rental value of the premises for the.remainder of the stated term. • In addition to the foregoing, if after a default by Lessee an attorney is employed to enforce the monetary obligations evidenced by this Agreement or Co assist the Lessor in connection with its exercise of any right, power, privilege or remedy referred to herein, Lessee agrees to pay promptly all costs incurred by Lessor with respect to collection of enforce- . 'ment including reasonable attorney's,fees and court costs.. / The Lessee- acknowledges that all accounts are due and payable as required in the lease and a finance charge of 1 1/22 per month, which is an annual percentage rate of 182 will be charged by Lessor on all past due • accounts. 15. Constructive Default. (1) If, before or during the term of this lease, the Lessee shall be adjudged as bankrupt, or if any proceeding under the federal bankruptcy laws shall be filed by or against the Lessee, then such occurrence shall be deemed a breach of this lease and, upon the happen- ing of such event, this lease, IPSO FACTOt shall terminate, and the Lessee shall be liable for all damages sustained by the Lessor as provided by law. (2) If, before or during the term of this lease or any renewal thereof (a) the Lessee shall make an assignment for the benefit of creditors or (b) a receiver shall be appointed for the property of a court of competent jurisdiction by reason of the insolvency sor alleged r insolvency or otherwise of the Lessee, or (c) any department of the state or federal government, or any officer thereof authorized by order of court shall take possession of the business property of the Lessee by reason of the insolvency or alleged insolvency of the Lessee, or (d) should execution issue on any judgement and be levied against Lessee's interests in said Leased Premises under this lease, then, upon the happening of any one or more of such event, at the option of the Lessor, this lease may be termi- • nated by the Lessor by written notice to that effect to the Lessee, and the Lessor shall, in addition to any other remedies provided by law in case of • ' default by the Lessee, be entitled to the damages set out in the Last sen- tence of Paragraph 14 above. • 16. Assignment and Subletting. Lessee shall not sell, assign, pledge or hypothecate this lease, or sublet.the Leased Premises or any part thereof without the prior written consent of Lessor, which consent shall not be un- reasonably withheld. Consent by Lessor to one assignment or subletting shall not destroy or operate as a waiver of the prohibitions contained in this paragraph as to future assignments or subleases and all such later assignments or subleases shall be made only with Lessor's proper written consent. In the event any assignment of the lease or subletting of the Leased Premises is consented to by the Lessor, Lessee shall remain liable to Lessor for payment of all rent herein provided for and for the faithful per- formance of all the covenants and conditions of this lease by any assignee or. sublessees to the same extent as if the lease had not been assigned or the Leased Premises sublet. If this lease shall be assigned or the premises sublet by Lessee at a rental that exceeds all rental to he paid co Lessor hereunder, then and is such sweat any such excess shah: be ?aid aver :o Lessor by Lessee. • • • . - . 043 • 17. Condemnation. In the event the whole or any part of the Building shall be taken by eminent domain or in any manner for public use, the Lessor may at its option terminate to such Lessee and upon the giving of such writ- ten notice by Lessor the estate hereby granted and all rights hereunder shall expire as of the earlier of the dace when title to or the right to possession of the Building or a part thereof shall vest in or be by public authority as aforesaid and any rent paid for nay period beyond said date shall be repaid to Lessee. Lessee shall not be entitled to any part of any award or payment which may be paid to Lessor or made for Lessor's benefit in connection with such public use, and Lessee shall have no claim or rights as against Lessor for the value or any unexpired term of this lease. It is provided, however, that the widening of streets abutting the land on which the Building stands shall not affect this lease, provided that no part of the Building is so taken and provided that no part of the parking lot is taken which would render the remaining parking area insufficient for zoning purposes. • 18. Subordination. Lessee agrees that this lease is and shall remain subject and subordinate to and may be assigned as security for any presentand all future ground leases or underlying leases of the Building or of the real property upon which the Building is located and to and for all mort- gages or deeds of trust which may now.or hereafter affect such leases or the a3' Building or the real property upon which the Building is located and to and for all renewals, modifications, consolidations, replacements and extensions thereof. This clause shall be self-operative and no further instrument shall be necessary to effect such subordination, however, Lessee shall exe- cute promptly and deliver to Lessor any such certificate.,or certificates in writing as Lessor may request evidencing the subordination of this lease to or the assignment of this lease as additional security for such ground lease, underlying lease, mortgage or deed of trust and Lessee hereby consti- Cute, and appoints Lessor as Lessee's attorney-in-fact coupled with an in- terest to execute any such certificate, certificates or assignment on Lessee's behalf in default of such execution by Lessee. In the event the Building or the real property upon which the Building is located or a lease- hold interest in the Building or the real property upon which the Building is located is sold pursuant to a court order in any foreclosure proceeding or is sold pursuant to a power of sale contained in any mortgage or deed of trust, the Lessee agrees to execute an attornment agreement with such pur- chaser not in conflict herewith at the request of such purchaser. 19. Notices. Any notice or demand which by any provision of this agree- • . meat is required or allowed to be given by either party to the other shall be deemed to have been sufficiently given for all purposes when made in writing and sent in the United States mail as certified or registered mail, postage prepaid and addressed (a) if to Lessee, to the suite number of the • Leased Premises at the Building and (b) if to Lessor, to the office of the x Building Manager at the Building or to such other place as Lessor may from time to time designate in a notice to Lessee. Lessee hereby appoints as its agent for service or process in all dispossessory distraint and summary ejectment proceedings which may be brought against it by Lessor, any person occupying the Leased Premises, provided that if no person is occupying the Leased Premises, then Lessee agrees that such service may be made by attach- " ment thereof to the main entrance to the Leased Premises. . 20. Building Mules and ions. The Lessee has read the rules and regulations hereto attached and made a part hereof and hereby agrees to abide by and conform to the same and to such further rules and regulations as the Lessor may from time to time make or adopt for the care, protection and benefit of the Building or the g general comfort and welfare of its occu- pants. The Lessee further agrees that the Lessor shall have the right to waive any or all of such rules ih the sass of any one or more lessees in the Building without si'..--,ug the Lessee's obligations under this lease and said rules and reguiac_ons, provided that any waiver shall sot impair Lessee's quiet enjoyment of the Leased ?remises, and that the Lessor shall • • • • 044 • • • not be responsible for the non-conformance by any other lessee to any of said•rules or regulations. • 21. Security and Janitorial Services. The Lessor will provide reason- able janitorial services as more particularly described in the Building Rules and Regulations; provided, however, the Lessor's sole responsibility for and duty in respect of any such janitorial services shall be that of the exercise of due care in the selection of any persons or firms which may be engaged by Lessor for the purpose of actually rendering such janitorial ser- vices. Lessor will provide adequate security for the Building. 22. Quiet Enjoyment. The Lessor•agrees that the Lessee on paying the stipulated rental and keeping and performing the agreement and covenants herein contained, shall hold and enjoy the Leased Premises for the term aforesaid, subject, however, to the terms of this lease. 23. Waiver. The waiver by Lessor of any breach of any covenant or agreement herein contained shall not be deemed to be a waiver of such cove- • • • nant or agreement or any subsequent breach of the same or any othercovenant or agreement herein contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any covenant or agreement of this lease other than the failure of • the Lessee to pay the particular rental so accepted, reagrdless of lessor's knowledge of such preceding breach at the time of acceptance of such rent. 24. Possession After Termination. If Lessee shall fail to vacate and surrender the possession of the Leased Premises at the termination of this lease, whether by expiration of the term hereof, default or any other basis, the Lessor shall, in addition to any and all other rights provided herein and provided by law and without waiving any such rights or extending the term of this lease, be entitled to recover from the Lessee as liquidated damages an amount equal to two times the amount of rental Lessee would have • paid for a- period prior to termination equal in time to the period from the termination of this lease until the date said premises are vacated and sur- rendered. 25. Delay in Delivery,. In the event said Leased Premises, for any • cause whatever, are not delivered to the Lessee or to the Lessee's agent for the purpose of performing Lessee's improvements thereto aC the commencement of term hereof, the rental shall abate until said premises are made avaiable • • to Lessee, but the term hereof shall not be extended by reason of such delay. The rental payable for any fractional part of a month shall be prorated. In the event the Leased Premises are not delivered within thirty (30) days after the date fixed for the commencement of the term hereof, Lessee shall have the right to terminate this tease upon written notice to that effect to the Lessor at any time thereafter but prior to the time said premises are made available to Lessee, but in no event shall Lessor be liable to Lessee for any damages allegedly resulting from any such delay or otherwise. • 26. Integration Clause. Any stipulations, representations, promises or • agreements,'oral or written, made prior to or contemporaneously with this • agreement shall have no legal or equitable consequences, and the only agree- ment made and binding on the parties is contained herein and it is the com- • plete and total integration of the intent and understanding of Lessor and Lessee. 27. Lessee has deposited with Lessor the sum of 0 as security for the performance by Lessee of the terms of this lease. Lessor may use any part of the security to satisfy any default of Lessee and any expenses arising from such default, including but not limited to any damages or rent deficiency before or after re-entry by Lessor. Lessee shall, upon demand. deposit with Lessor the foil amount so used, in order ch: Lessor aha11 have :he E-4L security deposit on hand ac all times during the :era of =his lease. :7 the -:vent of s sale or :ease of the building containing the premises, Lessor may transfer the security to the purchaser _J_ • • 4 V�' f FT„ lY • t 045 or Lessee and Lessor shall thereupon be released from all liability for the return of the security. This provision shall apply to every transfer or assignment of the security to a new Lessor. Lessee shall have no legal power to assign or encumber the security herein described. 28. Exculpation. At the commencement of this Lease, Tenant agrees that it shall look solely to the estate and property of Landlord in the land and - buildings comprising the .Sh9Dping_center of which the demised premises are a part, for collection of any judgement (or other judicial process), requiring the payment of money by Landlord in the event of any default or breach by Landlord with respect to any of the terms, covenants and condi- tions of this Lease to be observed and/or performed by Landlord. No other property or assets of Landlord shall be subject to levy, execution, or other procedure for the satisfaction of Tenant's remedies, and there shall be absolutely no personal liability on the part of any individual members of Landlord or its successors, whether general partners, limited partners or otherwise. SEE EXHIBIT E IN WITNESS WHEREOF, the parties have caused this document to be executed this the day and year first above written. • LANDLORD CARR MILL ts' J. W. French By Patricia Ann French • ATTEST: TENANT • rya' *NOTE: If Lessee is a corporation, Lease must be signed by an authorized officer of the corporation and attested by a secretary or assistant secretary of the corporation who must affix the corporate seal. • 4 • . . . . . . • -4f ','g.. . .. .....- ,..., . . -. .. . ,--.• • . . . . . - •• . . • . 046 . • . • ... . • main= A • i';',.: . • • . .4., • • 1 g•-... I -•- . r- -.'------r; .. \ 47'71 1 -,.. s 1 W..,..,,.. . i I . .....v"...G...--.4" i ..•17 . . i •1 1 I ..!.:, rt • 'IL t I' 1- • : t g I 1 : - . i •1 1 1 ..-., tg • l"..-1 4 H H I . • i .." .,4 i . •_,,,. . :•-• , . ' . L.g...;:l ,4....i-L, i I I. 1 . i ; , „..., • •,- .t I.1 1.; III • '-:'' ' i . I ,- 4, i • 1 vol .• . r......."-A—. '4 ) ( , . ''''-i'''t..:•] I I i e",.:s 4------ - . : , .. •.i i 1 ' ./' . -,,, .i . . ••Z•I'.4 • ' 0 . t I — ACT%•.1 1 7 & X . - .k. .:. • 1 i - - -I • . : 7..`• . krili:I 14. . ::.: 1,- ."•.-:t. i ''-'7_,/;'• .1 ■j - • I • . • 11 1.,.. ',... - . 7,4 i . 1) •••.,•••• . . . ....■ . . . ae. • • •T • ...., . . 11114. '• —r :•.01..•,•""t.* ."". ,) es . 2 . : ... • Di r • . • • I W — al - ,•• • 1 .0A IL 1E2/WEE:Tit/Finn Ca.rr Mill ,,,,,,,,rwr.ng„ft.....serf a....m...G•CESCA , • • Z.P.LTIE. +MIMI CAP134/14.••041=3.0721 3.:-toppiag y;'.1a.ge , . -: . ....• I•••***** I... ..• .770 I.*""PI, c.o..," ...al .• . .. . .. . , . . - . .- . — . _,... • • 1 1 047 EXHIBIT C CARR MILL RETAIL MALL Carrboro, North Carolina Rules and Regulations 1. The sidewalks, entrances, hallways, elevators and stairways shall not be obstructed by any Lessee or used by him for any other purpose other than for ingress and egress. 2. A Directory in a conspicuous place, with the names of the Lessees, will be provided by the Lessor. • 3. No littering or trash disposal will be permitted anywhere in the Carr Mill Mall premises other than in areas designated by Management for • trash disposal. 4. No additional locks shall be placed upon any doors without written consent of the Lessor, nor shall any duplicate keys be made or obtained other than by or through Lessor. 5. Toilet rooms and other water apparatus shall not be used for any pur- pose other than those for which they were constructed. 6. Lessee shall not make improper noises or disturbances of any kind, sing, play or operate musical instruments, radio or television sets or any machine or device in such fashion as may be deemed by Lessor to interfere with other occupants of the building. 7. The installation of window shades, awnings, venetian blinds, draperies and curtains may be installed subject to Lessor's approval of method.of installation including handing hardware and of color and texture of any such window coverings. 8. Lessee or their employees shall not: a. Keep animals or birds on the premises. b. Allow bicycles or similar vehicles in the building. • c. Throw anything through windows or down stairways. d. Leave premises unoccupied without locking all doors, extinguishing lights and turning off water outlets. e. Install or operate vending machines of any kind without consent of Lessor. f. Use premises for lodging rooms, gambling or any immoral purpose. g. Open windows while the air-conditioning system is operating. h. Keep kerosene, burning fluid and other highly inflammable material oa the premises without Lessor's consent. i. Make adjustments to heating and air-conditioning controls, plumbing apparatus, electrical fixtures and equipment, windows and doors. (Notify Lessor if adjustments are required or desired.) j. Install any anchorage, supporting or bracing devices into floor, walls, partitions or ceilings. (Notify Lessor if any such devices are desired.) 9. The Lessor shall not be Liable for any damages due to stoppages or mal- function of any sort of the elevators, heat and air-conditioning sys- tems plumbing fixtures and the electri cal power and lighting system. 10. The Lessor reserves the right to make such other and further reasonable rules and regulations as in its judgement it may from time to time deem necessary or the safety. care and cleanliness of the premises, and or the preservation of good order therein. LL. The Lessor reserves the right to designate the time when and method by which freight, furniture, safes, goods, merchandise and other arti- cles may he brought into or taken from the building and the :.eased i 048 ?remises. Repairs, painting, material moving and other similar work that may be done to the Leased Premises by or for Lessee shall be per- formed by any workmen employed, designated or approved by the Lessor. 12. The Lessor reserves the right at all times to exclude bootblacks, news- . boys (Loiterers), vendors, solicitors and peddlers from the building, and to require registration, satisfactory identification and creden- tials from all persons seeking access to any part of the building, at times other than during ordinary business hours. The Lessor will exer- cise its best judgement in the execution of such control but shall not be held liable for the granting or refusal of such access. 13. Lessor has right to assign all Lessees and their employees parking spaces across the street at Roberson and Maple at the parking lot desig- nated for office personnel, said parking to be supplied by Lessor as a part of this lease. • • • i • • • j - EXflIDIT P 049 • LANDLORD'S RIGHT TO MORTGAGE AND SELL Estoppel Certificate. Within ten (10) days after request therefor by Landlord, or in the event that upon any sale, assignment or hypothecation of the Prerni as and/or the land thereunder by Landlord, an offset statement shall be required from Tenant; Tenant agrees to deliver, in recordable form, a certificate to any proposed mortgagee or purchaser, or to Landlord certifying (if such be the case) that this Lease is in -full force and effect and that there are no defers.ees or offsets thereto, or stating those claimed by Tenant. Subordination and Attornment. This Lease is and shall be subject and subordinate at all times to the lien of any mortgages in any amount or amounts and/or all or any part of the land or buildings comprising Carr Hill and to all ground or underlying leases which exist or may hereafter be executed affecting such land and buildings, or either thereof, of which the Premises are a part, or on or against Landlord's interest or estate therein, or . any part of or interest in any of the foregoing, or on or against any ground or underh:inc lease (and in all cases including all extensions, renewals, amendments . and sappier..e-ts to any ground or underlying lease or mortgage), without the necessity of the execution and delivery of any further instruments on the part of Tenant to effectuate such subordination. Tenant covenants and agrees to execute and deliver upon demand such further instruments evidencing such subordination of this Lease to any such ground or underlying Iease and to the lien of any ouch mortgage as may be required by the Landlord. Notwithstanding anything hereinahove contained, in the event the holder of any such mortgage or the Landlord under any such ground or underlying lease shall at any time el.ct to have this Lease constitute it prior or superior lien to its mortgage or lease, then and in such event upon any such mortgageholder or Landlord notify- ing Tenant. to that effect, this Lease shall be deemed prior and superior in lien to such mortgage or lease, as the case may be. irrespective of whether this Lease is dated prior to or subsequent to the date of such mortgage or lease. • If Landlord enters into one or more concurrent or successive mort- gages or ground or underlying leases and Tenant is advised in writing of the name and address of the mortgagee or Landlord under such mortgage or gound - or underlying lease, as the case may be, then this Lease shall not be terminated or cancelled on account of any default by the Landlord in the performance of any of the terms, covenants or conditions hereof an its part contained, until Tenant shall have given written notice of such default to such mortgagee or Landlord, specifying the default, and such mortgagee or Landlord shall have the right for thirty (30) days from the date of its receipt of such notice (and • such reasonable additional time as is required to effect the cure with due dill- gence) to correct such default. • Tenant shall, in the event any proceedings are brought for the foreclosure of or in the event of exercise of the power of sale under any mort- -gace made by the Landlord covering the premises, attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as the Landlord under this Lease. Attorney-in-Fact. The Tenant, upon request of any party in interest, shall execute promptly such instruments or, certificates to carry out the intent of this section as shall be requested by tile Landlord. The Tenant hereby irre•:ccably appoints the Landlord as Attorney-in-Fact for the Tenant with full power and authority to execute and deliver in the name of the Tenant • any suet- instruments or certificates. If fifteen (15) days after the date of a. written request by Landlord to execute such instruments, the Tenant sha;i not have executed the same, the Landlord may, at its option, cancel this Lease without incurring any liability on account thereof, and the term hereby granted is expressly limited accordingly. . _ J "ransfer of Landlord's Interest. Landlord shall -aye :he right or ass;gn. oy sale or otherwise, iii or any ?art of its I -•e '-�: ..,.95e or tar. Hill Village, :nciuding the ?remises, at any time nc " :0 :i;ne and to any person, subject to :he terms and conditions of • Lea,,-e. All covenants and obligations of Landlord under this Lease shall :ease "- ' e ecutlon cf such conveyance. transfer or assignment, but such '••-t, �.• . sciIc:ations s ail run with the and and shall Ile binding ;loon the - •s" -"."t -ere-, thereof or of .its :,casc during the Vie.*iods of their'o«ner- i • 050 ORANGE COUNTY BOARD OF C MUSSIO'NERS Action Agenda ACTION AGENDA ITEM! ABSTRACT Item No. Fi6 Meeting Date: NC ER 4, 1985 SUBJECT: BUDGET AMEITMENTS DEPARTMENT: FINANCE PUBLIC HEARING: ,_des X No ATENC ME!P(S) : INFORMATION CONTACT: DONNA WAGNER X 495 TELEPHONE EMBER: PROPOSED BUDGET AMENDMENT Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham ' - 688-7331 PURPOSE: Consideration of proposed budget amendments. Imo: SCHOOL CAPITAL RESERVE FUND To appropriate funds, by project, to the General Fund for Orange County Schools as per the Long Range Capital Plan for the Orange County and Chapel Hill Carrboro Schools. GENERAL FUND To appropriate funds, by project, from the School Capital Reserve Fund to the Orange County Schools as per the Long Range Capital Plan for the Orange County and Chapel Hill-Carrboro Schools. IMPACT: SCHOOL CAPITAL RESERVE FUND This amendment will decrease the Capital Reserve Fund for the school systems by an appropriation for Orange High School Expan- sion, Chapel Hill-Carrboro Science Labs, Glenwood/Estes Hills Multipurpose Space and Chapel Hill-Carrboro Schematics/design. GENERAL FUND This amendment will increase the Orange County Schools' capital appropriations for Orange High School Expansion, Chapel Hill- Carrboro Science Labs, Glenwood/Estes Hills Multipurpose Space and Chapel Hill-Carrboro Schematics/design. RECCHMEIVAPION(S): Approve motion to amend the 1985-86 Budget Ordinance by proposed amendment. 051 ORANGE COUNTY PROPOSED 1985-86 BUDGET AMENDMENT The 1985-86 Budget Ordinance of Orange County as adopted on July 3, 1985, and subsequently amended, is hereby amended as follows: BEFORE AFTER AMENDMENT AMEMMENT AMENDMENT SCHOOL CAPITAL RESERVE FUND Appropriation: Orange High School Expansion $0 $670,000 $670,000 Chapel Hill-Carrboro Science Labs 0 80,000 80,000 Chapel Hill-Carrboro Multipurpose 0 516,000 516,000 Chapel Hill-Carrboro Schematics 0 48,452 48,452 Source: School Capital Reserve $1,521,080 $1,314,452 $206,628 GENERAL FUND Appropriation: Orange High School Expansion $0 $670,000 $670,000 Chapel Hill-Carrboro Science Labs 0 80,000 80,000 Chapel Hill-Carrboro Multipurpose 0 516,000 516,000 Chapel Hill-Carrboro Schematics 0 48,452 48,452 Source: Transfer from School Capital Reserve 0 $1,314,452 $1,314,452 Tb appropriate funds, by project, for Orange High School expansion. Approved this 4th day of Nbvember, 1985. ORANGE COUNTY Blank Form: A-23 BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT -,,.... ITEM NO. Fri - MEETING DATE NOVEMBER 4, 1985 _ . 052 ',t SUBJECT: Orange County Arts Commission; Nomination of Local Distribution Agent• , H EAR ING: - YES .i.....NO , i DEPARTMENT: Recreation & Par 1 [ PUBLIC ks , ,-..• .., - ATTACHMENT(S): INFORMATION CONTACT: (1) Resolution Creating Commission PHONE NUMBERS: HILLSBOROUGH - 732-8181 (2) NC Arts Council LDA information HILLSBOROUGH - 732-9361 ... (3) LDA Nomination Form and related CHAPEL HILL - 967-9231 - attachments. MEBANE - 227-2031 DURHAM - 688-7331 . 4. - .. PURPOSE; "., For the Board to consider the nomination of the Orange County Arts Commission as the official Local Distributing Agent (LDA) for the County's Grassroots Arts Program Funds ':. as stated in Section 4, Item B in the resolution creating the orange Councy Arts Commission. fs. 1 , NEED: To allow for the decentralization of state grants decisions and to provide the Board an official organization to plan the distribution and expenditure of annual arts funding from the state. IMPACT: The organization will remain the official LDA until it no longer meets the standards set forth by the N. C. Arts Council (see attachment #2). The LDA will prepare an annual plan for local arts funding. After review and approval by the NC Arts Council, the Council will send the funds directly to the LDA for distribution as set forth in the plan. RECOMMENDATION(S) : Authorize the chair to sign and return the nomination form to the County Liaison (Brian Cox) for the delivery to the N. C. Arts Council. 10'• • - 053 • C. The Commission's office and files shall be lodged organizationally within the Orange County Parks and Recreation Department, Staff support shall be provided by the Director- of Parks and Recreation except as may be otherwise arranged by the County Manager from other departments and from the Triangle .7 Cultural Resources Committee and the North Carolina Arts Council.. Section 4. PURPOSES • The purposes of the Commission_ qh,*11 be as follows: • • A. To advise the Board of County Commissioners on matters involving the arts; B. Upon nomination of the Board of Commissioners and approval of the N. C. Arts Council the Commission shall be the Local. Distributing !•-• Agent. (LDA) to advise the Board of Commissioners of the annual allotment of Grass. Roots Arts Program funds. As the LDA it shall have the goal of assuring that the County's annual grassroots funding allotment is broadly and fairly distributed to serve as effectively as possible the arts needs of the citizens; ••• C. To encourage and aid the appreciation and awareness of, and participation in, the arts among all citizens of Orange County; D. To encourage cooperation and, coordination among individuals, organizations and institutions concerned with the arts in the County of Orange; E. To facilitate the- development of self-sustaining arts programs; F. To accept gifts or donations Pertaining to cultural or artistic matters that may be used to promote, aid and expand the cultural resources of the County. • Section 5. ACTIV:273S The activities of the Commi,5sion shall include the following: A. To initiate, sponsor, conduct or support, alone or in cooperation with other public or private agencies, programs in the arts; B. To serve as a clearinghouse for information about Orange County artists, arts programs, facilities, organizations and institutions and to encourage public awareness, utilization and support of such resources; • C. To arimirlister the Grassroots Program funds which shall include the - responsibility to: a) familiarize those interested in the arts with the guidelines necessary for funding, b) advertise for applications at the start of each grant cycle; c) review requests, d) recommend award decisions to the Board of Commissioner's based on applicant's meeting guideline conditions and being able to arrange matching funds, e) mail award letters and checks, and f) secure proper documentation of expenditures for inclusion in the County's annual audit. APPROVED THIS, the 4th Day of February, 1985 -------- Don Willhoit, Chair a) 054 PURPOSE. To.allow for the decentrali- - development. In addition,to qualify as £Y NORTH CAROLINA q fy ,ARTS allNC1L zation of state grants decisions and to an LDA,an organization must meet the provide a system of annual arts funding following standards: to every county in the state. • Grassroots 1. It must exist primarily to aid the arts. DESCRIPTION. The Grassroots Arts L Its purpose must be to support all Arts Program,g Program is a partnership program art forms,induding the performing,vis- between the Council and the communi- ual and literary. ties of the state.The State of North 3. Its programs must be open to the Distribution' Carolina provides its major support of entire community,and it must actively " local arts projects through this program seek the involvement of all parts of the Through local � by allocating funds to the•counties on a county. - Distributing: ' per capita basis. 4. It must be a non-profit,tax-exempt Generally funds are distributed in a organization. Agents (LDAs) county by an organization which is 5. It must be governed by a citizen W nominated by the county.commission- • board which is not self-perpetuating. (A ers and approved by the Council as board is considered not self- Local Distributing.Agent(LDA).The •perpetuating if its members are elected LDA is the Council's partner in making or appointed by persons other than the grants to local arts organizations for arts board members themselves and if its development. Local projects should be members serve terms limited in number supported through Grassroots funds and duration.) rather than other Council grant catego- 6. It must have been incorporated and ries designed for specific needs.Corn- active for at least one full year prior to munity arts organizations should deal being nominated as an LDA. directly with their LDAs when seeking.. 7. It must be able to demonstrate Grassroots funds.for local projects. administrative and financial stability. In counties which do not yet have 8. It must be able to match Grassroots LDAs,interested organizations should Arts Program funds at a'ratio of one-to- apply directly to the State Council for one with public and/or private funds portions,of their counties'allocations. from within the county in which it is located. -*NOMINATION. The Board of Corn- - - missioners of each county may nomi- COUNTY PLAN. Annually the LDA will nate one organization which,if prepare a plan for the distribution and approved by the North Carolina Arts expenditure of that county's funds.The Council,will become the official LDA plan must be designed to assist in the for that county's Grassroots Arts Pro- total development of the arts in that gram funds. county and should be the product of a It will not be necessary for the corn- careful process which includes provi; missioners to repeat this process annu- sions for public input into the use of ally and the official LDA will remain so funds.The planning process should until such time as it no longer meets the consider the needs of individual artists, necessary standards as described below. established and emerging arts organize- The determination that an organization tions,racial minorities,and the general ceases to meet the necessary standards public. will be the responsibility of the North The plan will be submitted to the Carolina Arts Council. North Carolina Arts Council for review. Quality arts experiences should be Upon approval of the plan,the Council the primary goal of any organization will send the funds directly to the LDA. nominated as the LDA.The organization At the end of the funding period,the should be one which sponsors success- LDA will report to the Council on the ful programs and provides useful serv- expenditure of both the grant and ices to its county and is recognized by matching funds and will show that they the community for its leadership in arts were spent in accordance with the approved plan. ' - i continued 41- . • ALLOWABLE COSTS. Program and operating costs and administrative costs with the exception of permanent personnel. • AMOUNT OF GRANT. Funds will be distributed on a per capita basis to each • county of the state according to the most recent official population esti- mates of the Office of State Planning, Department of Administration.A cur- rent schedule of county allocations is available from the Council on request. MATCHING REQUIREMENTS.. Grass- . roots Arts Program,allotments must be • matched one-to-one.Matching funds must be in cash,be local funds,may be . either public and/or private funds,must be designated for.community arts organizations and/or programs,and may not be used to match other Council grants.Matching funds and Grassroots funds do not necessarily have to be spent on the same project,but must be spent in the same fiscal year. OTHER REQUIREMENTS. All legal • requirements and funding policies des- cribed on the grant guidelines sheet FORM. LDA Nomination Form and/or Grassroots Arts Program Application Form. DEADLINE. March 1 for submission of county plan and for nomination of new LDAs. STAFF ASSISTANCE Contact the Community Development Section. 43c N c (Orange I, treat=Rub larks apartment 171,, ,, A. . 300 west Trim Street r HILLSBOROUGH,N.C.2727$ 055 MEMORANDUM TO: Don Willhoit, Chair Board of. Orange County Commissioners FROM: Brian E. Cox,Supervisor $11tam..4 Southern Service District DATE: October 16, 1985 ENCL: (1) nomination for LDA form RE: Arts Commission The Orange County Arts Commission has petitioned mess County Liaison to forward the following requests to the Board: (1) That each appointeeto the Arts Commission that is currently serving a one year term be re-appointed for a two-year term. This will permit the Commission to maintain the continuity in membership that will be critical as the organization process continues. (2) That the Board begin the nomination process for the Commission to become the Local Distributing Agent by endorsing the enclosed nomination form. This shall be done via the signature of the Chair. Your assistance and guidance is appreciated. BEC/pbl CC: E. Gerald Eidenier, Chair, Crane County Arts Commission Mary Anne Black, Director Hillsborough, 732-9361 • Durham, 688-7333 • Chapel Hill. 968-4501 • Mebane, 227-2032 • . . CVOLINA - • 056 • • „.,.. ARTS-'--- COUNCIL IMIECHNCfaHCAROUNmasa. • . . =SWOTS MIS PROGRAM 4 . = . . .: . NOMINATION OF .• . . • •LECAL DISTR. IBUTING AGEArr , . - . • • ... . . . . • . . . , . . . . . Please caviar guidelines for the Grassroots Arts Program before completing this •. form.' - . • • . . . •-...- . . . . . douNTr ORANGE: ' .. .. . . . . • - - ' . . • . 1... Neste and. address of nominated.*organization:- . . . . , . Orange County arts erimmi Fulitan . . . • . , % Orange-County Recreation & Parks Department 300 Wt Tryon Street HiLlsborough, North Carolina: 27278 . . , . • . 2. Does the organizatipa 'exist peusariIy to aid the arts? yes. . . ,• „ . . . ; •- 3-. Does the• organisation aid all the arts, including the performing, visual and. ,-' literary-arts? yes• ., • , • ':- . .4. Date of incorporation:, February 4, 1985 . • . - - . . s : . • • - , - 5. Purpose of the organization as recorded in its bylaws: - .. To become the official countywide advisory body on the arts, which will promote, coordinate and strengthen private and public programs to further the cultural development of the county. _ ri . . , • . . . 4- • . , • 6. Describe the governing board of the organization, including manner of selection, length of terms, frequency of-meetings, etc. Attach a list of board members, including occupations and other-relevant data. . • The commission consists of eleven- members to be appointed by the Board of . County rcmm- sioners. Each member shall serve for a term of two years or . until,his or her successor is appointed and qualified, except that five of the original appointees shall serve terms of one year. Meetings are, held regularly on the second Monday of each month on a rotating basis between Hillsborough and Chapel Hill. See Attached list for membership. - • . - . . : . - , • • • W. . Page• 2 U b i � . --- . . . _ . - g. lk 7. Bas the organization been full active for t . Y a least one year- prior to this norm•-- tt. nation? • Briefly describe the scope of its activities during that i.e., year; .e.,, s ry of programs,. approximate number of people involved in each, size 4 of budget, etc. • !d; The organization will have been fully active for one year as of February 4, 1986. The scope of its activities have.been of an organizational and administrative z_" nature to this point: - - . • j -•meeting requirements to become IDA - establish comprehensive,by-laws - - create local:mininnim standards for Grassroots funding ' - conduct public hearing (Jan '86) to present information to the citizens zens ,, - - w4• �e.. - • • Vii: - .. r .' • 8. Are the arganizationts. programs•open to the entire community and does the: organi..... �r, zationi actively seek the involvement of all parts'of the co:maunity? Yes • ' 9. Can the or ° ganszatj.on match your county s Grassroots- Arts funds with public and/or private- funds from within your county at,a. ratio of one-to-one? Not at present.. 10. Please attach. the following- documents.: - a. copy of organization's tax exemption letter from the Internal Revenue Service • b. copy of organization's bylaws l c. list of organization's. board members (as requested in #6- above) d. copy of organization's income and expense statement for the most recently - completed fiscal. year and operating budgets for the current fiscal year- and the. next. fiscal year (include both income• and expenditures) 11. Name- and phone number., of a county government representative to contact for further information: Brian E. Cox, County Liaison - ' (919) 732-9361, Ext. 296 •12. We certify that the •information contained herein is true and correct to the best . K; of our knowledge. • • Signature of the Chairman of County Commissioners or the County Manager Brian E. Cox, County Liaison - Typed Name and Position - Date 058 ORANGE "OUN7v ' BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. MEETING DATE 11-4-85 SIIBJECT: .Extension of contract with.I).W. Ward Construction Co., '-' F.1EPARTMENT: PuRCBMING PUBLIC HEARING: YES x NO , • i: A71-ACHMNT(S) : INFORMATION CONTACT: pain. Jones •., ,• LETTER from D.W.Ward Construction Co. PHONE NUMBERS: HILLSBOROUGH - 732-8181 if- HILLSBOROUal - 732-9361 ',..' CHANGE ORDER form CHAPEL HILL - 967-9251 ••.: • ,..„ MEBANE - 227-2031 '--,-, . - DURHAM - 688-7331 • ii g .,*. PURPOSE: To consider the extension of a contract with D.W. Ward Construction Co.,Inc. for renovation of restzoanf2cilitice at the Cedar Grove Center and at the New Courthouse. ti NEED: Delivery to our contractor from the manufacturer has been delayed by approximately three months, thereby making it impossible for D.W. Ward to meet the contract completion date. IMPACT: Project will be delayed by approximately 90 days from original completion date. RECOMMWATION: To extend contract deadline date by no less than 90 days. van cONSTRUCTION COMI'AINTY INC. Wk.,- GENERAL C 006 COMM' ON:RoACTORS r ,..15,..1/419r1Tr< 157 1NICATIC/N DRIVE1 (9191 47/-047 *At511 TV 1. October 11, 198 Mr. Robert Addelson Orarf e Coupuntrycliasing & Central, Services 00 W.0f TrVOYI, Stregt Hillsborough, NC 27 278 Cou ou Ced Re: Toilet Renovations to rthse and. ar Grove Dear Sir: We iaere notified on October 0, 1985, that due to the lac: the toilet it wi/,/, talce partits.'ons for the above refierenced project are porce the orig approximately three (3) months to receive them from t e Manufacturer. Net chans Since it is going _o reausLroenedthiisn cis time, we wouid like to ore::est that he Contract date be pc) ,t. muorder to accommodate the pia j -t; ova of this (Contract Please inform us of your appr change c matter. (Contra ct b , 4 y tins cha The new (Cor, Si,rtcere/y,' D. Fei WPPD this change CIO COMPANY, INC- The contract la S. Cates Si The date o S Pame change order t /pso AuTEroarzED: PWNER . ' 37: ----A ....,_____:\ , / / 0 60 CHANGE ORDER Change Order No. 1 CONTRACT NAME: Toilet Facility Renovations Change Order Initiation Date: 10-25-85 :-: CONTRACTOR: D,W.Ward Construction Co./Inc. Contract Date: 8-5-85 PO Box 15157 Durham, NC 27704 The following changes are requested: 1. Extend contract time by ninety (90) days due to contractors inability to get porcelain restroom partitions from manufacturer. The original (contract sum)(Guaranteed Maximum Cost) was $ 10,958.00 .00 Net change by previously authorized change orders (Contract Sum. )(Guarangeed Maximum Cost) prior to this . 10/958.00 change order was (Contract Sum)(Guaranteed Maximum Cost) will be UNCHANGED by this change order The new (Contract Sum)(Guaranteed Maximum Cost) including this change order will be $ 10,958.00 The contract time will be INCREASED by ( 90 ) DAYS The date of Substantial Completion as of the date of this change order therefore is Feb. 12, 1985 • AUTHORIZED: OWNER • It , "skJei,"/Z, 77/ , _ „ /, ,„„se, NE pnl 5' t ki 061 el.: ORANGE COUNTY ��u . BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date November 4. 1985 AItem ction#, 9da � en 41 SUBJECT: P0-2-85 CHANDLER'S GREEN 4 I' DEPARTMENT: PLANNING PUBLIC HEARING _Yes X No tF Attachment(s) Information Contact: SUSAN SMITH VICINITY MAP FINDINGS — PRESENTED AT PUBLIC HEARING 1- CHAPEL HILL RESOLUTION :q DRAFT 10-21-85 PLANNING BOARD MINUTES SEE 6-11-85 and 9-10-85 AGENDA PACKETS FOR ADDITIONAL MATERIAL Telephone Numbers Hillsborough — 732 8181 t4i Durham -- 688-7331 n�; Mebane — 227-2031 il Chapel Hill — 968 4501 I PURPOSE: To consider the Planned Development/Rezoning/Special Use Permit application for Chandler's Green for recommendation to the Board of Commissioners. This item was presented at public hearing on July 11 and September 10, 1985. To receive the Planning Board's recommendation an the request . NEED: The applicant, Atlenton 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 (SR 1732) , I-40 and Weaver Dairy Road (SR 1733) . The purpose of the request is to allow development of a planned single—family residential community composed of 82 lots. The 19.2 acres located in the Town of Chapel Hilt 's Jurisdiction is zoned R-2 and the applicant is presently pursuing subdivision approval for this parcel for an additional 28 lots. ‘,....,„ 062 PD—2—85 CHANDLER 'S GREEN ,7- ,,-- November 4, 1985 PAGE 2 The property is known as Lot 17 of Tax Map 17 and Lots 7 and 11 on Tax Map 25 in Chapel Hilt Township. The properties Located within an area designated Ten Year Transition on.the Orange County Land Use Plan . That designation allows the consideration of application for rezonings to any of the residential zoning districts (R-1 through R-13) . The present zoning classification of the property is -1. Residential-1 . The requested designation is PD H—R—2, Residential-2. Certain development standards must be met and a Special Use Permit must be obtained by the development to proceed. The request was submitted to a joint public hearing with the ii Town of Chapel Hill on July 11 , 1995. Concerns expressed at that time regarding open space and buffer requirements, particularly the 100' perimeter open space/yard setback ‘7t, requirement for PD—H districts; impact of power Lines and drainage easements on residential units and recreational facilities ; and the collector road system serving the area, among other items, prompted the Board of Commissioners to continue the public hearing to September 10, 1985 to allow staff the opportunity to address these matters. The Town Council adopted a resolution of approval with conditions October 14, 1985. The resolution and forwarding memorandum from Chapel Hill staff are attached for Board review. 1 7 1 ;!„ 1 ‘,, IMPACT: Approval of the request would allow development of the ' property for single family residences on lots containing a minimum of 20,000 square feet . .j RECOMMENDATION: The Planning Board recommends approval with conditions (See attached memorandum and findings) , , , 1 -------- AS. 44 ,ta i1 4,44: ■-• 063 tv 1 _ - ,-, RECOMMENDATION .-., 4 Article 8.2.2 of the Orange County Zoning Ordinance states that .3.4 where a preponderance of evidence indicates compliance with the general standards, specific rules governing the specific use, and ,.. that the use complies with all required regulations and standards, the application must be approved unless it is found, in some ',.,. specific manner, that: 1 . The use will not promote the public heaLth, safety and general welfare if Located where proposed and developed end operated according to the plan as .-.': submitted ; 2. The use will not maintain or enhance the value of contigous property; cv il 3. The use is not in compliance with the general plans A tl' for the physical development of the county as embodied in these regulations or in the Comprehensive Plan , or portion thereof, adopted by .,n the Orange County Board of Commissioners. The burden of proving one or more of the above findings is on those opposing the application . The proof must also be in the form of competent material and substantial evidence. , The Planning Board has reviewed the application , the site plan and all supporting documentation and has found that the applicant does comply with the general standards, specific rules, and required regulations with the exception of the provision of sight distances at points of access; and the provision of the 100' open space perimeter requirement requested by the applicant to be waived; and the satisfaction of the maximum floor area ratio requirement . The Planning Board recommends approval of the request , with the attachment of conditions to the approval as follows: RECOMMENDED CONDITIONS OF APPROVAL 1 . The grantee of this Special Use Permit shalt 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 shalt 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 improvements in this project may follow phasing in the project . Specifically, as improvements are completed in each .:, .:,-- .:i 064 -,, 2 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. 2. Security shall be provided for the grading, paving and -i; stabilization of all cleared areas, streets and other vehicular travelways; sidewalks and other pedestrian walkways; t,r erection of street signs; utility installation and hookups; recreational facilities; and Landscaping . 3. ALL necessary easements to permit utility (electricity, water and sewer, telephone and cable television by any cable television provider franchised by Orange County and/or '1. Chapel Hill to serve this development) installation , servicing and hookups to the development and to each unit within the development shall be provided at no cost to the utility provider. Final utility plans shall be approved by the Town Manager, County Manager and/or appliciable utility company prior to the issuance of a Special Use Permit . ALL Lines shall be underground . 4. Roads, perking areas, walkways, street signs, utilities, recreation facilities and sites and landscaping shall be maintained as constructed. All such improvements and facilities shall further be maintained and operated in a safe manner. 5. The grantee shall promulgate Articles of Incorporation governing tenancy in the development and shall record a copy of the Articles of Incorporation and regulations promulgated under this condition in the Orange County Registry of Deeds. S. Dedicate a SO—foot right—of—way and construct Sweeten Creek Road to Town standards for a Class A Local. street (33—foot cross section with curb and gutter and a sidewalk) . Plans for this street shall be approved by the Town Manager and/or County Manager prior to the issuance of the Special Use Permit. 7. Provide temporary turn—arounds to Town standards at all stub— out streets, and provide a sign at the end of the streets stating "This street is subject to future extension". S. Widen the proposed stub—out street that extends westward from the northern part of Sweeten Creek Road to Town standards for Class A Local street (SO—foot right—of—way, 33 foot cross section with curb and gutter and a sidewalk) and provide a stub—out street aligned with it from Sweeten Creek Road to the eastern property line at the Carroll property to the east of 1 Elt, FSq.' sr 065 . 3 rs this subdivision . Plans for this street shall be approved roved by the Town Manager and/or County Manager prior to the approval g of the Final Plat . 9. That Weaver Dairy Road be improved to 1/2 of a 65' cross section with curb and gutter and sidewalk, with dedication of 1/2 of a 90' right—of—way along the site's frontage, to include a Left turn lane on Weever Dairy Road . xkr, aY, 10. That Sunrise Road be improved to 1/2 of a 41 ' cross—section , with curb, gutter and sidewalk, with dedication of 1/2 of a 70' right—of—way,9 y, along the site's frontage. 11 . That final plans for a l l proposed streets be approved by the Town Manager and/or County Manager before issuance of a Y Special Use Permit and that final plans for Weaver Dairy Road and Sunrise Drive improvements be approved by the Town Manager and/or County Manager and NCDOT before issuance of Special Use Permit . 12. 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 . 13 . All roads will be named and the names not duplicate any other names within Orange County and/or Chapel HILL . Road name signs constructed to Orange County and/or Chapel Hill standards shall be erected at all intersections. Street names shall be approved by the Town Manager and/or County Manager prior to the issuance of the Special Use Permit . 14. That a 10—foot non—access easement be provided from Sunrise Road 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—way. 15 . That water and sewer Lines shall be installed and easements provided to the standards of Orange Water and Sewer Authority. ALL easements shall include easements to adjoining properties. Be it further provided 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. 16. The recreation areas shall be constructed as provided in the application and submitted site plan except as follows: . 066 4 nom: The pedestrian paths serving the recreation area shall be extended in a continuous manner, shall be constructed to a minimum width of 72" and be composed of surface materials as recommended by the Orange County Recreation Department . The parking facilities serving the recreation area shall be relocated so as to be Located outside of the drainage easement and screened from the Sweeten Creek Road. The parking facilities shall be expanded to provide ten (10) spaces . The recreation area shall be screened from the adjacent properties by a suitable hedge screen and vegetation . Plans shall be approved by the Town Manager and County Manager prior to approval of the Final Plat . A total of 3.21 acres of contiguous open space shall be provided. At the applicant 's option, a payment in Lieu of open space reservation for the acreage exceeding Orange County's standards may be made to the Town of Chapel Hill for the difference between open space required and provided. (According to procedures specified in Section 7.9 .5 of the Chapel Hill Development Ordinance.) 17 . That all signs be erected in compliance with Article 9 Signs following issuance of a building permit and prior to the issuance of a Certificate of Occupancy for any unit. No sign may be erected within the sight triangles for the entranceway to the development. 18 . Grading on the site shall be kept to a minimum. In lieu of planted Landscaping, existing vegetation shall be maintained between units. 19. ALL plans for storm drainage, soil erosion and sedimentation control, be approved by the Erosion Control Officer prior to the issuance of a Special Use Permit . In addition , Orange County shalt inspect the installation of control devices and °. the on going work for the total project. The project shall at all times meet the requirements of the Orange County Soil Erosion and Sedimentation Control Ordinance. 20. That a stormwater management plan with hydrologic calculations be approved by the Town and/or County Manager prior to issuance of a Special Use Permit . 21 . That c'rEincge easements be provided through Lots 13,14,and 18, as shown on the submitted site plan . 22. That the final plat show boundaries of the Resource Conservation District, and that all Lots on the final plat contain (1 ] a buildable area outside the Resource Conservation 5 District, and (2) access from the buildable area to a street without crossing the Resource Conservation District. 23. That all applicable requirements of the Orange Zoning Ordinanc be satisfied including the designation of sight distances at 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' buffer shall be provided along the frontage of Sunrise Road and a 50' buffer shall be provided along the frontage of Weaver Dairy Road. Theses 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 grading 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 improvements shall be recorded by the developer. 27. The final site plan and narrative of the project, incorporating BEL 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 shell be built and operated according to the site plan and written narrative supplied by the developer and in compliance with the above conditions. • I4 • lag 4 0 0 8 a •kf ' - �• o zsitaz ' L't . I + :... .T 1..... .ice '�•� ••..* n ac /,,3•.• c• . 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I - t -1k.. 1 I . 1. 1 ► .•CHANDLER' S GREEN 'f` - . . s r ; /� E Applicant: Allenton Realty „, �, ,n ; !� � z Zoning: R-1 - I ,� tr Requested,Zoning : PD-H -R-2 For _,_,u- ...... /-;: - ..•; t ...I, 80.24 acres ' jl /, wr+!o`z LUP Designation : 10 yr Transition „A,:Ia I ; "` '"'', �� Scale: 1 100' '- - ` �, _r`-� Tray ! ` -t r..+ 1-:s-.e 1..1)^}. -• - t SU ( . E:.- �` r .// 1I �- : kites.. II':IT.SEC •,t /f 1 I. !/° (GOO�E4 CI.E�t o`!1 LyG a•y}.li flwrrtACKt ,4• ORANGE COUNTY PLANNING DEPARTMENT TrtT.TABOROUGEI NORTII CAROLINA. 27278 069 4111* datS MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD PROM: ORANGE COUNTY PLANNING DEPARTMENT DATE: MAY 15, 1985 SUBJECT: PD-2-85 CHANDLER'S GREEN gERPRAL INEDRMATIQN APPLICANTS: Allenton Realty and Insurance Company 119 Orange Street Mall P.O. Box 731 Durham, N.C. 27702 LOCATION: Contiguous to the northeast corporate boundaries of the Town of Chapel Hill between Sunrise Road (SR 1732) , 1-40 and Weaver Dairy Road (SR 1733) . REQUESTED ACTION: Approval of Planned Development-Housing- Residential-2 rezoning and Special Use Permit PURPOSE: To allow a planned single-family housing development on 108 lots containing a minimum of 20,000 square feet. LOT SIZE: 99.44 acres of which 80.24 acres is in Orange County's jurisdiction and 19.2 acres in Chapel Hill's jurisdiction EXISTING LAND USE: Vacant, wooded tract =0===EIP if IT' 070 1 PD-2-85 CHANDLER'S GREEN --, PAGE 2 'I. May 15, 1985 SURROUNDING LAND USE: NORTH -;, Unnamed 60' dedicated public right-of- ,. way; a single family residence; the , Potted Plant Greenhouse; a future church site; and 1-40. EAST - 1-40; undeveloped land , SOUTH - Undeveloped, recently timbered land held : in trust 1 i' WEST - Carol Woods retirement community and Sunrise Road LAND USE PLAN: Designated Ten Year Transition Area in the Land Use Plan. ZONING: The property is zoned Residential-1. The Ten Year Transition Area plan category allows a range of residential zoning districts from R-1 to R-13. FINDINGS OF THE ORANGE -COU3ITY PLANNING BOARD PERTAIN 1 N'G TO APPLICATION PD-2-85 CHANDLER"S GREEN Planned developments must comply with general and specific standards as set forth in Article £ for Special Uses as well as set fora: in Article 7 for Planned Developments. Article 8.2.1 b)' requires written findings certifying compliance with the following: (t) Specific regulations governing Individual Special Uses as set forth in Article 8.8 These regulations are divided Into two (2) sections which Include: (a) Application components; and (b) Specific standards for Planned Developments (Article 8,8.23 refers to Article 7 standards) and Special Uses (Article 8.2.4) . (2) Other requirements as set forth In the Zoning Ordinance, including' the provisions of Article 5 (Dimensional Requirements) and Article 6 (Application of Dimensional Requirements). Listed below are the findings of the Orange County Planning Board regarding the application In question. The findings have been presented by Article and requirement to assist the Board of County Commissioners In their deliberations. ARTICLES 8.6 AND 8.8 - APPLICATION COMPONENTS ("YES" indicates compliance-, "NO" Indicates noncom fiance) BOARD OF PLANNING BOARD COUNTY•COMMISSIONE Ordinance Requirements RECOMMENDED- FINDINGS Evidence Submitted to S pport'Findirigs FINDINGS 8.6 - Application submitted on wy Yes —No Application, narrative and legal description Yes No forms providing full and accurate provided. Submittal Indiudes preliminary plan; description of proposed use, sign and buffer plan; streets, draiinage and erosion including location, appearance control plan; !and utility plan. and operational characteristics 8.8 a) - TwcnCy six copies of the X Yes No 25 copies of the site plan were provided. Site Yes No . site plan preparea by a registered .play: wqs prepared by Philip Post Associates, P.E. N.C, land surveyor or engineer containing: I. North point, scale and date x Yes T No Shown on tile site plan. Yes No 2. Extent of area to be developed X Yes No Shown on the site plan. Yes ' No 3. Location and width of all ease- ments and rights-of-way within or adjacent to the site X Yes No Shown on the site plan. Yes~ No ARTICLES 8.6 AND 8.8 - APPLICATION COMPONENTS (Continued) BOARD OFD PLANNING BOARD COUNTY COMMISSIONE Ordinance Requirements RECOMMENDED FINDINGS Evidence Submitted to Support Findings FINDINGS 4. Location* of all existing or pro- X Yes No Develp me t is posed structures on the site housing,; pTypical -lotelayoutsdetailsaarey Yes No provided. Structures proposed for ' the recreation area are indicated, 5. Location of all areas on the site X Yes No There are no flood prone areas on the site Yes No subject to flood hazard or Inunda- according to !tbe Flood Insurance Rate Map tion as shown on flood maps or (FEMA-FIA) and solIs maps. soil maps 6. Location of all water courses X Yes No All water courses and direction of flow are' Yes No on the site, Including the indicated on the site plan. direction of Flow 7. Existing topography at a contour X Yes No Topography at five foot conit<ours is shown interval of five (5) feet based `—'- on the site plan, Yes No on mean sea level datum 8. Proposed or existing fencing, Yes No Parking area for recreation facilities Is Yes, No screening, gates, parking, indicated. No other fencing,service and storage areas g, gates, screenl;ng service and/or storage areas are proposed. 9. Access .to-.sIte Includi-pg.. sight Yes 2No Access to site from heaver Dairy and Sunrise Yes No distances on all roads used for Roads Is shown. Uislbi # � ty triangles are access . provided. Sight distances are not indicated on maxi 0. Elevations of all structures Cite site plan. (SEE CONDITIOii #23) Yes No Development suMary specified' mum Yes No proposed to be used in the development, building height: of 251 . Individual building details not availAble for single-family development, 1 . Names and addresses of owners X Yes No Provided In application. Yes No and applicants '. A fee, as set by the Board of X Ye* No t " ' Yes $ ��O,OO application fee paid, No County Commissioners ARTICLE 8.2.4 SPECIFIC STANDARDS/ALL SPECIAL USES ("Yes" Indicates com fiance• "No" Indicates noncompliance) BOARD OF COUNT) PLANNING BOARD - 40MM I SS I ONCZRS Ordinance Requirements _ RECOMMENDED FINDINGS Evidence Submitted to Support- Findings FINDINGS Article 8.2.4 requires the applicant to address the following; a) Method and adequacy of provision X Yes No Applicant indicates that the development Yes tit for sewage disposal facilities, is to be served by extension aF public solid waste and water service. wtilities to the site as provided in the narrative and on the utilities plan. OWASA's preliminary approval of submitted plans has been given with the condition -that gravity service connections be utiilzeti . . . wherever possible. - Solid waste collectlon'wlli be by private contractor. b) Method and adequacy of police, X Yes No Applicant Indicates that fire protection wl�tl-._Yes No Fire and rescue squad protec- be provided by the New Hope Volunteer Fire Lion Company; rescue service by the South orange Rescue Squad; and police protection by the Orange County Sheriff's Department (See attached correspondence) . c) Method and adequacy of vehicle X Yes No co Applicant provides a traffic impact report Yes NO access to the site and traffic prepared conditions around the site by Phil Post Associates, P.E. Applicant proposes Improvements to both Weaver Dairy Road and Sunrise Road. HCDOT approval of the entranceways and proposed road improvements has been obtained. Applicant proposes that the site be served by public roads. Applicant's narrative Indicates the roads will be constructed to Town Standards; however, the site plan indicates construction to NC DOT standards. Applicant Is willing to construct roads to elther standard at Board! -direction. ARTICLE 8.8.23 - SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS Article 8.8.23 indicates that the application shall comply with the applicable sections of Article 7 - Planned DevelopmE ARTICLE 7 - SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS ("Yes" indicates cam llance• "No". Indicates no !ia BOARD OF � PLANNING BOARD --1- COUNTY Comm ISSIONEks Ordinance Requirements • --- 32F "M ND D r-ttir)ImSS`--, Evidence Submitted To Support Findings FINDINGS Article 7.4 indicates the applica- tion must first comply with all requirements specified in Article 20 - Amendments. Those requirements Include; 20.3.2 a) Map showing affected X Yes No Site plan provided at a scale of I0'=10O' . Yes No property at scale of not less than i" = 100' nor more than 1" = 20', 20.3.2 b} Legal description of X Yes No Legal description provided in narratime. Yes No property _, 20.3.2 cj Explanation of alleged Yes No No error alleged. Yes error, if any, to be corrected No by proposed amendment .20.3,2 dy Changed conditions, If Yes No Changed conditions not alleged, Yes No any, which make amendment reasona- ably necessary to promote public health, safety and general welfare 20.3.2 e) Manner In which proposed X Yes No Property is located in an area designated amendment will carry out purpose Yes No Ten Year Transition which allows single- and Intent of adopted Comprehensive l family development at the proposed density Plan following rezoning and, for ,planned development, Issuance of a Special Use Permit. ARTICLE 7 - SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (Contlnued PLANNING BOARD SAADn or rn111,�Tv Ordinance Requirements __--RECOMMENDED, FI-NDINGS Evidence Submitted to Su port findings COMMISSIONERS FINDINGS Article 4.2 Identifies the ' criteria which will normally be used to determine the appli- cation of a zoning district . designation. The applicant has applied for a Planned Development-Hous1jig Residential-2 designation, The criteria for that district are set forth in Article 4.2. 3 and are as follows: ' a)Designated by the adapted Land Use X Yes No The property is located J}n an area Yes No Plan as a Transition Area, which designated 10 Year Transition and is can reasonably be expected to be contiguous to the corporate limits of the annexed by a municipality In the Town of Chapel Hill. ensuing 10-20 years. b)Water and sewer lines should exist at the site or be assured of - --{-Yes N° Water and sewer lines are to be Installed by Yes No installation as aprt of the development the applicant In compliance with OWASA standards process. and final plan approvals. c}Vehicular access must consist of lt�yes No Access to the site is provided via Weaver Yes No direct- access to a street classified"'` Dairy Road (SR 1733) designated In the Land as either an arterial or collector Use Alan as an arterial. road and via Sunrise by' the adopted Land Use Plan. Road (SR 1732). CD I CA ARTICLE 7 - SPECIFI-C STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (.Continued) , ------ BOARD OF PLANNING BOARD rniIMTV "M!u1SSt Ordinance Requirements .......RFrnMMFidnEFINDINGS Evidence Submitted To Support Findings FINDINGS Article 7.11 then Indicates the application must comply with G certain specific requirements .� common to all Planned Develop—.lT► ments. These Include; 7.4.1 so located with respect to —LYe$ No Direct access Is provided via proposed Yes No major streets and mass transit Sweeten Creek Road to Weaver Dairy Road, facilities and designed so as not an arterial , and Sunrise Road. No minor to create traffic on minor streets residential streets will be affected by this in residential districts project as designed. 7.11.2 so located with respect to Yes No Applicant proposes to extend public water Yes No water, sewer, and storm drainage and sewer facilities to the site and Install facilities that enlargement or stormwater management facilities on-site' to extension will not result in serve the development. Cost of Installation Is higher net public cost or earlier Incursion of public cost to be borne by the applicant. and So located with respect to _LYes .—No Letters reg4rding adequate service provision Yes Na police,fire and rescue services, have been received from police, fire and rescue and schools and parks so as to services. The service level necessitated by this have access in the same manner development Is compatible with other developments as permitted under the existing in the vicinity. zoning 7.11.3 Site suitable for develop- X Yes No Soil surveys/ topographic/fladd maps indicate Yes No' ment without hazard from flooding, stream crossing site In southeasterly direction. slipping and sail subsidence or Applicant proposes drainage easements along stream pp `� ' and other drainage.ways. Site slope is gentle to moderate. ARTICLE 7 - SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (Continued) BOARD OF - NrIsN CRUNTY CnMM1gelnM FRS Ordinance Requirements PLANNING BOARD Finini.Ncs Evidence Submitted To Support Findings FINDINGS Article 7.14.3 sets forth "site planning" standards with which an applicant must comply. Standards regarding "external relationships" are as follows: Two access points are propsed via a public a)1 . Access points provided to X Yes No road, S�teGte Creek Road, to Weaver Dairy Road Yes No encourage smooth traffic and Sunrise ad. Applicant proposes flow with controlled turn improvemepts to both roads. Sight distances at points of ing movements and minimum access are acceptable to NCDOT. No minor streets are hazard to vehicular or affected by this proposed.deveiopment. pedestrian traffic. Use of minor streets by substan- tial traffic is discouraged. a)2. Safe and convenient routes X Yes No Applicant has provided pedestrian ways Yes No provided for pedestrians. throughout site -to points of ingress to ' -- Crossings are site. Applicant also provides 30` greenway safely marked, located and pedestrian easement within the Duke Power controlled. easement. a)3. Visibility provided at Inter- X Yes No Visibility at intersections complies with Yes No sections (pedestrian and vehicular) Section 6.8. Signage details indicatedsign in accordance with Article 6.8. located at edge of 251x25' visibility trianglq. a)4. 100-foot open space provided Yes _.LNo Applicant has requested waiver of 100' open Yes No along per:Lmeter of PD-H district. space requirement as provided in the narrative. Recreational use and off-street Applicant proposes a 100' buffer along the I-h0 parking set back at least 75 feet right-of-way and vegetated buffers of 30' and 50' of district boundary. In accordance with Chapel Hill buffer requirements a)5. Yards, fences, walks or aJ]o��n����c� Sunrise ar�'d, Weaver Dairy Roads respectively. X Yes No {SF.N CONDITION x}23 vegetation provided to screen Applicant provides 1001 buffer along proposed es No off undesirable views, light- 1-401effectively screening the residential units, Ing, noise, etc. Parking/ Staff recommends that the recreation parking facility loading areas and refuse collec- be relocated and screened from Sweeten Creek Road. tion/storage areas screened. • tel: ARTICLE 7 - SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS (Continued) ____—___--__--__--• _ _ BOARD- OF PLANNING BOARD - COUNTY COMMISSIONERS Ordinance Requirements RFC0MMF.NDF.D.FINDINGS Evidence'Submitted To Support Findings FiIl4�1'!GS iii-- Article 7.14.3 standards continued: - a}6. Maximum buildin g X Yes No Maximum building height in R-2 district Yes No height complibs with is 25'. ' Development summary Indicates standards set forth dimensional standard. Individual units' In Article 6.12.3 and compliance to be determined upon issuance of ' Article 5. 1. 1 a building permit. a}7. Signs to be erected In Yes No A Yes No accordance with Article 9. pplicant indicates sign details and location which comply with the provislbns Standards regarding "Internal of Article 9 which specifies a maximum sign relationships" are as follows: area' of 16 square feet. b} 1 . Streets, drives and parking Yes No Applicant proposes a 33' public road, Yes No areas provide safe and con- Sweeten Creek Road, as the primary road venient access for dwellings serving the development. Two cul-de-sans and emergency vehicles, and two stub-outs are also proposed. As and do not create small designed, the proposed public streets rovide block sizes. safe and convenient access to dwelling units. b}2. Vehicular access controlled as follows: a} Streets serving 50 or Yes No 1j1e •proposed cul-de-sacs and stub outs Yes ' No less dwellings provide provide access to lots served by private direct access to parking/ drives as proposed In the typical lot detail ' service area s s. �• • .•.. .. .. ' Streets serving greater " a X Yes No Sweeten Creek Road provides access to ..._.Yes No than 50 dwellings provide lots served by private drives as proposed access to parking areas so jn the typical lot details. Staff recommends located, designed and that the parking area serving the recreation controlled as to channel area and accessed by this road be' redesigned traffic without Interruption. to minimize traffic Interruption on Sweeten' }3. Walkways form safe, con- X Yes No Creek Road. Yes r No venient system of access to Pedestrian ,walkways are Rrovided'which dwellings, facilities and satisfy this requirment. off-site designations. Maximum walking distance between dwellings and parking; delivery and refuse collection ; areas does not exceed 100 feet. ARTICLE 7 - SPECIFIC STANDARDS FOR EVALUATIONIPLANNEp DEVELOPMENTS (Continued) PLANNING BOARD n BOARD OF COUNTY Ordinance Requirements __-_ULOMMENOED FINDINGS Evidence Submltted'Ta Supporrt Fines din CnMMISSInNERS FINDM GS Article 7.14.1 standards continued: Walkways used as play X Yes No Public' streets are proposed and Yes Na areas or school routes a continuous net of pedestrian by children are so located p and designed to minimble walkways provided. School bus routes contact with vehicular could be established through the development. traffic. Crossings appropriately marked and safeguarded. b)4. Protection of visibility- See a)3. and b)3, above. b)S. Open space and spacing . ' between buildings - See Article 6 standards. t ' ARTICLE 5 - DIMENSIONAL REQUIREMENTS ("Yes" Indicates com fiance; "No" indicates noncompliance) PLANNING BOARD BOARD OF COUNTY Ordinance Requirement= ..RFr:nmmFNnFn .FI Nn I Nr.S Ev I dence Submitted ;To Support Findings COMM 1 SS I ONEltS FI NO I PIGS Article 5 lists standards for minimum lot size, lot O width, front, side and rear 00 setbacks, maximum building 4 height and lot coverage, and -development intensity. The applicant has applied for a PD-I1-R=2 designation. The stances ds for that district are set forth in"Article 5.1 . 1 and are as follows: a) Minimum lot area per X Yes No Applicant provides a minimum lot area of Yes No dwelling unit - 20,000 20POOO square feet per lot. sq.ft. b) Minimum lot width - Yes No Dimensibnal requirements are not applicable "Yes No NA sq. ft. to a planned development. Requirements will C) Required front setback - Yes No be applied to the subdivision required""allow yes No ' NA ft. Individual' lot sales. �� d) Required side and rear Yes No Yes No setbacks - _Na ft. ti e) Maximum building height - , Yes. No Applicant indicates minlmctm building height 25 ft. Yes No In development summary. Suilding' height requirements would be satisfied at the time of issuance of the building permit for the Compliance with lot coverage and development Intensity structur- es) proposed on an individual lot, standards is addressed In. VtIcle 6. ARTICLE 6 - APPLICATION OF DIMENSIONAL REQUIREMENTS ("Yes"' indicates com fiance• "No" Indicates noncompliance) PLANNING BOARD n.. BOARD OF COUNTY Ordinance Requirements RFrnMMF.Nl1ED FJNDiNGS ' Evi-dence Submitted Support Flndl'ngs CIµMMISSIONERS FINDINGS -. Article 6 lists specific standards which apply to various types of development applications. . Article 6.12 contains those- development intensity standards which apply to group developments controlled by the Land Use Intensity (LUi) system. and references Article 5. 1. 1 Table of Dimen- sional Requirements. a) Minimum gross land X Yes No Applicant's site contains 80.2 acres. Yes No area - 115,000 sq. ft. Minimum gross land area provided Is approximately 80.699 acres or 3►5.15,2118.1+ b) Maximum gross land Yes No square feet. Yes No area - NA sq. ft. Not applicable to this zoning district. c) Maximum floor area ratio - Yes X No Applicant proposes a maximum floor area of Yes Na •076 2,661 square feet per lot or 287,358 square Maximum floor area feet for the planned development permitted - typical lot -layout) . This S:xceeds the maximum 267, 158.87 sq.' ft, permitted by 20,229.13 square feet or 3%. (SEE.CONDITzION' #23) d) Required minimum open ' Yes No Applicant indicates provision on 65.777 acres--Yes No space ratio ,82 or 2 8 G5,2�b. 1 square feet of open space; however Required minimum o en applicant provides 3,205,624 square feet or 73•� space - 2,892,50��i, ft. acres of open space based on the uncovered open space �- proposed, exceeding the open space requirement by . C e) Required minimum pedestrian Yes No pp landscape ratio - 11A Not applicable to this zoning district. Required minimum pedestrian landscape area - square, feet; ARTICLE 6 - APPLICATION OF DIMENSIONAL REQUIREMENTS (Continued) --—-- - PLANNING BOARD ___._BOARQ.OF COUNTY Ordinance Requirements. _ RECOMMENDED FINDINGS COMMISSIONERS FINDINGS q - - Evidence Submitted To Support Findings Article 6.12 standards (continued), O 00 f) Required minimum live Yes No Applicant proposes 2,515,851.3 square feet Yes No ability space ratio - satisfying the liveability space requirement. .70 Required minimum liveability space - ,2460.6Z3.8 sq. .ft. q) Required minimum recreation X Yes No Applicant proposes 80,586 square feet satls Yes No space ratio - ,022 fying the minimum recreation space requirement, Required minimum recreation Recreation faciiltie$ are proposed, Staff space - 77,335.h64 sq, ft. recommends design revisions to the facilltles proposed. 11) Required minimum open Yes No Not applicable In case of detached, single- Yes No space adjacent to family uses. building walls Primary walls ft. Secondary walls ft. Tertiary wails ft, ARTICLE 6 - APPLICATION OF DIMENSIONAL REQUIREMENTS (Continued) BOARD PF - -PLANNING BOARD nOUNTY 60MMISSION EF Ordinance Requirements _ RECOMMENDED FINDINGS Evid'enee SubmittedLTo Support Findincts FIND IV.S Article 6.25 contains those standards applicable in the MTC-Major Transportation Corridor district. These standards include the following: a} Minimum of 25% of total _.X Yes No ' Proposed s,lte contains; 3, 19.4,252.5 -sgpare feet. Yes N lot area shall remain 25%- of the slte •1$ $7 uncovered. 3,56 .12 square feet. Applicant - proposes that 231,822. sga6re feet or '..067% of the maximum permittacl $hall lie covered with structures b} 900-foot buffer Yes No (resi dent ia)/recreatlona-0 aQd parking (lsp./d.u. and Yes N .K.- 2 spaces/basketball court). required adjacent to edge of Interstate Applicant provides 1001 buffer to be -retained in its highway right-of-way. natural state alonq •tha property frontage with the Kept in natural state 1-40 right-pf-way. This buffer corresponds. wlth the or landscaped in 100' open space requ Fremen t 'fop a r I planned deveiopment- aecordance with approved hqusing districts and with buffer requlrements provilodd landscape plan. In the Subdivision Regulations. :} Front, rear, and Yes " No Yea Ni side yard setbacks ? ' "�` These requirements are not applicable to single- required as' follows: family developments. ' 100' setback-from the, interstate right-of-way corresponds -with 1001open space' requirement 1. 940 feet adjacent for PD-K districts.: to Interstate right- of-way. ; 2. 50 feet adjacent . to *other property lines, : ' BOARD OF PLANNING BOARD +COUNTY COMMISSIONER Ordinance Requirements --RE.C_OMMENUED F1,NOINGS Evidence Submitted To Supt Findings FINDINGS Article 6.24 standards (continued) O 00 d) Off-street parking and loading shall conform with the requirements of Article 10. The off- X Yes No Applicant proposes salp add development of Yes No street parking standard the lots for single-family housing with Individual for the proposed use is off-street parking as provided In typical lot layout as follows: details. Two parking spaces are proposed i'to serve the recreation area. Staff recommends that the parking I space/dweili.ng unit facilities be redesigned so as to be relocated outside of the drainage easement and screened from the street. 2 spaces/basketball court Application of the standard results in a reg�i cement of 88 spaces. The off-street loading --Yes NO Yes No standard is: Not applicable to this zoning district. Application of-the standard results In a requirement of spaces. e) Signage shalt conform Yes No Applicant's signage details conform with the Yes No with the req u1 remen is o f requirements of Article 9. ' Applicant proposes Article 9. a sixteen square foot sl9q, the maximum permitted. ARTICLE 6 - 'APPLICATION OF DIMENSIONAL REQUIREMENTS (Continued) PLANNING BOARD _^ BOARD OF Ordinance Requirements RECOMMENDED FINDINGS COUNTY COMMiSSIONEI _ _.._. Evidence Submitted To Support Flndinogss FINDINGS Article 6.24 Standards (Continued) e) 3. No more than 10 Yes No Not app l i cable. Yes No parking spaces allowed in a con- tinuous row without division by land- scaped median strip. Every fourth row of Yes No Not applicable. Yes NO parking separated by _ 8-foot median with at least one tree for each 60-feet of median length. 4. Type screen is Yes No Not applicable. No screening requirement •i,s Yos No required. Standards establishes! for this zoning district in relAtion for that type include to the zonirig.-dlstricts applicable to adjacent the following: properties. 00 BOARD OF PLANNING BOARD __... MUNTY COMM I SS 1 ONE RS ... Ordinance Requirements __RE_CnMMFND.F,D_ .FINDINGS ...--Evidence Submitted To Support Findings FINDf{�IG� Article 6.24 standards Continued) f) The development shall conform 00� with the requirements of Article 12 - Landscaping and Screening. These standards are as follows: I. Streit frontage land- Yes No Not applicable to single-famlly, detached ._ Yes No scaping must include developments at- R-2 denslti.es.a 10-foot landscaped Applicant bas proposed area planted with one 30 and 50 vegetated-buffers along Sunrise Road and ! Weaver Dairy Road frontages respectively. Buffers will tree per feet, a be provided in accordance with Chapel bill Design Manual. hedge o r other her durable landscape material at Applicant proposes 100' buffer for the property fronting least 3 feet in height, and on ,1 -40. .This buffer Is to retained be retaid in its natural state. and grass or ground cove r. 2. Peripheral landscaping Yes 140 Yes No must include a 10-foot „ t, landscaping area planted with one tree per 60 feet, a hedge or other durable landscape material at least 3 feet in height, and grass'of-ground cover. 3. 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'• f •.1 �` 'fi��f f/•� � °'A(��, +i �Er — a�'i-�-��"�. �� '. -'f�%i f' ' �✓ '•''_/ � 'f i�+�%f. f,r / i JS '� V-y 'tiy ;�...�~1 1 V 1 °•� \'�4 r '��a jJ i 'rr\i,¢' . / �•!..�''-' %�J/�lj�i4�!-.�',, :,,.y. °r � ti.\ e. 1' ►`�!•• •' � .i 1' i. l ./ '� •••i i f. �i , � '� ti •. a �,. .! �• `�/ Tia ••� L• _T�� .....�•.'`.`�\ `�`•1� '� 101 � , . .�� `° `` • .. �� .- � . • . ;::� � _ .a :t�� � '�+ mod• • '0'�`, _ -.'. .,� � p (nyt' HUP POST r v•r'' _t1.\ : ~ `�+�" wn -��_� ` ASSOCIATES pm.,,I.vWt,wriwn • •• ,rorrsrasw.owuwu,,gmrJnaw.anw - f . • rufUS g.couE#@t' a.S.Ra. ; �(4'' PRELIMINARY PLAN I GHANDLE '3 GREEN( ••�-•—•..', 1 ALLENT�N REALM A INS,.:=I a M sE r AHOSCAPE ARCtfIT$CT '.p+ iyawn0y a T.uN urT r+a ..ua nti a a ,i tires.mu, r.y a a DUANAW NORM CAROLINA t 089 Agenda #2 INDEX TO MINUTES CHAPEL WILL TOWN COUNCIL OCTOBER 14, 1985 SUBJECT PAGE Chandler's Green Consent Agenda 19 Audit of Church Street Parking Lot Bond Fund 20 Carter Limousine Franchise 20 Temporary Closing of Tinkerbell Road 19 Downtown Bus Stop and Loading Zones 14 Entranceways Task Force Report 9 Interstate-40 Overlay District 5 Legal Assistance to Town Employees 17 Minutes of September 16, 23, 24, 30, 1985 2 Petitions Regulation of Cable Television Rates 15 Resolution of Appreciation for W. B. Buchanan 13 Resolution Supporting Council Member Howes for 1st Vice President of NCLM Rosemary Square Site Plan 16 Rusten Report on Police/Fire Management Study 10 Sign Regulations 2 Status Report on Drainage Problems in Colony Woods 12 Wilco Service Station 9 090 • 6 Chandler's Green Mayor Nassif questioned whether or' not the Council would be approving the preliminary plans for Chandler's Green based on • Orange County or Chapel Hill 's development ordinances. Mr. Mel Rashkis, speaking for the applicant, asked that the Council approve the plans based on Chapel Hill 's Ordinances. He said that he planned to petition Orange County to waive some of their requirements, specifically the 100' buffer, in lieu of the fact that he had petitioned Chapel Hill for annexation of the area. Manager Taylor said the the Council recommended approval/denial based on the Town's Ordinances, and as such the 100' buffer would not be a requirement.' • • Council Member Pasquini suggested delaying this item until the • question of what stipulations, Orange County's or the Town's, would be used when approving or denying the project. COUNCIL MEMBER KAWALEC MOVED, SECONDED BY COUNCIL MEMBER PRESTON • TO ADOPT RESOLUTION 85-R-178b. Council Member Preston stated that since the memorandum said the project was outside of the Resource Conservation District there was no need for stipulation #17 in the resolution. Manager • Taylor agreed. Mayor Nassif expressed concern over the apparent lack of concern on the part of the staff regarding the effect of new subdivisions located outside of the Town's zoning jurisdiction have on the road system in Chapel Hill. He hoped that the Town would study this problem and present a plan as to how to aleviate any potential problems as well as a method of incorporating these roads into the Town system. Council Member Pasquini asked for clarification, of the buffer' requirement along Weaver Dairy Road and Sunrise 0rive. Manager Taylor replied that the buffer requirement along Weaver Dairy Road was for a Type D buffer. He said Sunrise Drive was not in the Town's planning jurisdiction but if it were a Type C buffer would be required. Council. Member Pasquini asked that a stipulation be added to the resolution to the effect that a Type C buffer be required along Sunrise Drive COUNCIL MEMBER PASQUINI MOVED, SECONDED BY COUNCIL MEMBER SMITH TO AMEND THE MOTION TO INCLUDE IN STIPULATION #7 THAT A TYPE C BUFFER BE REQUIRED ALONG SUNRISE DRIVE. THE MOTION PASSED, (7-1) WITH COUNCIL MEMBER HOWES VOTING AGAINST. THE MOTION, AS AMENDED, PASSED UNANIMOUSLY, (8-0). 09 7 The resolution, as adopted, reads as follows: A RESOLUTION APPROVING A PRELIMINARY SUBDIVISION PLAT FOR CHAND- LER'S GREEN SUBDIVISION (SD-25-0-11) (85-R-178b) BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the Preliminary Plat dated March 26 and 31, 1985 on s for Chandler's Green Subdivision, located on , property identified as Chapel Hill Township Tax Map 17, Lot 17, and Tax Map 25, Lot 11, subject to the following: 1. That temporary turn-arounds 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 Manaoer 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 pro- perty to the west. ti cr 3. That• the recreation area be screened from adjacent J 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 adjoining proper- ties. 5. That a 10-foot non-access easement be provided along the rear of the lots adjoinina 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-way. 6. That Weaver Dairy Road be improved to z of a 65' cross-section with curb and cutter and sidewalk, with dedication of of a 90' 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 2 of a 41 ' cross-section, with curb, cutter and sidewalk, with dedication of z of a 70' right-of-way along the site's frontage, and that a buffer 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 approved by the Town Manager before issuance of a Zoning Compliance Permit and that final plans for Weaver Dairy Road and Sunrise Drive improvements be approved by the Town Manager and NCDOT before issuance of a Zoning Compliance Permit. ` r' n 8 092 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 _ Duke Power, Southern Bell, and V llage Cable obefore nissuan issuance 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 the Town Manager Permi by 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 dedicated 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 provisions 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. This the 14th day of October, 1985. I 09a MEMORANDUM TO: Orange County Board of Commissioners Chapel Hill Mayor and Council :FROM: Marvin Collins, Orange County Planning Director David R. Taylor, Town Manager SUBJECT: Chandler's Green (PD—2—85) (SD—25—11 ) DATE: September 6, 1985 On June 11 , 1985, the Orange County Board of Commissioners and the Chapel HILL Town Council held a Joint Public Hearing to review the application for the proposed Chandler's Green. Planned Development/Rezoning/Class A Special Use Permit and Subdivision . At that time a number of questions were raised regarding differing regulations in Orange County vs. Chapel Hill, particularly with regard to open space and buffer requirements . Additional information was requested regarding • a collector roads plan . Comments were made about inadequate parking availability at a proposed recreation area Other issues raised included: - Traffic impacts; I , Location of road stub—outs; Location of Weaver Dairy Road Expansion; Open space acreage and Location ; - Pump stations vs. gravity sewer; - Condition of a dam upstream from portions of this proposed subdivision ; - Impact of power Lines on residential units; and Compliance with Orange County floor area ratios. The applicant has not submitted a revised site plan . A collector roads plan for the vicinity of the proposal has been drafted that shows existing arterial and collector roads and suggests a network of additional arterials and collectors in the vicinity of the proposed subdivision . A set of recommended conditions of approval have been drafted jointly by the Orange County and Chapel Hill Planning Departments that address the concerns raised at the Public Hearing. Attached are the staff findings and recommendations ; reduced copy of the applicant 's plans; copies of the Chapel Hill and Orange County memoranda from June 11 ; and minutes from the June 11 meeting . The applicant and staffs will comment on these issues and present the collector road plan at the September 10 Public Hearing . Please refer to the June 11 , 1985 agenda packet for further information and full site plans . O94. • MEMORANDUM TO: Marvin Collins, Orange County Planning Director FROM: Roger Wa].don, Chapel Hill Planning Director SUBJECT: Chandler's Green Subdivision DATE: October 16, 1985 On October 14, the Chapel Hill Town Council voted to approve the Chandler's Green Preliminary Plat application. The approval carried with it a series of conditions. I am attaching a copy of the approval resolution presented to Council, with the conditions. Two changes were made on the floor at the council meeting before adoption: i) An addtional sentence was added to condition # 7. The new condition number 7 should read: "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 be provided along Sunrise Road that is at least equivalent to a Type C • buffer as described in the Chapel Hill Development Ordinance." The Town Council worded this resolution such that the subdivision will at least meet Chapel Hill's buffer requirements. The wording leaves the County the option of requiring its 100 foot buffer over and above this condition of approval, or requiring only the buffer necessary to meet Chapel Hill buffer standards. 095 ii) Condition # 17 was deleted. In the opinion of our Engineering Department, the stream crossing the site is not a perennial stream, and therefore does not trigger the provisions of our Resource Conservation District. Please note that conditions 8, 20, 21, 22, and 23 are new, added in response to issues raised at our two public hearings on the project. Also in response to questions at the Public Hearing about traffic counts at 1-40 interchanges, I attached for the Town Council estimates of traffic volume along the 1-40 corridor, taken from the NCDOT-prepared Environmental Impact Statement for 1-40. I have attached that here. It is my understanding that the Orange County Planning Board and Board of Commissioners are soon to take final action; and that if those Boards choose to approve the application, they will do so incorporating the Chapel Hill conditions of approval. There may be other conditions of approval that you recommend to your boards in addition to these. I want to tell you that, at the October 14 Council meeting, the applicant and owner of the property submitted a petition requesting 'annexation by the Town of Chapel Hill. If this annexation does indeed take place, it could become effective as early as December 31, 1985. I am also attaching a copy of our buffer requirements. 4•7. . RESOLUTION 8 I 096 Manager's Recommendation - • A RESOLUTION APPROVING A PRELIMINARY SUBDIVISION PLAT FOR CHAND- LER'S GREEN SUBDIVISION (5D-25-0-11) (85-R-178b) BE IT RESOLVED by the Council of the Town of Chapel Hill that the r, ; Council hereby approves the Preliminary Plat dated March 26 and 31, 1985 for Chandler's Green Subdivision, located on property identified as Chapel Hill Township Tax Map 17, Lot 17, and Tax Map 25, Lot 11, subject to the following! 1. That temporary turn-arounds 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 --4:. f.f the approval of the Final Plat. This street shall be aligned with the proposed stub-out shown on the site plan providing access to pro- - perty to the west. ! • • • ,..... - . . "•4' 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 adjoining proper.- • ties. ; • . • 4 . . 5. That a 10-foot non-access easement be provided along the rear of the . lots adjoinino the 60-foot public right-of-way at the tiorthwest - property line. This easement shall be labeled so as to prohibit __ • driveway or vehicular access onto the 60-foot right-of-way. - . ..... _ . . - t . 6. That Weaver Dairy Road be improved to4 of a 65'..cross-sedlion 'with , curb and clutter and sidewalk, with 'dedication. of 1... of a 90' right-of-way along the site's frontage, to include &left turn lane on Weaver Dairy Road. 7. That Sunrise Road be improved to 4 of a 41 ' cross-section, with curb, clutter and sidewalk, with dedication of I-. of a 70' ..., • right-of-way along the site's frontage. -- - -- 8. That Landing ,Drive be constructed as a cul-de-sac rattier Than stubbed-out to the property line. . . • 9. That final plans for all proposed streets be approved by the Town Manager before issuance of a Zoning Compliance Permit and that AI final plans for Weaver Dairy Road and Sunrise Drive improvements be ... - approved by the Town Manager and NCDOT before issuance of a r Zonino.Compliance Permit. ,.... - . 1 . -.c. .... . .. , . -. 2 Yom`% 097 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 around. 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 phasina the development be approved by the Town Manager prior to the approval ppraval 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 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. fiat he fin plat sho boun 1aries of/the Repburce ..Eonser tion) i/Distr'ct, an that all 1 s on tie final�lat co Lain a b blei are- outs' the itesou ce Co ervatio Distri , an (2) ac s from t buil ble area to a /�/ystreet ithout crossi �a the R source Cx ronserva ion District 18. 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. 19. That drainage easements be provided through Lots 13, 14 and 18, as shown on the preliminary plat. 20. That the proposed recreation area be moved outside of the existing Duke Power.easement. 21• That a pedestrian and non-motorized vehicle easement be dedicated • coterminous with the existing Duke Power easement. • 22. 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 provisions of the Chapel Hill Development Ordinance and regulations thereunder. O9.8 ,atr: 23. If any of the above conditions shall be held invalid or void, then this approval shall be void and of no effect. This the 14th day of October, 1985. =.= r fr` ll Estimated Average Dail Traffic Volumes � } 3��} 40 RECOMMENDED CORRIDOR us 7° 7Q 115 000 % 1980 AOT in Hundreds 24%%T.T. l2 163• i0 $Oo/o Q. 000 2000 'a � 40% sC. tThrough Trips m Parentheses) SR 1009 9 1--1 rU 43 20 2 60 76 E•W FREEWAY 29{°} {' SR 1723 10 11 10 4 1 23 Me 238 42 NS-FREEWAY } �4 17 10 300 toe 500' 86 136 NC 202 . 40 g 21 109 zu 456 25 US-15-501 j 11 10 2V kr D AT b �2 218 t 238' 9) (T 230 12� r4 230 6} r 272 (7 ! 8 7 1i7 286 31 T . 18 3 302 20 25 304 16 9 387 112 'I 1 1 _ ~ 16TH � I7 t7 58 `{ C tVC 54 25 32 99• 115 !� m "C 751 sit file we 55 C 10 the type of buffer required between a proposed development and adjacent streets, land uses or zoning designations shell be as specified in Subsection 6.12.6, Schedule of Required Buffers. Where the proposed development site and the adjacent land are both located within either Town Center District, no buffer shall be required. Width and screening specifications for each buffer type shall be detailed and illustrated in the Design Manual. Screening required within buffers is intended to provide separation of spaces without necessarily eliminating visual contact between the spaces, and may consist of existing vegetation, planted vegetation, a landscaped earth berm, a decorative wall, a wood fence, or a combination of the above. Any of the options specified in the Design Manual for the required buffer type shall satisfy the buffer requirements of this section. 6.12.3 Location of Buffers Required buffers shall be located along the interior or street lot lines nearest the adjacent streets, land uses, or zoning designations except where such lot lines are intersected by crossing accessways or utility easements, or by a joint parking area. Buffers shall not be located on any portion of an existing or proposed street right-of-way or easement. 6.12.4 Use of Buffer Provided the required buffer width and screening is maintained, a buffer may contain utilities, pedestrian and bicycle paths, and other minor or passive uses compatible with the general separation of land uses. 6.12.5 Responsibility for Buffer Where vacant zoning lots are adjacent, the first zoning lot to be developed shall provide the buffer required next to vacant land. At the time it is developed, the second zoning lot shall provide all additional screening and/or land necessary to provide the total buffer required between the developed land uses. Where a buffer meeting the requirements of this section is provided on an adjacent zoning lot, the screening and/or land within that buffer may be counted as contributing to the total buffer required between the adjacent existing land use and the proposed land use. 6-12 DOTA 85-10 ADOPTED APRIL 1, 1985 I ' 101 = 6.10 Other Utilities All utility lines other than lines used only to transmit electricity between generating stations or substations and three-phase electric power distribution lines shall be placed underground, and all surface disruptions required for installation shall be rehabilitated to the original or an improved condition. A letter or letters certifying the availability of immediate service from each of the other utilities (electric, gas, telephone, cable television) serving a structure shall be submitted to the Town Manager prior to issuance of a Zoning Compliance Permit for such structure. No Certificate of Occupancy for a Structure shall be issued until the following documents have been submitted to the Town Manager: al Certification or certifications from the appropriate utilities that all facilities necessary to provide electric, gas, telephone, and/or CAN service to such structure have been completed to the standards of the appropriate utilities; and b) As-built construction drawings of those completed electric, gas, telephone, and CAN facilities located within a public right-of-way or easement. 6.11 Refuse Collection All developments shall provide secure, safe, and sanitary facilities- for the storage and pickup of refuse. Such facilities shall be convenient to collection and shall be appropriate to the type and size of the development being served. Except for single- and two-family dwellings, all refuse storage facilities shall be screened by a solid wall, fence, tight evergreen hedge, or combination of the above. Such screening shall be of suffi- cient height and design to effectively screen the facility from the view from adjacent residential uses and streets, and from adjacent properties. 6.12 Buffer and Screening 6.12.1 Purpose of Bufferyards Buffers shall be required to separate a proposed development from adjacent major streets and different adjacent land uses or zoning • designations in order to minimize potential nuisances such as the transmission of noise, dust, odor, litter, and -glare of lights; to reduce the visual impact of unsightly aspects of adjacent development; to provide for the separation of spaces; and to establish a sense of privacy. 6.12.2 Buffers Required A buffer is a strip of land together with the screening required thereon. Except as otherwise specifically provided in this chapter, 6-11 ZOTA 82-1 ADOPTED FEBRUARY 22, 1982 ZOTA 82-2 ADOPTED OCTOBER 11, 1982 DOTA 85-10 ADOPTED APRIL 1, 1985 6.12.6 Schedule of .1equlred Buffers (Specifications for each buffer type are contained in Section 9.8 of the . nesi vn. Manua I. . Adfaeer+tI lealstfe62 Privicipat use Adjecone$ yotent Land Zaning O n� . e a C } ! �� o • . ®. a .. e1 •® C . l � l Q«O .t � w soon .0 os mw Et aaw ° � rQa r:q a ®r ft • �i W W p W ' A Y !f "/ Y M {� 0 ° .We R a Me 0 0.0 i W 31 p owl s� fie. a of a °aAC6 -a 4 .. � «. y Ou - s Pooposed lirinelpai 10 P.o °vsa. �� aN s� 3.4a e°� e a w.. a o • oso y w.. Ufa Ks a40 ss9 a .0 �cu sv < sW.. w sew .. so m oo w ! v«. Major subdivision cre- ating lots for single ® g C ® C or two-faintly dwelt- s D D C C 0 C lugs or Class A mo- bs le homes , Any other principal use in Use Group A $ D C C D 11 . 11i C D C w except essential services Any princlpaf use C C D A C S C C H C D In Use Croup 0 o Automotive rMaIrr maintenance and/or a storage faculty' CD light manufacturing ® C D D D C $ supply yard 0 0 D o ' a Any principal use o° 1n Use Grow Ca 13 H D C C l3 1 9 °i than the above C C D A , m o . *No buffer required. Adjacent land uses and vacant lands Include uses and larids a .s a street (oth"r Shan arterial or collector) from `+ the proposed use. 2exieling uses Includes uses approved as part of development for which Special Use permits or toning Compliance Pew CD rmit has been Issued. • 6.12.7 Other Required Screening In addition to the bufferyard screening required above, and the screening required for off-street parking (Section 6.6.61 and for refuse storage facilities (Section 6.111, all business, service, repair, processing, storage, or merchandise display conducted outside of an enclosed building shall be screening from adjacent streets and properties by means of an effective screening device of a height appropriate to its• screening function. Appropriate screening devices may include solid decorative brick walls, wood fences, berms, tight evergreen hedges which shall reach the necessary height within two (21 years of planting, or combination of the above. 6.12.8 Alternative Buffers and Screening In lieu of compliance with the above bufferyard and screening require- ments, a developer may submit to the Appearance Commission for its approval a detailed plan and specifications for landscaping and screening which will afford a degree of buffering and screening equivalent to or exceeding that provided by the above requirements. 6.12.9 Existing Vegetation Existing vegetation shall be retained and maintained whenever possible so as to permit such vegetation to contribute to buffer and screening requirements. 6.12.10 Maintenance of Landscaping All landscaping and screening providing required buffering and screening shalt be maintained so as to continue their effectiveness. 6.13 Si n,s 6.13.1 Intent It is the Intent of this section to authorize the use of signs whose types, sizes, and arrangements are compatible with their surroundings; appropriate to the type and intensity of activity to which they pertain, expressive of the identity Of individual properties or occupants or of the community as a whole, legible in the circumstances In which they are seen, and appropriate to traffic safety. 6.13.2 Sign Defined A sign is any device designed to inform or attract attention of persons not on the premises on which the device is located. 6.13.3 Signs Subject to Control Unless specifically exempted, no sign visible from public right-of-way, whether exterior to or interior to a structure, shall be erected, displayed, or substantially altered except in accord with the provisions of this chapter and until a Zoning Compliance Permit has been issued therefor. 6-14 DOTA 85-8 ADOPTED MARCH 11, 1985 . DOTA 85-10 ADOPTED APRIL 1, 1955 } 104 w==' SECTION 9 LANDSCAPING A. INTRODUCTION t�s The Chapel Hill Development Ordinance includes requirements for land- scaping, screening and shading parking areas and for providing buffers = and screening between different developments. This chapter illustrates options for meeting buffer requirements, explains how to calculate the projected shading of a parking area, recommends shade trees and screening plants which are suitable for this area, and outlines planting requirements and methods of protecting existing vegetation. • B. BUFFER REQUIREMENTS Figure 9-1 graphically indicates the width and screening specifications for each buffer type required by Subsection 6.12.6 of the Development Ordinance. Buffer specifications are stated in terms of the width of the buffer and the number of plant units required per one hundred (100) linear feet of buffer. Any of the options illustrated for the required buffer type shall satisfy the buffer requirements of the Development Ordinance. Each illustration depicts the total buffer located between two land uses. Evergreens/conifers may be substituted for up to fifty percent (50%) of required canopy or understory trees. If the adjacent zoning lot contains a structure specifically designed to collect and use direct solar radiation, understory trees may be substituted for canopy trees where.canopy trees would destroy solar access to solar collectors. asz Evergreens and conifers shall be planted in clusters rather than singly to maximize their chances of survival. Table 9-1 (at the end of this section) indicates recommended plant species for the vegetative types required within buffers. If an alternative buffer is proposed in accord with Subsection 6.12.8 of the Development Ordinance, screening within such alternative buffer must be of sufficient height and density to provide a degree of visual obstruction and noise buffering equivalent to or exceeding that provided by the buffer width and planting specifications for the required buffer type. A wood fence or decorative- wall may be used as part of the screening within an alternative buffer provided that the design of such fence or wall is visually compatible with that of adjacent fences, walls, and developments, and provided that vegetation is provided along the fence or wall that will break up its visual impact. • • 38 N M Sinictum i0 Plant Unit b • �� X1Q' tF! I`- m MI A A H '•E m N c y 00 .B •ti .LT "tJ W Ell Ln RECIURED PLANT UNITS t W 2 Canopy Trees $ '� •1 4 Urxlerstory,Trees I" use REOU IRED PLANT UNITS/100" 8 Shrubs 0 1.1 is Ever7EereslCOniter8 0, '� � �p S Canopy Trees L•- a L 10 UnderstM Trees 15 Shrubs A LOW Ir ttse .. BUFFER� � EvergreerBiConiters � 1•2 BU ��h�91y US8 BUFFER ao, -} 0 co . WOW }— Pawired n .611 _0. go t'3 r� Cr .6 3 iv a v RECAJMD PLANT UNITS/KU y 5 Canopy Trees ;. 1 �► REQUIRED PLANT UNITS/100' 1.2 7S tor'Y-tees f 8 Canopy Trees 30 Shrubs Q Low herlmyuse 12 Undersrory-tees LOW k T use EvergreenwConflers 1.2 I! 48 stnft p 1.4 24 Evergreem/Conifiers �nm�rvuae . . • lid I*f fnremtvuw BUFFER BUFF D 107 PLANNING DRAFT MINUTES 10-21-85 21 ITEM # 10: PD-2-85 CHANDLER'S GREEN K4 } Presentation by Smith. This agenda item is to consider the Planned Development/Rezoning/Special Use Permit application for Chandler's Green for recommendation to the Board of Commissioners. This item was presented at pub Lie hearing on July 11 and September 10, 1985. The applicant, Attenton Realty, has requested a Planned xi Davetopment—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 Hilt's northeast corporate boundaries and situated between Sunrise Road (SR 1732) , 1-40 and Weaver Dairy Road (SR 173) . The purpose of the request is to allow development of a planned single—family residential community composed of 62 lots . The 19.2 acres Located in the Town of Chapel Hi IL's .jurisdiction is zoned R-2, and the applicant is presently pursuing subdivision approval for that parcel for an additional 26 Lots. The property is known as Lot 17 of Tax Map 17, and Lots 7 and 11 on Tax Map 25 in Chapel Hi IL Township. The properties are Located within an area designated Ten Year Transition in the Orange County Land Use Plan. The designation allows consideration of an application for rezoning to any of the residential zoning districts (R-1 through R-12) . The present zoning classification of the property is Residential-1 . The requested designation is PD H—R-2, Residentiat-2. Certain development standards must be met and a Special Use Permit must be obtained for the development to proceed. The request was submitted to a oint j pub tic hearing with the Town of Chapel Hi It on July 11 , 1985. Concerns were expressed at that time regarding open space and buffer requirements, particularly the 100' perimeter open space/yard setback requirement. for PD—H districts; impact of power lines and drainage easements on residential units and recreational facilities; and the collector road system serving the area . The concerns prompted the Board of Commissioners to continue the public hearing to September 10, 1985 to allow staff an opportunity to address these matters. - Approval of the request would allow development of the 108 PLANNING DRAFT MINUTES 10-21-85 22 property for single ?amity residences on lots containing a minimum of 20,000 square feet. Smith noted that the County Attorney had advised that the Planning Board could choose to recommend to the Board of Commissioners waiver or modification of any of the standards, the reguLation in question being the 100/ buffer requirement. The Board proceeded with Findings of Fact. MOTION: Pitkey moved positive findings on ArticLe 8.6 and 8.8 1— (Application Components) . Seconded by MiLLer. VOTE: Unanimous MOTION: Pearson moved positive findings on ArticLe 8.8 4-8 amd, 10-12 and negative on S (Application Components) . Seconded by Yuh.asz. VOTE: Unanimous . MOTION: Pearson moved positive findings on Artict. 8.2.4 (Specific Standards/ALL SpeciaL Uses. ' Seconded by ShankLin. VOTE: Unanimous. MOTION: Shanklin moved positive findings on ArticLe 7.4 and Article 20. Seconded by Pearson . VOTE: Unanimous. • MOTION: Shanklin moved positive findings on Article 4.2: Seconded by Pearson. VOTE: Unanimous (Gordon was out of the room during this vote) . MOTION: Shanklin moved positive findings on Article 7.4. Seconded by Pearson . VOTE: Unanimous. MOTION: Shanklin moved positive findings on Article 7.14.3 (1 ,2,3,5) and negative on 7.14.3 (4) . Seconded by Pearson . VOTE: Unanimous , MOTION: Pearson moved positive findings on 7.14.3 al8,7 and 7.14.3b) 1 ,2,3,4,5. Seconded by Pitkey. 1Oi •PLANNING DRAFT MINUTES 10-21-85 23 VOTE: Unanimous (Yuhasz out during this vote) . MOTION: Pearson moved positive findings on Article 5. Seconded •by Jacobs. VOTE:. Unanimous. MOTION: Pearson moved findings as staff recommended .on Article 6.2 a—e. Seconded by Shanklin. VOTE: Unanimous. MOTION: Pearson moved positive findings on Article 6.12 f—h, Article 6.25 a—e. Seconded by Jacobs. VOTE: Unanimous. MOTION: Pearson moved to find the applicant in compliance with the thfee general findings of Section 8.2.2. Seconded by Shanklin . VOTE: Unanimous . - - MOTION: Jacobs moved to extend adjournment time to 11 :00 to complete the Chandler's Green application . Seconded by P1 (key. VOTE: Unanimous. MOTION: Best moved approval with staff conditions. Seconded by P1 (key. Gordon questioned whether the Town of Chapel Hilt resolution included condition 06. Smith responded it was a joint recommendation from staffs Alf both jurisdicttions at the public hearing on September 10, 1885. Collins noted that this recommedation had been Left out of the Town Council's resolution . The Town • Council felt, however that condition #9 addressed this. Jacobs expressed concern with payment—in—Lieu of actual - provision for open space as outlined in condition #16 . Smith responded that the recreational requirements of • Orange County had been met . He continued, expressing concern with power easements in recreation area . - MOTION : Jacobs moved to modify condition #16 to delete the payment—in—lieu provision for the Orange County portion and to move the recreation area outside of the Duke Power easement. Seconded by P1 (key. lie PLANNING DRAFT MINUTES 10-21—B5 ' 24 VOTE: In favor 5 (Miller, Kramer, Jacobs, Pilkey, Gordon) Opposed 6 (Best, Walters, Pearson, Yuhasz, Shanklin, Kizer) . • Motion failed. Welters expressed concern that County standards were being used for the 100 ' buffer and Chapel. Hill standards for roads [curb & guttering) . He felt that all. County standards should be followed. Yuhasz noted that if Chapel Hill standards must be met for roads than some •flexibility should be allowed to meet Chapel Hitt. standards regarding buffers. MOTION: Pearson moved, to amend condition #23 to correspond with the Chapel, Hilt ordinance requiring 201 to 50' vegetated • buffer along Sunrise Road and Weaver Dairy Road and a 100' buffer along 1-40. Seconded by Best. VOTE: Unanimous. For clarification, Smith informed the Board that the motion just made replaced a 100' open space with a 30' to 50' vegetated buffer. MOTION: Shanklin moved to change condition #B to read BO' R—0—W with a 331 travetway. Seconded by Pilkey. VOTE: Unanimous . MOTION: Yuhasz moved that condition #B be amended to read BO' R 0—W. Seconded Pearson. VOTE: Unanimous. MOTION: Best moved deletion of payment—in—lieu provision in condition #0. Seconded by Pearson . VOTE: ' Unanimous. Main Motion • Approval of Chandler's Green with revisions to Cnditions #6, 8, 16 and 23. VOTE: Unanimous. ORANGE COUNTY 111 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date November 4. 1885 Action ends Item #jJ SUBJECT: Z-10-85 (Rezoning Request) Cornwallis Hills by DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact: EDDIE KIRK SEE 8-26-85 PUBLIC HEARING AGENDA DRAFT 8-26-85 PUBLIC HEARING MINUTES DRAFT 10-21-85 PLANNING BOARD MINUTES Telephone Numbers Hillsborough — 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel Hill — 968-4501 PURPOSE: To consider approval for a proposed rezoning request submitted to public hearing on August 26, 1985. NEED: ALlenton Realty & Insurance Company is requesting a rezoning for 64.71 acres of land Located off Old NC 86 (SR 1009) and along the south side of Oakdale Drive (SR133) south of Hillsborough. The property is referenced as Tax Map 44A, lots 3 through 26 and Tax Map 42, Block C part of Lot 1 , Hillsborough Township. The present zoning classification is (Residential-1 ) . The applicant is requesting the entire 64.71 acres to be rezoned (Residential-3) R-3. The property is Located in an area designated as Ten Year Transition in the Orange County Land Use Plan . IMPACT: Approval of the request would allow a density of 15,000 square feet per dwelling unit on the 64.71 acres. Soils in the area are Georgeville, Tatum and Enon . While Georgeville and Tatum, which cover most of the tract, are slight to moderate for building site development, Enon which covers approximately 20% of the tract, is severe due to shrink—swell potential and low strength. 112 Z-10-85 (Rezoning Request) Cornwallis Hills November 4, 1985 • Page 2 Cates Creek runs around the southeast corner of the tract and has a considerable amount of 100 year flood plain which extends into the property in question . According to the Department of Transportation, both Old NC 86 and Oakdale Drive are classified at service level C. At the current 45 mph speed limit and given a 22' trevelway, the capacity of Old N.C. 86 at service level C is estimated to be 7,500 trips per day. At the current 45 mph and given a 20' travelway, the capacity of Oakdale Drive at service level C is estimated to be 5,770 trips per day. Department of Transportation is recommending a left turn Lane on Old NC 86 for safety reasons . RECOMMENDATION: The Planning Board recommends approval of the request . l j SEE: it LS M ORiAL .I S • � AP 4, . HIL DEVEIOPER- AL .ENTON REALTY t 1, PRESENT ZONE: • 1 ~` ��� — �"' PROPOSED' ZONE : R-3 � �'`- .�,�•�..a..:� LUP DES[GNATIGN 10-yr Transition.: •1 t s V = 400' SEE MAP 42E j CORNWALLIS_HILi S..-. PH II pR' 06r1 4 13s JEFFERSON Rte OOT i 0720 �f 9 .7147'T147 9At>+'� 657 MANG-E COUNTY PLANNING DEPARTMENT ,-, virrx.ssolyamit -1- NORM CAROLINA 11 4 (27278 w6,.. •1' '' .Tilrii 1: ■ 2.. tf..1 4• .... ft* ''.... . MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD ' FROM: EDDIE KIRK, PLANNER ' DATE: August 8, 1885 : • SUBJECT: Z-10-85 (Rezoning Request) Cornwallis Hilts GENERAL INFORMATION . APPLICANT: Atlantan Realty & Insurance Company ,.. P.O. Box 731 Durham, N. C. 27702 LOCATION: Old NC 86 (SR 1009) and Oakdale Drive (SR1133) 1 ' REQUESTED ACTION: Approval as a Rezoning from R-1 to R-2 for 64.71 acres. PURPOSE: To allow higher' density residential development than one par 40,000 sq . ft . LOT SIZE: 64.71 total acres requested EXISTING LAND USE: Vacant, wooded tract ' SURROUNDING LAND AND ZONING: The property in question is zoned R-1 . 1 : Zoning designations are identified below for surrounding property. NORTH _ developed property with small Lots 1 : mixed with undeveloped property zoned R-1 . SOUTH — undeveloped wooded land zoned R-1 1 EAST — Cornwallis Hilts is zoned R-3 and a few houses along Old NC-86 are zoned R-1 WEST . — wooded undeveloped property zoned R-1 ( t ' LAND USE PLAN: Designated 10—Year Transition s , • . . • • . _ ^' FINDINGS OF THE ORANGE_)NTY PLANNING BOARD' �. P Eh...•N i NG TO APPLICATIONt Z-10-$5 CORNWALLIS BILLS BASED ON THE APPLICATION MATERIALS SUBMITTED, THE PLANNING 00ARD RECOMMENDS THAT THEII{E IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS ARTICLE 20 - SPECIFIC STANDARDS FOR EVALUATION/REZONING ARTICLE 20 - SPECIFIC STANDARDS FOR EVALUATION/REZONING ("Yes" Indicates com llancd; "No" Indicates Noncom Rance PLANNING BOARD FINDINGS BASED-ON BOARD OF • SUBMITTED APPLICATION EVIDENCE SUBMITTED TO SUPPORT FINDINGS COMMISSIONE Ordinance Requirements FINDINGS The application -must comply ' with all requirements specl- . Cied in Article 20 - Amend- ments. Those requirements Include: 20.32 a) Map showing affected Yes No Site Plant provided at scale of Yes N+ property at scale of not less than I '= 100:' nor mn' re than P- 20' 20.3,2 b) Legal description of ..L. Yes -yo Description provided with application Yes N property • 20;3.2 c) Explanation of alleged X Yes No No error alleged Yes N error, i f any, to be corrected by proposed amendment 20.3.2 d) Changed conditions,• if X Yes No The property Is located behind the present yes any, which male amendment reasona- Cornwallis Hills Subdivision which is bly necessary to prorate public zoned R-3. ' There. are also smaller lots heal th, safety and general we] mare. to the' nvor-th of the proposed development I—, along Oakdale Drive. cn 20.3.2 e) Manner in which proposed X Yes No They:property Is located in a Ten-Year Yes I amendment wi I I carry out purpose Transition Area as designated ,In the and intent of adopted Comprehensive adopted Land Case Plan. R-3 Is' a permitted zoning. Plan. district in this area. AI.IIT.�FfIWIP�Sii ®.III ARTICLE 4 — DISTRICT STATEMENTS OF INTEREST AND APPLICATION CRITERIA ordinance Requirements Article 4.2 identifies the �.► criteria which will normally }.+ } be used to determine the application of a zoning district ' designation. The applicant has applied for an -R-3 designation. The criteria for that district are set forth in Article 4.2.3 and aue as follows: a) Designated by the adopted Land X Yes No Applicant-has indicated the property Yes No Use Plan as a Transition Area, is in a Ten-Year Transition Area. which can reasonably be expected to be annexed by a municipality in the ensuing I0-20 years. b,) Water and sewer lines should X Yes _ No Public water and sewer facilities Yes + No exist at site of be assured of presently serve Cornwallis Hills installation as part of the Section I. These facilities would be-. development process. upgraded and extended to serve the additional lines as required for sub- division approval. Applicant has submitted a letter from the Town of Hillsborough stating that water and sewer is available. On Aug. 12, 1985 the Town Board re—endorsed its letter as a statement of commitment to serve , the site with public water and sewer . services upon extension of lines by the applicant. c) Vehicular access must consist X Yes ^ No Applicant does have direct access to a Yes No of direct access to a street street classified as arterial, via classifies as either arterial Lafayette Drive. DOT is recommending a -or collector as designated left turn lane on SR -1009 for safety by the adopted Land Use Plan. reasons• ' .1,7. sotteATT—Aftntr .3 8-',26,435- • ,. • • L 11 ' i plant. He also noted a co,ncel:n with traffic all,rxrr 4 I US 70 and the intersection rated by NXOT as the ,.. ( 37th most dangerous section. • , - Commissioner Lloyd asked that he clarify which 4 intersection he was referring to. Kenyon responded the intersection of Corbin and Geer Streets at the Slake Den. Ccrardslionex Lloyd indicated he was impressed with ;• ., the. development by the applicant currently under :, constructian. Z-10-85 CORMMLLIS Kris •' - The staff presentation was made by Smith. - - Randy Smith, agent, reviewed the project noting that the existing portion was presently zoned R-3 and that the %tun of Hillsborough had agreed with extension of services to service the new section. 1, He continued that the remaiaing undeveloped portion of the property would. remain R-1 as the applicants would wait until they were ready to develop the property to determine the zoning from the dictates . ',. 4 of the market current at that time. Pilkey inquired about the exit patterns, for the ( project. . Randy Saith responded that the main exit would be Lafayette Drive exiting onto both Old NC 86 and Oakdale Drive. . Pilkey itxpired about the number of houses proposed.. Randy Smith responded 111 houses. • Susan Smith cited page 182 of the agenda and the " , 7 letter franc NCDOT regarding access. , ',- Vert Teman, resident of the area, noted a storm . t,. sewer problem on Lafayette Drive. He inquired - about the intentions with the remaining acreage and the need for two exits. Jim Barick, resident of Cornwallis Hi'.11s, asked if there was a water prsure prcblen in this area. aisan Smith responded that Horace Johnson, Water Cartmis' sioner for the Town of Rid lsborough,* had indicated there was good water pressure in this • area. She added that the applicants would have to make specific improvements to the services as part • of the development process. • _ Smith continued that MDOT bad estimated that 85% • ( of the traffic would flow to Old i.,t 86 and that 75% ' - of that traffic would flow to 1-40. She noted that road improvements would be required through the development process, specifically wider rights-of- , way, turning and deceleration lanes. 118 Ralph C.ochrane,, agent, not that in their analysis • Oakdale Drive is a viable secondary access. He . commented that they bad tried to acquire a second access onto Old IC 86 but had not been successful. ARTICLE 8 SPECIAL USE PERU-Ts Presentation by Smith. Kizer expressed concern- about the proposed amerdments, noting that what was currently iii. the ordinance was precisely what the County Attorney had advised and.that the County Attorney had stated stated during the preparation of the Ordinance that wording such as that proposed was incorrect. He felt what was proposed. was significant arel needed. to be- addressed. He continued that to require the applicant to net all aspects of the general. standaards is unreasonable, particularly in the consideration wthat the general standards serve as the catchbasin for what the staff and Boards missed. Ea noted that the Courts have demonstrated that they will not uphold such ordinances if the applicant does not know the specific requirements that rust be met. He reviewed the court literature ' on the issue.. He maintained that the process is failing if the County does not anticipate specific requirements in advance for the applicant to be aware of and to answer in the application.. • Commissioner Lloyd commented that it makes the applicants- "guilty before proven innocent". Gledhill coremnted that the provision as spelled out satisfies the decision of the Court. He asked that he be allowed to provide the Hoard with further information on this matter. Gleelte 1 1 • continued that off-hand he objects to using generalized findings, though he recognizes they are used by other jurisdictions, as they are not • informative of the process. He cited a 1984 Court of Appeals decision on such a matter noting that one- cannot determine from the decision what went on. Commis' sioner Ti11hojt coemented that he was• • concerned about ccmpetent evidence and the need for • more specific criteria. Gledhill I responded that there is a difference between showing that you are meting the general conditions versus shifting the burden of proof. es the current ordinance provides, the applicant roast show that show or establish that he has provided • everything required by the ordinance as opposed to proving some specific health, safety and welfare issue. He continued that it the process is being followed appropriately, then the current ordinance Provisions are satisfactory. p . 1.1E PLANNING DRAFT MINUTES 10-21-85 15 VOTE: In favor 3 (Pearson , Kizer, Yuhasz) Opposed 8 (Gordon, Best, Jacobs, Walters, Hitler, Kramer, Pilkey, Shanklin) VOTE,: Main Motion (approval. subject to staff conditions) In favor 10 Opposed 1 (Pearson) At this point, the Chair noted that the rezoning request for Cornwallis Hills must be considered before the subdivision request. AGENDA ITEM #9: Z-10-85 (REZONING REQUEST) CORNWALLIS HILLS This agenda item is to consider for recommendation a proposed rezoning request submitted to public hearing on — August 26, 1985. Allenton Realty & Insurance Company is requesting a rezoning for 64.71 acres of Land Located off Old NC' 86 (SR 1009) and along the south side of Oakdale Drive (SR 1333) south of Hillsborough . The property is referenced as Tax Map 44A, Lots 3 —. 26 and Tax Map 42, Block C part of lot 1 , Hillsborough Township. The present zoning classification is (Residential-1 ) . The applicant is requesting the entire 64.71 acres to be rezoned (Residential-3) R-3. The property is Located in an area designated as Ten Year Transition in the Orange County Land Use Plan. Approval of the request would allow a density of 15,000 square feet per dwelling unit on the 64.71 acres. Soils in the area are Georgeville, Tatum and Enon . While . GeorgevilLe and Tatum, which cover most of the tract, are slight to moderate for building site development, Enon which covers approximately 20% of the tract,' is severe due to shrink—swell potential and Low strength . 1 ' Cates Creek runs around the southeast corner of the tract and has a considerable amount of 100 year floodp: Lain which extends into the property in question. According to the Department of Transportation , both Old NC 86 and Oakdale Drive are classified at service Level 1 C. At the current 45 mph speed Limit and given a 22' 1 travelway, the capacity of Old NC 86 at service Level C is estimated to be 7,500 trips per day. At the current 45 mph and given a 20' travelway, the capacity of 120 PLANNING DRAFT MINUTES 10-21-85 16 Oakdale Drive at service level C is estimated to be 5,770 trips per day. Department of Transportation is recommending a Left turn Land on OLd NC 86 for safety reasons. The Planning Staff recommends approval of the request. MOTION: Shanktin moved positive findings on Article 20 Amendments. Seconded by Pearson. VOTE: In favor B. (Yuhasz, Kramer and Jacobs out of the. room during this vote) . MOTION: Pearson moved positive findings on Article 4 (Application Criteria) . Seconded by Shanktin, VOTE: In favor 8 (Yuhasz, Kramer and Jacobs out of the room during this vote) . MOTION: Shanktin moved approval of the rezoning. Seconded by Pearson . VOTE: In favor 10. Opposed O. (Kramer out of the room during this vote) . j . CORNWALLIS HILLS PHASE II, III , & IV This agenda item is to consider approval of the • Preliminary Plan for Cornwallis Hilts Phases II, III, & IV. This action follows consideration of a rezoning request for the tract from R-1 to R-3. Phase I was approved by the Planning Board on August 17, 1981 . The property 'in question is, located off Old NC 86 (SR 1009) and along the south side of Oakdale Drive (SR • 1133) south of Hillsborough . It is referenced as Tax Map 44A Lots 3 — 26 and Tax Map 42, Block. C, part of Lok C, part of Lot .1 , Hillsborough Township . The property is bordered by residential development to the north and undeveloped property to the soUth, west and east . The 64.71 acre tract is to be developed in three phases to provide for 111 new Lots. It is designated Ten Year Transition in the Orange County Land Use Plan and is served by the Orange Rural Fire Department . A rezoning request for the tract is currently under consideration . Approval of the rezoning request from R-1 to R-3 would S Utimut I.A.JUWIT - . ACTION AGENDA •'..,;::,• BOARD OF COMMISSIONERS , . . ACTION AGENDA ITEM ABSTRACT • ITEM NO..1110 • •- MEETING DATE November 4, 1985 . . . . • • . 208 ' . SUBJECT: FIREWORKS DISPLAY REQUEST - , . • . - . ' • ' DEPARTMENT: I PUBLIC HEARING: YES xx NO County Manager - ........., . . . , . . . ATTACHMENT(S): . INFORMATION CONTACT: Manager's Office PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 . CHAPEL HILL - 967-9251 MEBANE - 227-2031 - DURHAM - 688-7331 . PURPOSE: To consider authorizing permits for public exhibitions to take place December 31, 1985 and July 4, 1986. . - . . NEED: Mr. Jaelf:Davis of MOPAC, Inc., the applicant for the permits, is desirous ' of conducting displays for the public on New Year'S Eve and July 4th. He has obtained letters of support from the fire, police and EMS agencies which will.be monitoring the events and is willing to comply with their specifi ft - cations to protect public safety. : . . . . . While the question of insurance has been raised with each applicant, safety . • certification is all that the County has required before issuing the permits. With the increase in the number and awardediad-gementson law suits it appears Prudent to also require evidence that the applicant has general liability insurance to cover...the events. This would protect the public, the applicant, the Board of Education which owns the site, and the County which is. author- izing the events to take place. * " . . /MPACT: Adequate coverage would be in the range of $1 million for each three hour event. . - . . RECOMMENDATION: Authorize the permit for each date (or any rain date that may be necessary) upon the condition 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 (already supplied) ; . . 2. A site plan indicating all safety precautions such as location _ of barriers for spectator-control, areas in which the fireworks - I . will be discharged, viewing areas; and I • • • 3. Evidence of general liability insurance coverage in the amount of $1 million with the Orange County School System and Orange , . . . County as the additional name insured. :'• . '1'•', • z k s r - 209 § 14-412 CH.14.CRIMINAL LAW § 14-415 § 14-415.1 § 14-412. Possession prima facie evidence of violation. Possession of pyrotechnics by any person,for any purpose other than those permitted under this article, shall be prima facie evidence that such • pyrotechnics are kept for the purpose of being manufactured, sold, bartered, $ 1¢.415.1. Pass exchanged,given away,received,furnished,otherwise disposed of, or used in violation of the provisions of this article. (1947, c. 210, s. 3.) (a) It shall be unla 14-413. Permits for use at public exhibitions. set out in subsection rt� custody,care,or con For the purpose o enforcing the provisions of this article,the board of county less than 18 inches o of mass death and de- commissioners of any county are hereby empowered and authorized to issue permits for use in connection with the conduct of public exhibitions, such as from the date of such fairs,carnivals?shows of all descriptions and public exhibitions, 1 a tional institution,or s is .cto evades s.- ': .roduced to the effect that said pyrotechnics upon such conviction, used fora e aforemention:. purposes an• none • • ,c. I,s. •. Every person violet Class I felon. Local Modification.--Mecklenburg 1981, J Nothing in this su. C.117,s.2.City of Charlotte:1981,c.88. possession of a fire (b) Prior convictio only include: § 14.414. Pyrotechnics defined; exceptions. 7 (1) Felonious viol For the proper construction of the provisions of this Article," .36A, ter �' Pe P Pyrotechnics, C 9f, Chapter as is herein used, shall be deemed to be and include any and all kinds of (2) Common law fireworks and explosives, which are used for exhibitions or amusement (3) Violations of purposes:provided,however,that nothing herein contained shall prevent the substantially E' manufacture,purchase,sale,transportation,and use of explosives or signaling which are p flares used in the course of or�di• Tluusiness or industry,or shells or cartridges exceeding two used as ammunition in firearms.This Article shall not apply to the sale,use When a person is char?: or possession of explosive caps designed to be fired in toy cap pistols,provided offense,whether in th that the explosive mixture of such explosive caps shall not exceed twenty-five or of the United Stat; hundredths(.25)of a gram for each cap.(1947,c. 210,s. 5; 1955,c. 674,s. 1.) proving a violation of judgment in any case i• exceeding two years,a-. OPINIONS OF ATTORNEY GENERAL plea entered or to the : of guilty to such an off: r. What Prohibited within Definition of General to Mr. W.I. Adams, Sheriff, Wayne custodian otf records of: Pyrotechnics. — See Opinion of Attorney County,40 N.C.A.G.174(1970). b Which the d ends identity of sucherson 6 prima facie evidence o 14415. Violation made misdemeanor. (c) The indictment c 1: shall be se Any person violating any of the provisions of this Article,except as nth parate from specified in said Article,shall be guilty of a misdemeanor punishable by a Sean to or giving rise to a ch not to exceed five hundred dollars($500.00),imprisonment for not more than ' the Person with violati. six months,or both. (1947,c. 210, s. 6; 1969,c. 1224, s. 3.) offense was committed, 1. ,;,, , date that the defendan A it identity of the court in s verdict and judgment r- i I F, . c. 870,ss. 1, 2. 1977, c. I, 7" - _ ' Cross References.—For the maximum punishment r 1 141.1. " ° Editor's Note.—Article 7 referred to in this section, h , See now Article 7A(I 14-27. Chapter. 1044 • yfw b5 Sfkt '. ORANGE CCONTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. ft II Meeting Date: NOVEMBER 4, 1985 SUBJECT: LIVESTOCK MARKET DEPARTMENT: cdukst- MANA-dER PUBLIC HEARING: Yes _X_NO ATTACHMENT(S) : INFORMATION CONTACT: MANAGEleg OFFICE, X501 METER FROM JIM GRAHAM, TELEPHONE NUMBER: AGRICULTURE COMMISSIONER Hillsborough - 732-8181 Chapel Hill - 968-4501 • Mebane - 227-2031 • Durham - 688-7331 PURPOSE: To consider what further actions, if any, the Board feels would be appropriate to take regarding title th Fa Livestock Market. NEED: As has been discussed, the Hillsborough Livestock Market, which has historically performed an important function for the farming ccomunity in Orange and surrounding counties, is in jeopardy due to the declared Chapter 11 bankruptcy by FCX. It is unclear what the status of the proceeding is since no reply has been received from the September 24, 1985 letter expressing County concerns. Agriculture Commissioner, Jim Graham has advised that a task force be formalized in order to collectively examine all the options for saving the market or alternatives to replace it with a similar market. He offered the services of his Department's Marketing Division to aid in this. Charles Elks, Director of the Division, has since indicated a willingness to do a feasibility study on the market utilizing State Agriculture experts. The courses which appear open include: • 1. Formalizing a livestock market task force to consist of the three organizations already meeting on the subject (Agri- business Council headed by Bill Dorsett, Agriculture Exten- sion, Farm Bureau) together with a representative of the Orange County Cattlemen's Association, State Grange and the North Carolina Department of Agriculture's Division of Marketing. 2. Charge the task force with undertaking a feasibility study with the assistance of Agriculture's Division of Marketing to outline the (a) present and projected volume of business (b) economic condition of the market separate from the PC; store operation, (c) market area, (d) present and alterna- tive site location options for continued operation under PCX or other firms, (e) recommendations. 4 211 3. Have the County Attorney make contact with the Chapter 11 judge to register the County's interest in the market and the steps being taken locally. e�>7 BECCMMENDATION(S) : Adopt 1 through 3 and any other measures suggested by the Board. • sar- is Qrt �uLL `5f v;f fi` 212 z:VMPAit; . tatt, of Wortit (carafirta JAM ES A.a RAHAM pryittrtment of Agricatitre COMMISSIONER TivtLebalt October 1, 1985 Mr. Don Wilhoit, Chairman Orange County Commissioners • 106 East Margaret Lane Hillsborough, NC 27278 Dear Mr. Wilhoit: • I appreciate your recent letter regarding saving the Hillsborough Livestock Market. I have also written a letter to Mr. J. L. Sales, Jr., expressing my support for trying to save this vitally needed market. I would like to suggest that a task force committee be formed to try to collectively examine all the options for saving the market or alternatives to replace it with a similar market. I would suggest that this task force committee be made of such people as a representative of the following agencies or organizations: 1. Orange County Agribusiness Council 2. Orange/Durham County Cattlemen's Association 3. Orange and Durham County Commissioners 4. Farm Bureau 5. State Grange 6. North Carolina State University Extension 7. North Carolina Department of Agriculture's Division of Marketing Charles Elks, Director of the Division of Marketing for the North Carolina Department of Agriculture, will be glad to assist you should you desire to form such a committee. He can be reached by telephone at (919) 733-7887. • I want to commend you for your initiative in taking action toward saving this market and let me assure you of the support of this Department. Cordially, • )( ‘ J es A. Graham JAG/CBE/bh IV utuinuc vuumit BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO.-11., - MEETING DATE November 4, 1985 212 SUBJECT: EFLAND SEWER OPERATING RULES AND REGULATIONS DEPARTMENT: County Manager PUBLIC HEARING: YES xx NO ATTACHMENT(S): INFORMATION CONTACT: County Manager PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE 227-2031 • DURHAM - 68$-7331 . PURPOSE: To consider a draft set of rules and regulations for adoption at a later Board Meeting. • NEED: While the Board's requested revisions have been incorporated the County Attorney's • list of suggested changes were still being drafted at the time the agenda was being finalized for printing. A-lcombined draft will be presented at the meeting Monday evening with explanation of the changes. • • • • • IMPACT: [ • • RECOMMENDATION(S) : Refer to the November 19, 1985 meeting in order to allow adequate time for Board review of the revised draft. gr ORANGE COUNTY ,- 121 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date November 4. 1985 Action ends Item # .., $mt, SUBJECT: CORNWALLIS HILLS PHASE II , III & IV DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachments) Information Contact : EDDIE KIRK ' CHECKLIST VICINITY MAP - PRELIMINARY PLAN AGENCY LETTERS DRAFT 10-21-85 PLANNING BOARD MINUTES Telephone Numbers Hillsborough — 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel. Hill — 968-4501 PURPOSE: To consider approval of the Preliminary Plan for Cornwallis Hills Phases II , III & IV. This action follows consideration' of a rezoning request for the tract from R-1 to R-3. Phase I was approved by the Planning Board on August 17, 1981 . NEED: The property in question is Located off Old N.C. 86 (SR 1009) and along the south side of Oakdale Drive (SR 1133) south of Hillsborough. It is referenced as Tax Map 44A Lots 3 through 26 and Tax Map 42, Block C, part of lot 1 , Hillsborough Township . The property is bordered by residential development to the north and undeveloped property to the south , west and east. The 64.71 acre tract is to be developed in three phases to provide for 111 new Lots . It is designated Ten Year Transition in the Orange County Land Use Plan and is served by the Orange Rural Fire Dept . A rezoning request for the tract is currently under consideration . Approval of the rezoning request from R-1 to R-3 would allow for development of the subdivision at the proposed density. IMPACT: Approval of the request would allow 111 new single family dwelling units on the 64.71 acres . Soils in the area are Georgevitle, Tatum and Enon . While Georgeville and Tatum, which cover most of the tract, are slight to moderate for building site development , Enon which covers approximately 20% 122 4 • 122 t�s CORNWALLIS HILLS PHASE II , III & IV PAGE 2 NOVEMBER 4, 1985 of the tract, is severe due to shrink—swell potential and low strength . Cates Creek runs around the southeast corner of the tract and has a considerable amount of 100 year flood y plain which extends into the property in question . According to the Department of Transportation , both Old NC 86 and Oakdale Drive are classified as service level C. At the current 45 MPH speed Limit and given a 22' travelway, the capacity of Old NC 86 at service Level C is estimated to be 7,500 trips per day . At the current 45 mph and given a 20 ' travelway, the capacity of Oakdale Drive at service Level C is estimated to be 5,770 trips per day. The most recant traffic counts for the area (1981 ) indicate 330 trips per day on Oakdale Drive and 4,200 trips per day on Old NC 86 between I— `` 85 and Oakdale Drive . Department of Transportation is recommending a Left turn Land on Old NC 86 for safety reasons . RECOMMENDATION: The Planning Board recommends 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 pum p stations for Phase I and II . r,. 2. Old NC 86 shall include a Left turn Lane and deceleration lane at the Lafayette Drive entrance. 3. Lafayette Drive should include a left turn lane 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. Drainageways , water courses and the floodplain boundary must be surveyed on the final plan in order to insure accurate Location . B . Homeowners Association documents must be submitted for review and approval by the Orange County PP y g ty Attorney prior gill 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 must be submitted to and approved CORNWALLIS HILLS PHASE II , III & IV 122 PAGE 8 NOVEMBER 4, 1985 by the State of North Carolina and the Town of Hillsborough h rior to approval g prior of the final plan . 9 . Letters of credit must be submitted for review and approval by the Orange County Attorney for all proposed li street, utility, drainage and Landscaping improvements prior to approval of the final plan . .. f tor t SEE CORNWALLIS HILLS- . { MAP PHASE 1, 11 & l N �` CA 5 113.3 + DEVELOPER: ALLENTON REALTY l � LUP Designation: 10°yr .Transition a. 1 400' 7 8GE MAP 42E , 1 CORNWALLIS HISS,..... . PH I 86 � 8.3 Ar cl F' JEFFERSON RD l • DOT y 07ZO .t . 53 ` .7147 21.63AC- MAJOR SUBDIVISION CHECKLIST ' NAME OF SUBDIVISION Cornwallis H i l l s Phase 11, 1 1 1 H IV OWNER OR DEVELOPER Al I en ongga I ty ADDRESS Old 86 Limited Partnership P.O. Box 231 Chapel' Hill, NC TOWNSHIP Hillsborough TAX MAP 42,44A BLOCK C LOT PIO 1, 3-26 . NAME OF SURVEYOR OR ENGINEER Philip Post Associates Total number of lots To be develo ed in 3 phase(s). Total number of acres 64-71 Typical dwelling units at present in Phase or proposed 111 WATER SUPPLY: Public (Name) 11111sborouah Commuuity Individual SEWAGE TREATMENT: Public X -Community____________.Individual Septic tank SCHOOL DISTRICT Orange — FIRE DISTRICT Orange Rural Access onto State Road #1009,1133--:Ad Standard: Public X or Private Class A , B , C Existing critical areas such as streams ( X), Flood prone areas (X ), Watershed ( )l Historic Sites ( }, Other ( } Explain: Cates Creek and tributaries running through the property Land uses in the general area Res.i.ciP..ati.al arad�soed®d_ SKETCH PLAN RECEIVED (Date) - - Approved ( ) Recommended Changes ( X ) PRELIMINARY 'PLAN RECEIVED •(Date) _ - REVISED PRELIMINARY PLAN RECEIVED (Date) 10-10-$5 Preliminary Review by Health Department Erosion Control Officer 10-11-F5 WF Board of Education It)-11-85 Department of Transportation OWASA (if possible) Other „Town Of Hillsborough (Wls) 10-A-$5 -Mebane (if possible) -Hillsborough (if possible) In-8-85 -orange/Alimance- (if possible) Preliminary Action by the Planning•Board - - Preliminary Action by the County Commissioners FINAL PLAT RECEIVED (Date) ( ) All lots were approved by the Health Department ( ) Lots failing Health Departments approval are combined-or listed properly on the plat ' ' ( ) Road Maintenance Agreement submitted (where applicable) . . Approved ( ) Improvements have been provided: for; completed= bond, letter of credit, cash. Date { ) Final OWASA approval (where applicable) on'all plans & specifications, Date ( j Final DOT approval on: plat ( ) Final action by the Planning Board 1 %., 3.2E [Mf.. aratin a Ettbatfurougli . . rov„, Mayor Frank H. Sheffield, Jr. Agatha.1 HILLSBOROUGH, NORTH CAROLINA 27278 Commissioners . Supt. Water w, ,!4 Lynwood J. Brown Jam=Pen. Horace H. Johnson - Street Supt. 0 **0674-44.4. Allen A. Lloyd -4 L. II Wagon - ' Remus 3. Smith .-...;:.-;. ..igi ' • ChieofForke Rachel H. Steyens %=-..1.-9. -Wo" Arnold W. Hamlett .i.' 1 • U , 9 Fire chief . John Forrest 'r c , To: Orange County Planning Board and Orange County Board of County Commissioners . From: Hillsborough Planning Board al' Re: Review of Preliminary Plans for Cornwallis Hills-Phase II . _ Date: October 9, 1985 • - 0 0 On October 3, the Planning Board reviewed preliminary plans for Phase II of the Cornwallis Hills development. Board members recommend approval of revised preliminary plans which address all the requirements ; . and conditions of approval listed by the Orange County Planning Staff. .:. • The requirements and conditions of approval are outlined in a letter to Allenton Realty and Insurance Co., dated September 25, 1985. Air: 4616; 4447iri Pfed,,4 4zoineed doe Lao 4i9dizet;4/A rataiD amintayA) Aer/hzaid, . , 0. 7!fiefin,41/zeelJ . ,. dia;e054474,„1,1 elgtzA iduiete.eriv, i X Aam .4144',0 ad iepzu//nri;6. Ad/Aro /fd . (Bail iali ie 4k , /a m-hicao 1104/ 1 AA - d., • - f id&0 d ddiN 6/16 )50 egzed)_ 1 7 r 17 L 12 ,Q5 4 •.,. 40. 45YA • ° ',_ • V- 04 • ef, STATE OF NORTH CAROLINA 1. .0 DEPARTMENT OF TRANSPORTATION Greensboro, NC 27429-0278 JAMESG.MARTIN August 21, 1985 GOVERNOR . • DIVISION OF NIONWAYS JAMES E.HARRINGTON • • SECRETARY " Mr. Eddie Kirk Planner .Orange County Planning Department Hillsborough, NC 27278 Dear Mr. Kirk: This is in reference to your request for an opinion as to direction traffic will take after leaving the Cornwallis Hills Development located on SR1009 (Old NC86) after new 1-40 is complete. The new 1-40 interchange on $R1009 provides easy access to ] 85 , westbound, Chapel Hill — Carrboro area via NC86 , South Durham, Research Triangle and Raleigh area Traffic headed for these destinations would make a right turn out of Cornwallis Hills. The left turning traffic would go to Hillsborough and north Durham. It is our feeling that ultimately majority of traffic would right turn out of development because more urban areas are available via 1-40. It is speculated that as high as 75% of traffic using development could go in this direction. • If we can of of any further help in this matter please advise. /1 • SincerAly , J.-1. Watkins . DIVISION ENGINEER JWW/DBK/cb • cc: Mr. D. B. Kelly • Efr.ral 11.7.por:un:ty Acu3n taro:r;yr • n' . . %* 6.9444471 12t ', 1 13111ri of Hills harintoll Mayor Frank H. Sheffield, Jr. Agatha'. • HILLSBOROUGH, NORTH CAROLINA 27278 , . Commizioners Supt. Ware,p,, ,. James Fender Lynwood J. Brown • . Horace H. Johnson Street Supt. Allen A. Lloyd 4.400-"171N,. - • E. 1).. Wagoner *iL17' • Remus J. Smith ".4:1L-....,e4 Chief of Police ' r , Rachel H. Stevens •....- rf-TT, Arnold W. Hamlett ' . - MO .. q P.V.,t .4. • Fire Chief it . ' 44es w WO:0' • John Forrest 4:411 n It. 4,..1,11•9v. . q-, October 8, 1985 i ! • ITLIErlf T3 0 Ms. Susan Smith Orange County Planning Orange County Courthouse Hillsborough, N. C. 27278 Re: Cornwallis Hills Subdivision Phase II 'T.'.. . • Dear Susan: . - Commissioner Horace Johnson and Water-Sewer Superintendent James Pendergraph have both reviewed the Preliminary Water and Sewer plans • for the above referenced subdivision and have asked that I inform you that said preliminary plans are in compliance with the Town of Hillsborough's required specifications. These plans have not been sub- , mitted to our Town engineer, however, final drawings and specifications will be forwarded to them upon receipt. Sincerely, ' . • jtj...sf.4124,.„,..0,. , Agatkyjohnson, Town Clerk 1 . I I .. !In' • .. • • . 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I rp. 1 MTU. gl I I- 1 I I 1 • it ; II i I u ' J gA) eloOL.. ljJ lailid t"- qc5 I cAini_l_c_ikAlgG i I to.rni.j2.18Ales__ 03,t 6,.L4ral.,,,, ! 1- L ' 1.,...4„.01zz,cii,„ 1 ! i ii 1_ it.. iii.1 f• i . i C14 :e44411..._4641___Lit....th_b_crisilc, 1 i I I •IA ; I " i 1 i I i 1 1 i I ../ [ ,i 1 1 I i - 4 1 ..■ C(70 4 i , _clE.J___f./. 5., . 1 i . i ,, .__L__pI_,___L__ I [ ' 1 i 16..aaar -E_,___I.Nimme o P.L.16 tajitajg4i lita . iIs I T .1 ! .1 0- i I 1 i I I I 1 1 ■ f I 'I , L 14lit .iiii i __ 1 Rt.'40 ,.c..(-iriC ..9e .05 1 1s1 1 P- 7174 F I a611r1/ i dpi• 1 1 I I ' ' , 1 I lt_f, i ; ; - 1 ; i .,..',0,,1 r elf. .6_40-0 Al. i la.9 I r 10 1 i 1- II , I III ', 1 1 1 i i 1 I i i i f : i I . • I 1 1 i 1 I. i 1 1 I I I I " I i I i 1 ! I 1 1 I I i 1 I 1 1 1 1 1 I I 1 1 : 1 1 i I . • i I 1 1 1 1 .: ! , 1 – 1 11 , 1 1 1 " t I !, .i III ! • ...._11___j___L _ __1__L_ L_ _ _L' .1 1 ! I I i 1 - 1 1 1 1 1111 i 1 • " ! 1 I - - ; _ 1 ! 1 1 ! 1 I 1 ! 1 1 : 1 : 1 ; 1 • • ; - . . . . - : ; 1 ' : • • • : . _____—_, _____ --'.- - - •_ . 1 i ' • t ' • ' 1 • 1, i , . ; , • • ; ' 1 t:f 134 • PliffLIP POST ET ASSOCIATES ENGINEERS/PLANNERS/SURVEYORS • • 9 October 1985 Randy Smith Mien ton Realty and Insurance Co. 119 Orange Street Durham, N.C. • • Re: Water proofing, Cornwallis Hills sewer line and Pump Station in Flood Plain. ! Dear Mr. Smith: The pump station and sewer lines located between lot 10 and 11 in Phase II must be water proofed to eliminate water from infiltrating the , system. f 1 The pipes will be ductile iron from the pump station until the pipe crosses the flood plain boundary. This piping will eliminate the water from entering the line. The pump station will be water proofed with a water proofing com- pound. The top of the station will be raised one foot above the 100 year = I flood plain height. The water proofing described above will eliminate the flood plain water from being able to get into the system. Sincerely, j Fritk11. Brunssen, P.E. FHB/pds ' A§.. 1-.1711 • LI • SEAL 71 • otit, 12331 1.11'14`4N1n5 .1r44, 0+, >"17/....... •co t4. 41,04, • wre r.? .14 4mor *2409 • . /0 1-gr (919)929-1173 n 100 EASTOWNE DRIVE a POST OFFICE BOX 2134 Vi CHAPEL HILL NORTH CAROLINA 27514 • 135- PLANNING DRAFT MINUTES 10-21-85 16 Oakdale Drive at service level C is estimated to be 5,770 trips per day. Department of Transportation is recommending a left turn Land on Old NC 86 for safety reasons . The Planning Staff recommends approve! of the request. MOTION: Shanktin moved positive findings on. Article 20 Amendments. Seconded by Pearson. VOTE: In favor 8. (Yuhasz, Kramer end Jacobs out of' the room during this vote) . MOTION: Pearson moved positive findings on Articie • 4 (Application Criteria) . Seconded by Shanklin. VOTE: In favor 8 (Yuhasz, Kramer and Jacobs out of the room during this vote) . MOTION: Shanklin moved approval, of the rezoning . Seconded by Pearson. VOTE: In favor 10. Opposed O. (Kramer out of the room during this vote) . • j CORNWALLIS HILLS PHASE II , III, & IV This agenda item is to consider approval, of the Preliminary Plan for Cornwallis Hills Phases II, III , & IV. This action follows consideration of a rezoning request for the tract from R-1 to R-3. Phase I was approved by the Planning Board on August 17, 1981 . The property in question is located off Old NC 66 (SR 1009) and along the south side of Oakdale Drive (SR 1133) south of Hillsborough . It is referenced as Tax Map 44A Lots 3 — 26 and Tax Map 42, Block C, part of Lok • C, part of Lot .1 , Hillsborough Township . The property is bordered by residential development to the- north and undeveloped property to the soUth, west and east . The 64.71 acre tract is to be developed in three phases to provide for 111 new Lots. It is designated Ten Year Transition in the . Orange County Land Use Plan and is served by the Orange Rural Fire Department . A rezoning•request for the tract is currently under consideration . • Approval of the rezoning request from R-1 to R-3 would 13E PLANNING DRAFT MINUTES 10-21-85 47 allow for development of the subdivision at the proposed density. Approval of the request would allow 111 new single family dwelling units on the 64.71 acres. Soils in the as are Georgevi lle, Tatum and Enon. While Georgevi LL ;fs and Tatum, which cover most of the tract, are slight to moderate for building site development, Enon which covers approximately 20% of the tract, is severe due to shrink—swell potential and Low strength .. Cates Creek runs around the southeast corner of the tract and has a considerable amount of 100 year flood plain which extends into the property in question . According to the Department of Transportation , both Old NC 86 and Oakdale Drive are classified as service Level C. At the current 45MPH speed Limit and given a 22' • travetway, the capacity of OLD NC 86 at service Level C is estimated to be 7,500 trips per day. At the current 45MPH and given a 20'traveLway, the capacity of Oakdale Drive at service Level C is estimated to be 5,770 trips per day. The most recent traffic counts " for the are [1981 ) indicate 330 trips per day on Oakdale Drive and 4,200 trips per day on Old NC 86 between I-85 and Oakdale Drive. Department of Transportationis. recommending a Left turn lane on Old NC 86fo r safety reasons. The Planning Staff recommends approval of the preliminary plan with the following conditions: 11 ) 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 . 12) Old NC 86 shall include a Left turn Lane and deceleration Lane at the Lafayette Drive entrance. (3) Lafeyette Drive should include a Left turn lane at the Old NC 86 entrance. [4) The proposed open space should be improved to include a 50' x 94' multipurpose court located on a north south, axis; tot Lot ; and picnic shelter with benches and tables. The Location and construction tr ion materia s for the ha same shall l be reviewed and approved by the Orange County Recrhe reviewed and approved by the Orange County 137 = PLANNING DRAFT MINUTES 10-21-65 18 Recreation Advisory Commission prior to the approval of the final plan . (5) If a sign is proposed at the Oakdale Drive entrance, the sign Location and size must - be indicated. (8) Drainageways, water courses and the fLoodplain boundary must be surveyed on the final plan in order to insure accurate location . (7) Homeowners Associated documents must be submitted for review and approval by the Orange County Attorney prior to the approval of the final plan. (B) a grading plan must be submitted to end approved by the Orange County Erosion Control Office prior to approval of the final plan. (9)' Water and sewer plans must. be submitted to and approved by the State of North Carolina and the Town of Hillsborough prior to approval of the final plan . (10) Letters of credit must be submitted for review and approval, by the Orange County Attorney for all proposed strrret, unmility, drainage and landscaping improvements prior to approval of the final plan . Gordon asked for clarification of condition #4. Kirk responded this referred to "improved" open space. Yuhasz inquired if the Recreation Advisory Committee had commented. Smith responded they had not commented on the application . Shanklin suggested that Sweet Gum be changed to Cheshire since it is essentially a continuation of an existing road. Jacobs expressed concern with traffic on Oakdale and the unsafe intersection with Cheshire. He asked that improvements to Oakdale be included. The Board discussed house numbering. Kramer expressed concern with density in the area . Gordon and Pilkey noted that was the issue in the rezoning decision .rezoning decision Just made. rezoning decision Just made . 138 PLANNING DRAFT MINUTES 10-21-85 19 Smith noted that the applicant was pp present to answer any questions Board members might have. Ralph Cochrane, Vice—President of Atlenton Beatty spoke giving the history of the project noting that the common area/ open space was committed at the beginning of Phase I of the project in 1979. He noted that Phase I was completely sold out and any improvements to the common area/ open space would have to be supported by residents of Phases II and III . He continued that there had never been any intent on the part of the developer to provide active recreation facilities in the open space. Cochrane cited the document prepared by Philip Post which spoke to conditions #2 and 3. Post's _conc.lusion . was that the Left turn Lanes requested were not necessary until the test section of the project was completed. Gordon questioned the cost impacts of recreational area improvements. Cochrane responded the developer did not feel these were required under the ordinance and the financial burden would be on the owners in the Latter phases. This Cochrane felt would be unfair. - Jacobs stated ' that . he felt the road classification system was inadequate for decision—making. He indicated that traffic count alone was insufficient evidence to cover public health and safety. Yuhasz stated that traffic count was reflective of the use. Jacobs responded that he felt the traffic count was not indicative of the character of the road. Yuhasz responded that the drivers would recognize the characteristics of the road and these characteristics of - the intersection would not change. He noted that the State classification is probably correct for Oakdale Drive. . Kizer inquired about the costs of recreation improvements. Cochrane resonded that double tennis courts would cost $30 —$35,000. MOTION: Shanklin' moved approval subject to Staff recommendation of conditions 1 ,3,5,6,7,8,9, and 10 and change condition #4 to read: The proposed open space area is to be improved to include a picnic shelter with benches and tables. References to the review and approval pP by the Orange County Recreation Advisory Commission should be deleted. • jy • PLANNING DRAFT MINUTES .10-21-85 •20 MOTION: Pokey moved to amend the original motion to include condition 02 ( Left turn Lane on Old NC 86 at Lafayette Orives . Seconded by Miller. PiLkey expressed a concern for future traffic in the area. Shanklin responded that Old NC 8H would 7r eventually need a Left turn lane but he feLt the developer was not responsible for the traffic generated and should not bear the cost of the improvements. Kizer noted he felt the project did generate the traffic problem, and it was the developer's responsibility to protect the residents. VOTE: Notion Amendment. In favor 10. . Opposed 1 (Shanklin} . Yuhasz questioned if there would be a recommendation to include open space in this subdivision if no open apace were provided. Smith responded no. Yuhasz continued, $' noting that the developer was providing open space when not required and was being asked to provide even more. Gordon stated there was nothing in the Subdivision Regulations to require open space in subdivisions, and Smith noted this was correct. Kizer inquired who was responsible for maintenance of open space. . Cochrane responded the Homeowners Association . MOTION: Yuhasz moved to delete condition 04. Seconded by Pearson . VOTE: In Favor 6 (Yuhasz, Pearson , Kizer, Shank Lin, Jacobs, Walters) . Opposed 5 (Gordon, Pilkey, Miller, Kramer, Best) . VOTE: Main Motion In Favor 10 Opposed 1 (Kramer) - Kramer expressed concern about density and felt there was not enough preparation for future phases. AGENDA 140 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date November 4. 1985 Action Agenda Item 41Z SUBJECT: PROPERTY SURVEYED FOR LEONARD J. BROWER — PRELIMINARY DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact : JANE ATWATER CHECKLIST VICINITY MAP PRELIMINARY PLAN DRAFT 10-21-85 PLANNING BOARD MINUTES Telephone Numbers Hillsborough — 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel Hill — 888-4501 PURPOSE: To consider approval of the Preliminary Plan for the property surveyed for Leonard J . Brower. To receive the Planning Board recommendation . NEED: The property in question is Located on NC 57 in Little River Township . The property is referenced as part of Lot 1 on Tax Map 5. It is bordered by residential and agricultural development . The tract is designated as Agricultural- ' Residential on the Land Use Plan . f- There is one 2.5 acre lot proposed. Little River Township is not zoned, however, the Subdivision Regulations requires that lots being served by on—site sewage disposal and water systems, be at least 40,000 square feet in size. Fire protection for the property in question is provided by the Little River Fire District. Law enforcement is provided by the Orange County Sheriff's Department . It will be patrolled on a 24 hour basis. IMPACT: Development of this subdivision would have minimal impact on the area . RECOMMENDATION: The Planning Board recommended approval of this subdivision on October 21 , 1985 with the following condition: 30' drainage easement along the stream which bisects the property. MANOR SUBDIVISION CHECKLIST NAME OF SUBDIVISION Property Surveyed for Leonard J. Brower OWNER OR DEVELOPER Same r ADDRESS Route 4, Box 624 Hillsborough, NC 27278 Leave Message at 1-800-241-87,77' TOWNSHIP_!i tr 1,e My er TAX MAP r, r BLOCK LOT p_n NAME OF SURVEYOR OR ENGINEER Hall-Hamlett and Associates P A. Total number of lots 1 To be developed in ' 1 phase(s), Total number of'acres,'2,5 Typical dwelling units at present none or proposed mobile home WATER SUPPLY: Public (Name) Community Individual X SEWAGE TREATMENT: Public -Community Individual Septic tank X •. SCHOOL DISTRICT Orange-Z- - 7 . FIRE DISTRICT Little River Access onto State Road #_ R 7 Road Standard: Public � - _ x or Private Class A ��, C Existing critical areas such as streams (}C), .Flood prone areas { }, Watershed (j, Historic Sites Explain: Land uses in the general. area Residential Aq r I cu I tu ra T SKETCH PLAN RECEIVED (Date) R_1�- A •,--R6 �� pproved ( ) Recommended Changes ( ) PRELIMINARY PLAN RECEIVED .(Date)_ ,n-h-pc REVISED PRELIMINARY PLAN RECEIVED (Date) Preliminary Review by Iiealth Department n' nuid Erosion Control Officer _�1KR 2A'17-95�_ Board of Education Ira TmI ltn t0-85 Department of Transportation OWASA (if possible) " '-=---*---- Other .-Mebane (if possible) -Hillsborough (if possible) -Orange/Alimance (if possible) Preliminary Action by the Planning•Board Approved 10-21-85 Preliminary Action by the County Commissioners FINAL PLAT RECEIVED (Date) ( ) All lots were approved by the Health Department ( ) Lots failing Health Departments approval are combined or Listed properly on the plat ' ' ( ) Road Maintenance Agreement submitted (where applicable). Approved ( ) Improvements have been provided for; completed; bond, letter of credit, cash, Date ( . ) Final OWASA approval (where applicable) on*al1 plans a specifications, Date ( ) Final DOT approval on. plat ( ) ,Final action by the Planning Board ,. ,:. LEDAJAR,D J*6 • BRDwzgo _ . 142 ^ APPmeAnir: LEDNAlua 3., empluzL, , 7..pavIA)6.: tuvz.aNc..t) 7314145HIP W.P DR.616AIA11041: AergicaCTIMIAL. ,P.a5IptAin.41.. , - - . ..• . . • / • • . ' 2i94 • \. ----1;— (,-.2...1..). . . 12.64 AC. • . Ri MATCH . LINE . \„--_,- / • 5838 0 . -3.80 AC. • 1874 2794 . 6.2 AC:A,/ SEE AC. MAP 4-10 • / / / , P/0 155.53 AC. 74.28 C) • A /./.// . . / • ..• . • / • . / . l„../ .5123 1* / .J,...4114k- , • CD C) Ci / / . - . isiwii„..t._ Di ■ , . .142-17k . 3919 Ds r / • • Illy10741111k - If /1 rt, / , • t I .1' - 4tC. ,.....,...4k Ftl • . ,' "-lir air'k_ ; / / . ''' --. III k / /3415 8 II -'' 32 '',-PV / VZ 45'i .4480 I I 103.5 AC. • . ,/----- Ni...) i, r-, / ! 1B I I , l' -3350 4'0 4tv i; 1.12 AC. II II - - I • // /f/ / 6278 '1'264 4.83 AC. 154..B Ii / / . • 88 g i I . . • • c,, / / - I ‘%//// • 3997 I I _ * ._ i / . •--- 3.06 AC. I i . 1 / / * I/ . f • • I 1 • .. //j- 6eAstx::::004.0 1 / . .- ----..„ „.., / c- — . t — ) E / / / / - 1\ 'i . . / \\* • . • \\ i '-;- /fie/ \ . ,-..■ ---.. /• r/.. ' • • ---. -,,. i .•/// • . . ---.. -...„ --.. .....„ .- ...."--..---•. • , i 2928 "... ---... , 1• iC...0 ,s. -...., I 143 • PLANNING DRAFT MINUTES 10-21-85 4 Planning Staff recommends approval. MOTION: Pearson moved to grant approvaL of the FinaL Plat for Annie Mae F. and Joseph Edwards. Seconded by Pitkey. VOTE: Unanimous. b. PROPERTY OF JOHN AND VIDA TUBIOLO — FINAL Presentation by Smith. - • This agenda item is to consider approval, of the Final. Plat for the property of John end Vida Tubiolo. The property in question is Located on. SR 1555 Miter Road) in Hillsborough Township. The property is referenced as Lot 2A on Tax Map 6, Block A. It is bordered by residential development. The tract is designated as AgriculturaL—Residantial in the Land Use Plan. There is one 4.6 acre Lot proposed, excluding the right—of—way. The property is zoned A—R tAgriculturaL—ResidentiaL) . Fire protection for the property in question is provided by the Orange County Sheriff's Department. It will, be patrolled on a 24—hour basis. DeveLopment of this subdivision wouLd have minimaL impact on the area. The PLanning Board and Board of Commissioners recommended approval of this subdivision on September 16, 1985 and September 30, 1985 respectively. The Planning Staff recommends approvaL of the Final PLat. MOTION: Kramer moved to grant approvaL of the Final. PLat for the Property of John & Vida Tubiolo . Seconded by Pearson . VOTE: Unanimous. C. PROPERTY SURVEYED FOR LEONARD J. BROWER — PRELIMINARY Presentation by Smith . 144 PLANNING DRAFT MINUTES 10-21-85 • 5 The property in question is Located on NC 57 in Little River Township. The property is referenced as part of Lot 1 on Tax Map 5. It is bordered by residential and agricultural development. The tract is designated as Agricultural—Residential in the Land Use Plan. There is one . 2.5 acre lot proposed. Little River Township is not zoned, however, the Subdivision Regulations requires that Lots being served by on—site sewage disposal and water systems b e e t least 40,000. square feet in size. • Fire protection for the property in question is provided by the Little River Fire District. Law enforcement is provided by the Orange County Sheriff's Department. It wilt be patrolled on a 24—hour basis. Development of this subdivision would have minimal impact an the area. The Planning Staff recommends approval of .this subdivision with the following condition: • 30 ' drainage easement along the stream which bissects the property. Kizer inquired why this was a major. subdivision . Smith responded this was the fifth Lot cut out of the original tract. MOTION: Pearson moved approval. with staff condition . Seconded by Shanklin . VOTE: Unanimous . d. HERON POND SUBDIVISION — PRELIMINARY Presentation by Smith. This agenda item is to consider approval of the Heron Pond Subdivision, property of Albert A. Willette. The property in question is Located on SR 1005 (Old Greensboro Road) in Bingham Township . The property is referenced as Lot 16C on Tax Map 38. It is bordered by residential development. The tract is designated as Ag ri cu ltu ra t—Residential in the Land Use Plan . There are eight (D) lots proposed out of 26.714 acres . The Lot sizes are 2.182 acres, 2.126 acresa, 2.445 acres, 3.048 acres, 3.294 acres, 2.767 acres, 4.308' ' I {= 14 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date November 4. 1985 Actionmkgende Item #1114 SUBJECT: HERON POND SUBDIVISION — PRELIMINARY DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact: JANE ATWATER CHECKLIST VICINITY MAP PRELIMINARY PLAN DRAFT 10-21-85 PLANNING BOARD MINUTES Telephone Numbers Hillsborough — 732-8181 Durham -- 688-7331 Mebane — 227-2031 Chapel. Hill — 968-4501 PURPOSE: To consider approval of the Heron Pond Subdivision , property of Albert A. Willette. To receive the Planning Board recommendation . NEED: The property in question is Located on SR 1005 (Old Greensboro Road) in Bingham Township. The property is referenced as Lot 16C on Tax Map 38 . It is bordered by residential development. The tract is designated as Agricultural—Residential on the Land Use Plan . There are eight (B) Lots g proposed out of 26.714 acres . The lot sizes are 2.192 acres, 2.128 acres, 2.445 acres, 3.048 acres, 3.294 acres, 2.767 acres, 4.308 acres and 4.433 acres excluding right—of—way. The property is zoned A—R' (Agricultural—Residential) . Access is provided to the site from SR 1005 via an Orange County Private Class "B" road. Fire protection for the property in question is provided by the White Cross Fire District . Law enforcement is provided by the Orange County Sheriff's Department . It will be patrolled on a 24 hour basis. IMPACT: Development of this subdivision would have minimal impact on the area. The projected traffic generation for this subdivision is approximately 53.6 (6 .7 trips x 8 lots) trips per day. According to the Department of Transportation , the 1981 (most current) traffic count is 1500 for. SR 1005 which was determined from the east side of SR 1951 . RECOMMENDATION: The Planning Board recommended approval of this subdivision on October 21 , 1985 with the following condition : Property Lines be platted to the centerline of the right—of—way ; private roads are part of the lot . .................... . MAJOR SUBDIVISION CHECICLIST ' Nk%IE OF SUBDIVISION Heron Pond OWNER OR DEVELOPER Albert Willette ADDRESS PO Drawer 506 Providence, NC .27315 TOWNSHIP Bingham TAX MAP 38 BLOCK _ LOT 16C Fop, M NAME OF SURVEYOR OR ENGINEER - (John Bradner - Dewberry Davis (804) 797-4497 Total number of lots 8 To be developed in 1 phase(s)• Total number of acres_ 26.714 Typical dwelling units at present none or proposed single family WATER SUPPLY: Public (Name) Commnuity Individual X SEWAGE TREATMENT: Public -Community individual. Septic tank X • SCHOOL DISTRICT Orange • ouZ'nfy FIRE DISTRICT White Crdss' Access onto State Road # 1005 Road Standard: Public or Private Class A , 8 , C Existing critical areas such as streams (X), Flood prone areas { ), Watershed t}, Historic Sites ( }, Other { t Explain: Land uses in the general area RaG;asnrja�' SKETCH PLAN RECEIVED (Date) 8-14-RS Approved { } Recommended Changes ( X ) PRELIMINARY PLAN RECEIVED .(Date) PRELIMINARY PLAN RECEIVED (Date) Preliminary Review by I3eaith Department Pnrr�e Ru rn5 10-11-RS Erosion Control Officer mKR zn-2-25 Board of Education Department of Transportation OWASA ( f possible) Other -Mebane (if possible) -Hillsborough (if possible) -Orange/Alamance (if possible) . Preliminary Action by the Planning,Board Approved with a condition 10-21-85• . Preliminary Action by the County Commissioners FINAL PLAT RECEIVED (Date) { } All lots were approved by the•:Health Department . { j Lots failing Health Departments approval are combined or listed properly on the plat ' ( ) Road Maintenance Agreement submitted (where applicable) . , Approved { ), Improvements have been provided for,- .completed; bond, letter of credit, cash. Date ( ) Final OWASA approval (where applicable) on'all plans a specifications, Date { } Final DOT approval on. plat ( } Final action by the Planning Board Al fit N 782 O a � 14"e W /}PPU CA�1�'.: q.n T A. wl,Ls CUt%RA�AL pID.NIIAL ZON IN&: A-2 Ate► terwiAt, we Ops14NATio a1: A64414"1214"- `� 62 1003' aw 62 _ _ 'f _ir GD .9839 c '6 20.14 A C. 0 38. ' AC' Fpxr4012D 1161181 Ac. SPRIN � r �: [NDlA su�t�uiston! amt: 1320 • (ID =22 AC. < •5130 41t - ' GO N 780,OC• :it. 41114/1411101, s , ,.... 2 ..,„ ,..., r 5 6.54 AC. Y / 37 f ,a 8 ii,' . IF •-............. 260? 5cAl.L: 1"= 400L0U 1 7126 3 fi . 17 68 N 778,00 r 1 L. .14E PLANNING DRAFT MINUTES 10-21-85 The property in question is Located on NC 57 in Little River Township. The property is referenced as part of Lot 1 on Tax Map 5. It is bordered by residential and agricultural development. The tract is designated as Agricultural—Residential in the Land Use Plan. There is one 2.5 acre lot proposed. Little River Township is not zoned, however, the Subdivision Regulations requires that Lots being served by on—site sewage disposal and water systems be at Least 40,000 square feet in size. Fire protection for the property in question is provided by the Little River Fire District. Law enforcement is provided by the Orange County Sheriff's Department. It will be patrolled on a 24—hour basis. Development of this subdivision would have minimal impact on the area. • The Planning Staff recommends approval of this subdivision with the following condition : 30° drainage easement along the stream which bissects the property. Kizer inquired why this was a major subdivision . Smith responded this was the fifth Lot cut out of the original tract. MOTION: Pearson moved approval with staff condition . Seconded by Shank tin VOTE: • Unanimous. • d. HERON POND SUBDIVISION — PRELIMINARY Presentation by Smith. This agenda item is to consider approval of the Heron Pond Subdivision , property of Albert A. WiLtette. The property in question is located on SR 1005 (Old Greensboro Road) in Bingham Township . The property is referenced as Lot 160 on Tax Map 38. It is bordered by residential development. The tract is designated as Agricultural—Residential in the Land Use Plan . There are eight (8) lots proposed out of 26.714 acres. The Lot sizes are 2.192 acres, 2.126 acrese, 2.445 - - acres, 3.048 acres, 3.294 acres, 2.767 acres, 4.308 14 G PLANNING DRAFT MINUTES 10--21-85 • 6 acres and 4.433 acres excluding right—of—way. The property is zoned A—R (Agricultural—Residential) . Access is provided to the site from SR 1005 via an Orange County Private Class "8" road. Fire protection for the property is provided on a joint basis by the North Chatham and Eli Whitney Fire Districts. Law • enforcement is provided by the Orange County Sheriff's Department. It will be patrolled on a 24—hour basis. Development of this subdivision would have minimal impact on the area. The projected traffic generation for this subdivision is approximately 53.6 (6.7 trips x 8 lots) trips per day. According to the Department Y of Transportation, the 1981 (most current) traffic count is 1500 for SR 1005 which was determined from the east side of SR 1951 . The Planning Staff recommends approval of this subdivision. Walters expressed concern with joint ownership of - the pond on the south side of Lot 7. Smith responded that the Board could require a dam maintenance agreement. Walters asked if the road was adequate for future _ subdivision and Smith responded there was sufficient right--of—way. Kizer inquired the 'Location of this subdivision . Smith Located the subdivision on the tax map and noted that it abuts Indian Springs subdivision . Yuhasz inquired why these Lots were not platted to the centerline of the road and if the staff position had changed on this requirement . Smith responded this was an error and that lots should be platted to the centerline of the road. Pearson noted that if the road is to be state maintained at a later date, it must be replotted to provide dedicated right--of—way to the State. Smith noted that the County Attorney had advised that Lots be platted to the centerline of the road to assure ownership of property within the private right—of—way. MOTION ; Shank li n moved approval of Heron Pond Preliminary Plan with lots platted to the centerline of the road. Seconded by Pearson . VOTE: Unanimous. 150 PLANNING DRAFT MINUTES 10-21-GG 7 Kizer noted that this subdivision is now in the White Cross Fire District. e. SOUTH FORK SECTION III — PRELIMINARY , Presentation by Kirk. This agenda item is to continue consideration of approval, of the Preliminary Plan for South Fork Section III . On September 18, 1985, the Planning Board requested that staff further investigate sight distance conditions at the site. The property in question is Located in Litt Le River Township on NC 57. It is known as Lot 9, Tax Map 24. . There are five lots proposed out of 13.5 acres with each Lot having frontage on NC 57. The smallest Lot is 1 .3 acres while the Largest tot is 7.3 acres. The property is not zoned and is designated Agricuttural- , Residantiat in the Land Use Pten . It is Located in the Little River Fire District. Section I and II provided for the development of 10 acre tracts north of the subdivision in question. NC 57 is considered an arterial in the Orange County • Land Use Plan and had a 1984 average daily traffic count of 1200. This subdivision would add approximately 34 trips per day to NC 57. There are no streams Located on the property. At the staff's request, NCDOT reviewed the sight distances and found them to be adequate in both directions . The Planning Staff recommends approval with combined driveways between Lots 2 and 3 and Lots 4 and 5. MOTION: Pearson moved approval of South Fork Section III Preliminary PLan with the staff condition . Seconded by ShankLin . I C ; VOTE: Unanimous . f. FOX MEADOW — SECTION III Presentation by Smith . 5# . 151 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date November 4, 1985 Actionenda Item # SUBJECT; SOUTH FORK SECTION III — PRELIMINARY DEPARTMENT: PLANNING PUBLIC HEARING Yes X Na Attachments] Information Contact: EDDIE KIRK CHECKLIST VICINITY MAP PRELIMINARY PLAN DRAFT 10-21-85 PLANNING BOARD MINUTES Telephone Numbers Hillsborough — 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel Hill — 968-4501 PURPOSE: To consider approval of the Preliminary Plan for South Fork Section III . On September 18, 1985 the Planning Board requested that staff futher investigate sight distance conditions at the site. NEED: The property in question is Located in Little River Township on ty NC 57. It is known as Lot 9, Tax Map 24. There are five lots proposed out of 13.5 acres with each Lot having frontage on N.C. 57. The smallest lot is 1 .3 acres white the Largest lot is 7.3 acres. The property is not zoned and is designated Agricultural Residential in the Land Use Plan . It is located in the Little River Fire District. Section I and II provided for the development of 10 acre tracts north of the subdivision in question . IMPACT: N.C. 57 is considered an arterial in the Orange County Land Use Plan and had a 1884 average daily traffic count of 1200. This subdivision would add approximately 34 trips per day to N.C.57. There are no streams Located on the property. At the staff's request, N.C. DOT reviewed the sight distances and found them to be adequate in both directions . RECOMMENDATION: The Planning Board recommends approval with combined driveways between lots 2 and 3 and lots 4 and 5. MOM MAJOR SUBBDIVISION CHECKLIST NAME OF SUBDIVISION SOUTH -FORK SECTION III' OWNER OR DEVELOPER ROY WILKERSON ADDRESS RT. 2 BOX 1250, HILLSBOROUGH 732-2760 C"• TOWNSHIP Little River TAX MAP 24 BLOCK - LOT 9 NAME OF SURVEYOR OR ENGINEER ALOIS CALLEMYN Cn Total number of lots 5 To be developed in 1 phase(s) , Total number of acres 13.5 Typical dwelling units at present Farm Shed or proposed_ Single Family WATER SUPPLY: Public (Name) Commnuity Individual X SEWAGE TREATMENT: Public Community Individual Septic tank X SCHOOL DISTRICT Oran e�t�4 FIRE DISTRICT Little River . Access onto State Road $ NC 57 Road Standards Public X or Private Class A Existing critical areas such as streams ( }, Flood prone areas — -r c ' C Explain: N/A ( )r Watershed ( ), Historic Sites { }, Other ( ) Land uses in the general. area Wooded Resldential & Farmland SKETCH PLAN RECEIVED (Date) - Approved { x ) Recommended'Changes ( ) PRELIMINARY PLAN RECEIVED (Date) - -0 REVISED PRELIMINARY PLAN RECEIVED (Date) Preliminary Review by Health Department q-q-Rr, Erosion Control Officer -1 - 1 Board of Education Department of Transportation 10E=g5� OWASA (if possible) Other -Mebane (if possible) -Hillsborough (if possible) Preliminary Action by the Planning Board -Orange/Alamance (if possible) n 10-21-$ Preliminary Action by the County Commissioners FINAL PLAT RECEIVED (Date) ( ) All lots were approved by the Health Department ( ) Lots failing Health Departments approval are combined or listed properly on the plat ( ) Road Maintenance Agreement submitted (where applicable). Approved ( } Improvements. have been provided for; completed; bond, letter of credit, cash. Date ( ) final OWASA approval (inhere applicable) on'all plans & specifications, Date ( } Final DOT approval on plat ( } Final action by the Planning Board - r? c 8 \N„. .. ::' ' _ . co . 101.00504: 4 3 8 , _9939 A . . ,_, / I ---" C) ,1755 10.19 8743 10.05 AC. - 0 2.6,AC ---., N 1 I • --- C) • „ SOUTH FORK SEC. ITh LUP Designation: Agricultural Residential \\ 41) 5022 t 1 0 ...„ . 44 46 A`C. IN 1 1 Ilithi. -9373 ...isN..,, A.,/ 0-, _odd/ I 0 6806 ' N. N 1 \ / / 0 LEGE 7 9881 TOWNSHIP LINE RAILROAD 154 PLANNING DRAFT MINUTES 10-21-85 7 Kizer noted that this subdivision is now in the White Cross Fire District. ;)(C e. SOUTH FORK SECTION III — PRELIMINARY Presentation by Kirk. This agenda item is to continue consideration of approval, of the Preliminary - Kan for South Fork Section III . • On September 18, 1985, the PLanning Board requested that staff further investigate sight distance conditions at the site. The property in question is Located in LittLe River Township on NC 57. It is known as Lot 9, Tax Map 24, There are five Lots proposed out of 13.5 acres with each lot having frontage on NC 57. The smallest lot is 1 .3 acres while the Largest Lot is 7.3 acres. The property is not zoned and is designated AgricuLturat Residentiat in the Land Use PLan . It is Located in the LittLe River Fire District. Section I and II provided for the deveLopment of 10 acre tracts north of the subdivision in question. • NC 57 is considered an arteriat in the Orange County Land Use Plan and had a 1984 average daily traffic count of 1200. This subdivision would add approximately 34 trips per day to NC 57 . There are no streams located on the property. At the staff's request, NCDOT reviewed the sight • distances and found them to . be adequate in both directions . The Planning Staff recommends approvat with combined • driveways between Lots 2 and 3 and Lots 4 and 5. MOTION: Pearson moved approval. of South Fork Section III Preliminary PLan with the staff condition . Seconded by Shank tin . VOTE: Unanimous. • f. FOX MEADOW — SECTION III • Presentation by Smith . • { 4' - 155 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date November 4. 1985 Action .Aaend a Item ti SUBJECT: FOX MEADOW — SECTION III DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact: SUSAN SMITH PRELIMINARY PLAT CHECKLIST VICINITY MAP SUBDIVISION MAP AGENCY COMMENTS DRAFT 10-21-85 PLANNING BOARD MINUTES Telephone Numbers Hillsborough — 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel Hill — 96B-4501 PURPOSE: To consider approval of the Preliminary Plat for Fox Meadow— Section III . To receive the Planning Board 's recommendation . NEED: The property in question is Located in Chapel Hill Township off Rogers Road [SR 1729) . It is known as Tax Map 23 Block C Lot 29 in Chapel Hill Township . There are 29 Lots propsed out of approximately 31 .81 acres . All lots all proposed to be developed at a minimum lot size of 40,000 square feet , excluding rights—of—way. IMPACT: The property is zoned R-1 and is designated Twenty Year area . Surrounding properties are zoned Residential-1 and include undeveloped Land and Land developed for residential purposes. The applicant proposes to phase development of the site in two phases. Each phase allows the development of approximately 1/2 of the total number of lots in the subdivision . All roads proposed to serve the development are to be constructed to NCDOT subdivision road standards and dedicated public. The original road Layout and sight distance of Bugle Court was unsuitable to NC DOT; the applicant subsequently revised the plat to satisfy NC DOT sight distance requirements. L. • 15t FOX MEADOW — SECTION III NOVEMBER 4, 1985 PAGE 2 Oral acceptance by NC DOT of the genera ! revised Location of Bugle Court was given on 10-16-85. The property is to be served by individual well and septic tanks. The Health Department has not approved 7 lots (#28, 31 , 39, 40, 41 , 46, 48) for septic tanks. The applicant can either combine these unusable properties with other Lots or place a notation on the plat as to the restricted nature of the lots for building purposes and record a legal document approved b the County Attorney stating the same. by Police, fire and rescue services will be provided by Orange County Sheriff's Department, New Hope Volunteer Fire Department, and the South Orange Rescue Squad. Staff solicited Town of Carrboro courtesy review comments and responded to same in the review and conditional approval of the preliminary plan . RECOMMENDATION: The Planning Board recommends approval with the following conditions: (1 ) 50' 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 legal document providing notice of same. The plat notation should read as follows: These Lots are is 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' easement on the west side and a 25' easement on the east side of the stream flowing north through lots #28, 29, 30, 31 , 32, 33, 39 and 46 and a 25' 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. 157 FOX MEADOW — SECTION III NOVEMBER 4, 1985 PAGE 3 (6) Written certification must be received from NCDOT prior { to BOCC review of the PreLiminary Plat (ADDED BY THE PLANNING BOARD 10-21-85) (SEE ATTACHED LETTER FROM NCDOT DATED 10-28-65) fx cw I, d 6333 SEE o MAP 2C`-7A F:0 657.71 AC CAL �, n C-----•--»--__ .-._».. +r SERT c J w 42 _ �n . tall 2 TAG I CA ' 12A)A a: t3.3AG t� 13 tAf 3 -J: FOX MEADOW-SECTION II u' Q �- PP�tCANT� 1A�CYI�O Sz4 CORPORATION (' oning: R-2 4te7 2f78 `n UP Designation: 2Q Foq., a U.�za yr Transition ! . 3 , t 1 Cale: 2" - 400' 1 s+ it 39 n c f R _.sffs6 �o �+ 7529 L35 �! s t ' 139+ AC,. 10' r 8A `! 3735 2,07'a7 T lAAF?3fl ^ 56 hC' f 1.5AAC viuos 'Iy 604 ${- 7571 t tU lie r -r tl m -3 Air fi 4563 249 7289 92280259 2208 3286 76 ba 11: 2yy (SU8- 1rV. 9196 , tj at �1C� n 2.Od ' •j{•;YJ_1fiFF�Y !.> '31S t} 19A 1�'R• n� F;7n1E? 5) A , Isn�tip «llA4 a -:- � i` •• °366 89¢7 OR �„•�.r.==(.•'.FttV• _,_._ .. u u �4 -tr' v' 1.54 to tO ut o't {20 ,,,�, '.f4 r,•r ' rV lV rV n, >n f u � y}4 i•'� f�Jf •.{r.r.. .9 A, ' b f9 e a , •1 7814 * f"x` { 14 i 1Ar 6 t 1r044C y+rct•-+r• ��?�� 16� r..�__`•u1�C1 ' r 2't ' 950 7°�ZtG}.!r�N X07 =•-: . .... •__,-� ;?;•1 ( lam 1 �;3'J"2`; t .., '>a7:?,. -'5001 t r rm mv,,l pq J• ri f ;;i , <W .0 55 llG J �y;` 1 � 1/ •ti 1 , SE. MAP I F)r) I()q 1 .ij1 rcJ ( tM.f_e iiil ' J ra J 111, s ( 315IAC s°• ':rr, r yr' rr,ui .iy ;ry ,Nt.46 i f _'� _ »... ____�_ ._-_ rr,+r,'rnl;ix•r, 5Ef' M,1 I. r •,,, i'rin r MAJOR: SUBDIVISION'CHECKLIST NAME OF SUBDIVISION Fox Meddow Section III OWNER OR DEVELOPER First Tallyho Corp. ADDRESS 3938 Dover Road, Durham, N. C. 27707 TOWNSHIP Chapel Hill TAX MAP 23 BLOCK C LOT 29 NAME OF SURVEYOR OR ENGINEER- Steve Yuhasz Total number of lots 29 To be developed in � 2 phase(s). Total number of acres 31.81 Acres Typical dwelling units at present - or proposed 29 WATER SUPPLY: Public (Name) Commnnity Individual X SEWAGE TREATMENT: Public . -Community Individual Septic. tank SCHOOL DISTRICT " ' FIRE DISTRICT Access onto State Road # 1729 Road Standard: Public X or Private Class A , B , C Existing critical areas such as streams (X), Flood prone areas ( ), Watershed Historic Sites ( } , Other ( ) Explain: Land uses in the general area Resideijftal SKETCH PLAN RECEIVED (Date) 9-23-85 Approved ( } Recommended Changes ( X ) PRELIMINARY PLAN RECEIVED •(Date) 10-2-85 REVISED PRELIMINARY PLAN RECEIVED (Date) 10-3-85 also 10-16-8 Preliminary Review by Health Department 10-3-85 Ron Holdwa Lots 28 31 3'9 44 Erosion Control Officer'.110-18-85 MKk Board of Education 1Q_3_85 41, 4 10,140 Un5UXr-cw partment of Transportation l0-15-85 OWASA (if possible) Other Carrboro 10-15-85 .-Mebane (if possible) -Hillsborough (if possible) Orange/Alamance (if possible) Preliminary Action by the Planning Board Approved 10/21/85 with revised conditions Preliminary Action by the County Commissioners FINAL PLAT RECEIVED (Date) ( ) All lots were approved by the Health Department ( ) Lots failing Health Departments approval are combined or listed properly on the plat ' ( ) Road Maintenance Agreement submitted (where applicable) . Approved ( ) Improvements have been provided for; completed; bond, letter of credit, cash. Date ( ) Fina3 OWASA approval (where applicable) on•all plans & specifications, Date C ( ) Final DOT approval on plat ( ) final action by the Planning Board Cn 16C #SrAlr„. &5 . 5 14. B ‘%. r Zo. STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Greensboro, NC 27429-0278 JAMES G.MARTIN October 24, 1985 GOVERNOR DIVISION OF HIGHWAYS JAMES E.HARRINGTON SECRETARY •Ci!E '71Di Ms. Susan J. Smith, Planner Orange County Planning Department Hillsborough, NC 27278 Dear Ms. Smith: This is in reference to Fox Meadow Section Three Development. The relocation of Bugle Court as shown on revised plan dated October 15, 1985 should provide adequate sight distance along Tallyho Trail . These plans are acceptable from a safety standpoint. If we can be of any further help, please advise. Sincerely, , /- J W. Watkins DIVISION ENGINEER JWW/DBK/gm cc: Mr. D. B. Kelly An Annnrrnott,I $4;•••••••••■....... A ... r.,., 1 0 ..... ‘,•, • _ t ..... • ----74T.F.Titvv-RI----, J , --• .17 ;I • 01,, ,ik•-11211:Yi:-1 -11 STATE OF NORTH CAROLINA , • DEPARTMENT OF TRANSPORTATION Greensboro, NC 27429-0278 JAMESaMARTIN October 15, 1985 • GOVERNOR DIVISION OF HIGHWAYS , . JAMES E.HARRINGTON • SECRETARY - ,.., : . = Ms. Susan J. Smith • Planner . Orange County Planning Department Hillsborough, NC 27278 Dear Ms. Smith: This is in reference to preliminary plans for Foi Meadow Section III. Bugle Court tees into Tallyho Trail on the inside of a curve. Based .-. on a residendial speed limit of 35MPH, the sight distance from Bugle i r Court looking along Tallyho Trail is inadequate. A sight distance of - , 350 feet is recommended that Bugle Court be relocated to intersect Tallyho Trail so that 350 feet of sight distance is provided. If we can be of any further help please advise. - ' Sincerely, W. Watkins DIVISION ENGINEER f., - • , JWW/DBK/cb / , . t• ' cc: Mr. D. B. Kelly - - ' • . 1 • • . An Equal Opportunity/Affirmative Action Employer 1 p • 162 Comments from Greg Shepard lS-)rC I j7 u mig-e,s, u RE: Fox Meadow Section III Chapel Hill Township Off of Rogers Road 1. Question need to provide R.O.W. access to adjoining properties in vicinity of lots 41-43, 37-39 and 25-27 in consideration of overall development plan for the area. • "L.S, . • 162 • COMMENTS FROM ROY WILLIFORD .111/4.-1--05" 1. . Culvert size? 2. Lots 31 and 32 may have constraints due to bisecting creek situation. 3. Will land support the number of septic systems proposed?. SI 4 • • • • • • • '0 • • • • • ti• • • , • • • • • • • . • 164 New Hope Volunteer Fire Department E fT5. of Orange County, Inc. E) D, Station No.I Route 2 Station No.2 Whitfield Road Chapel 1lilLN C.27514 Hwy.86 North Comments from Mike Tapp, Fire Chief RE: Foxmeadow Section III • Chapel Hill Township Located off of Rogers Road 1. Approved county road name signs should be erected in the existing • Fox Meadow subdivision in addition to Section III for emergency . personnel in the event of fire, rescue or law enforcement. 2. Cul-de-Sac at the end of Tally Ro Trail should be of the same radius as the Cul-de-Sac on the end of Bugle Court so emergency vehicles can safely turn around to exit. • • EKAMPLE: LOI'S DETERMINED AS UNSUITABLE 16 BY HEALTH DEPAMMENIT NORTH CAROLINA NOTICE • ORANGE COUNTY Notice is hereby given that the parcels of land hereinafter described 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 • of the Orange County Subdivision Regulations. The parcels of land are situate in Hillsborough Township, Orange County North Carolina and is more particularly described as follows: • BEGINNING at an iron stake, a new corner and being the Northeast corner of Tract No. 1 shown on the plat hereinafter referred to. thence froth th said Beginning Point along the South line of Don Collins property S 87° 57' 55" East 596.69 feet to an iron stake, a new corner and being a common corner between Tracts 2 and 3 on said plat; thence continuing on the South line of said Collins property S 87° 57' 55" East 611.65 feet to an iron stake, a control monument at the Southeast corner of said Don Collins property; thence S 010 16' 00" Vest 324.03 feet to a rock pile, a croner in - the line of the property of H.S. Willis and D.B. Amos; thence along said property line as follows: N 87° 26' 59" West 363.00 feet, N 02° 33' ol" East 65.00 feet, N 87° 26' 59" West 210.00 feet, S 02° 33' 01" West 65.00 feet and N 87° 26' 59" West 57.00 feet to an iron stake at another ccaron corner between said Tracts 2 and 3; thence continuing along the North line of said W11 1i and Amos property and the North line of property of Stanley Peele N 87° 26' 59" West 483.48 feet to an iron stake in the North line of • said Peele property; thence continuing along the North line of • said Peel property N 87° 26' 59" West 96.52 feet to an iron stake at the Southeast corner of said Tract No. 1; thence along the East line of that tract N 01° 32' 10" East 313.12 feet to the Beginning Point, same being Tract No. 2 and Tract No. 3 as • shown on the plat entitled "PROPERTY OF CARBaE COPELAND", as - surveyed by Alois Calleniyn, Registered Land Surveyor, June 30, 1980, said plat being duly recorded in the Orange County Registry _ In Plat Book , Page Witness our hands and seals- this , day of October, 1980. (SEAL) •(MFRS NAME (SEAL) WIFE'S NAME NORTH CAROLINA • ORANGE COUNTY 16€ PLANNING DRAFT MINUTES 10-21-85 7 Kizer noted that this subdivision is now in the White Cross Fire District. e. SOUTH FORK SECTION III — PRELIMINARY •• Presentation by Kirk. This agenda item is to continuo consideration of approval, of the Preliminary Plan for South Fork Section III . • On September 16, 1985, the Planning Board requested that staff further investigate sight distance conditions at the site. The property in question is Located in Little Giver . Township on NC 57. It is known as Lot 9, Tax Map 24. There are five Lots proposed out of 13.5 acres with • each Lot having , frontage on NC 57. The smallest lot is 1 .3 acres while the Largest Lot is 7.3 acres. The property is not zoned and is designated Agricultural- - Residential in the Land Use Plan . It is Located in the Little River Fire District. Section I and II provided for the development of in acre tracts north of the subdivision in question. NC 57 is considered an arterial in the Orange County Land Use Plan and had a 1984 average daily traffic count of 1200. This subdivision would add approximately 34 trips per day to NC 57. There are no streams Located on the property. At the staff's request, NCOOT reviewed the sight distances and found them to be adequate In both directions . • The Planning Staff recommends approval with combined driveways between Lots 2 and 3 and Lots 4 and 5. MOTION: Pearson moved approval of South Fork Section III Preliminary Plan with the staff condition. Seconded by Shanklin .•VOTE: Unanimous . Ntor_ "21‘— f. FOX MEADOW — SECTION III Presentation by Smith . • 1.67 PLANNING DRAFT MINUTES 10-21-95 • This agenda item is to consider approval of the Preliminary Plat for Fox Meadow — Section III . The pioperty in question is Located in Chapel Hill Township off Rogers Road [SR 1729) . It is known as • Tax Map 23 Block C Lot 29. There are 29 Lots proposed out of approximately 31 .81 acres. ALL lots are proposed to be developed at a minimum lot size of 40,000 square feet, excluding rights—of—way. The property is zoned R-1 and is designated Twenty Year area. Surrounding properties are zoned Residential-1 and include undeveloped Land and Lend developed for residential purposes. The applicant proposes to phase development of the • site in two phases. Each phase allows the development • of approximately 1/2 of the total number of Lots in • the subdivision. All roads proposed to serve the development are to be constructed to NC DOT subdivision road standards and dedicated public. The original Toad layout and sight distance of Bugle Court was unsuitable to NC DOT; the applicant subsequently revised the plat to satisfy NC DOT sight distance requirements. Oral acceptance by NC DOT of the general revised location of Bugle Court was given on 10-16-85. The property is to be served by individual well and septic tanks. The Health Department has not approved 7 Lots (#28, 31 , 39, 40, 41 , 46, 46) for septic tanks. The applicant can either combine these unusable properties with other Lots or place a notation on the • plat as to the restricted nature of the tots for building purposes and record a Legal document approved by the County Attorney stating the same. Police, fire and rescue services will be provided by Orange County Sheriff's Department , New Hope Volunteer Fire Department and the South Orange Rescue Squad. Staff solicited Town of Carrboro courtesy review comments and responded to same in the review and conditional approval of the preliminary plan . • The Planning Staff recommends approval with the following conditions: 1.y 16 PLANNING DRAFT MINUTES 10-21-85 9 (1 ) 50' radius for temporary cut—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, 81 , 39, 40, 41 , 46 and 48 are restricted for development purposes and recordation of legal document providing notice of same. The plat notation should read as follows: These tots 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. (41 Further review and recommendation of the Soil and Erosion Control Officer on the Location and depth of drainage easements. This recommendation will be presented at the Planning Board meeting and will be addressed as an additional condition of approval . • (5) Road improvements plans must be submitted to and aproved by the North Carolina Department of Transportation prior to approval of the Final Plan . Gordon noted that written certification from NC DOT was required. Smith responded that due to vacation, NC DDT representatives had not received the request until a few days ago . Based on NCDOT's comments the applicant had revised the plan . NCDOT had not had time to prepare a written response but an oral response was received. Smith advised that the Board not table this item but that they recognize NCDOT must approve road plans before Final approval may be granted. Gordon continued stating that a condition should be added stating that written comment from NC DOT must be received before this application is forwarded to the Board of Commissioners . Best referred to Greg Shepherd's comments about R--O—W access to adjoining Lots. Smith reviewed the access for all adjoining lots .' • 11C PLANNING DRAFT MINUTES 10-21-85 10 MOTION: Pearson moved approval, of Fox Meadow Section III Preliminary Plat with the five staff conditions and the condition that written certification be received from NC DOT. Seconded by Best. VOTE:.e In favor 8. Abstentions E [Yuhasz) Opposed I. (Jacobs — due to lack of recreation area) Jacobs stated that he was concerned about the Lack of provision of recreation area. g. NORTH DIXIE — SECTION III — PRELIMINARY This agenda item is to consider approval of the Preliminary Plat for North Dixie Section III . The Board of Commissioners approved on R-3 rezoning of the property on September 30, 1985. The property is located in HiLlsborough Township at the Harper Street [SR 1395] and Dixie Avenue intersection. It is known as part of Lot 17 Block A Tax Map 5 in Hillsborough . There are 30 lots proposed out of approximately 12.4 acres. Lots .10-26 and 30-39 have 15,000 square foot minimum Lot sizes. Lots 27-29 are Located within the Town of Hillsborough 's planning jurisdiction. They are zoned R-40 and are to be developed at 10,000 square foot minimum Lot sizes. The property north of this parcel is zoned R-40. Other surrounding property is zoned R-10 and institutional within the Town of Hillsborough 's jurisdiction and A—R and R-1 within Orange • County's jurisdiction . The applicant is proposing phased development of the site into four phases. Phase I allows the • development of all road frontage lots along Harper Street and Dixie Avenue; remaining phases provide • for development of lots served by proposed col—de— sacs. The property is to be served by the Hillsborough water and sewer systems. ALL roads proposed to serve the development are to be constructed to • NCDOT subdivision road standards and dedicated r _ ORANGE COUNTY 171 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date November 4. 1985 Action ijenda Item #� SUBJECT: NORTH DIXIE — SECTION III DEPARTMENT: PLANNING PUBLIC HEARING Yes X No • Attachment(s) Information Contact : SUSAN SMITH PRELIMINARY PLAT CHECKLIST VICINITY MAP SUBDIVISION MAP PRELIMINARY WATER AND SEWER PLAN AGENCY COMMENTS DRAFT 10-21—B5 PLANNING BOARD MINUTES Telephone Numbers Hillsborough -- 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel Hitt — 968-4501 PURPOSE: To consider approval of the Preliminary Plat for North Dixie — I Section III . The Board of Commissioners approved an R-3 rezoning of the property on September 30, 1985. To receive the Planning Board's recommendation . NEED: The property in P Y question is located in Hillsborough Township at the Harper Street (SR 1395) and Dixie Avenue intersection . It is known as part of Lot 17 Block A Tax Map 5 in Hillsborough. There are 3D lots proposed out of approximately 12.4 acres. Lots 10-26 and 30-39 have 15,000 square foot minimum Lot sizes. Lots 27-29 are located within the Town of Hillsborough 's planning jurisdiction. They are zoned R-40 and are to be developed at 10,000 square foot minimum Lot sizes . IMPACT: The property north of this surrounding parcel is zoned R-40. Other g property is zoned 8-10 and institutional within the Town of Hillsborough 's jurisdiction and A—R and R-1 within Orange County's jurisdiction . 172 NORTH DIXIE - SECTION III NOVEMBER 4, 1985 PAGE 2 The applicant is proposing phased development of the site into four phases . Phase 1 allows the development of all road frontage Lots along Harper Street and Dixie Avenue; remaining phases provide for development of lots served by proposed cut de-secs . The property is to be served by the Hillsborough water and sewer systems . ALL roads proposed to serve the development are to be constructed to NCDOT subdivision road standards and dedicated public. Harper street and Dixie Avenue are public streets . Police, fire and rescue services will be provided by Orange County Sheriff's Department, Orange Fire Department and Orange Rescue Squad . The Hillsborough Planning Board to reviewed this request on October 17, 1985. Their comments, have been incorporated in the conditions of approval. RECOMMENDATION: The Planning Board recommends approval with the following conditions: (1 ) 30' minimum drainage easements (2) 50' radius for temporary cul-de-sac on proposed lower Loop Road (3) ROW for Dixie Avenue (4) typical Lot Layout for tots with the Town of Hillsborough planning Jurisdiction (R-10 zoning district applicable to lots 27, 28 and 29) (5) all lots meat the minimum dimensional requirements of Orange County and the Town of Hillsborough . (8) review and approval of the preliminary utility Layout by the Town of Hillsborough Water and Sewer Superintendent and Commissioner . 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 (ADDED BY PLANNING BOARD 10-21-85) t 5? IV 48 A(: h2 �'SSa7 A , �457b Stt:M1 tt - ti tt•ZC. _ wttKnc�rrt t ' mAt- �;••i:•. / / 1 ,� AG. Z yrtt_KtHStSEC11 i[S _3:2 n . 3 ACF r,l `,• t_ f� SEE tl /i MAP 5A � 4556 ILAND �v1 NUH_ WOODS) t j� •Ul s. MAP 513 4 , µv - , W1LKFli -- AC +� f t Z° NORTH DIX1C- SEG�t��t� Z _. 5g f' (p� p 8242 F1AtJ�AL� �U� r it 4Ar4� 1 1 :1175'f' APPLICANT R-3 on o4f_68 6 l:,jj jsGas + Z 10yr Transits esi nation: Q _ t _ 400 � �\?1 ,xn.v�E SGCtte; d t,t 1 21.76 AC. �1 A r J r 1OB j r t„cyrt � y7tYa r,►tmT . g S nE [xf-IbPT ry'� }`v96Pi. f AC � j trtt t st,th,tx p j 9 �nuNC• 5144 1yA} t }t tAt.rnNf t !! _i-AC_ - \ (' S ���7ah6 t t,Y�S 1 ..,.,r •.,,e rat 11 �E ��;�� 26`1 AC. �•, ..j ++ t. 580; ., t�••`� tf. .t t 1.3 .r „ •. ? ?.t 8G2 ,� C.'_�� 11j� 9283 ts, 047 li}2 h1l/GBryF M�{ 8 an. •. 1:.'1444 MAZOR SUBDIVISION CHECKLIST ' MME, OF SUBDIVISION NORTH DIXIE OWNER OIt DEVELOPER RQAERT & RACHEL SCHOLAR ADDRESS HILLSBOROUGH TOWNSHIP, ORANGE COUNTY, NORTH CAROLINA'. TOWNSHIP HILLSBOROUGH TAX MAP 5 BLOCK A LOT 17 NAME OF SURVEYOR OR ENGINEER . ENT' LAND SURVEYS Total number of lots 30 To be developed in 4 phase(s) . Total number of acres 12.1+ Typical dwelling units at present or proposed WATER SUPPLY: Public {Name} Hillsborough Commnnity Individual SEWAGE TREATMENT: Public Same -Community Individual Septic tank SCHOOL DISTRICT Orange ountY FIRE DISTRICT 'Hillsborough Volunteer Access onto State Road # 1595 Road Standard: '-Public X or Private Class A , B , C Existing critical areas such as streams Flood prone areas ( }, Watershed (}, Historic Sites ( }, Other { } Explain: None Land uses in the general area e Vacant SK=- CH PLAN RECEIVED (Date) 9-85 Approved ( X) Recommended Changes ( } PRELIMINARY 'PLAN RECEIVED .(Date) 10-1-85 REVISED PRELIMINARY PLAN RECEIVED (Date) 10-7-8s Preliminary Review by health Department NIA Erosion Control Officer O- Board of Education 10-9-85 Department of Transportation OWASA (if possible) ' Other, Mebane (if possible) -Hillsborough (if possible) 10-17-85 (Planning Hoard Orange/Alimance (If mssible) • ' Preliminary Action by the Planning-Board A 'rbued' with d 1O 2 Preliminary Action by the County Commissioners FINAL PLAT RECEIVED {Date} { } All lots were approved by the Health Department { } Lots failing Health Departments approval are combined or listed properly on-the plath ' ( } Road Maintenance Agreement submitted (where applicable) . Approved ( } Improvements have been provided for; completed; bond, letter of credit, cash. Date ( } Final OWASA approval (where applicable) on'all plans & specifications, Date ( } Final DOT approval on. plat { } Final action by the Planning Board 1r5.1 -13)E C E Vii [ , zAr-. ,e;F7444, 175 • STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION • Greensboro, North Carolina 27429-0278 JAMES G.MARTIN GOVERNOR October 15, 1985 DIVISION OF HIGHWAYS JAMES E.HARRINGTON SECRETARY Ms. Susan 3. Smith Planner Orange County Planning Department Hillsborough, N. C 27278 Dear Ms. Smith: ',Jt! This is in reference to the preliminary plan of the North Dixie Section III in Orange County. The plans are acceptable at this time.. If we can be of any further help, please advise. Sincerely, ■ .71-f I '71: 77-7 r: W. Watkins DIVISION ENGINEER JWW/DBK:pc cc: Mr. D. B. Kelly A An Equal Opportunity/Affirmative Action Employer Mayor Town Clerk Frank N. Sheffield, Jr. HILLSBOROUGH, NORTH CAROLINA 27278 Agatha Johnson Commissioners Supt. Water Works • Lynwood J. Brown James Pendergraph Horace H. Johnson �� k, Street Supt. Allen A. Lloyd E. D. Wagoner Remus J. Smith 4 I! 8 ner r Chief of Police Rachel H. Stevens E,1�FFMS y. /' -: Arnold W. Hamlett 4 W ,y '"ire Chief 4. John Forrest October 17, 1985 Susan Smith, Planner Orange County Planning Department 106 E. Margaret Ln Hillsborough, NC 27278 Dear Susan:: . • On October 17 the Hillsborough Planning Board reviewed Section-3 of the North Dixie subdivision. The board agreed with the conditions of .; approval stated by the Orange County planning department staff, and added' the following conditions: 1. Illustrate lot layout which meets the town's zoning reugirements. 2. Indicate the right-of-way along Dixie Ave.' 3. Show the dimension for the temporary cul-de-sac off Lower Loop Rd. Board members agreed that there must be an official letter from tbe. town indicating that water and sewer are available' to the site. , The board also questioned whether there was actually enough water pressure to serve s the site, even with the proposed water tower. If possible,,members are interested in receiving any traffic information provided by NCDOT, as well as NCDOT comments about the project when this is provided• to County planning staff. Sincerely, Laura Hill Planner 1 4ia„4 ,i- fil E !'177---.. . ill rt. rx ',,,, Mayor Town Clerk - Frank H. Sheffield. Jr. Agatha Johnson HILLSBOROUGH. NORTH CAROLINA 27278 Commissioners Supt. Water Works " Lynwood J. Brown James Pendergraph f Horace H. Johnson Street Supt. Allen A. Lloyd s`r'l ?- L. D. Wagoner Remus J. Smith trIY 3.• � Chief of Ponce Rachel H. Steven. ,.. 1% Arnold W. Hamlett o: %!'�~ 1. Fire Chief x 3'�*4 John Forrest fir *,may October 14, 1985 . I M . Orange County Planning Department Orange County Courthouse Hillsborough, N. C. 27278 I xn This is to state that a 6 inch PVC waterline located on Harper Street hr off Paucette Mill Road has been approved by Division of Health Services, as shown on approved plans dated May 24, 1985, Serial Number 0563. 'i,, Agat• Johnson, Town Clerk x Ak' l i. r N'y fri F. 1 , .. I r:1:' . -- - • ..--- . . -.1:•-, E7--:- * - . . 20-ii-i.!.. 0, ap: • ENVIRONMENTAL ...":77/1744*.cc, MANAGEMENT . North Carolina Department of Natural , .., , . 14S RoDert F Heims ' i i ".+. It"-'. - Ifi) Resources &Community Development 4 V let Chrector James B.Hunt.Jr..Governor James A.Summers,Secretary Telephone919733-7015 %.,....'......* e December 11, 1984 . . . The Honorable Frank H. Sheffield, Mayor Town of Hillsborough P. O. Box 429 Hillsborough, North Carolina 27278 . ' SUBJECT: Permit No. 11046 Town of Hillsborough North Dixie Subdivision Sewer Extensions Orange County , . Dear Mayor Sheffield: r s In accordance with your application received November 6, 1984, we are forwarding herewith Permit No. 11046, dated December 11, 1984, to the Town • of Hillsborough for the construction and operation of the subject wastewater collection system extensions. . . • This permit shall be effective from the date of issuance until rescinded - and shall be subject to the conditions and limitations as specified therein. If any parts, requirements or limitations contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing before a hearing officer upon written demand to the Director within thirty (30) days • following receipt of this permit, identifying the specific issues to be con- tended. Unless such demand is made, this permit shall be final and binding. One (1) set of approved plans and specifications is being forwarded to you. If you have any questions or need additional information concerning thii matter, please contact Mr. Cecil G. Madden, Jr. , telephone No. 919/733-5083, ext. 102. ):1 . Sincerely yours, Ori,11r.r.:1 Siancl By t*.r. 1.5: ii....1 ..:NG, if!.. for Robert F. Helms .,. . - cc: ' Orange County Health Department . Alley. Williams, Carmen and Ring, Inc. Mr. W. Lee Fleming, Jr. ,.. Raleigh Regional Supervisor i'. Mr. Robert Scholar , ,7 CCM/iMP • , . CtEO GT — � .� �� �• rJ :f�29 � t 37 f 44 �`• J ,t% u ice.., :+ .� �r� I 3!? , '~ '� rUt+r ��• � is �t�t:i ,�ti r I ............., �{"i.rl uf}v°-,7 Wti;:i�w :•S t.tt ( r+ Pima µ11:2 2A Krei ®r -60 .-► '� aAtr'.T "td+d 1 i A W..J Q. ell ON r f r` � \ � i 7—{• :�►•t..�►-.�r.+.i.-� I'osmsoveos ao .fif=U r*:c;f 5�'.�' SGnti?3R�{ it i y` 18C PLANNING DRAFT. MINUTES 10-21-85 10 MOTION: Pearson moved approval of Fox Meadow Section III Preliminary Plat with the five staff conditions and the condition that written certification be received from NC DOT. Seconded by Best. VOTE: In favor 9. Abstentions L (Yuhesz) Opposed L (Jacobs — due to Lack of recreation area) Jacobs stated that he was concerned about the tack of provision of recreation area. g. NORTH DIXIE — SECTION III — PRELIMINARY This agenda item is to consider approval of the Preliminary Plat for North Dixie Section III. The Board of Commissioners approved an R-3 rezoning of the property on September 30, 1985. The property is Located in Hillsborough Township at the Harper Street (SR 1395) and Dixie _Avenue intersection . It is known as part of Lot 17 Block A Tax Map 5 in Hillsborough. There are 30 lots proposed out of approximately 12.4 acres. Lots 10-26 and 30-39 have 15,000 square foot minimum tot sizes. Lots 27-29 ere located within the Town of Hillsborough's planning jurisdiction . They are zoned R-40 and are to be developed at 10,000 square foot minimum Lot sizes. The property north of this parcel is zoned R-40. Other surrounding property is zoned R-10 and institutional within the Town of Hillsborough 's jurisdiction and A—R and R-1 within Orange County 's jurisdiction . • The applicant is proposing phased development of the site into four phases. Phase I allows the development of att. road frontage tots along Harper Street and Dixie Avenue; remaining phases provide for development of lots served by proposed cul—de- sacs . The property is to be served by the Hillsborough water and sewer systems . ALL roads proposed to serve the development are to be constructed to NCDOT subdivision road standards and dedicated 181 PLANNING DRAFT MINUTES 10-21-85 11 public. Harper Street and Dixie Avenue are public streets. Police, fire and rescue services will be provided by Orange County Sheriff's Department , Orange Fire Department and Orange Rescue Squad. The Hillsborough Planning Board reviewed this request on October 17, 1985. Their comments have been incorporated into the conditions of approval. The Planning Staff recommends approval. with the following conditions: (1 ) 30' minimum drainage easements (2) 50' radius for temporary cul—de—sac on proposed Lower Loop Road (3) ROW for Dixie Avenue on plat • (4) typical lot layout for tots with the Town of Hillsborough planning jurisdiction In—10 zoning district applicable to Lots 27; 28 end 29) (6) ell lots meet the minimum dimensional require—ments 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 • Commissioner. 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. Shanktin noted that Loop Road is not a proper road • name as Loop and road are both suffixes . Jacobs inquired about the adjoining land use. Smith responded it was the proposed Northern Fairview Park. She did not know when construction on the park was to begin . Pearson inquired about phasing and noted that there were 6 tots in Phase I that cannot be used. Smith responded that staff position was that these corner lots would have restricted access to the cut—de—sacs which would remain unpaved until a later phase. • • 182 PLANNING DRAFT MINUTES 10-21—B5 12 MOTION: Shanklin moved approval with staff conditions and a condition that approved road names be used. Seconded by Best. PiLkey inquired when staff would have a copy of the Hillsborough sewer map. Smith responded that Hillsborough did not have an engineer working on the map at this time so mapping projects seemed to be on hold. • It was not known when this map wouLd be completed. • VOTE: In favor 10. Abstentions 1 [Yuhasz) h. CANBARRA SUBDIVISION — PRELIMINARY • Presentation by Kirk. This agenda item is to consider approval of the Preliminary Plan for Canberra Subdivision. The property in question is located in Eno Township. off SR 1553. (Walker Road) . It is known as part of 'Lot 19, Tax Map 8. There 6 Lots proposed out of 7.3 acres. A private road has been constructed by the applicant across the western property line of Lot #3, The applicant proposed this road as a Class B private road to serve Lots #4-7. The property is zoned AgricuLturat Residential (A—R) and is designated AgricuLturat Residential in the Land Use Plan.. It is Located in the Orange Rural Fire District . The addition of 6 Lots could add approximately 40 trips per day to Walker road. The sight distance looking west from the intersection of Canberra Drive and Walker Road • is approximately 600' . The sight distance Looking east is approximately 295' . The Department of Transportation has indicated that this is inadequate sight distance and that- the road should be relocated where the existing drive exits proposed Lot number B. The Planning Staff recommends that the subdivision be • redesigned to provide access to each lot via a private road constructed to Orange County standards and located along the western property Eine of proposed Lot #B. Discussion followed regarding road class and Smith noted that a subdivision of 10 lots or Less could have a private road but that the class was determined by the number of lots served, both those within and outside the subdivision in question . • psi Nfi 18a Il�t ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT f Meeting Date November 4, 1985_ Action ^8enda Item v Y I < If SUBJECT: LACY BURCH ESTATES SUBDIVISION: PHASE TWO —PRELIMINARY DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact: JANE ATWATER CHECKLIST VICINITY MAP PRELIMINARY PLAN TOWN OF CHAPEL HILL COMMENTS DRAFT 10-21-85 PLANNING BOARD MINUTES Telephone Numbers Hillsborough — 732-8181 Durham — 688-7331 Mebane — 227-2031 Chapel Hitt — 988-4501 PURPOSE: To consider approval of the Preliminary Plan for Phase Two of the Lacy Burch property. To receive the PLanning Board recommendation . NEED: The property in question is Located on Link Road (currently an Orange County CLass "B" private road) which provides access to SR 1834 (SeaweLL School Road) in Chapel Hill Township . The property is referenced as Lot 450 on Tax Ma p 24. It is bordered by residential development as wall as undeveloped Land. The tract is designated as 10 Year Transition on the Land Use PLan . This property is also within the Joint PLanning Area. There are three (3) lots proposed; the sizes are .92 acres (2 Lots) and.98 acre, excluding the rights—of—way. The property is zoned R-1 (Rural Residential) . Fire protection for the property In question is provided by the North Chapel Hill Fire Department . Law enforcement is provided by the Orange County Sheriff's Department . It will be patroLLed on a 24 hour basis. IMPACT: Development of this subdivision wouLd have minimal, impact on the area . 184 LACY BURGH ESTATES SUBDIVISION: PHASE TWO PAGE 2 RECOMMENDATION: The Orange County PLanning Board recommends approval of the Preliminary Plan with the following 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 . (This condition complies with the provisions of the Orange County Subdivison Regulations currently in effect.) 2) That a public water Line be extended from the existing line in Seawall 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 ajacent properties. Easement documents shall be approved by OWASA prior to I final plat approval . On September 9, 1985 the Town Council of Chapel Hill. adopted a resolution recommending approval of the plan subject to the following conditions: A1 That Link Road be improved as a public street to Town of Chapel. Hill's Class C Local Street standards from its intersection with Seawall 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 Chapel Hill Town Manager. B) That a public water Line be extended from the existing line in Seawall. 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 Co allow the future provision of public sewer service to the subdivision and ajacent properties . Easement documents shall be approved by OWASA prior to final plat approval. The Orange County Planning Board is in accord with the Town of Chapel Hill in regard to conditions #2 and #3: However, the Planning Board recommends that Link Road be improved as a public road in accordance with Planning Board #1 above. MAJOR SUBDIVISION CHECKLIST ' NAASE OF SUBDIVISION Lacy Burch - Phase Two OWNER OR DEVELOPER 'Pete Thorn - Capricorn Const. Cb. ADDRESS 105 West Carr Street Carrboro, NC 27510 (PO Box 444) 929-2179 TOWNSHIP Chanel Ni 1_J TAX MAP BLOCK NAME OF SURVEYOR OR ENGINEER . Freehold Land Surveys Inc Steve Wilson 929-8090 Total number of lots 3 To'be developed in'-1 phase(a). Total number of acres 3.17 Typical dwelling units at present none ' or proposed single fiamily homes WATER SUPPLY: Public {Name} 0 Commuuity . Individual SEWAGE TREATMENTS Public -Community individual Septic tank SCHOOL DISTRICT Chapel Hi'l'l'-Carrboro City FIRE DISTRICT or}h N—Pal H111 ��_... Access onto State Road #_j8 4 .Road Standard: Public X or Private Class A_ , B , Cam.-. Existing critical areas such as- streams ( ' }, Flood prone areas ( ), Watershed ( ), Historic Sites { ) , Other ( ) Explain: Land uses in the general area Residential' Schools, Agricultural SKETCH PLAN RECEIVED (Date) 4---30-85 Approved (X ) Recommended Changes PRELIMINARY PLAN RECEIVED •(Date) - - REVISED PRELIMINARY PLAN RECEIVED (Date) Preliminary Review by health Department ---Tom ons er - - Erosion Control Officer t<o 8.31-R5„__ Board of Education Mary Lynn 'Truelove 6-7-85 Department of Transportation OWASA (if possible) Other Chapel Hi I I Town Council - Approved with conditions .-Mebane (if possible) 9-9-85 -Hillsborough (if possible) .=Orange/Al.amance (if possible) Preliminary Action by the Planning-Board Approved with revised conditions 10-21-85 Preliminary Action by the County Commissioners FINAL PLAT RECEIVED (Date) ( } All lots were approved by the Health Department. ( ) Trots failing Health Departments-approval are combined or listed properly on the plat ' ( ) Road Maintenance Agreement submitted (where applicable) . Approved-- ( ) improvements have been provided for; completed; bond, letter of credit,. cash. Date { } Final OWASA approval (inhere applicable) on'all plans & specifications, Date ( } Final DOT approval on plat ( ) ,Final action by 'the Planning Poard 00 1111111 milli III 8.09 AC. w ' +I . •872C. Po 3 .___. cr 4-'79a 0- 1 Li .66.• 4.27 AC r, 233 AC 0716 C.) -2603 . . . • 4 AC.46°6 FL AC. I . el g T. . • 17 4 AC. .x. SEE A- .6. 73go . MAP 24D - BL. A a B 4t. 16 PI- A''e TWO (SUNSET HILLS) i I ' a :.•,• ••, *** • i 2934 182 I , • N ••••-•-.. 1 • 1 23 802 ''''''-. • - Ae . f IkRatil ESTATE __I, . 4 -0, I. , / 0 / APPUtANT: Pere 1140 P •' / 1 conargue ZON/146-: /2-/ RaVAL 11,E6ME !IAA. 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I . ,.. 6(-6.--/e-,(--- /-1.-/ .., . .. ..,. 1 . . . . . ,.., . . . ,. i. . . . . . 1 --- I • . . , ,:',•.::-.:: . . ,,:.;':.:. i 1 . • . . . . . • _:„ i . . . . . 1 . I • . . , ..,,,,,,:,____ . I • . • I- . . i . . t . 1 . . . . I - . , - 1 . . , . .. . . , ! , ,,,,,,,,,. ! • , „...: I. . . .,... . . . . :.,..•,.',..,.':.., • i . . _ . 17 •18E • MEMORANDUM ECEI vETRI TO: Planning Board • FROM: Roger Weldon, Planning Director 1j SUBJECT: Lacy Burch Subdivision, Phase Two - Joint Planning Area Application for Preliminary Plat Approval (SD-24-45) DATE: June 25, 1985 The memorandum provides a description and analysis of an application for approval of a preliminary plat for a subdivision in the Chapel Hill/Orange County Joint Planning Area. Attached are the applicant's Preliminary Plan and Project Fact Sheet. The proposed subdivision calls for the subdivision of 3 residential building lots off from the Lacy Burch Estate property, located near the intersection of Homestead and Seawell School Roads (see attached copy of Tax Map - Lot 45). The property fronts on Homestead Roads Seawell School Road, and a private easement entitled Link Road. Its eastern boundary parallels the University railroad tracks. It consisted of 24 acres of land until recently, when Orange County's. approval of Phase One of the Lacy Burch Subdivision subdivided Lot 1 from the parent tract. The proposed Phase Two would subdivide Lots 2, 3, and 4 from the Lacy Burch Estate property and leave a residual tract with approximately 19.5 acres of land. Evaluation In accord with the Joint Planning Agreement, the Town must review the proposed subdivision for compliance with Orange County's Subdivision Ordinance rather than with Chapel Hill's Development Ordinance. The primary issue raised by the proposed Subdivision is one of access: 1) ensuring adequate access to the 3 lots proposed for immediate devel- opment; and 2) providing for the future development of a logical street network that will serve the future development of the residual tract and adjoining properties. Link Road currently exists as a gravel roadway within a private ease- ment providing right of access, to Lot 1 of the Lacy Burch Subdivision, the 4 lots existing along its southern boundary, and a 679-acre tract of UNC-owned land that adjoins the Horace Williams Airport and contains the • old Chapel Hill Landfill and the Town's Municipal Operations Facility. All but a very small part of the UNC property lies on the east side of the adjacent railroad tracks. Homestead Road, Seawell School Road, and the University railroad tracks form appropriate boundaries of an approximately 50-acre area that should be served by a unified network of local streets. Such a street network should minimize the number of driveway and street access points directly onto Seawell School Road, a minor thoroughfare, and should avoid any access onto Homestead Road, a major thoroughfare. The street network should also provide for two means of access to the properties within the area. 2 . 19C • The above criteria would require a street network that provides for interconnected vehicular access from Seawel I School Road, through the properties in the area, back out to Seawel I School Road. The proposed subdivision should recognize Link Road as the southern leg of a looped street network and allow for a future connecting street extending north- ward through the residual track of the Lacy Burch Estate property. Approval of future development of the residual tract and/or adjacent properties should extend this connecting street back to Seawell School Road. Connecting streets could also be extended southward from Link Road to serve future development of the smaller properties located south of Link Road. The attached area map shows one way of providing such a street network. To allow for a street network serving the adjacent areas, the proposed subdivision should include redesignating Link Road as a public street and either dedicating a 50-foot-wide street right-of-way between Lots 2 and 3 or retaining a 50-foot-wide strip of land between Lots 2 and 3 as part of the residual tract. Although Town subdivision regulations would call for designation of a street layout for the entire Lacy Burch Estate property as part of this application, County regulations do not. We therefore recommend that at least the right-of-way or extension of the residual tract described above be provided as part of this subdivision. Allowance for the connecting street will require some realignment of the lot lines ' along Lots 2, 3 and 4, and the residual tract to ensure compliance with minimum lot size requirements. The Orange County Subdivision Ordinance calls for public streets to be constructed to NCDOT standards. Because it would form part of a street network having a collector-type function, we recommend that Link Road be improved to NCDOT standards for a residential collector road: a 20-foot-wide paved roadway with shoulders and drainage swales. Because this area is likely to be annexed by the Town in the near future, we would prefer that Link Road be improved to Town standards for a Local Class B street: a 27-foot-wide paved roadway, including curb-and-gutter. However; the Joint Planning Agreement specifies that Orange County regulations apply to this development. We do not recommend that the Link Road improvements be extended to the UNC property. The University railroad tracks form an appropriate boundary to the area and should not be traversed by local streets unless absolutely necessary. The UNC property has adequate access from other streets located east of the railroad tracks. Although an easement to the UNC property already exists, we recommend that the public right-of-way c:.;. and roadway be extended only as far eastward as necessary to provide Lot 4 with sufficient street frontage to .meet Orange County ordinance requirements (20 feet along Lot 4's frontage). In accord with County requirements, we recommend that Link Road have a T=turnaround at its eastern terminus. The applicant proposes that the subdivision's water and sewer needs be served by individual wells and septic tanks. The County Health Department has approved the proposed lots for wells and septic tanks. Asir 3 191 The site is located within the County Land Use Plan's 10-year transition zone. This zone includes properties already served by urban services or for which the extension of urban services is reasonably practicable. An OWASA water line exists within Seawell School Road, less than 300 feet from the site. Because of this line's proximity to the site, we believe public water, service to the subdivision is reasonably practicable. Chapel • Hill High School, located across Seawell School Road from the site, is o served by an OWASA gravity flow sewer line. We are awaiting OWASA's determination of how close and accessible that sewer line is to the subdivision site. If an existing sewer line is located close enough to the site to allow a determination that public sewer service is reasonably practicable, the subdivision should be served by a public sewer line. Condition #3 in the attached resolution assumes that a public sewer line is close enough to be reasonably extended. Recommendation Staff Recommendation: That the Planning Board recommend that Council adopt the attached resolution A approving a preliminary plat for Phase Two of the Lacy Burch Subdivision. • „ . • 19e • A RESOLUTION APPROVING A PRELIMINARY PLAT FOR PHASE TWO OF THE LACY BURCH SUBDIVISION (85-R.- ) BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves the application for preliminary plat approval for Phase Two, Lacy Burch Subdivision, located on property identified as Chapel Hill Township Tax Map 24, Lot 45, in accord with the preliminary plat dated May 12, 1985 and subject to the following conditions: 1. That Link Road be improved to NCDOT standards for a public resi- dential collector street from its intersection with Seawell School Road to a point at least 20 feet eastward of the beginning of Lot 4's frontage on the existing easement, and that the roadway terminate in a T-turnaround. Plans for Link Road improvements shall be approved by NCDOT and a performance guarantee for the improvements posted, or the road accepted by NCDOT, before final plat approval. 2. That either a 50-foot-wide right-of-way be dedicated between Lots 3 and 4 or that the residual tract of the Lacy Burch Estate property be extended southward as a 50-foot-wide strip of land between Lots 3 • and 4. The lot lines among Lots 2, 3, 4, and the residual track shall be realigned to meet both this condition and minimum lot size, lot width, and lot frontage requirements. Compliance with this condition shall be shown on the final plat. 3. That public water /31,04/5601PVTT lines be extended to serve the sub- division. Plans for such extensions shall be approved by the Town Manager and OWASA before final plat approval. This the 1st day of July, 1985. • Aux �(l0 25 AC. 11.65 AC. so - 4 43 AC. 7 5/t AC HOMESTEAD ' . 7339 Ilf o 13 t. .." _._ _ reo 4489• 0417 ROAD � � 47 —= 1777 1 2A C 43 1827 1 43C • ,sW3 15.76 AC, 6.35 '48 1, 4A CAL 44 ' 19,74 AC. - 5.255 AC. 1 i o890 2 At X41 1 7409 1{ . 1448 1 1 is 17 931 AC. � 1 1 �-: S `'�1cp c43 3 I AC. 290.10 / `C0 * , 3 ..._... C'iiAML MLA. �' tq N t 1 . 45B .0535 141611 SeHOOL, -Zz� 2AC. a .4426 U> Pftpmry 29 49 288 307AC. j 8.29 AC. . G Pal p I S�qN g MO S TE AD 184 C Y� LS AVERY MADDRY 37-83 SANDBERG MODS. 36-77 W JOHN D. R TAX PURPOSES ONLY -- -- PLAT REFERENCES X779 89 sEEME' NE L IE M. JENfi1NS 8-37 WATTS A S '-OT T 13-1 SEEM 11.65 AC. 12 12 2 3 AC. 50 4 43 AC. 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LINK PROP E ,F rip . f. *, ei 1�� ♦/-�GPI PHASE TWO, ' `/4 LACY BURCH S/D CHAPEL HILL TWR ORANGE CO. D£VELOPERl NORTH CAROLINA Pr/Nt tMAP LOCATION MAP CAPRICORN CONST. Ca. jo0 P.O. 60X 444 100 30 0 100. 2w CARRBORO.N.C.2 TSIO SCALE eOO' V:.v yeb FREEHOLD LAND SURVEYS , INC. ......._ -ro / 5_,:u soLn • e• ea 19i 0, ,- . -_-.-..4e,;,..4\s'. 4 MEMORANDUM . TO:. Planning Board FROM: Roger Waldon, Planning Director . SUBJECT: Lacy Burch Subdivision, Phase Two - Joint Planning Area Application for Preliminary Plan Approval (SD-24-p/ó45) DATE: August 20,1985 APPLICATION: For approval of a preliminary plan for the subdivision of 3.17 acres of land into 3 residential building lots. The site is located on the north side of Link Road, a private . street extending eastward from Seawell School Road opposite the Chapel Hill High School site. Attached is the applicant's • preliminary plan. . . BACKGROUND: At its July 25, 1985 meeting, the Board tabled review of this application until "more adequate maps and the Orange County Subdivision Ordinance are available. " The maps submitted to the Board at that meeting meet Orange County's application requirements. The applicant is not required to submit additional . information. Enclosed is a copy of Orange County's development regulations, including its subdivision ordinance. Confusion arose at the July 25 meeting regarding whether the subdivision site included the remainder of the Lacy Burch Estate property. The• 3.17-acre site was recently subdivided off from the 24-acre Lacy Burch Estate property through the County's minor subdivision process. Therefore this application is concerned only with the 3.17-acre site. • EVALUATION: Town and County staff have jointly reviewed the • the application for compliance with the standards of the Orange County- Subdivision Ordinance and the intent of the Joint Planning Agreement and have identified the following deficiencies and • concerns: • Section IV-B-3-d of the County Subdivision Ordinance provides for the approval of a private road if the following two findings are made: 1) The nature and location of the subdivision, including such considerations as topography, the surrounding area, the present and future road plans, and access by public safety vehicles, are such that a private road is justified; and 2) As many as possible of the following conditions are met: A) The subdivision consists of less than 10 lots; • B) The subdivision preserves a natural area through deed restrictions and special design features; C) the subdivision, does not embrace or abut any part of a 19E 06 06 thoroughfare or street shown on the County's or Town's thoroughfare plan, or does not lie within a County-designated transition area; D) The subdivision joins or extends an existing subdivision whose streets are private or unpaved and includes streets that connect with the streets of the existing subdivision and are compatible with and in harmony with the surrounding community area; E) The subdivision's roads would not be accepted by the State for maintenance due to density or some State requirement, other than construction standards, that the subdivision cannot meet. Section IV-B-3-d specifies that a subdivision should meet as many of the conditions in 2) above to gain approval of private streets, and that meeting 1 or more of the conditions will not ensure automatic approval of private roads. We concede that the proposed subdivision meets condition A) above. However, we do not believe it meets conditions B) -E) , nor criterion 1) . The subdivision does not provide for the preservation of natural areas; it lies within the County's 10-year transition area; private, unpaved streets within an area so likely to be annexed in the near future is not compatible with the the urban development that is surrounding it; There exists no reason why the State would not accept maintenance of the street as a public street; consideration of the urban development that is surrounding the area, a condition which is recognized by the County's Land Use Plan, justifies a street built to urban development standards. Section . IV-B-3-c of the Orange County Subdivision Ordinance requires public streets to meet NCDOT standards. Within ares so close to the Town limits and likely to be annexed in the near future, NCDOT typically accepts Town standards as the appropriate. street standards to apply to new development. Town standards for Link .Road would be a 27-foot-wide roadway cross-section with curb-and gutter sections, within a 50-foot-wide right-of-way. We recommend that Link Road be improved to Town standards, with a temporary T-turnaround at its eastern end. An OWASA water line exists within Seawell School Road, less than 450 feet from the site. The site is located within OWASA's service area and within the County's 10-year transition area for urban development. The areas adjacent to the site are already served by public water and sewer services. Because of the- water line's proximity to the site, we believe public water service to the subdivision is - reasonably practicable and consistent with the site's setting on the fringe of urban development. The nearest public sewer line is located on the high school property, approximately 2000 feet west of the subdivision site. We accept this distance as too great to reasonably expect a developer to extend sewer service for, the relatively low urban density proposed for the subdivision. However, we do believe it reasonable to require the dedication of the utility easements needed to provide future public sewer service to the subdivision and adjacent • 60 oe 19E --,,Jproperties. I, RECOMMENDATION: That the Planning Board recommend that Council • - adopt the attached resolution recommending that the County Board of Commissioners approve this application for preliminary plan approval subject to conditions. RESOLUTION RECOMMENDING COUNTY APPROVAL OF THE PRELIMINARY PLAN FOR PHASE TWO OF THE LACY BURCH ESTATE SUBDIVISION (85-R- ) BE IT RESOLVED by the Council of the Town of Chapel Hill that it hereby recommends, in accord with the Joint Planning Agreement, that the Orange County Board of Commissioners approve the preliminary plan dated May 12, 1985 for Phase Two of the Lacy Burch Estate Subdivision, located on property identified as Chapel Hill • Township Tax Map 24, part of Lot 45, subject to the following conditions: 1. That Link Road be improved as a public street to Town Class C • Local Street standards from its intersection with Seawell School Road to the eastern boundary of the subdivision, with a tempory T-turnaround at its eatern end. Plans for the Link Road improvements shall be approved by the Chapel Hill Town - Manager. • 2. That a public water line be extended from the existing line in Seawell Sbhool Road to serve the subdivision lots. Plasns for the extension shall be approved by OWASA before 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 before final plat approval. This the th day of September, 1985. 2u A/N 601 OHO 5 -e Council Member Pasquini asked that the amount of cut and fill along Franklin Street be established for Council review. He also said he would like to see a fifty foot buffer along Franklin Street ; a plan showing the surrounding areas and their designated uses; a plan for negating the connection with Lone Pine Road, and show the access road (driveway) to lots six and seven. Council Member Thorpe expressed concern that the Planning Board which had received their agenda packet on Friday had not notified the Council or staff prior this meeting of their disagreement with the recommendation attributed to them and stated in the memorandum. Council Member Preston was concerned about the traffic along Franklin Street and Lone Pine Road and she asked what it would entail to improve Lone Pine Road and whether or not such improvements would have to be paid for by the residents of that road. She also said the Council in January of 1984 adopted a resolution renaming Louise Street to Deming Street and asked that the name Deepwood Road be deleted and have it called Deming Street as well. COUNCIL MEMBER PRESTON MOVED, SECONDED BY COUNCIL MEMBER SMITH TO DELAY COUNCIL ACTION UNTIL THE NEXT REGULAR MEETING AND FOR THE MANAGER TO BRING BACK A REPORT CLARIFYING THE PLANNING BOARD'S REVIEW. THE MOTION PASSED UNANIMOUSLY, (7-0). Mayor Nassif asked that the citizens and applicants be kept informed of what was happening with this project . Lacy Burch Subdivision Roger Walden, Planning Director, gave a brief presentation on this application. He said this project was in the joint planning area. He said the site was 3 lots on 3.17 acres north of Link Road. He said the staff recommended requiring the extension of waterlines to the public., and paving the street with curb and gutter. Mr. Greg Shepard, representing the applicant, said that since the site was under Orange County jurisdiction the applicant should have to only abide by Orange County requirements. He said Orange County allows for paving without curb and gutter and for wells and septic tanks. Mr. Shepard said that meeting Chapel Hill requirements would cost the applicant $85,500 in additional costs to subdivide the site into 2 additional lots. Council Member Smith asked if the project should meet County standards and not Town standards should the Town review it? Manager Taylor replied that pursuant to the Joint Planning Agreement between . the Town and Orange County the proposed project was in the 10-year transition area and would become urban. Therefore the project should meet urban standards. 201 6 Mayor Nassif stated he felt there were other viable alternatives to requiring curb and gutter on the streets. COUNCIL MEMBER PRESTON MOVED TO ADOPT RESOLUTION 85-R-159A. THE MOTION FAILED FOR LACK OF A SECOND. • NCIL MEMBER THORPE MOVED, SECONDED BY COUNCIL MEMBER PASQUINI TO ADOPT RESOLUTION 85-R-159B. THE MOTION PASSED, (5-2), . WITH MAYOR NASSIF AND COUNCIL MEMBER SMITH VOTING AGAINST. The resolution, as adopted, reads as follows: RESOLUTION RECOMMENDING COUNTY APPROVAL OF THE PRELIMINARY PLAN FOR PHASE TWO OF THE LACY BURCH ESTATE SUBDIVISION (85-R-159B) BE IT RESOLVED by the Council of the Town of Chapel Hill that it hereby recommends, in accord with the Joint Planning Agreement, that the Orange County Board of Commissioners approve the preliminary plan dated May 12, 1985 for Phase Two of the Lacy Burch Estate Subdivision, located on property identified as Chapel Hill Township Tax Map 24, part of Lot 45, subject to the following conditions: 1. That Link Road be improved as a public street to Town Class C Local Street 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 improve- ments shall be approved by the Chapel Hill Town Manager. 2. That a public water line be extended from the .existing line in Seawell School Road to serve the subdivision lots. Plans for the extension shall be approved by OWAsA before 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 before final plat approval. This the 9th day of September, 1985. Glen Lennox Expansion COUNCIL MEMBER SMITH MOVED, SECONDED BY COUNCIL MEMBER PRESTON TO ADOPT RESOLUTION 85-R--160B. THE MOTION PASSED UNANIMOUSLY, (7-0) . The resolution, as adopted, reads as follows: A RESOLUTION EXTENDING THE TIME LIMIT FOR SUBMITTAL OF THE MAN- AGER'S FINAL REPORT ON THE GLEN LENNOX EXPANSION PLANNED DEVELOP-- • MENT-HOUSING SPECIAL USE PERMIT APPLICATION (85-R 160b) BE IT RESOLVED by the Council of the Town of Chapel Hill that, in accord with Subsection 8.4.7 • of the Development Ordinance, Council hereby extends the time limit for submittal of the Town Manager's final report on the Glen Lennox Expansion application for a Planned Development-Housing Special Use Permit to the first regular Council meeting following the 20th day after the applicant submits revised plans, or notifies the Town that the applicant will not submit revised plans. This the 9th day of September, 1985. IfM N • 202 PLANNING DRAFT MINUTES 10-21--85 • 13 MOTION: Pilkey moved to send this plan back to the developer for redesign to address NCDOT concerns regarding sight distance. Seconded by Best. • VOTE: - Unanimous. • i . LACY BURCH ESTATES SUBDIVISION: PHASE TWO — PRELIMIARY Presentation by Smith. This agenda item is to consider approval of the Preliminary Plan for Phase Two of the Lacy Burch - property. S ', The property is located on Link Road (Currently an Orange County Class "B" private road) which provides access to SR. 1834 (Seawett School Road) in Chapel Hill Township. The property is referenced. as Lot 450 on Tax - Map 24. It is bordered by residential development as well as undeveloped land. The tract is designated as 10 Year Transition in the Land Use Plan . This property is also within the Joint Planning Area . There are three (3) Lots proposed: the sizes are .92 acres (2 Lots) end .98 acre, excluding the rights—of- way. The property is zoned R-1 (Rural Residential) . - Fire protection for the property in question is provided by the North Chapel Hill Fire Department . Law enforcement is provided by the Orange County Sheriff's Department. It will be patrolled on a 24—hour basis. Development of this subdivision would have minimal impact on the area . On September 9, 1985, the Town Council of Chapel Hill adoted a resolution recommending approval of the Plan subject to the following conditions : (1 ) That Link Road be improved as a public street to Town of Chapel Hill's Class C Local Street standards from its intersection with Boswell 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 Chapel Hill Town Manager. (2) That a public water Line be extended from the - existing tine in Seawell School Road to serve the f a„' PK . 4* 2®e PLANNING DRAFT MINUTES 1D-21-85 14 sbdi vi Sion Lots. Plans for the extension shalt 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 docuents shall be approved by OWASA prior to final plat approval. The Orange County Planning Staff is in accord with the Town of Chapel Hill in regard to conditions #2 and 2; however, recommends that Link Road be improved as a • public road to the North Caroline Department of Transportation'sstandards 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 . This condition complies with the provisions of the Orange County Subdivision Regutsation currently in effect . 0 - Gordon inquired about a memo that was to come from the County Attorney as to what kinds of standards could be required in the Joint Planning Area.- Smith responded that the memo has not yet been received. She continued noting that the conditions recommended had been discussed with the applicant in the presence of the • County Attorney. MOTION: Shanklin moved approval subject to staff conditions . Seconded by Pilkey. Pearson asked the reason for requiring public water. Smith responded the Line already exists in Seawall School Road and that the ordinance enables the County to impose this condition . Pearson continued that he felt this was an unreasonable condition considering OWASA tap on costs. Pearson question why such a standard should be imposed. Gordon responded the property is within the Joint Planning Area . Smith cited potential later public costs in providing urban services to the area . ShankLing noted the developer was developing the property at the smallest lot sizes possible for the district. MOTION: Pearson move to amend the motion to delete the condition requiring extension of a public water Line. Seconded by Yuhasz. 4. 204 PLANNING DRAFT MINUTES 10-21-85 15 VOTE: In favor 3 [Pearson , Kizer, Yuhasz) Opposed 8 (Gordon, Best, Jacobs, Matters, Miller, Kramer, PiLkey, Shanklin) VOTE: - Main Nation (approval subject to staff conditions) In favor 10 Opposed 1 (Pearson) At this point, the Chair noted that the rezoning request for Cornwallis Hilts must be considered before the subdivision request. AGENDA ITEM #9: Z-10-85 (REZONING REQUEST) CORNWALLIS HILLS This , agenda item is to consider for recommendation a proposed rezoning request submitted to public hearing on August 26, 1985. Allenton Realty & Insurance Company is requesting a rezoning for 64.71 acres of land Located off Old NC 86 (SR 1009) and along the south side of Oakdale Drive (SR . 1333) south of Hillsborough . The property is referenced as Tax Map 44A, Lots 3 — 26 and Tax Map 42, Block C part of lot 1 , Hillsborough Township . The present zoning classification is (Residential-1 ) . The applicant is requesting the entire 64.71 acres to be rezoned ' • (Residential-3) R-3. The property is Located in an area designated as Ten Year Transition in the Orange County Land Use Plan. Approval of the request would allow a density of 15,000 square feet per dwelling unit on the 64.71 acres. Soils in the area are Georgeville, Tatum and Enon . While Georgevitte and Tatum, which cover most of the tract, are slight to moderate for building site development, • Enon which covers approximately 20% of the tract, is severe due to shrink—swell potential and Low strength . Cates Creek runs around the southeast corner of the tract and has a considerable amount of 100 year • floodp; lain which extends into the property in question. According to the Department of Transportation , both Old NC 86 and Oakdale Drive are classified at service Level C. At the current 45 mph speed Limit and given a 22' travelway, the capacity of Old NC 86 at service levet C is estimated to be 7,500 trips per day. At the current 45 mph and given a 20 ' travelway, the capacity of 2®4 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date NOVEMBER 4. 1985 Action ends SUBJECT: CLASS A ROAD — COVERED BRIDGE I MINOR SUBDIVISION Item DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachmenttsl Information Contact : APPLICATION JANET VAN HANDEL SURVEY OF LOT Telephone Numbers Hillsborough -- 732-8181 Durham — 688-7321 Mebane — 227-2031 Chapel Hill — 98B-4501 PURPOSE: To consider a request for a Class A private road to serve Lot 2 of the Covered Bridge subdivision . The Private Road Standards require the approval of the Board of County Commissioners on Class A roads serving minor subdivisions. NEED: Board of Commissioners ' approval of a Class A private road is required before a minor subdivision can be approved for Lot 2 of the Covered ' Bridge Subdivision . Covered Bridge is a subdivision of land in tracts over 10 acres in size and is not defined as a subdivision subject to County regulations under G. S. 153-335 "Subdivision" Defined . Staff is recommending a Class A private road given the number of Lots served by Gait Way. IMPACT: A minor subdivision of Lot 2 in the Covered Bridge subdivision could occur if a Class A road is approved . RECOMMENDATION: As the Board decides . \ . Ob .;:TC_, . .,...,, • ,.• '14001 iFil.;• je. .4" `''' ef-GO sN* Nc‘ .?'. • ',":,, ..: ''' .." - ...■* . 9. Ar. . •t;. -'.,..-:,it,,,,,,p-...---'11--- -------,,,..,. 4, .., , & ,,,,,,./:-...... 1 4„ , •4.0, CREEK .N. ' k'', v`10. SS•• :<///:/r8 .37 .,.P- c,;1".... s''''''' . '00, is, 41,,'9.0•N.s4:.\\,, . 0 c .. . - - 20€. . C) • '1,, 6. . "00,• .,., 70 T, th T,s,0 1001 AC. —-I^ . . •:•: , c.. v. / 72.97 AC. ± ..... .il.• -,,,.,.•., . 0 , .1. v c, -4' J. . .,-... . l'.. / •V' tb "., /K•1, /,, .... _ / V co _ipx ...,,, P‘ • • *,- 4:- „.. •o,i, , - ,/ 0 4? 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I:. • • . •'•:•.• ; • to •• •,.,., , • OVERED' . . • c ,,..,.. • • • , . • n .. _ , .... . . ‘..,/ L. .., - '7.g R. 1DE- • - . . . ...,.. , . • . :::::, . • —8140 . 2:1 . . 8 B ! '.-.-.• . • . 0• D! '-',•,.-,.-. • 1 ...!:::[•:::... • . . . . . . • . . — •• • • • • • ... . . ... ,...... .. . . • ... .... ..,., _... .,... ...,,_ - ! - - . _ . - MINOR SUBDIVISION APPLICATION 2 0 t _ -- . . . P:oparty Owner(s) 441 t ,379_,Lx300, f.Y.Nor-04.A.... Address ' -'%et4N-..----4iNv. MC-- . Phone ( ) A Developer/Contact Name Address ...5.......3...; C7,— (...__ . Phone ( ) P- .4• Location of Property Jgi (; - al .. - s? • . • _.•-.2- " - township map - - block lot .......: ...- .'--..:t. -: Zoning -. - Fire District . . Watershed lt.'S\E, Impervious Surface I...VA- , Joint Planning: C.H. .01//5,- Carrboro itifpr School District • State Road Number 'Nc.,).4 Name.------- As rAm.s Cmssr-cs-dA Type fr,..€1. a-1o4..... Private Road Class s. ., . k.,.2),,z,.ANameGo:r\- Do you plan. to build he road before final approval? ‘,. ,.&'-■ ' or secure construction with a security document?1,04- ' Utilities: Public Sewer Community System Septic Tank j Public Water - Community Water Well i If on a septic system, the Health Department- must examine all existing and potential building sites on lots shown on the plat. rA.51 , Total Lot Area ;ge. - t,„,,A-(.4-a.ki+ Number of Lots tra 1 ± R e 5;410 c,....1 ) Lot Number: Size of Lots:. Structures (proposed or existing): - - • \ g. L L.. • 0 IND---.. e-A.I S÷I al • . . . . - t I (We) hereby certify that I (we) have read the above information and that the information I (we) have supplied is accurate to the best of my (our) knowledge. I (we) understand my (our) application is not complete and cannot be approved unless all required information•and material has been provided. 1 411S- . . 0 Date Signature• Date Signature• Filing Fee # of Lots Fee Private Road Fee Other Fee Total Fees Date Paid 1 . . OFFICIAL COPY APPROVED 12/2/85 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGuLAR MEETING NOVEMBER 4, 1985 The Orange County Board of Commissioners net in regular session on November 4, 1985, 7:30 pm, in the Commissioners' Room of the Orange County Courthouse, Hillsborough, North Carolina. CORTAMEZa_MBLEM Chair Don Willhoit and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd and rman Walker. ATTORNEY PREAENT: Geoffrey Gledhill. ZAFEJSMEL 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. MMPLCMMENTE Postponed. 11. AMLIENCEAMENME None. C. M1NUTES Postponed. DIA__JMUSOMOi Postponed. E. PUBLIC MARIAM la----ffaanERMAVERAEM County Manager Kenneth R. Thcopsonpmented 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 CLOSED. Don Willhoit read the order authorizing $200,000 sanitary sewer bonds. (The entire order is on pages 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. VOTE: 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. VtTE: UNANIMOUS. 7",0410Dimi_ __O)& AND Nkil,N. L.A. 411.Apglio) I:No..441/4M 'OvOODikOrl. 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 ND FURTHER commas, THE HEARING WAS CLOSED. Motion was made by Commissioner Marshall to amend the Sedimentation and Erosion Control Ordinance as published. MOTION DIED FOR LACK OF A SECOND. Notion 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 SEDIMENTATION AND EROSION CONTROL ORDINANCE SECTION 2 Section 2 Purposes . . . . 2 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 Land-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. NOTE: 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. 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. SmeTION 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 3 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-sway 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. SEC.TI0N 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. 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. NOTE: "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. Na 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. 4 3. For disturbances that do not exceed 20,000 square feet in surface area: In determining the area, contiguous sands 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. maim 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 e 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. 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 43 .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. 5 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 mist 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). 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 Le 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. CELEMEECEDfrjaftngimmim The County Manager recommended the following action by the Board: 2,,, geggiut_m_x_EnBargzaffs32 Asa Schedule a special public hearing to be held in Hillsborough for the joint planning area for December 3 to hear a rezoning request. 22-----EVRIMM-gan-WID--aggftrWLABaSIM Approve a petition for addition of Mallard Court in Sycamore Run subdivision to the state maintained secondary roads system. 14.-111213MDIROM5 Amend the 1985-86 Budget Ordinance as follows: GENEBALERND Appropriation-Orange B.S. Expansion $ 670,000 Appropriation-Chapel Bill-Carrboro Science Labs $ 80,000 6 Appropriation-Chapel Bill-Carrboro Multipurpose $ 516,000 Appropriation-Chapel Bill-Carrboro Schematics $ 48,452 Source-School Capital Reserve $1,314,452 CAP RE 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 t.;,tAser ASA kith,. *A 41.d • • • D__Aq • MAE Approve the nomination of the Orange County Arts Commission as the official Local Distribution Agent (104) 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. CCUTRAar WITB D.. W. WARD CONSIERUMMSi_HE REIMUMSEMZEMIAMMuzaAT EAR GROVE AND NEW' COURTROoss Extend the contract deadline date byeno 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. VOWE: UNANIMOUS. 21" 22111-4 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 Millhoit expressed concern over delaying the public hearing again and suggested that he be allowed to contact the Town of Chapel Firl 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 loyCcunissioner 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: Ozteber24 - Completion of Digests of Joint Planning Area background information. November 13 - Public Information Meeting in Chapel Hill at Calbreth Junior High School. December 3 - Joint Orange County-Chapel Hill Planning Board Work Session. neeagiler_19. - 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. VOTE: UNANIMOUS. AAMYEEMISAMENT OF PROPOSED ZONING ORDINANCE AND FUBDIVISWIN REgfurztrammammgam (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 silffirmossmossa. 7 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 byCommissioner 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 Carey to approve the advertisement of proposed zoning ordinance and subdivision regulations text amendments as corrected. VOTE: UNANIMOUS. Postponed until the next meeting. G, ITEM FOR, nECXSTON-CHANDIER,$ 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, /Wanton Realty, has requested a Planned Development-Housing (PD-B) 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, 1-40 and Weaver. Dairy Road. The Planning Board considered the request and recommended approval with the attachment of 28 conditions. The Chapel Bill Mown 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 Bill Town Council to the original list of conditions submitted by the Chapel Hill Planning Staff. Be 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. WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS DECLARED CEO. 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 Commissioners approves with the conditions listed below the Planned DevelopmentHousing Residential-2 rezoning and the issuance of a Class A �S�p^teccialT7UTswer Permit. VOTE: 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. Vt:TE: UNANIMOUS. 1. That temporary turnaround 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 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-way. 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 Pr 9 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 be provided along Sunrise Road that is at least equivalent to a Type C buffer as described in the Chapel Bill 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 MOOT 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 MASA 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 points of ingress & egress and specification of the maximum 10 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 mown of Chapel Bill 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- nents 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 Bill 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- nents 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 iaprovements. 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. Al]. 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 Articles of Incorporation and regulations promulgated under this condition in the Orange County Registry of Deeds. EaIVEHERInK1012=10 1. Z-10-85 CORNWALLIS RILLS REVIVING 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 11 the property is R-1. The applicant is requesting that the entire acreage be rezoned to 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 net and that the rezoning request be approved. VOTE: UNANIMOUS. 2. a1Au3s HILLS PHASE IL. III. & IV To consider approval of the Preliminary Plan for Cornwallis Bills Subdivision Phases II, III and IV, which is located west of cad 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 must be submitted for review and approval by the Orange County Attorney prior to approval of the final plan. 7. A grading plan rust be submitted to and approved by the Orange County Erosion Control Officer prior to approval of the final plan. 8. Water and sewer plans must 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. P _*PO..k.4 "' 6 I Di ZA_ 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. 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. OTE: UNANIMOUS. AA-----EEgKECVP--bWEPXWDUNtn, 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 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. hh. . . 12 VOTE: UNANIMOUS. S. _ SOUTH FORK SECTION III SUBDIV3S)DWPREDIM/NABY 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 than 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. 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 RA.. 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. 6. Written certification must be received from NCDOT prior to BOCC review of the Preliminary Plat (ADDED Br THE PLANNING BOARD 10- 21-85) Motion was made by Commissioner Lloyd, seconded byOtsuissioner Marshall to approve the recommendation of the Planning Board including the attached conditions. VOTE: UNANIMOUS. 24117'112;611MX. 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) . 62. -_ Sri . 13 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 Conmis- 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 FK MTBE 1 _TVtST -PHASE 'man pRLG iTtmar�R► TO consider approval of the Preliminary Plan for Phase TWo of the Lacy Burch property located on Link Road in Chapel Hill Tom. Three lots are proposed out of 2.82 acres. The property is zoned R6.1. The Planning Board recommended approval subject to three (3) conditions: 1. That Link Road be improved as a public road to the Narth 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 (MASA 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 Motion llsbe OM SA by SA prior to final plat approval. by Commissioner Walker, seconded by Commissioner Carey to approve the recommendation of the Planning Board, including the attached conditions. VOTE: UNANIMOUS. BUDGE COvERED I - M )R 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 Cosmmissioner Carey, seconded by Commissioner Walker, to approve the recommendation of the Planning Department. VMS: UNANIMOUS. Motion was made by Commissioner Walker, seconded by Commissioner Lloyd to authorize the permits for Mr. Jack Davis of IAC; 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. ' • . 14 11. limp= NAMES' 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 FCC Board of Directors is negotiating with outside concerns in an attempt to maintain the Livestock Market for Orange County. Motion was made byConadssioner 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. VCTE: UNANIMOUS. 13.....-417461EMAgasmattEEMNISM By consensus this item was tabled until the next meeting. DOCCIff„ ..../ ETR_CQEMM Motion was made by Commissioner Lloyd, seconded by Conedssioner Carey to adjourn into Executive Session. IDEKEIERM 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 Cad Post Office, Chapel Hill, North Carolina. Don Willhoit, Chair Beverly A. Blythe, Clerk