Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda - 07-07-1986
ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING MONDAY, JULY 7, 1986 7: 30 P.M. COMMISSIONERS ROOM HILLSBOROUGH, N.C. A. BOARD COMMENTS B. AUDIENCE COMMENTS 1. Matters on the Printed Agenda 2 . Matters not on the Printed Agenda C. APPOINTMENTS PAGE # D. PUBLIC HEARINGS 003 1. PD-2-86 Heartwood at Blackwood Mountain 012 2 . Pantry Area Land Use Plan E. REPORT 014 1. Carrboro Joint Planning Proposal F. ITEMS FOR DECISION--CONSENT AGENDA (Any item may be removed for separate consideration) 023 1. Agreement Between Orange County and OWASA to Provide Topographic Map Sheets 026 2. Ambulance Certificate and Franchise 033 3 . - Air Ambulance Certificate and Franchise 039 4. Demolition, Lot Clearing and Hauling Services Award 063 5. Resolution Authorizing Execution of Section 8 Housing Annual Contributions Contract 080 6. C.A.T. Vehicle/Driver Lease Rate Schedule G. ITEMS FOR DECISION 003 1. PD-2-86 Heartwood at Blackwood Mountain 012 2 . Pantry Area Land Use Plan 082 3 . Z-6-86 James and Myra Kirkman 087 4 . Randy L. and Sherry Dunn--Preliminary 100 5. Waxstaff Park--Preliminary 117 6. Zoning Ordinance Text Amendments 134 7. Subdivision Regulations Text Amendments 186 8. Award Bids for Revere Road--County Annex Renovation 191 9. Water Projects 195 10. Water Conservation Ordinance 209 11. Resolutions and/or Policy Statements for the 1986 NCACC Annual Conference H. ADJOURNMENT BUDGET WORK SESSION TO BE HELD FOLLOWING THE REGULARLY SCHEDULED COMMISSIONERS ' MEETING. F , +. d '',"1','„1: a � .• � .� '..,w... 'y1.„r..` ,. > :,, ;? : •,'• vii '.v, e't '4:F' `• ga f•1:�:I I; =�kr:� ;! f, -,' 1 a 1'fr; � pl,rd;i I' r w' r; ,, N _Ni. �T. ill 4�1 p ( ,- `f +' :' :1I Y ow" rd • +r ''I ,i , . .„, ,•,...,,.,....,,,., , 'i . 1. ,, ,,, :,1 ,,,:,,,,: 1. 'r :'d, I z?: r• 4 y c.1,•r �' •�y•!� �f, r , tl:.,ijji•,N�' �•lt,.,�' , ,T'•tl� ,�grMd.�4rT„��,� hee�ti7 ” (q • I : i Ip6 N ',{'ICI '', 'I y tL: - 4. H'0 1 {,::. � CxE 1'f ,CJ i3t3 'I d w, ',: 'i � , � I 1Yr�. iYC P i7Wl;d"° ;: ' .;F. �,,•,�, i:• :I; { on Authhc'1 'i,z i, ' E u ,� ;.s.. 1;3 ',S '','I „ g 'Annual or�Y��tr but ■���J.� • /� �I�L.Ig,. •,N �I. I:Xfil � �' �•�'� � �zf'+� I��"��T'W�'„^�4® 'A+�i {'W(I�r "11s�,� :.:EiL: • - I� .. ''II•;tl : .', .P '«'P'.. ' e a .c]:e/D v I s tom, S 1,1„1".. I'• { °X N i r: 9. sK 'IA "�# ''1 V t 11. f1 :( �tl,v'J��!1�,���� '���}�� �,�!1!� ,�I iI �'�a I 'I�� ' 'ICI' ��A• °rr ',r l,l,, ,,; I,°;�,, ,I•., Heartwood' at• •B44# I' 9 'F ,''; ,I ' "I •; 1{ :: * M't,r,try., a Land Use Plan �* DB "t:''' .r t I ' • r j { •r 'i; '( ' I It , IJ Ifs „ �' t � 1, w` 'I” , 'a, :. Baas and 'Myra e• ;r :.i;# . ..4. Ii{ .,, and Sherry W-" : 1 APPROVED AUGUST 19 , 1986 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JULY 7, 1986 The Orange County Board of Commissioners met in regular session in the Orange County Board of Commissioners Room (later moved to Superior Courtroom) at 7: 30 p.m. , July 7, 1986, Orange County Courthouse, Hillsborough, North Carolina. COMMISSIONERS PRESENT: Shirley Marshall, Moses Carey, and Norman Walker. Don Willhoit arrived at 8: 10 p.m. COMMISSIONER ABSENT: Ben Lloyd. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers William Laws and Albert Kittrell, Finance Director Gordon Baker, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Purchasing Director Pam Jones, Economic Development Director Sylvia Price, Health Director Jerry Robinson, Planner Susan Smith and Personnel Director Beverly Whitehead. A. BOARD COMMENTS Vice Chair Shirley Marshall made three additions to the agenda: (1) E2 - Report from Dick Helwig for the Technical Telephone Task Force, (2) G12 - North Carolina Memorial Hospital Flight Dispatch Agreement Amendment, and (3) G13 - Report from Commissioner Carey on the Human Services Report. Items G1 and G2 were deleted from the agenda and G6 and G7 deferred to the August 4th agenda. B. AUDIENCE COMMENTS None. C. APPOINTMENTS PRIVATE INDUSTRY COUNCIL Motion was made by Commissioner Marshall, seconded by Commissioner Carey to appoint Alan Reid Fields. VOTE: UNANIMOUS. HILLSBOROUGH BOARD OF ADJUSTMENT Motion was made by Commissioner Carey, seconded by Commissioner Marshall to appoint James Gilchrist as the alternate on the Hillsborough Board of Adjustment. ENVIRONMENTAL AFFAIRS BOARD (These appointments were considered later in the meeting) D. PUBLIC HEARINGS 1. HEARTWOOD AT BLACKWOOD MOUNTAIN (PD-2-86) PRESENTATION BY STAFF Planner Susan Smith presented additional information on the proposed planned development rezoning and Class A Special Use Permit request submitted by Spence and Lyn Dickinson known as Heartwood. The original site plan has been revised to address some of the concerns raised by the Health Department and location of the building sites for the duplexes. Two letters have been received from the applicants clarifying their intent for the development and the proposed improvements. The Planning Staff has approved the site plan with the attachment of conditions as recommended at the May 27, 1986 public 2 hearing with revisions. These are listed on pages 4 - 6 of the agenda packet. COMMENTS BY THE APPLICANT Spence M. Dickinson explained the details of the development and the environment he hopes to provide for his family and for those who live in the community. COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS Commissioner Marshall commended Mr. Dickinson for his ideas and asked that he understand the Board has Ordinances they must comply with when considering developments for approval. His comments will be taken into consideration but his request will be considered the same as any other request in accordance with the Ordinances. COMMENTS AND/OR QUESTIONS FROM PLANNING BOARD MEMBERS Planning Board Chair Barry Jacobs asked Mr. Dickinson to elaborate on the future plans for the area that borders the Duke Forest Tract. Mr. Dickinson indicated he would contact Duke Forest to solicit their ideas for this area. Plans for the area to the north include either a cluster development for senior citizens or additional residential development. Motion was made by Commissioner Carey, seconded by ; Commissioner Marshall to continue the public hearing to August 4 for the receipt of additional information from Duke University on their recommendation for the area that borders Duke Forest. VOTE: UNANIMOUS. 2 . PANTRY AREA STUDY Planning Director Marvin Collins presented the recommendation of the Hillsborough Town Board on the draft Pantry Area Study Land Use Plan. This plan was presented at the May 27, 1986 public hearing and June 16, 1986 Board meeting. The Hillsborough Town Board and the Hillsborough Planning Board recommended approval. Adoption of the area study land use plan would establish development standards for the transition areas and additional protection for environmentally sensitive areas. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to refer the Pantry Area Study to the Planning Board for their recommendation. VOTE: UNANIMOUS. Note: Don Willhoit arrived at the meeting. E. REPORTS 1. CARRBORO JOINT PLANNING PROPOSAL The Carrboro Planning Director Roy Williford presented the draft Joint Planning Area Agreement as proposed by the Town of Carrboro. With reference to the agreement he outlined the changes proposed by the Carrboro Board of Alderman: (1) The primary boundary changes between Chapel Hill and Carrboro are located in the northern Joint Planning Area and begin on Homestead Road, north of Sewell Road intersection. Follow Homestead Road to the railroad tracks to the southern boundary of the landfill, and follow the western boundary of the landfill north to 3 Eubanks Road. From that point the present landfill site will be part of the eastern boundary. From that point back east toward Highway 86 to Blackwood Station and follow 86 to the northern limits of the buffer. (2) Section 3 . 1 was changed to reflect the adoption of the ordinances themselves in each of the two municipalities. (3) Section 2 . 3 was changed to allow Carrboro to administer their ordinances within their Joint Planning Area within the ten and twenty year transition zones and likewise for Chapel Hill and Orange County administer their ordinance in the rural buffer area. Commissioners Willhoit and Marshall both pointed out the importance of both Chapel Hill and Carrboro approving the Land Use Plan before the administration of the Plan is finalized. (4) Section 3 . 1 provides for the Joint Planning Advisory Commission to consist of 2 Orange County Planning Board Members, 2 Chapel Hill Planning Board members and 2 Carrboro Planning Board members. (5) The addition of Section 4 to deal with the effect of agreement on extraterritorial planning jurisdiction changes and annexation. County Attorney made reference to the above changes and made further explanatory comments and indicated it important that a Zoning Atlas or Map be agreed upon by all parties. It was the consensus that following adoption of the Joint Planning Area Land Use Plan by the Town of Chapel Hill on July 14 that a committee be established comprised of one elected official and the management staffs of each jurisdiction to meet and discuss the Joint Planning Agreement. 2. TECHNICAL TELEPHONE TASK FORCE Dick Helwig, Chair of the Technical Telephone Task Force, reviewed the response received from the Utilities Commission to the complaint about the long distance failure and stated the response did not answer all questions. He asked that the Board request the Utilities Commission provide a response from each of the three telephone companies involved in an effort to get all the questions answered. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the response letter to the Utilities h Commission and authorize the Chair to sign. VOTE: UNANIMOUS. ITEMS FOR DECISION -- CONSENT AGENDA The County Manager recommended the following action by the Board: AGREEMENT BETWEEN ORANGE COUNTY AND OWASA TO PROVIDE TOPOGRAPHIC MAP SHEETS To approve a modified agreement between Orange County and OWASA whereby Orange County will provide copies of new orthophoto base maps with topographic lines to OWASA in exchange for a $10, 000 contribution to the County's remapping project and authorize the Chair to sign. 2 . AMBULANCE CERTIFICATE AND FRANCHISE (First Reading) To approve the certificate and franchise to allow for the regulation and administration of emergency medical services on the premises of Orange County Speedway as provided by County ordinance. 3 . AIR AMBULANCE CERTIFICATE AND FRANCHISE (First Reading) To approve the certificate and franchise to allow North Carolina Memorial Hospital Air Ambulance Program to provide emergency medical 4 services and transportation of patients within Orange County. 4. DEMOLITION, LOT CLEARING AND HAULING SERVICES AWARD To award the demolition contract for the Councilville Community Development Project to the R. W. Jones Grading and Hauling Company for $7,900 and authorize the Chair to sign on behalf of the Board. 5. RESOLUTION AUTHORIZING EXECUTION OF SECTION 8 HOUSING ANNUAL CONTRIBUTIONS CONTRACT To adopt a resolution authorizing execution of Section 8 Existing Housing Assistance Payments Contract and authorize the Chair to sign. The resolution is as follows: WHEREAS, the Orange County Housing and Community Development Department (herein called the "PHA") proposes to enter into an Annual Contributions Contract (herein called the "contract") with the United States of America, Department of Housing and urban Development (herein called the "Government") . NOW, THEREFORE, BE IT RESOLVED by the PHA as follows: Section 1. The Contract, numbered Contract No. A 2903, is hereby approved and accepted both as to form and substance and the Chairman of the Board of Commissioners is hereby authorized and directed to execute said Contract in triplicate on behalf of the PHA, and the Clerk of Board ip of Commissioners is hereby authorized and directed to impress and attest the official seal of the PHA on each such counterpart and to forward said executed counterparts to the Government together with such other documents evidencing the approval and authorizing the 1 execution thereof as may be required by the Government. Section 2. The County Manager is hereby authorized to file with the Government from time to time, as monies are required, requisitions together with the necessary supporting document, for payment under the Contract. Section 3 . This Resolution shall take effect immediately. 6. C.A.T. VEHICLE/DRIVER LEASE RATE SCHEDULE To approve the C.A.T. (Coordinated Agency Transportation) vehicle and driver lease rate schedule for FY 86-87 as listed below: Effective July 1, 1986, the Department on Aging and participating C.A.T. agencies have established the following Rate per Mile Schedule for leasing of C.A.T. vehicles to each other and to qualifying outside organizations. (Note: County Departments who lease D.O.A. vehicles would be charged the rate established by the County Motor Pool) 15 Passenger Van $ . 35 per mile 24 Passenger Minibus $ .50 per mile 32 Passenger Bus $ .75 per mile Rates include cost of gas, therefore, receipts must be kept for reimbursement. The cost for a C.A.T. Driver is $5. 00 per hour whether the driver is waiting or actually driving the vehicle. All mileage and driver charges begin when the vehicle leaves the Hillsborough Senior Center, 300 West Tryon Street. __ 6 5 Charges will be billed only to an approved Organization not to individuals. All vehicle release requests should be submitted to the Department on Aging C.A.T. Loan Program. ITEMS FOR DECISION (NOTE: ITEMS 1 AND 2 WERE DELETED) 3 . JAMES AND MYRA KIRKMAN (PD-2-86) Planner Susan Smith presented for consideration of approval a rezoning request submitted by James and Myra Kirkman. The 1. 18 acres is located on a state maintained unpaved access road leading to U.S. 70 at the southwest corner of the intersection of U.S. 70 and Interstate 85 in Eno Township. The property is located within an area designated Twenty Year Transition and Commercial-Industrial Transition Activity Node in the Orange County Land Use Plan . The present zoning classification of the property is Rural Residential (R-1) . The applicant is requesting the lot be rezoned to General Commercial-IV. The Planning Board recommended approval of the general rezoning. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the rezoning request from R-1 to GC-4. VOTE: UNANIMOUS. 4. RANDY L. AND SHERRY DUNN - PRELIMINARY Planner Susan Smith presented for consideration of approval the Preliminary Plan for the property surveyed for Randy L. and Sherry H. Dunn. The property is located on NC Highway 57 in Little River Township. The tract is designated as Agricultural Residential on the Land Use Plan. One (1) lot (4.40 acres) is proposed out of 29.629 acres. The Planning Board recommended approval with the condition that the name of the owner be indicated on the plat. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the Planning Board recommendation. VOTE: UNANIMOUS. 5. WAXSTAFF PARK - PRELIMINARY Planner Susan Smith presented for consideration of approval the Preliminary Plan for Waxstaff Park Subdivision. The property is located in Cedar Grove Township off Mill Creek Road. Five lots are proposed out of 4. 6 acres. The Planning Board recommends approval with a 10 ' x 70 ' sight triangle easement recorded at the intersection of proposed and Mill Creek Road as recommended by the Department of Transportation. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the Planning Board recommendation. VOTE: UNANIMOUS. 8. AWARD BIDS FOR REVERE ROAD - COUNTY ANNEX RENOVATION Motion was made by Commissioner Marshall, seconded by Commissioner Carey that contingent upon the adoption of the 1986-87 budget, to award the bids for renovation of the Revere Street County Annex to D. W. Ward Construction, Durham, NC as general contractor, including alternates two, four and five for a total of $221,856; O'Dell Electric, Durham, NC as electrical contractor for a total of $26, 124; and to Mebane Heating and Air Conditioning, Mebane, NC as mechanical contractor for a total of $19,000; and to authorize the Chair to sign on behalf of the Board. VOTE: UNANIMOUS 6 9. WATER PROJECTS County Manager Kenneth R. Thompson presented for consideration rmmm of approval the list of water projects to be funded with the $242,450 provided for by Senate Bill 2 . He outlined the list of proposed projects and the estimated cost of each item. Everett Billingsley, Director of OWASA, stated his concern about the timetable for the improvements to Lake Orange. He encouraged the Board to consider raising Lake Orange two feet instead of one. Chair Willhoit noted that the information he has received indicates that both the OWASA system and the Hillsborough System have the same number of days water supply left. Billingsley asked that the instream flow be cut to a minimum. Commissioner Marshall stressed the importance of working with NRCD to assure that the County maintains the instream flow that NRCD desires. Chair Willhoit asked that additional information be formulated on the potential of using wells to augment the water supply. Chair Willhoit questioned the improvements that must be made if the Lake is raised one foot and Thompson indicated that such improvements would need to be made. Attorney Geoffrey Gledhill noted there is a property rights issue that needs to be resolved before raising the Lake more than one foot. Bobby Nichols, President of Lake Orange Inc. , questioned raising Lake Orange one foot when it could be raised two feet for about the same amount of money and asked that the Board reconsider raising Lake Orange two feet. Betsy Tilly, property owner on Lake Orange, questioned the motives behind Nichols giving the County permission to raise the Lake i two feet when it is not in the best interest of the people who reside on Lake Orange. Pat Key, resident on Lake Orange, pointed out that the five feet easement is specified in the deed for flooding. She does not believe that raising the Lake two feet will solve the water problem. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the resolution as presented deleting all items relating to Lake Orange. The Resolution is printed below as approved: RESOLUTION WHEREAS, Orange County is eligible to receive $242 , 450 in Senate Bill 2 funds over a two year period for water projects; and WHEREAS, the Orange County Board of Commissioners have identified water supply projects as the most appropriate means of allocating Senate Bill 2 funds; and WHEREAS, Lake Orange, Ben Johnston Lake, Corporation Lake and Orange Water and Sewer Authority are the water supply projects/areas requiring improvements. NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that in the interests of increasing the water supply for all citizens, the Board does hereby allocate Senate Bill 2 water funds to the following projects: Lake Ben Johnston 7 1. Install extension to pump shaft. 2. Install siphon to control downstream flow. 3 . Modify existing trash guards at pump intake. The measures would seek to conserve and provide for a safe water supply. The total cost would be $21, 000 (matching funds: State $10,500, Town of Hillsborough $10,500) . Corporation Lake 1. Install a six inch meter ($2,500) at the point of the inter connection of Orange-Alamance Water System and the Town of Mebane Water System and a 12 inch meter ($10, 000 at the point of interconnection with the Graham Water System) . 2 . Install siphon to control downstream flow ($1,200) . Conservation of the water supply would be achieved at a cost of $13 ,700 (matching funds: State $6,850, Orange-Alamance $6,850) . Orange Water and Sewer Authority (OWASA) . 1. Design of booster pump. 2 . Acquire site for pump station. 3 . Acquire booster pump. These measures would assist OWASA in transferring water to Hillsborough during times of severe drought. The total cost would be $219, 000 (matching funds: State $109, 500, OWASA $109,500) . Reservoir Study 1. Conduct reservoir study of Seven Mile Creek and west side of the Upper Eno River at a cost of $60, 000 (matching funds: State $30, 000, local $30, 000) . Land Acquisition for Reservoir 1. Acquire land for an additional reservoir site totalling $91,200 (matching funds: State $45, 600, local $45, 600) . BE IT FURTHER RESOLVED by the Orange County Board of Commissioners that the Board fully recognizes Senate Bill 2 grant funds must be matched with local funds at the amount of $242,450 as above indicated. Cost Breakdown for Water Projects Lake Ben Johnston 1. Install extension to pump shift. $ 9, 000 2. Install siphon to control downstream flow. 1,200 3 . Modify existing trash guards at pump intake. 10,800 Subtotal $21, 000 Corporation Lake 1. Install six and twelve inch meters at the point of the inter-connection of Orange- Alamance Water system and the Town of Mebane Water System and Graham Water System. $12,500 2. Install siphon to control downstream flow. 1,200 Subtotal $13,700 Orange Water and Sewer Authority (OWASA) 1. Design of booster of pump. $13 , 000 2. Site acquisition for pump station. 11, 000 3 . Acquisition of booster pump. 195, 000 Subtotal $219, 000 Reservoir Study Subtotal $60, 000 Land Acquisition for Reservoir Subtotal $91,200 Total $394,900 Senate Bill 2 Allocation $187, 450 Local Match $187,450 VOTE: UNANIMOUS. Total $394, 900 The Board indicated they would reconsider the proposed project at Lake Orange when the legal questions have been resolved and further information is received on the full impact of raising the Lake two feet and the additional cost of raising it one foot now and one foot at a later date. Motion was made by Commissioner Walker, seconded by Commissioner Marshall to study the feasibility of using wells to augment the water supply and a report brought back to the Board. VOTE: UNANIMOUS. 10. WATER CONSERVATION ORDINANCE (A copy of the Ordinance is in the permanent agenda file in the Clerk's office with corrections indicated thereon) County Manager Kenneth Thompson presented for consider- ation of adoption an Ordinance providing for the conservation of water during a water shortage, restricting the use of water and water withdrawals, and allocating augmented streamflow from reservoirs. He reviewed the Ordinance making several word changes for clarification. Commissioner Marshall asked that the "non-essential construction-related activities" mentioned in Article 2 and that the "unnecessary purpose" in Article 3, B-10 be defined. After further discussion it was decided to move the "Alert" level on the chart to 90%, and move all the other levels up 10%. Mayor Frank Sheffield reported that the Town Board did adopt a Water Conservation Ordinance this evening with changing the levels, starting at 90% and ending at 50% at Stage VI. These will be converted to inches or feet below the spillway. The other change was to add civil penalties starting at Stage III. Chair Willhoit referred to Table I and noted that the action levels as proposed by Hillsborough are more restrictive than those indicated by OWASA. Billingsley explained that the levels for OWASA are based on the supply on hand remaining. It was decided that the percentages for Lake Orange would be converted to elevation levels. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to hold a special meeting of the Board at 4: 00 p.m. in the Board of Commissioners Room, Orange County Courthouse, Hillsborough, North Carolina for the purpose of considering the second reading of the Water Conservation Ordinance, and the Cable Franchise Transfer. VOTE: UNANIMOUS. 11. RESOLUTIONS AND/OR POLICY STATEMENTS FOR THE 1986 NCACC ANNUAL CONFERENCE None. 12 . NCMH FLIGHT DISPATCH AGREEMENT AMENDMENT Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the amendment as recommended by the County Manager. VOTE: UNANIMOUS. 13 . HUMAN SERVICES REPORT Motion was made by Commissioner Carey, seconded by Commissioner Marshall to appoint a citizens task force to develop a proposal with pros and cons including alternatives about the direction the Board should take and which of the options presented by the Assistant County Manager the Board should consider for adoption and renewing the charge of the Human Services Advisory Commission. The County Manager's office was requested to prepare a charge for the citizens task force for the next meeting. VOTE: UNANIMOUS. ENVIRONMENTAL AFFAIRS BOARD Motion was made by Commissioner Carey, seconded by Commissioner Marshall to appoint Richard Andrews, Dave Moreau, Francis deFriess, Victor Germino, Laila Moustafa, Robert Peck, Larry Reid and Ted Latta. VOTE: UNANIMOUS. Motion was made by Chair Willhoit, seconded by Commissioner Marshall to request Carl Shy convene the EAB to move the Board toward the goals as outlined in the Grant. VOTE: UNANIMOUS. Mayor Frank Sheffield announced that the Town Board passed a resolution requesting that Orange County reconsider its decision regarding Lake Orange and supports raising Lake Orange two feet. H. ADJOURNMENT With no further items to come before the Board, motion was made by Commissioner Marshall, seconded by Commissioner Carey to continue the meeting to July 8, 1986, 7: 30 p.m. The meeting will be held in the Board Room at Lincoln Center, Chapel Hill, North Carolina for the purpose of considering the Cable Television Franchise Transfer, the Ambulance Certificate and Franchise, the IN 4 � Air Ambulance Certificate and Franchise and the first reading of the Water Conservation Ordinance. Don Willhoit, Chair Beverly A. Blythe, Clerk r 001 ORANGE COUNTY Action BOARD OF COMMISSIONERS " it No. ACTION AGENDA ITEM ABSTRACT MELTING DATE July 7, 1986 Subject: APPOINTMENTS Department: BOARD OF COMMISSIONERS I Public Hearing: Yes % no Attachments: Information Contact: Beverly A. Blythe Under Separate Cover Phone Numbers: 732.8181, 968-4501, 227-0231 PURPOSE: To maintain membership at effective levels on Commissioners' appointed Boards. The following vacancy is announced for the first time for information and/or consideration of resumes: B-6 - HEALTH AND MEDICAL CARE ADVISORY BOARD - resignation of Theresa Singer. Three(3)resumes are submitted for consideration. The following vacancies are announced together with the indication of the status of securing candidates for possible appointment consideration. A-4 - COMMISSION FOR WOMEN - Two vacancies. No recommendation has been received. A-5 - ECONOMIC DEVELOPMENT COMMISSION - One vacancy. No recommendation has been received from the Town of Chapel Hill. A-9 - ORANGE COUNTY LIBRARY BOARD OF TRUSTEES - Two vacancies. No recommendation has been received. A-12 - PRIVATE INDUSTRY COUNCIL - One vacancy. Three resumes are submitted for your consideration. B-1 - BOARD OF HEALTH - 1 vacancy. Resumes will be presented at the August 4th meeting. C-5 - HILLSBOROUGH BOARD OF ADJUSTMENT_- One vacancy for an alternate to replace David Smudski. A-13 - RECREATION AND PARKS ADVISORY COUNCIL - 1 vacancy. No recommendation has been received. ENVIRONMENTAL AFFAIRS BOARD The Solid Waste Task Force nominated Ted Latta and Larry Reid The Town of Chapel Hill nominated Robert Smythe, Richard Rehm, Raymond Burby, Dave Moreau and Pete Andrew. oo The Town of Hillsborough has nominated Francis B. de Friess. Recreation and Parks Advisory Board nominated Laila A. Moustafa. OWASA Board of Directors nominated Robert H. Peck. Orange County Command Team nominated Victor Hugo Germino RECOMMENDATION: _ As the Board decides. I�, O R A N G E C O U N T Y BOARD OF COMMISSIONERS 003 Meeting Date July 7, 1986 . ACTION AGENDA ITEM ABSTRACT Item SUBJECT: PD-2-86 HEARTWOOD AT BLACKW00D MOUNTAIN DEPARTMENT: PLANNING PUBLIC HEARING X 113 No Attachment(s) Information Contact: SUSAN SMITH SEE 5-27-86 PUBLIC HEARING AGENDA PACKET VICINITY MAP LETTER FROM RECREATION DIRECTOR Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive additional information on the proposed planned development rezoning and Class A Special Use Permit request submitted by Spence and Lyn Dickinson known as Heartwood . To continue the receipt of public comment on the request. This item was continued from May 27, 1986 and June 16, 1986 . NEED: Spence and Lyn Dickinson are requesting approval of a planned development rezoning and issuance of a Class A Special Use Permit for 35 .21 acres of land located west of Mill House Road ( SR 1725 ) in Chapel Hill Township . The property is referenced as Tax Map 19 Lots 26A and 29 in Chapel Hill Township . The property is located within an area designated Rural Buffer in the Orange County Land Use Plan . The present zoning classifi cation is Rural Residential (R-1 ) . The applicants are requesting that the 35 .21 acres or 1 ,533,747 .6 square feet be , rezoned PD-H-R-1 .2 IMPACT: Approval of the request would allow development of attached and detached single-family residential structures with an overall density of one unit per 40,000 square feet . The applicants have revised the site plan to provide for a total of 33 dwelling units, including three (3) duplexes ( buildings #4/ 14, 15/16 and 17/ 18) . Proposed building sites #22 and 22 have been combined on the revised plan as site $26 . 004 Proposed building sites #4, 14, and 15 are shown on the revised plan as the three duplex units. There is no building/site referenced as #25 on the revised plan . The proposed cul -de-sac is shown on the revised plan as a loop road named Blackwood Mountain Road . On the revised plan the septic tanks and nitrification lines' for the artist bungalows and community center have been shifted to the original location of community well #1 . The applicants have also shifted the location of well #1 south of the artist bungalows to meet state requirements regarding the location of well sites in proximity to septic tanks/nitrification fields . The revised community well location has not yet been approved by the N.C. Department of Human Resources, Division of Health Services . The letter dated April 21 , 1986 from the Division of Health Services (See May 27, 1986 public hearing agenda packet) addressed only those suitable sites in the northwest and southw est corners of the property. See Impacts Statement for further information . RECOMMENDATION: The Planning Staff recommends approval of the planned development rezoning and Class A Special Use Permit request with the conditions of approval recommended at the May 27, 1986 public hearing with the following revisions: REVISE CONDITION #6 as follows: The following recommendations apply to the road and parking facilities: a. DELETE - The applicant has complied with this condition in the revised site plan . d . The private Class A road serving the community center shall be constructed to Orange County private road standards, but shall be hard-surfaced in compliance with NCDOT Minimum Construction Standards for pavement design for subdivision roads. The primate roa, shall be Subject to a road maintenance agreement 5ubmitf ed to and approved by the Orange County Attorney prior to the recordation of the Final Plat, The agreement shall be recorded in the Orange County Register of Deeds. REVISE CONDITION #7 as follows: The following recommendations apply to the recreation area and facilities . a. Tot lot/playground area to include play apparatus for childres, ages pre-school to 14 ( i .e. swings, slides, climber, whirl ) and benches for adult supervision . Some shaded areas are to be provided within the tot lot area. The tot lot area shall be defined/enclosed with a barrier. c. Provide one ( 1 ) parking space for each dwelling unit. Provide one ( 1 ) handicapped parking space for every 10 spaces. Parking spaces shall meet the dimensional 005 requirements of Article 10 of the Orange County Zoning Ordinance. HaOJicapped parking spaces shall be barrier free ansi jdentlfieLl for use by individuals with physical disabilities. The handicapped parking spaces shall be a minimum of 121 iD wifIth and shall be designed as follows:, ( 1 ) wheel or waJ k bghJ nd parked cars e e l (2) so that handicapped jndiyidyals cgn Inter and exit the vehicle onto a Jevel surfa�e suitable for wheeling and walking (3) in conjunction with sidewalk cat-aways apsl/or ramps, not exceeding five percent (5%) slope e. Construct all walking and hiking paths with a minimum width of 4-6 feet and on slopes no greater than 5%. Construct all riding/hiking trails with a minimum wJlJtk of 6-8 feet with a minimulm_ 01_2 additional feet on either side and 10 feat oyer-heesl clearance. REVISE CONDITION #8 as follows: 8. The following recommendations apply to the lot arrangement: a. Lots #33 and 34 shall be deleted . (These lots are a considerable distance from the remainder of the community. The revised site plan has addressed concerns regarding accessibility to lots #14 and 15 as shown on the original site plan . ) b . Delete condition - applicant has addressed concerns in the revised site plan . c. Each lot platted on the Final Plat shall include the area associated with the building site and the septic tank, including the nitrification lines and repair areas . there the septic tank/nitrification lines/repair are to be located off the property subject to the rezoning/special use permit, appropriate easements shall be platted and recorded in the Orange County Register of Deeds along with legal descriptions and easement agreements submitted to and approved by the Orange County Attorney. REVISE CONDITION #9 as follows: The location of the community wells shall be approved by the N.C. Department of Human Resources, Division of Health Services, and shown on the revised site plan prior to the issuance of the Special Use Permit, Final plans for the community well system REVISED CONDITION #10 as follows: All final plans for drainage, soil erosion and sedimentation control shall be reviewed and approved by Orange County and the site plan modified accordingly to satisfy the Soil and Erosion 006 specifications, of a width specified by the Erosion Control Officer along the creek and intermittent stream. , prior to the issuance of the Special Use Permit. In addition . . . Please note that conditions #1 -5 and 10-20 are common to all planned development-housing-rezonings and special use permits . M WJ 1 lee Lti 28. 1967 AC. SEE MAP 19A \� 28 V [PERRY,PER .46 AC.RY,CATES] 6230 yes 11 y fJ f ruaawn rian�. .a 7010 [� � 993! `1 IL4LI B+LTB+ I oow 8LV-r,38AC. 1 IE I Il a , 712AC �+.t} ° •1� f32lAC• oson I oor 5 lose gN 1 s, 4U� _c4_r_ sr o_o ,8y=J r *a — 8+ _2.85A C. (REST] �— 638 �— 378 AC I 4i IA ! CAL '� t li.. 84 r.75e1C � 2AC. .�" Q3A' G. 10 02 AC 3I 4� z a c xsoe� WAwoR F ---- f JCfigp� r -�__ ` 3) 8fof � � 413, 84AC. Z.9AC �— SSW 4.25 AC �J ( � MRPEL 141t(. ssac ! +A 27,77AC, POU,XMAatij „�, g, , 17 (aG AC Isc fs �' mr, 17 ice 1R)p 3.28 GC. %%% 4-95 AC �... ' '' �� ._. �� •ezat ���—gala= `"�J _,\ m� -i f 27 !aPDSCp 1St soa4 - l.33AC. so,s 1 '"No P1 li11L x 29 2385A 7e a� T sr3T( ._ �9977 2a AU 18.54 IA , ' i 23Ar, 20A 5.284C `l . fill!►t1SrTy 1 11.74 tM ti ,'_-►—�,. ._ 057.71 At-- ) �.._ � � 25D �i SEE 14.1• � 1 922p �•• +•.� * 2 M..124D f 1308!! 25 •1127 O CD 82 $10 AC 1•40 919 ow ' �.�........ � � 25L• •LSAC• Ifs �� �23 5!1 fr^^-Ai: L�HA G Ct IN6exrI' r110 , 1124 June 6, 1986 008 Orange County Planning Department Orange County Commissioners Hillsborough, N.C. 27278 To all whom this concerns; Heartwood is the fulfillment of a long held vision and the practical application of 15 years personal experience. I would like to express my intentions in developing Heartwood. They are threefold. One is to develop a small working homestead with my family where there are gardens, animal husbandry, woodworking and related activities which are a part of a family homestead lifestyle. Since we moved into the "the old BlackburnPlace" this past September we have begun substantial gardens, re- vived the many neglected fruit trees, cleaned up and cared for the grounds, restored many of the outbuildings into useable conditions have the pleasure of the antics of a young Jersey Heifer, and the challenge of humble begin- ings. In essence my home is a place to learn, to grow, and to share for my. own family and for others who may wish to participate. This brings me to the second aspect which is to involve children. In the decision to purchase this land I was very interested in helping the Emerson Waldorf School find a suitable place to build their school and sold them a parcel.. of land on which to build. The Waldorf School philosophy and educational program lends itself well to being involved with a farm - environment. Many Waldorf Schools have adjoining a-larm situation which enhances many aspects of the children's school experience. My children both attend the Waldorf School and I find their enjoyment of school quite remarkable. Thirdly, I want to develop a residential community where families:;and individuals have theopportunity to participate in a lifestyle that restores many of the strong values and learning situations of the family farm yet offers privacy and, individual choice. A place where there can be a harmonious blend of respect 'for -the land and opportunity to participate in activities that would not be available in most residential developments. For me and I know many others, there is more to life than one's work, TV, and health clubs! Heartwood. .is my personal commitment to offer to those people who like me want to live in a neighborhood environment where they can get involved, con- tribute, and grow in ways seeminf' destined to be forgotten in this fast paced age of computers and hi-tech living. The center of Heartwood is a. lake and throughout the development there . will be walking trails to connect the residents..with the school my homestead the lake, the community building, play areas_, and gardening areas. No doubt any children attending the school will create their own paths from home to school and to their favorite places in Heartwood. The homes at Heartwood will be carefully placed;so-.as to be neighborly but positioned in such a way that will maximize privacy. Utmost care will be taken to preserve the woodland environment throughout. I personally will be involved in ap- proving all site and building plans, any tree removal and landscaping. I intend to work closely with the Heartwood Homeowners Association in • 005 managing the community building, craft workshops, gardens, lake, and rec- reational areas.td insure a high level of quality maintenance, safety and enjoyment of the facilities at Heartwood. I would like to address the requests made of us regarding several aspects of our proposed development. Concerning the roads in general, we feel it would be in the best interest of the residents and the preservation of privacy and the special environment of Heartwood to build roads to private versus state standards. To have less right of way means preservation of trees and increased privacy in• a situation where homes will already be fairly close together. Any savings in development costs as a result of private versus state roads we would. pas /on in offering more affordable housing of which-there is a need in Orange County. 6D In reference to paving the road to the community building we will be requesting additional homesites for Heartwood and would prefer to pave road at that time. Traffic use on the road to the community building would be light until later development occured. . - ' 6C Regarding the requirement of including a cul du sac after the parking .. area at the community building, we feel the nature of the facility being private and small would not require another turn around for fire and safety. We have designed parking area with turn around and safety in mind. There would be an access road to kitchen area of the community building for closer access. Again, the cost of a cul du sac adds considerable expense especially if paved to the small number of homes now under approval. • 13 We would like to defer final landscaping plans for the community building and adjacent parking area until future submittal of application for community building permit because building plans are not final at this time. 1 In reference to the bonding of the project road and utility costs we are submitting a letter of Heartwood's phases and development costs. We request that the bond/letter of credit for development costs be for no more than cost plus 10 % to cover each phases, one at a. time. SC Regarding septic, we request approval for the addition of adjacent ease- ments for the septic where lot won't allow for nearby nitrification line and repair area. At this time there are only 4 lots in need of easements and areas have been approved by the Orange County Health Department. Blackwood Station is a very special part of Orange County. :As _ residents of this area since 1970 and as owners of Sunrise Farmers Market we present as an indication of our personal commitment to Orange County and its residents a development called Heartwood. We wanted to offer our community our service so we opened Sunrise in which we are active owners and managers...We are very excited about Heartwood not just because it is our home but because we feel Heartwood as it is envisioned will be a very worthy addition tb this community and one- which will offer Orange County more than just another development. Respectfully submi dd. , Spence M. Dickinson 647Lie ' /124_4:44U-yt.40,4,1‘_, Lyn A. Dickinson 0 twOOD PAASES AND DEVELGPAEN1 COSTS PHASE I £5 UNITS ON HEARTWOLw DRIVE ROADS: Sd4,4A04).00 WATER: 36.000.00 ELECTRICITY: 10,000.00 SIGN: 1,000.00 TOTAL 081,000.00 ============= ================== PHASE II 14 UNITS BLACKWOOD 24TN ROAD ROADS: 074,000.00 - WATER: 12.000.00 ELECTRICITY: 3,200.00 MODIFY LAKE. PICNIC AREA 6,000.00 TRAIL AROUND LAKE TOTAL 097,200.0o PHASE III 4 UNITS, LAtiE, COMM isLiJG - ROADS: WATER: 2,0u0.00 ELECTRXcITY: 2,500.00 COMMUNITY GARDEN 3,500.00 COhMUNITy auILDING 60,000.00 TOT LOT, CAMPING SITES 4,000.00 DOCK TOTAL s92,000.00 a= GRAND 7GTAL: THREE PHASES 470,200.00 .aa aaaa. THE TuTAL DEVELGPMmNT COSTS ARE SU8SPANTIAL: YriERcr , IT IS ItiCESSARY Foa THE :.:,,,..)CCESS OF THE tdRUJECT TO PnASE 11-1 COST:c, Ams B%:iNDING. • �Y, 7 o i _ • (Orange ( aunty Rierrratrun ttnI arts Department c • • 300 West Tryon Street C 0- HILLSBOROUGH,HILLSBOROUGH, N.C. 27278 Li{e,Beinit_ Mary Anna Black, Director p k-fi ! , ,i--i rl i �SL 3�'j MEMORANDUM • TO: Susan Smith, Planner III • • FROM: Mary Anne Black. jr . DATE: June 3, 1986 RE: Heartwood — Proposed Planned Development Upon review of the preliminary site plan for the proposed Heartwood Development, I find. only a couple of areas of concern from a recreation and park perspective. 1. The recreation facilities should be handicap accessible, in as much as possible. Handicap parking spaces and, if necessary, ramps should . always be provided at recreation areas. All walking and hiking paths should be constructed to have no more than 5% slope to accomodate the . infirmed and handicapped. Handicap parking spaces should be barrier-free and identified for use by individuals with physical disabilities. Spaces should be at least 12 ' feet in width and should be designed as follows: a..- So that handicapped individuals are not compelled to wheel or walk behind parked cars. b. So that handicapped individuals can get into and out of an automobile onto a level surface, suitable for wheeling and walking_ c. In conjuction with sidewalk cut-sways and/or ramps, not exceeding five percent (5%) slope. 2. The tot lot area should be defined/enclosed with a barrier to prevent pre-schoolers from running out into the trail and/or pond area. 3. Riding/hiking trails require a minimum of 6-8 feet in width with a minimum of an additional 2 feet either side and 10 feet over-head clearance. This allows for the multiple use for both riding and hiking. Thank you for the opportunity to make these staff comments. I will present my recommendations to the Orange County Recreation and Parks Advisory Council at their June meeting and will forward to you any changes/additional comments they may have. CC: Lorraine Parker, Chairperson Orange County Recreation and Parks Advisory Council Hillsborough, 732-9361 e Durham, 688-7333 Chapel Hill, 968-4501 O Mebane, 227-2032 Area Code 919 • 012 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT MEETING DATE JULY 7, 1986 Actin Agenda SUBJECT: PANTRY AREA STUDY Item DEPARTMENT: PLANNING PUBLIC HEARING XYes No Attachment(s) information Contact: LAURA HILL SEE 5-27-86 AGENDA PACKET FOR DRAFT AREA STUDY TOWN OF HILLSBOROUGH RECOMMENDATIONS Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive the recommendation of the Hillsborough Town Board on the draft Pantry Area Study Land Use Plan . This public hearing was continued from May 27, 1986 and June 16, 1986 . NEED: The Hillsborough Town Board requested that the public hearing on this item be continued to allow adequate time for the Town to consider the area plan and formulate a recommendation on it. Development applications received and subsequently approved indicate a need for review of the County 's Land Use Plan for the area. Such a review, including the participation of the Town of Hillsborough, will insure that subsequent developments are in accord with municipal and County objectives . IMPACT: Adoption of the draft area study land use plan would establish development standards for the transition areas and additional protection for environmentally sensitive areas . RECOMMENDATION: Adoption of the Pantry Area Study as submitted. 013 w •Mayor e �:+un of ti aburuu Town Clerk Frank H. Sheffield, Jr. Agatha Johnson HILLSBOROUGH, NORTH CAROLINA 27278 Supt. Water Works Commissioners James Pander a h Myron L. Martin Sr A Horace H. Johnson Street Supt. Allen A. Lloyd _ L.D. Wagoner Remus J. Smith " 1`r Chief of Police Rachel H. Stevens �� �a Arnold W. Hamlett Fire Chief 1 ��,��' John Forrest •4�W TO: Board of County Commissioners FROM: Laura Hill , Hillsborough Planning Department- RE: Recommendations on the Pantry Area Study DATE: June 10, 1986 The Planning Board and the Town Board, on June 5 and June 9 respectively, reviewed the Pantry Area Study Land Use Plan and recommended approval . O R A N G E • C O U N T Y. BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT 014 Meeting Date: July 7, 1986 Action A enda Item # � SUBJECT: CARRBORO DRAFT JOINT PLANNING AGREEMENT *************************************************************************** DEPARTMENT: PLANNING PUBLIC HEARING: Yes_X_No *************************************************************************** ATTACHMENTS: Draft Agreement CONTACT: Marvin Collins TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 967-9251 Durham 688-7331 Mebane 227-2031 PURPOSE To consider the draft Joint Planning Area Agreement as proposed by the Town of Carrboro. NEED; When Orange County and Chapel Hill entered into a Joint Planning Agreement, the Town of Carrboro elected not to enter into such an agreement until the Plan for the area was prepared and a zoning map and development standards Jointly adopted by the three Jurisdictions - Orange County, Chapel Hill and Carrboro. With the pending adoption of the Joint Planning Area Plan, and Carrboro ' s involvement in Plan preparation, Carrboro has submitted a draft agreement for the Commissioners consideration . IMPACT: If adopted, the draft Carrboro agreement would have the following impacts: 1 . The Land Use Ordinances (and zoning district designations) of Carrboro and Chapel Hill would be adopted by the Orange County and would apply within the Ten and Twenty-Year Transition areas as shown on Exhibit A. 2. Chapel Hill and Carrboro would administer the referenced ordinances Just as if the land were located within the extra-territorial Jurisdiction of the communities. Administration would include all on-site inspections . 3. Applications would begin with and end with the Towns. Orange County would be given an opportunity to make recommendations on any of application . 4. A Joint Planning Advisory Commission would be created comprised of two members each from each Planning Board . The Commission would review and monitor the Joint planning process, conduct a comprehensive review of the agreement and area boundaries every five years, make recommendations on map and text changes, and undertake studies concerning the development of the joint planning area. 5. Chapel Hill and Carrboro would mutually agree upon a line, beyond which , neither would seek. to annex or establish extra-territorial jurisdiction . 6. Violations of ordinances would be addressed by initiation of legal action by the Towns. The consent of and formal participation by. the County would be sought. Orange County would retain control over the land use plan, but it would be subject to the approval of the three jurisdictions. Orange County would also retain a "courtesy review" role in being able to make recommendations regarding development applications . The Board of Commissioners requested that Chapel Hill comment on the proposal prior to its consideration . The Town Council met in a work session on Tuesday, July 1 , and by general concensus agreed that formal adoption of the Joint Planning Area Land Use Plan should occur first. Following adoption of the Plan, a committee should be established comprised of one elected official and the management staffs of each jurisdiction to meet and discuss the joint planning agreement. The Chapel Hill Town Council did not address the specific proposals made by the Town of Carrboro. RECOMMENDATION: As the Board decides. . . • - . - JOINT PLANNING AGREEMENT • • • DRAFT Ole - -.Apra...l 8, 1986 • • TH I S AGREEMENT; made and entered into this day of - .• , 198 , by , and between the - COUNTY OF ORANGE, a - - political subdivision of the State of North Carolina, THE TOWN OF CHAPEL HILL, and the TOWN OF CARRBORO, municipal corporations duly created and- existing under the laws of North- Carolina - WITNESSETH: in consideration of the pub I ic• benef lts expected to flow from the cooperative efforts of the parties - i n establishing a coordinated and comprehensive system of planning within their • respective areas of public concern, the ' parties to this Agreement hereby .mutually agree as follows: ARTICLE I . PURPOSE, DEFINITIONS, EFFECTIVE DATE • ' Section 1 . 1 .Purpose of the Agreement. The purpose of this . agreement is to establish a •method of coordinated and comprehensive planning in the Orange County-Chapel Hill -Carrboro Joint Plannin IL, herein. 9 Area, as de-fined. - Section 1 .2 Definition of Joint Planning Area. A. The term "joint planning area" as used in this % agreement refers to that area lying ouside the extraterri - torial planning jurisdiction of Carrboro and Chapel Hill but within the joint planning boundary designated on the map attached to this agreement as Exhibit A and Incorporated herein . The term also refers to the area shown on modifica-- ions of Exhibit A If the joint planning area boundary Is amended pursuant to 'Section 2.6 of this agreement. B. Exhibit A shows a line running from north to south that divides the joint planning area into -a western segment, - where Carrboro 's interests are paramount, and an eastern segment, where Chapel Hill 's interests are paramount. These two areas are referred to throughout the remainder of this agreement as the Carrboro Area of Primary Influence (APi ) and. the Chapel H i l l Area of Primary Influence (API ) , respec-_ tively . . - C. The terms "ten-year transition zone" and "twenty-- year transition zone" refer to those areas so designated on Exhibit A, as the same may be modified in accordance with the. provisions of Section 2. 6 of this agreement. - -1 - . _ • • .. . •• -• •S _ r _ • - • • Y o_ .I . ' , Section 1 .3 Effective Date and .Durationo A. This agreement shall . become effective on the effec-s- tive date of an ordinance adopted b y Orange County that k. amends Orange Countyes . zonl•ng. ordinance ( including map) and subdivision ordinance as . prescribed In -Section 2, 1 of this agreement. • • : - B This agreement shall remain in effect until any party withdraws,. which may be accomplished by providing thirty days 'written notice to .the other parties . • ARTiCLE 2. - ADOPTION-, ADMINISTRATION; AND AMENDMENT OF STANDARDS Section 2. 1 Standards Within Ten and Twenty Year Transition Zones. - .A. Orange County shall adopt by reference the Carrboro Land Use Ordinance and make Its provisions applicable only to that portion of the ten and twenty-year transition zones located within Carrborots API . Orange County shall -also amend its zoning map to zone areas within that portion of the ten and twenty-year transition zones that lies within Carrborols API as shown on Exhibit A. These zoning districts correspond to the text of the Carrboro Land Use Ordinance. B. Orange County shall adopt by reference the Cha e l Hill . Land Development ordinance and make its provisions applicable only to that portion of the ten and twenty-year transition zones that is located within Chapel Hill 's API . _ Orange County shall also amend its zoning map to zone areas within that portion of the ten and twenty-year transition zones that is located within Chapel Hill 's API as shown on Exhibit A. Section 2. 2 Standards Outside Ten and Twenty _ Year Transition Zones . Within that portion- of the Joint planning area that lies outside the ten and twenty year transition zones , the Orange County zoning ordinance ( including zoning map ) and sub- division ordinance that are in effect on the effective date of this agreement shall remain i-n effect until modified in accordance with Section 2. 6 of this agreement. Current zoning districts are shown as Exhibit A. Section 2 .3 Permit Administration Within Ten and Twenty Year Transition Zones . A. Except as otherwise provided in Section -2.5 ane( V w 2. 6, the Town of Carrboro shall perform all -functions related to the administration of the ordinances referenced in Section 2. 1A . Subject to the remainder of this section , Carrboro shall administer the referenced ordinances just as If the Land were located within the town 's extraterri•toriai. planning - • Jurisdiction. Administration' shall .include the necessary on- . site inspections to ensure that the .developer complies with O11 117: . the applicable ordinance requirements and the terms and conditions of any permit issued by the Town ,of Carrboro. B. Except as otherwise provided in Section 2.5 and 2.6, the Town of Chapel Hill shalt perform all functions related to -the administration of the ordinances referenced in Section 2.18. Subject to the remainder of this section, Chapel Hill shall administer the referenced ordinances just as if the land were located within the town 's extraterri- toriai planning Jurisdiction. Administration shall include the necessary on-site inspections to ensure that the. developer complies with the applicable ordinance requirements and the terms and conditions of any permit issued by the Town of Chapel Hill . C. Whenever the towns receive an application for a development permit °relating to land within the ten and twenty year . transition zones, ( including • those portions of these zones located within the towns ' extraterritorial jurisdic- tions) they shall forward a copy of the application and plans . application the Orange County planning department. In processing an - under this section, the towns shall establish procedures to ensure that the Orange County Board of Commissioners, advisory boards, and planning staff have a reasonable opportunity to make recommendations regarding such applications . Section 2.4 Permit Administration in Joint Planning Area Outside Ten and Twenty Year Transition Areas . A. Except as otherwise provided in Section 2.6 and the remaining provisions of this section , Orange County shall perform all functions related to the administration of the ordinances referenced in Section 2.2 in the same manner as if the land were located outside the joint planning area. - 5. Whenever the county receives an application for a development permit relating to land within the joint planning area but outside the ten and twenty year transition zones, the county staff shall forward a copy of the application and plans to the applicable town planning department. pro- cessing an application under this section , the county $ln l establish procedures to ensure that the towns ' reshal governing boards, advisory board and planning staff have� va reasonable opportunity to make recommendations concerning applications affecting their respective areas of primary influence . 4:1 Section 2.5 Enforcement Remedies . A. Permit revocation , if necessary and authorized by ordinance, shall be handled by the same individual or board authorized to issue the original permit. -3- • . . a■ ■ B. •With'In 'those" portions ' of the Joint planning areas - where the .ordinances are .administered by the towns, enforcement efforts through. the _ use . of civil penalties, criminal penalties, or injunctive relief shall be initiated by the towns with : the consent and at 'feast the formal participation by the County. Section 2.6 Text and Map Amendments. A. Proposed amendments to the zoning map applicable to the joint p l ann-I ng area shall be referred to the Joint .Planning Advisory Commission ( JPAC) and to the governing body . and planning board of each town with respect to proposals. affecting each town*s respective Areas of Primary • influence. - Orange County shalt establish procedures to ensure that JPAC and the towns' governing bodies and planning boards have a- reasonable opportunity to comment on proposed amendments before the Board of Commissioners makes a _final decision. B. Proposed amendments to the text of this agreement as well as the joint planning area boundary, the jurisdic- tional boundary between the Carrboro API and- the Chapel Hill API , and -the land classification districts shown on Exhibit A (the ten and twenty year transition zones, rural buffer- areas,. etc. ) shall also be referred to JPAC for its comments and recommendations. Such changes shall not become effective until approved by all parties to this agreement. C. Whenever Carrboro or Chapel Hill amends the ordin•- . ances' referenced in subsections 2. 1A and 2. 1B respectively, they shall refer such amendments to Orange County with a request that the county make corresponding changes so that - the towns may continue to enforce within their respective portons of the ten and twenty year transition areas the same standards that they enforce within their own regulatory jurisdictions . Orange County may refer such requests to JPAC for its comments and recommendations . ARTICLE 3. JOINT PLANNING ADVISORY COMMISSION Section 3. 1 - Joint Planning Advisory Commission Established . A. A Joint Planning Advisory Commission consisting of six members is established . The commission shall have the following composition : ' 2 Orange County Planning Board Members 2 Chapel Hill Planning Board Members 2 Carrboro Planning Board Members Commission members from each of the three jurisdictions shall be appointed by the respective governing boards of those jurisdictions . If one or more of the three jurisdictions _ _ _ oannot find two planning board members, willing and able to serve, the governing body of such Jurisdiction may appoint as a member any resident of that town• :or Its extraterr l for i a l Q2C planning juri-sdiction.. • . • - B. Commission members shall serve two-year staggered terms but members may continue. to- serve until their successors have been appointed. Initially, one goner i ng body member and-one planning board member from each ,jurisdiction - shall be appointed for one-year terms and one governing body member and one planning board' member from each Jurisiction • shall be appointed for two-year terms. Vacancies shall - be . . filled for the- unexpired terms only. - - C. Members may be appointed to successive terms without limitation. Section 3.2 Meetings and Officers of JPAC. A. The JPAC shall meet upon the call of the chairman or vice-chairman and may also establish a regular meeting schedule. B. A quorum for the JPAC shall consist of four members, including at least one representative from- . each jurisdiction . Alt actions of this commission shall be by majority vote, a quorum being present. C. The JPAC shall hold an organizatiornai meeting annually during the month of January . At this meeting , the . commission shall select from among its members a chairman and - vice-chairman . Vacancies in either office may be filled by the commission for the remainder of the term of office. Section 3.3 Powers and Duties of JPAC . A. The Joint Planning Advisory Commission shall : 1 . Review and monitor the joint planning process under this agreement and make recommendations for improvements; 2. At least every five years undertake a- compre-- • hensive review of and make proposals concerning those matters referenced in Subsection 2.6B . 3. Make recommendations on map and text changes as provided in Section 2. 6; 4. Undertake studies and make recommendations concerning the development of the joint planning area; 5 . Perform any duties assigned to it by al Y a sig ed y I three parties to this agreement . • -5- „ . . • - - • • • • • . • • • • • 021 - • • • . • _ . B. The Joint Planning Advisory-Commissial- may adopt -” rules and regulations governing its procedures not Incon- sistent with the provisions of this agreement. (r, ARTICLE 4. EFFECT(OF AGREEMENT ON EXTRATERRITORIAL PLANNING 4 JURISDICTION CHANGES .AND ANNEXATION • _ Section 4. 1 Effect of . Agreement Upon Extraterritorial • Planning Jurisdiction Changes . • The parties agree thaf, if the County acquiesces In a - request by either town for the expansion of that town 's • - extraterritorial pianning 'jdrisdiction, either 'by approving a • request for such expansion pursuant to G.S. 160A-360 or by.. • supporting an expansion through the adoption of a local act by the General Assembly,. the_ jurisdictional line for such expanded area will not allow . one town to encroach upon the - other 's Area. of Primary Influence as established by Exhibit A. • . • Section. 4.2 Effect of Agreement Upon Annexation Each town agrees that it will not seek to annex invotun- . tarlly any territory that is within the Area of Primary Influence of the other town - as shown on. Exhiblt A. _ . • • • • • • • • BOARD OF COMMISSIONERS . ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM N0171' MEETING DATE July 7, 1986 02 SUBJECT: Approve modification of Agreement between Orange County and • OWASA to provide topographic map sheets of Chapel Hill Township: IDEPAPT!'•1ENT: Central Land Records ' f PUBLIC HEARING: YES x NO • INFORMATION CONTACT: ATTACHMENT(S) : Roscoe Reeve Agreement PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 DURHAM 688-7331 • PURPOSE: To change a fiscal year designation and a date on an Agreement between Orange County and OWASA whereby Orange County is to provide copies of new orthophoto base maps with topographic lines to OWASA, and OWASA is . to make a contribution to County ' s remapping project . The new designated fiscal year for copy provision is 1986-87 , and the contribution date is July 31 , 1986 . - NEED: OWASA will make a contribution to the Phase 2 remapping project which will provide County with topographic overlay base maps of Chapel- Hill Township. OWASA was unable to execute original Agreement by June 30, and requests the modification. - IMPACT: OWASA will contribute $10, 000 to the County' s remapping project for Phase 2 . RECOM,'1E!'lDATION(S) : That the Board of Commissioners authorize its Chair to sign the modified Agreement between Orange County and OWASA for OWASA' s participation in the remapping project and the County' s provision of copies of certain • topographic orthophoto base maps for Chapel Hill Township . 024 AGREEMENT THIS AGREEMENT, made this 7th day of July, 1986, by and between Orange County, North Carolina, hereinafter referred to as the "COUNTY, " and the Orange Water and Sewer Authority referred to as the "AUTHORITY, " WITNESSETH THAT: WHEREAS, the COUNTY has entered into a multi-year, multi-phased project to remap the County with new base orthophoto maps, topographic overlay maps of a certain portion of Chapel Hill Township, and new cadastral property maps under an Agreement with L. Robert Kimball and Associates of Ebensburg, Pennsylvania, known as the "CONTRACTOR" ; WHEREAS, the AUTHORITY has requested an agreement with COUNTY to purchase mylar copies of certain topographic base maps of Chapel Hill Township, an overlay of an orthophoto at 1" = 100 with 2 ' contours, more specifically described in that Agreement between COUNTY and CONTRACTOR - identified as Phase 2 ; BE IT AGREED, that COUNTY agrees to allow AUTHORITY to purchase mylar copies of certain original topographic overlay maps of Chapel Hill Township, from COUNTY, at cost (presently $38.50) , to be delivered by CONTRACTOR according to the schedule of priorities, conditions, and time specified in said Phase 2, other sections of the Agreement between COUNTY and CONTRACTOR, and the contract map; BE IT FURTHER AGREED, that said topographic map copies shall not exceed 203 map sheets to be provided in the 1986- 87 fiscal year; BE IT FURTHER AGREED, that AUTHORITY will pay to COUNTY ten thousand dollars ($10, 000) for its contribution to COUNTY'S remapping project, by July 31, 1986 AUTHORITY to pay the additional per-sheet cost upon delivery to and acceptance by AUTHORITY; 02 BE IT FURTHER AGREED, that AUTHORITY will reproduce, in whatever possible form and by whatever possible means, those purchased mylar topographic base maps of Chapel Hill Township ONLY for the use of AUTHORITY offices and will not sell any copies of said maps to the general public, private citizens, clients, applicants for permits, businesses, corporations, consultants to AUTHORITY without specific written permission of COUNTY; THIS the day July, 1986. Don Willhoit, Chair Board of County Commissioners Everett Billingsley OWASA This Agreement is in TWO original documents to be signed by both parties and each to retain one copy. ■rrr . BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM'NO. MEETING DATE JULY ,7. 198 6 SUBJECT: AMBULANCE CERTIFICATE AND FRANCHISE DEPARTMENT: EMERGENCY SERVICES PUBLIC HEARING: YES X NO ATTACHMENT(S) : YES INFORMATION CONTACT: ■ ' PHONE NUMBERS: HILLSBOROUGH 732-8151 ; CHAPEL HILL 929-8109, ,,9YiWWnaL GMf1.uFWYNUS +'MrW PURPOSE:: TO ALLOW FOR THE REGULATION AND ADMINISTRATION OF EMERGENCY MEDICAL SERVICES ON THE PREMISES OF ORANGE COUNTY SPEEDWAY AS PROVIDED BY COUNTY ORDINANCE. TO ALLOW FOR THE TRANSPORTATION OF EMERGENCY PATIENTS FROM THE PREMISES OF ORANGE COUNTY SPEEDWAY TO A MEDICAL FACILITY. NEED: TO GRANT THE RIGHT TO RESPOND TO REQUEST FOR EMERGENCY AID AND ASSISTANCE; AND TO ADMINISTER MEDICAL AID AND ASSISTANCE TO PATIENTS IN EMERGENCY MEDICAL SITUATIONS OCCURRING ON THE PREMISES OF ORANGE COUNTY SPEEDWAY - HWY. 57 DURING RACING EVENTS. IMPACT: WOULD PROVIDE A MEANS OF PROVIDING EMERGENCY MEDICAL AID AND ASSISTANCE FOR DRIVERS AND SPECTATORS DURING RACING EVENTS AT. ORANGE COUNTY SPEEDWAY BY THE TRACK OWNER. WOULD. ALSO REQUIRE STATE CERTIFICATION OF AMBULANCE AND ATTENDENTS COVERING THESE EVENTS. RECOMMENDATION(S) : BOARD APPROVE CERTIFICATE AND FRANCHISE • • COUNTY OF ORANGE APPLICATION FOR AMBULANCE FRANCHISE I . Name of Applicant Orange County Speedway Inc. Address of ApplicantP•O.Box 1122, Roxboro, NC. 27573 Name of Owner(s ) of the Ambulance (s ) Orange County Speedway Inc. Address of Owner(s)-..of the Ambulance(s) Hwy 57, P.O.BOx 1122 Roxboro, N.C. 27573 II. The Trade or other fictitious name under which the applicant does business Orange County Speedway Inc. III . Attach a brief history and description of the a;Dplicant ,.justifying the public necessity of such service and demonstrating the fulfill- ment of a community need . Pertinent information should include : A . The location and description of the place or places. from which it is intended to operate .. B. The number of vehicles , including ambulances ,wreck trucks , cars and their locations . C. �11�. staffing of v_. icles , noting the applicant' s cap. _... eh ability to provide twenty-four (24) hour coverage , seven days per week' for the area covered by .the franchise applied fors and an accurate estimate of. the minimum: • and maximum times for a response to calls within the area. D. The ability to provide back-up coverage and the .depth of such coverage . B . The number of calls answered--both .emergency and non- emergency--and the method of record keeping used by the applicant . F. The training and experience of the applicant in the transportation and care of patients . G. Mutual Aid agreements--county wide and the area outside the county. H. Disaster Plans . 02 IV . List each ambulance and rescue vehicle owned and operated by ',the applicant (see attached) . - V. Submit a financial statement indicating the net worth of the owner of applicant over and above all debts , judgments , claims and demands whatso ever . VI . List the title of all actions and unsatisfied judgments of iecord including the amount of judgments against such owner. VII . Submit the court record , if any, •of applicant . If applicant is a corporation, partnership, association or other organization, the court record of any of the officers , directors and supervising employees thereof, including the general manager or director. VIII . List liens , mortgages , or other encumbrances on such ambulances - -the amount and character thereof . IX . Describe the Insurance coverage of the applicant giving the. name and address of insuror and the depth of such coverage , X. Type of Ambulance Service Proposed : Emergency Transportation P7-7 Convalescent and Nonemergency Transportation .0 Rescue Z:=7 Other (Specify) • rf 1 • 02C• Winston Racing Orange County Speedway g��os g Highway 57 Between Durham and Roxboro Post Office Box 1122 Series News Roxboro, North Carolina 27573 (919-364-2232) Media contact: Winkle Wilkins(919-599-0162) III. A. Location- Orange County Speedway- Hwy 57, North Carolina B. Number--Vehicles- One C. Staffing- EMT Coverage at. Orange. County Speedway winthin Orange County during racing event covering spectators and drivers. D. Backup Coverage if needed- Triangle Ambulance Service, OCMS, Person County Rescue Service. E. Emergency calls only as occur on premises estimate 2 to 3 per year. F. NC EMT Certified G. Not Applicable H. Not Applicable IV . One Rescue Unit V . Not Applicable VI . None VII. None VIII. None IX Copy of Certificate attached X Type Service Requested- Emergency Transportation • . . . .. ... IN A • . 1`�'!; I iq1, i:ir,'• - _ y �t1 - l I. l.. ....i:,.`.L__w___-_.........-»..r..a..... -,.r:.s4.........�.:.i==.a.=w.w._.1-1:-., � :...,. ......Y.�:L...w..a.,,n=: Iiinbureernent/Certtftrate of rineuranr \+?:'":;;.?• .. . 'Mlle tS to CCrtifg, are 2Irith b!Cll2r2 that the described policy or policies has or have ••. been issued by K& K INSURANCE AGENCY,INC.,authorized representative of the company or a .. companies,and is or are in force on the date mentioned below on payment of premium in accordance ~ with policy conditions. r;= . 1 Insured' ORANl;1? COMITY R2rFDWAY, INC. ()RANC P. L'.t'iarrY S21.ETJWAY �•. ` '. ,; •%:I Additional Insureds NATIONAL ASSOCIATION FOB STOCK CAR.AUTO RACING ▪ I `_..1 INC. , IT' S SHAREHOLDERS,, DIRECTORS, OFFICERS , EMPLOYEES , ::• .1 ("' •• . . 4 ... 4. D _ : . I • 4 .. 1111 /.' [ t a1 l; ";;.il.) (Cant. ,See Below) -:_ But only as respects claimmoccurring as a result of the Name Insured s operations pertaining to a _ '" 1 covered event.• Term of insurance: AFRTT. 1, L98ri 12:01 AM to APRIL 1, 1987 12:01 AM � f:: .) Insured event: ?'I A-S-C.A.R_ EVEyrg :: ORAAIGP rnhriJ P Tr ,' Location: 'C'� SP FIl ti.AX �`,'�������. �; Attached to and forming part of _ �' w Liability TN7'FRNATIONAT. TN TI SrE CO}'' VtNY -•;::: Y I5Ir8S2219-1 ..:� ,\,___._„_,,,, Company Policy No. • End No. LIMITS COVERAGE 1 ;• • $ 3,000,900 each occurrence combined bodily injury and *property damage. •`•.-'�J $ TNC'LTTDPT) Aggregate product liability(Food and Drink) ▪; y '.:..t.',:.1,-,tii $ INCLIM17D Personal injury Liability ' • i $ t,QOQ,000 Participants Legal Liability ;' $ 7S,000 E & O s •-'�1 *($ deductible each occurrence resulting in property damage claim) s _ +� ,''';';,-;.; :::.-..;], SPECIAL CONDITIONSAND MrCHANTCSL ANT) AT,L SPONSORS FOR VIP: ' ▪ =,1 :FLAWS. • • : ' • .l •1•. __ i a • # • S • • _ l •• • ' K.: kl a r " t .l:. 5 x].; -.j • t t s • • - : • - •. • • • "'-• • • • • — . • .. " $ is ,t. • • •■ - � •- • _ • • at •. - -,j: °" 11 1 -'•i c. •i_ _ •s. "• •. • .4. . t • It k. .S. ' • .-• a . '' - . 1 D„, • 4. • • s 1 • •- _ •.t • Mil • _ • is, . e %~ �INTERNAT�L SPEED-WAY CORPORATTf ::: "' ICiicg j.q ty . .lievlg any of the above described policies be cancelled before the expiration date ."-.r.' ijiltertlit the issuing company will endeavor to mail 30 days written notice to the below iir 1 named certificate holder, but failure to mail such notice shall impose no obligation or )•' 4'. liability of any kind upon the company, : This endorsement certificate is issued at the request of: - • 1 TT.T� RED/nTrcrnR . -..„' i Dated at Fort Wayne, Indiana ' ;• ,� rt�rrh 17, 19_81;,_ 6�' r E-103 K& K(rr 83) Authorized Signature ( .!'• �.1 'r. �`ti „ .., \ ce/;, i`° ; '.`'� _ 2,i: ,ti/ ,,, • n ,i ':+.'.Iii.•• ;;),;::. j COUNTY OF ORANGE.. EMERGENCY AID AND ASSISTANCE CERTIFICATE WHEREAS, the ORANGE COUNTY SPEEDWAY INC. provides quality emergency medical services to the citizens of Orange County; and, WHEREAS, there has been demonstrated that the public convenience and necessity require the ORANGE COUNTY SPEEDWAY INC. to operate in this county to provide essential services to the citizens of Orange County; and, WHEREAS, the ORANGE COUNTY SPEEDWAY INC. has indicated that it will comply with the terms and conditions prescribed by An Ordinance Regulating the Operation of Ambulance Services and the Administration of Emergency Medical Assistance in Orange County, North Carolina, the Board 'of County Commissioners of Orange County hereby issues an Emergency Aid and Assistance Certificate to ORANGE COUNTY SPEEDWAY INC. for the years 198 6-19 88 In issuing this certificate it is understood that the ORANGE COUNTY SPEEDWAY INC. will meet the following terms and conditions: RESPOND TO. REQUEST FOR EMERGENCY AID AND ASSISTANCE AND TO ADMINISTER MEDICAL AID AND ASSISTANCE TO PATIENTS IN EMERGENCY MEDICAL SITUATIONS ON THE PREMISES -OF ORANGE COUNTY SPEEDWAY DUPING RACING EVENTS.. Vv i hairman, Board. of County Commissioners COUNTY OF ORANGE AMBULANCE FRANCHISE :7 O WHEREAS, the_OgANM C=Ty SpEEDMy,j C. provides quality emergency medical services to the citizens of Orange County; and, WHEREAS, there has been demonstrated that the public convenience and necessity require_ ORANCE COUNTY SPEEDWAY. INC. to operate in this county to provide essential services to the citizens of Orange County; and, WHEREAS, the—MAN= COUNTY SPEEDWAY INC. has indicated that it will comply with the terms and conditions prescribed by An Ordinance Regulating the Operation of Ambulance Services and the Administration of Emergency Medical Assistance in Orange County, North Carolina, the Board of County Commissioners of Orange County hereby issues an Ambulance Franchise to ORANGE COUNTY SPEEDWAY, INC. for' the years -.1986 19$8. in issuing this certificate it is understood that the_CggNGE COUNTY SPEEDWAY, INC. will meet the following terms and conditionss THEY WOULD ONLY BE PERK TTED TO TRANSPORT PATIENTS FROM THE ORANGE COUNTY SPEEDWAY _PREMCSES. t Chairman, Board of County Commissioners BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. FS MEETING DATE July 7 , 1986 03d SUBJECT: AIR AMBULANCE CERTIFICATE AND FRANCHISE DEPARTMENT: PUBLIC HEARING: YES T NO ATTACHMENT(S) - YES INFORMATION CONTACT: PHONE NUMBERS: HILLSBOROUGH 732-8161 CHAPEL HILL 929--8109 PURPOSE: TO ALLOW NORTH CAROLINA MEMORIAL HOSPITAL AIR AMBULANCE PROGRAM TO PROVII E EMERGENCY MEDICAL SERVICES AND TRANSPORTATION OF PATIENTS WITHIN ORANGE COUNTY. NEED: TO GRANT THE RIGHT TO RESPOND TO REQUEST FOR EMERGENCY ASSISTANCE AND PROVILE EMERGENCY MEDICAL CARE AND TRANSPORTATION OF PATIENTS WITHIN ORANGE COUNTY. IMPACT: EXPANSION AND ENHANCEMENT OF OUR PRESENT EMERGENCY SERVICES PROGRAM IN ORANGE COUNTY. RECOMMENDATION(S) : BOARD APPROVE CERTIFICATE AND FRANCHISE. COUNTY OF ORANGE AMBULANCE FRANCHISE 0 WHEREAS, the NORTH CAROLINA MEMORIAL HOSPITAL, INC. provides quality W emergency medical services .to the citizens of Orange County; and, WHEREAS, there has been demonstrated that the public convenience and necessity require` oRTN f:AgOTTNA Ng ' I , SPAINC.M10] to operate in this county to provide essential services to the citizens of Orange County; and, WNSREAS, theKORTH CAROLINA MENORIAL HOSPITAL, INC. has indicated that it will comply - with the terms and conditions prescribed by An Ordinance Regulating the Operation of Ambulance Services and the Administration of Emergency Medical Assistance in Orange County, North Carolina, the Board of County Commissioners of Orange County hereby issues an Ambulance Franchise to NORTH CAROLINA MEMRIAL HOSPITAL, INCfor".the years 1986 - 1988. In issuing this certificate it is understood that the NORTH CAROLINA MEMORIAL HOSPITAL, INC. will meet the following terms and conditions: WILL BE GRANTED THE RIGHT TO TRANSPORT PATIENTS IN ORANGE COUNTY UPON REQUEST OF THE ORANGE COUNTY EMERGENCY MEDICAL SERVICES. Chairman, Board of County Commissioners COUNTY OF ORANGE EMERGENCY AID AND ASSISTANCE CERTIFICATE WHEREAS, the NORTH GMLINA IMENDpTAT HSPTTAL. . TANf provides quality emergency medical services to the citizens of Orange County; and, WHEREAS, there has been demonstrated that the public convenience and necessity require the NORTH CAROLINA MEMORIAL HOSPITAL, INC.to operate in this county to provide essential services to the citizens of Orange County; and, WHEREAS, the NORTH CAROLINA MEMORIAL HOSPITAL INC. has indicated that it will comply with the terms and conditions prescribed by An Ordinance Regulating the Operation of Ambulance Services and the Administration of Emergency Medical Assistance in Orange County, North Carolina, the Board of County Commissioners of Orange County hereby issues an Emergency Aid and Assistance Certificate to NORTH CAROLINA MEMO TA HOSP INN for the years i,�_3g88 In issuing this certificate it is understood that the NORTH,rAgC)jZXA H=TAT, Wc PITAL, INC. will meet the following terms and conditions- NORTH CORf1T TArp 1Hgx]RTe T Hn_qpTTa T ATQ AMBUTA}dM RPT Tf L)PTFR WTi i. W= FOR ASSISTANCE AM AMNISTER 1N EIrAT CARE Qom TReNGpn TaTTn?j nr ve = WzTiTAi ORANCGE COUNTY. C W rs: airman, Board of County c4mmissioners 03e • ■O■ Mill r The North Carolina Memorial Hospital University of North Carolina Chapel Hill,North Carolina 27514 June 30, 1986 Mr. Bobby Baker Director of Emergency Management Orange County Dear Mr. Baker: Attached is an application for franchise to operate an air ambulance helicopter in Orange County. As you know, it is our plan to operate a twenty-four hospital-based service, staffing the helicopter with a registered nurse and an EMT- Paramedic. The Paramedics will function in accordance with the Orange County-North Carolina Memorial Hospital advanced life support program. The helicopter will function as a resource to Orange County Emergency Medical Services, and as such may be accessed by established command at an accident or disaster scene. The aircraft will be licensed by the office of Emergency Medical Services as a Category IV vehicle. We anticipate between 35 and 50 EMS calls in Orange County during our first year of operation, with response times of 5 to 15 minutes to most points in the county. Application for Emergency Aid and Assistance Certificate is being filed. We believe that this service will greatly enhance the already excellent emergency medical services system in Orange County, and will gladly furnish any more information that you might require. Thank you for your consideration. Sincerely, Robert R. Harrison Aeromedical Coordinator enclosure RRH/pac COUNTY OF ORANGE APPLICATION FOR AMBULANCE FRANCHISE I . Name of Applicant ..Carolina Air Care, North Carolina Memorial_ Hospital Address of Applicant Chapel Hill , NC 27514 Name of Owner(s ) of the Ambulance (s ) Rocky Mountain Helicopters, Inc. Address of Owner(s ) of the Ambulance (s ) PO Box 1337 - Provo, Utah 84603 II. The Trade or other fictitious name under which the applicant does business Carolina Air Care III . Attach a brief history and description of the applicant ,justifying the public necessity of such service and demonstrating the fulfill- ment of a community need. Pertinent information should include : A. The location and description of the place or places from which it is intended to operate . B. The number of vehicles , including ambulances ,wreck trucks , cars and their locations . C. The staffing of vehicles , noting the applicant' s cap- ability to provide twenty-four (24) hour coverage, seven days per week for the area covered by the franchise applied for, and an accurate estimate of the minimum and maximum times for a response to calls -within the area. D. The ability to provide back-up coverage and the depth of such coverage . E. The number of calls answered--both emergency and non- emergency--and the method of record keeping used by the applicant. F. The training and experience of the applicant in the transportation and care of patients . G. Mutual Aid agreements--county wide and the area outside the county. H. Disaster Plans . 03 " 2 IV. List each ambulance and rescue vehicle owned and operated by the applicant (see attached) . V. Submit a financial statement indicating the net worth of the owner of applicant over and above all debts , judgments , claims and demands whatso ever. VI . List the title of all actions and unsatisfied judgments of record including the amount of judgments against such owner. VII . Submit the court record, if any, of applicant. If applicant is a corporation, partnership, association or other organization, the court record of any of the officers , directors and supervising employees thereof, including the general manager or director. VIII . List liens , mortgages , or other encumbrances on such ambulances --the amount and character thereof. IX. Describe the Insurance coverage of the applicant, giving the name and address of insuror and the depth of such coverage . X. Type of Ambulance Service Proposed: Emergency Transportation L Convalescent and Nonemergency Transportation L:=7 Rescue Other (Specify) ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. F-Tet MEETING DATE July 7, 1986 • SUBJECT: Demolition, Lot Clearing and Hauling Services Award DEPARTMENT: Housing/Community PUBLIC HEARING: YES i_NO fl'va1 npmarlt - • ATTACHMENT(S) : 1 - Agreement INFORMATION CONTACT: Tara Fikes PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL Hill - 967-9251 MEBANE - 227-203.1 DURHAM - 688-7331- 688-7331 PURPOSE: To Consider awarding the Demolition Contract for the Councilville Community Development Project. NEED: Clearance of dilapidated structures and unburied decaying refuse is a Community Development activity outlined in the Councilville Community Development Grant. On June 17, 1986 the Board of Commissioners awarded the bid to the lowest responsible bidder, R. W. Jones Grading and Hauling Company. Awarding of this contract will authorize this company to begin performing this service. Additionally, the contract document has been forwarded to the County Attorney for review. IMPACT: Demolition of all dilapidated structures will eliminate an obvious blighting influence on the area. Removal of all unburied refuse will also eliminate blight as well as prevent any potential health. problems. RECOMMENDATION(S) : Award contract to the R. W. Jones Grading and Hauling Company for $7,900 and to authorize Chair to sign on behalf of the Board. 04U EXHIBIT B TO AGREEMENT for DEMOLITION, LOT CLEARING AND HAULING SERVICES between COUNTY OF ORANGE, NORTH CAROLINA and R. W. Jones Grading and Hauling Company Exhibit B 041 N.c NiG�rygY , At S4 i T i . a gil\ ■ 4. 4. - y I . ■ 0 01, • .. 4,„,, ..„ . . 74rE. Eil plp ..---/- W M 0 'It, s 3. CC CC \ 1 ` ■ ' 1 i COUNCILVILLE COMMUNITY DEVELOPMENT PROJECT AREA /lilt DEMOLITION and LOT CLEARING MAP - A Housing to be demolished T = Trailer Lot to be cleared °' '°' ■ Map No. 1 V = Vacant AMIMMM • _ 044- FORM OF PROPOSAL AND NON-COLLUSIVE AFFIDAVIT 1. The undersigned as Bidder, hereby declares that the only person or persons interested in this proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other persons, company or parties making a bid or proposal and that it is in all respects fair and in good faith without collusion or fraud. • 2. The Bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the specifications of the work and contract documents relative hereto; and has read all special provisions furnished prior to the openings of the bids; that he has satisfied himself relative to the work to be performed. 3. The Bidder further declares that he has received and examined the "Manual of Accident Prevention in Construction" , Specifications and Bid Letting Documents of the Orange County Community Development Program and will abide by these requirements in carrying out the demolition work. 4. The Bidder proposes and agrees, if this proposal is accepted, to contract with the Owner, in the form of contract provided, to furnish all necessary materials, equipment, and machinery, appartus, means of transportation, and labor necessary to complete the demolition of the dwelling(s) at V+ 4 CoPt.A.K� r ,tea 1 , (,( < AJC , in full and complete accordance with plans, specifications; and contract documents , to the full and entire satisfaction of the County with a definite understanding that no money will be allowed for extra work' except as set forth in the Contract Documents. In return for the demolition accomplished pursuant to the contract, the Bidder will receive the sum of: P 12-#7 /2-1- 624'4-'4 c1-4479 BID: • p' o $ / Y _ _ DOLLARS ( ) J 5. The Bidder further proposes and agrees hereby to commence work on the date to be specified in the contract and shall fully complete work in a timely manner. It is further agreed that if the amount of the contract is increased, the time allowed for completion of the contract will be proportion- ately increased. 6. The undersigned Bidder hereby agrees that the County reserves the right to reject any and all bids when such rejection is in the best interest of the County, and to award the contract to the lowest responsible Bidder taking into consideration the past performance of the Bidder, the ability to perform the work specified, and all other pertinent facts. ITEMIZED COST 04(.4 LOCATION DESCRIPTION FOR DEMOLITION, LOT CLEARING and HAULING SERVICES (.1) Dwelling Unit #1 Route 4, Councilville Chapel Hill, N.C. . Tax Map 113, Block C Lot 21F Description: Demolish structure. Clear and remove from the property debris from demolition, trash and branches on the north and east sides of dwelling. Remove well pump, tank and house. Place a cap on well casing. Place a 18" concrete well covering over the well. Crush and fill septic tank. Mow the entire area. Remove two (2) a0andoned vehicles from area. $ 11)v (2) Dwelling Unit f2 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 21 Description: Demolish structure. Clear and remove from the property debris from demolition and trash on the south side of dwelling. Crush and fill septic tank. Mow the entire area. $ J5 (3) Dwelling Units 43 and 04 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 21 Description: Demolish structures. Clear and remove from the property debris from demolition and trash on the north side of dwellings. R on ea. $ G w (4) Dwelling Unit #5 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Got 20 Description: Demolish structure. Clear and remove from the property debris from demolition and trash on entire lot. Crush and fill septic tank. Mow the entire lot. $ CCQ • 044 (5) Dwelling Unit #6 and Lot #1 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 17B Description: Demolish structure. Clear and remove from the property debris from demolition and trash on entire lot including around old log dwelling and well house. $ 70.0 (6) Lot #2 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 21C Description: Clear and remove old foundation and logs n the lot. (7) Lot #3 $ Vd Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 17C Description: Clear and remove from property pushed down trees, limbs and debris on southeast side of mobile home. $ 4,03 ,fr7 (8). Lot #4 Route 4, Councilville Chapel Hill, N.C. • Tax Map 113, Block C Lot 28 Description: Clear and remove debris on the east side of dwelling in open field and alongside rock wall and entrance path. • (9) Lot #5 $' U Route 4, Councilville Chapel Hill, N.C. • Tax Map 113, Block Lot 25B Description: Clean and remove debris and abandoned vehicles in field on east side of dwelling and alongside entrance path and on north side of dwelling. Relocate vacant trailer to cleared area on east side of dwelling and set-up on blocks. $ c'201 0 h (10) Along side New Road Route 4, Councilville Chapel Hill, N.C. Description: Clear and remove debris and logs at least 25' on each side of new roadway in Councilville. $ 029 612' tr-) -2- 04L' (11) Lot #6 Route 4, Councilville Chapel Hill, N.C. Description: Mow, clear and remove weeds and noxious growth except for those trees marked by County for savings. Remove logs. $ -2,0. -3- 1!, • O4 _ Fr ; of Proposal con t' d es pec t fu 1 1 y submitted thec716 day of , 19 er-C (Corporate Seal — To Be Affixed) N e of -Fi rm qy,1117 iiisze,241.,(SEAL Attest: Secretary 3y, (SEAL ) Tresident 117 55 FiTi-o- By, _ (SEAL ) . _ ( If rtners p , (SEAL (SEAL _ . (SEAL) — ( rs) 04 / Statement of Worker's Compensation Waiver The R.W. Jones Grading and Hauling Company is a self-owned, family business operating in Orange County, North Carolina. The maximum number of employees this company has ever employed has been no more than two. Since this is below the statuatory minimum, the requirement for Worker's Compensation Insurance is hereby waived as a provision of this Contract. Y t T ♦ r Certificate of Insurance O(a THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. ' THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW. NAME AND ADDRESS OF AGENCY Ballard Agency, Inc. COMPANIES AFFORDING COVERAGES P. O. Boi 927 Hillsborough, N. C. 27278 E°nERNY A O COMPANY COMPA 4 LETTER B The Standard Fire Ins. Co. NAME AND ADDRESS OF INSURED Richard William Jones ETTERNY C 320 West 'Corbin Street • COMPANY p Hillsborough,N. C. 27278 LETTER COMPANY This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the polices described herein is subject to all the terms..exclusions and conditions of such policies. COMPANY TYPE OF INSURANCE POLICY NUMBER POLICY Lim is o Liability in Thousan•s(r'�T� LETTER EXPIRATION DATE 1111111.1111.1 EACH AGGREGATE OCCURRENCE GENERAL LIABILITY C BODILY INJURY S B 6]COMPREHENSIVE FORM a25 CO 69811 CCS 8-24-86 ❑PREMISES-OPERATIONS PROPERTY DAMAGE $ I ❑EXPLOSION AND COLLAPSE HAZARD ❑UNDERGROUND HAZARD ❑PRODUCTS/COMPLETED OPERATIONS HAZARD BODILY INJURY AND ❑CONTRACTUAL INSURANCE PROPERTY DAMAGE ry - ❑BROAD FORM PROPERTY - COMBINED 1 i , 0 O 2002000 DAMAGE ❑INDEPENDENT CONTRACTORS ❑PERSONAL INJURY PERSONAL INJURY S AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) $ ❑ COMPREHENSIVE FORM - BODILY INJURY S ❑OWNED (EACH ACCIDENT) ❑ HIRED PROPERTY DAMAGE $ BODILY INJURY AND NON-OWNED PROPERTY DAMAGE $ EXCESS LIABILITY COMBINED BODILY INJURY AND • ❑ UMBRELLA FORM $ S PROPERTY DAMAGE ❑ OTHER THAN UMBRELLA COMBINED FORM WORKERS'COMPENSATION STATUTORY _ and EMPLOYERS'LIABILITY IIIIIIIIIIIIIII OTHER DESCRIPTION OF OPERATIONSJLOCATIONSIVEHICLES Hillsborough, North Carolina and elsewhere in North Carolina Cancellation: Should any of the above described polities be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail _la_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. • ti NAME AND ADDRESS OF CERTIFICATE HOLDER: - DATE ISSUED:Orange Housing $ Communi ty Development 300 West Tryon Street Hillsborough, N. C. 27278 i -RE • ACORD 25(1-79) 04E4 CONTRACT for Demolition, Lot Clearing and Hauling Services Councilville Community Development Project between County of Orange and R. W. Jones Grading and Hauling Company THIS AGREEMENT, made and entered into this 7th day of July , lg 86 , by and between R. W. Jones Grading and Hauling Company / (hereinafter- referred to :as "Contractor") and Orange County, North Carolina, (hereinafter referred to as "County") . WITNESSTH: THAT WHEREAS, the County is undertaking certain activities necessary for the execution of a Community Development Project; and WHEREAS, in order for the County to implement part of the overall pro- gram, professional demolition, lot clearing and hauling services are necessary; and WHEREAS, the County desires to engage the Contractor to render such professional services in connection with such undertakings of the County; and NOW, THEREFORE, the Contractor and the County by mutual agreement for the consideration hereinafter set forth, do hereby agree as follows: SECTION I: SCOPE OF SERVICES THAT the Contractor shall furnish all labor, materials, equipment, supervision and services required to perform professional demolition, lot o5U clearance and hauling services in connection with the County's demolition and lot clearance program in the Community Development Target Area as follows: (A) DEMOLITIQN OF STRUCTURES -- This service includes the demolition of each of the vacant dilapidated structures which the County has identified by narrative location description in Exhibit A and graphically located on the locator map (s) which is marked as Exhibit B. Both Exhibits A and B are attached hereto and made a part of this agreement. For the purposes of this agreement and the services which are to be pro- vided by the Contractor, the term "Structures" means the former principal residence and other appurtenant structures such as garages, sheds, privies, or animal pens so identified by County. It is expressly understood by the Contractor that this demolition work includes any and all portions of the structure which is demolished including any footings, foundation materials and structural supports. In connection with this demolition work it shall also be the Contractor's responsibility to fill any septic tanks, wells or privies which are located within the property occupied by the structure. (B) CLEARANCE OF LOTS, REMOVAL OF DEBRIS AND HAULING - This service includes the clearing and removal from the property of the following types of materials which the County has identified by a narrative location description in Exhibit A and graphically located on the locator map (s) which is marked as Exhibit B: 1. The debris which results from the demolition outlined in A above as well as debris remaining from any previos open controlled burning which may have been conducted by the County prior to this agreement. This debris shall include any contents of the structures which are demolished. -2- 051 2. Any accumulated trash, scrap metal and junk within the property, including any abandoned stoves, refrigerators, building/construction materials, and other such miscellaneous debris, including all debris and trash which constitutes a health or fire hazard and may serve as a breeding place to harbor insects, rodents, snakes, pets, vermin or wild animals, and/or give off an offensive odor which constitutes a nuisance. For the purpose of this agreement, "Trash" shall mean any broken tree limbs, leaves or branches, any garbage or refuse, any discarded or worthless material that might conceal pools of water or create breeding grounds for mosquitoes or other insects, any waste, any discarded metal, paper, wood, glass, or cloth. 3. Any and all weeds, uncultivated vegetation and noxious growth within the property which has not been marked/ identified for saving by the County prior to the clearance work. This service shall be performed by mowing the designated area(s) to a high of 4 inches or less, and excavating only when it is deemed necessary by the County. Any area that has been excavated shall be cultivated, fertilized, limed, re- seeded with grass and covered with straw. It is to be expressly understood that the services to be performed under this agreement are for the purpose of leaving the area within the property in a pleasing ecological and aesthetic condition. -3- 054 SECTION II: TIME OP COMPLETION THAT the Contractor agrees to start the demolition, lot clearance and hauling services outlined in SECTION I of this Contract upon receipt of a written Proceed Order from the County and will complete all work within thirty (30) working days after the date specified in the Proceed Order as the beginning time for the demolition, lot clearance and hauling services. In the event unforeseen delays as determined by the County cause this performance deadline to be exceeded, the County and the Contractor shall establish a mutually agreeable extension which shall be negotiated and in- corporated as an addendum to this agreement. Time is of the essence, and it is agreed that any delay beyond the time specified for completion stipulated herein shall result in the Contractor being charged with liquidated damages for delay in the sum of TEN DOLLARS ($10.00) a day for each day beyond the limit agreed upon. SECTION III: CONTRACT AMOUNT THAT for the services rendered under SECTION I of this Contract by the Contractor, the County shall pay the Contractor a sum of $ 7,900.00 ( Seven thousand nine hundred Dollars and _ no Cents) upon the completion of the services described in this Contract. There will be a 10% retaining fee which will be held 60 days after the final inspection. This payment shall be made to the Contractor by the County subject to a joint inspection of the work sites by the County and the Contractor to insure adequate performance of the provisions of this agreement and the receipt of an appropriate invoice from the Contractor. The County may change the services to be performed by the Contractor if it deems it necessary to do so because of budget constraints or a change in -4- os its project goals. The contract amount may in that event change. In the event circumstances result in the County desiring an addition or deduction of services which changes the contract amount hereabove, a mutually agree- able written addendum to change the contract_sum_shall..be negotiated and incorporated into this agreement. SECTION VI: COUNTY RESPONSIBILITIES THAT the performance a of the work by the Contractor as outlined in SECTION I of this Contract shall be based on the following responsibilities of the County: 1. The County shall mark or identify in some mutually acceptable fashion any trees, structures, or vegetation within the confines of the property which shall not be disturbed or damaged by the Contractor prior to the initiation of any demolition or lot clearance work. 2. The County shall assist the Contractor in the location of property reference points by providing a map, marked as Exhibit B, which shall designate the boundaries of the property within which the Contractor shall perform his demolition and lot clearance work, and if necessary the County shall actually show the Contractor, the location of property reference points by visiting the property site. 3. The County shall obtain any and all necessary approvals and per- missions from property owners for the performance of the demolition and lot clearance work by the Contractor. 4. The County shall arrange for the removal of any and all electrical service drops prior to the demolition work. 5. The County shall make available to the Contractor any other in- formation to the Contractor regarding its requirements or any changes as expeditiously as necessary for the orderly progress of the work. 0511 6. The County shall provide all necessary information to the Contractor regarding its requirements or any changes as expeditiously as. necessary forthe orderly progress=:of_the work. SECTION V: CONTRACTOR RESPONSIBILITIES THAT the performance of the work by the Contractor as outlined in SECTION I of this Contract shall be based on the following responsibilities of the Contractor: 1. If, through acts or neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss or damage on the work, the Contractor shall settle with such other Contractor or sub- contractor by agreement or arbitration. If such other Contractor or subcontractor shall assert any claim against the County on account of any damage alleged to have been so sustained, the County will notify this Contractor, who shall defend at his own expense any suit based upon such claim, and, if any judgment or claims against the County shall be allowed, the Contractor shall pay or satisfy such judgments or claim and pay all costs and expenses in connection therewith. 2. The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this agreement or assign any interest in same, without the prior written approval from the. County. 3. Except as otherwise specifically stated in this Agreement, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, heat, power, transportation, superintendence, temporary construction of every nature, charges, levies, fee or other expenses and all other services and facilities of every nature what- soever necessary for the performance of this Agreement and to perform -6- 05c all work specified in this agreement complete in every respect within the specified time. 4. The Contractor shall be responsible for all damages to person or property that occur as a result of his fault or negligence in con- nection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance, whether or not the same has been covered in whole or in part by payments made by the County. 5a. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety pro- visions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken such additional safety and health measures as the County may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, Inc., to the extent that such pro- visions are not in conflict with applicable laws. 5b. The Contractor shall indemnify and save harmless the County and its Community Development Program for damages resulting from property damage, personal injury and/or death suffered or alleged to have been suffered by a person as a result of any work conducted under this Agreement. 6. Although the County shall locate, identify and mark all trees and shrubs to be protected during the performance of this agreement and -7- Oa assist the Contractor as much as possible in this effort the final responsibility shall rest with the Contractor. Should any such trees and shrubs be damaged through negligence on the part of the Con- tractor the cost of comparable plant material shall be determined by a Horticulturist employed by the County and either paid for directly by the Contractor or an equal amount withheld from the contract sum in SECTION III. 7. The proper and lawful dumping and/or disposal of all materials re- moved from the property by the Contractor as a result of his services as outlined in SECTION I shall be his complete and absolute respon- sibility. Disposal of all such materials shall be in full accordance with all appropriate regulations pertaining to such matters. The disposal of such materials in unauthorized locations, within Orange County or otherwise, is strictly prohibited. 8. The Contractor shall make sure that the removal of any and all electrical service drops prior to the demolition work have been done. SECTION VI: ACCEPTANCE AND FINAL PAYMENT THAT upon receipt of notice that the work is ready for final inspection and acceptance, the County shall promptly make such inspection, and when the work is found acceptable under the Contract and the contract fully performed, the authorization of payment to the Contractor shall be made in a sum suf- ficient to cover the amount of payment in the Contract. Before the Contractor shall be paid in full, however, the Contractor shall submit evidence satis- factory to the County that all payrolls, material bills, and other indebtness connected with the work as relating to this Contract have been paid. SECTION VII: INSURANCE THAT the Contractor shall purchase and maintain such comprehensive -a- 051 general liability and other insurance as will provide protection from claims which may arise out of or result from the Contractor's performance of the work and the Contractor's other obligations under the Contract. The in- surance required below shall include specific coverages and be written for not less than the limits specified herein. All such insurance shall remain in effect until final payment and at all times thereafter when the Contractor may be correcting, removing or replacing defective work. The insurance requirements are as follows: 1. Manufacturer's and Contractor's Public Insurance of an amount not less than $100,000.00. 2. Property Damage Insurance not less than $50,000.00. 3. Automobile Liability Insurance. 4. Worker's Compensation - see attachment. The Contractor shall furnish the County with Certificates showing the type, amount, class of operations covered, effective dates and date of ex- piration of policies. SECTION VIII: ENUMERATION OF CONTRACT DOCUMENTS THAT the Contract Documents which constitute the entire agreement between the Owner and the Contractor, except for modifications issued after execution of this Agreement, are enumerated as follows: 1. Exhibit A - Location Description 2. Exhibit B - Location Map 3. Form of Proposal and Non-Collusion Affidavit 4. Statement of Workman's Compensation Waiver 5. Certificates of Insurance SECTION IX: HUD DOCUMENTS THAT the Contractor agrees to comply and conform with all the following -9- O5 HUD Documents: 1. Conflict of Interest Provisions. The Contractor agrees that no member, officer, or employee of the Contractor or its agents, no member of the governing body of the locality or localities who who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any financial interest, either direct or indirect, in any contract or subcontract, or the proceeds thereof for work to be performed in connection with the program assisted under this agreement. Immediate family members of said members, officers, employees, and officials are similiarly barred from having any financial interest in the program. 2. Nondiscrimination Clause. The Contractor agrees that no person shall, on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under- Section-109, Housing and Community Development Act of 1974. 3. Age Discrimination Clause. The Contractor agrees that no qualified person shall on the basis of age be excluded from participation in, be denied the benfits of, or otherwise be subjected to dis- crimination under any program or activity which receives or benefits from Federal Financial assistance. 4. Handicap Discrimination Clause. The Contractor agrees that no qualified handicapped person shall, on the basis of handicap be ex- cluded from participation in, be denied the benefits of, or other- wise be subjected to discrimination under any program or activity which receives or benefits from Federal Financial assistance. 5. SECTION 3 Clause. The Contractor agrees to comply with the Pro-- 05E. vision of Training, Employment, and Business Opportunities in the Section 3 Clause as follows: a. The work to be performed under this contract is on a project assisted under a program providing direct Federal Financial assistance from the Department of Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in sub- stantial part by persons residing in the area of the project. b. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the the Secretary of Housing and Urban Development set forth in 24 CER 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. c. The. Contractor will send to each labor organization or re- presentative of workers with which he has a collective bar- gaining agreement or other contract or understanding, if any, a notice advising the said labor organization or workers re- presentative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous place available to employees and applicants for employment and training. d. The Contractor will include this Section 3 clause in every sub- contract for work in connection.with the project and will, at _ , -11- 061 the direction of the applicant for or recipient of Federal Financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcon- tract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the sub- contractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Co pliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the Federal Financial assist- ance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors or assigns to those sanctions specified by the grant or loan agreement of contract through which Federal assistance is pro- vided and to such sanctions as are specified by 24 CFR Part 135. 6. Access to Records and Record Retainage Clause. The Contractor shall be aware that in general, all official project records and documents must be maintained during the operation of this project and for a period of three years following close out in compliance with 15 NCAC 13L Rule .091 Recordkeeping. The North Carolina Department of the Treasurer, U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, docu- -12- 06i meets, papers and records of the Administering Agency which are pertinent to the execution of this Agreement, for the purpose of making audits, examinations, excerpts and transcriptions in com- pliance with the above Rule. WITNESS the signatures of the parties on the day and year first above written. ATTEST COUNTY OF ORANGE, NORTH CAROLINA BY: ATTEST BY: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. BY: Finance Director -13- EXHIBIT A TO AGREEMENT for DEMOLITION, LOT CLEARING AND HAULING SERVICES between COUNTY OF ORANGE, NORTH CAROLINA and R. W. Jones Grading and Hauling Company O6c ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. F6 MEETING DATE July 7, 1986 SUBJECT: Resolution Authorizing Execution of Section 8 Housing Annual Contributions Contract DEPARTMENT: Housing/DCommmunitynt PUBLIC HEARING: YES X NO • ATTACHMENT(S) : HUD Resolution INFORMATION CONTACT: Tara Fikes Master Section 8 PHONE NUMBERS: HILLSBOROUGH - 732-8181 Annual Contribution HILLSBOROUGH - 732-9361 Contract CHAPEL Hil]. -967-9251 MEBANE - 227-203.1 DURHAM - 688-7331 PURPOSE: To consider adopting a resolution authorizing execution of Section 8 Existing Housing Assistance Payments Contract. NEED: The County currently receives from the U. S. Department of Housing and Urban Development an allocation of 388 Section 8 Existing Housing Units to be assisted by Housing Assistance Payments. The Annual Contributions Contract is an agreement between the County and HUD which establishes/ provides annual housing assistance payments to the County for 388 Section 8 Existing units. Execution of this agreement will extend the term of the contract five additional years to 1991. IMPACT: The County will be able to continue to provide rental assistance to eligible applicants in Orange County. RECOMMENDATION(S) : Adopt resolution and authorize Chair to sign on behalf of the Board. 06q ACC Part I Number. A-2903- E OS. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 E TIN G ANNUAL CONTRIBUTIONS CONTRACT —PART ' fix D O USIN G CERTIFICATE PROGRAM LL DEFTNIrIOAS. A. ACC. Amami Ccribitutems Calm. B. PiEcal ?ea. The PHA ?feral Year as epedfed in won L2.0 of this ACC Part L C. BUD. US. Dejataerit aE Houedrig add Urban Devekgamt. D. Maximum Annual Cam Commitment. See sec fan LID of this ACC. E. PHA. Public Hang Agency. F. Prograa. The PHA's Hang Cep Progras. G. Program Receipts, A saute paid by BUD to the PHA wider this ACC fcr tte Program, and any other asauk reedved by the PHA �► annectice with the Pnagraa. B. Program Esperabres. A moults which say be ebarged agar Program Receipts in accordance with the ACC and BUD require m eats. Page 1 of 6 pages BUD 52520 B (June 1985) • 3.2. 1 OUHD1 G CERTIFICATE PROGRAM. 06`' A. !redeem. The Prcgraa urn this ACC consists of the Erojects Muted in Emit I of this ACC Part 1. eat of rtdd recreserda a erg ineremert fcr the Program. 8. Term of ACC fcr Program. The term of aids ACC frr the Program dull and an f; Years from xgcutign alp �slrt bat dale of ACC bra. V date la oat entered prier to tignatire oftke ACC bythe PHA, tte date may beentered autreguently by HUD, and sew ateewent entry of the date by BUD shall conetitzte al am alimet cf thre ACC Part L) C. PHA nee& Tex. L The Smtilcal year far the Program shall begin CID • Mater tke dive die for the first ;reject listed in Exhibill cf Pact I of the ACC. If this date is rat used poor to a rig aLre of the ACC by tie PHA, ti5e date may be edged sasequently by HUD, and Buda at eque t entry of the date by HUD shall a retitite an am ends ent cf t3e ACC Part I.) The first Pisoa1 Tea for the Program shall and an the last day of tie PHA F3er,.a1 Tea which ends nit less than 12 acrtis, ac acre than 23 matins after this date. 2. Thereafter, the Sscal yea 5z the Program shall to tie 12 month Pod a'lg December 31 of each calendar Yea. Carter tie day and Barth used as the Purl Tear eating date far Mier eaction 8 asssteice administered by Ste PEA miler aQ ACC with HOD.) D. Number of Ord by number of bedroom 4. To tie maximum extent tweak, tie PHA atan enter into contxacts 5:r towing payments for traits coder time Pram In a za da nc e 'tilted in this seta Po thy, as determined by HUD, from this %Y .is Moved vithoet crier HOD apirvaal. S lumber of tedrroms Number of U rats O 1 1 65 2 219 3 4 -- .- Total 388 Page 2 of 6 pages HUD 52520 B (June 1985) o6L 1.3. ANNUAL CONTRIBUTION . A. Payment . BUD shall pay the PHA annual contributions for the Program in accordance with BUD regulations and requirements. B. Amount aid Purpose. The annual contribution for the Program for a Fiscal Year shall be in the amount approved by BUD for the Fiscal Year to cover: 1. The amount of housing assistance payments by the PHA. Z The amount of PEA costs for Program administration. The amount of the annual contributions by HUD may be reduced, as determined by BUD, by the amount of Program Receipts (such as interest income) other than annual contributions. C. Licit on Payments for Program. Except for payments from the ACC reserve account as provided in section 1.3.F of this ACC, the annual contribution payment by BUD for the Program for any Fiscal Year shall not be more than the Maximum Annual Contribution Commitment for the Program in effect during the Fiscal Year. D. Maximum Annual Contribution Commitment for Program. The Maximum Annual Contribution Commitment for the Program for each PHA Fiscal Year shall be equal to the sum of the - contract authority amounts reserved by HUD for the projects in the Program. The amount of contract authority reserved for each project in the Prograa is stated in Exhibit I of this ACC Part I (subject to reduction in accordance with section 1.3.E and section 2.3 of this ACC) . If the first Fiscal Year for the Program is more than 12 months, the Maximum Annual Contribution Comm tment for the Program for the first Fiscal Year may be adjusted in an amount as determined by HUD by the addition of the pro rata amount applicable to the period in excess of 12 months. Page 3 of 6 pages BUD 52520 B (June 1985) • oar E. Reduction of Amount Payable . BUD may reduce the amount of the annual contributions payable by BUD for any project or for the Program, and may reduce the amount of the contract authority for any project, by giving the PEA written notice of reduction to the PEA in accordance with section 2.3 of this ACC. The notice by BUD may include a revision of Exhibit I of this ACC Part I to reflect the reduction in the amount of contract authority for a project. BUD notice of the revision shall constitute an amendment of Exhibit I and the revised Exhibit I supersedes any previous Exhibit I for the Program. P. ACC Reserve Account. An ACC reserve account shall be established and maintained by BUD, in an amount as determined by BUD consistent with its responsibilities under section 8(c) (6) of the D.S. Housing Act of 1937. The ACC reserve account may be used by BUD for payment of any portion of the annual contribution payment approved by HUD. 1.8. ACC. A. This ACC consists of this ACC Part I (including Ezbibit I) and the form ACC Part II prescribed by BUD for the Housing Certificate Program and Housing Voucber Program, designated as form BUD 52520 E, and dated Jane 1985. These documents constitute the whole ACC for the Program. Page 4 of 6 pages HUD 52520 B (June 1985) 066 S. This ACC supersedes any previous ACCs for the Program. Matters relating to operation of the Program Under a previous ACC shall be governed by this ACC. (SEAL) Signatures: ATTEST: PUBLIC SC1aS nG A PPCZ Orange County Housinr AuthorO,ficial Title) Name of PHA By Signature Date signed Print or type name and official title of signatory INiTED STA'T'ES CF AMERICA SECRETARY OP SOUSING AND URBAN DEVELOPMENT By_ _ Signature Date signed Print or type name and official title of signatory Page 5 of 6 pages BUD 52520 8 (June 1985) Os ACC Part I Number : A-2903- E SZBIB IT I PROJECT ACC LIST CONTRACT PROJECT ACC NUMBER NUMBER & MHORITY ($) imCTIVB DATE f 1019-E104-001 A-77-247 22,920 NC19-E104-001 A-81-685 281 ,364 NC19-E104-003 A-77-248 92,376 NC19-E104-004 A-77-517 452,436 MC19-E104-006 A-81-679 121 ,140 NC19-E104-007 A-84-0676 65,950 NC19-E104-008 A-85-0289 94,512 UN ITED STATES OF AMERICA SECRETARY OF BOOS ING AND URBAN DEVELOPMENT Date signed Page 6 of 6 pages HUD 52520 B (June 1985) 07u U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 EXISTING APNUAL CONTRIBUTIONS CONTRACT -- PART II for HOUSING CERTIFICATE PROGRAM AND HOUSING VOUCHER PROGRAM 2.1. HUD REQUIREMENTS. A. The PHA agrees to comply, and shall require owners to comply, with the requirements of the U.S. Rousing Act of 1937 and all applicable HUD regulations and other requirements, including any amendments or changes in the Act or HUD requirements. B. The PHA shall comply with its HUD-approved administrative plan, equal opportunity housing plan and HUD-approved applications for the Programs. C. The PHA shall use the forms required by HUD. D. The PHA shall proceed expeditiously with the Programs under this ACC. 2.2. ANNUAL CONTRIBUTION. A. The PHA shall submit to HUD each Fiscal Year an estimate of the annual contribution required for the Programs. The annual contribution estimate, and supporting data for the estimate, shall be submitted at such time and in such form as HUD may require, and are subject to HUD approval and revision. B. The PHA will requisition periodic payments on account of each annual contribution. The requisition shall be in the form prescribed by HUD. Each requisition shall include certification by the PHA that: Page 1 of 9 pages HUD 52520 E (June 1985) 071 1. Housing assistance payments have been made in accordance with contracts in the fora prescribed by BUD and in accordance with HUD requirements; and 2. Units have been inspected by the PHA in accordance with BUD requirements. C. If BUD determines that payments by BUD to the PHA for a Fiscal Year exceed the amount of the annual contribution approved by HUD for the Fiscal Year, the excess shall be applied as determined by BUD. Such applications determined by BUD may include, but are not limited to, application of the excess payment against the amount of the annual contribution for a subsequent Fiscal Year. The PHA shall take any actions required by BUD respecting the excess payment, and shall, upon demand by BUD, promptly remit the excess payment to BUD. 2.3. REDUCTION IN ANNUAL CONTRIBUTIONS PAYABLE BY BUD. • A. Upon written notice by HUD to the PHA, BUD may reduce to an amount determined by BUD the amount of the annual contributions payable for any project or for the Program, and may reduce to an amount determined by BUD the contract authority reserved by BUD for any project included in the Program: 1. If HUD determines that the PHA has failed to comply with any obligations under the ACC, or 2. In the case of amounts provided for use in connection with a rental rehabilitation grant under the Rental Rehabilitation Program authorized by section 17 of the D.S. Housing Act of 1937, if BUD deobligates rental rehabilitation grant amounts. If BUD deobligates rental rehabilitation grant amounts, BUD may reduce the annual contributions payable and the contract authority reserved whether or not the PHA has failed to comply with any obligations under the ACC. Page 2 of 9 pages HUD 52520 E (June 1985) O'7 B. The notice by BUD to the PHA shall state any reduction, pursuant to section 2.3.A of the ACC, in the amount of the annual contributions payable for any project or for the Program, and shall state any reduction in the amount of contract authority reserved by HUD for a project. The notice may specify a revised unit distribution. HUD notice of reduction or revision shall constitute an amendment of the ACC. However, HUD shall not reduce the amount of annual contributions payable by HUD for any project or for the Program, and shall not reduce the amount of contract authority reserved by HUD for a project, below the amount, as determined by HUD, necessary for dwelling units under contracts for housing assistance payments with owners on the date when the PHA recefves the HUD notice. 2.4. USE OF PROGRAM RECEIPTS. A. The PHA shall use Program Receipts to provide decent, safe and sanitary housing for eligible families in compliance with the U.S. Housing Act of 1937 and all HUD requirements. Program Receipts may only be used to pay Program Expenditures. B. The PHA shall not make any Program Expenditures except in accordance with the annual contribution estimate and supporting data for such estimate as approved by HUD. C. The PHA shall maintain an Operating Reserve account that shall be credited with the amount by which the total of administrative fees earned and interest earned on the Operating Reserve exceed PHA administrative expenses during a Fiscal Year. In subsequent years, the PHA must use funds in the Operating Reserve to pay administrative expenses in excess of Program Receipts. Notwithstanding the provisions of section 2.4.A, if there remain funds in the Operating Reserve, the PHA may use such funds for other housing purposes consistent with State and local law. However, HUD may prohibit use of funds in the Operating Reserve for other housing purposes if the PHA is not adequately administering its Housing Certificate Program or its Housing Voucher Program or has failed to comply with any of its obligations under the ACC. Page 3 of 9 pages HUD 52520 E (June 1985) o7' 2.5. BOOKS OF ACCOUNT AND RECORDS• REPORTS. A. The PEA shall maintain complete and accurate books of account and records for the Program. The books and records shall be in accordance with BUD requirements, and shall permit a speedy and effective audit. B. The PEA shall furnish HUD such financial, operating, and statistical reports, records, statements, and documents at such tines, in such form, and accompanied by such supporting data as required by BUD. C. BUD and the Comptroller General of the United States, or their duly authorized representatives, shall have full and free access to all PEA offices and facilities, and to all the books, documents, papers, and records of the PHA that are pertinent to operation and management of the Program, including the right to audit, and to make excerpts and transcripts from the books and records. D. The PHA shall be responsible for engaging and paying an independent public accountant for the caking of audits as required by BUD. The cost of audits required by BUD may be charged against Program Receipts. 2.6. DEPOSITARY. A. The PEA shall enter into one or more agreements, which are collectively called the Depositary Agreement,' with financial institutions which are selected as depositary by the-PEA, and whose accounts are insured by an agency of the Federal Government. The Depositary Agreement shall be in the form prescribed by BUD, and the PHA shall furnish to BUD such copies of the Depositary Agreement as BUD may require. B. All Program Receipts shall be promptly deposited with the Depositary under the Depositary Agreement unless otherwise required or permitted by BUD. The PEA may withdraw Program Receipts subject to the Depositary Agreement only for use in connection with the Program in accordance with BUD regulations or other requirements. No withdrawal shall be made except in accordance with a voucher on file in the office of the PEA stating in proper detail the purpose of the withdrawal. Page 4 of 9 pages BUD 52520 E (June 1985) 07q C. As required by HUD, PHA funds in excess of current needs shall be promptly remitted to BUD or shall be invested in accordance with HUD requirements. Interest on the investment of Program Receipts shall constitute Program Receipts. D. The Depositary Agreement shall provide that the provisions of the Depositary Agreement nay not be terminated or changed without written consent by IUD, and that if required under a written notice from BUD to the Depositary, (1) the Depositary shall not permit any withdrawal by the PHA of funds held under the Depositary Agreement unless withdrawals by the PHA are expressly authorized by written notice from BUD to the Depositary, and (2) the Depositary shall permit withdrawals of such funds by HUD. E. If approved by BUD, the PHA may deposit under the Depositary Agreement monies received or held by the PHA in connection with any contract between the PHA and HUD. 2.7. DEFAULT BY PHA. A. Upon written notice to the PHA, BUD may take possession of all or any PHA property, rights or interests in connection with the Program, including funds held under the Depositary Agreement, Program Receipts, and rights or interests under a contract for housing assistance payments with an owner, if HUD determines that: 1. The PHA has failed to comply with any obligations under this ACC, or 2. The PEA has failed to comply with obligations under a contract for housing assistance payments with an owner, or has failed to take appropriate action, to HUD's satisfaction or as directed by HUD, for enforcement of the PHAA's rights under a contract for housing assistance payments (including requiring actions by the owner to cure a default, termination or reduction of housing assistance payments, termination of the contract for housing assistance payments, or recovery of overpayments) , or Page 5 of 9 pages HUD 52520 E (June 1985) 07 : 3. The PEA has made any misrepresentation to HUD of any material fact. HUD shall issue a notice to the PHA giving the PHA a reasonable opportunity to take corrective action before HUD takes possession of PHA property, rights ox interests under this section 2.7.A. B. If HUD has taken possession of PEA property, rights, or interests under section 2.7.A, HUD shall redeliver possession of the property, rights or interests as constituted at the time of the return when BUD is satisfied that all defaults have been cured, and that the Program will thereafter be adainistered in accordance with this ACC. C. HUD's exercise or non-exercise of any right or remedy under the ACC shall not constitute a waiver of BUD's right to exercise that or any other right or remedy at any time. D. During the term of this ACC, HUD shall continue to pay annual contributions for the purpose of making housing assistance payments with respect to dwelling units under contracts with owners, entered into by the PHA in the form prescribed by HUD and in accordance with HUD regulations and other requirements. The housing assistance payments shall be made in accordance with the terms of such contracts. 2.8. FIDELITY BOND COVERAGE. The PEA shall carry adequate fidelity bond coverage, as required by HUD, of its officers, agents or employees handling cash or authorized to sign checks or certify vouchers. 2.9. NONDISCRIMINATION IN HOUSING. A. The PHA shall comply with the nondiscrimination requirements of Title VI of the Civil Rights Act of 1964 prohibiting discrimination based on race, color or national origin and Executive Order 11063 with respect to those provisions prohibiting discrimination based on religion or sex, and with implementing HUD regulations. B. The PHA shall comply with Title VIII of the Civil Rights Act of 1968 which prohibits discrimination in the sale, rental or financing of housing on the basis of race, color, religion, sex or national origin and with any implementing regulations. Page 6 of 9 pages HUD 52520 E (June 1985 ) O7r C. The PIA shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against handicapped persons who would otherwise qualify to participate in the Programs and, where applicable, the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age. D. Unwed parents, families with children born out of wedlock, and recipients of public assistance shall not be excluded from participation in or be denied the benefit of the Program because of such status. 2.10. EQUAL EMPLOYMENT OPPORTUNITY. A. The PHA shall not discriminate against any employee or applicant for employment because of race, color, creed, religion, sez, handicap or national origin. The PHA shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, Creed, religion, sez, handicap or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection -for training, including apprenticeship. B. The PIA agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by HUD setting forth the provisions of this nondiscrimination- clause. The PHA will in all solicitations or advertisements for employees placed by or on behalf of the PHA state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, handicap or national origin. The PHA will incorporate the foregoing requirements of this paragraph in all of its contracts for project work, except contracts for standard commercial supplies or raw materials, and will require all of its contractors for such work to incorporate such requirements in all subcontracts for project work. 2.11. TRAINING, EMPLOYMENT, AND CONTRACTING OPPORTUNITIES FOR BUSINESS AND LONER INCOME PERSONS. The PHA shall comply with Section 3 of the Housing and Urban Development Act. of 1968 and HUD regulations. To the greatest extent feasible, employment and training Page 7 of 9 pages HUD 52520 E (June 1985) 07 ' opportunities in connection with planning and carrying out any project assisted under the Program shall be given to lower income persons residing within the unit of local government or the metropolitan area (or nonmetropolitan county) , as determined by BUD, in which the project is located, and contracts for work to be performed in connection with any project shall be awarded to business firms which are located in or owned in substantial part by persons residing in the same metropolitan area (or nonmetropolitan county) as the project. 2.12. COOPERATION IN EgUAL OPPORTUNITY COMPLIANCE REVIEWS. The PEA shall cooperate with BUD in conducting compliance reviews and complaint investigations pursuant to applicable civil rights statutes, Executive Orders, and related rules and regulations. 2. 13. CONFLICT OF INTSRES? PROMS I( s. A. Neither the PBA nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement, in connection with the Program in which any of the following classes of persons has an interest, direct or indirect, during tenure or for one year thereafter: 1. Any present or former member or officer of the PEA (except a tenant commissioner) . 2. Any employee of the PEA who formulates policy or who influences decisions with respect to the Program. 3. Any public official, member of a governing body, or State or local legislator who exercises functions or responsibilities with respect to the Program. B. Any members of the classes described in paragraph A must disclose their interest or prospective interest to the PEA and BUD. C. The requirements of section 2.13.A may be waived by BUD for good cause. No person to whom a waiver is granted shall be permitted (in the capacity as member of a class described in section 2.13.A) to exercise responsibilities or functions with respect to a contract for housing assistance payments executed, or to be executed, on his or her behalf, or with respect to a contract for housing assistance payments to which this person is a party. Page 8 of 9 pages HUD 52520 E (June 1985) o7. D. The provisions of section 2. 13.A, section 2.13.B and section 2.13.0 shall not be applicable to the Depositary Agreement, or to utility service the rates for which are fixed or controlled by a governmental agency. 2.14. INTEREST Of !EMBER OF OR DELEGATE TO CONGRESS. No member of or delegate to the Congress of the United States of America or resident commissioner shall be admitted to any share or part of this ACC or to any benefits which may arise from it. 2.15. EXCLUSION OF THIRD PARTY RIGHTS. Nothing in the ACC shall be construed as creating any right of any third party to enforce any provision of this ACC, or to assert any claim against HUD or the PHA under this ACC. Page 9 of 9 pages BUD 52520 E (June 1985) 07 RESOLUTION AUTHORIZING EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT Whereas, the Orange County Housing and Community Development Department (herein called the "PHA") proposes to enter into an Annual Contributions Contract (herein called the "Contract") with the United States of America, Department of Housing and Urban Development (herein called the "Government"). NOW, THEREFORE, BE IT RESOLVED by the PHA as follows: Section 1. The Contract, numbered Contract No. A 2903 is hereby approved and accepted both as to form and substance and Chairman of the _ Board of Commissioners is hereby authorized and directed (Title of Officer) to execute said Contract in triplicate on behalf of the PHA, and the- " Clerk o£ Board of Commissioners - is hereby authorized and directed -to -(Title of Officer) - - — -- impress -aad attest the official seal of the PHA on each such counterpart and to forward said executed counterparts to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The County Manager is hereby authorized (Title of Officer) to file with the Government from time to time, as monies are required, requisitions together with the necessary supporting document, for payment under the Contract. Section 3. This Resolution shall take effect immediately. UMW= LJUNI Y . • BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO MEETING. DAM. July 7 , 1986 SUBJECT: C.A.T. Vehicle/Driver Lease Rate Schedule U8C I OEPARTMEIT: Aging PUBLIC- HEARING ES x NO A CACHMENT(S) : INFORMATION CONTACT:. Jerry Passmore Ext. 280 Vehicle/Driver Lease Rate PHONE NUMBERS: HILLSBOROUGH - 73Z-8181 Schedule HILLSBOROUGH - 732-9361 G'yAPL HILL - 967-9251 MANE - 227-2031 DURHAM - 688-7331 • • PURPOSE: To consider approval of .the .C.A.T. CCoordinated Agency Transportation) Vehicle and Driver Lease Rate Schedule for FY 86-87. • NEED: The Orange County Department on Aging and other C.A.T. agencies • need. tO loan vehicles from each other in emergency situations , and to non-county approved agencies for short term loan. An approved and uniform lease rate is necessary for budgetary purposes and to promote the coordinated use of all C.A.T. vehicles. • IMPAC 1 If approved, the vehicle leasing rate would generate approxi- mately $4,602 for the Department on Aging Administrative support for the C.A.T. program. RECOMMENDATION(S): Department on Aging and other C.A.T. agencies on the Transportation Committee recommend approval. ATTACHMENT # 1 081 Orange County Department on Aging C.A.T. Vehicle/Driver Leasing Rate Schedule Effective July 1, 1986 , the Department on Aging and participating C.A.T. agencies have established the following Rate per Mile sche- dule for leasing of C.A.T. vehicles to each other and to qualify- ing outside organizations. (Note: County Departments who lease D.O.A. vehicles would be charged the rate established by the County Motor Pool) 15 Passenger Van $. 35 per mile 24 Passenger Minibus $ .50 per mile 32 Passenger Bus $ . 75 per mile Rates include cost of gas , therefore, receipts must be kept for reimbursement. The cost for a C.A.T. Driver is $5.00 per hour whether the driver is waiting or actually driving the vehicle . All mileage and driver charges begin when the vehicle leaves the Hillsborough Senior Center, 300 West Tryon Street. Charges will be billed only to an approved Organization not to individuals . All vehicle release requests should be submitted to the Depart- ment on Aging C.A.T. Loan Program. Call 732-8181 or 967-9251, Extension 280. IIII "1711 '11 c1R.1*1GF COUNTI C.A.T. COORDINATED AGENCY TRANSPORTATION PROGRAM ORANGE COUNTY 084 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date JULY 7, 1986 Action�A enda Item l^i SUBJECT: Z-6-86 JAMES AND MYRA KIRKMAN DEPARTMENT: PLANNING PUBLIC HEARING YES X No Attachment( s) Information Contact: SUSAN SMITH VICINITY MAP FINDINGS DRAFT 5-27-86 PUBLIC HEARING AGENDA PACKET Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : To consider a proposed rezoning request submitted by James and Myra Kirkman for approval . This item was presented at public hearing on May 27, 1986 . NEED: James and Myra Kirkman are requesting a rezoning for 1 . 18 acres of land located on a state maintained unpaved access road leading to U.S. 70 at the southwest corner of the intersection of U.S . 70 and Interstate 85 in Eno Township . The property is known as Lot 77B of Tax Map 25 for Eno Township . The parcel contains 1 . 18 acres or 51 ,400.8 square feet. The property is located within an area designated Twenty Year Transition and Commercial - Industrial Transition Activity Node in the Orange County Land Use Plan . The present zoning classification of the property is Rural Residential (R-1 ) . The application is requesting the lot be rezoned to General Commercial - IV (GC-4) . IMPACT: Approval of the request would allow development of the full range of commercial uses at this location . Rezoning of the property would allow for the expansion of the commercial uses in the area as a single commercial development or, alternativel y, through the subdivision of the property into individual lots for commercial development dependent on the provision of public water and sewer services . O8t1 See Impacts Statement for further information . RECOMMENDATION : The Planning Board recommends approval of the general rezoning. \ f 45.94 AC.CAL. \ 1.2 7 AG. 5A ! r •9273 / 4363 I f 293AC.CAL.JAC. <5076 a \\ 11 f 2 \\\\ J I 7 ,pggg .8942 .77 Ac.CAL. 4.55 AC. 3 AC. CAL. / I f� \\ 700 8 24 3 S� 18 \ 2.4 4 a 6.1 8AC .69X.4495 4 0519 5 417 Tt 374 �� CgURe� e all PC r .13712 ��� Q4� 25 FU 26 I� t 5.85 1.74 AC. .51 t AC 50 \\ \��� I.I AC. 0 C. • 79E13 3 --_��_. �-_ _ ---_----- No \ 11 69 307 68 Z- 6-86 JAMES & MYRA Ki RKMAN 34zz �� .2365 4 �\ 5.62•AC. 5.5 Ac.CAL, 67 PRESENT ZONE : R- I 52(13 2 PROPOSED ZONE * GC-4 hU P DESIGNATION : TRANSITION AREA 7 and ACTIVITY NODE ?7 0041 �C�= Scale: 1' = 400 82 MAP 26-35 p� P/O 260.75 AC. 14.32 AC. 8639 i 8684 0'347 113 ire .8660 6 AC. 83 84 448�':J 22 AC.CAt_. 18 AC. AC 4.39 A �A L. `\ 3 9 TC�wN I5 AC. FINDINGS OF THE ORANGE COUNTY PLANNING DEPARTMENT PERTAINING TO APPLICATION: JAMES AND MYRA KIRK"BAIT Rl Z0NIDJG BASED ON THE APPLICATION MATERIALS SUBMITTED, THE PLANNING, BOARD O RECOMMENDS THAT THERE IS EVIDENCE TO SUPPORT THE FOLLOWING F1 NDI NGS: 00 r: ARTICLE 20 - SPECIFIC STANDARDS FOR EVALUATION/REZONING ARTI CLE 20 - SPECI FI C STANDARDS FOR EVALUATION/REZONING ("Yes" indicates comp lance;"N.o" indicates Non comp] Lance PLANNING BOARD RECOMMENDED FINDINGS— SUBMITTED TO SUPPORT FINDINGS BOCC Ordinance Requi rements - -- -- - F NDI NGS The application must comply with all requirements specl- Pied in .Article 20 - Amend- ments. Those requirements include: 20.32 a) Map showing affected Yes No Site Plan provided at scale of Yes No- property at scale of not less 1"=100' than P== 1001' nor more than 1 '_ 20' 20.3.2 b) Legal description of X Yes No Description provided with application Yes No property 20.3.2 c) Explanation of alleged Yes No No error alleged Yes No error, i f any, to be corrected by proposed amendment . 20.3.2 d) Changed conditions , if X Yes No Applicant cites adjacent rion- Yes No any, which make amendment reasona- �. :es det tial�and -used and-traffic bly necessary to promote public impacts resulting in the unsuitability heal th, safety and general welfare: of the property for residential use . • 20. 3.2 a Manner in which X Property is located In a- 20. Year } proposed Yes �o Transition Area and Commercial/ Yes No amendment will carry out purpose Industrial Node and intent of adopted Comprehensive Plan. 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 applicatn has- applied for a General Commercial-4 (GC-4) . designation. The criteria for that district are set forth in Article 4.2.10 and are as follows: 1 . The site is within an area X Yes No The property is located within a Yes No designated as either Commercial Commercial/Industrial Activity Node. or Industrial Transition Activity Nodes, by the adopted Land Use Plan, in Eno or Hillsborough Townships. 2. Water and sewer mains exist at the X Yes No The City of rurham has indics.ted an Yes No site or are to be made available as willingness-o extcn pu �Lic�wa.ter and part of the development process or sewer services to-the site . The Orange. County the lot size for individual uses are Health . Tepa.rtment has approved the on-s-ite appropriate to the method of water septic system contingent on improvements to the- supply and sewage disposal . 3. All property to be designated for new X Yes No The access road (SR1812) is' maintalned Yes No development under this classification by NCDOT for a distance of approximately shall have direct access to major 154 feet along the frontage of the property. collector streets, as designated by TFis road leads to US 70 which is designated the adopted Land Use Plan. as an arterial in the Land Use Plan. 0 00 O R A N G E C O U N T Y BOARD OF COMMISSIONERS 08 '1 ACTION AGENDA ITEM ABSTRACT Meeting Date July 7, 1986 Action A enda Item CI SUBJECT: Property Surveyed for Randy L . and Sherry H. Dunn Preliminary Plan DEPARTMENT: PLANNING PUBLIC HEARING Yes x No Attachment( s) Information Contact: Jane Atwater Application Vicinity Map Preliminary Plan Agency Comments Stormwater Management Plan Draft 6-16-86 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 the property surveyed for Randy L . and Sherry H . Dunn . NEED: The property in question is located on NC Highway 57 in Little River Township . The property is referenced as part of Lot 1 of Tax Map 5 . It is bordered by agricultural and residential development . The tract is designated as Agricultual Residen- tial on the Land Use Plan . There is one ( 1 ) lot proposed out of 29 .629 acres. The lot size is 4.40 acres excluding the right-of-way. Little River Township is not zoned; however, the Subdivision Regulations requires lots which are served by on site sewage disposal and water systems to be at least 40,000 square feet and that each lot abut the street or road with a frontage of at least 20 feet. The tract is served by the Little River Fire District. Law enforcement is provided by the Orange County Sheriff ' s Depart- ment. 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 subdivi - sion is approximately 9 .51 (9.51 trips x 1 lot) trips per day. According to the Department of Transportation, the 1984 (most current) traffic count for NC Highway 57, determined from the north side of SR 1003, is 800 average daily trips . RECOMMENDATION: The Planning Board recommends approval of the Preliminary Plan contingent upon the following condition: --name of the owner be indicated on the plat. I ' . :— •-• --- - -- -- ---..-- ____ .. / i. 08 - \ i Z.'- I IE ,r•-•,.. .... "1,‘ 7 i •- ■ -.• ." • \ -, C; 1 I.:1:L) /e,/ / .-•.:.1 ' '`.:-' •' - Y -< .----, \ \ '!..)-- ...,,,.. „..- ,-„.. _- ,..,.. -..„„ , - i.s- \ - .. .-.. f •.//,:, ..- / ..- - , "L„ .7-.7:, \ . - .• / . .C.-/,./., _ , .- - , / ■ ...'4":' s , :-. L. x ,-"'" • . ., - . .41;t17:1,Az //.,,,.1,27, i -,.__::,.. •,46c r .t ... , . \ ... V// " ' f r-,' fr.. _ .— / ,...... . /, „--" - ' / • -' i ".Z .;,:i I \,,,:::-.1-"F„ ,' 4 6347. I t / __ , ■ , - i_,_-_,—_,_ . f 1 4 1''.--N ,k ‘I•",„3. lin • Bo9-• I ...... 1 I to-- 1 3.06 A_ 1 F el , ,\,.-,,A1•110111 . , . . /•./',../- a stillillik.malllivallaillib, • ,,, fa / 01111111111111"....allailk. , . --___ /' - .....2.71avillitallittoir1111111V. ''‘.\%..\\.........-...:Lz....................„........„....„............,_. 4142e i i R040 z/ / 1 - ----7'7---1----5024 ,/ --z / 1.-. / ' i r• ' . IN .... 8791 AC. ,, -- .., ,Tts. • •4 cz. I RAM D9 L. q 314Eitit9 14. biANAi , _, Appubwr : gAii.9 L. 4 5i4stity M. buou LUP PESIG4JAnog: ASLICULTILIZAL. RESIDENTIAL . SCALE: luc4oi I 66 , --, , . . _ --.:, puMg TYPE OR PRINT (INK ONLY) 08;1 11/EIS• •. APPLICATION,,BOA SL180IVISION APPROVA L - 7]RAN CO N • DATE:. c7S= G SU$01VI8ION NAME: 6 /44-tt AtulAtatilts` .c ,` .AAA., I ikeivl,jj.ah«." LOCATION: A/e. � 51 OWN /DEVELOPER:. / r4v• to DUN Ai e She.eg . un:r) ADDRESS: hl I ox /dC O TELEPHONE NO , : 1.MOV 1W4 7-- rnbc.1:. r4tkE AJ i c, 017-1.gs= AGENT/CONTACT ,e. Gtr r. ie.taltA} TELEPHONE. NO . : A. SUMMARY INFORMATION: • Orange County Tax. Map s BLocI( Lots) Pk/ Township /4/e. 6ueuL Zoning District(s] : N/A "'�^' Total Number of Acres:. 6t. ?10 ttC.U4.1 Phases: / Tote I. Plumber of Lots: ,.,L„_. Average Lot Size: ,`t'irce Minimum Lot Size Number/Type of Structures : (existing) fproposed] I.1naaI. Feet in Streets: Acres in Open Space Water Supply: Pub Lic(specify] Community V Individual. Weeteweter Dispose l: Pub Licfspecify) Communit . .Individual Iiohoo L ' District: e z y Fire D1 stri et: Garters I. Land Uses in rea: v ditt`eitaitAAL 4./A.(IL .I:I.e-•4 Critical Areas : _,' stream/drait/ageways flood prone areas watershed(specify) historic sites ether(exp Lai n) — S . ALL plats must be submitted • on sheet no sma L Ler than one inch aqua ts. two— hundred feet (1 "=200 , ] and. no Larger than one inch equals fifty feet 000;40 ' ) and must contain the fa L Lowi ng information : ....: .2 subdivision name building setback lines came of oener(sl :: :} by notation or typical lot :ek i toms :kW, name of Surveyor, engineer or Layout land planner existing and proposed sene- npletliiil) — -_�,x (titlsl Preliminary Plan ;., (drainage, utilities, eagle, north arrow (North et roads, etc.] ter'; tap of map( •;U existing, proposed and date (including revision dates( :;; r adjoining rights-of-way •• tamasbi op p, tax wep�look�-tot ;.;;;a:Y� ina;:ding dlasnaicra and M.% rafersneres s :?:�z street names and state road boundary described with numbers W bearings and distances .47441ii existing and proposed ,cee total acreage of the treat utilities, including • end acreage of Lots, including M-r x:: g type, sizes, sv end excluding area within ::-: hydrants, velvet' and rights-of-way ..:.? senho tee control corner. . existing and proposed culvert proposed Lot lines with including sizes and grease ti -- dimensions typical street cross-sactione lot numbers ▪ and intersection details - '.'P phasing Linea <: including design and width - h'• topography at tan foot (101 r:•.:••x of travelwey and shouLdara � intervals horizontal alignment and _. 44; aster bodice. slrassa, flood- g L curve data (public ' :a way and ftoodplains . •! roads( Stream buffers and notation ▪ permanent features such as M•� indicating restricted �. buildings, casetariaw, . development potential historic landmarks township, carportte and extra- y,4 adjoining�. • '4;. territorial planning news of adjoining property Jurisdiction Lines which owners and subdivisions y crows the property �.. : °1 location and alas of parcels dsdicatad for public use or rued pm in v3r Location and size of Lots of icted dr.elop.ent potential and y;:, notation on plat regarding some • ___ • stormeeter management plan indicating first i/2 inch of runoff from imperviuepsurf.eee for cameral of the (GRAY ALFAS Ff1R i1FFtr7 IMF (td•i v1 • 09L C. OTHER SUBMITTAL REQUIREMENTS: 1 . Twenty-six (28) copies of the preLiminary plat 2. Two ?utL size copies ar en Orange County Tax map tone copy with tax parcels involved cLearty marked) . 3. Where. municipal or OWASA sewer is not avei table, a Letter from the Orange County HeaLth Department certifying the proposed wastewater system for. each lot. C., the applicant, hereby certify that the foregoing application is comp late • and =curate. I understand that a $210.00 fee (subdivisions of 15 Lots or Less) xr a $370.00 fee (subdivisions of 16 Lots or more) is due at the time of app Li cats on . A $5.00 per Lot fee is due at the time the final plat is . rresentad for recordation . • • w Ii - ,'— 13 -'\P V \ . cutir'4 1PPL ANT 'S SIGNATURE' OWNER 'S SIJGNATURE (ATE DATE • • • FEES: Amount Oz-me ai? Date Paid 4-25-'34, Receipt 11E3S • Randy L. and Sherry H. Dunn . • • 09. 11/85 ORANGE COUNTY CERTIFICATION AND APPROVALS - PRELIMINARYTPLAT STAFF ASSIGNMENT : Jane Atwater SKETCH PLAN : Received 3-25-86 _ Reviewed k-2-86 PRELIMINARY PLAT : Received _ 4-25-86 Reviewed 6-3-•86 REVISED PRELIMINARY .PLAT : Received. Reviewed _ T NCDOT • DATE . 6-12-86 CERTIFICATION Joe B. Haynes, Highway Main. Engineer __.. SCHOOL BOARD (Orange/Chapel Hi ll-Carrboro) : DATE 6-2-86Certification w:/6 UTLITIES (OW'ASA/Hi llsborough/Mebane/Orange Alamance/Durham) : DATE Certification OTHER : Recreation Advisory . Counci l 6/12/86 (Date] Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro (Date) Hillsborough _ -(Date) Durham _ _ _- ( Date) Other Soil & Erosion 4/J A6 (Date) Health Department 3/3/86 (Date] - PLANNING BOARD : Date _6 1686 Approval Approval with Conditions x Denial BOARD OF COMMISSIONERS : Date _ Approval - .Approval with Conditions Denial • • I • STORMWATER MANAGEMENT PLAN I RANDY L. DUNN PROPERTY A RESIDENTIAL DEVELOPMENT IN ORANGE COUNTY, N.C. I APRIL 1986 IPROJECT NO. 28604 I PREPARED FOR: RANDY L. DUNN ROUTE 1, BOX 1060 TIMBERLAKE, N.C. 27583 I I � . PREPARED BY: 11 PHILIP POST AND ASSOCIATES, INC. ENGINEERS/PLANNERS/SURVEYORS CHAPEL HILL, N.C. 1 I 09e. I ' PHILIP POST & ASSOCIATES; INC, JOB RANGY L. DUNN PPop£ Y Engineers/Planners/Surveyors SHEET NO. L 401 Providence Road Suite 200 OF I . CHAPEL HILL, NORTH CAROLINA 27514 BY rig DATE i/'z(-8tv (919) 929-1173 493-2600 CHECKED BV DATE ` SCALE :S70R.m WATE&L /I'1AOa:1:91Ee1T Ttbr .....-... . . !r! N. . .. ..'TN . . 1 'iiOu NT o f +aoo/noN.al.. r2_ ,v—OFF =.. . I. , ;............;.../F `i/L/S... .....LOT" .......r..S....._._1) c1 c.c:oP6 ati W IT,cl;........ ... 20..A4 44,Ll: .. J .j. ... ..... • f i .................G.tu...e.N.._.._ ..4 ...Lo.r-...._ , 7....A eF _ _ P -j....._.....„.`�.r...__._. _... _ 1............., C �rft.AG. ..... .....w.o 0 oED...._...e.... G.!eRsS: �- _. 0......:.L.o4. (..�.a <Ar)..... I } �-�A-C.•�•L47:1.Q10a F F = u...61.0... .. .......y BE Foe.a.._...1.r .P.;P!.05 .E4 It... I . ._ - C T A t_:mF pgi coocr4.$.3_r.., Ann .M,/ ... .... ....2 7.s / = ., . =. I-.• ,o. FS _„.� FF E"-IT C -F- CT ...... . 7,s (x) :-v t -. 3y . �..mouAJr . oe= , W rare 7a R.ET74IAi Ro OA - O$ • TA - 8. 8 c r , 33 CF % . _______ r r________ ... P ' .• , . . . . . .. 09 . I PHILIP POST & ASSOCIATES, INC.-- • roa PA ioy L. Du na • f,ea,06„ery . • Engineers/Planners/Surveyors • 2 401 Providence Road Suite 200 SHEET NO. OF I CHAPEL HILL, NORTH CAROLINA 27514 CALCULATED BY 8 DATE 4 -2i-8 g (919) 929-1173 493.2600 CHECKED BY o W DATE SCALE 5�ORITI f3T Ll�AAJAG r ifl 4 7 ......; I........ ; A r I - V4. GU . . .._..... ....frF.F _ : , 1 _....._.._....._____...........1„..... il I -:--i, 6 ..3'a' )(d , -i ) c- ...... ........ .. ... . . ..• i 4 ... ,._• ........i4 4 . , • : , . . , , ‘_ i II ..._.„ i 1...........' ....4. -ci 1 4. 4i.__-____r ,. .t ' r�. : - r Y - _..4 ue..._•--•---4-•• N Q..eDee .........TO i 41 1...............T..$ 6.1...A re.e : 13.41.0_. ...A. ... ....._r..._....Y Ifa .._..._.._.............. i1f.. s.IM... Ae..P.1?oX....I.M.gar..r.'.4...Y.................. /,5.......X.../5' 1....?`N.._...__ _.... (.api 0.6 .. 'E.5...........t... .A .a......:......... O Arrl �.T' .............7-44. .. ._ „u.... S../ .131s(ti .mP... L,..4 T y to.. , S - tt►bT..... . .... RA iiu irk) I ---1. : : . 1 : - . ., . : H. . i- 1 • ,: , - i 7 4ir • : . t : _ .11Y21! H : : UJ LEurc_ g . i : I 7__--L ,- , : s ' . . , : , ' r 0 NArueac...,Ge W.l0` Lop6- p 10.E II . ” • • • , : : : ... . ... , .„ .. . . . . . . MIA•a a Mw.- •■•a a a a ry•./ I 'ARTMENT OF THE INTERIOR A DEPARTMENT 0 GEOLOGICAL SURVEY Ø9 is • R 1 V 1 680°°m".E. 631 682 68-3 . 57'30" 684 Roxl3opp ti k,,,„, .11-,•, -. ,. '.),1),,___ Ili( , i r, :' r , y te - _ I .._ ,,----—It , , .r17,--\-0,--1 - ;N, -) _;,-, .c- i r', OA ---) 4\A-, T.:‘,; ,,,,:). . "Ilr-' 1 ' 71;: .-4\11 ---i'L. '''..11airie:\.- 47°.1 / I !f7 q at,k)(1 5 . . I 'Ls...4N\,_ 17-.711 .\t ;,'-.71NE...,..,1111141‘,.. . .0'),11. •ILA*/ _. ri vih-z ,_ , , ,, ..-Ai , „ ._--3 g ' f 4/11A/Ilit. ' .41141 ::: -"', itirii or \\7-,--.., . ...,... -,,,,,,m,;,4 ,,,e.,_....„, .I.r ,.... ! f=7,p—T,----. -;_mi N - -/;sk -,,1 r----e-.n ( ,.--z)\., _ L,9,7,J, \i _g. ,I, . :: '‘, A :;P: '1: -1)i8 400%), * Cl. \."` . ‘...? . s r „ ,) li ----).,. a 1--rk I -... 7 \ OW _)to 0 I - 41 .,.e -1,-, 1:. :,_, -,/, 5., .., \ 0 ;7./.7,'. - '--,.-. - •; M I :',,;' . . . ! ,?4Pf—'\ s \ 471 .. ,,:,,, % \ / 0 i.-\__ ‘---. .,,,) .. _..Ar,Sefi' -. . . : 1 \ "---•:.. e _ 1 i 1 II , , , ,. .....---. -. . ill,\ i (__-- ) .. \ '.1,,-\ \ i'■ ;. - . I D6o, in r\) 1 .. 7("6\47 ..*';i;.:.-Ti.T:—. . ',", l O 4 d 1 I1� ,, b _l 0 a & 1 " i . ' - 46441:- :1:'\\)) ---\----) i.--..) ' 1 7, ---.1 .4 11 ._i I' . - ii. , . ./ ' .k, .,,-.,._...- )../... ," li-/--.--,_....;,./ 43 r 1..„./ } p ),;, ‘, ... : . , Itt_ ;/( ',, ' :- --. ., ,,:,..-_,-,&- :._j.i`- ,-4 .(,1 , : 0 ... 0 31 i1,1,-4 ' ' i . 7:-- .__ ___, _ / 1--d ' . -J\ - -` ,� 4, 1 ! //SL\ r 1 Q �i 6 2__ 7(-72 4,,,,,::::„l ' PHILIP POST & ASSOCIATES, INC. '�� �� 1 �� � /. Engineers/Planners/Surveyors r/ ° `� / CHAPEL Providence Road Suite 200 / HILL, NORTH CAROLINA 27514 I 4: 1 fir :S") '. -1 o (919) 929.1173 or 493.2600 1 i ..j 4:it '(16j) Cr., ',) ) L( ra -ii.0 Y'f" Ii--- --- N -I -s\,\'''. . ,,, . y ,. :I 1 _ PEE 3• iV ° °e.fi d tiIlkk A-\AL\:,:,?\‘',.,-' •�,+ice"' ., � :_, ., • %"�is W. .:.�r ;.r 12.67 • F----------.. ..-.:.• •-. •.. . : 0 • 187 • ` MATCH 6.2 AGM`s I FU - - , -. � _ .2794 SEE MAP 4-10 7'•4 AC. P/0 155.53 AC. 18 •5406 ,/...• • // • . 13.SIAC• �� .5123 r 1/4",/ Q 3B p /j i I _ 919 ,� °` / • % • Ila 992 �G. // `1 ' II C any PC j/// 1, 4CC• .5G / I. /// 415 I 0' '7632 / I . FU / / .4460 I 49 /// I 103.5 AC ‘� 0,e// J.::' 4.830- 11 • 6278 / / II / 1o9a . / /.a.; 1313 I•- I.\- • G�f/ 997 il r \ , / / 3.0�Ac. •ii . . . •-...J 1 / .. . I 1 . _ / 6 • //// PHILIP POST & ASSOCIATES, INC. BE THE L. / / �Ku�� Engineers/Planners/Surveyors / / 401 Providence Road Suite 200 / / - CHAPEL HILL. NORTH CAROLINA 27514 15 /// (919) 929-1173 or 493-2600 jQ _ // \ angnnagjSZSEIEMBSEEEIBIBTZMVE1MMM2 r i / // PA6E 171 • • • ORANGE COUNTY PLANNING DEPARTMENT 09" BILLSBOROUGH NORTH CAROLINA 27278 _001 1 * "it et so wl MEMORANDUM TO: Jane Atwater, Planner FROM: Warren Faircioth, Erosion Control Officer SUBJECT: Stormwater Management Plan for the Randy & Sherry Dunn Subdivision DATE: June 3, 1986 The plan for this subdivision proposes to meet the Ordinance requirements by using a detention pond to control the peak rate of runoff from the site. The proposed detention pond would store the increased volume of runoff resulting from the de-velopment of the subdivision and release it at a rate no greater than the pre-development rate. If implemented as proposed, the plan would control the post-development rate of runoff to a rate no greater than the pre-development rate. o 9JRANGE COUNTY PLANNING DEPARTMENT EaLLSBOROUGH NORTH CAROLINA - 27278 •.•q .i .6-►v. • • ti �:= R`lI UI • June 2, 1986 Dwight Kelly, Division Traffic Engineer 6 Co / o / t f N.C. Department of Transportation P.Q. Box 9278 Greensboro, N.C. 27408 . RE: Randy L. & Sherry H. Dunn Dear Mr. Kelly: • Enclosed is the Preliminary Plan of the abovereferenced. subdivision for your review. - The property is referenced as Tax Map 5 Part of Lot 1 in Little River Township and located on the southeast side of NC Highway 57 approximately 1100 feet north of SR 1530 and 1200 feet south of SR 1533. The applicant is proposing one (1) lot to be used for a- single family unit. Please provide your comments by June 9, 1986. It will be greatly appreciated. Yours truly, . Civak- elAvaA) Jane L. Atwater Planner JLA/ja Jane, Enclosure No drive permit required. Yours truly, Joe B. -Haynes 1 (P-12,-g& Qtpd , highway Maintenance Engineer �, • o� ter (Orange. (tuunta iterreattan nnb 'Parks Department N "�-�:.�. 300 West Tryon Street" • -,h. HILLSBOROUGH, N.C. 27278 Life.Bein it. .4_ y 0. • • Mary Anne Black, Director MEMORANDUM TO: Jane Atwater, Planner FROM: Mary Anne Black 7 DATE: June 10, 1986 RE: Courtesy Review -- Charter Meadows, Section III • Dunn Property Lake Hogan Lane Blueberry Hill Upon review of the preliminary plans for the proposed Charter Meadows (Section III), Dunn property, and Lake Hogan Lane subdivision, I. find no element(s) warranting comment from a recreation and park perspective. In reference to the proposed Blueberry Hill subdivision, the-6.3 acre area designated "park (private)" is of interest from a staff - . perspective in that I would be interested in knowing what type of development is planned. It would be beneficial to the future residents to have this development encompass "passive" areas such as open/green spaces (cleared), walking paths, and a picnic area, possibly. Thank you for the opportunity to make these staff comments.. I will - present my recommendations to the Orange County Recreation and Parks Advisory Council at their next meeting (July 1, 1986) and will forward to you any changes/additional comments they may have. - MAB/pbl CC: Lorraine Parker, Chair, Recreation & Parks Advisory Council Robert A. Jones, Jr., Northern District Supervisor Brian E. Cox, Southern District Supervisor }�2cziv-iL (P-127N/ - Hillsborough, 732-9361 * Durham, 688-7333 O Chary ; !f l'. 968-45:31 r;7 Lane. 227-2932 Area Code 919 • O R A N G E C O U N T Y BOARD OF COMMISSIONERS 1 O C ACTION AGENDA ITEM ABSTRACT Meeting Date July 71 1986 Action„Agenda Item # S SUBJECT: Waxstaff Park - Preliminary DEPARTMENT: PLANNING PUBLIC HEARING Yes _ X No Attachment(s) Information Contact: Eddie Kirk Checklist Vicinity Map Preliminary Plan Stormwater Management Plan Agency Letters Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider approval of the Preliminary for Waxstaff Park Subdivision . The Planning Board recommended approval of the Preliminary Plan at their June 16, 1986 meeting. NEED: The property in question is located in Cedar Grove Township off Mill Creek Road (SR 1343) . It is referenced as part of lot 22 of Tax Map 40. The developer is proposing a Class B private road to serve the proposed lots. The tract is bordered by undeveloped land with residential lots along Mill Creek Road. There are five (5) lots proposed out of 4.6 acres. Individual wells and septic tanks are proposed and each lot is .92 acres in size. The property is not zoned and is located in Cedar Grove Fire District. IMPACT: A 1985 traffic count on Mill Creek Road indicated 700 trips per day north of SR 1340 (High Rock Road) . Using 9.51 trips per day per residence, an additional 48 trips per day would be generated on Mill Creek Road . RECOMMENDATION: The Planning Board recommends approval with a 101 x 701 sight triangle easement recorded at the intersection of pro- posed and Mill Creek Road as recommended by the Department of Transportation . ����� ---. 91 51 • z . 1 t . 2049 rE 06 2AC. If f; 1Q. ,� . . 298.6I07AC. -2 99.12 !r lee. O$ 1 Al • FU 93.i 1 9 • r ` AC. 4.76 AG. 406.\\,(.642C 9776 !/ / 381 ! \ Ir 39 6.05 AC. r ISO 0 fr'4 • 6485 i r ?�' ;,1 - _--——— 99 41 53t5 I ql ' ! 25•• 'fa+ -:r r - 2AC 'a=-4 d ,� 2271 -. 0 , 1 1 n0 1 .5958 I 1 218.51 c` :.73 S 7. AC. )11 I 19 © .. 6732 4/// 2739 2 AC. ',/ I.66AC. 1.04A1. 1.6593AC- 06566 /4' , .- r .3571 ' / 1.22A , / 1.29AC. • ifT4 3146 (J;)4 ///// V-s • Jeor/ • @ I A/.'/,y- (..\,CD. • . v Q. - f F7!• 2 QC. / "�- • •` a QV,.� /�' 386 " - rev / 22 B 01p)5801 `\0064,` /� _ 3884 - .92AC. 7,%,-,...., I A C . �IAXSTAFF PARK . APPLICANT: Charlie Thompson LUP Designation: Agricultural - Residential Residential Scale: 1" - 400' t . -1 N 1.n; LEGEND 9837 ---.9847 — EDGE Or ROADWAY — DEED LOT NUMBER -p7 -"- RAILROAD 1 1 I LOT OR PARCEL NUMBER O — STREAM — . -,. EASEMENTS(GAS OR POWER TRANSMISSION LINES) — SCALED DIMENSION S BLOCK LETTER 0 TM DEED DIMENSKXI D PROPERTY LINE • ORIGINAL BLOCK DESIeNATiON•= C13 'o' - 1 r d 102 HISTORY OF WAXSTAFF PARK SUBDIVISION Reference Activity Date of Approval Lots (Acreage) Property of MinorrSubdivision 9/21/82 2 (1.98) Charlie. Thompson Final . Property of Minor Subdivision 10/7/85 1 ( .92)1 Charlie Thompson Final PLEASE TYPE OR PRINT (INK ONLY) . 11/8S APPLICATION FOR SUBDIVISION APPROVAL, ORANGg_ COUNTY DATE: 4/25/86 SUBDIVISION NAME: Waxstaff Park LOCATION: North of S. R. 1343 in Cedar Grove Township OWNER/DEVELOPER:. Charlie Thompson °' ADDRESS: Rt . 1 . Box 232 TELEPHONE NO. : 563-6107 • Cedar Grove, NC AGENT/CONTACT:. Steve Ygbasz TELEPHONE NO . : ..� 7)2-6262 ENT Land Syrvev . Irg. , _ A. SUMMARY INFORMATION: Orange County Tax Map 2 Block - Letts] 22 Township 4 Zoning Districttsl : ___ TotaL Number of Acres: 4.6 Phases : 1 Total Number of Lots: 5 Average Lot Size: 0 .92. Minimum Lot Size Number/Type of Structures.: texisting] None ,(proposed] Sinale family Lineal. Feet in Streets: 850 , Acres in Open Space 0 Water Supply: Pub lic(specifyl Community . X Individual Wastewater Disposal:, _Pub Li c t speci fy) Community . x _Indi vi dua L School District: Fire District: General Land Uses in Area: Agricultural /Resi_dential Critical Areas: _stream/drainageways flood prone areas watershed(specify] historic sites otheriexpLain] B. ALL plats must be submitted on sheet no smaller than. one inch squats two— hundred _feet i1 "=200' ] and. no Larger than one inch equals fifty feat t1 "=5O' 1 and must contain the foLlowing information : subdivision nose X %¢.•rS building setback Lines tae name of ownsr(al ':hY by notation or typical lot :heck items :.- moss of surveyor, engineer or :::e4 layout Lend planner X ii ; ti :om feted _ Y• •, �. :*„ti seats Cg and proposed ease- I� (filial Preliminary Plan .*Aii: .ants (drainage, utilities, WW.' scale, north arrow (North at WE roads, stc.l Mr top of mapl existing, ;y� � g, proposed and * data (including revision deteel i:-..�� adjoining rights—of—may ;N .:* township, tax cap—block—tot $:*: including dimension and X v <_m.; street names and state road boundary described with ^`•::*: numbers X 4a bearings and distances Y �., }•••'-•', { existing and profaned total acreage of the tract utilities, includin and impetigo of late, including _• ;; type,•. sizes, g '. lti end excluding area within ;%tifsh hydrants, valves and rights—of—way '.,.: a sanho lss control corner •'`'' {.:: � ; � existing and proposed culvert .,.* ',:.4:.:'g proposed lot Lines with gi:iik including sixes and grades dimensions ,;.rR; typical street crass—sections lot numbers :ti..." and intersection details f''�Si phasing lines %Y ::: .:Si f.aa, including design and width topography at ten root (101 of travelers and shoulders W: intervals y intervals � ••� horizontal slignaant and ; ;; water bodies, streams, flood— :-:`::#; general curve data (public way and floodplaina ; $ stress buffers and notation „_ XOt permanent features such ea KW indicating restricted �'•i�:i buildings, eneetaries, !.:'-}"' development potential ='`7 historic Landmerka, ...X township, corporate end extra— �. -•�•�••,,,••• •-•,'•, adjoining lot • layout •iy.`, tarritorisl planning nesss of adjoining F. jurisdiction lines which j 9 property X } cross the property owners and eubdlviaione ,,4 Location and site of parcels dadieated for public use or reserved _ill r,fi in cosson Location and aixe of loan of restricted development potential and 4 r;¢ ••''i notation an plat regarding saes +..._a economizer aonegement plan indicating provision for control of the first 1/2 inch of runoff from i■pervious surfaces M. • (GRAY AREAS FOR OFFICE USE ,9NLY) loq. C. OTHER SUBMITTAL REQUIREMENTS: 1 . Twenty—six (281 copies of the preliminary plat • 2. Two full size copies of an Orange County Tax map (one copy with tax parcels involved cLearty marked) . 3. Where municipaL or OWASA sewer is not avai lab La, a Letter from the Orange County Health Department certifying the proposed wastewater system for each Lot. I , the applicant, hereby certify that the foregoing application is comp Leta and accurate. I understand that a $210.00 fee (subdivisions of 15 Lots or Less] or a $370 .00 fee (subdivisions of 18 Lots or morel is due at the time of application . A $5.00 per Lot fee is due at the time the final- plat is presented for recordation . A" - LICAN r 'GNATURE OWNER 'S SIGNATURE rzli DATE DATE • FEES: Amount //AS Date Paid 1f-,2S-i‘ Receipt //5c3 • Waxstaff Park 11/85 ORANGE COUNTY CERTIFICATION AND APPROVALS - PRELIMINARY PLAT STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN : Received 4-25-86 Reviewed. 5-19-86 PRELIMINARY PLAT : Received 4-25-86 _ Reviewed 5-J-% REVISED PRELIMINARY PLAT : Received Reviewed N.COOT : DATE CERTIFICATION recommendation SCHOOL BOARD [Orange/Chapel Hi LL-Carrboro ) : DATE 5-19:86 Certification P.8mment UTLITIES (OW'ASA/Hi L lsbo rough/Mebane/Orange A laman.ce/Durham ) : DATE 67.4-P6 Certification Heath Sept. OTHER : Recreation Advisory Council [Date) Carrboro Fire Department w(Date) Chapel HILL _(Date) Carrboro (Date) Hillsborough (Date) Durham Erosion Control 6--3-36(Date) Other �_----- (Date) Mate] PLANNING BOARD : DateJune 16l_1986Approval _ Approval with Conditions x^_ Denial BOARD OF COMMISSIONERS :. Date Approval _�, ApprovaL . with Conditions Denial (Ortingz QIuuntj aterrzation anti Varks Etp-arttnent - • 300 West Tryon Street • - r • A' HILLSBOROUGH. N.C. 27278 Life_EZ1n- iz_ Mar, A ck, Director 1.0 • MENORANECR4 TO: Eddie Kirk, Planner FROM: Mary Anne Black'-i99 • DATE: June 3, 1986 RE: Waxstaff Park and Red Hill Estates Upon review of the preliminary plans for the proposed WAxstaff Park and Red Hill estates, I see no elements warranting comment from a recreation and park perspective. CC: Lorraine Parker, Chairperson Orange County Recreation and Parks Advisory Council • Hillsborough, 732-9361 6 Durham, 688-7333 Chapel Hi1;, 968-4501 • Mebane, 227-2032 Area Code 919 • a ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH -� NORTH CAROLINA, 4' Lpi • 27278 fr:" ba _ l,c R`11 • -Put eo.∎-• April 28, 1986 Joe Hanes N.C.0.0.T. Rt. 3 Box 3 Hillsborough, N.C. Re: Waxstaff Park Dear Joe: Please review the Preliminary Plan for Waxstaff Park sub- division. There may already be a driveway permit on this since lots 1 , 2, & 3 were created as a minor subdivision. If you have any questions, please give me a call . Since ely, 7d6fLif Eddie Kirk Eddie, We recommend a 10' x 70' sight triangle recorded at the intersection of Waxstaff Road and SR 1343. We will require a. driveway permit for this entrance. Jb a B. Haynes Highway Maintenance Engineer • • • ORANGE COUNTY PLANNING DEPARTMENT 10 e HILLSBOROUGH NORTH CAROLINA 27278 �rrr+t i o e "'fl(-II ciao MEMORANDUM TO: Eddie Kirk-, Pi-armor From: Warren Faircloth, Erosion Control Officer, SUBJECT: Stormwater Management Plan for Wax Staff Park DATE: June 3, 1986 . The plan for this subdivision proposes to meet the Ordinance_ requirements by the use of detention ponds to 'control the peak rate of runoff . The proposed detention ponds would store the increased volume of runoff resulting from the development of the subdivision and release It at • a rate no greater than the pre-development rate. if- implemented as proposed, the plan would control the post-development peak rate of runoff to a rate no greater than the pre-development . rate. • 1.Q u I STORM WATER MANAGEMENT WAX STAFF PARK IN ORANGE COUNTY, N.C. MAY 1, 1986 PROJECT NO. 28605 PREPARED FOR: STEVE YUHASZ HILLSBOROUGH, N.C. ,'`,1,,,,,,,,,,, rA.-4i �/ 7./5 ° r C+ " , A r ,„,,t` l. PREPARED BY: PHILIP POST AND ASSOCIATES, INC. ENGINEERS/PLANNERS/SURVEYORS CHAPEL HILL, N.C. I . INII • . . . PHILIP POST & ASSOCIATES, INC. JOE, WAY 57-A Fr' prte lc 11 C Engineers/Planners/Surveyors q 401 Providence Road Suite 200 SHEET NO. i OF CHAPEL HILL, NORTH CAROLINA 27514 , CALCULATED BY A148 '. DATE• 7--30 -8C. •. (919) 929-1173 493-2600 • . • CHECKED BY . DATE r SCALE STORM GO Areie nilloA6F490.4.1t , • . . .. . . . , . . . . ...,,,,,- , ,,A , A , __ ... V1/ti X ....5 T7 PF . 1Pe‹ 1 i . . ' RE 1441 I AI gta , i f i .. ,,.. .: • •.. .. •: • •• ......-• •••••• ••:-•• •••,••• I . ' i • :7 7 ! ! i ! f :. ' r .! : :! • E : i- : ' -i I .1. STO. 417) iCOATE4 n1,A 0 Ae toE... 771 . i ! . , . : • . • t•••••••.....• - 1 : ' 1 • ! 1 i i ; : - ; • : 1- :: i : • i •; : : • 1 : ., , •r ; ; , _, . • • • : „ ......_._..,:.03,TEclu Ezi per 6E01114E • • 77.74,E i 4 too c!..or oP :AP 4,ir70:4 44.,„;..- - : . f i 1 1 i igLi 4 q)c-F-' i .'F "rtqES.g ../-4-.)7--t /gee ,' -..... : I . 1 i Asi ::s7'7.0 404 .0.4.: -1-kig ' ic37.7.7.:AcA16p froPti: ! `;------L IS -TT . . ,. , .. 111 7 i:i 8 9' ..... J., . 1.. retL!.417E.. 5 rge-4-ri ,.' WAx.57-A FF edflp =!---. I , • j • 4.kerA0E, • 44 4G- keES ! 1 • •• 1 - , --_ ----r- ? . ' j. i ; • I ! C6c.' c (.4.ript,-$4 1„. .. . . . . , . ; - 1 • .1-- -t- .. - ----- ----- ...---- . . I . :. ". DLIteirio.e..: .„... .z.u.p.)0.rp,-.. „ . p.eE. 0. 0.6(...o..pmFArr ! .: • .., : : : _ - , ., ...___ „...... .,........ ..L. . . . . I ;..... .... .:, ..:,. .., .. ........... 1..-,5pg//.1 :' i . : „ : : : i ... ,' 1TE A Le,4-/Ai CIL 4550.7c,....47.70,41 . . : . I F : :: - .' .i. . :S frCiF K : .ppA/A.}Ace : Aer.-Ais ...: : •i - :-_ . , .:.-DP41144G.E I -7 : : DO.A.Ipia:sc• r,e04? Da-c( I ' • . : ' 1-P T 8 '. Co.c.4..Ecr-s , .;rae. ! t.tits. : _ 1 i • •-: . . . _,: . ... . LT- .: 1..P ... .0 ; -. i-o r- • 5- . .. rok 1-97 i 5- eC 5 I ---• -• • : . . . . . . . . .. . . . . .. .. . . . • I .. . . , . • . . , . . . ,,.,...iiii.d.r,„, -- • _,_.... . .4E1 1.1.1. . - . • PHILIP POST & ASSOCIATES, INC. . JOB WAY STAFF- FpgK • Engineers/Planners/Surveyors 2 401 Providence Road Suite 200 SHEET NO. OP_ CHAPEL HILL, NORTH CAROLINA 27514 . CA F74,6 DATE 4-30-86 LCULATED BY • . (919) 929-1173 493-2600 . CHECKED BY DATE ? . - SCALE STOefn La ATER rn.4 A)meffignur , . . i . . . : . . . . . . . ; . r . : .... • ..... ., ..,!. ,,.. - i ■ : . . . . „,.. , :B.J9so.0 A..........„ _... ,... . . . . . . . : : : : • : • . i i .D 0 Li v iftG....EP.4.Sc4.'. : ---- IPS AceEs (! liz' 00A ii. gluil i • , 1 • 1 , : . , , I- 1 1 ,. •. Jr=..e.o....0. 0.6..J.,0/0.016.4r- em..1.,v,--0...6.F. j :, ! : _ ., , . . . : —. ,-,_ _,__ ,.._ . ,. . , , 4 Woolt ' , 2 ,..3 -0 F .CoEFFIcrE".+Ji- C 4`" . . 2P 1 .! ! :U ; ,- ! r • r . • T. ;.= 7.... / A)..1.kk. I i gil f— .1(7.A. . c 4ef j PEfj i i ' - 1 ...'- ..— • i . i i 1 1.-t.; r- I 5Tini4 • P.0 .11..4.,. .7C41...1. .■Cit.I.Cr __J._.....,_...._.... . . ,T,HA : - 1___ _i_.1._ . ..r.._.. , r i..............t i r-------.....+- .atii i. 2 ; •, , 1,_ , . ; : ■ ■ . . , . 1 . , 1 4. 42 CFS - ; i I ' ! , 1 1---- )7- , - ; i ; '-! I -!- -1- -ir ; - i rt-- - + : : ; : . III ........1f0Sr -PO)4oftmri. F-.(..5..,,) .i ! , „ _ _ ,_ , ....... .. . .._ i , t . . : , • , .. ..... . 11 - trfP6NO ( 061Z .I 1. , AR -4a, I c. ! TO int- AA I 4...____...../e60.1.Re..a. -._.-4 P104!Iri epAi)... ' ..,., : -...' 3Z 6° : 1 01. 0 0..08 i _.... 1 . - ..... 1......: ..07 ! ! ... .....sc? 002 ! - 1 , 02 . - ....... 1 ........ I ,.._ :_ A.0...0...5gs .ii .._. i...0...... ..... L „495-1 :: ; 6 63 H 1 '1•0! i ,_ i. , ,.. i.,... 6 ,245-s 1 /.15-o : ; e3o, s : 6 , (.7'8 :' i :: , / q. - r :idupop..1A0...0.. . ....:......... =....... . /.. ,1q. :, .iao g 6 , 8c, . i ; , 0 T i 111 ,, • ......„ :i..........H ........!„ .....'... .1.. .• :: .„ I • • ! : : i ' 1 : , ' :3q . ..q) 8errL . . /075c ,:••-•- ••• • :•-•-•----- !. ,. . . . . :" 1 " .• : i ; .„..,„p.t ,-,F. e.. .„.0E,,:...H .Q •.:7 :. 9. d.c95- - 4 ‘2- :r T.t-: 3. '2 3 CIS ' 'i ..,.. i ' ..: ...i,... . ; . : : ' Va.:cpkrie ' ::r• ' 770: CF- : -:_-..._ ,G? ( t ) (- 4os ) ......„.... •.... .... ..:. . , :,, . . ..... II . : • B ,, 51ZrrJ . . . . ..... ,,:... 1 ' ' 8:"., 'oyi.p .....p.I.P. . .. ; . •. . .: !. • : - z ! , i • :: • •-•H• -.---- I I .'' • ..: ,5.•....1..,.... . . -.... . 33.op ,. ( -- ._ :1-i)Are C... L..E_.... 0.. E...c . . . 20, 7 - . . . . .._....... ... .I ...: .. . . . . . . c9"crAP • I F . ' . ,. .. . . . . • J . . _ . . • .PHILIP POST & ASSOCIATES, INC. JOB WAY STAFF - . 11 2_....i..::..!. .. Engineers/Planners/Surveyors SHEET NO 3 401 Providence Road Suite 200 CHAPEL HILL, NORTH CAROLINA 27514 :be • PA DATE CALCULATED BY (919)..929-1173 493-2600 . --CNECKED BY _ DATE II — , SCALE I 1 : , : : . : ; : ; i • ti BA 5.W...........g.„ .,.. ...i t ' • . . • , , i• . t •r•-•-••••••••••••'------;-- 7 '; ' i I E ■ L ' .. ---.... ] i .: i i ! ( fzi kb A P ' P Ad :- D..,RAI..;iti AGE 01 ,! .-----_.1..- , ,,, ,.r..e.{.61 06., ..(1.7.1 4:4P„Tae:9.0:1 ' ; Pe 1AF.-0Ftr . .. - , - f- i' , , , : : i C. - ' 20 etoi7„6. o ,726.1.41.0E- iCO‘Fric, di ' 1 Z.:0L-..- : Zs- IL; /.11 ! eA4E.4if 64- J -inf.): ,,,,,,,_._. ,,••_ .,,,,,,................... • i. ; - , r. ,,,c; '4= -- ,.. ,n 1.4 - -Kit? ',.?ii.c.i.4:,....... ihgei T , .--, . : 1 :I' - . 1 . . . . :ow ; a - i -c: 7- A_ ( 2 ) ( 7..'S .. .0ic? . . . : 4 z r F • t : . . . . ,-----.1-.4.---±---:.-L- • i- I.- ,- : . . : : . .....................P057:--,--De' )64„., .: ,, 0)E7'41 1 '-.L49iC .1 . . . . • . , . 1.-- - t i• r : : . . : r; - I-,,,,,—1--------r .s.,5•1121.E• 1 A4 ! A ! - ' CPI 0 :--1 ec'96--CK Coq • i , , : .: ... .• : r , _ p 4ef-/Lez 0101 c-... 3,. ii3 i.c r: s i ;- '• . . . . : , . .. . . . : . . . .• . :: : c F. r_ 9- (-6crt,964.e,.) , .. . . . . , . . . . . , . . .. : „ : ... : : , r .1, • . . . - fri /.3 1 A _ sizioue i , ,, , .._ : : : •.• „ .• . : . . . . . . : . . . . , . . : . : : . .• : . . _ ., ............. . - . :' •,,,•,•-,.•-- -, , : ' : .. : : . : : . . .:- . . . . . . , - . - . . 1 '.- : i . s : : . .. . . • . .• . - . . . • - : , • , . . : . . - - .• . . . . . . . • .. . . . . . . . , . : . . .. . . . . , , . .. . . - . . , . • . . . . . . • • - . . . • . : . . - • . - - - ... . . . . - - - . . . r - _ - • , . .. . n n m TIME INFLOW STORASE HEAD OUTFLOW (MIN) (CFS) (CF) (FEET) (CFS) 0. 0 Q. 0 0. 0 0. 0 0. 0 _ 0. 0 ' 0..5 0.•2 0. 0 4. i] 0. 0 5. 8 1. 0 0. 7 5. 8 0. 0 0. 0 e2. 5 1. 5 1. 6 28. 2 0. 0 0. 0 48. 2 2. 0 2. 7 76. 4 0. 1 0. 1 79. 7 2. 5 3. 9 156. 1 0. 3 0. 2 113. 0 3..0 5. 1 269. 1 0. 4 '0. 4 142. 2 3. 5 6. 2 411. 3. 0. 6 - 0. 8. 163. 6 4, 0 7, 1 574. 9 0. 8 1. 6 182. 6 4. 5 -.,7. 7 757. 4 1. 0 1. 2 193. 3 5. 0 7. 9 950. 7 Ise 1. 4- 193. 7 5. 5 7. 7 1144. 4 1. 4 1. r 6. 0 7. 1 1327. a i.'6 1. 7 6. 5 6. 3 1488. 5 1.7 1. 8 e� 133. 2 . 7.0 5. 5 1621. 7 1.9 1. 9 107. 7 7. 5 4. 8 1729. 4 2. 0 2. 0 85. 6 8. 0 4. 3 1615. 0 2. 0 2. 0 66,. 4 6. 0 7. 1 1327. 2 1. 6 1. 7 161. 3 6. 5 6. 3 1488. 5 1. 7 1. 8- 133. 2 7.10 5. 5 1621. 7 1. 9 1. 9 107. 7 ' 7. 5 4. 8 1729. 4 .2. 0 2. 0 �.. . 85. 6 6. 0 4. 3 1815. 0 2. 0 2. 0 66. 4 w 8. 5 3. 7 1881. 4 2. 1 2. 1 49. 7 9. 0 3. 3 1931. 1 2. 1 .2. 1.. 35. 2 .. 9. 5 1966. 3 2. 2 2. 1 22. 6 10. 0 2. 5 1988. 9 2. 2 2. 1 11. 7 10. 5 2. 2 2000. 6 2. 2 2. 1 11. 0 2. 0 2002. 9 2. 2 2. 1 -5. 9 11. 5 1. 7 1997. 0 2. 2 2. 1 -12. 9 12. 0 1. 5 1984. 0 2. 2 2. 1 -19. 0 12. 5 d. 3 1965. 0 2. 2 2. 1 -24. 2 13. 0 1. 2 19401. 8 2. 1 2. 1 13. 5 1. 0 1912.2 -3i, 4 14. 0 p. 9 1879. 8 2. 1 2. 1 14. 5 0. 8 1844. 3 -38. L 13. 0 0. 7 ' 1805. 0 2. 0 2. 0 . ;ter —• 1 VICINITY MAP II �. _4 W7 . Chorus Thompson 1004 140 Act rennin/npl • 13so " V. 134 ISa9 131! 4% tii 1 �R ) . .1r , la_ A ...._N _ • _ S 87-03-4/ E ; p $07-03.4/E • 249.22 O 249.56 Re-56.!9E. \- $02-56-I9 w 8 Q . � p 20.60 `� q 0 O C;l I - .92Ac. m .7 ti : }j o 4` 270 •- • 4 12 -6:2. C� N T2 3 1 'A.9j. e. 0 ' `f 1-3 —(D. f, e a no 8 0.92 Ac. ) . .6s. ;11 • , ''' ca'3.1 Ylf 0 ..." ir • . co • K. 0.92 Ac. A-2 0 4 oa ..........." is 0.. got° Po/so 0.92 Ac. I 69. 0.N 809 _ N 85-31-20 E 38 �-- /55.27 8 A 1 20305 A , LO/2 . • A-/ 5 gb' 1 + W a �M e a 0.92 Ac. :4 [.0/ I • IA R/Vi "Pr p.of Charlie$71ompsan"36 12 •� PS 36-16 68 60, a,Nli"I A8` 63��a_34• 1420 .'n .r • S •n p 5.0.'51 �h to lees LoI 3 .r 4- 0 I a r "Prop Charlie Mimosa*" w"' a O (5-R* . -��r ti PB 42-193 (i' r ed �� r •. • /tBo! y • i.: 1. ___- . - � . • . ' ...,\,p4r, • ,`•• ._, •h , f!--7_,, \ •.. - -. 7t - )".."1"..,„P'.".; ( -. \%..... c:il-',...?, ., .■.;:: (.. --; \IP.. ''',1;1:-,-- ..c.:1'‘.:\0•" '7!..67411'0".. , ,V,,,, 1 )-ri li ' ' ' - Y"'44.- :i 4.-••i.' ..1 - • - '. ' , ,, ;.1,.. LL:;\.-"N-_._.-,... - '_.,... ,'4.70','".`'i• — ;I.M1._,',--,-. -1 - . . -•-• -,. ' '' 1111111r/1/21*.r 'La A, ' 1_ ;,:.;•-- 1 \ -m, - -. . '''d=0/.. 'NI I,...;',1-L-2,-__•:— -4-`z-1- f..,44,-,..,'' - ' .dii.---11, _,.• ••• , • --- 7•-''' .•N..e-±,, - •'//4‹,,I;iii. .-... 4.4. ,-.1-'—'' / . '' .,'.: __„ L 1--')-- t4' k .,_.;Li),.1-. 1r1.k''..,11\ 'i-k..-.' ' '_ '." - ..1. - 413.. a fl.i.i-,i.,) ,1:4-10,01.,..r.. ........„ i, ,,;i:.....,:z,..:tz.ii. .._„:61::— ,,..„_ :...„- .,,,,,....,.4. ,P"'771-?-±_,.....'-*-' , '' • -: ' -.1-... .. it-.. -; '''J• .f.'i'lls , 1-'',•.Z--:,--. . AIL iv,-:a IP"--7''''' ''il4POY-i - I '''''‘ '''`,"•--;lqii:,-,A.,) 1.-•?-- .-1141'Pr4,41/4 ,_4.1,, -: - . -.Iv. -‘1. :77f ''' ---- : rpt„:0 r, .-— /•=0. `-N ,,o,=il-1-....z.- w., m, 0 ‘ .g,„r, -:4,..21\--v,.../ iii:407...nse,( ) ,,-----.,\.t.cor,. . - • 2././ ( 1 f..--,-.44:_..---, ..! ----.., - g\-_-- .r. . , , it"... 1.,.__,,.I.;, fd,c,- , .:-, --„,,, j ,'.._ ,, •-• .. .,,,to-F,0-,, iferz:".-1.44,F".v. •'Ir t. \; ;,?-,'-*. - 'It,..ts..----2,7, ' '''. ,,,:>,_, ..t1,H,__):__\k__ _\.„,..._ ,..4.,___,,,-3`-'- ..-,11,,:.N.:77. (,),1'-,t,:::::41,5,4.--;:„...„,‘;,$) t''-., .74:;,1q14:: ,- -t.- 71--Itt- '' 'I' \'-4---- - -- i'4 - :.- , . . 1 -: '6,, , )erio 1 osirwis 'Dr_ ,1) /, ,, „ , (c_r_ : 7, ,n A• ,._,...,det—'' olt: -.7, _--41'°° rel4)14 'jilt--":61144Z-Vg'qt';■;-,F '' •' Y '''•••40..,Z,1 • ',7 - .:;,.ex'u ,,,, , . .s.6,,k, / , ..•„ .D..:.,- :, ' . 7-.."1"--/-- --.. ' ' • ,•', . '..'- --:' . /6e 1.:■•-•."-sa.,1,,,--- , Z7 Nr •-•IP-.: - ‘•-. '-•- •'• •-- ..„, .. •• ‘,--..r-----..-'47,rk ....; / .-...: ,.._\7:',.10 ,‘,..-.4".c.: 117:Vj j',7"k"::::\:,,k, ,: :..,(1 18.,:..)?41 "r. :: : - 00,11/4,. * 1 .a..,.'-.6 - _,,flit46,..i, littia ;6,0 .;' i*Ii■ \-._, ,:'' /Ls--- ,; ''', .s i....,..:.\'- •-"x;-•--.,..,.,„,,,., , ''‘ - ':'''' ., ,....,_ ,,,r/Fts.),;-,.,. , iii,....; _ „F„.. 7 0-40174h s' r-. ' '''' ibg ' . . '' '\ ''''‘‘; \--- •'`''"", sy ------ -- .__-;i,,,,,I,,, , , ,,...! , 4..#„ , - le :,,:='- ;F....To ,.,-4.t ' ,./41,!;4rev \\A--,... _j. i -,:,,,,-: - .--.--7. .--:, -?,-.*:. • 4,/-4!`7trk . . .' - y\Ai "i. , ..,e-.42,...,,,,, . 8 , , :. _ ,„:. ..,,, .,,,,.... __, ‘,,,, „ ,... ,_ -,,,V , ..... i t """ ./,'",-, . . , --",---,.._. --: , - \Aisi— : ..,-,- .-:-,l'; ; '' ''' :----:'44 -)..-,, 4 ',--4 it,-.,..,- N':-."r"!:4;;-•:- L.:-./ 4,,.1:i.i:w-;_C--71--,z';‘,;-777:.4.7,5:-..:1-., ta.... :-1.-.-Lz/-,- - „,i,, : .-!,.,..,1,- -„ ,' ,, •-F `" , '-' -7' "• ..41. ' :.. TY'•,& -1*••:. ' ii,..„ - , , • .___,.....,:-.______1, r.: il ,,,,-. ..., . A, ev,-, _t_7_„L_._../.. ., ......:.,i4i ,.. : ' ,.:,‘„, ./ _ ii:—'.- '--- 13,1jj'!:‘, .1 ' ,i"... /I :•' ,.,-.-Y-fel-./.„6; .....- Iiik. - - lr - i 1.,_ il c k ' •=-7- ---- ' .----' )) '''' .1. r , , - 1 -. .. '---- - -‘-r - 1 ......_. . ., , •,, .,_ .4.L., i , - .-t' ,' 7/---,4'._,3‘1,. ../:-.: '' r." ' ../.'"j7=2 ',' 4-r1Fr,---- . --\\ ..\-- 1/-. (`-'7.-- ----/%2°zt 0 '' '7'''. /,_jt.---'d '' - ira!,430-r '' \1 !i i v. (r.;\ 22.7/ C ''' 'T-- (919) 929-1173 or 493-2600 r- ' )C1(■ '..1 ';-‘- i.c'le--15-..jr .- -1.(. . ) '''.: &-i- t\ .-. C) );'-' WRIESESEEMEWIRIMIRMISIMMI6 - i I k ?,..-5 1 1:, ',',-:- ') ,,,,,,,pol*?'''-. ''—',c),s...•), .1,--,-,.-j.'r.!:_f--':_i 1 ..' - . ' ' • f .'''''' ' ff_..4.1.' CJi. -)) .\ ----- .1 ,''N'--,s,N',j ' . O R A N G E C O U N T Y BOARD OF COMMISSIONERS 1 3r/' ACTION AGENDA ITEM ABSTRACT Meeting Date JULY 7, 19$6 Action ends Item 4p SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENTS DEPARTMENT: PLANNING PUBLIC HEARING Yes _ X No Attachment( s) Information Contact: SUSAN SMITH SEE 5-27-86 PUBLIC HEARING AGENDA PACKET PROPOSED AMENDMENTS DRAFT 5-27-86 PUBLIC HEARING MINUTES Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider proposed text amendments to the Zoning Ordinance for approval . These proposed amendments were submitted to public hearing on May 27, 1986 . NEED: Concerns have been identified by the Board of Commissioners, Planning Board and Planning Staff concerning cluster develop- ment provisions, recreation/landscaping space ratios, mobile home skirting/screening requirements, time periods for initia- tion of construction of planned development projects, and application and pre-application review periods and require- ments. The attached amendments these concerns . Issue state- ments precede each amendment. IMPACT: The proposed ordinance amendments, if approved, would clarify and improve the administration of the Zoning Ordinance. RECOMMENDATION: The Planning Board recommends approval of the amendments with the following revisions: Article 8 Pre-Application Conference - amend line 15 to read: "The Orange County Planning Board, IQwpship Advisory Councils , The Orange County Recreation Department, . . . . " PROPOSED ORDINANCE AMENDMENTS ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 6 SECTION 6 .2 AND ARTICLE 22 ORIGIN OF AMENDMENT: X_STAFF PLANNING BD . BOCC -,_X.,�PUBLIC OTHER STAFF PRIORITY RECOMMENDATION: HIGH MIDDLE LOW COMMENT: TO ADDRESS A FUNCTIONAL GAP IN ORDINANCE EXPECTED PUBLIC HEARING DATE: MAY 27, 1986 ********************** PURPOSE OF AMENDMENT: To provide cluster subdivision standards and to define "cluster subdivision" in the Zoning Ordinance. ISSUES/ IMPACTS: Cluster provisions provide the development of the most suitable portions of a site, emphasize the protection and maintenance of environmentally critical areas and encourage innovative design solutions in exchange for reductions in minimum dimensional requirements within given zoning districts . Currently clustering of dwelling units is permitted only through the planned development process . EXISTING ORDINANCE PROVISION( S) : NONE PROPOSED AMENDMENT( S) : ATTACHED ******************* ORDINANCE REVIEW COMMITTEE: DATE 4-16-86 DATE 4-30-86 PLANNING BOARD (PRELIMINARY REVIEW) : DATE 5-19-86 BOCC (ADVERTISEMENT) : DATE 5-20-86 ( informafjQn only) DRAFT 3-21 -86 4-10-86 CLUSTER DEVELOPMENTS PROPOSED AMENDMENTS TO THE ZONING ORDINANCE ARTICLE XX DEFINITIONS ADD Cluster Development. A subdivision in which building lots are grouped together through a transfer of allowable density within the subdivided tract . Cluster development permits more efficient development by creating lots with gross land areas smaller than those required for conventional lot-by- lot develop- ment, yet maintains application of normal lot density standards to the subdivided tract as a whole by requiring that land area saved by lot size reductions be reserved as permanent open and/or recreation space. ARTICLE VI APPLICATION OF DIMENSIONAL REQUIREMENTS REVISE 6 .2 Height Lim_i±a#14l. to read : 6.2 Modification of Dimensional Requirements Except as provided in this ordinance all structures shall conform to the dimensional requirements established in Article 5 . 6 .2. 1 Height Limitations 6 .2. 1 .a . (Paragraph #2 of Section 6 .2 . 1 of current ordinance) 6 .2. 1 .b ( Section 6 .2.2 of current ordinance) 6 . 2 .2 fluster Developments Minimum lot area, lot width and setback requirements as specified in Section 4 . 1 .2 of this ordinance may be reduced for lots created as part of a cluster sudivision as provided in Section IV-B-5 Cluster Developments of the Orange County Subdivision Regulations . PROPOSED ORDINANCE AMENDMENT ORDINANCE: Zoning Ordinance REFERENCE: Article 5. 1 . 1 - Schedule For Residential Development ORIGIN OF AMENDMENT:_X_Staff Planning Board BOCC Public Other: Planning Board Chair/Planning Director STAFF PRIORITY RECOMMENDATION:_x_High Middle Low COMMENT: EXPECTED PUBLIC HEARING DATE: May 27, 1986 ******************************** PURPOSE OF AMENDMENT: To insure compatibility between recreation standards proposed for the Subdivision Regulations and those contained in Article 5 . 1 . 1 of the Zoning Ordinance. ISSUES/ IMPACTS: Section IV-I3-7-b of the Subdivision Regulations is proposed for amendment, and new standards would require the dedication of recreation and/or open space facilities or a payment in lieu . - The proposed amendment requires recreation and/or open space lands based on the application of a standard equivalent to 1/35th of an acre for each dwelling unit or lot in the proposed subdivision . A higher standard ( 1/20th) would apply for floodplains or steep slope areas. The amendment is worded such that the amount of land would be based on the standard or by application of Article 5 . 1 . 1 (Recreation Space Ratios) of the Zoning Ordinance, whichever results in the greater amount. Application of the two standards (see attached comparison) indicates that the standard in the Subdivision Regulations will consistently result in the greater amount. An amendment to Article 5 . 1 . 1 is necessary to adjust the required minimum recreation space ratios to match the Subdivision Regulations standard . In addition to consistent standards, the Recreation Space Ratios have been revised to provide a higher standard for projects with a density of five (5) units per acre or greater. This was done to establish additional land for the greater "private" recreational needs of project residents . EXISTING ORDINANCE PROVISIONS: Attached - Article 5 . 1 . 1 (Zoning Ordinance) PROPOSED AMENDMENTS: Attached - Revision to Article 5. 1 . 1 . ************************************ Existing Ordinance Provisions , 5.t.1 8111RIIIJI.19 M011 U961jeCMIAf. IjlWS1[ll@l12rt1 BUMS S AMP THD VJ1Hif.r+ H11411rAH11.Y, MISSAWNrlAf. HOTIi1.0, IPAX*IIN1I rKNIBMO Intl, H[N. IIYI' 1LL1Q. ARICA Pon Ii1H. 11196. 1111M i MAX. 81.1111. HIq. 1IRM18 fit• MIM. {r<1191J.1FNi 1+1rt VIVOW BRAN 11KICNIT I.AIID 11114'11 IMS Olt. 0 US I.I�VSAJI STY �1sAS 011 ---- ---t EST -- 1{IHfl1 84 vww S6'l'IIACIC WOOS tallvi f1AT11"a rAil f1ATit1 891AQi N►TIO flrJUCr: t1A714 girt 40.u00 150 40 20 All 1-11-1 411,11011 0,009 22 .9511 .04 1'13-2 411_00o_ - --- • 75 0 60,000 33 •79 .019 .056 .64 .75 .099 1411 441,4100 130 411 20 25 _ •-- i+l 25 60.0911 22 .0511 .04 - 1'11-2 40,01111 - _ _ •75 .019 --... 25 60,1110 22 .059 .04 .75 .illy urr 211,414141 100 ]9 15 75 let P11 I 211,110i1 - - - 25 45.000 76 .076 .02 .70 .022 111,-2 20,01311 _ _ 25 _ 4s.e09 30 .4101 .ez 1►ir- i5,11�1q 1110 ]t! 1g _72 .023 25 25 30,0011 IN .lOn .60 .65 .025 25 -10;000 11 .107 .80 .63 .036 LOT 10.111141 75 25 10 as - - '_ ----'•-- 1�4 1111-1 - - - - as 16.090 35 .141 .78 54, .030 -•--•----- _-_ 25 15,4100 36 .152 .75 :53 .OID Isrt 7,5110 511 20 lq 25 - 10 .174 .77 .52 -•- 115 25 10,000 40 . .209 76 .57 � ..936 ' as 10.000 41 .214 .76 .91 .030 Irrr 5,900 50 20 8 15 - 43 .24¢ .75 .49 .039•. 25 7.000 45 .201 .74 .40. .042 25 7,000 46 .303 .73 .46 .045 1.rr 3,1109 50 25 _ 40 . .340, .73 - .45 .049 25 5,000 SO .400 .72 .44 .053 - --i'u - _�---- - 25 ._ 5,000 51 .479 .72 .43 .055 Wt - _ _ _ 35 35 5,000 30 .po .00 AS .025 , . ._ill-2__•-r___-_ - 35 5.4100 31 .107 .80 .62 .0#6 1.111 - _ _ _ 35 - - 1C:2 1111-1 - - - . - 35 5.000 40 .200 .76 52 .016 .214 .7G .5t .034 ]5 5,000 41 - 45 - - 1''1 45 3,000 511 .4610 .77. .44 .052 . ._.._.____�.-_-- • __ 45 5,0110 51 .479 ;11:5 urt 411,1100 '---•-310 w 49 ' .._.._-70 ...,._.-- - ....._-_._ 15 5,0011 40 .2 0 ,76 .52 .036 5,4100 41 .2 4 .76 ,91 .039 Proposed Anendments ' 5.t.1 yr7r�Ix1l.s rc�u u[isllr�Irrl[►I. Rvvl�tnPlltarrl sillltuat a+tla •rrur rA11lr.Yr r1u[:rIlrnlltl.Y, ltliSlltiliNPYA1. Iln•I'tsl�, 11txIMlN[i 1tr.Nlllrsetr /a'7'Cs Nit;. ul7' Iu3Q. RLu. film. AIWA P11.11 11111. 1tF.Q. Tillrt; ; MAX. 15141[:. 14111. [iIIMS 0111311 Paw. him. PRO. IIIII. Rw Ix1t:f.r.lF1r: urr F'IUxiT IMAR 1[RICIrr I,nun llrtE:A 1il1 max. $FACIE 1.1VBA011.JTJ l(RCROATiOp (i1lrl"a rAH RATIO UPAC6 Milo SPACK 1tAT10 lira' 40,000 .150 40 20 25 All 1•I1-1 40,0011 - - - 25 00,0110 22 .OSII .114 .75 .029 411.Unn --T-- i 25 00,000 .050 .944 -- �22 .O4 X75 IA IT 411,4fou l3n 40 241 25 - - _ u 1tt V11 t 40.000 25 Oq,0011 22 .050 .04 .75 .031 rrt-2 40.000 - _ _ 25 OO,non 22 05$ 04 .75 •034 Isvp 211•npn It)()It)() 111 lg -'� 25 -- -� - - 0 -•.-.- --. U-1 vw 1 M'Ofilt - _ 25 4S.Ono 26 .0713 .07 .70 :a59 . 1'tr-2 2n,nntl UO_ - - 25 45 it .._. .-.._..___...t . . .. 20 .0 z 111 :02 .7 12Y1' _ 115 ,)fill -1110 -._ 36_�r� - _.. trI 1•I� 1 - - - - 25 30.00[1 311 .100 .RO .65 . _..1'«-2 ------._.--- --�-, _25 30,000 38 .107 .00 .62 11 y 111,w)(i �75 25 1!1 •~ 25 -.�..�A.,__._, n4 I•n-1 - - - - 25 15,000 - 35 .141 .70 .54 - jy x-------------- 25 15,000 36 152 .70 _ .93 1r+'I 7,!1!111 511 211 lq 75 - 30 .174 .77 .52 sty 1,11-1 - - •• 25 10,000 40 .200 .76 .52 .200 , I,n-2- - - 25 10,QU0 4L .214 .76 .51 203 . t trt. 5,t1g0 50 20 0 25 - 41 .246 .75 .48 .296 1u[ [•li-1 - - - - 25 2g t 1►-2 + _ _ _---�-.- 7,000 45' .203 .13 .40, �302 ; --_.....,.._....__.-..._ , -.. _.� 25 7,000 46 .303 .73 .46 • 11'1' 3.IIOf) 50 211 0 25 _ 40 .340 .73 . ._ .45 '• ��� t13 1'I►-1 - _ _ _ 25 3,0110 so .400 . ,7Z .44 X497 2 - 25 5,000 61 .425 .72 .47 �00 -- ._ 35 0,000 30 '.100 .00 .65 .077 ._t•Il 2.._.._-•__---- - 35 5.000 it .107 .00 .62 1211 _ _ �_. - --35 _ -- .08Q ,111 11c:2 1'11-) - - - - 35 5,000 40 12011 .76 42 1111 35 5,+100 41 .214 .76 .51 {•i PIi-1 - - - - 45. 5,0110 5t1 .4011 .72 .44 .200 45 3,Ot10 51 .478 .73 .43 .203 i['S firp 4!!,01111 1'!lr 411 20 25 ! .. .... 35 . 35 .5,0011 4u .2 0 .76 .52 .311 I'it 2 - - - as 5,1100 49 ,2 14 .TG .51 COMPARISON OF RECREATION' STANDARDS ZONING DISTRICT AR, R-1 R-2 R-3 R-4 R-5 R-8 R-13 MINIMUM LOT AREA PER 40,000 SF 20,000 SF 15,000 SF 10,000 SF 7,500 SF 5,000 SF 8,000 SF DWELLING UNIT REQUIRED MINIMUM -- -- -- -- 033 .039 .049 RECREATION SPACE RATIO (LOT-BY-LOT DEVELOPMENT) RSR (EXISTING) GROSS RESIDENTIAL LAND 100 AC 100 AC 100 AC 100 AC 100 AC 100 AC 100 AC AREA (G.L.A.) CONVENTIONAL LOT - REQUIRED 3.3 AC 3.9 AC 4.4 AC- MINIMUM RECREATION SPACE (RSP x GLA - LUI) REQUIRED MINIMUM RECREATION .019 .022 .025 .030 .036 .042 .052 SPACE RATIO (PLANNED DEVELOPMENT) _ RSR (EXISTING) ' PLANNED DEVELOPMENT - 1 .9 AC 2.2 AC 2.5 AC . 3.0 AC 3.6 AC 4.2 AC 5;2 -AC REQUIRED MINIMUM RECREATION SPACE (RSR x GLA - LUI MAXIMUM NO. OF LOTS IN 92 185 246 370 493 746 1 ,234 SUBDIVISION 1135th STANDARD (.03 AC) 2.76 5.53 7.38 11 .10 14.79 22.20 X7.02 PROPOSED 1128th STANDARD (.04 AC) NA NA NA NA 19.72 29,60 49.36 PROPOSED ADJUSTED MINIMUM RECREATION p2$ A56 .074 .111 0197 .296 .494 SPACE RATION (PLANNED DEVELOPMENT) RSR - BASED ON 1/35th STANDARD THROUGH R-4 AND 1/28th STANDARD R-5 AND ABOVE DIFFERENCE (PRIVATE 1. NA NA NA 4.93 7.4 12.34 r� RECREATION REQUIRED) 124 PROPOSED ORDINANCE AMENDMENTS ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 7 SECTION 7.2 . 8 TIME LIMIT ON START OF CONSTRUCTION FOR PLANNED DEVELOPMENTS ORIGIN OF AMENDMENT:__X_STAFF_._X_P LANN I NG ED.___X_,_,BOCC PUBLIC OTHER STAFF PRIORITY RETDATION:_XJHIGH MIDDLE. LOW COMMENT: DIRECTIVE FROM BOARDS TO PREPARE AMENDMENT EXPECTED PUBLIC HEARING DATE: MAY 27, 1986 ********************** PURPOSE OF AMENDMENT: To extend the timeframe for initiation of construction activity following approval of a planned development rezoning. ISSUES/IMPACTS: The current six month provision is inadequate for the preparation of and receipt of detailed plans , easement and legal document and their approvals . Applicants are routinely forced to request extensions . EXISTING ORDINANCE PROVISION(S) : 7.2 . 8 Time jmit_QII_„_Start__.o imattuction of, Planned Dualsamlni Construction must start and proceed at a reasonable rate within six months of the approval of the permit . If no construction has started the permit becomes null and of no effect . The owner can request a six month extension from the Board of County Commissioners if the request is received before the permit expires. PROPOSED AMENDMENT(S) : 7.2 . 8 Time Limit on_ _ Star t Q1 CQuir ue ign_21. p1anOed pgiQlooment Construction of the planned development must start and proceed at a reasonable rate within twelve (12 ) months of the approval of the permit . If no construction has started within the staled time frig the permit becomes null and of no effect . The owner can request onig one (11 six month extension from the Board of County Commissioners upon___the__fp,votabl_e =commendation of_ he Planning BQ$tg if the request is received before the permit expires . Thn._$pplieant m ubmiip ten Qa iga r extensitn ine1udin�_ a statepagn� of iu$t i f i ion Support ingr..the_requelta ******************* ORDINANCE REVIEW COMMITTEE: DATE 4-i6zh¢ PLANNING BOARD (PRELIMINARY REVIEW) DATE 4-21-$a BOCC (ADVERTISEMENT) : DATE 5 20-$n ( information,Qn • 12c PROPOSED ORDINANCE AMENDMENTS ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 8 SECTIONS 8.4.2 AND 8.4.6 ORIGIN OF AMENDMENT: X_STAFF_X PLANNING BD . BOCC PUBLIC OTHER STAFF PRIORITY RECOMMENDATION:_X HIGH MIDDLE LOW COMMENT: TO PROVIDE FOR ADDITIONAL REVIEW TIME FOR SPECIAL USE PERMIT APPLICATIONS EXPECTED PUBLIC HEARING DATE: MAY 27, 1986 ********************** PURPOSE OF AMENDMENT: To provide for additional time for the Planning Staff and Planning Board to review special use permit applications . ISSUES/ IMPACTS: Additional time for review of special use permit applications by the Planning Staff and Planning Board would provide for more comprehensive and unhurried review of a development application . It would increase the maximum length of time for review of applications by advisory agencies before decision by the Board of Commissioners. EXISTING ORDINANCE PROVISION( S) : Section 8.4.2 Zoning Officer Prepares Analysis pop Recommendations The Zoning Officer shall within thirty days of the receipt of the application by the Zoning Officer, cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by, in the case of a Class A Special Uses, the Planning Board and the Board of County Commissioners and, in the case of Class B Special Uses, the Board of Adjustment. The thirty day period may be extended with the written consent of the applicant up to a maximum of sixty days. Section 8.4.5 Plwnning Board Action on C1ess A Special Uses 12'/ The Planning Board, within thirty (30) days of the meeting at which the Zoning Officer 's recommendation is submitted, shall prepare and submit for the Board of County Commissioners a recommendation concerning the disposition of the application . Failure of the Planning Board to submit a recommendation within the required time shall be considered a favorable recommendation, without conditions. PROPOSED AMENDMENT(S) : Section 8.4.2 Zoning Officer Prepares, Analysis and Recommendations Within forty five (45) days of the receipt of the application, the Zoning Officer shall cause an analysis to be made of the application by qualified representatives of the County and „ugh other agencies or. offig1 Js as appear appropriate in the circumstangss of the case to determine conformity with the Comprehensive Plan., zoning, subdivision, soil ero'Jgn and sedimentation, and heajfb Lsgulations, and, based upon that analysis . . . . The forty five (45) day period may be extended, with the written consent of the applicant, up to a maximum of sixty days. Section 8.4.5 planning Board Action on Class A Specisl Uses The Planning Board, within sixty (6Q1 days of the meeting . . . . ******************* ORDINANCE REVIEW COMMITTEE: DATE 4-16-86 PLANNING BOARD (PRELIMINARY REVIEW) : DATE 5--19-86 BOCC (ADVERTISEMENT) : DATE 5-20-86 ( information only) 12e- PROPOSED ORDINANCE AMENDMENTS ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 8 (NEW SECTION) ORIGIN OF AMENDMENT:`X STAFF X PLANNING BD. BOCC PUBLIC OTHER STAFF PRIORITY RECOMMENDATION: X HIGH MIDDLE LOW COMMENT: TO ADDRESS AN ADMINISTRATIVE GAP IN THE ORDINANCE EXPECTED PUBLIC HEARING DATE: MAY 27, 1986 ***•******************* PURPOSE OF AMENDMENT: To require a pre-application conference for special use permit applications. ISSUES/ IMPACTS: A pre-application conference would allow staff and advisory agencies to review and comment on special use permit applications prior to the expenditure of considerable amounts of time, financial resources and design efforts in a proposed development. EXISTING ORDINANCE PROVISION( S) : NONE PROPOSED AMENDMENT( S) : Pre-Application Conference The applicant must request a pre- application meeting with the Orange County Planning Department to discuss the proposed development. A sketch plan illustrating the location, size and major design elements of the development of the site must be submitted five (S ) working days prior to the pre-application meeting. The Planning Department may request that representatives of other public agencies be present at the pre- application meeting. These agencies shall include, but not be limited to, the Orange County Planning Board, the Orange County Recreation Department, the Orange County Health Department, the municipalities of Chapel Hill , Carrboro, Hillsborough and Durham, the North Carolina Department of Transportation and OWASA. A. w ******************* ORDINANCE REVIEW COMMITTEE: DATE 4-30-86 PLANNING BOARD (PRELIMINARY REVIEW) : DATE 5-19-86 BOCC (ADVERTISEMENT) : DATE 5-29-$fi ( information only). • 13i: DRAFT 5-27-86 PUBL I_C HEARING MINUTES AGENDA ITEM C 2. Z-6-86 JAMES M. AND MYRA K I RKMAN The staff presentation w45 made by Smith. The purpose of this agenda item is to receive public comment on a proposed rezoning request submitted by James and Myra Kirkman . James and Myra Kirkman are requesting a rezoning for 1 . 18 acres of land located on a state maintained unpaved access road leading to U.S. 70 at the southwest corner of the intersection of U.S. 70 and interstate 85 in Eno Township . The property is known as Lot 77B of T ,x ,lap 25 for Eno Township . The parcel contains 1 . 18 acres or 51 ,400.8 square feet. • The property is located within an area designated Twenty Year Transition and Commercial- Industrial . Transition Activity Mode in the Orange County Land Use Plan . The present zoning classification of the property is Rural Residential (R-- 1 ) . The application is requesting the lot be rezoned to General Commercial- IV (GC-4) . Approval of the request " would allow development of the full range of commercial uses at this location . Rezoning of the property would allow for the expansion of the commercial uses in the area as a single commercial development or, alternatively, through the subdivision of the property into individual lots for commercial development dependent on the provision of public water and sewer services. See Impacts Statement for further information . The Planning Staff recommends approval of the general rezoning. Commissioner Willhoit inquired about the annexation policy of the City of Durham. Smith responded that the City has no active annexation plans in the area. She added that the City does not require annexation for the extenson of public water and sewer service. Smith noted that an existing well and septic system serves the property. Planning Board member Kramer inquired about annexation proposals in the Durham 2005 Plan . Smith responded that no firm annexation proposals had been proposed by the City of Durham. Kramer noted that the Town Council had adopted the Plan . Planning Board member Bes'i inquired how this request differed from the N.C. 751 rezoning case. Smith responded that this site utilizes an access road which funnels traffic i the area to one point on U.S. 70, rather than resulting in individual drives and points of conflict. Best inquired about the applicant 's statements of justification . James Kirkman responded that they had reviewed as much information as they could in making the statements* including the Hillsborough 701 Plan. He noted that land adjacent to !Its property has been purchased, cleared, and has IMMEM• been submitted for commercial rezoning. • Best inquired if the site is vacant. Smith responded that there is an existing house. Best inquired about the statement on page 20 of the agenda. Myra Kirkman responded that the Land Use Plan designates the area as Eno-2 activity mode and states that commercial development of the area is appropriate. Planning Board member Pilkey inquired about adjacent land uses. Kirkman reponded that the adjoining property has been purchased by the equipment company which currently leases property down the road. Smith informed the Board that the adjoining site has been cited for an MTC violation . Commissioner Carey inquired about the sixty-foot accessway. Kirkman responded that it runs to the adjoining property and is in use. Commissioner Marshall asked if the Kirkman 's occupied the residence. Kirkman responded, "Yes," adding that it is an undesirable home site given the changes in the adjoining property. • AGENDA ITEM 4 The purpose of this agenda item is to receive public comment on pro osed text amendments to the Subdivision regulations. P Concerns have been identified by the Board of Commissioners, Plannin Board and Planning Staff concerning cluster development Planning standards and landscaping and buffer provisions. Trevisiach, amendments address these concerns. Issue statements precede each eamendment. amendments The proposed ordinance amendments, if approved, the administration of the Subdivision Rega would clarify and improve The Planning Staff recommends approval of the amendments . AGENDA ITEM 4a SECTION IV SUB-SECTION IV-B-5 LOT LAYOUT (CLUSTER DEVELOP- MENTS) The staff presentation was made by Smith. There was no discussion on this item. AGENDA ITEM 4b SECTION II DEFINITIONS (CLUSTER DEVELOPMENTS) The staff presentation was made by Smith . There was no discussion on this item. AGENDA ITEM 5 ZONING ORDINANCE AMENDMENTS The purpose of this agenda item is to receive public comment on ro s text amendments to the Zoning Ordinance. P pa ed Concerns have been identified by the Board of Commissioners, Planning Board and Planning Staff concerning cluster development provisions, recreation/- landscaping space ratios, mobile home skirting/screening requirements, time periods for initiation of construction of Planned Development projects, application and pre-application review periods, and the consolidation of Special Use and Planned Development provisions. The attached amendments address these concerns. Issue statements precede each amendment. The proposed ordiniance amendments, if approved, would clarify and improve the administration of the Zoning Ordinance. The Planning Staff recommends approval of the amendments. AGENDA ITEM 5a ARTICLE 6 SECTION 6.2 (CLUSTER DEVELOPMENT) The staff presentation was made by Smith . There was no discussion on this item. AGENDA ITEM 5b ARTICLE 22 DEFINITIONS (CLUSTER DEVELOPMENT) The staff presentation was made by Smith. There was no discussion on this item. AGENDA ITEM 5c ARTICLE 5 SECTION 5 . 1 .2 (MINIMUM RESIDENTIAL SPACE STAN- DARDS ) The staff presentation was made by Collins. He noted that the objectives of this amendment are to increase recreation space ratios and to establish higher recreation space requirements for densities of R-5 and greater, the difference to be provided in private recreation facilities. AGENDA ITEM 5d ARTICLE 5 SECTION 5. 1 .2 (MINIMUM NON-RESIDENTIAL LANDSCAPING STANDARDS) (ERROR - NO PUBLIC HEARING ON. THIS ITEM) AGENDA ITEM 5e ARTICLE 7 SECTION 7.2.8 ( INITIATION OF PLANNED DEVELOPMENT REZONING CONSTRUCTION ACTIVITY) The staff presentation was made by Smith . There was no discussion on this item. Commissioner Walker left at 11 : 00 p.m. AGENDA ITEM 5f ARTICLE 6 SECTION 6 .21 .2 ( INDIVIDUAL MOBILE HOMES - SCREEN- ING/SKIRTING) The staff presentation was made by Smith. Carey inquired if provisions regarding the crawl space also apply to the unenclosed areas. Smith responded that the cleaning out of natural debris wuld apply. 13‘! Arnie Katz indicated that he resented the enforcement of aesthetic stan- dards on mobile homes. Roger Dale Stephens questioned the timing for inspection of mobile homes for compliance with the screening standard, noting that the mobile home needs to settle when placed on a site. Screening would have to be instal- led when the home settles. Commissioner Lloyd inquired who long it takes a mobile home to settle. Stephens responded that it takes sixty to ninety days. Underpinning before' the home settles is useless and may result in damaged underpinning. Collins noted that a temporary certificate (ninety day option) could be issued. If the screening were not inst.:tiled, the power could be turned off . Stephens responded that that w uld solve the project but would increase the burden on the inspectors. AGENDA ITEM 5g ARTICLE 22 DEFINITIONS (SKIRTING) The staff presentation was ' made by Smith . There was no discussion on this item. AGENDA ITEM 5h ARTICLE 8 SECTION 8. 4 .2 and 8.4.6 (SPECIAL USE PERMIT APPLICATION REVIEW PERIODS) The staff presentation was made by Smith . Commissioner Marshall inquired why additional time was needed, noting that this added to the overall project tiniu, Smith responded that the additional -F ? ' was needed to assure adequate time for review of projects by the Board and staff . She noted that both the Board and staff process projects in timely manner, but on occasion additional review time is required needs to be provided for in the ordinance. AGENDA ITEM 51 ARTICLE 8 SECTION 8.4 ( RE--APPLICATION MEETING FOR SPECIAL USE PERMIT APPLICATIONS) - The staff presentation was made by Sm " - I, , Planning Board member Jacobs indicatc,c that the need for this step was brought to light in the review and app-oval process for Scotswood . AGENDA ITEM 5j ARTICLE 7 and 8 (CONSOLIDATION OF PROVISIONS) Jacobs distributed the letter received from Alice Gordon and dated May 27, 1986 . He requested that the item be removed from the agenda for further review. The meeting adjourned at 11 : 30 p .m. O R A N G E C O U N T Y BOARD OF COMMISSIONERS i ACTION AGENDA ITEM ABSTRACT Meeting Date July 7, 1986 Action�@lnda SUBJECT: PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENTS Item V DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact: SUSAN SMITH SEE 2-24-86 AND 5-27-86 PUBLIC HEARING AGENDA PACKETS PROPOSED AMENDMENTS DRAFT 2-24-86 AND 5-27-86 PUBLIC HEARING MINUTES Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider proposed text amendments to the Subdivision Regula- tions for approval . These proposed amendments were submitted to public hearing on February 24, 1986 and May 27, 1986 . NEED: Concerns have been identified by the Board of Commissioners, Planning Board and Planning Staff concerning homeowners / asso- ciations, school sites reservation, cluster development pro- visions, recreation standards, and landscaping and buffer provisions . The attached amendments address these concerns . Issue statements precede each amendment . IMPACT: The proposed ordinance amendments, if approved, would clarify and improve the administration of the Subdivision Regulations . RECOMMENDATION: The Planning Board recommends approval of the amendments with the following revisions: ( 1 ) SECTION V IMPROVEMENTS (Homeowners ! Associations) - amend line 7 of paragraph 2 to read "restrictions, articles of incorporation, where required, and/or by- 13%: laws as approved . . ." - amend line 1 of the final paragraph to read "wbere Articles of Incorporation are requires', they shall be submitted on the form . . ." (2) SECTION IV-B-5 CLUSTER DEVELOPMENTS Sub-section IV-B-5-1D amend line 1 of ( a) to read "The tract is a minimum of 400, 000 square feet for the AR district, , . ." - amend line 3 of (e) to read " . . . area as a result of the cluster formal development and/or . . . " Sub--section IV-B--5-e - amend line 3 to read " . . . under standard regulations and shall conform to the following criteria . " amend lines 3 and 4 of (g) to read " . . . slopes slo not otherwise adversely affect the design of the development. " Sub-section IV-B-5-f ` amend line 1 of ( b ) to read "A precise description of the extent to which the . . ." (3) SECTION IV-B-8 LANDSCAPING AND BUFFER REQUIREMENTS Sub-section IV-B-8-b ` amend line 2 to read "On any land for which application for subdivision approval has been made after the effective date of these provisions, no person, firm or corporation shall remove , , ." Sub-section IV-B-8-b-1 - amend line 4 to read " . . . one ( 1 ) foot or greater as measured 4,0 feet Above around level shall not be cut, damaged or . . . " Sub-section IV-B-8-b-2 amend line 4 of paragraph 2 to read " . . . buffer areas, the Planning Director shall determine . . ." amend line 8 of paragraph 2 to read " . . . Plannin Director may approve the planting . . ." 9 ` add sub-section ( f) Necessit to remove trees in order to survey existing and/ or proposed property lines and easements. Sub-section IV-B-8-b-3 13t amend line 4 of the final paragraph to read: "Except for sidewalks and clirb and gutter, no paving with concrete, asphalt or other impervious material . . ." Sub-section IV-B-8-C-1 amend line 3 to read " . . . at least one ( 1 ) tree for every (35) feet of frontage . . ." - amend line 6 to read " . . . ( 1 ) tree for every one- thousand ( 1000) square feet of land area . . ." Sub-section IV-B-8-C-2 - move sub-section to end of text and label as "recommended standards" . amend the final paragraph to read: "The owDer of the property shall be responsible . . ." Table 6 .6 .4.3 Schedule of Required Buffers amend sub-title to read "Adjacent Un4eyelopefl Vacant Land Zoning" amend provisions for arterial and collector streets under Office Institutional , Community Commercial and Existing Industrial from NA to B . . PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENT SECTION IV—B-7 SITES FOR PUBLIC USE SECTION V IMPROVEMENTS ISSUE: Section IV—B-7—b of the Subdivision Regulations contains no requirements regarding dedications and/or reservations of park and recreation areas other than the Planning Board shall approve such sites as to Location ; size and suitability . Sites can only be required through the Land Use Intensity System (Recreatio'n Space Ratio) contained in Articles 5 and 6 of the Zoning Ordinance . The provisions only appLy in R-5 , R-8 and R-13 zoning districts , Leaving R-1 , R-2, R-3 and R-4 districts with no requirements for recreation area . The addition of recreation space requirements for all districts as well as standards for their development would insure adequate sites to serve all residents of the County . Provisions for payment—in—lieu of dedication would also allow developers an alternative to dedication of sites . The provisions of Section IV—B-7-a (School Sites) indicate that such sites may be served in accordance with G .S . 153A--331 . Rather than referring an applicant to a statute , the provisions should be Listed in the Subdivision Regulations for clarity . EXISTING ORDINANCE: SECTION IV-8-7 SITES FOR PUBLIC USE [Attached) SECTION V IMPROVEMENTS (Attached)' PROPOSED ORDINANCE AMENDMENT : SECTION IV—B-7 SITES FOR PUBLIC USE (Attached) The proposed amendments would delete the existing provisions in their entirety and substitute the new provisions . SECTION V IMPROVEMENTS (Attached ) The proposed amendment would add a new paragraph to Section V which contains provisions for maintenance and responsibility of "private" facilities by homeowners ' association . ATTACHMENTS : National Recreaticn and Parks Association Standards Comparison — Application of NRPA and LUI Standards • EXISTING ORDINANCE PROVISIONS • ID - B - 7. SITES FOR PUBLIC USE, ITT m B - 7 - a. School Sites IV -- B - 7 - a - 1. Proposed dedications for School sites shall be approved as to location, size and suitability by the appropriate School Board. IV - B .. 7 - a -- 2. School sites may be reserved in accord- ance with N. C. G. S. 153A-331. Whenever a -subdivision which includes part or all of ' a school site to be reserved in accordance with N. C. G. S. 153A-331 is submitted for approval, the Planning Board shall immediately notify the appropriate board of education. The board of education shall promptly decide • if it wishes the site to be reserved and shall notify the Planning Board of its de-- cision. If the board of education does not wish the site to be reserved, no site may be reserved. If the board of education does wish the site to be . reserved, the sub- division may not be approved without the reservation. The board of education must acquire the site within 18 months after the • data the site is reserved, either by purchase or by excercise of the power of eminent domain. If the board of education has not purchased the site or begun proceedings to condemn the site within the 18 months , the subdivider may treat the land as freed of the reserva- tion. IV -� B - 7 - b. Proposed dedications for parks , playgrounds , and open spaces for public use shall be approved as to location, size and suitability by the Planning Board. The approval of a Final Plat with an approved dedication shall not be deemed to constitute an acceptance as provided in Section III Subsection E-2 herein. • � 31 _1 r 3 PROPOSED AMENDMENTS TO ORANGE COUNTY SUBDIVISION REGULATIONS IV-B-7. SITES FOR PUBLIC USE IV-B-7-a aahQ2I_E1.1`gl IV-B-7-a-1 . Agp1igabili .X In every subdivision, school sites may be reserved in accordance with the adopted Land_Uaa_P1an for Orange County. For authorization to reserve school sites to be effective , the Board of Commissioners , prior to the adoption of the LanA_ 1E1 Plan or any amendment thereto, shall have jointly determined with the Board of Education having jurisdiction over the area, the specific location, size and suitability of each school site to be reserved. All sites so designated shall appear in the Lalla_UIR Plan. IV-B-7-a-2. M1hQh.-Ql_allaLYat i on Whenever a subdivision which includes part or all of a school site to be reserved is submitted for approval , the Planning Board and the Board of Commissioners shall immediately notify the Board of Education having jurisdiction over the area. The Board of Education shall promptly decide whether it wishes the site to be reserved and shall notify the Planning Board and Board of Commissioners of its decision. If the Board of Education does not wish the site to be reserved, no site may be reserved. If the Board of Education does wish the site to be reserved, the subdivision may not be approved without the reservation and without the school site being designated on the subdivision plat as such. The Board of Education must acquire the school site either by purchase or by exercise of the power of eminent domain within eighteen (18) months after the date the site is reserved. If the Board of Education has not purchased the site or begun proceedings to condemn the site within the eighteen (18) months , the subdivider may treat the land as freed of the reservation. EXISTING ORDINANCE PROVISIONS • 14L - SECTION V. IMPROVEMENTS • Before a Final Plat of a- subdivision shall be approved, improvements shall be provided as follows, or a security bond, or cash, or a satisfactory, irrevocable letter of credit by an i approved institution and as approved by the Orange • County Attorney shall be posted with Orange County by the subdivider to provide for the com- . pletion of the required improvements. ✓ - A. STREETS _ ✓ - A - 1. Grading and Paving -- Street rights-of-- way shall be graded in accordance with the - lines and grades shown on the approved Pre- liminary Plan and in accordance with the requirements of this ordinance and the Department of Transportation. • ✓ -- A - 2. Proposed Improvements - improvements, . proposed by the subdivider, or required by this ordinance, such 'as street pavement, curb - - and gutter and sidewalk, shall be construc- ted in accordance with the standards and requirements as provided. in this ordinance provided that where said improvements are to be constructed subsequent to the approval of the Final Plat, plans and specifications for said improvements shall be approved by the appropriate agency and reference to said improvements shall be made a part of the Final Plat as provided in Section III, Sub- section E - 5 - d herein. • 33 PROPOSED AMENDMENTS TO ORANGE COUNTY 14 SUBDIVISION REGULATIONS SECTION V . IMPROVEMENTS Before a Final Plat of a subdivision shall be approved , improvements shall be provided as follows , or a security bond , or cash , or a satisfactory , irrevocable Letter of credit by an approved institution and as approved by the Orange County Attorney shall be posted with Orange County by the subdivider to provide for the completion of the required improvements . Where a neighborhood or homeowners ' association or similar Legal entity is to be responsible for the maintenance and control of any improvements required as part of subdivision approval , the subdivider shall file with the Planning Department and record with the final plat , a declaration of covenants and restrictions , articles of incorporation and by--laws as approved by the County Attorney that will govern the maintenance and control of such improvements . Provisions shall include but not be Limited to the following : • (a) The association shall be established before any homes are sold and any building occupied ; [b ] Membership shall be mandatory for each home buyer and all successive buyers ; (c ) The association shall be responsible for the Liability insurance , local taxes and maintenance of recreation and other facilities , including streets and utility lines ; [ d] The homeowners must pay their pro rata share of the costs , and any sums Levied by the association that remain unpaid shall become a lien on the individual homeowner ' s property which shall be subordinate only to tax and mortgage Liens ; ( e) If all or any portion of the property held by the association is being disposed of, or if the association is dissolved , adequate recreation space shall be deeded to Orange County or the appropriate unit of local government to satisfy the requirements for public recreation space under Section IV--B-7--b of this Ordinance ; [ f) The owner of each dwelling unit or Lot shall have voting rights in the association ; and 144 (g) The homeowners ' association shalt be able to adjust any assessments to meet changed needs . Articles of incorporation shall be submitted in the form in which they will be filed with the North Carolina Secretary of State and , upon filing , a copy of the articles of incorporation shall be provided to the Planning Department . _Mt PROPOSED ORDINANCE AMENDMENTS ORDINANCE : SUBDIVISION REGULATIONS REFERENCE: SECTION IV-B-5 AND SECTION II ORIGIN OF AMENDMENT: X_STAFF PLANNING BD . BOCC �X_PUBLIC OTHER STAFF PRIORITY RECOMMENDATION: HIGH MIDDLE LOW COMMENT: TO ADDRESS A FUNCTIONAL GAP IN ORDINANCE EXPECTED PUBLIC HEARING DATE: MAY 27, 1986 ********************** PURPOSE OF AMENDMENT: To provide cluster subdivision standards and to define "cluster subdivision" in the Subdivision Regulations . ISSUES/ IMPACTS: Cluster provisions provide the development of the most suitable portions of a site, emphasize the protection and maintenance of environmentally critical areas and encourage innovative design solutions in exchange for reductions in minimum dimensional requirements within given zoning districts . Currently clustering of dwelling units is permitted only through the planned development process . EXISTING ORDINANCE PROVISION(S) : NONE PROPOSED AMENDMENT( S) : ATTACHED ******************* ORDINANCE REVIEW COMMITTEE : DATE 4-16-”. DATE 4-30-86 PLANNING BOARD (PRELIMINARY REVIEW) : DATE 5-19-86 BOCC (ADVERTISEMENT) : DATE 5-20-86 gnat IQ,n_Anlyi DRAFT 3-18-86 3-21-86 4-23-86 4-25-86 5-20-86 CLUSTER DEVELQPMENT$$. PROPOSED AMENDMENTS TO THE SUBDIVISION REGULATIONS SECTION 22 Definitions Cluster Development, A subdivision in which building lots are grouped together through a transfer of allowable density within the subdivided tract. Cluster development permits more efficient development by creating lots with gross land areas smaller than those required for conventional lot-by- lot development, yet maintains application of normal lot density standards to the subdivided tract as a whole by requiring that land area saved by lot size reductions be reserved as permanent open and/or recreation space. SECTION IV-B-5 Cluster Developments IV-B-S-a Intent Cluster developments, as defined in Article 22, allow for greater design flexibility and originality, permit the reasonable use of land with difficult physical conditions (topography, floodplain, unique natural areas, etc. ) respect the physical qualities of the land, reduce the overall development and public costs and, preserve open space to serve recreational , scenic and public service purposes. Cluster developments permit the modification and variation of lot and yard requirements provided that the sum of reductions in lot area becomes common open and for recreation space for the benefit of all residents of the cluster development or for dedication to public use. Development under this provision is optional . IV-B-5-1) Application Criteria Cluster developments may be approved for any residential district upon the following findings: a) The tract is a minimum of 40,000 square feet for the AR district, 200,000 square feet for the R-1 districts and 80,000 square feet for all other districts. b) Approved water supply and wastewater treatment systems are available and each lot is served by separate water supply and sewerage connections. i 4 . c) The total number of lots proposed for the tract, excluding parcels of reserved recreation/open space, is not greater than the number determined by dividing the gross land area, excluding public road rights-of-way, by the minimum lot size requirements for the zoning district established in the Orange County Zoning Ordinance. d) The recreation/open space reserved within the tract conforms with the recreation and open space standards established in Section IV-B-7-b . e) The minimum amount of land reserved as recreation/open space shall be the sum of all reductions in minimum lot area as a result of the cluster form of development or the minimum recreation/open space required in Section IV-B-7-b, whichever is greater. f) Cluster open space shall not include areas devoted to public or private vehicular streets. IV-B-5-c Reductions In Lot And Setback Requirements For lots created as part of a cluster development minimum lot area, lot width and setback requirements specified in Section 4. 1 .2 may be reduced as follows: a. Minimum lot area requirements may be reduced by fifty percent (50%) but shall be no smaller than 5000 square feet. b. Minimum lot width requirements may be reduced by twenty percent (20%) , but shall be no less than fifty (50) feet. c. Minimum front setback requirements may be reduced by twenty-five percent (25%) except where the front lot line forms an exterior boundary of the cluster development. d. Minimum rear and side setback requirements may be reduced to ten ( 10) feet except where the rear or side lot line forms an exterior boundary of the cluster development. IV-B-S-d Ownership of and Conveyance of Cluster Recreation/Open Space a. Cluster recreation/open space shall be dedicated public unless the Board of Commissioners finds that the size, location, type or development or cost of development or maintenance of such space or the availability of public open/recreation space would make public use undesirable or unnecessary. b. The applicant may request that the cluster recreation/open space be designated for private use. 14c c. If cluster open/recreation space is not dedicated for public use, it shall be subject to approved legal arrangements sufficient to assure its maintenance and preservation for the intended purpose as provided in Section V IMPROVEMENTS. IV-B-5-e Approval of Preliminary Plan An approved preliminary subdivision plan shall provide for a total environment better than that which could be achieved under standard regulations and shall be reviewed according to the following criteria. (a) Individual lots, buildings and streets shall be designed and situated to minimize alteration of the natural site features to be preserved ( b) The usability of cluster open/recreation space shall be determined by the size, shape, topographic and location requirements specified in Section iV-B-7-b. (c) Cluster open space shall include irreplaceable natural features such as, but not limited to, streams, significant stands of trees, individual trees of significant size and/or species, uncommon plant communities, wildlife habitats and rock outcroppings. (d) Cluster recreation space shall be easily accessible to pedestrians, including the handicapped. (e) The suitability of cluster open space intended for scenic value shall be determined by its visibility from adjoining properties and streets and shall seek to lessen the area devoted to motor vehicle access. ( f) Diversity and originality in lot layout shall be encouraged to achieve the best possible relationship between the land and the development (g) Up to one-fourth of the land with slopes greater than fifteen percent may be removed or altered only when such slopes are small and isolated and otherwise do not adversely affect their design of the development. ( h) At least twenty percent of the gross land area is designated as common open space. IV-B-5-f Application Requirements In addition to the information specified in Section III-D for Preliminary Plans, applications must be accompanied by: a. Applications shall be identified as Cluster Development Subdivision - Preliminary Plan b. A detailed description of the extent to which the proposed modifications depart from the standard requir ements of the applicable zoning district and the reasons for such departures. c. The location, type and area of the common open space and the adequacy of the amount and function of the open space in terms of densities and dwelling types proposed. d. Written site analysis accompanied by an illustrative site map, which identifies the following: 1 . slopes 7 1/2 - 15% 2. slopes 15% and greater 3. vegetation 4. significant stands of trees 5 . significant examples of a particular species of tree occuring in a native stand and specimen trees (those which have departed - in some respect from the standard characteristics of the species and developed a character of shape, size or branch structure that gives them a special interest 6. drainage and waterways 7 . floodplains 8. significant rock outcroppings 9. significant scenic vistas 10. soils with limitation for on-site wastewater systems and building development e. The manner in which the plan makes adequate provision for water and wastewater treatment. f . the relationship of the plan to the physical environment, the neighborhood in which it is proposed to be established and the intent of the provisions providing for the establishment of a cluster subdivision . PROPOSED ORDINANCE AMENDMENT 14 e ORDINANCE: Subdivision Regulations REFERENCE: Article IV-B-7-b Recreation Areas ORIGIN OF AMENDMENT:_X_Staff Planning Board BOCC Public Other: Planning Board Chair/Planning Director STAFF PRIORITY RECOMMENDATION:_x^High Middle Low COMMENT EXPECTED PUBLIC HEARING DATE: May 27 , 1986 ******************************** of public PURPOSE OF AMENDMENT: To armentein for lieu bydinewiosubdivision recreation lands and/ p Y developments. IMPACTS/ ISSUES: Section IV-B-7-b of the Subdivision Regulations contains no provisions which would require theatdedicationcof public recreation and/or open space lands. be required under Article 5 . 1 . 1 of the Zoning Ordinance but only in high density ( five units per acre or greater) projects. proposed ordinance amendment would require the dedication of such lands if park and/or open space areas are designated for the a property on the Land Use Plan. The amendment would Prequireia payment in lieu if no such designations were shown . ned lieu would be determined Such by the fair wouldmarket bevaearmarkedcforaithe from tax records. payments acquisition and/or development of recreation areas. EXISTING ORDINANCE PROVISIONS: None PROPOSED AMENDMENTS: Attached ************************************ ORDINANCE REVIEW SUBCOMMITTEE: PLANNING BOARD REVIEW: BOCC REVIEW: 1 A �, MEMORANDUM TO: ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD FROM: MARVIN COLLI PLANNING DIRECTOR DATE: MAY 23, 1986 SUBJECT: RECREATION STANDARDS - SUBDIVISION REGULATIONS - ZONING ORDINANCE After meetings with representatives from other jurisdictions and the Triangle J Land Conservancy, the Recreation Director and I identified changes to the proposed recreation standards. These changes are listed below. The Board of Commissioners scheduled a public hearing on the revisions for May 27 at which time the proposed amendments will be presented for public comment. 1 . IV-8-7-b-1 APD LJcab i t ity This section has been revised to delete references such as "provide for" to indicate clearly that mandatory dedication or payment- in- lieu is required. A notation has also been included to denote that lands (or funds) received will be for "public" recreation purposes. A paragraph has been added to this section which "exempts" minor subdivisions (4 or less lots) from the dedication requirements. However, as soon as a property owner has subdivided land to the point that the subdivision moves from a "minor" to a "major" category, the applicant will be required to make payment- in- lieu on all lots created under "minor" approval procedures. Such a provision provides relief for families wanting to create a limited number of lots for relatives but insures that, at some point, all new lots will contribute toward meeting recreational needs. 2. IV-B-7-b-2 DJmensipnal Requirements The formula contained i n the o r i g i n a l draft (SF = N x P x R) has been discarded and the following standards substituted: "At least one thirty-fifth ( 1/35) of an acre shall be dedicated for each dwelling unit planned or provided for in the subdivision plan, except when land located in the flood plain of a stream or river as indicated by the flood plain maps of the Federal Insurance Administration and/or is characterized by steep slopes ( 15% or greater) , then at least one twentieth ( 1/20) of an acre of such land shall be dedicated for each dwelling unit." 1 5t The "1/35th" standard results in approximately the same acreage requirement as derived by the formula. The "1/35th" standard offers an advantage, however, in that it would result in the same amount of land dedication over time. Use of the formula would result in decreasing amounts of land as the population/household decreased. The "1/20th" standard for floodplain is higher given the nature and location of the land . Another change to this section involves the reference to Article 5 . 1 . 1 and Article 6. 12 of the Zoning Ordinance. For high density projects (5 units/acre and above) and planned developments, the Recreation Space Ratios are proposed for amendment to require 1/28th of an acre for each dwelling unit. The difference. between the 1/35th requirement and the 1/28th standard would be established as "private" recreation for the use of the residents of high density and planned development projects. The reason for including such a provision is in recognition of the greater demands for recreation created by such projects. 3. IV-B-7-b-3 Site Suitability Subsection ( a) has been revised to allow locations of recreation space in areas other than those "centrally located" . Wording has been added to the effect that where proposed park sites are shown on the adopted Land Use Plan, and a subdivision plat contains a portion of the park site, then the recreation area may be located at the edge of the subdivision so that additional land may be added as adjacent land is subdivided. 4. IV-B-7-b-4 Site Improvements The first paragraph of this section has been deleted and wording added to the second paragraph which indicates that private recreation facilities (either required or provided at the option of the developer) must meet the standards contained therein. Since the basic intent of the ordinance is to provide for "public" facilities, standards are unnecessary except for "private" recreation areas. 5 . IV-B-7-b-5 ,Method n{ proy i s ion DL Dedication This section has been amended to require mandatory dedication where land is designated on the adopted Land Use Plan for park and/or greenway purposes. Where private recreation facilities are also required (or to be provided at the developer 's option) , conveyance to an association of homeowners would be required . 151 6. IV-B-7-b-6 Payments In Lin Di Deglication This section has been amended to require payment- In- lieu when no dedication was required in accord with the adopted Land Use Plan . The section has also been amended with respect to the basis for determining "fair market value" . Discussions with the Tax Supervisor have indicated that a simpler method for calculating fair market value is through the use of the following formula: Current Tax Appraisal : Current Assessment Ratio The current assessment ratio (70% countywide) recognizes the increase in land values since the 1981 revaluation. This figure would be adjusted annually to reflect changes in land value. Its use would remove the need for a property owner to have an appraisal of property and for the County to hire a review appraiser. An example of the application of this method is as follows: Land Area ( in acres) 178.48 Current Tax Appraisal $322, 164 Divided by: Current Assessment Ratio .70 Fair Market Value $460,234 Per Acre Value $2,578 Number of Lots (R-1 ) 164 1/35th Land Requirement ( in acres) 4.92 Payment- In-Lieu $12,683 Payment Per Unit $77 Other provisions which have been added to this section include time of payment- in- lieu (at time of final plat approval or within one year of approval of preliminary plat) , authority of County to sell dedicated land if decision is made not to develop or use for recreation purposes, and ability to secure combination dedication/payment- in- Iieu. Other than the "major" changes identified above, typographical errors and minor wording problems have been corrected. One other concern voiced at the public hearing has been addressed - holding of disparate parcels until development occurs. Contacts have been made with the Triangle J Land Conservancy, and they have indicated a willingness to hold the land in trust until the County is ready to develop same. The Cary Recreation Director did indicate that liability/maintenance responsibilities are almost non-existent and as long as the jurisdiction responds to identified problems, there can be no legitimate claims of negligence. L iF ORIGINAL DRAFT: 10-8-85 REVISED: 1-9-86 1-22-86 1-30-86 4-23-86 IV-B-7-b R.ecrea,xion_.Arefll IV-B-7-b-1 . Au�linahili Every person, firm or corporation who subdivides land for residential and/or non-residential purposes shall be required to dedicate a portion of such land for the purpose of public recreation and/or open space areas to serve the leisure needs of the residents of the subdivision and/or preserve significant natural features and cultural resources . In all cases , the Recreation and Parks Advisory Council shall review and make recommendations to the Planning Board and Board of Commissioners on the provision or dedication of recreation and/or open space areas . The dedication of recreation and/or open space areas shall not be required for a minor subdivision; provided, however , the provisions of Article IV--B-7-b-6 (Payments In Lieu of Dedication) shall apply at the time of approval of a major subdivision to all lots previously created through the minor subdivision process following the effective date of these provisions . IV-B-7-b-2 . Di.mans iana.l_.Regui.remenl.s At least one thirty-fifth (1/35) of an acre shall be dedicated for each dwelling unit planned or provided for in the subdivision plan, except where land is located in the flood plain of a stream or river as indicated by the flood plain maps of the Federal Insurance Administration and/or is charac- terizd by steep slopes (15% or greater) , then at least one twentieth (1/20) of an acre of such land shall be dedicated for each dwelling unit . If the application of the provisions of Article 5.1 .1 (Required Minimum Recreation Space Ratio) and Article 6.12 (Land Use Intensity System) of the Orange County Zoning Ordinance results in a greater amount of land, then the difference between the application of the standards above and those of Article 5.1 .1 and Article 6 . 12 shall be established as private recreation for the use of the residents of the development . The total land area dedicated as part of a non- 5t.4. residential subdivision shall be determined by an analysis of the site , the uses( s) to be located thereon and the designation of recreation and/or open space sites as shown on the adopted Land Use Plan. The site analysis shall be prepared by the applicant and shall identify in written and graphic form those +; areas characterized by steep slopes (15% or greater) , flood plains and wetlands , rock outcroppings , mature woodlands (trees of 18 inches or greater in diameter) , existing structures and cemeteries , and lakes , ponds , rivers and other water resources. A written and graphic description shall also be submitted by the applicant which identifies the proposed use of each lot in the subdivision, the approximate amount of building and parking coverage for each lot , and the approximate number of employees associated with each use . In no case, however , shall the total land area be less than that required by application of the provisions of Article 5.1.2 (Required Minimum Pedestrian/Landscape Ratio) and Article 6.12 (Land Use intensity system) of the Orange County Zoning Ordinance. IV-S-7-b-3. site Euitahilit Land provided or dedicated for active recreational purposes shall be of a character , slope and location suitable for use as for play areas , tennis courts , multi-purpose courts , picnic areas , ballfields and other similar recreation uses . Active recreation areas shall be located on land that is relatively flat (0 to 7-1/2% slopes) , free of wetlands and/or flood plains , free of easements for public utility transmission lines , and is otherwise capable of accommodating active recreation uses. Land provided or dedicated for passive recreation and open space purposes shall be of a character, slope and location suitable for use for walking, jogging , reading and similar quiet activities , and the preservation of natural features and cultural resources such as steep slopes , rock outcrops , native plant life and wildlife cover , mature woodlands and water resources . In all cases , active and passive recreation sites as well as open space areas designated on the adopted Land Use Plan shall be incorporated into the design of the subdivision. Criteria for evaluating the suitability of proposed recreation areas shall include but not be limited to the following: 15 (a) Location, Land dedicated for recreation purposes shall be located so as to serve the needs of the immediate residents of the subdivision. Recreation areas shall be centrally located so as to provide , insofar as possible , equal accessibility to all residents of the subdivision; provided, however , recreation areas may be approved in other locations where land more suited for recreational purposes due to shape , level slopes and/or dry soil conditions is present . Where proposed park sites are shown on the adopted Land Use Plan, and a subdivision contains a portion of the park site, then the recreation area may be located at the edge of the subdivision so that additional land may be added as adjacent land is subdivided. (b) Qaj1 . Land dedicated for recreation purposes shall be a single parcel except where it is determined that two (2) or more parcels are suited to the needs of a particular subdivision. The Planning Board may recommend, and the Board of Commissioners may require, the dedication of a connecting path in addition to the land required in Section IV-B-7-b-2 of this Ordinance. Where a connecting path is necessary, a path of up to fifty ( 50) feet in width may be required, but in no case shall the path be less than thirty (30) feet in width. (c) Aaag.Sibilitg, Land dedicated for recreational purposes shall have at least fifty (50) feet of frontage on at least one (1) street within the subdivision. Where a recreation area is not accessible due to lot arrangement , the Planning Board may recommend, and the Board of Commissioners may require, the dedication of connecting paths which link the recreation area with other streets within the subdivision. (see figure below) Connecting paths so required shall be in addition to the land required in Section IV-B-7-b-2 of this Ordinance. Connecting paths of up to fifty (50) feet in width may be required but in no case shall the paths be less than thirty (30) feet in width. I5 c s _ - INIMIN, 1POlikillOW Ar—Amiall " Connect:in i 1041k miwANglig SESIP i A4b.,livi " • ' Paths ; •Olirg AMMO li 4.41111V; :___ 1 . IV-B-7-b-4. $i to IMULgaraliaail Private recreation facilities , either required or provided at the option of the applicant , shall . meet the standards for site improvements contained herein. When choosing improvements for a recreational area , the anticipated characteristics and needs of the residents shall be considered in conjunction with the size of the development , any physical constraints posed by the site, and the availability of other improvements within the same general area as the subdivision. As an example, the existence of a multi-purpose court in an adjacent , existing subdivision and the availability of the facility for use by residents of the proposed subdivision may indicate to the applicant that another facility, such as a tennis court , would be more appropriate. Recreation facilities which are suitable for various age groups include, but are not limited to those shown on the following pages . Trash receptacles shall be provided for all recreational areas regardless of the number and type of other improvements located thereon. i6'e�. rwmm 15i- RECREATION FACILITY DEVELOPMENT STANDARDS AGE GROUP FACILITY�_..�__ RECOMMENDED RECOMMENDED RECOMMEND SPACE SIZE AND ORIENTATION REQUIREMENTS DIMENSIONS Families Tot Lot 2 , 000-4, 000 Enclosed play None specified 1 . Enclosed play sq. ft . area of 21 sq. ft . area with play per family. Turfed apparatus and sand box. area and shaded, 2 . Open, turfed area area of at least for active play. 40 sq. ft . each. 3 . Shaded area for quiet activity. Families Basketball Court 4,400-8, 000 46 ' x 74 ' to Long axis Adults sq. ft . 50 ' x 94' north-south . Court dimensions with 5 ' unobstruct- ed space on all sides . Families Badminton Court 1 ,500-2 ,600 Singles-17' x 44' Long axis sq. ft . Doubles-20 ' x 44 ' north-south. with 5 ' unobstruct- ed space on all sides . Families Tennis Courts 6 ,200-8 ,400 36 ' x 78' with Long axis Adults sq. ft . 12 ' clearance north-south. Senior on both sides ; Citizens 21 ' at both ends . Families Volleyball Court 2 , 800-4, 000 30 'x60 ' with Long axis Adults sq. ft . 10 ' clearance north-south. on all sides. Families Soft Ballfield 1 . 5-2 . 0 Baselines-65 ' Locate home Adults acres Pitching dis- plate so tance 40 '-46 ' pitcher throw- Field radius ing across sun from plate- and batter not 275 ' between facing it . foul lines . Line from home plate through pitchers mound runs east- north -east . • i5` Families Soccer Field 1 . 7-2 .1 195 ' to 225 ' x Fall season- acres 300 ' to 360 ' long axis with 10 ' minimum northwest to clearance on all southeast ; for sides . longer periods , north to south. `T Families Handball Court 1 , 000 sq. ft . 20 ' x 40 ' - `— Long axis Adults (3-Wall ) Minimum of 10 ' to north south. rear. Minimum 20 ' Front wall at overhead clear- north end . ante. Families Swimming Pool 0.5-2 . 0 Minimum of 27 sq. None-although Adults acres ft . of water sur- care must be Senior face per swimmer . taken in Citizens Ratio of 2 : 1 deck siting of vs . water. lifegard stands in relation to afternoon sun. Families Pedestrian a t h e None p n Well defined head None Adults room with maximum Senior 10 ' width. Maximum Citizens average grade 5%, not to exceed 15%. Path width 6 '-8' . Senior Shuffleboard 570 sq. ft . 10 ' x 52 ' with Long axis Citizens 2. 5 ' clearance at north-south. both ends ; 2 ' clearance on both sides. Senior Horseshoes 240 sq. ft . 6 ' square s ch ._..� q pitchers Long axis Citizens box. Steel stakes north-south. 1" diameter , 14" above ground, spaced 40 ' apart . Senior Croquet Court 1 , 800 sq. ft . 25 ' x 55 ' playing Long axis Citizens area with 2 . 5 ' north-south. clearance on all sides. 1 5 E4 Families Park bench , •pn e 1 ���"' - •-------- --- ( ) Minimum table None other Adults picnic tables and picnic table dimensions - than provision Senior grills and trash per 50 36"Wx72"Lx30"H. of shading for Citizens receptacles residents Tables , benches picnic tables 50 sq. ft . of and other similar and benchesi. land per facilities securely I table. anchored to ground. Families Picnic shelter One (1) open Minimum shelter None. Adults structure shelter per dimensions - Senior 60 residents 20 'x30 ' with Citizens minimum of ten (10) picnic tables and accompanying benches located therein and securely anchored to ground. Fireplace shall be installed at one end. emom L5 In addition to land provided or dedicated for active recreation purposes , sufficient area shall be provided to make available a minimum of five (5) off-street parking spaces for the first two (2 ) acres of each recreation site and one (1) space for each additional acre thereafter . 1 Where any of the following facilities are also provided, off-streets parking as required shall be provided in addition to the general standard above. Swimming pool One (1) space for each five (5) patrons Soccer and ball fields Eight (8) spaces per acre Tennis/handball courts Two (2) spaces per court Picnic Shelter area One (1) space for each ten (10) patrons . Each off-street , parking space shall be a minimum of nine (9) feet in width and eighteen (18) feet in length. A minimum back-up aisle of twenty four (24) feet in width shall be provided for access to and from each space. Bay parking is prohibited, and entrance to and exit from each parking area shall be by forward motion of the vehicle. One (1) of the parking spaces provided must be barrier-free and identified for use by individuals with physical disabilities . Handicapped spaces shall be at least twelve (12) feet in width and shall be designed as follows : (a) So that handicapped individuals are not compelled to wheel or walk behind parked cars : (b) So that handicapped individuals can get into and out of an automobile unto a level surface , -suitable for wheeling and walking; and (c) In conjunction with sidewalk cut-aways and/or ramps , not exceeding five percent (5%) slope. IV-B-7-b-5. Method of_Envision_Dr pgdiraii2D Land dedicated for public recreation area as required by this Ordinance shall be designated on both the 161 preliminary and final plat (s ) of the subdivision. The land must be dedicated to an appropriate unit of local government as publicly-owned and maintained; provided, however , recreation areas so dedicated shall be subject to acceptance by the unit of local government . Determination of the appropriate unit of local government shall be made by the Board of Commissioners , upon recommendation from the Recreation and Parks Advisory Council and the Planning Board. Land provided for private recreation purposes must be conveyed to the trustees provided in an indenture establishing an association of homeowners. The recreation area must be conveyed to the trustees subject to covenants and easements to be approved by the Planning Board and Board of Commissioners and which provide for the continued maintenance and control of the recreation area in a manner which assures its continuing use for its intended purpose. Where the recreation area is conveyed to a homeowners association, the subdivider shall file a declaration of covenants and restrictions in accordance with the provisions of Section V of this ordinance. IV-B-7-b-6. j'.E.ymRII �..lII_LlII3�l_Qf DeSilII�,f1QII Any subdivider required to dedicate recreation area pursuant to this Ordinance may, with the approval of the Board of Commissioners , make a payment in lieu of dedication or make a combination of land dedication and payment . Before approving a payment in lieu of dedication, the Board of Commissioners shall find that no recreation and/or open space sites have been designated on the Land Use Plan for the property in question. A payment in lieu of dedication shall equal the number of acres required to be dedicated multiplied by the fair market value of the land to be dedicated. Fair market value shall be determined by dividing the tax appraisal of the property at last re-evaluation by the current year assessment ratio. Upon approval by the Board of Commissioners , payment in lieu of dedication shall be made at the time of final subdivision plan approval or within one (1 ) year of approval of the preliminary subdivision plan, whichever occurs first . All monies received by Orange County pursuant to these requirements shall be used only for the acquisition and/or development of recreation, park and/or open space sites . emmm 161 The Board of Commissioners shall also have the authority to sell land dedicated pursuant to these provisions with the proceeds of any such sale used solely for the acquisition and/or development of other recreation , park or open space sites . COMPARISON OF RECREATION' STANDARDS ZONING DISTRICT AR, R-1 R-2 R-3 R-4 R-5 R-8 R-13 MINIMUM LOT AREA PER 40,000 SF 20,000 SF 15,000 SF 10,000 SF 7,500 SF 5,000 SF 8,000 SF DWELLING UNIT REQUIRED MINIMUM -- -- -- 033 .039 .049 RECREATION SPACE RATIO (LOT-BY-LOT DEVELOPMENT) RSR (EXISTING) GROSS RESIDENTIAL LAID 100 AC 100 AC 100 AC 100 AC 100 AC 100 AC 100 AC AREA (G.L.A.) CONVENTIONAL LOT - REQUIRED 3.3 AC 3.9 ►4C 11.9 AC MINIMUM RECREATION SPACE (RSP x GLA - LUI) REQUIRED MINIMUM RECREATION .019 .022 .025 .030 .035 .042 .052 SPACE RATIO (PLANNED DEVELOPMENT) _ RSR (EXISTING) PLANNED DEVELOPMENT - 1 .9 AC 2.2 AC 2.5 AC . 3.0 AC 3.6 AC 4.2 AC 5:2 -At - REQUIRED MINIMUM RECREATION SPACE (RSR x GLA - LUI MAXIMUM NO. OF LOTS IN 92 185 246 370 493 740 1 ,234 SUBDIVISION 1135th STANDARD (.b3 AC) '2.76 5.53 7.38 11 .10 14.79 22.20 2j.02 PROPOSED 1128th STANDARD (.04 AC) NA NA NA NA 19.72 29.60 49.3$ PROPOSED ADJUSTED MINIMUM RECREATION .028 A56 .074 .111 .197 ,296 .494 SPACE RATION (PLANNED DEVELOPMENT) , RSR - BASED ON 1/35th STANDARD THROUGH R-4 AND 1/28th STANDARD R-5 AND ABOVE F.1 DIFFERENCE (PRIVATE ` - NA NA NA 4.93 7.4 12.34 m RECREATION REQUIRED) R . r EXISTING ORDINANCE PROVISIONS 3.1.t 8111FINII-8 I'M 1168111EH7tAr. 11811Ku",jI1 ITI. 8tlirll.ti AriD 'fM I7sH11.71 Fflll.'r1Fn1111.F, N081l191MUL lI0Ti A, luxellft" IKlument ARM PrIt 34[11. !1J r Nov. 11tH. 'o. 8l1i1, 4 MAX. N.M. 11111, R11U08 Dr61i 1+111:3.1.1Hrl UIT FIU1H7 PrAff Ifni(.117 LA11D ARLA IJII MAX. 81'ACIi 1.1VBIIS#I.Z'i8 1� tit". -_---`-_11111T----It11"ll BEr0AM 8ETUA[�C tt'p'8 01#LYE PATlNO --- YAII Mile lipacs MT10 srACO r1A'1IQ r�rrr 441,noo 150 40 ---- 20 _�-. _____________---_ - IM r'u-1 44),unu _ _ 25 •- - _ _ - . VD-2 40,01) _ _ _ 25 00,W10 22 .059 .84 .711 _--- - + 25 80,000 22 056 .04 .019 1nr 40,uRn 110 40 21 __-._i5 .019• 1,l 1.11! 411,UUr1 _ _ 2S - _ 1'11-2 40,0nu - _ � 23 0 000011 .�� .@811 .04 .73 -- Uri, 25 00,0U0 22 .050 .019 21) 411111- too !rl t 5 25 .u4 .73 .e119r 25 45,010 - - - _--•^--•• - r•11-2 an,i1IR1 _ _ 26 .076 .02 .70 .022 - --'urr -- - - 23_.-w_49,000 20 F•,,ililli- -tr►o ]0 13 25 _..�^u @1 .027. 25 - - - _ ------ 1'1► 2 - _ _ _ ]0,001! 11 .100 .00 .63 .1125 .62 .026 IAYr 111,414111 75 25 -10 25 -' - - - 25 13,000 73 341 .70 29 15,000 36 •.132 .70 .64, .070 r,rr---7,54)11 511 •20 �_ .S] .070 _ y to 25 ]@ .174 .77 .32 1011 vu-2 - _ _ 10,000 40 .200 .78 .52 .016 ---__ - 25 10,000 41 .214 .76 .51 .019 lAtr 5,000 So 20 0 25 47 . lUl 1'11-1 - _ _ _ 25 .746 75 •49 .019. 1111-2 - - 7,[180 43 .203 .74 --- .4 0, .042 ._- - 15 7,000 46 .101 .73 .46 50 211 U 25 _ .046 .- 29 40 .240. .72_ .45 .049 i•u.y _ _ _ 6,000 so .400 172 .44 .052 ' •-.-•-1,111 -,_ _ 225 5,000 51 .429 1172 .41 .1155 1'11-t 75 1+1:1 - _ - - 35 5,000 30 .100 .00 .65 1029 .MIIrr __ -.107 .B0 3 .0 8 IL'2 1111-1 - _ - - - - .62 _ 1.1,•2 - _ _ - 35 6.000 40 .200 .76 .32 .076 -- - ]3 5,000 41 .214 .iG .51 .019 FAYP _ 6o .400 .72 ' .44 .092 91 .429 .t! 1!5 IR1I' 40,11111 -.-jam .4A 1'lu 40 20 25 rirr - r :111.1 _ " 73 w 1S9,0oo 4U .2 0. 76 .52 .036 5,000 4l .24 .76 ,31 .039 Proposed Anendments 114"Mix I1.8 Yllll I'M IIIt tmiAI. pltVi3l+01'1lF:tl'I'l a111,IfA AII11 WO PAHll.rt H111:i•Il•mll.Y, i mS1WdHpiA[. 11IT91.8t lim"INU ImmuE1t VAX:% Hill. I1<11' Alti'.A t'r:It IIlH. I1irs}. 1:TGK i' IfA1i. 111.111:. HTH. 31itc1els 11F.�� i13H. 144FI.l.lric; wYr F'eurl'r 81i11[t ling(a T I.A1111 Almh lxfl OAK. n16i1 UV 11IH. ItEC. ATI 41111Y 11111111 tt1:'I'11ACK :i[:'I'IIACK $I'ACIL 1.1VBA0ll.l7l[ IO+Cll0llilpiT �P11'I1 i1lIT.1[� AiCrrllli PAk RAYIA OVA" M'i'ls 8[IACI: Itl%Tlq tirr 4(1.0[10 .150 40 20 25 -------• -.._�. . A14 l•11-1 40,11(i[I - - - 23 ilo,oOU 32 - - .02q _4_0,01m)_ - _ _ .054 .04 .75 .014 WT 411,1r1ftl 1211 25 00,000 22 .050 .314 X75 411 211 25 _ _ 1ti i•Ir-I 4t,,Ulrrl _ _ 25 - - _ G2 111-2 40,013t) _ _ _ 00,0011 22 .010 .04 .75 .033 _..._..- DD,OnO 22 - - .0511 .04 .75 .034 tr�'r x11,un11 1[1x1 2q 15 25 .0-tj�--._- -.... It-1 r'r,-f 1tl,uotl . 2s 451000 76 .OTb .03 ►70 .o5g • , . rlvl• [•1,11111{ 1[l0 5! • 20 _.. .003 .83 .77 30 15 25 _ 30.0111{ 11! .OuO .00 165 25 30,000 L 31 .107 .80 IsYi• r11,mm 75 25 --10- -- 25 '-'-"- .52 ---_--- 114 rp-l - - - i5 ODD ~- .-111 25 35 •.141 .70 .53 _ _----•-- 25 15,0(10 36 .152 .79 .53� :114 u,r 7,5[111 50 2n .52 .197- -- It5 _ 1Q 25 30 1174 .77 .52 .200 10,000 40 .200 .7G ----...._.-._., _ = 2S 10,000 41 .214 076 .51 1203, 11x1' 5.11110 50 - 20 0 25 43 .29G .?'3 .49 .203 Ittl l•Ir-1 - - l•11-2 _ 25 7,OD0 4S' .703 .74 .40, pgggg -----._...•.._ _ __..__. .___ _25 7,000 45 .303 .73 .46 r.trl' 3.[sUn 511 211 •--- . 1111 Po-1 It 25 40 .340 .73 - .45 ��}-- s.11,2 25 50000 .'rt} .400 172 .44 497 ,_.w._...___.._-_�__•___ _._ .--�?'_ S,DUU 51 .429 .72 .43 --flog . $1000 3D .100 - .00 .55 77 0 0 31 .107 00 35 5,00- 1111. .52 -080 11:2 nt,-1 - _ - 3, 5 000 11 3., 40 1200 .iG .52 35 5,1100 41 .214 .76 .51 ilrr ' PDA q5 '$,D{IO 511 .00 .73 .44 .200 45 51 .430 .72 43 .203 ------- r:5 1Rrl_.. 4[1,110(1 1'111 � 4{! 111_1...-... 20 29 - _ .......�- rlY1. ._ ___1 11_1._-._._.� ...-... 1111.,_.�....-_. -.._ - 4 .• t 141.1 - 35 1111.2 .. 35 S.nuo 41 .714 .76 .117 is PROPOSED ORDINANCE AMENDMENT ORDINANCE: Subdivision Regulations REFERENCE: Article IV-B-8 - Landscaping and Buffer Requirements ORIGIN OF AMENDMENT:_X_Staff Planning Board BOCC Public Other: Planning Board Chair/Planning Director STAFF PRIORITY RECOMMENDATION:_x_High Middle Low COMMENT: EXPECTED PUBLIC HEARING DATE: May 27, 1986 ******************************** PURPOSE OF AMENDMENT: To provide more definitive standards for the provision of buffers between incompatible land uses and to set standards for the preservation of existing tree cover and installation of new vegetation where nonexistent. ISSUES/ IMPACTS: Existing ordinance provisions provide an open-ended standard regarding buffer strips and no provision for preservation of existing tree cover. The proposed standards will address such concerns and will enable the County to protect important ecological , aesthetic, recreational and economic assets. EXISTING ORDINANCE PROVISIONS: Attached - Article IV-B-8 (Subdivision Regulations) . PROPOSED AMENDMENTS: Attached - Revision to Article IV-B-8. ************************************ ORDINANCE REVIEW SUBCOMMITTEE: April 16, 1986 PLANNING BOARD REVIEW: May 13, 1986 BOCC REVIEW: PROPOSED ORDINANCE AMENDMENT ORDINANCE: Subdivision Regulations REFERENCE: Article IV-B-8 Buffer Strip ORIGIN OF AMENDMENT: X Staff Planning Board BOCC Public Other: Planning Board Chair/Planning Director STAFF PRIORITY RECOMMENDATION:_x_High Middle Low COMMENT: EXPECTED PUBLIC HEARING DATE: May 26, 1986 ******************************** PURPOSE OF AMENDMENT: To provide more definitive standards for the provision of buffers between incompatible land uses and to set standards for the preservation of existing tree cover and installation of new vegetation where nonexistent. ISSUES/ IMPACTS: Existing ordinance provisions provide an open-ended standard regarding buffer strips and no provision for preservation of existing tree cover. The proposed standards will address such concerns and will enable the County to protect important ecological , aesthetic, recreational and economic assets. EXISTING ORDINANCE PROVISIONS: Attached - Article IV-B-8 (Subdivision Regulations) . PROPOSED AMENDMENTS: Attached - Revision to Article IV-B-8. ************************************ ORDINANCE REVIEW SUBCOMMITTEE: April 16, 1986 PLANNING BOARD REVIEW: BOCC REVIEW: • 16'r IV—B—B BUFFER STRIP • • A buffer strip may be required in a subdivision (7 adjacent to railroads , limited access highways ,. commercial , development , industrial development , critical areas of natural environment and agricultural areas where the Planning Board shall find an incompatibility betweeen the existing use and the proposed use . The Planning Board shall determine whether the buffer strip shall be of maintained natural. vegetation or other materials such as fencing . This strip shall be a pert of platted lots , but shall have the following restriction lettered on the face of the plat "The building of structures is prohibited on this strip pursuant to Section IV—B-8 of the Orange County Subdivision Regulations . " The nature of the existing use on the Lot adjoining the buffer strip shall also be indicated on the plat . *IV—B-9 WATERSHED PROTECTION STANDARDS *Amended In every subdivision , provision shall be made for 11-19-95 the protection of water supply watersheds •- of regional importance . Lands which are within the boundaries of such watersheds shall ba subdivided and developed only after proper provision is made for the preservation of vegetative buffers adjacent to streams draining to existing or proposed reservoir sites and the first one—half ( L/2) inch of stormwater runoff from impervious surfaces is infiltrated into the soil . IV--B—S—a, AookicabiLtLx Water supply watersheds requiring special protective measures include a l ! property Located within the Neuse and Cape Fear River basins outside the zoned portions of water supply watersheds designated in the Orange County Land Use Plan . IV—B-9—b Stream Buffer Standards In al ! new subdivisions located wtihin a water supply watershed of regional importance , the preliminary and/or final plat of such subdivisions may not be approved unless stream buffers are provided in accordance with the following standards : 1 ) Stream buffers shall be provided aLang ail pernennial streams within or bordering new 32 • • 16c IV-B-8 . Landscaping apd Buffer Requirements IV-B-8-a, A i Li,ca i Lt tz - • In every subdivision , provision shall be made for the protection , preservation ; proper maintenance and use of trees and woodlands Located within the subdivision regulation jurisdiction of Orange County in order to achieve the following : (a] To prevent damage from erosion , siltation and flooding , and to wildlife habitats ; (b ) To absorb pollutants , filter impurities and add oxygen to the atmosphere ; (c] To modify the climate through reduction of temperatures and absorption/reglaction of solar radiation ; (d] To serve as buffers between incompatible Land uses through visual screening and the reduction of noise and glare ; and (e] To provide important physical , aesthetic , recreation and economic assets to existing and future residents of Orange County . Where tracts or parcels of land are to be subdivided which have been cleared or harvested of trees prior to application for subdivision approval , provision shall be made for the installation , maintenance and use of new trees and vegetation in accordance with the provisions of this Article . IV-B-8-b. Protec ion of Bxi st i na Veneta-ti on, On any land for which application for subdivision approval has been made , no person , firm or corporation shall remove or cause to be removed any trees or other vegetation except in accordance with approved plans . Concurrent with the submission of a final plat for minor subdivision approval , or a preliminary plat in the case of a major subdivision , the subdivider shall submit plans or drawings at the same scale as the plat which identify stands of existing trees and those trees which are to be preserved upon project completion , specifying their Location and approximate size . Differentiation shall also be made on the plans between deciduous and evergreen plant species and between existing trees to be preserved and proposed planted trees . • • • 11 -� 6.2 B-8-b- 1 . Dom' Lion of„ �`p��serYeticn Areas ++wr.rr�rr..ww� Existing trees , regardless of size , shall not be cut or otherwise damaged or destroyed within a primary tree protection area , and existing trees having a diameter of one (1 ) foot or greater shall not be cut , damaged or destroyed within a secondary tree protection area defined as follows: (a) Primary Tree Protection Area . That portion of a subdivision or any lot therein which is to be used for required recreation or open space area ; front , rear and side yard setback areas ; and/or buffer requirements of this Ordinance or the Orange County Zoning Ordinance . In unzoned townships , a forty (4D) foot front yard setback shall be provided adjacent to a street right-of-way Line for the preservation of existing trees . A twenty ( 20) foot setback shall be provided along side and rear property Lines for the same purpose . (b ) Secpndgry Tree Protection Area . Any portion of e subdivision or any Lot therein not included within the Primary Tree Protection Area . IV-B-8-b-2 . Exceptions Upon approval of a final plat for a minor subdivision , or a preliminary plat for a major subdivision , existing trees may be removed only from designated street rights- of-way and utility end/or storm water drainages easements . In cases where the retention of existing trees would create unusual hardship or development problems in building sites , recreation , open space , setback and/or buffer areas , the Planning Director or his/her designee shalt determine when such hardships exist and may designate that certain areas be planted with new vegetation in lieu of preserving existing trees . The Planning Director or his/her designee may approve the planting of new trees if one or more of the following conditions exist : ( a) Necessity to remove trees which pose a safety hazard to proposed bui Ldings ; (b ) Necessity to remove diseased trees or trees weakened by age , storm , fire or other injury ; ( c) Necessity to remove trees in order to construct proposed improvements as a result of the need for �w■ -. 17L DESIGNATION OF THE PRESERVATION AREAS . *111ifs♦*fv/O ff/ffilff1Viv"""V w•1�1�Ir1�s�"�fry a--i 73\ ff♦f♦ �jf♦1111fii111�1li-/1 ? �', #11.#11 •PEN SPACE AREAff11111111+111i ��t� Iff11ff11f111 f11111 �)1. ��:� ♦lflfs1f11111f11 %•:***1 11#14*- o. -.# ♦.4111sf/11111 ♦Ifi4 • ∎..141 .�����-. ;J11fff��� C%4♦1 1,.�f11111�11�f11��,�•• I1�f ����.6�f 11��:fi� 4,ff1f1f1 �� �� 11 ♦, ��f��r._, .��� -* r� ��.� ►1117-4 ��- f.11i11/11�7:i�� ►f1 4 �11f11 fir.p.401-1 , • ♦, ,. _ , *'- 4,-*■:&,_••f'•''•4.-' i././f • 4■V---** ilf4f'W dtkvV X14 s RFC C',t A►�� 1.# a „ _ �s�1 ► t`A . r it ♦11.x•X111 4!.1..+ 1p p� `f, ►♦ . �!+*f1111 ► 1►1)i' ♦r al r � to _ .• �I �� 1�'' /��1�i oIf ��►fir V �'` �`+►`♦ ► 11 �ff1 f� 'R r` r' y r if %ii1�' ♦♦If«i iii i1 •f• •�)�! . � ►f , .11011 11 it k , -c 4,4•,4 _•,-.— ,41 $ =fi**1•�if�fff1111+1� *1 .�i_�� .►ice *LA . 1Pff1fjf+++♦ff+I*+j11.1f1 �.ik,./N:1.a_ +• 111111”I�1�1�+11i1�A+i+� ∎►Y.. AIR 11111f♦i111 ��� -4♦♦ ♦♦+� �1• ♦11....1.111.0 F/ ►� ►# t*-4 PI' f,ft �11111f♦fff of v..+111411*� .1 4, ► 4i .f �ifil:If♦♦f*♦f.11+11 . �.1� r� if` �p+�ff -1f1i1 fff4 _ f: ♦� ♦f♦ P I .#♦1� • REA ff;111t�.-i4�11 ►� sTRIP 1 1♦ ♦�1111.1 i1+ -V, .♦rl r+I.�v+0.1 �1 ��i f1ff ♦ 11S► 4 ►�f r fifffi1111•�ji1111jfi∎ -■ rf ►,_ l'ilfr ffif 1∎410.411141.44.4, Xi• �1 1, OFFICE COMPILEX f1*♦111111f1t . 4 A•f•fiflfi11t►.r 1, w{+•1��m, SITE ►1 f liflf*f11fffflfll#1►ak7�tgC�• 0�fr..1-i�1r� , kf+1��1_rA►.k∎a► aI..1 :!%/f.� 14!5./J�,A Legend: WI,�'+1±: PRIMARY TREE PROTECTION AREA (Open space/recreation areas; required buffer strips; and front, rear and side yard setback areas) SECONDARY TREE PROTECTION AREA • 171 access around proposed buildings for construction equipment ,, the need for access to the Lot or building site for construction equipment , and the need to account for essential grade changes , surface water drainage and utility installations ;. Id] Necessity to observe, good foresty practices , i .e . , the number of healthy trees that a given parcel of Land will support ; and Ie) Necessity to remove trees which may pose- a safety hazard to pedestrian or vehicular traffic or threaten to cause disruption of public services . IV-B-8-b-3 . Protective Measu rc During the development and construction of a subdivision or any lot therein , adequate protective measures shall be provided to minimize damage to existing trees and other vegetation . Protective devices such as a cord fence with strips of surveyor ' s flagging attached shall be installed prior to any grading , construction work or traffic taking place near trees to be retained , and shall be maintained until all work hms been completed . Such devices shall effectively protect the roots , trunks and tops of trees to be retained . • Grading shall not take place within the drip Line of trees to be retained . Where grading within a tree drip Line cannot be avoided , the following measures shall be used to maintain the Life of trees : Ia) Limit cuts and fills to one-fourth (1 /4) to one- half (1/2) of the area within the drip line of a tree ; Ib ] Avoid cuts and fills around the entire circumference of the tree ; Cc) Root prune a tree several months prior to any cuts within the drip Line ; Id] Prune tree limbs in an amount which reflects the area of the roots severed , but in no case allow pruning to exceed thirty percent (30%l of the Limb area . Fertilize and water the undisturbed site of the tree ; ( el Where cuts have left roots exposed to the air , cut roots clean and paint promptly with a tree paint ; and • 17� ( f] Avoid filling within the drip Line of a tree without some method being installed such as a tree well to allow the tree to breathe and to allow water to reach the roots . • Vehicular traffic , storage of heavy equipment and stockpiling of soil or . other materials shall not be permitted within the drip Lines of trees to be retained . No paving with concrete , asphalt or other impervious material within the drip tine of trees to be retained shall be allowed . IV-B-8-c . L.andsgaoing Standgrdp • Where a subdivision is proposed either on Land which has been previously cleared , or trees have been approved for removal under one or more of the exceptions Listed in Article IV-3-8-b-2 , new trees shall be planted in accordance with the provisions of this Article . IV-B-8-c- 1 . R d d As a requirement of a subdivision approval , the subdivider shall plant sufficient trees so that there is at least one (1 ) tree for every thirty (30) feet of frontage along both sides of all proposed streets in the subdivision . In addition , there shall be at Least one (1 ) tree for every two hundred and twenty-five (225) square feet of Land area designed for required recreation or open space area , and side and rear yard setback areas as required by this Ordinance or the Orange County Zoning Ordinance . Approved open play fields , building sites and other similar recreational facilities are exempted from Landscaping requirements . Trees to be planted in required recreation and/or side and rear yard areas shall be spaced thirty (30) feet on center. Trees to be planted in required buffer areas shall be installed in accordance with the provisions of Article IV-8-8-d of this ordinance . IV-B-8-c-2 . I st ' on n hi ' nte nc Existing Landscape material in a healthy condition may be used to satisfy the requirements of this Article in whole or in pert when such material achieves the intent of this Article . Sound and accepted horticultural practices s h e l l be used to protect the root zones of a l l retained existing plant material during construction and also during underground utility installation . ALL new Landscaping shall be of good quality and installed in a sound , workmanship- Like manner and according to the • 17e REQUIRED LANDSCAPING ` ��i= NAt. E- . BUILDING ��;�� , y�. v �r �� ', '' �. SITE '- �. RECREATION ,,�' ' r� ,�_��=' -r% AREA Y`���.ti `��%��, �� At-04-1/4,����� -.1k. &.lad ,`1; vIz mil`► � 4 BUILDING Nkt 1 IN f� l� ; Or4?4 ?\ 0 �. , � O � ` . of O' �z Rt..f, �J ` t 3 " P-1'4IN- ,-7-1r-• . . v, � � : I4k, -f& 0, 4)- gyp, Te , _ � ......,'Irk:. *10, %/Al s'Zt71-1-.0k:r FIELD `f0,..-,.\-w.--" X017 l �4` c. ' -Ir4e fir= o At*-4 , 74)p,rte' f �' �� ���4 �- .17,-,--e4.1.-r 7, "mi SITE .. �� f-4-iry ,037:--_,......Ar...„0,2.,..--24,„..,-..7„:„ N.„, , %IF ,-,,,v4es,,,)7pF:47A,/,- ,_-..ati,:r.1 Ap-,4*--oiliA -/)--------*7 :: • •4-----‘ 1 * 1A3 , t o fl►� (�\1' \ Ate:. `i�� AEI Legend: -- - STREET RIGHT-OF-WAY LINE/ PROPERTY LINE --- SETBACK LINE RECREATION/OPEN SPACE BOUNDARY - TREE SYMBOL I • following -planting procedures (See Appendix for details) : ( a ) Planting holes shall be dug at Least one—third 41/3) Larger than the root. ball . If the soil is poor , holes should be dug two ( 2) c r three (3) times Larger than the ball and backfilled with rich top soil . (b ) Plants shall be planted in th-eir permanent location immediately upon delivery to the site . Plants shall be installed so that the top of the root ball is one and one half ( 1 1/2) inches below ground Level . String around the stem of the plant shall be removed and the burlap around the root ba L-L folded from the top after the plant is in the hole . Soil around the plant shall be tamped to remove air pockets , and a good mulch applied to help retain moisture . CO ALL trees shall be staked to prevent winds from loosening the roots . (d) ALL plants shall be soaked thoroughly with water immediately after planting and once a week (unless soaking rains occur) thereafter during the first growing season . ( e) ! Deciduous trees and shrubs shall be cut back to between one—haLf (1/2) and one—third (1/3 ) their original size following planting . Evergreens are required to have only Light pruning and shaping after transplanting . Where new Landscape materials are to be installed , the type of landscape material to be used in meeting the requirements of this Article shall be compatible with plant materials existing both on the property to be subdivided and on adjoining properties . No synthetic plant materials may be used to satisfy the requirements . At installation , trees shall not be lass than ten (1G ) in height , and shrubs shall not be less than twenty—four ( 24) inches in height . In any event , plant material required for the purposes of this Article shall be of such initial size to reach the required height within two ( 2) growing seasons after installation . Installation and construction practices shall be utilized which preserve and replace existing topsoil . The owner or developer of the property shall be responsible for the continued proper maintenance of aLL Landscaping materials and shall keep them in a proper , • • 1 7 t: neat and orderly appearance , free from refuse and debris , in accordance with the provisions of Article of this Ordinance . IV-B-8-d . B+ .ffer Reauirements Buffers shall be required to separate a proposed subdivision from adjacent major streets and different Land uses or zoning designations in order to protect , preserve and promote the visual appeal , character and value of the proposed subdivision and/or surrounding property ; to provide for the separation of spaces and provide for a sense of privacy ; to promote the public health , safety and welfare through minimizing potential nuisances such as the transmission of noise , odor , dust , litter and glare of Lights ; and to provide screening between incompatible land uses . Except as otherwise spsci fically provided in this Crdirsnce , the `ye or tuff_r renu{ red between a proposed subdivision and adjacent streets , Land uses or zoning designations shall be as specified in Article • IV-8-8--d-3 of this ordinance . IV-B-8-d- 1 . Location xnd !Jsl ofeuf,fers Required buffers shall be located along the interior or street Lot Lines nearest the adjacent streets , Land uses and/or zoning designations . Buffers shalt not be Located on any portion of an existing or proposed street right-of-way or utility easement . No building or structure of any type shall be erected , constructed or installed in a required buffer area . IV-B-8-d-2 . Ges i on at i on-g,f Bufikra A required buffer shall be designated as a part of platted Lots and shall have the following restriction Lettered on the face of both the preliminary and final plats of the subdivision : "Iand Use Suffer : The use and maintenance of this buffer and the building of structures thereon is restricted pursuant to Article IV-B-8-d of the Orange County Subdivision Regulations . " The nature of the street , land use end/or zoning designation adjoining the subdivision and/or the required buffer shall also be noted on the plat . CV-B-8-d- S hedu ► e a �= F n fired Bu fern iMMM • • 17t The type of buffer required between a proposed subdivision and adjacent streets , land uses and/or zoning designations shall be as specified in the following tab le . The type of buffer required is determined by the existing and/or proposed principle users] in the subdivision for which approval is requested . To determine which type of buffer is required a djacent to an existing and/or proposed land use , identify the existing and/or proposed principal use( s) in the subdivision , then identify the ' adjacent existing and/or proposed land uses . The type of buffer required is identified at the intersection of the two co Lumns . To determine which type of buffer is required adjacent to Land which is vacant and designated in a particular zoning district , identify the existing and/or proposed principle users) in the subdivision , then identify the adjacent vacant land zoning designation . The type of buffer required is identified at the intersection of the two columns . If different land use types are proposed within the subdivision , the type of buffer required between such uses shall be determined by employing the same ' procedures . For the purposes of this Article , "adjacent" Land uses, and vacant lands shall also include uses and • Lands across a street , other than an interstate highway , from the proposed subdivision . 1V-B-8-d-4 . Standards for Reoui red B f fens The types of buffers as described in the following table are to be used as the basis for the schedule of Required Buffers set forth in Article Ip-B-8-d-3 . An opaque screen is intended to exclude completely a l l visual contact between uses and to create a strong impression of spacial separation . A semi -opaque screen is intended to partially block visual contact between uses while maintaining a sense of spacial separation . Compliance of planted vegetative buffers will be judged on the basis of the average height and density of foliage of the subject species upon maturity . Compliance of existing vegetative buffers will be judged on the basis of field observation . Upon maturity , the semi -opaque or portion of intermittent visual obstructions should not contain any comp late ly unobstructed openings more than ten i10 ) feet in width . Suggested planting patterns to achieve the buffer standards are provided in Appendix New plant 6.6 .4 .3 SCHEDULE OF REQUIRED BUFFERS ADJACENT EXISTING PROPOSED LAND USfS DJACENT VACANT LAND 14NINQ _ E a E w o pol T th rc a _° Nos v� ore v 8 a�er$a y • € C rJ o A q� E N i $ a A M o° o `� �° : ore °u r o EXl STlNGI PROF4SED = a �^ 5 — _ — PRINCIM USEM g o a o _ M u n r u a r a°_ o WITHIN SUODIVISION g g d "s r O 0 2 V w w Q a0000sq Ef.ar grealar NA +!A A C R E F F E B D D F F E F E F NA IAA A B C D E F E ' F F F n 20,000 39,999 sq r!. A NA A B C D E F E E D D f F - F E F D A �s= NAA BCDE D f f E 1s,00g 19,449 sq.Ff. $ A NA A B C D F E 8 D D F f C E D f D 8 A NA A $ C D D E a§! 10,000-14.999ie!1!. C 8 A NA A 8 C F D B D D F f B D C EDC $ A NA A B C C D E f a D C 7,500 v94 sq r1. D C B A NA A 8 f C $ D D f f $ D C E D D C $ A NA A $ C 0.041 5.000-7,499 :q r1. E D C B A NA A f 8 A E O F f A C B D D E O C B A NA A 8 D D C C last lhnn 5,000 sq.11. f F D C 8 ANA F A A f D F F A C B D D F E D C B A NA B C p » inlarslnte Highway C F f f F F F F NA NA NA NA NA F NA f F F F f F f F F F F F F f f f Z-01 Arfnrinr$frost E E E D C B ANA NA NA NA NA f NA NA NA NA NA E E E E D C 8 A NA NA NA ` NA N z collector Street 8 8 8 N A NA NA NA NA NA f NA NA NA NA NAB 8 8 B D B A A NA NA NA NA Bairrand D D D D D MA 'N NA NA NA f NA NA 8 NA NA O D D D D D E f C D '='C _ NA _NA_ a°j Orerhondufotlricn power 0 D D D D D DNA NA NA HA NA D ANA NA D D D D D D D D p re 3 hontimissio_n lino A NA NA ° Quarry/milling operation f ___ - -'- : F F f F F F F F f F IAA NA NA f F f NA NA F F F F f F F f F f NA NA Agritullury us°invv ving n u sfveTeoe praJuets rhvreor F f f F F F F NA NA INAMA NA NA NA f f NA NA NA F *ED F f f f F NA NA aHc°/sarricn E D C B B A A F NA 8 E E NA NA NA NJ E f $ A A NA FIA NA f f_ E D D U C F NA A C E _NA NA L�NA NA F F D C C NA NA NA NA RA E C C 8 8 f NA NA NA NA NA NA 4 4 V i} I�A 1!A A MnnurncluringlpiocessinQ f r F E D D F NA NA NA NA Nn NA NA E f E D p — NA 11A NA materials installed. to satisfy the buffer requirements of Article IV-B-8-d shall lire installed and maintained in accordance with the provisions of Article IV-B--8-c-2 . IV-B-8-d-4 Standards for Fleguirgd Buffers Required Buffer Buffer Buffer Description Type Width A buffer composed of deciduous and/or evergreen vegetation , forming semi - opaque intermittent visual' obstruc- tions from the ground to a height of Type A 20 feet at Least thirty (30) feet . A buffer composed of deciduous and/or evergreen vegetation that is opaque from the ground to a height of at Least five ( 5) feat , with saMi -opaque or intermittent visual obstructions from the opaque portion to , a height of Type B 30 feet at least thirty (30) feet . Same as for Type B except opaque portion shalt extend from the ground to a height of at Least ten (10) feet , and semi -opaque portion shall extend from the opaque portion to a height of Type C 40 feet at Least thirty (30) feet . Same as for Type 6 except opaque portion shall extend from the ground to a height of- at Least twenty ( 20 ) feet , and semi -opaque portion shall extend from the opaque portion to a Type 0 50 feet height of at Least thirty (30) feet . A buffer composed of predominantly evergreen vegetation that is opaque from the ground to a height of at Least twenty-five ( 25) feet , with semi -opaque or intermittent visual obstructions from the opaque portion to a height of at least thirty (30) Type E 75 feet feet . A buffer composed predom inantly of evergreen vegetations that is opaque 17': in aLL seasons of the year from the ground to a height of at Least thirty Type F 100 feet [30) feet . tFr a-aq-46� ure5 18 9 This amendment has some significant impacts on what will be set out for the other townships. He voiced opposition to the GC-4 exemption in calculating the amount of commercial land in a specific area. The design criteria describing a local commercial node were intend uses equivalent to a "Mom and Pop" store or a local service station. The problem with EC-5 is that, as was done in some areas, certain nodes were designated which include the GC-5 designation to try to take into account the fact that the existing businesses were already there. Some of these businesses can be quite large and, by the time you add those and if you raise the maximum again for LC-1, you have eighteen acres plus whatever was already there and the node is no longer a small commercial node in a rural area. By doing this, the intent of the nodes is changed. To calculate all the commercial uses when assessing the character of the node and not allow to exemptions can result in quite a large commercial area. r. ARTICLE 4 - PERMITTED USES - ASSEMBLY/PACKAGING OPERATIONS s. ARTICLE 8 - SPECIAL USES - ASSEMBLY/PACKAGING OPERATIONS t. ARTICLE T - ARTICLE 20 - DEFINITIONS - ASSEMBLY/PACKAGING OPERATIONS Planner Susan Smith continued with items 5r through 5t as identified in the agenda. With reference to Article 4 - Establishment of Permitted Use Table, Article 8-Special Use Permits and Article 22- Definitions, Smith indicated these amendments would provide specifically for assembly and packaging operations, including mail order houses. Amendments to Article 4 would specify where those uses would be permitted, the amendment to Article 8 would specify the standards to evaluate those requests for a Special Use Permit, and Article 22 would define such uses. Steve Kizer indicated that some of the same comments he made above would apply to these proposed amendments. These amendments are in reaction to the fact that the Zoning Ordinance actually worked with respect to the request for P & S Sales. The problem is that a simple packaging plant has an awful lot of input that comes to it and is not a minor operation. The parking lot at P & S sales has about 100 cars and is a major operation. The whole point of these smaller nodes was to make sure that large enterprises that would be out of character with the surrounding community are not placed there. A commercial development in a rural node could be quite large and not in keeping with the idea that these are supposed to be small commercial operations. This adjustment should not be made until it is assured that the intent of the land use plan fits in very neatly with the development regulations. u. ARTICLE 2 - ADMINISTRATIVE MECHANISMS - PLANNING BOARD TENURE Planner Susan Smith referred to agenda item 5u - Article 2 Administrative Mechanisms for the Planning Board Tenure and indicated this amendments would clarify that new members appointed to fill unexpired terms will be eligible for two additional full terms and to specify that one-third of the Board membership will expire in February of each year. Chair Willhoit asked that "calendar year" be changed to read twelve (12) months. o. ARTICLE 5 - DIMENSIONAL REQUIREMENTS RECREATION SPACE RATIO 6. SUBDIVISION REGULATIONS TEXT AMENDMENTS (A copy of the complete narrative is in the permanent agenda file in the Clerk's office) . a. SECTION IV-B-7 SITES FOR PUBLIC USE - RECREATION/SCHOOL SITES b. SECTION V - IMPROVEMENTS - HOMEOWNERS ASSOCIATION OW 2PW-( .1?1+•MI 181 PRESENTATION BY STAFF 10 Director of Planning Marvin Collins referred to agenda items 50 and 6a and 6b. Article 5.1.1 is the schedule for residential development and refers to the required minimum recreation space ratio. The proposed amendment to the Subdivision regulations would require the dedication (or provision) of recreation facilities or a payment in lieu. The proposed amendment contains a formula for the computation of required recreation and/or open space area. The reason for the proposed amendment to the Zoning Ordinance text is that in the AR, R-1, R-2, R-3, and R-4 zoning districts there are no recreational space requirements. There are recreational space ratios for planned development. Recreational space ratios have also been added for non-residential uses in residential areas. These were based on the that already exist in the zoning ordinance. Marvin Collins summarized the proposed changes that would provide for recreation space and school sites in new subdivisions, and establish guidelines for the creation of homeowners' associations. The determination to accept payment-in-lieu would depend upon the existing recreation area in the area in which the subdivision is to be built. If there are already activities within an area, then the payment in lieu may be advisable. However, if the subdivision was of substantial size, then recreational improvements may be required within that development. If the development was not of substantial size, then the option of payment-in-lieu would be available. COMMENTS OR QUESTIONS FROM THE BOARD OF COMMISSIONERS OR PLANNING BOARD Commissioner Walker indicated he understood these amendments would only apply to multifamily dwellings. Steve Kizer noted that basically the amendment is to levy a recreational tax as a way to equally distribute between all new dwellings and indicated there must be an easier formula to apply. He asked if it had been considered for the tax office to determine the value and set the rate accordingly. Marvin Collins indicated this as a possibility. Commissioner Marshall asked for clarification on when the Board would be requested to make the decision on whether it would be payment in lieu or dedication or if the developer would always have that choice. Marvin Collins indicated the decision would be made by the Board of Commissioners. Planning Board member Carl Walters asked about the relationship in property values and Collins indicated if there are any at all it would be based on location. A person in Chapel Hill or Carrboro may be making a larger payment in lieu than someone in a rural area. Walters feels that mobile homes should be placed under the same regulations. Commissioner Marshall noted that the developer should be able to decide on the payment in lieu or dedication choice. Director of Recreation and Parks Mary Anne Black ask for additional time for the Recreation and Parks Council to consider these proposed amendments and have an opportunity for further comments. 7. FLOOD DAMAGE PREVENTION ORDINANCE AMENDMENTS a. ARTICLE 4 - FLOOD HAZARD REDUCTION - FLOOR ELEVATIONS b. ARTICLE 4 - FLOOD HAZARD REDUCTION - NON-RESIDENTIAL STRUCTURE CERTIFICATION c. ARTICLE 4 - FLOOD HAZARD REDUCTION - ANCHORING AND ELEVATION REQUIREMENTS (A complete narrative of the proposed amendments is on file in the permanent agenda file in the Clerk's office) . Q '�E 18, DRAFT 5-27-86 PUBLIC HEARING MINUTES AGENDA ITEM C 2. Z-6-86 JAMES M. AND MYRA KIRKMAN The staff presentation was made by Smith . The purpose of this agenda item is to receive public comment on a proposed rezoning request submitted by James and Myra Kirkman . James and Myra Kirkman are requesting a rezoning for 1 . 18 acres of land located on a state maintained unpaved access road leading to U.S. 70 at the southwest corner of the intersection of U.S. 70 and interstate 85 in Eno Township . The property is known as Lot 77B of Tax Map 25 for Eno Township. The parcel contains 1 . 18 acres or 51 ,40-0.8 square feet. The property is located within an area designated Twenty Year Transition and Commercial- Industrial - Transition Activity Mode in the Orange County Land Use Plane The present zoning classification of the property is Rural Residential (R- 1 ) . The application is requesting the lot be rezoned to General Commercial- 1V (GC-4) . Approval of the request would allow development of the full range of commercial uses at this location . Rezoning of the property would allow for the expansion of the commercial uses in the area as a single commercial development or, alternatively, through the subdivision of the property into individual lots for commercial development dependent on the provision of public water and sewer services. See Impacts Statement for further information . The Planning Staff recommends approval of the general rezoning. Commissioner Wilihoit inquired about the annexation policy of the City of Durham. Smith responded that the City has no active annexation plans in the area. She added that the City does not require annexation for the extenson of public water and sewer service. Smith noted that an existing well and septic system serves the property , Planning Board member Kramer inquired about annexation proposals in the Durham 2005 Plan . Smith responded that no firm annexation proposals had been proposed by the City of Durham. Kramer noted that the Town Council had adopted the Plan . Planning Board member Best inquired how this request differed from the N.C. 751 rezoning case. Smith responded that this site utilizes an access road which funnels traffic in the area to one point on U.S . 70, rather than resulting in individual drives and points of conflict. Best inquired about the applicant's statements of Justification . James Kirkman responded that they had reviewed as much information as they could in making the statements, including the Hillsborough 701 Plan. He noted that land adjacent to his property has been purchased, cleared, and has • 18e, been submitted for commercial rezoning. Best inquired if the site is vacant.. Smith responded that there is an existing house. Best inquired about the statement on page 20 of the agenda. Myra Kirkman responded that the Land Use Plan designates the area as Eno-2 activity mode and states that commercial development of the area is appropriate. Planning Board member Pilkey inquired about adjacent land uses. Kirkman reponded that the adjoining property has been purchased by the equipment company which currently leases property down the road . Smith informed the Board that the adjoining site has been cited for an MTC violation ., - Commissioner Carey inquired about the sixty-foot accessway. Kirkman responded that it runs to the adjoining ;rroperty and is in use. Commissioner Marshall asked if the Kirkman 's occupied the residence. - Kirkman responded, "Yes," adding that it is an undesirable home site given the changes in the adjoining property. AGENDA ITEM 4 The purpose of this agenda item is to receive public comment on proposed text amendments to the Subdivision regulations. Concerns have been identified by the Board of Commissioners, Planning Board and Planning Staff concerning cluster development provisions, recreation standards and landscaping and buffer provisions . The attached amendments address these concerns. Issue statements precede each amendment. The proposed ordinance amendments, if approved, would clarify and improve the administration of the Subdivision Regulations . The Planning Staff recommends approval of the amendments . AGENDA ITEM 4a SECTION IV SUB-SECTION IV-B-5 LOT LAYOUT (CLUSTER DEVELOP- MENTS) The staff presentation was made by Smith . There was no discussion on this item. AGENDA ITEM 4b SECTION II DEFINITIONS (CLUSTER DEVELOPMENTS) The staff presentation was made by Smith . There was no discussion on this item. AGENDA ITEM 5 ZONING ORDINANCE AMENDMENTS The purpose of this agenda item is to receive public comment on proposed text amendments to the Zoning Ordinance. • • 18'4 Concerns have been -identified by the Board of Commissioners, Planning Board and Planning Staff concerning cluster development provisions, recreation/-- landscaping space ratios, mobile home skirting/screening requirements, time periods for initiation of construction of Planned Development projects, application and pre -application review periods, and the consolidation of Special Use and Planned Development provisions. The attached amendments address these concerns. Issue statements precede each amendment. The proposed ordiniance amendments, if approved, would clarify and improve the administration of the Zoning Ordinance. The Planning Staff recommends approval of the amendments. AGENDA ITEM 5a ARTICLE 6 SECTION 6.2 (CLUSTER DEVELOPMENT) The staff presentation was made by Smith . There was no discussion on this item. AGENDA ITEM 5b ARTICLE 22 DEFINITIONS (CLUSTER DEVELOPMENT) The staff presentation was made by Smith . There was no discussion on this item. AGENDA ITEM 5c ARTICLE 5 SECTION 5 . 1 .2 (MINIMUM RESIDENTIAL SPACE STAN- DARDS) The staff presentation was made by Collins . He noted that the objectives of this -amendment are to increase recreation space ratios and to establish higher recreation space requirements for densities of R-5 and greater, the difference to be provided in private recreation facilities . AGENDA ITEM 5d ARTICLE 5 SECTION 5. 1 .2 (MINIMUM NON-RESIDENTIAL LANDSCAPING STANDARDS) (ERROR -- NO PUBLIC HEARING ON THIS ITEM) AGENDA ITEM 5e ARTICLE 7 SECTION 7.2.8 ( INITIATION OF PLANNED DEVELOPMENT REZONING CONSTRUCTION ACTIVITY) The staff presentation was made by Smith. There was no discussion on this item. Commissioner Walker left at 11 : 00 p.m. AGENDA ITEM 5f ARTICLE 6 SECTION 6 .21 .2 ( INDIVIDUAL MOBILE HOMES - SCREEN- ING/SKIRTING) The staff presentation was made by Smith . Carey inquired if provisions regarding the crawl space also apply to the unenclosed areas. Smith responded that the cleaning out of natural debris F 18.E wuld apply. , Arnie Katz indicated that he resented the enforcement of aesthetic stan- dards- on mobile homes. Roger Dale Stephens questioned the timing for inspection of mobile homes for compliance with the screening standard, noting that the mobile home needs to settle when placed on a site. Screening would have to be instal- led when the home settles. Commissioner Lloyd inquired who long it takes a mobile home to settle. Stephens responded that it takes sixty to ninety days . Underpinning before the home settles is useless and may result in damaged underpinning . - Collins noted that a temporary certificate ( ninety day option) could be issued. If the screening were not installed, the power could be turned off . Stephens responded that that would solve the project but would increase the burden on the inspectors . AGENDA ITEM 5g ARTICLE 22 DEFINITIONS (SKIRTING) The staff presentation was made by Smith . There was no discussion on this item. AGENDA ITEM 5h ARTICLE 8 SECTION 8.4.2 and 8.4 .6 (SPECIAL USE PERMIT APPLICATION REVIEW PERIODS) V The staff presentation was made by Smith . Commissioner Marshall inquired why additional time was needed, noting that this added to the overall project time. Smith responded that the additional time was needed to assure adequate time for review of projects by the Board and staff . She noted that both the Board and staff process projects in a timely manner, but on occasion additional review time is required and needs to be provided for In the ordinance. AGENDA ITEM 5i ARTICLE 8 SECTION 8.4 (PRE-APPLICATION MEETING FOR SPECIAL USE PERMIT APPLICATIONS) The staff presentation was made by Smith . Planning Board member Jacobs indicated that the need for this step was brought to light in the review and approval process for Scotswood. AGENDA ITEM 5j ARTICLE 7 and 8 (CONSOLIDATION OF PROVISIONS) Jacobs distributed the letter received from Alice Gordon and dated May 27, 1986. He requested that the item be removed from the agenda for further review. The meeting adjourned at 11 :30 p .m. 711IM ORANGE COUNTY BOARD OF COMMISSIONERS ACTIO M/yy�y'*�,T A ACTION AGENDA ITEM ABSTRACT ITEM NO. v .4 MEETING DATE JULY 7, 1986 SUBJECT: AWARD BIDS FOR REVERE ROAD-COUNTY ANNEX RENOVATION *********************************************************************** DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES _X_N© ************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES BID TABULATION EXT 497 PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 DURHAM 688-7331 ************************************************************************** PURPOSE: To consider awarding bids for three sections of the renovation project at the Revere Road County Annex. (Carr Store Building) . NEED: The County, in anticipation of space needs , acquired a building (Carr Store) by entering into a five year lease purchase agreement effective July 1, 1985. In order that the space be utilized to the County's advantage, extensive renovation work is required and has been budgeted in the 1985-86 budget with the second phase being included in the anticipated 1986-87 budget. Bids were solicited on June 25 , 1986 with adequate vendors responding to three of the four construction sections. According to General Statute 143-132, no contract for construction or repairs shall be awarded "unless at least three competitive bids have been received from reputable and qualified contractors regularly engaged in their respective lines of endeavor." Since only two plumbing bids were received, the bid will be readvertised and received on July 15. At the first meeting in August the Board will be asked to award that single remaining section of this project. IMPACT: Contingent upon approval of the appropriation included in the 1986-87 budget, funds will be available to complete the three sections, mechanical , electrical and general as well as provide for the plumbing contract when that bid is received. The monetary impact for the three sections is $229,021 and the architects estimate for plumbing is $30,000 thereby requiring a maximum expenditure for renovation on this project of $259,021. Alternates two, four and five are included in this total figure. RECOMMENDATION: Contingent upon the adoption of 1986-87 budget, recommendation is made to award the bids for renovation of the Revere Street County Annex to D.W. Ward Construction, Durham, NC as general contractor, 1S ! JULY 7, 1986 PAGE 2 AWARD BIDS FOR REVERE ROAD-COUNTY ANNEX RENOVATION including alternates two, four and five for a total of $221,856; O'Dell Electric, Durham, NC as electrical contractor for a total of $26,125; and to Mebane Heating and Air-Conditioning, Mebane, NC as mechanical contractor for a total of $19,000; and to authorize the Chair to sign on behalf of the Board. V CHR Associates, PA Orange County Purchasing Department Bid Tabulation for: 400 West Tyron st., Hillsborough, N.C. 3:00 pm .Tune 25, 1986 ORANGE COUNTY CMMISSIONERS CARR BUILDING RENOVATION General Construction �,a- +"amt- fs#�+nd ply le+ l=acted¢. Contractor 1 Adderkhm Add Add J2Alt.13 Add Add Add Bid Bond Base Bid Received Alt. 1 Alt. Alt. 14 Alt..#5 Included D.W. Ward Construction Co. 'r p ,{ Q �] Q Durham, NC 67244 23p9�o4 13`r,0 1g �� � +QS �, 11.1 ��j ZLI.pQS �`f �48 — C.C. Woods Construction Co. Durham, NC n1064 2 7-?.6e o la 1,Sop 8, f��0 (o r9D hJ 113 Riggs-Harrod Construction Co. /r� Durham, NC X418667 -7 2 7C� 04 3,870 ✓ 7.561) 5%c) n113 31,006 Triad, Inc. Durham, NC #4552 li.M. Kern Construction Co. Creenshoro, NC X93453 N C & A Construction Co. Durham, NC #5295 _ Nb Security Building Co. Chapel hill, NC #4618 = r 00 GIR Associates, PA Orange County Purchasing Department 400 West 1)rron St., Hillsborough, N.C. + Bid Tabulation for: 3:00 pm June 25, 1986 ORANGE COUNTY COMMISSIONER CARR BUILDING RENOVATION 00= Mechanical Construction Contractor 1 Addendun Add Add Add Add Add Bid Bond Base Bid Received Alt. fl lt. 2 AIL.13 Alt. 14 Alt.35 - .Ittcluded Lee Air Conditioning 2 4! j 70 Durham, NC fl1577 cam, 5 0']O Carolina Air Conditioning I� Durham, NC 8468 Mebane Heating & Air Conditioning Mebane, NC P6832 +q' 000 70 19,50 i CUR Associates, PA Orange County Purchasing Department 400 West Tyron St., 13isborough, N.C. Bid Tabulation for: 3:40 pm June 25, 1986 ORANGE COUNTY COM"'SSIOt4EtS CARR BUILDING RENOVATION Electrical Construction Cont 1 Addendum Add Add Add Add Add Base Bid Received Alt. Bid Bond 1 -AIL.-L2 A1t.13 Alt. !4 A1t..05 Included Watson Electric Wilson,NC X9213-U 58 Q Z5 O'Dell Electric Durham, NC X93927-U l� Vaughn Electric Durham,NC */,-U 2�' q10 Modern Electric r 300 Raleigh, NC 02-V ✓ L JRP Electric Alo 7?6A . Chapel Hill NC 05809-U. 67. 1 7q C Q 5°7o Swain Electric A/J L�� _ Durham, NC 08268-U f 191 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. C1 Meeting Date: JULY 7, 1986 SUBJECT: WATER PROJECTS (SENATE BILL 2) DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider approving water projects to be funded with Senate Bill 2 Grant Funds. NEED: On July 15, 1985, the County was notified of grant award in the amount of $242,450 for water projects under the 1985 General Assembly Senate Bill 2. The grant covers the 1985-87 biennium. The grant amount must match the non-federal cost for water projects subject to the approval by the State. The County's allocation must be committed by December 31, 1986, in the form of resolution describing the projects. Any revision to the attached listing of proposed projects will be determined in contact of Water Committee members July 7, 1986. IMPACT: Matching funds are to be as set forth in the resolution. RECOMMENDATION(S) : Approve water projects and adopt resolution committing Senate Bill 2 funds. rmom 194 RESOLUTION WHEREAS, Orange County is eligible to receive $242,450 in Senate Bill 2 funds over a two year period for water projects; and WHEREAS, the Orange County Board of Commissioners have identified water supply projects as the most appropriate means of allocating Senate Bill 2 funds; and WHEREAS, Lake Orange, Ben Johnson Lake, Corporation Lake and Orange Water and Sewer Authority are the water supply projects/ areas requiring improvements. NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that in the interests of increasing the water supply for all citizens, the Board does hereby allocate Senate Bill 2 water funds to the following projects: Lake Orange 1. Install rigid flashboard system across the present spillway crest. 2 . Cut shore line and back fill developed lots. 3 . Raise peers on private lots. 4. Raise boat house and construct retaining wall. 5. Raise road height on west side of Lake. The above projects would raise the lake level one foot, increase water volume from 427, 000 gallons to 478, 000 gallons and increase the safe yield from 2 . 62 to 2 .74 MGD. The total cost estimate is $90, 000 (matching funds: State: $45, 000; Orange County $15, 000, Town of Hillsborough $15, 000, Orange-Alamance Water System $15, 000) . Lake Ben Johnson 1. Install extension to pump shaft. 2. Install siphon to control downstream flow. 3. Modify existing trash guards at pump intake. The measures would seek to conserve and provide for a safe water supply. The total cost would be $21, 000 (matching funds: State $10,500, Town of Hillsborough $10,500) . Corporation Lake 1. Install a six inch meter ($2,500) at the point of the inter-connection of Orange-Alamance Water System and the Town of Mebane Water System and a 12 inch meter ($10,000 at the point of interconnection with the Graham Water System) . 2 . Install siphon to control downstream flow ($1,200) . Conservation of the water supply would be achieved at a cost of $13, 700 (matching funds: State $6,850, Orange-Alamance $6,850) . Orange Water and Sewer Authority (OWASA) 1. Design of booster pump. 19e- 2 . Acquire site for pump station. 3 . Acquire booster pump. These measures would assist OWASA in transferring water to Hillsborough during times of severe drought. The total cost would be $219, 000 (matching funds: State $109,500, OWASA $109,500) . Reservoir Study 1. Conduct reservoir study of Seven Mile Creek and west side of the Upper Eno River at a cost of $60, 000 (matching funds: State $30, 000, local $30, 000) . Land Acquisition for Reservoir 1. Acquire land for an additional reservoir site totalling(matching funds: State $45, 600, local $45, 600) . g BE IT FURTHER RESOLVED by the Orange County Board of Commissioners that the Board fully recognizes Senate Bill 2 grant funds must be matched with local funds at the amount of $242,450 as above indicated. 1 19q Cost Breakdown for Water Projects Lake Orange 1. Install rigid flashboard system across the present spillway crest. 2. Cut shore line and back fill developed lots. $24, 000 3 . Raise peers on p 16, 000 private lots. 15,000 4. Raise boat house and construct retaining wall. 25, 000 5. Raise road height on west side of Lake. 10, 000 Subtotal $90,000 Lake Ben Johnson 1. Install extension to pump shaft. 2. Install siphon to control downstream flow. $ 9, 000 3 . Modify existing trash guards at pump intake.um intake 1,200 10,800 Subtotal $21, 000 Corporation Lake 1. Install six and twelve inch meters at the point of the inter-connection of Orange-Alamance Water system and the Town of Mebane Water System and Graham Water System. 2. Install siphon to control downstream flow. $11,500 1,200 Subtotal $13,700 Orange Water and Sewer Authority (OWASA) 1. Design of booster of pump. 2. Site acquisition for pump station. $11,000 3 . Acquisition of booster pump. 95, 000 195,000 Subtotal $219, 000 f, Reservoir Study Subtotal $60,000 Land Acquisition for Reservoir Subtotal $91,200 Total $484,900 Senate Bill 2 Allocation $242,450 Local Match $242,450 Total $484,900 �9 ORANGE COUNTY BOARD OF COMMISSIONERS Action Ag Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: JULY 7, 1986 SUBJECT: An Ordinance Providing for the Conservation of Water During a Water Shortage, Restricting the Use of Water and Water With- drawals, and Allocating Augmented Streamflow from Reservoirs. DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes _ x No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 ORDINANCE TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider adopting the ordinance upon the first reading. NEED: General welfare and public interest require that the stored water resources of Orange County be managed in such a manner as to provide optimum public benefit, subject to reasonable regulation in order to conserve this resource for the longest duration during a severe drought condition. The proposed ordinance seeks to accomplish this. It esta- blishes successive stages of conservation restrictions (volun- tary, mandatory, severe, stringent, rationing) for the public to follow as conditions warrant. it also establishes for the first time a drought management plan for withdrawals and instream flow releases on the Upper Eno River Basin. Impor- tant features include: 1. Instream flow release as recommended by the State--start- ing at the 7Q16 rate and scaling back to 0 as lower lake levels are reached. 2 . Water transfer from Graham and Mebane subject to the approval of those jurisdiction to a formal request and subject to acceptable cost sharing arrangements being agreed to by Hillsborough and Orange Alamance. 3. Continued back-up support to the OWASA, alert in at lesser amounts per day and staggered over a longer period. This provision is subject to the approval of Hillsborough. 4 . Delayed need for the Orange Alamance Corporation to take its plant off line until the severe levels of the drought. 19 t IMPACT: Rainfall is so far below normal as to cause the conservation portion of the ordinance have to be placed into effect prior to the end of July. RECOMMENDATION(S) : 1. Adopt the conservation portions of the ordinance upon the first reading. 2. Adopt the drought management plan portion subject to the above stated approvals. 19'r AN ORDINANCE PROVIDING FOR THE CONSERVATION OF WATER DURING A WATER SHORTAGE, RESTRICTING THE USE OF WATER AND WATER WITHDRAWALS, AND ALLOCATING AUGMENTED STREAMFLOW FROM RESERVOIRS. /5 CL S/ AV ca.' WHEREAS, University Lake y source of raw water from which the Orange Water and Sewer Authority supplies water to Orange County; and WHEREAS, a critical water supply condition exists on the upper Eno River with only Lake Orange to rely upon in times of drought as a reserve water source for (a) supplying Hillsborough, 0 er and Orange-Alamance, and for (b) augmenting streamflow in the Eno River to assimilate waste discharge from the Town of Hillsborough Wastewater Treatment Plant; and WHEREAS, the level of both University Lake and Lake Orange must be managed to insure that Orange County citizens have essential supplies of water to protect their health, safety and welfare; and WHEREAS, some degree of demand reduction and cooperation by the users of the water in these reservoirs can extend the time and availabi- lity of supplies for all users during critical periods; and WHEREAS, no user has the right to withdraw a disproportionate share of the augmented flow nor reduce natural streamflow such that other downstream riparian needs and instream needs cannot be satisfied; and WHEREAS, General Statutes Section 153A-14authorizes owners of stored water to set rules to govern water allocation during drought periods; and emmm 19c WHEREAS, Orange County has developed conservation rules and an allocation plan based upon monthly raw water withdrawal records, modeling of streamflow conditions as have existed over a 40 year period by the North Carolina Division of Water Resources, and calculation of the 7-day 10 year low flow at Lake Ben Johnson. NOW, THEREFORE, the Board of County Commissioners of Orange County, pursuant to North Carolina General Statutes Section 153A-121, ORDAINS: ARTICLE 1. Water Shortage and Withdrawal/Conservation Restrictions. A. While water is flowing over the Lake Orange spillway normal con- ditions will be deemed to exist with no withdrawal or conserva- tion restrictions to be enforced. A water shortage shall be declared to exist with respect to Lake Orange, whenever the level of Lake Orange reaches the second of seven stages shown on Table 1, or whenever emergencies develop such that citizens cannot be supplied with water to protect their health, safety and welfare without curtailing the water demand. Conservation measures and a limit on withdrawals shall be insti- tuted upon reaching the alert stage and made more restrictive through successive stages of drought in an effort to prolong the availability of water. Each public water user must make allow- ance to pass below its intake facilities the prescribed minimum flow established for its service area plus the proportionate share of other water users ' share plus instream flow need cal- culated for the Eno River below Lake Ben Johnson. Water withdrawal rates for public water users and instream flow releases shall be instituted in the amounts and per the condi- tions shown in Table II. 19'tz• B. A water shortage shall be deemed to exist, with respect to University Lake, whenever the level of University Lake reaches the second of the six stages shown on Table 1, or whenever emergencies develop such that citizens cannot be supplied with water to protect their health, safety and welfare without curtailing the water demand. C. In the event of a water shortage in either University Lake or Lake Orange or both, the Chairman of the Board of County Commissioners is authorized, empowered, and directed to issue a public proclamation declaring to all persons the existence of such state and the severity thereof, and place in effect the restrictive provisions authorized in Article 3 of this ordinance. ARTICLE 2 . Unlawful to Use Water Contrary to Provisions of this Ordinance. The streamflow requirements of the Eno River set forth in Table II, shall be in effect at all times from the effective date of this ordinance. From the effective date of this ordinance it shall be unlawful and a violation of this ordinance for any water user to cause the streamflow to be reduced below the levels herein set or to exceed the transfer limitations herein set unless by written approval on a temporary basis by the Orange County Manager with documentation as to reasons and duration for the exception to the flows. In the event the Chairman of the Board of County Commissioners issues any proclamation authorized by Article 1, then it shall be unlawful for any person, firm, or corporation to use or permit the use of water from the Eno River through the facilities of the Orange-Alamance Water System, Inc. , the Town of Hillsborough, or the Orange Water and Sewer Authority (when supplied by the Town of Hillsborough) and water from any raw water supply within Orange County used by the Orange Water and Sewer Authority, in violation of any of the mandatory restrictions contained in the proclamation until the Chairman, by public proclamation, has declared a particular stage of the water shortage to 20L. be over and the restrictions applicable to it no longer in effect. In light of the many benefits that can be derived by conserving water, all persons, firms, or corporations in Orange County using any of the water supplies which are the subject of this ordinance should follow water conservation practices regardless of the time of year or whether or not a water shortage exists. Water conservation should be followed during all phases of construction-related activities. Water needed should be obtained from supplemental sources other than the Eno River portion lying above the de 4i,E-) Hillsborough Waste Treatment Plant. (Non-esse tial construction-related acti- vities) which require water should not be undertaken during a declared water shortage. Where water for construction is needed from the Eno River written AN such w,.fer sl...// b e. permission shall be obtained from a water providing utilit a as"or •i n P g y, portion of the an utility's water allocation py of the wi k 49 co Al ^ approva V to the Orange County Manager.)rns eol . s iL// 6e use/uerea( ARTICLE 3 . Restrictive Measures in Effect at Each Stage of a Water Shortage. The severity of the water shortage shall be determined by the emer- gency or the level of University Lake and Lake Orange as shown on Table 1. A. In the event the water level of University Lake declines to a stage II level above mean sea level, in feet, a stage II water shortage ALERT shall be deemed in effect. In the event the water level of Lake Orange declines to a stage II elevation of water below Lake Orange spillway, in feet, a stage II water shortage ALERT shall be deemed in effect. When a water shortage ALERT is in effect the following voluntary water restrictions are imposed: 1. Use shower for bathing rather than bathtub and limit shower to no more than four (4) minutes. 2. Limit flushing of toilets by multiple usage. rMMM 201 3 . Do not leave faucets running while shaving or rinsing dishes. 4. Limit use of clothes washers and dishwashers and when used, operate fully loaded. 5. Limit lawn watering to that which is necessary for plants to survive. 6. Water shrubbery the minimum required, reusing household water when possible. 7. Limit car washing to the minimum. 8. Do not wash down outside areas such as sidewalks, patios, etc. 9. Install water flow restrictive devices in shower heads. 10. Use disposable and biodegradable dishes. 11. Install water saving devices such as bricks, plastic bottles or commercial units in toilet tanks. 12 . Limit hours of operation of water-cooled air conditioners. B. In the event the water level of University Lake declines to a stage III level above mean sea level, in feet, a stage III water shortage WARNING shall be deemed in effect. In the event the water level of Lake Orange declines to a stage III elevation of water below Lake Orange spillway, in feet, a stage III water shortage WARNING shall be deemed in effect, and in addition to the restrictions heretofore imposed, the following moderate mandatory water restrictions shall be in effect. It shall be unlawful to use water from the public water system supplied by the Town of Hillsborough, Orange Alamance Water System or the Orange Water and Sewer Authority for the following purposes: 1. To water lawns, grass, shrubbery, trees, flower and vegetable gardens except as follows: a. Customers located outside the OWASA Service Area may zoo water lawns, grass, shrubbery, trees, flowers and vegetable gardens during Saturday or Sunday evenings between the hours of 6: 00 p.m. and 9: 00 p.m. b. Customers within the OWASA Service Area located to the south of the centerline of NC 54 West, Main Street in Carrboro, Franklin Street, and US 15/501 Boulevard may water lawns, grass, shrubbery, trees, flower and vegetable gardens on Saturday evening between the hours of 6: 00 p.m. and 9: 00 p.m. Customers located to the north of the centerline of NC 54 West, Main Street in Carrboro, Franklin Street, and US 15/501 Boulevard may water lawns, grass, shrubbery, trees, flower and vegetable gardens on Sunday evening between the hours of 6:00 p.m. and 9: 00 p.m. c. All such watering is to be done by hand-held hose or container or drip irrigation system. 2. To fill newly constructed swimming and/or wading pools or refill swimming and/or wading pools which have been drained. A minimal amount of water may be added to maintain continued operation of pools which are in operation at the time the provisions of a stage III WARNING are placed into effect. 3 . To operate water-cooled air conditioners or other equipment that does not recycle cooling water, except when health and safety are adversely affected. 4. To wash automobiles, trucks, trailers, boats, airplanes, or any other type of mobile equipment, including commercial washing. 5. To wash-down outside areas such as streets, driveways, 2a Lt service station aprons, parking lots, office buildings, exteriors of existing or newly constructed homes or apart- ments, sidewalks, or patios, or to use water for other similar purposes. 6. To operate or introduce water into any ornamental fountain, pool or pond or other structure making similar use of water. 7. To serve drinking water in restaurants, cafeterias, or other food establishment, except upon request. 8. To use water from public or private fire hydrants for any purpose other than fire suppression or other public emergency. 9. To use water for dust control or compaction. 10. To use water for anyCinnecessary) purpose or to intentionally waste water. der.hne The owner or occupant of any land or building which receives water from Orange Water and Sewer Authority and that also utilizes water from a well or supply other than that of Orange Water and Sewer Authority shall post and maintain in a prominent place thereon a sign furnished by Orange Water and Sewer Authority giving public notice to the use of the well or other source of supply. It shall be unlawful to use water from the Eno River through the facilities of the Town of Hillsborough, the Orange-Alamance Water System, Inc. , and the Orange Alamance Water Corporation for the following purposes: 1. To water lawns, grass, shrubbery, trees, flower and vegetable gardens except between the hours of 6: 00 p.m. and 9: 00 p.m. on Saturdays and Sundays. 2 . To fill newly constructed swimming and/or wading pools or refill swimming and/or wading pools which have been drained. A minimal amount of water may be added to maintain continued operation of pools which are in operation at the time the mmommmmmallP 20u provisions of a stage III WARNING are placed into effect. 3. To operate water-cooled air conditioners or other equipment that does not recycle cooling water, except when health and safety are adversely affected. 4. To wash automobiles, trucks, trailers, boats, airplanes, or any other type of mobile equipment, including commercial washing. 5. To wash down outside areas such as streets, driveways, service station aprons, parking lots, office buildings, exteriors of existing or newly constructed homes or apart- ments, sidewalks, or patios, or to use water for other similar purposes. 6. To operate or introduce water into any ornamental fountain, pool or pond or other structure making similar use of water. 7. To serve drinking water in restaurants, cafeterias, or other food establishment, except upon request. 8. To use water from public or private fire hydrants for any purpose other than fire suppression or other public emergency. 9. To use water for dust control or compaction. 10. To use water for any unnecessary purpose or to intentionally waste water. The owner or occupant of any land or building which receives water from the Orange-Alamance Water System, Inc. or the Town of Hillsborough and that also utilizes water from a well or supply other than that of Orange-Alamance Water System, Inc. or the Town of Hillsborough shall post and maintain in a prominent place thereon a sign furnished by Orange County giving public notice to the use of the well or other source of supply. 2 O .. C. In the event the water level of University Lake declines to a stage IV level above mean sea level, in feet, a stage IV water shortage DANGER shall be deemed in effect. In the event the water level of Lake Orange declines to a stage IV elevation of water below Lake Orange spillway, in feet, a stage IV water shortage DANGER shall be deemed in effect, and in addition to the restrictions heretofore imposed, the following severe mandatory water restrictions shall be in effect. It shall be unlawful: 1. To water or sprinkle any lawn. 2 . To water any vegetable garden or ornamental shrubs except during the hours of 6: 00 p.m. to 9:00 p.m. on Saturday. 3 . To make any non-essential use of water for commercial or public use, and the use of single service plates and utensils is encouraged and recommended in restaurants. D. In the event the water level of University Lake declines to a stage V level above mean sea level, in feet, a stage V water shortage EMERGENCY shall be deemed in effect. In the event the water level of Lake Orange declines to a stage V elevation of water below Lake Orange spillway, in feet, a stage V water shortage EMERGENCY shall be deemed in effect, and in addition to the restrictions heretofore imposed, the following stringent mandatory water restrictions shall be in effect, and in addition to the restrictions heretofore imposed, the following severe mandatory water restrictions shall be in effect. It shall be unlawful: 1. To use water outside a structure for any use other than an emergency use involving fire. 2 . To operate an evaporative air conditioning unit which recycles water except during the operating hours of the 20i business. 3. To introduce water into any swimming pool. E. In the event the water level of University Lake declines to a stage VI level above mean sea level, in feet, a stage VI water shortage CRISIS shall be deemed in effect. In the event the water level of Lake Orange declines to a stage VI elevation of water below Lake Orange spillway, in feet, a stage VI water shortage CRISIS shall be deemed in effect, and a system of water rationing shall be put in effect in addition to all previously imposed restrictions. In the event of water rationing in which water will be supplied in the minimal quantities required for the health, welfare, and safety of the citizens in accordance with a program determined by Orange County: 1. It shall be unlawful to fail to act in accordance therewith or use water in any manner or attempt to evade or avoid such water rationing restrictions. 2. Fire protection will be maintained, but where possible tank trucks shall use raw water. ARTICLE 4. Penalties. A. Any violation of the provisions of this ordiance shall constitute a misdemeanor, punishable upon conviction by a fine not to exceed $50.00 or imprisonment not to exceed thirty days, as provided by N. C. General Statute Section 14-4. Any such violation may be enjoined, restrained, or abated as provided by N. C. General Statute Section 153A-123 (d) and 153A-123 (e) . B. If any section, subdivision, clause or provision of this ordi- nance shall be adjudged invalid, such adjudication shall apply only to such section, subdivision, clause, or provision so 20 / adjudged, and the remainder of this ordinance shall be deemed valid and effective. C. All Ordinances and clauses of Ordinances in conflict herewith are hereby repealed. D. This Ordinance shall become effective when adopted. Adopted this the day of 1986. TABLE II DRAFT DROUGHT MANAGEMENT PLAN ORANGE COUNTY, NC C WITHDRAWAL REDUCTIONS THROUGH CONSERVATION &:WATER TRANSFER PERCENT ELEVATION OF WATER USAGE/ALLOCATION LIMIT-MGD ACTION STORAGE AT WATER BELOW AVAILABLE SY TARGET PERCENT STAGES LAKE ORANGE SPiLLIHAY 30 YEARS REDUCTION TEiRU ORANGE PIEDMONT INSTREAM CONSERVATION HILLSBOROUGH OWASA ALAMANCE MINERALS FLOW TOTAL r• Normal 100% 0 2.32 Assumed (Below Eno River normal 2.20 Lake Orange water) .12 Lake drange None 1.80 .50 .80 .15 1.10 4.35 II. Alert 80$ 2 ft. 2.32 Eno River 10% thru voluntary 1.60 .40 Possible restrictions .72 '13 •65 3.10 additional - quantity G/M/B 2.72 III.Warning 60% 4.2 ft 2.72 15% thru mandatory 1.53 .68 .12 .39 2.72 IV-Danger 40% 5.6 ft. restrictions 2.72 17% Severe mandatory 1.50 .66 .12 0 1.07 Possible restrictions 2'28 additional quantity G.M.B' 4.09 V. Emergency 30% 9 ft. 4.00 24% Stringent .1.37 .60 .11 0 2.08 mandatory restrictions VI. Crisis 20% 11 ft. 4.00 55% water rationing .80 .36 .06 0 1.22 VII.Dead Pool p$ 0 • ' 204• ORANGE COUNTY Action AgNa BOARD OF COMMISSIONERS Item No. tJn. ACTION AGENDA ITEM ABSTRACT • MEETING DATE July 7, 1986 1 Subject: Resolutions and/or Policy Statements for the 1986 NCACC Annual Conference Department: BOARD OF CO}NMISSIONERS ( r Public Hearing: Yes X no Attachments: Information Contact: Don Wilihoit Conference Bulletin ti one Numbers: 732-8181, 968-11501, 227-0231 PURPOSE: To provide to the NCACC any proposed resolutions or policy statements for consideration at the.1986 Annual Conference to be held August 14-17 at Winston-Salem. NEM: Resolutions or policy statements formulated and approved by official action of the Board, • RECOMMENDATION: As the Board decides. r, 1 MAY 29 1986 • ri►7:{fir! . :a (0:411- NORTH CAROLINA ASSOCIATION OFCOUNTY COMMISSIONERS RALEIGH BUILDING • • P. O. BOX 1488 •. RALEIGH, NORTH CAROLINA 27602 • TELEPHONE 919/832-2893 MEMORANDUM TO: County Chairman, Managers & Affiliate Presidents FROM: C. Ronald Aycock, Executive Director DATE: May 28, 1986 SUBJECT: 1986 Annual Conference Resolutions Procedure/Association Policy Statements Within the next few weeks, information and reservation forms for the 1986 NCACC Annual Conference in Winston-Salem, August 14-17, will be mailed to county officials. Association President Virginia Oliver is requesting that resolutions to be voted on at the Annual Conference in Raleigh be submitted to the Association headquarters no later than July 18, 1986. This submission date will enable us to publish proposed resolutions in CountyLines prior to the beginning of the Conference. The rules governing the resolutions process are set forth in Article VII, Section 1 of the Association Constitution, which reads as . follows: Section 1: Submission of Resolutions to Resolutions Committee. A resolution may be submitted for consideration by the Resolutions Committee at the annual meeting of the Association in one of the following ways: (1) By official action of a member board of county commissioners; (2) By official action of a standing or special committee of the Association; (3) By official action of an affiliate organization of the Association; (4) By motion of a member of the Resolutions Committee. The Association Board of Directors will serve as the Resolutions Committee. Resolutions Committee meetings at the Annual Conference are scheduled as follows: • Thursday, August 14 -- 10: 00 a.m. Friday, August 15 -- 5: 15 p.m. - MORE . • MEMORANDUM _ 211 -2-- We are enclosing a copy of the present Association Policy Statements which were re-adopted last year. The intent of the Policy Statements is to give some continuity and consistency in its policy positions. These statements will be examined and amended where appropriate at this year's Annual Conference. • The Association's Taxation and Finance Steering Committee has proposed. some amendments to that portion of the Policy Statements dealing with tax issues. These amendments were approved by the Board of Directors on May 22, 1986 and will be submitted for consideration by the delegates at the Annual Conference. Copies of these and any other proposed amendments to the Policy Statements will be published in the July 23rd edition of CountyLines. PLEASE SUBMIT YOUR RESOLUTIONS OR SUGGESTED CHANGES IN THE POLICY STATEMENTS TO THE ASSOCIATION OFFICE BY JULY 18, 1986! Resolutions Procedure/CONF86 The most serious problems with the prape.,Jy tax are summarized-below. • Ownership of real property is no longer an accurate indicator of wealth or ability to pay.' • The property tax is the most regressive form of taxation available to countles • The property tax base is only marginally responsible in the short term to changes in the Noi n� h economy: if counties are expected to participate as partners with the state in providing-6 variety of services and the facilities to mouse these functions they must have access to alternative revenue resources that are responsible to economic change and equitable in terms of L;a u, i now Impact on residents.The Association will support efforts to attain reform of the property. tax system and alternative sources of revenues for counties. ■ . j Fis I Integrity of Counties u4junties . the continued fiscal health of county government depends upon: • State laws which provide for sound financial management practices that are adaptable- to the special needs of each county. / • Guidance from appropriate state agencies on necessary improvements in accounting, / reporting and auditing procedures. =411kea ff I& Ut • Recognition by state agencies which oversee programs operated by county. governments that there have been significant improvements in budgeting and fiscal management practices at the county level. In order to enhance the fiscal integrity of counties, the Association of County Commissioners will continue to support changes in the state law which will improve financial management practices and reduce inconsistencies in fiscal procedures among General policy staternents adopted by delegates to the 1984 { programs administered by county governments. Annual Conferencd of the North Carolina Association of 1 County Commissioners. Financing Pubic Facilities . County governments have the rims g primary responsibility for financing public school facilities. I jails, court buildings and administrative buildings, Historically, county commissioners have utilizied bond issues to provide the revenues for these responsibilities.Sweeping' i changes in the public bond market and uncertainty regarding interest rates have made this form o'financing less attractive, Accordingly,the Association will.work with the Local Government Commission to find suitable alternative means 'of financing necessary public facilities. The Association believes that revisions In the traditional approach to icing-term financing of public facilities must provide financially feasible ways of providing multi-year financing of capital projects without jeopardizing fiscal well-being of county governments, N.C.Association of County'Commissioners P.O. Box 3488 Rarer SIC 27602 . . - . (919)832-2893 Introductio' n. ,..' .. . .. Taxation ::. , In April, 1984. four special committees were appointed by then-Association President.- Forrest E.Campbell to examine major areas of county government interest.This concept. of special committees had been conceived one year earlier by an Association study Finaw%,&%e commission appointed by 1981,82 President Grover Lancaster.As part of their newduties, the fourspecial committees were asked to define and refine Association policy positions in each of four areas of interest:General Government;Human Resources;Elementary and ' Secondary Education;and Taxation and Finance.The resulting policy statements listed below were endorsed by the North Carolina Association of County Commissioners Board of Directors and later were adopted by the delegates attending the 1983 Annual Conference,The policy statements were re-adopted at the 1984 Annual Conference. Introduction The North Carolina Association of County Commissioners establishes a principal the goal of providing control of essential services at the level of government most capable of delivering them. Counties can not be an effective partner with the state and federal -*� government if increased funding must be through increases in property taxes,one of the _w °'�"{_:• most regressive taxes in existence and currently the counties'primary revenue source. r Any restructuring of responsibilities should be coupled with a restructuring of revenue Generco-O sources for counties in order that the sources of revenue are reflective of the economy• co omy rn the same proportion as those of the state.Accordingly,the Association will pursue the Gi 1 IVI It f overn Moto%Aft,aft f policies outlined below. Refining Mandates and Financing County officials recognize their responsibilities to,carry out policies formulated by the `- Genera!Assembly.At the same time,state policy makers should recognize the limitations of the county revenue base and the variations in revenue producing capabilities among j 'Introduction counties in mandating programs for county financial participation. The division of responsibilities for financing mandated programs should be drawn as The North .Carolina 'Association of County Commissioners hereby affirms its follows: constitutional premise that'Counties,like individuals,cannot profitably and happily exist In isolation.Their destinies are intertwined. They must progress or fail together.Their • .Where the state has mandated county financing in broad terms, permitting courty . problems are largely the same;if they are to be solved speedily and effectively,all counties : commissioners discretion as to the level of service to be provided,counties should have must-bond themselves together to work for the common good.Many common problems the primary responsibility for financing. exist among the counties of North Carolina and; where common problems exist, cooperation is necessary." . . • In those cases where the General Assembly has deemed that a service should be . _ J: equally available to all state residents regardless of where they live or the ability of Purpose of Counties county officials to finance the service,the state should have the primary responsibility. II - County financial participation should be limited to sharing the administrative costs of f The North Carolina Association of County Commissioners establishes as a basic the program. 1 objective the strengthening of general Purpose coon Those services initiated by the federal government to provide income maintenagce for 1 9 9 9 p p county government The primary function of a county is to serve state purposes and to perform state functions in a given all citizens should be financed by the federal government.State and county financing geographical'area The county Is an agency of the state.Counties have In recent years responsibilities should be limited to administrative costs. acquired the legal authority.to provide certain urban services to.rural residents,but their 'The'Mix of County Revenues IV . Primary purpose - to serve as agencies of the state for the convenience of-local administration - has not changed: Counties have a special responsibility as the only The property tax is the traditional source of revenue for local governments.Howevt;�the general purpose unit of Cocal government that reaches all the people, demands of modem government require responsive revenue sources. Commissioners should ensure that funds to provide'for community treatment of the j mentally ill are provided to community programs, not retained in the institutions. Local hospitals should be encouraged to assume a role of assistance in the treatment of the Human severely disturbed.Local health departments should be adequately funded to assist in the s Increased demand for outpatient services which results from transferring the emotionall Y and mentally disturbed into the community setting.The state should bear the total costs of Resources treatment,education,and housing of severely emotionally disturbed and assaultive youth classed as"Willie M". Single Audit The CofSitept of a §Ingle eounty'audit sufflalent for all state sgenay needs shQr�l encouraged.Where additional compliance audits are necessary.the state should perform one compliance audit for all programs at one time. Introduction Comprehensive and efficient human services, including social services, health, and mental health programs,are essential to human well-being in our present society.These services must be clearly defined and adequately funded. State mandated services delivered at the county level should be financed from state revenue sources in order for every citizen of North Carolina to receive a substantially similar degree of service. Elementary/ State/County Relationshlp d a r y. 4 County commissioners should play a major role in the development of the state's human +f services policies. Both fiscal and administrative changes in such policies should be �atiol Preceded by close negotiations between the state and counties to determine the impact on E d. county governments. rr The'North Carolina-Association of County Commissioners should establish a formal written procedure,in cooperation with the Office of the Attorney General,forthe handling of litigation affecting county governments statewide,whether filed in the nameof a county or the state,to ensure that the counties have adequate in-court representation and that our Interests are considered in any.out-of-court agreements. The Association believes that every child should have an equal opportunity to achieve excellence through public education. Recognizing that public education is a major County commissioners should have legislative authority to appoint all members of an area responsibility of a civilized state, the Association believes that total.state resources are mental health board, social service board or a district health board that represent their necessary to support and assure such equal opportunity.The Association further believes ' p that citizen control a public schools is both necessary and desirable to guarantee particular county,including those removed from office for cause by those independent continued widespread understanding of support for ihls major responsibility of boards... government:the education of its people.County government must play a significant role Medicaid as a focal point for citizen control,but joint cooperative act!on between.boa rds of county commissioners and local school boards is.imperative. And, the free exchange of Nationwide it has been recognized that revenue sourc:es'generally available to county nformation and ideas among the North Carolina Association of County Commissioners, tY the North Carolina School Boards Association, and the.North Carolina Department of governments are not sufficiently progressive to keep up with escalating medical costs.The Public Instruction is necessary to promote a full and open understanding of the varietyof North Carolina Association of County Commissioners should work toward the gradual. issues related to public education: State takeover of the counties'share of the Medical Assistance program. Delnsfitutlonallzallon Clarifying State and County Financial Responsibility The conversion of our human services system for the treatment and rehabilitation of the The division of responsibility between the state and counties for financing public school mentally ill and substance abusers from one based on large institutional settings to one the�aswhich ewars established by the Genera!Assembly in 1933 has become blurred during based on community services has far-reaching implications for counties,not just in terms for the'instructional and upport program costs which are f�he responsibility of the state. of funding but also from the standpoint of available appropriate services.employment,and Oa the offer public acceptance V rmiclential programs.The North Carolina Association of County school facilities which s a responsibility reOf coF untt�c bond issues to assist in Tinanc+rag y government. Hssociallon believes that it is Incumbent upon the General Assembly to reexamine the lntergovemmerM Relaffonships ' i existing division of responsibility,keeping in mind: - } 1., The Constitutional guarantee of equal educational opportunities for the children of The Association believes strongly in maximum.iocal authority consistent with attainment I North Carolina; of statewide objedmes.To this end,we believe inflexibility of form,function and finance. 2. The limitations of county government revenue sources; 3. The impacts of changing technologies as these affect the concept of basiceducational The North Carolina Association of County Commissioners endorses the following basic needs and the jab market in the suture; and, governmental philosophy.(i) leave to private initiative ail the functions that citizens can 4.'That, if county governments are to remain responsible for school facility needs. Worm privately,(2)use the level of government closest to the community for all public. commissioners must have the authority to assure that funds appropriated to meet these -:. functions it can handle, (3) utilize cooperative Intergovernmental agreements where needs are used accordingly appropriate to attain economical performance and popular approval; and (4) reserve national action for residual participation where state and local governments are not fully- i Further;It' Association believes that county commissioners must be diligent in carrying adequate and for the continuing responsiblities that only the national government can out their financing responsibilities for school facilities.The changing nature of capital undertake.There Is a need for state and national leadership to develop programs for the financing arrangements will necessitate greater attention to long-range financial wise conservation and Utilization of our country's natural resources potential.Counties, 1 planning.School building needs must be considered in the context of all facilities which cities and towns should play an important role in such program development,with local j con^ iissioners are required to finance. administrative responsibility vested in general purpose local governments acting singly or collectively. Sound land use planning is a component of ordered development of our G arty Commissioners and Local School.t3oards state's resources;and state-local cooperation is necessary to promote land use planning. County governments,acting singly,collectively,or with cities and towns,should have the e Association urges continuing and close cooperation between boards Of major responsibility for land use-planning. An essential.part of comprehensive and commissioners and local boards of education.As local elected officials,commissioners balanced development planning is a transportation network safe for all citizens.This . } and local board members can 'be more effective by acting in unity.to promote should be of paramount concern to all levels of government In this state. improvements in public education,especially in the area of sufficient state financing for a duality basic education. Objectives pi.the Association , . County Government and State Policy The North Carolina Association of County Commissioners has traditionally maintained that Its lobbying efforts should not be utilized on behalf of individual counties seeking The Association will support efforts by state policy makers which, €n the view of county legislative remedy for problems not statewide in nature.The Association should direct its i commissioners, will lead to substantive improvements in the state supported basic lobbying efforts toward the support of sound legislation beneficial to the-administration of elementary and secondary education programs available to the children of North_ all counties'affafrs,and to the opposition of legislation Injurious to the counties as a body. Carolina.Further,the Association believes that state policy makers should recognize the potential impact which changes in the state supported education program will have on the . facility needs of local school systems. is - DRAFT 6-10-86 PLANNING BOARD MINUTES AGENDA ITEM 10A Z-6-86 JAMES AND MYRA KIRKMAN The staff presentation was made by Collins. The purpose of this item is to consider a proposed rezoning request submitted by James and Myra Kirkman for recommendatio to the Board of Commissioners. James and Myra Kirkman are requesting a rezoning for 1 . 18 acres of land located on a state maintained unpaved access road leading to U.S . 70 at the southwest corner of the intersection of U.S. 70 and interstate 85 in Eno Township. The property is known as Lot 77B of Tax Map 25 for Eno Township. The parcel contains 1e18 acres or 51 ,400 square feet. . The property is located within an area designated Twenty Year Transition and Commercial- Industrial Transition Activity Node in the, Orange County Land Use Plan . The present zoning classification of the property is Rural Residential (R-1 ) . The applicant is requesting the lot be rezoned to General Commercial - IV (GC-4) . Approval of the request would allow development of the full range of commercial uses at this location . Rezoning of the property would allow for the expansion of the commercial uses in the area as a single commercial development or, alterna- tively, through the subdivision of the property into individ- ual lots for commercial development dependent on the provi- sion of public water and sewer services . The Planning Staff recommended approval of the geaerai rezoning. There was no discussion on this item. MOTION: Best moved approval of the general rezoning request and positive findings. Kramer seconded the motion .` VOTE: Unanimous. (Jacobs out' of the room) oRker 6-16-gc «?3. 14/AIIJrE5 and is served by the Orange Rural Fire Department. . Approval of the request would allow 47 new single family dwelling units on the 29.21 acres. Soils in the area are Georgeville, Tatum and Enon . Georgeville and Tatum, which cover most of the tract, have slight to moderate limitations for building site development. Enon has severe limitations due to shrink swell potential and low strength . Cates Creek borders the southeast corner of the tract. A 100 year flood plain is adjacent to the creek and extends into the property in question. The Planning Staff recommends approval . AGENDA ITEM #5e: PROPERTY SURVEYED FOR RANDY L AND. SHERRY H DUNN PRELIMINARY PLAN Presentation by Atwater. The purpose of this agenda item is to consider approval of the Preliminary Plan for the property surveyed for Randy L . and Sherry H. Dunn . The property in question is located on NC Highway 57 in Little River Township . The property is referenced as part of Lot 1 of Tax Map 5. It is bordered by agricultural and residential development. The tract is designated as Agricuitual Residential on the Land Use Plan . There is one ( 1 ) lot proposed out of 29.629 acres . The lot size is 4.40 acres excluding the right-of way. Little River Township is not zoned; however, the Subdivision Regulations requires lots which are served by on site sewage disposal and water systems to be at least 40,000 square feet and that each lot abut the street or road with a frontage of at least 20 feet. The tract is served 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 projected traffic generation for this subdivision is approximately 9 .51 (9 .51 trips x 1 lot) trips per day. According to the Department of Transportation, the 1984 (most current) traffic count for NC Highway 57, determined from the north side of SR 1003, is 800 average daily trips. WL • The Planning Staff recommends approval of the Preliminary Plan contingent upon the following condition: --name of the owner be indicated on the plat. Atwater indicated the property owner is Gladys Laws and this is the fourth lot to be subdivided out of the original tract which makes this a major subdi- vision . MOTION: Shanklin moved to recommend approval of the prelim- inary plat for Randy and Sherry Dunn. Seconded by Walters. VOTE: Unanimous. (Best out of the room during this vote) . AGENDA ITEM #5f: LAKE HOGAN LANE - PRELIMINARY Presentation by Atwater. The purpose of this agenda item is to consider the Lake Hogan Lane Subdivision, property of Lucy Carol Davis, for approval . The property in question is located on SR 1728 (Lake Hogan Farm Road) in Chapel Hill Township. The property is referenced as Lots 23 and 23A of Tax Map 109 . It is bordered by agricultural and residential development. The tract is designated as Twenty Year Transition on the Land Use Plan . This property is within the Joint Planning Area which requires courtesy review from the Carrboro Planning Department. There are seven (7) lots proposed out of 13.9 acres. The lot sites are 2.9 acres, 1 .6 acres and 1 .7 acres (5 lots) excluding the rights-of-way. The property is zoned R-1 (Rural -Residential ) . An Orange County Class "B" private road (Lake Hogan Lane) is proposed to provide access to the lots in the subdivision . Fire protection for the property is provided by the South Orange Fire District. Law enforcement is provided by the Orange County Sheriff 's Department. If will be patrolled on a 24-hour basis. Development of this subdivision would have minimal impact on the area. The protected traffic generation for this subdivision is approximately 66.57 (9.51 x 7 lots) trips per day. According to the Department of Transportation, the 1985 (most current) traffic count for SR 1777 (there was no traffic count conducted for SR 1728) , determined from the eastern intersection with SR 1834, is 2900 average daily trips. 01RAFT PB MINUTES —110-11/(6. PAGE 9 Fieldstream -- Section II due to professional' conflict of interest. AGENDA ITEM $5h: WAKSTAFF PARK -- PRELIMINARY Presentation by Kirk - The purpose of this agenda item is to consider . approval of the Preliminary for Waxstaff Park Subdivision. • • The property in question is located in .Cedar Grove Township off 19111 Creek Road - (SR 1343) . It is referenced as part of lot 22 of Tax Map 40. The developer is proposing a Class .8 private road to serve the proposed lots. The tract is bordered by undeveloped land with residential lots along Mill Creek Road. . - There are five (5) lots proposed out of 4.6 acres. Individual wells and septic tanks are proposed and . each lot is .92 acres in size. The property is not zoned and istocated in Cedar Grove Fire District. A 1985 traffic count on Mill Creek Road indicated 700 trips per day north of SR 1340 (High Rock Road) . Using 9 .51 trips per day per residences an additional 48 trips per day would be generated on Miil Creek Road. The Planning Staff recommends approval with a 10 ' x 70 ' sight triangle easement recorded at the i ntE.r sect i on a . pro;;_ sc:d a, - i ! i C .eT Rce c n recommended by the Department of Transportation . Hubbard inquired if the 10' x 70 ' sight triangle easement is standard or if the Planning Board might wish to require a larger easement. Kirk responded that this is the state requirement for a paved state maintained road. Kizer inquired about a bank that could possibly prevent the creation of a 10' x 70' sight distance easement. Yuhasz responded the property was flat at • this point and Kirk noted that NCD-OT had approved the sight distance. Hubbard continued that he would like to understand the significance of 10' x 70 ' . It was noted that this could be referred to the Transportation Committ- ee for further study. Best noted that he felt there - would be no changing of the rules of NCDOT since this is the standard sight distance approved by NCDOT. Jacobs noted that the Transportation Committee could • • DRAFT PB MINUTES PAGE 10 study the adequacy of the 101 bu 701 sight distance. MOTION: • Shanklin moved approval of they preliminary plan for Waxstaff Park with the staff condition. Seconded by Walters. VOTE: 7 in favor. 1. abstention (Yuhasz) . • AGENDA ITEM #51 : FIELDSTREAM -- SECTION II - PRELIMINARY Presentation by Kirk. - The purpose of this agenda item is to consider approval of the Preliminary Plan for Section Two " Fieldstream. The property in question is located in Little River Township off Guess Road (SR 1003) . It is referenced -- as lot 2 on Tax Map 19 . The owner is proposing a private Class B. road (Fieldstream Drive) which will be extended from section one of Fieldstream sudivision . The tract is bordered by undeveloped wooded land with the North Fork of the Little River just north of ; to prcyer- ;y . There are five (5 ) lots proposed out of 9.59 acres . Individual wells and septic tanks are proposed . The smallest lot is 1 .02 acres and the largest lot Is 2.89 acres. Access to the subdivision Is to be provided via Guess Road and Fieldstream Drive. A 1985 traffic count on Guess Road indicated 1300 trips per day Just south of the intersection with NC 57 . Using 9.51 trips per day per residence, an additional 48 trips per day would be generated on Guess Road . The tract is located in an area designated as Rural Residential in the Land Use Plan. It is also located in the Little River Fire District. The Planning Staff recommends approval . - APPLICATION SUMMARY 1. APPLICANT 2. DATE Original, dated: a. Name: Orange County b. Street/P. O. Box: 106 East Margaret Lane Amendment,dated: c. City: Hillsborough 3. TYPE OF APPLICANT d. Zip Code: 27278 ,City . c. County: Orange County f. Contact Person: Tara L.- Fikes - g. Telephone No.: 919-732-8181 Ext. 425 h. Preparer of Application: Tara L. Fikes 7. CDBG FUNDS t b 4. PROGRAM CATEGORY 5. PROJECT 6. PROJECT NAME I • CODE NUMBER REQUESTED C 1 Northern Fairview $938,000.00 • :'r : 8. L0 LOCAL OPTION ACTT VITI E5 :; :ti:: ::Kki:•:ti-:v:•:•:�.... 'r:'r: ....;: ;.;: {: {::'r tiv: :: ;:::}:{::tititir: r:: -::•::•: :•: :•:•:- I ; :16'• =:....::.•:::• :::.:::::::::::::::::::•:;:::•::;:::::• :::::•:.::: :.:_•:::::._:: :: :•:::•:::: := :�: = 9. TOTAL :::::::...,...::�:::::•::: ..::::::.:. :. $938.000.00 10. CERTIFICATION b. Typed Name and Title of Chief Elected Official a. To the best of my knowledge and belief, data in this lbn Willhoit , Chairman application is true and correct, the applicant has Orange County Board of Commissioners provided opportunities for citizen participation and c. Signat�rre access to information concerning the proposed 'activities, the document has been duly authorized by the governing body of the applicant and the applicant will comply with the attached certifications if the d. Date assistance is approved. 7 /fit I FOR NRCD USE ONLY 13. ACTION TAKEN 11. DATE RECEIVED 14. AMOUNT FUNDED a. Community Revitalization $ Funded b. Economic Development $ 12. APPLICATION NUMBER Not Funded c. Development Planning . Withdrawn d. Urgent Needs/Contingen $ e. Local Option ry $ f. Total $ I CDBG 86-1 - Ih RESOLUTION AUTHORIZING EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT - ter Whereas, the Orange County Housing and Community ar:7?or.- rt=te" (herein called the "PHA") proposes to enter into an Contract (herein called the "Contract") with the Uni :.: Stake America, Department of Housing and Urban Development ,:.,.ereie .sa: the "Government"). NOW, THEREFORE, BE IT RESOLVED by the PHA as follows: Section 1. The Contract, numbered Contract No. A 2903 is hereby approved and accepted both as to form and substionaad Chairman of the Board of Commissioners is hereby authorized and ted (Title of Officer) to execute said Contract in triplicate on behalf of the PH imi the" - Clerk of. -- - - Board of Commissioners - is hereby authorized and di -to - -(Title of Officer) - - - - _ _ impress -and attest the official seal of the PHA on each sudi counterpart and to forward said executed counterparts to t� Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The County Manager is hereby authorized (Title of Officer) to file with the Government from time to time, as monies are required, requisitions together with the necessary supporting document, for payment under the Contract. Section 3. This Resolution shall take effect immediately. SEAL ATTEST: Clerk to t e Board EXHIBIT A TO AGREEMENT for DEMOLITION, LOT CLEARING AND HAULING SERVICES between COUNTY OF ORANGE, NORTH CAROLINA and R. W. Jones Grading and Hauling Company • Exhibit A LOCATION DESCRIPTION FOR DEMOLITION, LOT CLEARING and HAULING SERVICES ( 1) Dwelling Unit #1 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 21F Description: Demolish structure. Clear and remove from the property_ debris from demolition, trash and branches on the north and east sides of dwelling. Remove well pump, tank and house. Place a cap on well casing. Place a 18" concrete well covering over- the well. Crush and fill septic tank. Mow the entire area. Remove two (2) abandoned vehicles from area. (2) Dwelling Unit #2 • Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 21 Description: Demolish structure. Clear and remove from the property debris from demolition and trash on the south side of dwelling. Crush and fill septic tank. Mow the entire area. (3) Dwelling Units #3 and #4 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 21 Description: Demolish structures. Clear and remove from the property debris from demolition and trash on the north side of dwellings. Remove one (1) abandoned car from area. (4) Dwelling Unit #5 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 20 Description: Demolish structure. Clear and remove from the property debris from demolition-and trash on entire lot. Crush and fill septic tank. Mow the entire lot. (5) Dwelling Unit #6 and Lot #1 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 17B Description: Demolish structure. Clear and remove from the property debris from demolition and trash on entire lot including around old log dwelling and well house. (6) Lot #2 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 21C Description: Clear and remove old foundation and logs on the lot. (7) Lot #3 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 17C Description: Clear and remove from property pushed down trees, limbs and debris on southeast side of mobile home. (8) Lot #4 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 28 Description: Clear and remove debris on the east side of dwelling in open field and alongside rock wall and entrance path. (9) Lot #5 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block Lot 25B • • Description: Clean and remove debris and abandoned vehicles in field on east side of dwelling and alongside entrance path and on north side of dwelling. Relocate vacant trailer to cleared area on east side of dwelling and set-up on blocks. (10) Along side New Road . Route 4, Councilville Chapel Hill, N.C. — Description: Clear and remove debris and logs at .least 25' on each side of new roadway in Councilville. -2- (11) Lot #6 Route 4, Councilville Chapel Hill, N.C. Description: Mow, clear and remove weeds and noxious growth except for those trees marked by County for.savings. Remove logs. • -3- EXHIBIT B TO AGREEMENT for DEMOLITION, LOT CLEARING AND HAULING SERVICES between COUNTY OF ORANGE, NORTH CAROLINA and R. W. Jones Grading and Hauling Company gyp' . . Exhibit B N C 1-i/GH1,AY Al o $4 VII 1 a „ _ 4 1 „. . 1 11 i a II ST,,f , 0 Rp4tl No 794` . 440111P W • ..,„... III:. s le • ® 3o ..v u \ • 1 1 t COUNCILVILLE COMMUNITY DEVELOPMENT PROJECT AREA lilt DEMOLITION DEMOLITION and LOT CLEARING MAP • " 1r Housing to be demolished T = Trailer 0 IN lea ti ■ C] Lot to be cleared Map No. 1 V = Vacant .L. �I i FORM OF PROPOSAL AND NON-COLLUSIVE AFFIDAVIT 1. The undersigned as Bidder, hereby declares that the only person or persons interested in this proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other persons , company or parties making a bid or proposal and that it is in all respects fair and in good faith without collusion or fraud. 2. The Bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the specifications of the work and contract documents relative hereto, and has read all special provisions furnished prior to the openings of the bids; that he has satisfied himself relative to the work to be performed. 3. The Bidder further declares that he has received and examined the "Manual of Accident Prevention in Construction" , Specifications and Bid. Letting Documents of the Orange County Community Development Program and will abide by these requirements in carrying out the demolition work. 4. The Bidder proposes and agrees, if this proposal is accepted, to contract with the Owner, in the form of contract provided, to furnish all necessary materials, equipment, and machinery, appartus, means of transportation, and labor necessary to complete the demolition of the dwelling(s) at V+ u L< < �C , in full and complete accordance with plans, specifications', and contract documents , to the full and entire satisfaction of the County with a definite understanding that no money will be allowed for extra work except as set forth in the Contract Documents. In return for the demolition accomplished pursuant to the contract, the Bidder will receive the sum of: 1-'4-144""cL74) 6244— f BID: ►- _„ , a. .., � DOLLARS (, (Tfl ) 5. The Bidder further proposes and agrees hereby to commence work on the date to be specified in the contract and shall fully complete work in a timely manner. It is further agreed that if the amount of the contract is increased, the time allowed for completion of the contract will be proportion- ately increased. 6. The undersigned Bidder hereby agrees that the County reserves the right to reject any and all bids when such rejection is in the best interest of the County, and to award the contract to the lowest responsible Bidder taking into consideration the past performance of the Bidder, the ability to perform the work specified, and all other pertinent facts. - - • ITEMIZED COST LOCATION DESCRIPTION FOR DEMOLITION, LOT CLEARING and HAULING SERVICES (1) Dwelling Unit 01 Route 4, Councilville Chapel Hill, N.C. . Tax Map 113, Block C Lot 21F Description: Demolish structure. Clear and remove from the property debris from demolition, trash and branches on the north and east sides of dwelling. Remove well pump, tank and house. Place a cap on well casing. Place a 18" concrete well covering over the well. Crush and fill septic tank. Mow the entire area. Remove two (2) abandoned vehicles from area. $ (2) Dwelling Unit 12 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 21 • Description: Demolish structure. Clear and remove from the property debris from demolition and trash on the south side' of dwelling. Crush and fill septic tank. Mow the entire area. $ (3) Dwelling Units 03 and 04 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 21 Description: Demolish structures_ Clear and remove from the property debris from demolition and trash on the north side of dwellings. R- ...- . _. •on-. G ea. $ C w (4) Dwelling Unit 05 Route 4, Councilville Chapel Hill, N.C. Tax Mao 113, Block C Lot 20 Description: Demolish structure. Clear and remove from the property debris from demolition and trash on entire lot. Crush and fill septic tank. Mow the entire lot. $ (5) Dwelling Unit #6 and Lot #1 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 17B Description: Demolish structure. Clear and remove from the property debris from demolition and trash on entire lot including around old log dwelling and well house. $ Fes. (6) Lot #2 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 21C Description: Clear and remove old foundation and logs pn the lot. (7) Lot #3 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 17C Description: Clear and remove from property pushed down trees, limbs and debris on southeast side of mobile home. $ 0 . 0l (8). Lot #4 Route 4, Councilville Chapel Hill, N.C. Tax Map 113, Block C Lot 28 . Description: Clear and remove debris on the east side of dwelling in open field and alongside rock wall and entrance path. $ (9) Lot #5 Route 4, Councilville Chapel Hill, N.C. • Tax Map 113, Block Lot 25B Description: Clean and remove debris and abandoned vehicles in field on east side of dwelling and alongside entrance path and on north side of dwelling. Relocate vacant trailer to cleared area on east side of dwelling and set-up on blocks. $ �� 0, biz (10) Along side New Road Route 4, Councilville- Chapel Hill, N.C. Description: Clear and remove debris and logs at least 25' on each side of new roadway in Councilville. $ 61-9- cry -2- (11) Lot #6 Route 4, Councilville Chapel Hill, N.C. Description: Mow, clear and remove weeds and noxious growth except for those trees marked by County for savings. Remove logs. $ • -3- _ ,. ..., . .. _ Form of Proposal cont' d Respectful ly submitted the t,... day of "77,7_ , 19 cf-C (Corporate Seal - . — To Be Affixed) N ie of Fi rm ilelliF / / . __.. . _ (SEAL ) If :idd=-r ic an in ' vidual Attest: _- Secretary Sly, ___ ___ . (SEAL ) _. _ I___ (Tres den-t. n-i7: -Corporation) By, (SEAL ? ( If Bidder Is a rartnerr:12,. ' cw, (SEL'. • ;SEAL (SE.;:kL) (Pa rtne rs) • Statement of Worker's Compensation Waiver The R.W. cones Grading and Hauling Company is a self-owned, family business operating in Orange County, North Carolina. The maximum number of employees this company has ever employed has been no more than two. Since this is below the statuatory minimum, the requirement for Worker's Compensation Insurance is hereby waived as a provision of this Contract. Certificate of Insuranc =or THIS£ERTIFICATE 1515511W AS-A SMATTER.-OF:INFORMATION 'ONLY AND'('CONFERS NO-RIGHTS UPON THE CERTIFICATE HOLDER • -.'''•-THIS-CERTIFICATE=DOES'NOT a1MEND,=EXTEND"'OR :ALTER=THE:COVERAGE AFFORDED BY THE POLICIES_LISTED-BELOW. - NAME AND ADDRESS OF AGENCY Ballard Agency, Inc. COMPANIES AFFORDING COVERAGES P. O. Box 927 Hillsborough, N. C. 27278 ETTERNY A COMPANY LETTER B The Standard Fire Ins. Co. NAME AND ADDRESS OF INSURED Richard William Jones LETTER"Y C 320 West 'Corbin Street Hillsborough,N. C. 27278 COMPANY D LETTER COMPANY E LETTER This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. COMPANY TYPE OF INSURANCE POLICY NUMBER POLICY Limits of Liabilit in Thousands(000) LETTER EXPIRATION DATE EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY INJURY S E B 000MPREHENSIVE FORM Q25 CO 69811 CCS 8`2/i R-86 ❑PREMISES—OPERATIONS �7 PROPERTY DAMAGE $ $ ❑EXPLOSION AND COLLAPSE HAZARD ❑UNDERGROUND HAZARD ❑PRODUCTS/COMPLETED " ❑ OPERATIONS HAZARD BODILY INJURY AND CONTRACTUAL INSURANCE PROPERTY AAGE l I P ,0 0 0 20 0 000 COMBINED ❑ BROAD FORM PROPERTY V Y DAMAGE - ❑ INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY PERSONAL INJURY E • AUTOMOBILE LIABILITY BODILY INJURY (EACH PERSON) ❑ COMPREHENSIVE FORM BODILY INJURY s El (EACH ACCIDENT) ❑ HIRED PROPERTY DAMAGE $ • ❑ NON-OWNED BODILY INJURY AND - PROPERTY DAMAGE COMBINED EXCESS LIABILITY BODILY INJURY AND ❑ UMBRELLA FORM PROPERTY DAMAGE $ $ ❑ OTHER THAN UMBRELLA COMBINED -� FORM WORKERS'COMPENSATION . STATUTORY and EMPLOYERS'LIABILITY OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Hillsborough, North Carolina and elsewhere in North Carolina Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail -1..d_ days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OF CERTIFICATE HOLDER: Orange Housing & Communit Y men Develo t E ISSUED.— 615�a6 p 300 West Tryon Street , Hillsborough, N. C. 27278 _-.'- f� �d�i/, /` T kE� ACDRD 25(1.79) ACC Part s fluster: A-2903- E 0S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION $ EX T12G ANNUAL CONTRIBUTIONS CONTRACT --p&RT I is HOUSING CERTIFICATE PROGRAM LL DEMOTIONS. A. ACC. Anneal Ccritrikutiors Contract. B. Firma1. Year. The PRA roma Tea are ape hied in section L2-C of this ACC Part L C. BUD. U.S. Deportment allowing and Urban Develops sot. D. Maximum Annual Cantr tutican Coa Nita ant. See aecticr, L3.D of this ACC. E. PHA. Public Raising Agency. F. Program. The PRA's Halting CertiBcate Program. G. Program Recce Amounts paid, by BUD to the PHA under Ws ACC to 11* Pragaa, and any other as cants received by the PHA in Nan with t3m Program. B. Program Evenermares. Amounts whin may be charged against Program in avmrdance with the ACC and HUD Page 1 of 6 pages BUD 52520 B (June 1985) lZ BO0 G CERTIFICATE PROGRAM. A. Projects. ?be Program varier this ACC armiaes of the gojeats listed !n Exhibit I of this ACC Part I, each of which represents a raiding incre a art far tie Pr aa. B. Term Cf ACC fcr Prograa. Ybe ter■ of this ACC tt a Program she mid f, Years from gxecution date • t Lek date of ACC tea. tins date is not artereipaar to a[gaabre Cf tt a ACC by the PHA, the date may be entered atsecpently by BUD, and art ateegeest entry of the date by BUD shall car Lute a► as ends ext Cf ttee ACC Part L) C. PRA yacht Iar. 1. The firstfircal yea far the Program shall begin an . irzter the eve date fcr the first project listed in SshihitI of Pact I of the ACC. If this date is riot entered prior to sxg afire Cf the ACC by the PHA,ties date say Le eared subsegJently tor BUD, and s teeg met entry of the date tor BUD shall aacatitxte an as ends art of the ACC Part L) The first Fiscal Year far the Pragraa shall end an the last day Cf the PRA fiscal Year which writs not ]ea than 12 mantis, ac acre been 23 mortis, after this date. 2 Thereafter, the Segal year for the Program shall to the 12 Barth pe k d enec'i<rg December 31 CAE each calendar yea. Miter the day and Barth used as the Fiscal Year en d ng date fcr after section 6 essskatioe administered by the PRA under aeACC with NOD.) - D. Fuater of Units IN mater cf tedsaom$. To the a=iaum estat fa ilia, the PHA shall eater into extracts far tossing assistance payments fix omits m3er the Program in accordance with the shit distritution stated in this motion. 10 atstantial deviation,, as determined by HOD, from this crai dristril33tion is alloyed vitlnut prier BUD argovat Number cif bedreoas luster aE Ora#s 0 1 1 65 2 219 3 4 -7= Total 388 Page 2 of 6 pages BUD 52520 B (June 1985) .. N 1.3. ANNUAL CONTRIBUTION. A. Payment . BUD shall pay the PBA annual contributions for the Program in accordance with MUD regulations and requirements. D. Amount a4d Purpose. The annual contribution for the Program for a Fiscal Tear shall be in the amount approved by BUD for the Fiscal Tear to cover : 1. The amount of housing assistance payments by the PHA. 2. The amount of PEA costs for Program administration. The amount of the annual contributions by BUD may be reduced, as determined by HOD, by the amount of Program Receipts (such as interest income) other than annual contributions. C. Limit on Payments for Program. Except for. payments from the ACC reserve account as provided in section 1.3.F of this ACC, the annual contribution payment by BUD for the Program for any Fiscal Year shall not be more than the Maximum Annual Contribution Commitment for the Program in effect during the Fiscal Year. D. Maximum Annual Contribution Commitment for Program . The Maximum Annual Contribution Commitment for the Program for each PHA Fiscal Year shall be egial to the sum of the contract authority amounts reserved by HOD for the projects in the Program. The amount of contract authority reserved for each project in the Program is stated in Exhibit I of this ACC Part I (subject to reduction in accordance with section 1.3.E and section 2.3 of this ACC) . If the first Fiscal Year for the Program is more than 12 months, the Maximum Annual Contribution Commitment for the Program for the first Fiscal Year may be adjusted in an amount as determined by HUD by the addition of the pro rata amount applicable to the period in excess of 12 months. Page 3 of 6 pages BUD 52520 B (June 1985) 4 _ E. Reduction of Amount Payable . HUD may reduce the amount of the annual contributions payable by IUD for any project or for the Program, and may reduce the amount of the contract authority for any project, by giving the PEA written notice of reduction to the PEA in accordance with section 2.3 of this ACC. The notice by BUD may include a revision of Exhibit I of this ACC Part I to reflect the reduction in the amount of contract authority for a project. HUD notice of the revision shall constitute an amendment of Exhibit I and the revs sed Exhibit I supersedes any previous Exhibit I for the Program. P. ACC Reserve Account. An ACC reserve account shall be established and maintained by BUD, in an amount as determined by HUD consistent with its responsibilities under section 8(c) (6) of the D.S. Dousing Act of 1937. The ACC reserve account may be used by BUD for payment of any portion of the annual contribution payment approved by BUD. 1.4. ACC. A. This ACC consists of this ACC Part I (including Exhibit I) and the form ACC Part II prescribed by HUD for the Housing Certificate Program and Housing Voucher Program, designated as form BUD 52520 E, and dated June 1985. These documents constitute the whole ACC for the Program. Page 4 of 6 pages BUD 52520 B (June 1985) B. This ACC supersedes any previous ACCs for the Program. Matters relating to operation of the Program under a previous ACC sball be governed by this ACC. (SEAL) Signatures: ATTEST: 7.,411119F Aall"Pr PUBLIC noosmG AGSDCY Orange County Housing AuthorO y iC7a Tit e Name of PRA II / .y .t. ` S 9ma ure (efkir , /� Date signed P_ (LAti C�„7i Issia�ells Print or ype One and of,ticial title of signatory WITED STATES OF AMERICA SECRETARY OF HOUSING AND URBAN DEVELOPMENT Sy, Signature Date signed Print or type name and official title of signatory Page 5 of 6 pages BUD 52520 B (June 1985) . ACC Part I Number : A-2903- EZB IB XT I PR4JECT ACC LIST CONTRACT PROTECT ACC =PEER NUMBER &DTBORI TY ($) EFFECTIVE DATE NC19-E104-001 A-77-247 22,920 NC19-E104-001 A-81-685 281 ,364 NC19-E104-003 A-77-248 92,376 NC19-E104-004 A-77-517 452,436 MC19-E104-006 A-81-679 121 ,140 NC19-E104-007 A-84-0676 66,950 NC]9-E104-008 A-85-0289 94,512 UNITED STATES CIF AMERICA SECRETARY OF SOUSING AHD URBAN DEMLOPMENT Date signed Page 6 of 6 pages BUD 52520 B (dune 1985) CONTRACT for Demolition, Lot Clearing and Hauling Services Councilville Community Development Project between County of Orange and R. W. Jones Grading and Hauling Company THIS AGREEMENT, made and entered into this 7th day of July , 19 S6 , by and between R. W. Jones Grading and Hauling Company , (hereinafter' referred toes "Contractor") and Orange County, North Carolina, (hereinafter referred to as "County") . WITNESSTH: THAT WHEREAS, the County is undertaking certain activities necessary for the execution of a Community Development Project; and WHEREAS, in order for the County to implement part of the overall pro- gram, professional demolition, lot clearing and hauling services are necessary; and WHEREAS, the County desires to engage the Contractor to render such professional services in connection with such undertakings of the County; and NOW, THEREFORE, the Contractor and the County by mutual agreement for the consideration hereinafter set forth, do hereby agree as follows: SECTION I: SCOPE OF SERVICES THAT the Contractor shall furnish all labor, materials, equipment, supervision and services required to perform professional demolition, lot clearance and hauling services in connection with the County's demolition and lot clearance program in the Community Development Target Area as follows: (A) DEMOLITION OF STRUCTURES - This service. includes the demolition-of each of the vacant dilapidated structures which the County has identified by narrative location description in Exhibit A and graphically located on the locator map (s) which is marked as Exhibit B. Both Exhibits A and B are attached hereto and made a part of this agreement. For the purposes of this agreement and the services which are to be pro- vided by the Contractor, the term "Structures" means the former principal residence and other appurtenant structures such as garages, sheds, privies, or animal pens so identified by County. It is expressly understood by the Contractor that this demolition work includes any and all portions of the structure which is demolished including any footings, foundation materials and structural supports. In connection with this demolition work it shall also be the Contractor's responsibility to fill any septic tanks, wells or privies which are located within the property occupied by the structure. (B) CLEARANCE OF LOTS, REMOVAL OF DEBRIS AND HAULING - This service includes the clearing and removal from the property of the following types of materials which the County has identified by a narrative location description in Exhibit A and graphically located on the locator map (s) which is marked as Exhibit B: 1. The debris which results from the demolition outlined in A above as well as debris remaining from any previos open controlled burning which may have been conducted by the County prior to this agreement. This debris shall include any contents of the structures which are demolished. -2- 2. Any accumulated trash, scrap metal and junk within the property, including any abandoned stoves, refrigerators, building/construction materials, and other such miscellaneous debris, including all debris and trash which constitutes a health or fire hazard and may serve as a breeding place to harbor insects, rodents, snakes, pets, vermin or wild animals, and/or give off an offensive odor which constitutes a nuisance. For the purpose of this agreement, "Trash" shall mean any broken tree limbs, leaves or branches, any garbage or refuse, any discarded or worthless material that might conceal pools of water . or create breeding grounds for mosquitoes or other insects, any waste, any discarded metal, paper, wood, glass, or cloth. 3. Any and all weeds, uncultivated vegetation and noxious growth within the property which has not been marked/ identified for saving by the County prior to the clearance work. This service shall be performed by mowing the designated area(s) to a high of 4 inches or less, and excavating only when it is deemed necessary by the County. Any area that has been excavated shall be cultivated, fertilized, limed, re- seeded with grass and covered with straw. It is to be expressly understood that the services to be performed under this agreement are for the purpose of leaving the area within the property in a pleasing ecological and aesthetic condition. -3- SECTION II: TIME OF COMPLETION THAT the Contractor agrees to start the demolition, lot clearance and hauling services outlined in SECTION I of this Contract upon receipt of a written Proceed Order from the County and will complete all work within thirty (30) working days after the date specified in the Proceed Order as the beginning time for the demolition, lot clearance and hauling services. In the event unforeseen delays as determined by the County cause this performance deadline to be exceeded, the County and the Contractor shall establish a mutually agreeable extension which shall be negotiated and in- corporated as an addendum to this agreement. Time is of the essence, and it is agreed that any delay beyond the time specified for completion stipulated herein shall result in the Contractor being charged with liquidated damages for delay in the sum of TEN DOLLARS ($10.00) a day for each day beyond the limit agreed upon. SECTION III: CONTRACT AMOUNT THAT for the services rendered under SECTION I of this Contract by the Contractor, the County shall pay the Contractor a sum of $ 7,900.00 (Seven thousand nine hundred Dollars and no Cents) upon the completion of the services described in this Contract. There will be a 10% retaining fee which will be held 60 days after the final inspection. This payment shall be made to the Contractor by the County subject to a joint inspection of the work sites by the County and the Contractor to insure adequate performance of the provisions of this agreement and the receipt of an appropriate invoice from the Contractor. The County may change the services to be performed by the Contractor if it deems it necessary to do so because of budget constraints or a change in -4- its project goals. The contract amount may in that event change. In the event circumstances result in the County desiring an addition or deduction of services which changes the contract amount hereabove, a mutually agree- able written addendum to change the contract...sum_shall..be negotiated and incorporated into this agreement. SECTION VI: COUNTY RESPONSIBILITIES THAT the performance of the work by the Contractor as outlined in SECTION I of this Contract shall be based on the following responsibilities of the County: 1. The County shall mark or identify in some mutually acceptable fashion any trees, structures, or vegetation within the confines of the property which shall not be disturbed or damaged by the Contractor prior to the initiation of any demolition or lot clearance work. 2. The County shall assist the Contractor in the location of property reference points by providing a map, marked as Exhibit B, which shall designate the boundaries of the property. within which the Contractor shall perform his demolition and lot clearance work, and if necessary the County shall actually show the Contractor, the location of property reference points by visiting the property site. 3. The County shall obtain any and all necessary approvals and per- missions from property owners for the performance of the demolition and lot clearance work by the Contractor. 4. The County shall arrange for the removal of any and all electrical service drops prior to the demolition work. 5. The County shall make available to the Contractor any other in- formation to the Contractor regarding its requirements or any changes as expeditiously as necessary for the orderly progress of the work. -5- 6. The County shall provide all necessary information to the Contractor regarding its requirements or any changes as expeditiously as . necessary forthe orderly progress::of__the work. SECTION V: CONTRACTOR RESPONSIBILITIES THAT the performance of the work by the Contractor as outlined in SECTION I of this Contract shall be based on the following responsibilities of the Contractor: 1. If, through acts or neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss or damage on the work, the Contractor shall settle with such other Contractor or sub- contractor by agreement or arbitration. If such other Contractor or subcontractor shall assert any claim against the County on account of any damage alleged to have been so sustained, the County will notify this Contractor, who shall defend at his own expense any suit based upon such claim, and, if any judgment or claims against the County shall be allowed, the Contractor shall pay or satisfy such judgments or claim and pay all costs and expenses in connection therewith. . 2. The Contractor shall not execute an agreement with any subcontractor or permit any subcontractor to perform any work included in this agreement or assign any interest in same, without the prior written approval from the County. 3. Except as otherwise specifically stated in this •Agreement; .the-.. Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, heat, power, transportation, superintendence, temporary construction of every nature, charges, levies, fee or other expenses and all other services and facilities of every nature what- soever necessary for the performance of this Agreement and to perform -6- all work specified in this agreement complete in every respect within the specified time. 4. The Contractor shall be responsible for all damages to person or property that occur as a result of his fault or negligence in con- nection with the prosecution of the work and shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance, whether or not the same has been covered in whole or in part by payments made by the County. 5a. The Contractor shall exercise proper precautions at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of his prosecution of the work. The safety pro- visions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken such additional safety and health measures as the County may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, Inc. , to the extent that such pro- visions are not in conflict with applicable laws. 5b. The Contractor shall indemnify and save harmless the County and its Community Development Program for damages resulting from property damage, personal injury and/or death suffered or alleged to have been suffered by a person as a result of any work conducted under this Agreement. 6. Although the County shall locate, identify and mark all trees and shrubs to be protected during the performance of this agreement and -7- assist the Contractor as much as possible in this effort the final responsibility shall rest with the Contractor. Should any such trees and shrubs be damaged through negligence on the part of the Con- tractor the cost of comparable plant material shall be determined by a Horticulturist employed by the County and either paid for directly by the Contractor or an equal amount withheld from the contract sum in SECTION III. 7. The proper and lawful dumping and/or disposal of all materials re- moved from the property by the Contractor as a result of his services as outlined in SECTION I shall be his complete and absolute respon- sibility. Disposal of all such materials shall be in full accordance with all appropriate regulations pertaining to such matters. The disposal of such materials in unauthorized locations, within Orange County or otherwise, is strictly prohibited. 8. The Contractor shall make sure that the removal of any and all electrical service drops prior to the demolition work have been done. SECTION VI: ACCEPTANCE AND FINAL PAYMENT THAT upon receipt of notice that the work is ready for final inspection and acceptance, the County shall promptly make such inspection, and when the work is found acceptable under the Contract and the contract fully performed, the authorization of payment to the Contractor shall be made in a sum suf- ficient to cover the amount of payment in the Contract. Before the Contractor shall be paid in full, however, the Contractor shall submit evidence satis- factory to the County that all payrolls, material bills, and other indebtness connected with the work as relating to this Contract have been paid. SECTION VII: INSURANCE THAT the Contractor shall purchase and maintain such comprehensive -8- general liability and other insurance as will provide protection from claims which may arise out of or result from the Contractor's performance of the work and the Contractor's other obligations under the Contract. The in- surance required below shall include specific coverages and be written for not less than the limits specified herein. All such insurance shall remain in effect until final payment and at all times thereafter when the Contractor may be correcting, removing or replacing defective work. The insurance requirements are as follows: 1. Manufacturer's and Contractor's Public Insurance of an amount not less than $100,000.00. 2. Property Damage Insurance not less than $50,000.00. 3. Automobile Liability Insurance. 4. Worker's Compensation - see attachment. The Contractor shall furnish the County with Certificates showing the type, amount, class of operations covered, effective dates and date of ex- piration of policies. SECTION VIII: ENUMERATION OF CONTRACT DOCUMENTS THAT the Contract Documents which constitute the entire agreement between the Owner and the Contractor, except for modifications issued after execution of this Agreement, are enumerated as follows: 1. Exhibit A - Location Description 2. Exhibit B - Location Map 3. Form of Proposal and Non-Collusion Affidavit 4. Statement of Workman's Compensation Waiver 5. Certificates of Insurance SECTION IX: HUD DOCUMENTS THAT the Contractor agrees to comply and conform with all the following -9- HUD Documents: 1. Conflict of Interest Provisions. The Contractor agrees that no member, officer, or employee of the Contractor or its agents, no member of the governing body of the locality or localities who who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any financial interest, either direct or indirect, in any contract or subcontract, or the proceeds thereof for work to be performed in connection with the program assisted under this agreement. Immediate family members of said members, officers, employees, and officials are similiarly barred from having any financial interest in the program. 2. Nondiscrimination Clause. The Contractor agrees that no person shall, on the ground of race, color, national origin or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under- Sectionr:lO9, :Housing and Community Development Act of 1974. 3. Age Discrimination Clause. The Contractor agrees that no qualified person shall on the basis of age be excluded from participation in, be denied the benfits of, or otherwise be subjected to dis- crimination under any program or activity which receives or benefits from Federal Financial assistance. 4. Handicap Discrimination Clause. The Contractor agrees that no qualified handicapped person shall, on the basis of handicap be ex- cluded from participation in, be denied the benefits of, or other- wise be subjected to discrimination under any program or activity which receives or benefits from Federal Financial assistance. S. SECTION 3 Clause. The Contractor agrees to comply with the Pro- I n_ vision of Training, Employment, and Business Opportunities in the Section 3 Clause as follows: a. The work to be performed under this contract is on a project assisted under a program providing direct Federal Financial assistance from the Department of Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in sub- stantial part by persons residing in the area of the project. b. The parties to this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the the Secretary of Housing and Urban Development set forth in 24 CFR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. c. The. Contractor will send to each labor organization or re- presentative of workers with which he has a collective bar- gaining- agreement or other contract or understanding, if any, a notice advising the said labor organization or workers re- presentative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous place available to employees and applicants for employment and training. d. The Contractor will include this Section 3 clause in every sub- contract.for work in connection with the project and will, at , -11- the direction of the applicant for or recipient of Federal Financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR Part 135. The Contractor will not subcon- tract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the sub- contractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable:: rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the Federal Financial assist- ance provided to the project, binding upon the applicant or recipient for such assistance, its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors or assigns to those sanctions specified by the grant or loan agreement of contract through which Federal assistance is pro- vided and to such sanctions as are specified by 24 CFR Part 135. 6. Access to Records and Record Retainage Clause. The Contractor shall be aware that in general, all official project records and documents must be maintained during the operation of this project and for a period of three years following close out in compliance with 15 NCAC 13L Rule .091 Recordkeeping. The North Carolina Department of the Treasurer, U.S. Department of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, docu- -12- ments, papers and records of the Administering Agency which are pertinent to the execution of this Agreement, for the purpose of making audits, examinations, excerpts and transcriptions in com- pliance with the above Rule. • WITNESS the signatures of the parties on the day and year first above written. ATTEST COUNTY OF ORANGE, NORTH CAROLINA Ai ' BY: E„,„ kidaw ,K • ATTEST BY: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. By: /` . Finance Director -11- AGREEMENT THIS AGREEMENT, made this 7th day of July, 1986, by and between Orange County, North Carolina, hereinafter referred to as the "COUNTY, " and the Orange Water and Sewer Authority referred to as the "AUTHORITY, " WITNESSETH THAT: WHEREAS, the COUNTY has entered into a multi-year, multi-phased project to remap the County with new base orthophoto maps, topographic overlay maps of a certain portion of Chapel Hill Township, and new cadastral property maps under an Agreement with L. Robert Kimball and Associates of Ebensburg, Pennsylvania, known as the "CONTRACTOR" ; WHEREAS, the AUTHORITY has requested an agreement with COUNTY to purchase mylar copies of certain topographic base maps of Chapel Hill Township, an overlay of an orthophoto at 1" = 100 with 2 ' contours, more specifically described in that Agreement between COUNTY and CONTRACTOR - identified as Phase 2 ; BE IT AGREED, that COUNTY agrees to allow AUTHORITY to purchase mylar copies of certain original topographic overlay maps of Chapel Hill Township, from COUNTY, at cost (presently $38.50) , to be delivered by CONTRACTOR according to the schedule of priorities, conditions, and time specified in said Phase 2, other sections of the Agreement between COUNTY and CONTRACTOR, and the contract map; BE IT FURTHER AGREED, that said topographic map copies shall not exceed 203 map sheets to be provided in the 1986- 87 fiscal year; BE IT FURTHER AGREED, that AUTHORITY will pay to COUNTY ten thousand dollars ($10, 000) for its contribution to COUNTY'S remapping project, by July 31, 1986 AUTHORITY to pay the additional per-sheet cost upon delivery to and acceptance by AUTHORITY; BE IT FURTHER AGREED, that AUTHORITY will whatever possible form and by whatever possible rmeans,�cthose purchased mylar topographic base maps of Chapel Hill Township ONLY for the use of AUTHORITY offices and will not sell any copies of said maps to the general public, private citizens, clients, applicants for permits, businesses, corporations, consultants to AUTHORITY without specific written permission of COUNTY; THIS the 1 day July, 1986. btLial Don Willhoit, Chair Board of County Commissioners gl;t/tA-7-17--44eIL 1' Everett Billings/ OWASA This Agreement is in TWO original documents to be signed by both parties and each to retain one copy. 'f; • STATE OF NORTH CAROLINA COUNTY OF ORANGE AGREEMENT BETWEEN THE NORTH CAROLINA MEMORIAL HOSPITAL AND ORANGE COUNTY, NORTH CAROLINA THIS AGREEMENT, made effective the 1st day of July, 1986 by and between The North Carolina Memorial Hospital, hereinafter referred to as "The Hospital;" and Orange County, North Carolina, hereinafter referred to as "Orange County," for its Office of Emergency Medical Services. E_T, $2 WHEREAS, The Hospital desires to implement a hospital-based air ambulance program; and WHEREAS, The Hospital desires the services of Hospital-based Emergency Medical Services Communicators ("EMS Communicators") ; and WHEREAS, Orange County desires to assist The Hospital in implementing its air ambulance program by supplying the services of EMS communicators; and WHEREAS, The Hospital desires to reimburse Orange County for such EMS communicator services; NOW, THEREFORE, in consideration of the premises and the following mutual promises, covenants and conditions, The Hospital and Orange County agree as follows: 1. Orange County agrees to make available to The Hospital the services of six full-time EMS communicators to assist The Hospital in implementing its air ambulance program. The EMS communicators shall be responsible for coordination of all communication relative to air ambulance flights, including, communications between The Hospital, the aircraft, referring facilities and agencies, ground EMS units, and the medical control officer. One of these EMS communicators shall act in a _ Supervisory role, with duties and responsibilities as determined by the Hospital and Orange County. One other of these EMS communicators shall act as medical communications coordinator, with duties and responsibilities as determined by the Hospital and Orange County. 2. Both Orange County and The Hospital agree that for all purposes such EMS communicators shall be considered employees of Orange County. Orange County agrees to consult with The Hospital prior to assigning such EMS communicators to The Hospital air ambulance program. 3. Orange County agrees that the EMS communicators whose services are provided pursuant to this Agreement shall have at least two years of Emergency Medical Service Communication experience, or its equivalent. 4. Both Orange County and The Hospital understand and agree that The Hospital will have administrative and professional supervision of such EMS communicators while thay are rendering services to The Hospital under this Agreement. Professional activities and services rendered pursuant to this Agreement shall be in compliance with policies and protocols developed and agreed upon by designated representatives of The Hospital and Orange County. 5. Both Orange County and The Hospital agree and understand that if at any time The Hospital determines that an EMS communicator 's performance or professional interactions are inadequate or inappropriate, The Hospital may request removal of the EMS communicator. The Hospital shall provide sufficient documentation to Orange County detailing the reasons for the Hospital's request for replacement. Such documentation shall be in a form that is in compliance with the Orange County Personnel Ordinance regarding disciplinary action. 6. The Hospital agrees to provide a training experience for the six full-time EMS communicators relevant to duties specific to their functions with The Hospital's air ambulance program. 7 . Both Orange County and The Hospital understand and agree that Orange County may designate an in-Hospital liason accountable to Orange County Office of Emergency Medical Services for EMS communicator personnel functions such as discipline, scheduling, holidays, sick leave. 8. In return for the services of EMS communicators, as identified herein, The Hospital agrees to reimburse Orange County for the cost of salaries and fringe benefits of six full-time EMS communicators, including time during the training period referenced in paragraph 6 above. "Fringe benefits, " as used herein, shall include Orange County's contributions to the local government employee's retirement system, health insurance, life insurance/accidental death and dismemberment and workers ' compensation for the EMS communicators covered by this Agreement. At its option, The Hospital shall either reimburse Orange County for the cost of or provide coverage for professional liability insurance for the EMS communicators whose services are provided pursuant to this Agreement. Pursuant to these agreements, The Hospital shall reimburse Orange County at the rate of $12,000 per month, subject to such modification of this monthly amount as is necessary following specific agreement between the parties of the actual cost of salaries and fringe benefits. 9. Both Orange County and The Hospital understand and agree that nothing in this Agreement shall be construed to create an exclusive arrangement between the parties. Orange County is free to provide services of any kind or nature to any other air or land ambulance service or program. 10. The Hospital agrees to notify Orange County when The Hospital's air ambulance is responding within the geographic area covered by Orange County Office of Emergency Medical Services. 11. This Agreement shall run for a period of 3 years, from the 1st day of July, 1986 to the 30th day of June, 1989 and shall be renewable thereafter upon written notice executed by both parties. 12. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least 180 days prior to termination. In the event of such termination any payment due shall be prorated to the date of termination. 13. In compliance with 42 U.S.C. 1395x(V) (1) (I) and implementing regulations, Orange County agrees, until the expiration of four years after the services are furnished under this contract, to allow the Secretary of the Department of Health and Human Services and the Comptroller General access to this contract and to the books, documents and records of Orange County necessary to verify the nature and extent of the costs of this contract, subject to and consistent with the policies and procedures contained in OMB Circular A-102, Attachment P. Orange County further agrees that if any of the duties of this contract are carried out by a subcontractor of Orange County such subcontract shall contain a clause to the effect that, until the expiration of four years after the services are furnished under such subcontract, the Secretary of the Department of Health and Human Services and the Comptroller General shall have access to such subcontract and to the books, documents and records of the subcontractor necessary to verify the nature and extent of the costs of such subcontract, subject to and consistent with the policies and procedures contained in OMB Circular A-102, Attachment P. 14. The Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. 15. This Agreement revokes and supercedes a similar Agreement between the parties dated April 1, 1986 for the services of five EMS communicators. Both parties agree that no r services were rendered and no payment is due pursuant to the April 1, 1986 Agreement. 16. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of the Agreement. IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities of the day and year listed below. FOR AND ON BEHALF OF: FOR AND ON BEHALF OF: THE N CAROLINA , MORIAL HOSPITAL ORANGE COUNTY, NORTH CAROLINA Eric B. Munson Chairman, Executive Director Orange County Board of Commissioners DATE: 6. _�. '` DATE: , thtf, 4, .6'" "°,4. TNI 4.:Arj:::} N 01044 ORANGE COUNTY HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT 300 WEST TRYON STREET HILLSBOROUGH. NORTH CAROLINA 27278 PHONE: (919) 732-8181: EXT 425 CHAPEL HILL 967-9251: DURHAM 688-7331: MEBANE 227-2031 NOTICE TO PROCEED TO R.W. Jones Grading & Hauling Company 320 West Corbin Street Hillsborough, NC 27278 PROJECT/CONTRACT Demolition, Lot Clearing and Hauling Services You ,are hereby notified to commence WORK in accordance with the Agreement .� __..—.Aatec]_July 7 , 1986-, on or before July 21 , 1986, and you are to complete the WORK within 30 working days thereafter. The date of completion of all WORK is therefore August 19 , 1986. You are required to return an acknowledged copy of this Notice to the Owner. Dated this 7th day of July , 1986. OWNER: Count f Orange �/' BY: 4_ VV�.�i� Chairman, Board of Commissioners RECEIPT OF THIS NOTICE ISIEREBY ACKNOWLEDGED this day of , 1986. BY: , --...;_ ,�_- �' ...... - AP TITLE: ,..., IN fOUAL NousNL OPPORTUNITY it ELF! t 7,1"1 Itr ORANGE COUNTY HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT 300 WEST TRYON STREET HILLSBOROUGH. NORTH CAROLINA 27278 PHONE. (919) 732-8181: EXT 425 CHAPEL HILL 967-9251 DURHAM 688-7331: MEBANE 227-2031 NOTICE TO PROCEED TO R.W. Jones Grading & Hauling Company 320 West Corbin Street Hillsborough, NC 27278 PROJECT/CONTRACT Demolition, Lot Clearing and Hauling Services You are hereby notified to commence WORK in accordance with the Agreement dated July 7 , 1986, on or before July 21 , 1986, and you are to complete the WORK within 30 working days thereafter. The date of completion of all WORK is therefore August 19 , 1986. You are required to return an acknowledged copy of this Notice to the Owner. Dated this 7th day of - July , 1986. OWNER: Count ZLJALU&/Orange BY: Chairman, Board of Commissioners RECEIPT OF THIS NOTICE IS( IEREBY ACKNOWLEDGED this day of , 1986. BY: 4•• --�_•��'//‘4-), .... • TITLE: 41110e.v7te."_. lell rauA1 HOUSIM; OPPORTUNITY • • • ORANGE COUNTY Action Agenda BOARD OF CO!SISSIONERS Item Ho. ACTION AGENDA ITEM ABSTRACT • M i a DATE July 7, 1986 • Subject: NCMH Flight Dispatch Agreement • Department: BOARD OF COMMISSIONERS I Public Rearing: Yes I no I Attachments: Information Contact: YES Phone Numbers: 732-8181, 968-4501, 227-0231 • PURPOSE: Amendment of Section 1 of the agreement between the North carolina Memorial Hospital and Orange County to provide one additional Medical Communications Coordinator with duties and responsibilities as determined by the Hospital and Orange County. • NEED: Approval. RECOMMENDA'T'ION: Approval of the amended agreement and authorization for the Chair to sign on behalf of the Board. STATE OF NORTH CAROLINA. Q4D . COUNTY OF ORANGE a)/127;*4fr • • AGREEMENT BETWEEN . THE NORTH CAROLINA MEMORIAL HOSPITAL AND ORANGE COUNTY, NORTH CAROLINA • • • • THIS AGREEMENT, made effective the 1st day of April,. 1986 by and between The North Carolina Memorial Hospital, hereinafter referred to as "The Hospital;" and Orange County, North _A .: Carolina, hereinafter referred to as "Orange County," for its Office of Emergency Medical Services. T, Ha WHEREAS, The Hospital desires to i mplement a hospital-based air ambulance program; and • WHEREAS, The Hospital desires the services of Hospital based Emergency Medical Services Communication coordinators ("EMS ` Communicators") ; and WHEREAS, Orange County desires to assist The Hospital in implementing its air ambulance program by supplying the services . of EMS communicators; and . WHEREAS, The Hospital desires to reimburse Orange County for such EMS communicator services; NOW, THEREFORE, in consideration of the premises and the foJ . owing mutual promises, covenants and conditions, The Hospital a c1 Grange Count,/ agre.' 1 , Orange County agrees to make available to The Hospital the services of five full-time E:, --ommunicat.or-s to assist The Hospital in implementing its air ambulance program. The EMS communicators shall be responsible for coordination of all communication relative to air ambulance flights, including, communications between The Hospital, the aircraft, referring facilities and agencies, ground EMS units, and the medical control officer. One of these EMS communicators shall act in a - Supervisory role, with duties and responsibilities as determined by the Hospital and Orange County. 2. Both Orange County and The Hospital agree that for all _ purposes such EMS communicators shall be considered employees of • Orange County. Orange County agrees to consult with The Hospital prior to assigning such EMS communicators to The Hospital air ambulance program. • • STATE OF NORTH CAROLINA . COUNTY OF ORANGE G . - - - AGREEMENT BETWEEN THE NORTH CAROLINA MEMORIAL HOSPITAL CAS F AND ORANGE COUNTY, NORTH CAROLINA. 1///e/iji. • THIS AGREEMENT, made effective the 1st day of July, 1986 by and between The. North Carolina Memorial Hospital, hereinafter referred to as "The Hospital;" and Orange County, North Carolina, hereinafter referred to as "Orange County," for its Office of Emergency Medical Services. blLTN. B. S- S. E. T_ H: WHEREAS., The Hospital desires to implement a hospital-based air ambulance program; and WHEREAS, The Hospital desires the services of Hospital-based Emergency Medical' Services Communicators ("EMS Communicators") ; and WHEREAS, Orange County desires to assist The Hospital in . implementing its air ambulance program by supplying the services of EMS communicators; and WHEREAS, The Hospital desires to reimburse Orange County for such EMS communicator services; NOW, THEREFORE, in consideration of the premises and the. following mutual promises, covenants and conditions, The Hospital and Orange County agree as follows: 1. Orange. County agrees to make availably: to The Hospital, the services of six full-time EMS cc:ilL' unicato_`.S :O Assist The Hospital in implementing its air ambulance program. The EMS communicators shall be responsible for coordination of all communication relative to air ambulance flights, including, communications between The Hospital, the aircraft, referring facilities and agencies, ground EMS units, and the medical control officer. One of these EMS communicators shall act in a Supervisory role, - with duties and responsibilities as determined by the Hospital and Orange County. One .other of these EMS . communicators shall act as medical communications coordinator, with duties and responsibilities as determined by the Hospital and Orange County. 2. Both Orange County and The Hospital agree that for all purposes such EMS communicators shall be considered employees of 1f I , Orange County. Orange County agrees to consult with The Hospital prior to assigning such EMS communicators to The Hospital air ambulance program. - 3. Orange County agrees that the EMS communicators whose services are provided pursuant to this Agreement shall have at least two years of Emergency Medical Service Communication experience, or its equivalent. 4. Both Orange County and The Hospital understand and agree that The Hospital will have administrative and professional supervision of such EMS communicators while thay are rendering services to The Hospital under this Agreement. Professional activities and services rendered pursuant to this Agreement shall be in compliance with policies and protocols developed and agreed upon by designated representatives of The Hospital and Orange County. 5. Both Orange County and The Hospital agree and understand that if at any time The Hospital determines that an EMS communicator's performance or professional interactions are inadequate or inappropriate, The Hospital may request removal of the EMS communicator. The Hospital shall provide sufficient - documentation to Orange County detailing the reasons for . the Hospital's request for replacement. Such documentation shall be in a form that is in compliance with the Orange County Personnel Ordinance regarding disciplinary action. 6. The Hospital agrees to provide a training experience for the six full-time EMS communicators relevant to duties specific to their functions with The Hospital's air ambulance program. 7 . Both Orange County and The Hospital understand and agree that Orange County may designate an in-Hospital liason accountable to Orange County Office of Emergency Medical Services for EMS communicator personnel functions such as disci^line, sc . duling, holidays, sick leave. 8. In return for the services of EMS communicators, as identified herein, The Hospital agrees to reimburse Orange County for the cost of salaries and fringe benefits of six full-time EMS communicators, including time during the training period referenced in paragraph 6 above. "Fringe benefits, " as used herein, shall include Orange County's contributions to the local government employee's retirement system, health insurance, life insurance/accidental death and dismemberment and workers' compensation for the EMS communicators covered by this Agreement. At its option, The Hospital shall either reimburse Orange County for the cost of or provide coverage for professional liability insurance for the EMS communicators whose services are provided pursuant to this Agreement. Pursuant to these agreements, The Hospital shall reimburse Orange County at the rate of $12,000 per month, subject to such modification of this monthly amount as is . necessary following specific agreement between the parties of the actual cost of salaries and fringe benefits. 9. Both Orange County and The Hospital, understand and agree that nothing in this Agreement shall be construed to create an exclusive arrangement between the parties. Orange County is free to provide services of any kind or nature to any other air or land ambulance service or program. 10. The Hospital agrees to notify Orange . County when The Hospital's air ambulance is responding within the geographic area covered by Orange County Office of Emergency Medical Services. 11. This Agreement shall run for a period of 3 years, from the 1st day of July, 1986 to the 30th day of. June, 1989 and shall be renewable thereafter upon written notice executed by both parties. 12. This Agreement or its renewals may be terminated at any time without penalty by either party provided that written notice of such termination is furnished to the other party at least 180 days prior to termination. In the event of such termination any payment due shall be prorated to the date of termination. 13. In compliance with 42 U.S.C. 1395x(V) (1) (I) and implementing regulations, Orange County agrees, until the expiration of four years after the services are furnished under this -contract, to allow the Secretary of the Department of Health and Human Services and the Comptroller General access to this contract and to the books, documents and records of Orange County necessary to verify the nature and extent of the costs of this contract, subject to and consistent with the policies and procedures contained in OMB Circular A-102 , Attachment P. Orange County further agrees that if any of the duties of this contract are carried out by a subcontractor of Orange County such subcontract shall contain a clause to the effect that, until the expiration of four years after the services are- furnished under such subcontract, the Secretary of the Department of Health and Human Services and the Comptroller General shall have access to such subcontract and to the books, documents and records of the subcontractor necessary to verify the nature and extent of the costs of such subcontract, subject to and consistent with the policies and procedures contained in OMB Circular A-102, Attachment P. 14. The Agreement contains the entire understanding of the parties and shall not be altered, amended or modified, except by an agreement in writing executed by the duly authorized officials of both parties. 15. This Agreement revokes and supercedes a similar Agreement between the parties dated April 1, 1986 for the services of five EMS communicators. Both parties agree that no • services were rendered and no payment is due pursuant to the April 1, 1986 Agreement. - 16. The laws of North Carolina shall govern the validity and interpretation of the provisions, terms and conditions of the Agreement. _ IN WITNESS WHEREOF, the parties have hereunto signed this Agreement in their official capacities of the day and year listed below. FOR AND ON BEHALF OF: FOR AND ON BEHALF OF: THE 77 CAROLINA v 'MORIAL HOSPITAL ORANGE COUNTY, NORTH CAROLINA a/ . Eric B. Munson Chairman, Executive Director Orange County Board of Commissioners DATE: .441f/,nE DATE: . . . . ----EXHIBIT A • .,i• ` "� moo+ �? y. A N1NG AREA JUIi�T PL. N •• .p.• 'y }. .. STRATEGY MAP • �4 - ....,:„..1..„„11 •- `` 1 i_ • ..I I 1:ej 1f:1,' A..!. !`7'. .jc 7 lg - e 1 � WiCli �si . • r.ijo i mar40••• 'I.!.jrlitior_ it.--.„7,..1.14... • •"•• al, .. . .r,f ` _ .-L7 i!�. !i- by R L BUFFER- II r -, 4 . .• • :' � ,, . f c: . vv * te •• 'r • s •Z " i.. 1 +fit �� – �1 a. , . A Ni-i,.4C. :1;:_:..4.-4, NV,I.Mirefriellike 1 I. .,4,, -„,„.„4„. ,ittfiNN\•:„...,10‘ito.,:„..),,,til,„,r..,., ,iv of°. •rs ••.,(e CN A _tL � � �r - • / r•. �;1:�-:�.;''��: set' j>,- .,4� .Y-:'.' . t.. C\� �4 �, irk ..,,_''fe -{ '' Al S•V r . >s r ..�P + - \ 1 �e,}�- Alt '• ....,;e! y� .tiff'"_ Y X4 ::. !� % it.- ' %41, r ce e sY :. c�j,., +»: �t tr ��/i1 1 . I ./VFji. .6• •4;4.:• -1;17..1N---. : .. J/ � m,'rVk 7• to Cobs T ,. ; 9 :. ._ .. `"HILL. -•: - ..'-•- • 2 (�°-i E . �`tip \ • �.,i ; �' w.\. • ." t•- I f A ..... .° • T HE+ w �� —: , ....., _41 .4. \ \ .v i ;1) a "1 6664°) „ •..,... ,,ii f i 1/ •i% t ( �t t 1r :�L1Y4; L • ..r - 1) f i _ •! �t I. .. ■ t / �� .... mown. �. 1 '.. .•••�,i• L1�.� / / ��w'r..• .•, ` , `•.'. 3 • -r.Y 1 r7 ice• :�• Chatham `County_._. • 6r...�`.,.�.�...:: .' {` t ,•�•�"• _ ' . Legend: ROAD IMPROVEMENT 10 YEAR TRANSITION • •—.• NEW STREETS SCALE C 20 YEAR TRANSITION - © QUARRY 0 2000 4000 6000 8000 v 0 ACTIVITY NODE CAS TRANSITION AREA BNORY EXTRATERRITORIAL LIMITS --- – --_•- . – - I»• T000 MUNICIPAL LIMITS • .•....sera CARRBORO--CHAPEL HILL API SNORT • -........