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HomeMy WebLinkAboutAgenda - 09-16-1986 • 4 ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING TUESDAY, SEPTEMBER 16, 1986 7: 30 P.M. OLD POST OFFICE CHAPEL HILL, N.C. A. BOARD COMMENTS B. AUDIENCE COMMENTS 1. Matters on the Printed Agenda 2 . Matters not on the Printed Agenda C. APPOINTMENTS D. MINUTES PAGE # E. PROCLAMATIONS/RESOLUTIONS 003 1. Emergency Services Week--September 21-27 005 2 . British Isles Gateway at Raleigh Durham Airport F. REPORTS 1. John Wray, Division of Water Resources to Address the Board G. WATER RELATED MATTERS 007 1. Town of Hillsborough Resolution 009 2. Reservoir Site Committee 014 3 . Long Range Water Management Strategy Committee o16 4. Water Supply Status and Ordinance Revisions H. PUBLIC HEARINGS 1. Zoning Atlas Amendments 025 a. Z-7-86 Allen and Doris Turner (Continued from 8-25-86) 051 b. Z-8-86 Robert Faircloth and R. B. Barlow, Jr. (Continued from 8-25-86) 062 2 . Land Use Plan Amendments a. Inventory of Sites of Cultural. . .and Geological Significance (Continued from 8-25-86) 068 3 . Zoning Ordinance Text Amendments PAGE # a. Article 10 Off-Street Parking and Loading (Continued from 8-25-86) Handicapped Parking Facilities b. Article 6.21.1 Existing or New Mobile Home Parks Deletion of retro-active application of design standards and report on public safety requirements for parks 082 4. Subdivision Regulations Amendments a. Section III-E Final Plat (Continued from 8-25- 86) Map Sheet Dimensions 085 5. Inspection Fee Schedule (Continued from 8-25-86 plus new proposals) I. ITEMS FOR DECISION--CONSENT AGENDA (Any item may be removed for separate consideration) 097 1. Planner III--Hiring Rate 098 2 . Transportation Lease Agreement with C.A.T. Agencies 105 3 . Transportation Driver Provision Agreement with C.A.T Agencies 108 4. Rental Rehabilitation Agreement 115 5. Child Support Enforcement Program Contract 120 6. EMS Public Hearing Date 121 7. Acceptance of State Land Records Funds J. ITEMS FOR DECISION 085 1. Inspection Fee Schedule 130 2 . Zoning Ordinance Violation 137 3 . Date for JPA Public Hearing 142 4. Plumbing Contract Award 146 5. Efland Sewer Easement K. ADJOURNMENT 4 ORANGE COUNTY Actions Agenda: BOARD OF COMMISSIONERS Item No,. C ACTION AGENDA ITEM ABSTRACT - MEETING DATE September 16, 1986 001 Subject: APPOINTMENTS I artment: BOARD OF COMMISSIONERS 1 Public Hearing: yes • X no 1 • Attachments: Information Contact: Beverly A.. Blythe Under Separate Cover - Phone Numbers: 732-8181, 9684501, • 22T-0231 PURPOSE: To maintain membership at effective levels on Commissioners' appointed Boards. The following vacancies are announced for the first time for information only: A-12- PRIVATE INDUSTRY COUNCIL -- three (3) expiration of terms for Earl Newsome, Irving Nach and Phyllis Lotchin. C-3 - CHAPEL HILL BOARD OF ADJUSTMEi - 1 vacancy (resignation of Douglas Ludy). The following vacancies are announced together with the indication of the status of securing candidates for possible appointment consideration. _ A-4 -- COMMISSION FOR WOMEN - 2 vacancies-- no recommendation has been received. A-13 RECREATION AND PARKS ADVISORY COUNCIL-- 2 vacancies-no recommendation has been'received. • A-14-SECONDARY ROAD IMPROVEMENT ADVISORY COMMITTEE- 1 vacancy; no resumes have been received. 8-5 - DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - 1 vacancy; •• 1.resume is submitted for your consideration. B-14-ART! COMMISSION - 1 vacancy; no recommendation has been received. RECOMMENDATION: As the Board decides. 002 ORANGE COUNTY Action Agenda BOARD OF COMMISSIONERS Item No. j) ACTION AGENDA ITEM ABSTRACT METING DATE September 16, 1986 I Subject: MINUTES IDepartment: BOARD OF COMNIISSIONERS f 1 Public Hearing: Yes X no I Attachments: Information Contact: Beverly A. Blythe Under Separate Cover Phone Numbers: 732-8181, 968-4501, 227-0231 PURPOSE: To correct and/or approve the minutes as submitted for consideration: September 2, 1986 - Regular Meeting NERD: Approval so the minutes may be entered into the official minute book in the Clerk's office. RECOMMENDATION: As the Board decides. BOARD Or COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM.•NO.C.1 MEETING DATE September 16, 1986 ooa SUBJECT: Proclamation of September 21-27, 1986, as Emergency Medical •Services Week DEPARTMENT: Emergency Services PUBLIC HEARING: YES X NO ATTACHMENT(S) : INFORMATION CONTACT: Bobby Baker 1. Proclamation PHONE NUMBERS: HILLSBOROUGH 732-81¢1 ; CHAPEL HILL 929--8109 PURPOSE: To recognize September 21-27 :as Emergency Medical Services week. NEED: To express appreciation to the Emergepay,_fledical Services volunteers and employees and to increase citizen awareness of the E.M.S. Program in Orange County. • IMPACT: Tours of rescue squad bases (Hillsborough & Carrboro) , Blood Pressure checks and equipment displays Monday and Wednesday, September 22 and 24, 1986, 9:00 a.m. - 1:00 p.m. RECOMMENDATION(S) : Approve proclamation. 1 EMERGENCY MEDICAL SERVICES WEEK 004 A PROCLAMATION WHEREAS, Governor James G. Martin has proclaimed the week of September 21 - 27, 1986, as Emergency Medical Services Week in North Carolina, and WHEREAS, the dedicated employees of the Emergency Mdical • Services provide professional, life-saving care to the citizens of our County and persons in needs from other areas of our Country, and WHEREAS, the devoted volunteers provide basic and advanced care to sick and injured persons in our County through their many unselfish hours of training and service, and WHEREAS, the citizens of Orange County have unanimously supported the Emergency Medical Services through lx)th taxes and generous donations, now THEREFORE, I, Don willhoit, Chairman, Board of County Commissioners, also do proclaim the Week of September 21 - 27, 1986, .-, as Emergency Medical Services Week and encourage all citizens of Orange County to continue to support their E.M.S. program. THIS, the day of September, 1986. Don Willhoit, Chair Orange County Board. of Commissioners ORANGE COUNTY 005 BOARD OF COMMISSIONERS Action A da Item No.� ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 16, 1986 SUBJECT: RESOLUTION SUPPORTING BRITISH ISLE GATEWAY AT RALEIGH-DURHAM AIRPORT DEPARTMENT: COMMISSIONERS PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 RESOLUTION TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To adopt a resolution endorsing a British Isle Gateway at Raleigh-Durham Airport. NEED: Triangle J Council of Governments Board of Delegates has approved a resolution in support of a British Isle Gateway at the Raleigh-Durham Airport. The Board of Delegates encourages Local Governments in the Triangle J Region to consider adopt- ing a similar resolution. IMPACT: RECOMMENDATION(5) : Approve resolution. ooE RESOLUTION IN SUPPORT OF A BRITISH ISLE GATEWAY AT RALEIGH-DURHAM AIRPORT WHEREAS, the economy of North Carolina and of the Triangle Region is strongly tied to international markets; and WHEREAS, the Research Triangle Park of North Carolina is the U.S. headquarters for several major firms with parent companies in the United Kingdom employing hundreds of United Kingdom citizens; e.g. Glaxo and Burroughs Wellcome; and WHEREAS, in the Triangle Marketing Region (eleven counties) and the Eastern half of N.C. served by the Raleigh- Durham Airport are located approximately twenty five British owned firms; and WHEREAS, there exists a well staffed Customs Service at the Port of Durham, RDU Airport to process interna- tional freight and passenger flights, it is a logical next step for the Triangle area to be provided with international passenger service; NOW, THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners urgently endorses the designation of the Raleigh-Durham Airport as a British Isle Gateway. This the 16th day of September, 1986. Don Willhoit, Chair Board of County Commissioners oo' ORANGE COUNTY BOARD OF COMMISSIONERS Action Awl: Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 16, 1986 SUBJECT: TOWN OF HILLSBOROUGH RESOLUTION--DEVELOPMENT OF A NEW RESERVOIR AT THE MOST FEASIBLE SITE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE, X501 F RESOLUTION TELEPHONE NUMBER: Hillsborough 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham -- 688-7331 PURPOSE: Members of the Town Council will be present to address the Board. NEED: IMPACT: RECOMMENDATION(S) : Mayor OOE IUWfl U+ Eillohorougli Town Clerk Frank H. Sheffield,Jr. Agatha Johnson HILLSBOROUGH, NORTH CAROLINA 27278 Supt. Water Works Commissioners James Pendergraph Myron L. Martin Horace H. Johnson Street Supt. R 1 Allen A. Lloyd ter L.D. Wagoner Remus J. Smith ■rear Chief of Police y Rachel H.Stevens r�zie�:, Arnold W.Hamlett Fire Chief John Forrest . RESOLUTION DEVELOPMENT OF A NEW RESERVOIR AT THE MOST FEASIBLE SITE WHEREAS, It is the obligation and primary objective of all elected officials to promote the health, safety and general welfare of those citizens whom they are elected to represent, and WHEREAS, During the Spring and Summer of 1986, Orange County suffered the most severe drought experienced in the last century from the lack of sufficient rainfall, and WHEREAS, the continued degree of demand from year to year causes the lake level at Lake Orange to drop during the summer season causing hard- ships to water users and commercial establishments, and WHEREAS, Lake Orange is the primary water source providing the necessary commodity to customers served by Orange-Alamance Water System, the Hillsborough Water System and further serves as a reserve source for Orange Water and Sewer Authority, and WHEREAS, the North Carolina Division of Environmental Management requires that water companies and municipalities maintain a required level of in-stream flow in the rivers below water and wastewater treat- ment plants in order to maintain aqatic life, and WHEREAS, since growth in the northern Orange County area continues requiring an additional water source, Therefore, the Hillsborough Town Board request the Orange County Board of Commissioners to begin immediate proceedings for the construction of a new reservoir at Seven-Mile Creek or at some other feasible location in.order to provide to Orange County residents adequate water supply during drought conditions. Also, the Hillsborough Town Board urges Orange County to proceed immediately with the raising of the level of Lake Orange dam by two feet thereby increasing the storage capacity of the reservoir. Further, the Hillsborough Town Board is committed to assist the Orange County Board of Commissioners in anyway to see that this - important project is undertaken as quickly as possible. Duly adopted this the 8th day of September, 1986. ORANGE COUNTY STATE OF NORTH CAROLINA I, Agatha Johnson, Clerk to the Hillsborough Town Boa..-.1 do hereby CERTIFY that the foregoing resolution was adopted by the Hillsborough Town Board on Monday, September 8, 1936 and is a part of the minutes of that meeting. WITNESS my hand and seal of the Town of Hillsborough, this the 9th day of September, 1986. r Town `'erk 00E1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agra Item No. Li ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 16, 1986 SUBJECT: RESERVOIR SITE COMMITTEE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No COMMISSIONERS ATTACHMENT(S) : INFORMATION CONTACT: Kenneth R. Thompson X501 and/or DON WILLHOIT X505 YES TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To establish the committee and set its composition, charge and timetable for rendering a report. NEED: The 1986-87 budget provides $60, 000 ($30,000 in Senate Bill 2 monies and $30, 000 in local match) to pay for engineering services necessary for selection of a reservoir site. Previous studies have differed in terms of criteria and con- clusions as to what constituted the most suitable site for a new raw-water storage impoundment on the Upper Eno River. During the 1970s Pridgen Qonsuitants, Inc. in a report to the Town of Hillsborough, identified a site on Seven Mile Creek as the highest in priority. The John R. McAdams Company's 1983 report to the County singled out the West Fork of the Eno as having the least constraints for water storage. However, data compiled by the State NRCD Division of Water Resources suggest that a higher safe yield reservoir could be obtained for a lower cost (in terms of land acquisition and dam size) by constructing a larger dam just below the existing Corporation Lake Dam. This was not pursued because of 1) the presence of an old mill within the vicinity, 2) restrictive convenants connected with title to the land, and 3) because of problems in ownership and financing that would have to be overcome. Analysis of this and other sites should be renewed at this time in order to determine the best site to pursue. Accord- ingly, it is proposed that a Reservoir Site Committee be esta- blished and charged with the assistance of an engineer to accomplish the following: 1 r rmmm 010 1. Review all past studies, 2 . Determine pertinent criteria for site evaluation, 3 . Document data resulting from the application of the data to each analyzed, 4. Identify any environmental, historic, or legal constraints and how they might be addressed, 5. Perform engineering tests necessary to determine feasibi- lity and costs, 6. Provide recommendations to the Board of Commissioners Committee composition is proposed to include representatives Hillsborough Orange Alamance County OWASA Report should be rendered 120 days from the date that the consulting engineer is selected. RECOMMENDATION(S) : 1) Establish committee with the charge, composition and time- table as outlined. 2) Authorize that a contract be developed and brought back at the next meeting for engineering services to be provided by the firm of Hazen and Sawyer, consulting engineers, based on its prior proposal and statement of fees. Hazen and Sawyer has, worked extensively in All aspects of SECTION IX rater supply planning and design throughout the United States and .broad. Relevant and recent experience in North Carolina is as QUALIFICATIONS AND WORK PLAN ollowss ' 2eRngo W # attd ewae t tvk, CarrbarM X:C. Hazen and Sawyer has performed all of the professional Cane Creek Dam and Reservoir engineering services encompassed in the Request for Proposals for various clients in North Carolina and throughout the United The Cane Creek Reservoir demonstrates Hazen and Sawyer's States. Since its beginning in 1951, Hazen and Sawyer has continuing involvement in the development of water resources concentrated its efforts in the field of. environmental In Orange County, North Carolina . Development of the engineering, those services related to the development of water reservoir was first recommended in a report. prepared for the supply and wastewater disposal projects. All of the proposed University of North Carolina by Hazen and Sawyer in IM9. personnel for this project have substantial "hands on" experience Since 1977, Hazen and Sawyer has worked closely with the directly related to their assigned tasks. orange water and Sewer Authority-to develop Cane Creek as an additional source of raw water to serve southern Orange We have presented below our evaluation of effort necessary > County. Cane Creek••was• selected as'the most appropriate for the preparation of each report, a brief list of similar source of additional wat'e•r supply after very careful projects undertaken by Hazen and Sawyer, with concentration on consideration of a number of alternative reservoir sites and projects in North Carolina, and our means of accomplishing each projects. Development of Cane Creek was recommended based item listed in the Request for Proposals. its capability to provide a -dependable high-quality source of raw water at •a reasonable cost to the citizens of orange County. II.A. UPPER ENO RESERVOIR DEVELOPMENT The project Includes an earth dam FEASIBILITY REPORT P j approximately 75-feet high, containing roughly 200,000 cubic yards of compacted fill, a gated concrete service spillway, a multi-level raw water intake, 10 mgd raw water pumping station and 6 mites ' Hazen. and Sawyer will undertake a feasibility study of water of 24 -inch diameter raw water transmission main. sv 1 develo ment In the U Preliminary engineering design and geotechnical P� Y p Upper Eno River Basin n as generally investigations. are complete.. out fined in the Request for Proposals. _ The project engineer designated for the Reservoir Department of water Resources, City of Durham, N.C. Feasibility Study would be Mr. Donald L. Cordell. Mr. Cordell Little River Dam and Reservoir has extensive experience in water supply planning and evaluation having been actively involved in the ongoing planning for The Little River Dam and Reservoir will provide the City of development of the Cane Creek Dam and Reservoir for orange Water Durham with an additional source of, raw wester to supplement and Sewer Authority and the Little River Dam and Reservoir for the City of Durham. Mr. Cordell has played a major role in the water from Lake Michle located oq the Fl-a-t.-Diver. Hazen and planning and detailed engineering studies and investigations Sawyer completed.the initial feasibility report recommending undertaken on each of these projects since joining Hazen and construction of the Littae River Dam in 1974 and has Sawyer in 1976. His experience in water resource development in prepared several subsequent detailed engineering and Piedmont North Carolina will insure that the feasibility report, environmental impact reports for use by the City of Durham a critical first step in the planning process for development of in support of the required permit applications. an additional water supply, establishes the background and In recommending construction of the Little River dam, Hazen technical Information necessary for the successful development of w}'and Sawyer evaluated numerous other dam sites on the Little a new source of supply. , Flat, and Eno Rivers. Raw water intakes in Falls Lake and Jordan Lake were also considered as possible solutions to 0 N It-1 __ _. _.. . 1I-2 o the need for additional water supply. The Little River dam and to add 'a new gated concrete overflow spillway. Th was recommended as the most appropriate long-term solution storage volume in the reservoir was increased from 800 t after careful consideration of all relevant factors 2200 million gallons . A 45 mgd pumping station equippe Influencing its suitability as a public water supply. with diesel engine driven pumps, stand-by generator, an chlorination facilities was constructed adjacent to th The project consists o€ an ea r.th dam approximately g5-ft. spillway and embedded in the earth dam. high containing roughly 500,000 cubic yards of earth fill, a gated concrete service spillway, a multi-level raw water Townsend Dam and Reservoir intake, 24 mgd raw water pumping station and 10,000 feet of 54-inch raw water transmission main. Portions of six Construction of the 6500 million gallon Townsend Dam anc secondary roads and federal highways will be abandoned or Reservoir was completed in 1969 and represents €ul ] relocated. When completed, the dam will form a 530 acre development of the Reedy Fork Creek supply. The dam is 4( reservoir impounding 4600 million gallons with an estimated feet high and contains roughly 190,000 cubic yards of earth safe yeild of 21 mgd. fill . Other facilities include a gated concrete overfloG spillway, a 36-inch diameter transmission main and 40 mgc Final design of the Little River Dam began in late 1982, low-lift pumping station containing three vertical pumps for Design work for the' raw water transmission main and the road delivering water to the Townsend water Filtration Plant. relocations have been completed and construction will begin Construction of the reservoir required reconstruction of during the summer of 1983. Final design of the dam and portions of two main roads and several secondary roads and pumping station will be completed in late 1963 with clearing of approximately 1500 acres of land. construction scheduled to begin in the Spring of 1984. Department of Public Works, City of Greensboro, N.C. Hagen and Sawyer has served as consultant to the City of Purpose and Approach to Reservoir Feasibility Study Greensboro on the development and design of the City's water The purpose of the Reservoir Feasibility Report will be to supply system for the past 25 years, During that period, identify and evaluate potential reservoir development sites in the firm has evaluated numerous projects and reservoir. sites the Upper Eno River Basin. In addition to the site previously to provide an orderly development of capacity necessary to identified on Seven Mile Creek, the study should consider other meet actual and anticipated water demands . The present potential sites further upstream in the Eno Basin which would not Greensboro system, with a combined safe yield of 46 mgd, is be subject to the influence of Interstate 85 or desired obtained from three reservoirs, designed by Hazen and industrial development in Cheeks Township. Reservoir sites Sawyer , in the Reedy Fork Creek .Basin, a tributary of the investigated must be capable of providing raw water of good Haw River. quality and sufficient quantity to meet the long-term water needs of Northern Orange County. We recognize that one of the Lake Higgins Dam objectives of this study is to determine the feasibility of reservoir sites upstream of Seven Mile Creek or the McGowan Creek Construction of Lake Higgins Dam was completed in 1956. The Basin which would permit industrial or other development in the dam was constructed over an existing earth dam and is Seven Mile Creek and McGowan Creek drainage areas. The outcome approximately 35 feet high containing 150,000 cubic yards of of the reservoir feasibility study will determine the extent of earth fill. The reservoir created has a surface area of 230 the feasibility study to evaluate.water and sewer extensions in acres and contains 800 million gallons of raw water storage. the Seven Mile Creek and MaGogan Creek basins adjacent to Raw water from Lake Biggins is released downstream to Lake Interstate 05. 1 Brandt for pumping to the Mitchell Water Treatment Plant. Hazen and Sawyer will complete the reservoir feasibility Lake Brandt Dam and Pumping Station study in a manner acceptable to the County and in general accordance with the outline in the Request for Proposals. In The original Lake Brand t Dam was constructed in 1923. In order to minimize the initial engineering cost, we will utilize 1960, Hazen and Sawyer designed and supervised construction existing information to the maximum extent possible. Utilizing of a project to raise the height of the existing earth dam the outline contained in the Request for Proposals, Hazen and II-3 =-- -` II-4 Sawyer will offer the following services in undertaking the reservoir feasibility study: a. Preliminary construction layouts will be prepared for the purposes of establishing the nature and 1) Hazen and Sawyer will collect and analyze the available quantities of work required. data for the purpose of determining the initial and future water requirements for the Northern Orange b. Estimates of land area needs and relocations will County area. Population and water use projections be developed to the extent possible based on developed by other governmental agencies will also be available information. obtained and reviewed to establish a complete data base for determining future water needs. This portion of C. Preliminary estimates of spillway requirements the study is very important since it establishes the will be developed based on current North Carolina safe yield that must be developed from reservoir sites regulations. evaluated during the feasibility study, and the likely timing of growth of the water needs. d Preliminary cost estimates Will be developed for construction, including land acquisition and 2) Utilizing existing sources , data will be collected est•fmated'annual operation and maintenance cost. concerning the existing land use features, historic structures and sites , geology, soils, climatology, e. Based on -information previously developed under socio-economic characteristics , water and biological Item 2 ) above and on the other projects , a resources , and point and non-point sources of preliminary assessment of expected environmental F pollution. Our current familiarity with many of these and socio-economic impacts will be made. basin characteristics will enhance our technical evaluation data base. 5) Hazen and Sawyer will determine the most appropriate site for development of a reservoir to meet the 3) Using existing topographic information, potential anticipated long-term water supply needs of Orange reservoir sites in the upper Eno Basin will be County. If it is determined that a combination of Identified and evaluated. At a minimum, alternatives reservoir projects is advantageous, a recommendation selected for study will include the Seven Mile Creek will be made for priority of construction. Particular drainage basin, the expansion of Corporation Lake, and consideration will be given to the extent of present s sites above the confluence of McGowan Creek and the Eno and near term needs and the expected timing of River. Evaluation criteria will include the following: development of the long-term need. If possible, a I step-wise construction program will be developed to a. Topographic and geophysical characteristics of the l i m i t i n i t i a l a xperid'i tunes and 't'a i for facility s site. construction to actual timing of needs. b, Determination of required storage volume based on 6) A report will be prepared -covering all the above , low glow hydrologic calculations, aspects of the study. The report discussion will include consideration of available methods for C.. Land and building acquisition and required financing, steps and procedures involved in relocation of highways and roads, implementing a reservoir development plan, and recommendations for protection of water quality within d. Drainage area location and characteristics as the reservoir drainage area both before and after related to present and expected future water construction. quality and suitabllity for use as a public water supply. 4? Based on the evaluation criteria above, a preliminar=y feasibility assessment will'be made for each potential reservoir site. For those sites determined feasible, the following Information will be develoFedr ' 0 H 014 ORANGE COUNTY BOARD OF COMMISSIONERS Action Aut Item No. %, ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 16, 1986 SUBJECT: LONG RANGE WATER MANAGEMENT STRATEGY COMMITTEE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No COMMISSIONERS ATTACHMENT(S) : INFORMATION CONTACT: Kenneth R. Thompson X501 and/or DON WILLHOIT X505 NONE TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider how water supply might be addressed through inter- 1 governmental agreements, financing and organization. NEED: In southern Orange the OWASA structure and customer base is of sufficient size to finance the water supply construction needs for its service area; however, no single utility--be it Hillsborough or the Orange Alamance Water Corporation--is broad based enough to finance the construction of major trans- mission lines and a new raw water impoundment for central and northern Orange. By the same token the County has not yet identified a revenue source to devote to such purpose alone or in conjunction with the water utilities. A policy of the Board is, in fact, to preclude the use of general fund revenue where only a limited portion of the citizenry is to be bene- fitted. To avoid an emergency resulting from the depletion of water reserve new facilities must be built to transfer water from other jurisdictions during periods of prolonged drought. In addition, the means must be found to finance a reservoir to meet current and future growth needs. Therefore it is proposed that a Long Range Water Management Strategy Committee be formed to identify alternatives and develop recommendations. Specifically it is to outline: Transfers 1. The water transfer options available to meet projected demand for the next 2, 4 and 8 year periods 2 . Sources for such transfers 3 . Costs associated in terms of one-time construction, and per 1, 000 gallon purchases ib O1 4. Contract conditions 5. Means of financing Reservoir 1. Water demand projection to the year 2025 2. Hypothetical cost amounts associated with different reser- voir sizes 3. Financing options (bonds, bulk sales, surcharges on retail sales, lonas, grants, accessibility fees, etc. ) 4. Service area to be benefited and assessed for the improve- ments 5. Organization(s) and organizational structure alternatives to support the project 6. Recommendations Committee composition should include: Hillsborough, Orange- Alamance, OWASA. Access to technical assistance for the Committee shall be arranged by the County Manager. RECOMMENDATION(S) : Approve the establishment, charge and composition of the com- mittees together with a report suspense date of 180 days from the date of this action. ;; ORANGE COUNTY 01 E' BOARD OF COMMISSIONERS Action Agenda Item No. GLI ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 16, 1986 SUBJECT: WATER SUPPLY STATUS 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 update the Board on current conditions and what actions may be deemed advisable to refine the ordinance. NEED: The water situation has slowly improved due to an unusual amount of rainfall during late August. Lake Orange has risen from the 38 inch low reached as of August 19, 1986. It is now at 27 1/2 inches below full--up 10 1/2 inches. This amounts to restoration of a little less than half of the storage volume lost due to releases necessary to supply downstream needs earlier in the season. Corporation Lake is full with some spillage from flow in the West Fork of the Eno. Lake Ben Johnston is 25 1/2 inches below full. Instream flow is 585, 000 gallons per day as of September 12, 1986. Conservation should continue since we are by no means back to normal conditions. There is, nonetheless, an opportunity for a window of relief from mandatory restrictions. Commissioner Lloyd had suggested that this relief be accomplished by revising the ordinance to cause the condition of the downstream reservoirs to be taken into account in deciding on drought management stages. Another approach would be to alter the start of conservation measures from 90% to 80%. Discus- sions with John Wray (Division of Water Resources) since the last meeting reveal advantages and disadvantages to either approach. Spillage at the lower reservoirs has the appearance of some improvement and gives cause for the public to feel that conditions have eased. However, the disadvantages is that such surplus may not signal an area-wide improvement change in drought conditions, as in the case this Fall. The lower reservoirs are small in size, subject to variable river flow, and subject to having to be manually operated to func- tion below full in order to capture intermittent rainfall. Any relief from taking these conditions into account could be temporary and cause conservation measures to be on and off. U1 Alternatively basing conservation on Lake Orange levels allows the prime storage to be the determining factor. It is right now the only means of withstanding a lengthy drought. It is therefore recommended that the ordinance provisions relating to it remain in effect. A second recommendation is that the Board revise Table II in respect to: 1. Triggering stage II at 80% rather than 90%. This would avoid going in and out of alerts too frequently. 2 . Permitting instream flow of 1.1 million gallons from 100% down to 80%; 650, 000 gallons from 80% to 60%, 390,000 gallons from 60% to 40%, and 0 gallons from 40% to 0 lake volume. This is per the recommendation of the Division of Water Resources. Thirdly, it is recommended that a different staging table be put into effect if a drought starts earlier in the season as it did this year. Normally water scarcity begins in September and runs through November. This year, however, shortfalls were evident as early as last Fall 's (1985) dry weather through the Spring. This prompted having to start releases in late May versus September. Whenever this reoccurs there should be provision in the ordinance to signal a different procedure. Possible wording will be distributed as soon as it is ready. IMPACT: Improve administration of the ordinance. RECOMMENDATION(S) : 1. Retain Lake Orange elevation levels to activate the stages under the ordinance. 2 . Alter Stage II to begin at 80% of usable storage rather than 90% . 3 . Permit instream flow of 1.1 million gallons from 100% down to 80%; 650, 000 gallons from 80% to 60%, 390, 000 gallons from 60% to 40%, and 0 gallons from 40% to 0 lake volume. This is per the recommendation of the Division of Water Resources. 4. Direct staff to explore wording to account for seasonal variation in any drought management strategy and procedure. AN ORDINANCE PROVIDING FOR THE CONSERVATION OF WATER O1 E DURING A WATER SHORTAGE, RESTRICTING THE USE OF WATER AND WATER WITHDRAWALS, AND ALLOCATING AUGMENTED STREAMFLOW FROM RESERVOIRS. WHEREAS, University Lake is a significant 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 significant reserve water source for (a) supplying Hillsborough, Orange Water and Sewer Authority, 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 in these reservoirs can extend the time and availability of suplies for all users during critical periods; and WHEREAS, some degree of demand reduction and cooperation by the users of the water in these reservoirs can extend the time and availability 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-121 authorizes owners of stored water to set rules to govern water allocation during drought periods; and 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 Johnston. 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 7 flow established for its service area plus the proportionate Q 1 G share of other water users' share plus instream flow need cal- 4 culated for the Eno River below Lake Ben Johnston. 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. 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 al 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 ive written substantiation of the need for the exception with its request. In the event the Chairman of the Board of County Commissioners issued 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 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 Hillsborough Waste Treatment Plant. Where water for construction is needed from the Eno River written permission shall be obtained from a water providing,; utility. All such water shall be considered as a portion of the utility's water allocation. A copy of the written approval shall be delivered to the Orange County Manager immediately. 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. 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 byi 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 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.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, service station aprons, parking lots, office buildings, 021 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 intentionally waste water. 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 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, 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-I1 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 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. 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 02 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 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 $50. 00 or imprisonment not to exceed thirty days, as provided by N. C. General Statute Section 14-4 . Any such violation may be enjoined, restrained, or abated as provided by N. C. General Statute Section 153A-123 (d) and 153A-123 (e) . B. If any section, subdivision, clause or provision of this ordi- 1 nance shall be adjudged invalid, such adjudication shall apply only to such section, subdivision, clause, or provision so adjudged, and the remainder of this ordinance shall be deemed valid and effective. C. All Ordinances and clauses of Ordinances in conflict herewith are repealed on the effective date of this Ordinance. The Ordinance entitled "AN ORDINANCE PROVIDING FOR THE CONSERVATION OF WATER DURING A WATER SHORTAGE, AND RESTRICTING THE USE OF WATER DURING MORE SEVERE SHORTAGES" and as amended, is repealed on the effec- tive date of this Ordinance. The adoption of this Ordinance, 0 2 U however, shall not affect nor prevent any pending or future prosecution of, or action to abate or enjoin, an existing viola- tion of said Ordinance. D. This Ordinance shall become effective when adopted. Adopted this the 10th day of JULY , 1986. ICI a TABLE II DROUGHT MANAGEMENT PLAN ORANGE COUNTY, NORTH CAROLINA WITHDRAWAL REDUCTIONS THROUGH CONSERVATION & WATER TRANSFER (ASSUMES NO TRANSFER FROM MEBANE/GRAHAM/BURLINGTON) PERCENT OF USABLE ELEVATION TARGET PERCENT WATER USAGE/ALLOCATION LIMIT-MGD ACTION STORAGE AT WATER BELOW EXTENT OF REDUCTION THRU STAGES LARE ORANGE SPILLWAY CONSERVATION CONSERVATION ORANGE PIEDMONT INSTREAM HILLSBOROUGH OWASA ALAMANCE. MINERALS FLOW TOTAL I. Normal 100% 0 None None 1.80 .50 .80 .15 1.10 4.35 (Below normal 2.20 Lake Orange water II. Alert 80% 28488 Voluntary 10$ thru voluntary 1.60 (A) .72 .13 .65 3.10 2.20 restrictions III. Warning 70% 3'9" Mandatory 15% thru mandatory 1.53 (A) .68 .12 .65 2.98 2.20 restrictions 60% 51611 .39 2.72 IV. Danger 50% 6'4" Severe 17% severe mandatory 1.50 (A) .66 .12 .39 2.67 Mandatory restrictions 2.20 V. Emergency 40% 71511 Stringent 24% stringent 1.37 (A) .60 .11 0 2.08 Mandatory mandatory restrictions 2.20 VI. Crisis 30% 914" Rationing 55% water rationing .80 (A) .36 .06 0 1.22 VII. Usable 10% 14 ft. Storage (A) During ACTION STAGES II-VI of the Lake Orange Conservation Stages, OWASA shall be allocated up to .50 MGD, which may be withdrawn as prescribed in this ordinance and as prescribed in any contract between OWASA and other water users named in this TABLE II. Any such allocation shall only occur when the number of usable days of water O remaining from all other water supply sources available to OWASA is less than the number of usable days of water N remaining in the water supply reservoirs of Lake Ben Johnston, Corporation Lake and Lake Orange including augmentation 'A from other sources. The number of usable days of water remaining in the water supply reservoirs of Lake Ben Johnson, Corporation Lake and Lake Orange including augmentation from other sources shall be determined using the water usage allocation limit, including instream flow, established in this TABLE II. ORANGE C O U N T Y BOARD OF COMMISSIONERS 025 ACTION AGENDA ITEM ABSTRACT Meeting Date $eptjiiber J.6, }986, Action A 9�g enda Item 1 -r0.• SUBJECT: Z-7-86 (REZONING REQUEST) ALLEN AND DORIS TURNER DEPARTMENT: PLANNING PUBLIC HEARING X Yes Irc. Attachment(s) Information Contact: EDDIE KIR= K APPLICATION VICINITY MAP SUMMARY SHEET IMPACTS STATEMENT AGENCY COMMENTS Telephone Numbers - Hillsborough - 732.-8.181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive public comment on a proposed rezoning request,. submitted by Allen and Doris Turner. NEED: Allen and Doris Turner are requesting rezoning of a 14..97 acre tract located on a gravel access road partially maintained by NCDOT. The access road connects to U.S. 70 at the southwest intersection corner of U.S. 70 and Interstate 85 in Eno Town--- ship. The property is known as Lot 77 and 77A of Tax Map 25 . The property is located in an area designated Twenty Year Transition and Commercial-Industrial Transition Activity Node in the Orange County Land Use Plan. The present zoninj classification of the property is Rural. Residential (R-1) . T ,M applicant is requesting the lot be rezoned to. General Commercial-4 (GC-4) . IMPACT: Approval of the request would allow development of the full. range of commercial uses at this location. Properties to the east and west of the tract are zoned GC-4. Rezoning of the property would allow for the development of the site as a single commercial project or, alternatively, the subdivision of the property into individual lots for commercial development . RECOMMENDATION: The Planning Department recommends approval of the general rezoning. \� 12994 ACC \\ 2 3 AC f g 1TACCA! \ 127 AC. ! x•9273 45.44 AC CAL./ 293ACCAL. /g�a76 --� _ g - �91b `27/ T ~ ! l72% aas9 ,coat 73 T.77 XCAL. 435 AC 3 At ' CAL. �T���\� I/ .�37 '� 6311 374 `CL +trued 26 r \ �`` � � � • � V).()[AG. 1.74AC• g =`�` 25 Q6 �l I AC LIAC. �� _��_ 0 •00 e 7983 1 3-46AC. rV F -��—=_—__ _ \= roc= —= ORANGE COUNTY, NORTH CAROLINA APPLICATION FOR CHANGE OF ZONING DISTRICT O2 Date June -16, 1986 • TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make application to change the Zoning A = fa:x of Orange County as hereinafter requested . the eastbound lane of 1 . . The property is Located on - the south side of S .R.#U.S. Hwy. 7 I - - Street/Hoed) between S.R.# 412 end S.R.# 1715 It is known as Lot(s) - 77 Wrack Orange County Tax Map. 25 Eno _Township .. It has a frnntiage of 634 feet and a depth of 765 feet, and contolins square feet or 14.97 . acres . 2. It is desired and requested that the foregoing property --be rI:zcined from R-1 to GC-4 - -5.- The- _following. information has .,bean _--attached _._.in___. support -of the application for changing the Zoning Atlas (* -- required on . all applications) . - *a. A rutty dimensioned map at a scale of not tees then ens (11 inch - equals one—hundred (1001 feet nor more then ono 11) inch equate. - - :--twentyC201 Teet--showtng'-...the -hand --which - is proposed to be _ rezoned. *b. A Legal description of the Land proposed to be reed. *c. A statement of justification addressing one or mere of the following: (9) The alLeged error in the Zoning Ordinance, if any, which would be corrected by the proposed amendment with a detailed. explanation of such error in the Zoning Atlas and detailed reasons how the proposed amendment wilt correct the error.. • (2) The changed or changing conditions, tf any, is the area or in the County generally, which make the proposed amendment - . reasonably neceseery to the promotion of the pub Lie health, . safety end scenarist welters. *10) The wanner in which the proposed amendment wilt carry out the intent and purpose of the .edopted Lend ilea Plan or part 'thereof. e(4) ALL other 'circumstances, factors end -reopens which the - - applicant offers in support of the proposed amendment including, but not Limited to, documentatioc Pram service . • agencies (e.g. fire, police, rescue and utilities agencies) • assuring services provision capability to the development. d. - A List of aLL individuate, firms or corporations- owning property adjoining or within five hundred 1500) feet of the property - - sought for rezoning is attached. The List is current,. as of -(Dotal -I certify that all information furnished in this, application is accurate to the best of my knowledge . • • • Applicant ( s) : Allen and Doris Turner . � �^_ _ Address : 5001 Raintree Rd. , �/ gL _ __r___ Durham, NC e neth EEbree • Phone: 383-4856 Attorney for A licant . LEGAL DESCRIPTION FOR USE IN APPLICATION FOR CHANGE OF ZONING DISTRICT BY ALLEN TURNER AND DORIS J. TURNER • BEGINNING at a stake located on the south side of the right-of.-stay for the east bound lane of US Highway X70 said stake being the northea :r corner of Property of A. K. Jackson Estate as shown on a map hereinafter referred to; thence along and with the south side of said right-of-way along a.. clockwise curve having a radius of 2,533.57 feet a distance-of 299.60 feet to a point; thence continuing with the south side of the said right-of-way along a clockwise curve having radius of 2,954.79 feet a distance of 5.43 feet to a point; thence South 42° 15' 41" West 30.00 feet to a point; thence continuing with the south side of the said right-of-way along a counterclockwise curve having a radius of 2,984.79 a distance of 329.43 feet to a point, the northwest corner of Lot #2; thence along and with the west line of Lot #2 South 26° 5' West 300.00 feet to a point, the southwest corner of Lot #2; thence along and with the south line of Lot #2 South 65° 1' 0" East 208.05 feet to a point the southeast corner of Lot #2, said point also being in the west line of property of Ken Coin; thence along and vith Goin's west line South 14° 30' West 424.61 feet to a point, Gain's soutIEcr. st corner; thence North 81° 28' 0" West 196.75 feet to a point, .a corner of property now of formerly owner by A. K. Jackson Estate;, thence along and with Jackson's north line North 65° 18' 0" West 538.38 feet to a point, a corner of property of Dorothy C. Bane; thence along and with Bane's line North 29° 38' 0" West 330.85 feet to a point; thence North 21° 23' 0" West. 18.00 feet to a point, a southeast corner of A. K. Jackson Estate; thence along and with Jackson's east line North 34° 20' 20" East 765.70 feet to a .. point and place of BEGINNING and being a tract of land containing 14.97 Acres more or less as shown on a map entitled "PROPERTY OF GEORGE W. HONEYCUTT", by Credle Engineering Co., Inc. dated December 6, 1985,. to which map reference is made for a more particular description... Reference is also made to map entitled "PROPERTY OF GEORGE W. HONEYCUTT", by Credle Engineering Co. , Inc., dated August 6, 1985. - • Ou The area for which the change of zoning district is sought here f... lies among property currently . zoned General Commercial 4. In point of fat.t, all land. which abuts the south side of the right-of-way for Interstate 85 and Highway 70 from North Carolina Secondary Road 1812 to a point some 1200 - l300 feet- east of the subject property with the exception of a ' small. lo.t immediately adjacent to the subject property is presently zoned GC-4. In addition,,. there is significant concentration of commercial property located on the north side ' of Highway 70, just across from - our property. This commercial property contains , the Best Western Motel, the Latta Construction Company . and. a significant general commercial tract which is currently undeveloped.. A. copy I, of the Orange County. Tax Map showing this area is attached. The areas currently having the zoning designation of General Commercial 4 are shaded` in ' yellow so that, in a graphic manner, it can be seen the extent to vMrh General Commercial surrounds the subject property. The lot sine is appropriate to the method of water supply and sewage disposal in use... The property has a direct means of access to Highway 70 via the access read adjacent to the property to the north. From the existing zone designa:tio:s of the surrounding property, the change of zoning district to Ceaaral Commercial 4 from R-1 for the subject property would simply coordinate with . the surrounding land use designations. WI.HEALTH De2A.R311111BIT - ci,....i.iin• 9521-9257 x Csatiorer EES-pia Q3C .. Carr P4S.Mai, Suittp225 iW ea:G'r ---z.. 16:15,Sit. Ca r.N.c. VS to • - aa�. 1.6‘n L �ectsd that nns wage da o��a&L- slim ac 111e c �c_e �wi��i off"IA Lz.vit fl Starlike .Hv.17O - _ . Tha& srateat appeared:- tcr, be woriaag prcrperLy. ore thag. dater.. . �!Q Township, Tax Map #•25- , Block•#- ' ,, Lot-is, 77 . _ • • • 1. STA• d`w 7Fq ig 031 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION - Greensboro, NC 27429-0278 • February 5, 1986 - JAMES 0, MARTIN GOVERNOR . • • DIVISION OF HIGHWAYS JAMES E. HARRINGTON SECRETARY Mr. Eddie Kirk Planner - Orange County Planning Department Hillsborough, NC 27278 Dear Mr. Kirk: • This is in reference to rezoning for Allen and Doris Turner on SR1812 adjacent to the southwest interchange of I-85 with US70. We would recommend one access gear the.eastern boundry of property for sight distance considerations. SR1812 is a soil road. . It is recommended that SR1812 be paved as a minimum between. the developer's access and existing pavement on SR1812. . State maintenance on SR1812 begins at its connection with IIS70 and runs westward to the bridge. The bridge is not state maintained. If we can be of any further help please advise. Sincerely, J. W. Watkins _ DIVISION ENGINEER JWW/DBK/cb - cc: Mr. D. B. Kelly • An Equal Opportunity/Affirmative Action Employer LI N DY PEN DERG RASS Sheriff of Orange County Hillsborough, North Carolina, 27278 Office Phone: Hillsborough 732-2431 Chapel Hill 942-6300 Residence Phone: 929-5535 03 • TO: Orange County Planning Department FROM: Sheriff Pendergrass DATE: January 17, 1986 REF: Law Enforcement for Proposed ,Rezoning Request/ Highway 70 East (Carolina Paving) The proposed zoning change on Highway 70 at Carolina Paving will have little impact on the Orange County Sheriff's Department. This is based solely on information furnished by Mr Kenneth.Embree on the nature of the rezoning request. j • • ��cDOran e Count Redcue S uactr 261 S. CHURTON ST., EXT. HILLSBOROUGH. NORTH CAROLINA 27278 . U 3.. January 16, 1986 To Whom It May Concern: . Orange County Rescue Squad covers all areas of Northern Orange County including the area where Carolina Paving Company is presently located on Highway 70 and also where they are relocating on Highway 70- about 1 mile west of old location. Orange County Rescue Squad 034 . ENO FIRE PROTECTION ASSOCIATION RT. 1, BOX 274 DURHAM, N. C. 27705 EASY ORANGE INSURANCE DISTRICT January 16, 1986 ) . Allen Turner 9001 Baintree Rd. • Durham, North Carolina • Dear Sir: The rezoning-request you want will pose no problems for fire protection in that area. Very truly yours, 40F.,101rit6 R.L. Baker Chief • We 03 ORANGE COUNTY PLANNING DEPARTMENT mLLSBOROUGH . NORTH CAROLINA 27278 � X11 rid • CERTIFICATE OF MAILING ZONING ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA • i , M rvin` Collins., Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that on or about August 152. 1986,, i mailed, by certified mail , postage prepaid, a - Notice of the Public Hearing to be held on the Lastuftat h AIL= ,n, por,I . Turn z 12t. Kra-onlRa DI property located In Easl Township iron B=1 I a tlat fix aeaftLA1 Commercial GC-4 to each property owner- as required by Article 20, Section 20 .6.3, of the Orange County - Zoning Ordinance. The notice mailed specified the date, time, place and subject of • . the Public Hearing on the zoning classification change. I WITNESS my hand, this 15th day of Augusti. 1986. . tom. - Marvin Collins Zoning Officer • • • • ORANGE COUNTY PLANNING DEPARTMENT O3 E HILLSBOROUGH NORTH CAROLINA 27278 - MEMORANDUM TO: Orange County Planning Board FROM: Eddie Kirk, Planner II DATE: August 8, 1986 SUBJECT: Z-7-86 - GENERAL INFORMAT19N APPLICANT: Allen and Doris Turner 5001 Raintree Road Durham, NC LOCATION: Southwest corner of the intersection of U.S. 70 and Interstate 85 In Eno Township. STATUS OF APPLICANT: Owner REQUESTED ACTION: Approval of a rezoning request from Rural Residential (R-1 ) to General Commercial-4 (GC-4) . PURPOSE: To allow commercial development. LOT SIZE: 14.97 acres or 652,093.2 square feet EXISTING LAND USE: Vacant cleared land SURROUNDING LAND AND ZONING: - North Interstate 85 and U.S. 70 Interchange - South - Greenbrier Estates subdivision zoned R-t East - . Small lot zoned GC-4 on 7-7-86 and the Confederate Inn Motel. zoned GC-4 West - Vacant land zoned GC-4 TI Z-7-86 (REZONING REQUEST) PAGE 2 03 LAND USE PLAN: Designated 20-Year Transition and Commer- cial- Industrial Transition Activity Node. ZONING: The property is zoned Residential-1 CR-1) and subject to the standards of the Major Transportation Corridor (MTC) overlay zoning district. The Twenty Year Transition plan category provides rezoning to all R of 1 3th.e residential zoning dor tr The Commercial- industrial Transition Activity Node Plan Category provides for rezoning to all of the commercial and industrial zoning districts. - • • • 03 ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH NORTH CAROLINA 27278 •r.i1 N - b` .� • • MEMORANDUM TO: . . ORANGE COUNTY PLANNING BOARD . FROM: EDDIE KIRK • DATE: AUGUST 8, 1986 - SUBJECT: ALLEN AND DORIS TURNER REZONING DEVELOPMENT IMPACTS WATER AND WASTEWATER SERVICES The nearest water line In the area is a 16-Inch line on Highway 70 extending from Durham to the Durham Dog Kennel . The Turner property would thus be served by an individual well (s) . An 8-inch gravity sewer . line is proposed to be constructed into Orange County from Durham in the late spring or early summer of 1986. However, the line will only extend to the intersection of U.S. 70 and N.C. 751 . The tract will , therefore, be served by ant on-site septic system. A letter has been received concerning the existing septic system. The system is functioning properly, however, no further information has been received on the suitablity of the remainder of the site for on-site wastewater systems. ROADS/TRAFFIC The property is located on a gravel State-maintained access road leading to U.S. 70 at the southwest intersectional corner of U.S. 70 and Interstate 85. The tract has 320 feet of road frontage on the access road, 220 feet of which is maintained by the NC Department of Transportation . (SEE VICINITY MAP) The latest traffic information is from a 1982 NC DOT traffic count. The information indicated a count of 5800 trips per day on Highway 70 at the Durham County line. Traffic generated by development of the site could range from 3,311 trips per day for an office use to 20,460 trips per day for a complex of retail stores with a common parking area . (no one store has more than 100,000 square feet of gross floor area) . It is unlikely, however, that the property would be developed to • • • AUGUST 8, 1986 PAGE 2 . PLANNING BOARD. MEMO . - 03E., • ALLEN AND DORIS TURNER IMPACTS that intensity. An .example of a more likely development of the site would include a 1 ,500 square. foot fastfood restaurant, a 5000 square foot office building and a 10,000 square foot warehouse. Such uses would generate a total of 938 trips per day. PDL ICE. F RE-AND__RESCUE_SER11 1 CES The Eno Volunteer Fire - Department, Sheriff 's Department and Orange' County Rescue Squad have all •commented on police, fire and rescue . service and have indicated their ability to serve the property. (See letters dated January 16, 1986, _ January 16s 1986 - , and January 17, 1986 respectively. • RELAYJW $HJP BETWEEN LAND USE PLAN AND 2ONJ11G ORDINANCE • The property is located within the Eno-2. Commercial/ industrial . - . Transition activity node and the Twenty Year Transition Area. The Commercial/ Industrial Transition activity node designation corresponds with the full range of commercial and • Industrial zoning districts from Local Commercial--1 . (LC-1 ) • through- Industrial-3 ( 1-3) . The. Zoning Ordinance states that property to be designated GC-4- must have. direct access to major collector streets, as designated• . by • the adopted Land Use Plan . The access - road which this property fronts on leads directly to U.S. 70 which Is designated as an arterial in the Orange County Land Use Plan. . Permitted 11ses • The purpose of the General Commercial IV (GC-4) - district is to • provide suitable situated and sized sites in Eno and Hillsborough •. Townships that. allow a• broad range of commercial , _office and • . service uses. Rezoning of the site would allow for development of the property for those uses permitted by right In the district. . • In the GC-4 district, 'uses permitted by right include: PERMITTED BY RIGHT Daycare, Day -Nursery, Private Kindergarten _ Family Care Home • Rehabilitative Care Facility - Hotels/Motels • • Accessory Uses • _ . Botanical Gardens . Bus Passenger Shelter Bus Terminals/Garages Church. • Governmental Protective Services . Military Installations �... _,.. . _....�..... ....- • 0 4 C AUGUST 8, 1986 PAGE 3 PLANNING BOARD MEMO ALLEN AND DORIS TURNER IMPACTS Parks, Public and Non Profit Parking (as a principal use) Vocational Schools Schools of Dance, Art, Music • Universities, Colleges, Institutions Governmental Facilities - Sewer/Water Pump Stations Animal Hospitals/Veterinary Assembly Facility Banks/Financial Institutions • - Beauty/Barber Shops Clubs/Lodges Drive-in Theatres Farm Equipment/Sales - Funeral Homes Greenhouses (No on premises Sales) - Greenhouses (On-premises Sales) Health Services : Hospitals - Laundry & Dry Cleaning Services Libraries Motor Vehicle Maintenance & Repair Motor Vehicle Service Stations Nightclubs/Bars . Office/Personal Services (all types) Postal & Parcel Delivery Services - Printing & Lithography . Recreational Facilities (Profit/Non profit) Golf Club/Course Electronic/Applicance Repair Services Research Facility Restaurants ( all types) Retail Trade Sales & Rental-Convenience Goods (all types) Retail Trade Sales & Rental-Durable Goods (all types) - Storage & Warehousing ( Inside Building) Wholesale Sales - PERMITTED Wind THE l SSUANCE OF A CLASS A SPECIAL Residential Hotel (Fraternities, Sororities, Dormitories) Public Utility Substation . Adult Uses Junkyards Waste Management Facility - EE RM.ITTED__WITH THE I,SSIJANCE OF A CLASS_B_SPEcIAL 11 Group Care Facility Portable Buildings Radio/Television Towers and Elevated Water Storage Tanks Transmission Lines . Kennels/Riding Stables . ie AUGUST 8, 1986 PAGE 4 041. PLANNING BOARD MEMO ALLEN AND DORIS TURNER IMPACTS Recreational Facility (Non--Profit) • Rezoning of the 14.97 acres will permit development of the parcel for a single commercial project or subdivision _ into individual development sites dependent on soil suitability for on-site wastewater facilities. Development • of the lot( s) requires . compliance with applicable requirements of the Zoning Ordinance, including the Land. Use Intensity System (floor area, open space, etc.) , landscaping and screening, parking, signage and the Major Transportation Corridor overlay rezoning district. - - • • • • FINDINGS Of THE ORANGE COUNTY PLANNING DEPARTMENT* PERTAINING TO APPLICATION. Z -7-86 (Rezoning Request ) Allen and Doris Turner BASED ON THE APPLICATION MATERIALS SUBMI TTEO p THE PLANNING. STAFF RECOMMENDS THAT THERE IS EVIDENCE TO SUPPORT THE. FOLLOWING FINDINGS: ARTICLE 24 - SPECIFIC STANDARDS FOR EVALUATION/REZONING- ARTi CLE 20 SPECIFIC STANDARDS FOR EVALUATION/REZONING ("Yes" indicates compl 1 ante; "No" indicates Noncompl 'r ante f PLANNING STAFF PLANNING. FINDINGS BASED ON BOARD SUBMI TTEU APPLICATION EVIDENCE SUBMITTED TO SUPPORT FINDINGS RECOMMENDED Ordinance' Requl rements FINDINGS The application must comply with all requirements specs- f i ed i n .'Article .20 - Amend- "ments. 'Those requirements Inc] ude; 20.32 a) .Map showing affected Yes No Site Plan provided at scale of - Yes No s property at scale-of not less 1"=100' than 1 '= .10011 .nor more than i 20' 20.3.2 -b) Legal description of Y es �,-,-No Description provided with application .-.Yes No i property 24.3. c) Explanation of alleged "x_,Yes N o No error alleged �es No ! e-rro-r., If any, to be corrected by proposed amendment 20-3.2 d) Changed conditions, If x Yes No Applicant cites GC-4 zoning on both sides--Yes "'--No f any, which make amendment reasona- and across US 74 and I-85 as justification i bly necessary to promote public for zoning,change. .The tract :immddiately -to the health, safety and general we 1 fa re: east. was- rezoned from 94�1 to GC-4 on 7-7-86. x Property is located in a 20 Year Yes No 20. 3.2 e) Manner In which proposed Yes No Transition Area and Commercial/ amendment will carry out purpose industrial bode and intent of adoptbd Comprehensive -- pian. • 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/Industrlal Activity Mode. 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 A Latter has linen received concerning 'Yes No site or are to be made available as the existing septic system. This system part of the development process or Is functioning properly however no further the lot size for individual uses are In -or-mat-l-on--has—teen-r-ece-i-ved-on--the--re!rai nder appropriate to the method of water of the site. Durham has indicated its ability to supply and sewage disposal. serve the tract adjoining on the east with water/sewer. . 3. All property to be .designated for new X Yes No The access road (SR1$12) is malntalned Yes No development under this classification by NCDOT for a distance of approximately shall have direct access to major 220 feet along the frontage of the property. collector streets, as designated by This road leads to US 70 which is designated. the adopted Land Use Plan. as an arterial In the Land Use Plan. ►ta •ORANGE COUNTY PL NNING DEPARTMENT )IILLSBOROUGU - - - 044 NOR ii CAROLINA - 27278 - 3 rr--,S2 ,,t Cl**' - July 299 1966 • • Kenneth R. Embree - - • • Suite 210 - - Duke Forest Place j 3326.-Chapel Hill Blvd . • . Durham, NC 27707 - Re: Allen and Doris Turner Rezoning - _ - • Dear Mr. Embree: In reviewing the - application ' for the Allen and :Doris Turner rezoning . request, . I have found. two major items that must_ be addressed . In Apri I of this year a site plan was submitted for-this • property. This site plan showed the property located in the Major Transportation Corridor had been clear cut and graded. The planting dates as indicated on this plan have not been complied with, therefore, a new plan with new dates must be submitted . The plan must also indicate the areas that have been cleared and areas that are presently wooded. To- compiy with. the Zoning Ordinance these plantings must be done immediately. if it is impossible to plant immediately an _ • estimate may be submitted for the plantings. - Along with this - estimate an escrow agreement or irrevocable letter. of credit must be submitted for the amount of the estimate plus iaf. This agreement . or letter of credit would be valid for one • year from the date of - approval of the site plan. - When the plantings are completed by . the developer the money in the escrow agreement or letter of credit would be released. If -. the plantings were not completed within this period of time - Orange County would be able to obtain this money y -to complete -. . the plantings required . .The second item that must be addressed is an Erosion Control Plan. - The Erosion Control Ordinance requires an Erosion . Control Plan when 20,000 sq. ft. -of land is graded. Please • • • • • • • • O4 • Kenneth R. Embree July 29, 1986 Page 2 contact Warren Faircloth, the Erosion Control Officer -about submitting an Erosion Control Plan . Since the site is not - i n compliance with the Zoning - or Erosion Control Ordinances both of these items must be accomplished Immediately. The Planning Staff will subm t." a. negative recommendation of the requested rezoning unless this. site comes into compliance. _ If there are any further questions please contact -ma at- the Planning Department. Sincerely, _ . Eddie Kirk Planner EK/dg • • • • 04N C C B . GUARANTEE OF IMPROVES FOR LANDSCAPING 3CENTitAikCAROWtaeB4N$?�7. OF 100 FOOT BUFFER IN MTC DISTRICT August. 1, 1986 ' Orange County Planning Dept. Hillsborough, NC 27278 . Gentlemen: • Enclosed is our Irrevocable Letter of Credit #86038 In your favor for $4,950.00 by order of our good customers, Allen and Doris Turner. - This credit will remain in effect until August 1, 1987 and • - is subject to renewal upon agreement of the parties concerned_ • Sincerely, - 04kA a, 1°.. Pale_ Anne P. Pope Assistant Treasurer APP/fc . Enclosure • • • Post Office Box 931,Durham,North Carolina 27702,919/683-7777 APPLICATION FOR EROSION CONTROL PLAN APPROVAL -AND GRADING kiliIT _ - ORANGE COUNTY EROSION CONTROL ORDINANCE -. SEDIMENTATION AND - EROSION CONTROL DIVISION - . ORANGE . 000NTY PLANNING DEPARTMENT 106 EAST MARGARET LANE _ HILLSBOROUGH, N.C. . 27278 - - 1. NAME OF PROJECT: Carolina Paving - Turner _ - 2. LOCATION' OF PROJECT: 5to11te 2 Box-556 Durham, N. C. 2?702 TOWNSHIP:. Ent) fAX MAP: . 25 BLOCK: LOT: 77 - - . ,JURISDICTIONAL AREA: Orr 0-vircp, nm . ` - . 3, . SIZE OF TRACT:. 15'6± 4 AC.; AMOUNT OF DISTURBANCE: 59500 - SO IFT. 4. . TYPE •OF. CONSTRUCTION: clearing & grading . 5. PLANS PREPARED By: Credle Engineering Co. Inc. - ADDRESS: Durham; N.C. PHONE:-682 2006 - . CONTACT: Sidney Credle . • ' -- 6. PERSON OR FIRM RESPONSIBLE FOR IMPLEMENTING THE EROSION CONTROL PLAN: : NAME: Allen E. Turner _ Durham, N.C. . . - . ADDRESS: D HONE• 33- 856 CONTACT:- - - OFFICE USE ONLY 7. FEEs: : - PLAN REVIEW: $ 937.50 DATE PAID RECEIPT # GRADING PERMIT: $ ia75.Oa DATE PAID - - RECEIPT # _ . TOTAL: $ 2812.50 DATE PAID S—g-'$6 RECEIPT I X393 8.: APPLICATION AND PERMIT REQUIREMENTS PLEASE READ CAREFULLY ! ! ! - ' THIS APPLICATION IS SUBMITTED AND ACCEPTED SUBJECT TO THE .-FOLLOWING • CONDITIONS: - - - - THE INFORMATION PROVIDED ON THIS FORM 1S, TO THE BEST OF MY KNOWLEDGE. ACCURATE AND COMPLETE . • PERSONNEL- FROM- THE EROSION-CONTROL DIVISION SHALL VISIT -THE SITE IN ORDER • TO-.DETERMI NE IF -THE tROSIOM CONTROL.PLAN IS ACCEPTABLE. AND TO INSPECT THE..SITE .FOR COMPLIANCE ONCE A GRADING PERMIT IS ISSUED. . ALL EROSION- CONTROL DEVICES SHOWN ON THE APPROVED -PLAN. OR--DESCRIBED IN THE PLAN NARRATIVE- AND ANY MODIFICATIONS TO THE- PLAN REQUIRED BY -THE EROSION CONTROL OFFICER •SHALL BE-INSTALLED AT THE APPROPRIATE TIME IN THE CONSTRUCTION SEQUENCE -AND MAINTAINED ACCORDING TO THE APPROVED PLANT. - UPON COMPLETION--OF CONSTRUCTION, THE, SITE SHALL BE STABILIZED IN A PERMANENT MANNER AS DESCRIBED IN THE' EROSION CONTROL PLAN. CONTINUED ON BACK Ar 0 4 E - - -THIS -PROJECT MUST •CbNFORM TO ALL APPROPRIATE loN ING AND SUBDIVISION REGULATIONS FOR THE •LOCATION- OF. THE SITE.• • FAI LURE TO FULFILL THE REQUIREMENTS. AND . PROV I S•I ONS' OF THE APPROVED EROSION CONTROL PLAN AND GRADING PERMIT SHALL RESULT IN ENFORCEMENT-. ACT ION • AS PRESCRIBED IN- THE ORANGE COUNTY EROSION CONTROL ORDINANCE. IF APPROVED, THIS PERMIT IS NOT AN AUTHORIZATION TO. PLACE•ANY - STRUCTURE ON THE SITE EXCEPT FOR THE EROSION CONTROL DEVICES. THE EROSION CONTROL PLAN- SHALL- BE MODIFIED BY THE EROSION CONTROL OFFICER AS •CONSTRUCTI ON PROGRESSES. IF THE PLANNED PRACTICES ARE FOUND TO BE INADEQUATE. -TO PREVENT OFFS I TE• SED IMENTAT I ON OR IF IT CAN BE SHOWN THAI CERTAIN PRACTICES ARE UNNECESSARY. •. c /J 2 ��t 8 1986 S GNATURE DATE • . Allen E. Turner PRINT OR TYPE NAME AND TITLE . VALIDATION . PERMIT NUMBER: 8"' PERMIT NOT VALID UNLESS STAMPED AND SIGNED BY THE EROSION CONTROL OFFICER' . - EROSION CONTROL PLAN GRADING PERMIT _ APPROVAL GRADING PERMIT. EXPIRES IF • CONSTRUCTION IS NOT BEGUN h PLAN APPROVAL EXPIRES IF WITHIN 6 MONTHS OF THE- CONSTRUCT-ION IS NOT BEGUN. DATE OF VALIDATION. - WITHIN 6 MONTHS OF THE DATE .OF VALIDATION . - r -- � • /3•sr �Y I? ( t. A CAW . Ali-et: g6 111(114fil. FiLibfA AO ffigeg SIGNATURE OF OFFICER DATE SIGNATURE OF OFFICER DATE MODIFICATIONS, COMMENTS OR CONDITIONS OF APPROVAL, ETC. ; • ) 11% ILI'ILiI I V UV11I1L1\.)1111 MIL/ I IVir1114,1t1L, tire., Lrt-Y I r • ORAN L COUNTY EROS ION CONTROL OR .NANCE 1 SEDIMENTATION AND EROSION CONTROL DIVISION G ORANGE COUNTY PLANNING DEPARTMENT 04E ij 106 EAST MARGARET LANE HILLSBOROUGH, N.C. 27278 - OWNERSHIP 1. NAME OF PROJECT:, Carolina Paving — Turner - 2. LOCATION OF LAND DISTURBING ACTIVITY IN ORANGE COUNTY: Route 2 Box 556 Durham, N. 0. (Hwy 70 West) 3. APPROXIMATE DATE LAND DISTURBANCE WILL BEGIN:.; • 4. PURPOSE OF DEVELOPMENT: To relocate business - 5. APPROXIMATE AREA To BE UNCOVERED OR DISTURBED: 544.500 - SQUARE. F ET:. 6. HAS AN _EROSION CONTROL PLAN BEEN SUBMITTED FOR APPROVAL? - YES 03 • 7. LAND OWNER(S) OF RECORD: (USE ADDITIONAL- PAGES IF NECESSARY) Allen EJewife Doris J. Turner NAME NAME . • 5001 Raintree Road. STREET ADDRESS STREET ADDRESS - . CURRENT MAILING ADDRESS CURRENT MAILING ADDRESS - . Durham, N. C. 27712 CITY STATE ZIP CITY STATE._ ZIP 383-4856 TELEPHONE NUMBER TELEPHONE NUMBER NAME NAME . - STREET ADDRESS - STREET ADDRESS . . CURRENT MAILING ADDRESS . CURRENT MAILING ADDRESS ' - CITY STATE ZIP . CITY STATE ZIP TELEPHONE NUMBER TELEPHONE NUMBER NAME NAME STREET ADDRESS STREET ADDRESS . CURRENT MAILING-.ADDRESS CURRENT MAILING ADDRESS • CITY STATE ZIP CITY STATE ZIP TELEPHONE NUMBER TELEPHONE NUMBER • ,• • - - CONTINUED ON BACK y. n 8. LIST BOOK AND PAGE 1ERE DEED OR INSTRUMENT I CILED IN ORANGE COUNTY:- °P0-6K 553 , PAGE 217 . ; BOOK - , PAGE ; BOOK -, PAGE__ BOOK , PAGE. ; BOOK . , PAGE ; BOOK- , PAGES_ • FINANCIAL RESPONSIBILITY . 1. PERSON(S) OR FIRM(S) FINANCIALLY RESPONSIBLE FOR THIS, LAND DISTURBANCE: Allen E. Turner - - - NAME NAME - 5001, Raintree Road. . STREET ADDRESS .. STREET ADDRESS • • CURRENT MAILING ADDRESS - CURRENT MAILING ADDRESS Durham, North Carolina 27712 _ CITY STATE ZIP CITY - STATE ZIP , 383-14856 TELEPHONE NUMBER TELEPHONE NUMBER. - - 2. REGISTERED AGENT, IF ANY, FOR THE PERSON OR FIRM FINANCIALLY RESPONSIBLE NAME STREET ADDRESS CURRENT MAILING ADDRESS CITY - STATE ZIP TELEPHONE NUMBER 3. THE ABOVE INFORMATION IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PROVIDED BY ME WHILE UNDER OATH.0_01. 1 Allen E. Turner SIGNATURE . . • TYPE OR PRINT NAME _ Aug. 7, 1986 _ owner- :- TITLE OR AUTHORITY . . DATE . - I John J..-Lampe ,, A NOTARY PUBLIC OF THE COUNTY OF . Durham , HEREBY CERTIFY THAT Allen E. Turner - PERSONALLY - BEFORE ME THIS DAY -AND UNDER OATH ACKNOWLEDGED THAT THIS STATEMENT OF - OWNERSHIP AND FINANCIAL RESPONSIBILITY :FORM WAS EXECUTED BY HIM/HER. WITNESS MY HAND AND NOTARIAL SEAL, THIS 7 DAY OF August , 19 86 N%TARY' I"' or - if WRY \ 1 - E s :. • -.it% • MY COMMISSION EXPIRES Pf y/J I/ /_ ��''"•"""`''� �M _. .._ . . . - - ORANGE COUNTY 051 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date September 16 . 1986. Action Bgenda -Item #1l16. SUBJECT: Z-8-86 R. B. BARLOW, JR. AND ROBERT FAIRCLOTH DEPARTMENT: PLANNING PUBLIC HEARING X Yes No Attachment(s) Information Contact: Marvin Collins Application Vicinity Map Summary Sheet Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To receive public comment on a proposed rezoning request for the property of R. B. Barlow. Jr. and Robert Faircloth to correct an error in the Zoning Atlas. NEED: The Planning Department initiated the request following a complaint about the nature of the use (auto repair shop) on Lot 11 of Tax Map 30 in Cheeks Township. An adjoining lot. Lot 10, was incorrectly designated Existing Commercial (EC-5) at the time Cheeks Township was zoned (October 1, 1984) . Lot 10 is a vacant. wooded lot and is 0.98 acres (42.511 square feet) in size. Lot 11 is 0.72 acres (31,188 square feet) in size and contains five (5) buildings -- a 26'x28' residence, store building. trailer, 9'x13' shed and 31 'x35' garage. Both lots front on US Highway 70 and are situated between Frazier Road (SR 1310) and Redman Crossing (SR 1399) . At the time Cheeks Township was zoned. Lot 11 was occupied by Tyndall's Gas and Grocery. and Lawn Mower Repair Shop. - Both lots are designated Ten Year Transition and Water Supply Watershed in the Land Use Plan. The present zoning of Lot 10 is Existing Commercial (EC-5) , while the proposed zoning classification is R-1 Residential. The present zoning of Lot 11 is R-1 Residential, while the proposed zoning is Existing Commercial (EC-5) . �. IMPACT: Approval of the request would correct an error in the Zoning Atlas made at the time Cheeks Township was zoned. A complaint 052 has been filed concerning the nature of the use on Lot 11 - an auto repair shop. The complaint has addressed concerns about the excessive noise both during and after normal working hours. the unsightly nature of the operation. and travel safety since. cars are parked within the right-of-way of Highway 70. The 1984 traffic count on US Highway 70 was 5.700 trips per day. Article 6.14 .2 of the Zoning Ordinance (see attached copy) sets performance standards in regard to permitted noise levels. For properties zoned EC-5. noise levels cannot exceed 50 decibels between 7:00 am and 7 :00 pm or 45 decibels between 7:00 pm and 7:00 am. For purposes of comparison. the noise level on a busy urban street is 90 decibels, while an accelerating motorcycle is rated at 110 decibels. The racing of automobile engines or' Lot 11 would fall within the same general rating. The Sheriff's Department has a decibel meter with which to determine if performance standards are met. The obvious problem of enforcement is that noise levels could be decreased at the time deputies appear to take measurements. A similar problem already exists in that automobile noise levels are increased after deputies have warned the occupants of the site that they are disturbing neighbors. RECOMMENDATION: The Planning Department recommends approval of the rezoning of Lot 10 from EC-5 to R-1. The Planning Department recommends that Lot 11 be left in an R-1 classification. Nonresidential uses on that site would become nonconforming and subject to the provisions of Article- 11.9 (see attached copy) . ._.. • sr • • a I . AD.- 1'2 _ . . - 1,. • I i ; ,!. • zG .,..i.1 . o5t� 064 - 36 O ' 1 13 66 AC ., ISaG.CAL Mt �9 ir6.sSA4 g O - . �, 1 n '4AG DAC 31 i !� - °'� p 1:10i 32 • YS i Si b I 4 L C CA1, - 3q - 4 S �� g+32- ` r4 ( - 9 �APat .e. I ©. 9 p .• .R es I . . 4.SAC. - . DAP 3D [��ill. - • .• 111LWAy � � II 11%., •• - - • . _• �c ,: a - - .. . ,,, . . • • . . „ . : • Ls,c rw ' - .IA 115.1 K --_0 26 AC. .A�. e ac NoSf.A Ac. 1 sr .c. : -• ��'~ ~~ w 31 _ - 1` , • ti . . --..,.. .--------... • • ■ _ft. „.. •• . , . . .1 4. - X . . '' -. .. . . . ,„..„ x ..... , . , ....,_ ...,„. .. ,. . . --- . . ." . . ... .. \ ....., , __,.... ___,. __L._ -....:-....... %.% _...... R.&.BARLO► 8 Vim. ,d)tD ROBERT FA*RGLO } . - Lun: male YEAR er 9$T$o 4 AND • cu t4 ° ZONING: LOT So•-wiSTt4G commenctil.L. Ec-5 •44 • • .- - - _ - LOT t I .. pg-i PigID • . - PRoPOSWa =Must G: LO°r t Q-Irt-°% . _ - Leer it e tbTG _ • w 1-• • Ste: Nom l.EaDo _ 1 y :..." ------ . --.4--. _ • -ORANGE COUNTY N.C. • . .-may MFF��Y�. p � .. .-y.r.... ~� ..� +.r��..Rr.•�i. —��7 Olit,wi!Pam w_rA MMthq NO X39_ - scut, pti • r. MOM ORM. O -- ra ''''' r. - �—' CHEEKS TWP- ,M • ORANGE COUNTY, NORTH CAROLINA APPLICATION FOR CHANGE OF ZONING DISTRICT 054 August 6;. 1986 Date: TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make application to change the Zoning Atlas of Orange County as hereinafter requested . 1 . The property is Located on . the south side of S.R.# U.S. ( Highway 70 Street/Road) between S.R.# 1310 and s.R.# 1399 It is known as Lot (s) 10 & 11 , Block NA , of Orange County Tax Map. 30 - Cheeks Township . It has a frontage of Lot 10-229 feet and a depth of Lot:,10P-212 feet , and contains Lot 11-496 square feet or Lot 10-.98—acres. Lot 11-135 Lot 10-42,511.25/Lot 11-31,188 Lot111-.72 2. It is desired and requested that the foregoing property be rez+ed from Lot 10- EC=5 to R-1 - Lot 11- R-1 EC-5 - —2,- The -.foLL.owing• • information has been ,attached _in support of the application for changing the Zoning Atlas to — required on a l L applications) . se. A fully dimensioned pep at e sesta of not less -then one (1] inch equals one—hundred (100] feet nor core then one (11 inch squats. - - - -.twenty-- ('20-) feet--showing----the -Lend phi ch is proposed to be - rezoned. *b. A Legal description of the lend proposed to be rezoned_ °c. A statement of justification addressing one or more Of the following: (1) The alleged error in the Zoning Ordinance, if any, which would be corrected by the proposed amendment with a detailed explanation of such error in the Zoning Atlas end detailed reasons how the proposed amendment will correct the error. - (2) The changed or changing conditions, if any, in the area or in the County generally, which make the proposed amendment .- reasonably necessary to the promotion of the public health, safety end general welfare. - - - *(3) The manner in which the proposed amendment will carry out _ the intent end purpose of the adopted Lend dee nen or pert thereof. - *(4] ALL other circumstances, factors end reasons which the applicant offers in support of the proposed •amendment including, but not limited to, documentation from service agencies (e.g. fire, police, rescue end utilities agencies] assuring services provision capability to the development. - d. A List of all individuals, firms or corporations owning property adjoining or within five hundred 15001 feet of the property soggp.t ,or rezoning is attached. The List is current as of (Date) - - . - I certify that all information furnished in this application is .accurate to the best of my knowledge. - Applicant (s) : _ - Address : Phone : ,�..,n.......�.., - - ORANGE COUNTY PLANNING DEPARTMENT • taLLSBOROUGH 0 NORTH CAROLINA. 5E • 27278 e.o•up al op. tys MO • • CERTIFICATE OF MAILING ZONING. ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA 1 , Marvin anitina, Zoning Officer, Orange Colinty, North Carolina, DO HERESY--CERTIFY that on or about Luoist 15_,. Mk, I mailed, by certified, mail , postage prepaid, a Notice of the Public Hearing to be held on the request ty Robert FaIrcloth Anst LB. Berdola. 1r fpr rezoning of property 112.CAtnA in Cheeks LainslaiR i correct A Zoning Atlas error to each property owner as required by Article 20, Section 20.6.3, of the Orange County Zoning Ordinance. The notice mailed specified the date, time, place and subject of the Public Hearing on the zoning classification change. , WITNESS my hand, this 15th, day of August, 1986. - (kOVAD PviauctiG Marvin Collins - Zoning Officer I � I iV4�'W u.7..L:: •a.ti%�ilii�i iAi ... ......., � �� (includas 1/2 oL� iJi:i'i'filCy LO+� 8121:. . tt I`raztar's Body Shop. 28 - 32, 2.31 acres, Whole Lai`.', ! 0 - I Orange %lamance lwater Car . 28 - 21H Less than 1 acres Whole Let . OEf ice y ola tot �• tlancor Inc. 28' - 2�.G . $.3� �Cl."CrYt3 � • � . whole Trot. £C.- 3 R AL 5tegal1's Front End 2-8 • 35 1 acre - Service NE 450' H of V.S. 70 EC 5 Nil-Com Truck Co. 28,• 3?� 3bC • 17.45 acres 2.5 ac. 4501., N of U.S 70 , • BE 400' E-of S.R. 12-14 - SC - 5 Fins Service Station 28 -� 20A 3.6 acres 2 ac. NE 250' E of S.R: 1114 •' 1Cirig s Garage . 29 - 9 3 acres 1.5 sores 200 1 iC 300 6 , EC • 5 28 26 ; CarmichaQl!s Sharp All Shop 29'- 16 6 acres ' 1501. x 300' EC 5 . ! & Small Engine Repair , Log Cabin . 30 - 4A Lass than 1 acre whole Lot EC - 5 ° . �'`yrdall Gas Grocery 30 10 1 acre 'Whole Lot EC - 5 • & Lat.'=ower Repair . Radman Industries . 31-8-40 9,97 acres whole !mot , • rettiford & Pennix Service 31ae-9 1 acne Whopt 5 r Station . . ; k Coo , ' .- :. '� acres 1 ao. 69P,375 of S.R. X004 Z •;1 i L�.�.ar�ci Nilxing 31 � 34 1,. • . . , , • • 34 = 3 Lass than . acre whole,�Go'� � « 2 Old Stare ; K D C .�:ar�uPacturr�g 34 @ , 3.25 acres �. as x.50' x 30�' F� orange Pats logy t31x 36-A-'$ &@ss t'�an 7l sore T�ho1a • L , ' '• ' Red Stern Auction Houso+ 36. 4:Cj4 1 awc+�,, V*tax of both 3.0'4 '. EO 5 Whole X�R1� "a stry Co�`.von Ana Stoxp 3�• -�0; ti �/ pcY¢r Ec 3�hola '�c+ • S iH ORANGE COUNTY PLANNING DEPARTMENT - -13ILLSBOROUGH • • NORTH CAROLINA 27278 _ O5% j' • MEMORANDUM • TO: ORANGE COUNTY PLANNING BOARD FROM: . MARVIN COLLINS, PLANNING DIRECTOR • DATE: . AUGUST 13, 1986 • - SUBJECT: Z-8-86 R.B. BARLOW, JR. .• AND ROBERT FAIRCLOTH DEUR& I NEORMAL.ON . . APPLICANT: Robert Faircioth (Lot 11 ) • • 816 Rainey Street Burlington , NC 27215 R.B. Barlow, Jr. (Lot 10) . Rt. 3, Box 228 Hillsborough, NC 27278 • - • LOCATION: South side of U.S. Highway 70 between Frazier Road (SR 1310) and .Redman Crossing (SR 1399) . . STATUS OF APPLICANT: Owners REQUESTED , ACTION: Rezoning. of Lot 10 from Existing. Commercial EC-5 to R-1 Residential . Rezoning to Lot 11 - from R-1 Residential to Existing Commercial . EC-5. PURPOSE:. • To • correct- error made in Zoning Atlas at time . . . Cheeks Township was. zoned - October 1 , 1984. . . LOT SIZE: Lot- 10 - 0 .98 acres or 42,511 .25 sq ft . • Lot 11 -- 0.72 acres or 31 , 188.00 sq ft _ . EXISTING LAND USE: Lot 10 - Vacant wooded -land. Lot 11 - Auto repair shop and residential .' • • SURROUNDING LAND USE AND ZONING: North• - EC-5 and R-1 with trucking operation • front end alignment shop, mobile home park and single-family residences.• ' • • South El and R-1 with mobile home manufacturer - - • and vacant, wooded. land . ;r East -- R-1 with single-family residences. West - R-1 with vacant, wooded land, mobile home park and single-family residences. LAND USE PLAN: Designated 10-Year Transition and Water Supply Watershed . ZONING: Lot 10 is zoned EC-5 and is subject- to the Protected Watershed overlay zoning district. Permitted uses in the EC-5 district include veterinarians, banks, beauty and barber shops, farm equipment sales, health services, laundry and dry cleaning establishments, motor vehicle repair (body shop)., motor . vehicle sales and service stations, offices, restaurants, retail trade, and storage and warehousing. . . The purpose of the EC-5 zoning district is to provide a district to be used only during the application of zoning to previously unzoned townships to accomodate existing commercial uses. Lot 11 is zoned R-1 Residential which is intended to provide locations for rural non-farm residential . - development at low intensities and where water and sewer _ service is provided through use of well and septic tanks. Lot 11 is also subject to the requirements of the Protected Watershed overlay zoning district. _ • • 6.13.1 General Applicability (15C 1(7 After the effective date of this ordinance, any use estab- lished or changed to, and any building, structure, or land • developed, constructed or used for, any Permitted Principal - Use, shall comply with all of the performance standards herein set forth for the district involved. These perfor- mance standards shall apply only in- commercial and industrial districts. 6.13.2 Application To Extensions, Enlargements, Etc. If any existing use or building or other structure is ex- tended, enlarged, or reconstructed, the performance stand- ards for the district involved shall apply with respect to such extended, enlarged, or reconstructed portion or portions of such use, building, or other structure. 6.13.3. Rsguired Compliance By Non-Conforming Situations _ Within twenty-four months of the effective date of this ordinance, all presently existing uses of lands, buildings or other structures shall comply with the performance standards as herein set forth for the district involved. • 6.14 Supplementary Performance Standards - • Afe- The following performance standard shall be supplementary to the standards contained applicable in the areas subject to the jurisdication of this ordinance in the district indicated. • 6.14.1 Electrical Disturbance Or Interference No Permitted Use, Special Use or Accessory Use in any commer- cial or industrial district shall: • a) Create any electrical disturbance that adversely affects any - operations or equipment other than those of the creator of such disturbance; or • b) Otherwise cause, create, or contribute to the interference with electronic signals (including television, and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance-- is adversely affected. - 6.14.2 Noise a) Within any LC-1, 0-I, EI or I-1 district:; no permitted Prin- ciple Use, Special Use or Accessory Use shall generate noise that tends to have an annoying or disruptive effect upon uses located outside the immediate space occupied by that use • • 6-1S 0 6 C b) Tabel A below establishes the maximum permissible noise levels for permitted uses in the NC-2, CC-3, GC-4, EC-5, - 1-2 and 1-3 districts. Measurements shall be taken at the boundary lines of the zoning lot in the case of NC-2 and 1-2 districts and at the districts boundary lines for CC-3, GC-4, EC-5, 1-3 and AS districts on which the use is located, and, as indicated the maximum permissible noise levels,.vary according to the zoning of the lot adjacent to the lot on which the use is located. TABLE A Maximum Permitted Sound Levels dB(A) - (re: 0.0002 Micrabar) Zoning of Lot Zoning of Adjacent Lot Residential or PD Commercial industrial 7:00 am 7:00 pm - - 7:00 ate".''7:00am .7:00 7:00 pm 7:00 am - 7:00 pa: 7:00pm 7:00 a NC-2, 1-2 SO 45 SO 55 -: _ 60 65; = CC-3, GC-4, EC-5 50 45 . 55 60 65 7D I-3 and AS NOTE A: A decibel is a measure of a unit of sound pressure. Sound waves having the same decibel level "sound"loud or softer to the human ear depending upon the frequency of the sound wave in cycles per second (i.e. , whether the pitch of the sound is high or low) . Thus, an A-weighted filter, construc- ted in accordance with the specifications of the American National Standards Institute, which automatically takes account of the varying effect on the human ear of different pitches shall be used on any sound level measurements re- quired by this section. Accordingly, all measurements are expressed in dB(A) to reflect the use of this A weighted filter. NOTE B: The standards established in Table A in terms of the Equi--= - valent sound Level (leg) which must be calculated by taking 100 instantaneous A-weighted sound levels at ten second in- tervals and computing the Leg in accordance with standard ANSI procedures. c) Impact noises are sounds that occur intermittently rather than continuously. Impact noises generated by sources that do not operate more than one minute in any one hour period are permissible up to p. level of lOdhA in excess of the figures listed in Table A, except that this higher level of permissible noise shall not apply from 7:00 pm to 7:00 am. 6-16 - Prior to termination the following limitations shall apply(A. l' • a) There shall be no enlargement, increased intensification or 061 alterations to the use, its permanent structure or both. b) If the use ceases for more than ninety days or a total of one-- hundred eighty days in one year period, subsequent use of the premises shall conform to the district regulations. c) No such use shall be located or moved to any portion of the lot other than that occupied at the time that non-conforming status was created.. d) No such land shall be subdivided nor any structure added, except for purposes and in a manner conforming to district regulations. Subdivision, however, which does not increase the degree of non- conformity shall be permitted. 11.9 Non-Conforming Uses of Major Structures, Or Structures and Premises in Combination . Non-conforming use of structures with a value higher than in 11,8 above, or of such structures and premises in combination, may be continued, provided: a) Such uses may not be enlarged, extended altered or replaced, • except for a change to a use permitted in the district in which 1(:: _ located, except as provided in b) below. b) Anon-conforming use may be extended through portions of a building • manifestly arranged or intended for such use, but not otherwise, and shall not extend to occupy land outside such building or any additional building not used for such non-conforming use at the time that non-conforming status was established, c) If a non-conforming use ceases for more than one hundred eighty days in any two year period, subsequent use shall conform to the regulations of the district in which located.. - d) Individual mobile homes within mobile home parks, non-conforming under this section, may be replaced with other individual mobile _ homes or dwelling units provided that the total number- of units does not exceed the number existing at the time that the mobile park became non-conforming. Amended 7/1/$5 • e) Individual mobile homes not located within mobile home parks may be replaced with other individual mobile homes or dwelling units. 11 . 10 Non-Conforming Structures, Other Than Signs A structure which is non-conforming, due to noncompliance with one or more requirements in the Table of Dimensional Requirements of this ordinance and which is used for a use permitted in the district in which located, such structure may remain, provided: a) That any structural change to the building shall not increase the de- gree of non-conformity. Structural changes which decrease or do not affect the degree of non-conformity shall be permitted. 11-5 . _. " ." M -- O R A N G E C O U N T Y BOARD OF COMMISSIONERS 062. ACTION AGENDA ITEM ABSTRACT Meeting Date September 16 , 1986 Action ends Item # SUBJECT: LAND USE PLAN AMENDMENT - INVENTORY OF CULTURAL, HISTORICAL. RECREATIONAL, BIOLOGICAL AND GEOLOGICAL, RESOURCES DEPARTMENT: PLANNING PUBLIC HEARING X Yes No Attachment(s) Information Contact: MARVIN COLLINS BRAD TORGAN Inventory Document(See 8-25-86 Agenda) Proposed Text Changes to Pages 2.2-6 and 2.2-7; Existing Text. Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane -- 227-2031 Chapel Hill .- 967-9251 PURPOSE: To receive public comment on proposed text amendments to the Land Use Plan. NEED: Orange County contains many sites of cultural, historical, recreational, biological and geological significance. Section IV-B-2, Land Suitability , of the Subdivision Regulations contains a mandate to the Planning Board to consider the over-. all design of a subdivision in light of the suitability of the land for development. Land suitability includes an investi- gation of historic sites and unique natural areas. Although information has been available through a variety of local and State agencies. it has never been compiled in one source, making it difficult for the Planning Department and the Plan- ning Board to adequately assess the impact of subdivision proposals on such resources. Furthermore, similar mandates are not present in the Zoning Ordinance. IMPACT: In May of 1986 , an inventory of cultural, historical, recrea- tional. biological and geological significance was completed. Incorporation of the document into the Land Use Plan represents an important first step in insuring the protection and/or preservation of significant natural and cultural resources. If approved, specific mechanisms such as incentive zoning. density transfers and cluster development can be developed and/or utilized through which to achieve this goal. In addition, public and private agencies and organizations can be contacted for assistance in maintaining and managing significant areas. 064 RECOMMENDATION: Approval of amendment to text and incorporation of inventory as appendix to the Land Use Plan. TO AMEND THE LAND USE PLAN BY SUBSTITUTION, PAGES 2.2-6, 2.2-7 064 s Certain areas in Orange County possess unique or exemplary natural characteristics which are considered to be of great value; be it economic, educational , biological , or in some other sense. A natural area, as defined by the Triangle J Council of Governments, is "any space containing an unusual or exemplary biological habitat, geologic feature, or hydrologic location ."1 Natural areas can be broken down further into additional classifications: • Endangered Plant/Animal Sites - habitats of species identified as endangered. o Threatened Plant/Animal Sites - habitats of species that, while not endangered statewide, are rare and threatened with major habitat loss and population decline in Orange County. O Special Plant/Animal Site - habitats of species that, while rare, are not yet endangered or threatened and exist in small populations, are targets of exploitation, and vulnerable to specific pressures .a O Plant Communities - sites whose forest canopy, understory, and herb/vegetation layer is either unique or of a particularly high quality. o Exemplary Geologic Formations - exposed geologic formations . of a particularly high quality or unique to the area. The Natural Heritage Program of the North Carolina Department of Natural Resources and Community Development, and the Triangle Land Conservancy have identified over thirty separate populations of endangered species along with numerous additional plant communities and other natural areas in Orange County. These areas include public lands such as Eno River State Park, quasi-public lands such as Duke Forest, areas with multiple private owners such as Occoneechee Mountain, and small sites in single private ownership . The presence of these unique natural features in Orange County suggests that special efforts should be made to manage these areas and sites so as to conserve and protect those characteristics that make the site biologically or geologically important. This may include regulatory measures to insure protection or preservation of those features . Kstorlc Sites Although sites of historic and cultural significance are part of the man -made environment and not natural features they nevertheless, are unique physical features that can have an impact on growth patterns within the county. Thus, they require treatment similar to unique and exemplary natural features and merit considerarion in this section . Orange County, founded over 230 years ago, is an area rich in history . Chapel Hill , Carrboro, and Hillsborough each have Historic Districts and other buildings on the National Register of Historic Places . There are additional National Register Sites in Cheeks, Hillsborough, and Bingham Townships . The North Carolina Department of - Cultural Resources has also identified over twenty sites in rural sections of the county that, while not yet nominated or eligible for the National Register, are architecturally significant or important to the history of Orange County. While existing buildings are perhaps the easiest historic sites to document they are by no means the only ones. Numerous mills once provided for the economic well- being of the county; many of the dams and raceways still exist. Over 150 cemeteries and burial sites provide a record, in many cases the only record, of the lives and deaths of Orange County residents . The Archeology Branch of the North Carolina Department of Cultural Resources has identified nearly 200 archeological sites in the county, recommending further study for many of them. Churches and rural community centers, including recreational facilities, should also be acknowledged as unique physical features. Their existence imparts an identity and cohesion to rural communities and neighborhoods that can benefit the planning process . While chuch buildings may be of recent vintage and not of historic value, the same does not necessarily hold true for the congregations. Over twenty Orange County congregations have been in continuous existence for at least 150 years . A list of culturally and historically important sites, along with natural areas, is contained in Appendix D: An Inventory of Sites of Cultural , Historical , Recreational , Biological , and Geological Significance in the Unincorporated Portions of Orange County. As information on new sites is gathered or information on existing sites changes the inventory may be updated administratively by the Planning Department Staff . 1 • I • . I - 11 • I - 1 : - • . 1 . . - 11 ; 1 • 1 , 1974. North Carolina Department of Natural and Economic Resources, Division of Parks and Recreation . breaw ide _Water nAa11ty _Management Planning, 208 Project Inventory of Existing Uses. P. IV GI . 1976. Triangle - J Council of Governments . 2 Classificafications of endangered, threatened, and special species according to Endangered and Threati,ened Plants and An_irpals o,f North Carolina, 1977 . North Carolina Museum of Natural History. rt • This allows the general public to know in a broad manner what types of 06 C development are suitable for certain uses, including septic tanks, four— datiazs, roads and prize agricultural land. The soil suitability classi-- fixation system identifies the constraints posed by the various categories' Group la and lc - well suited for most urban uses Group 2a and 2c - suited for most urban uses with pxecantipns • Group 3 -- erosion potential - Group 4 and 5 — plastic subsoil • Group 8 • shallowness to bedrock Group 9 — steep slopes Group 10 - flooding . Unicue Natural Areas Certain areas possess unique natural character which are acriside ed valuable,, although not necessarily in an economic sense. Data caa natural areas gathered by the Triangle J Council of Govenarments as part of the 201 study for the region defined a natur°a1, area as "any space containing an unusual- ,or exemplary biological habitat,. geologic feature or hydrologic location.." -L Grange County the following unique natural areas,_anzarjg otter. have • been identitLed by the- ale J study:. . o •Bald Mountain -• located between Old HiL sboui Road (SR 1009 and Union Grove Church Road (SR llll) in Chapel Hill Township.. Toe site is located in Duke Forest. o • -Blackwood Mountain - located in Chapel Hill lbwnship east .of Old borough Road (SR 1009) within Duke Forest.. • o .Duke Forest Natural Area - this is a 151 acre site• within the- lbrstian Division of Duke Forest located.on N.C. 86 north of Turkey Faro Road (SR 1730) in Chanel H-a l t 'ship_ - o Ntar&an Creek Bluff - this site near University Lake Darr in Camel Mill Township contains two north facing bluffs as well as inter- eating flora- - _ o Occrcneec_hee Mountain -- the notmtain is located in Hillsborough • Township between 1-85 and the Eno River. The section down as Panthers Den is of special geologic and botanical importance. 1Source~v Southern I u ; ds•' 'Mountain-Resources-I na, -rant Plan. . oL 2,_ 97 -. North Carolina-Department of Natural and Ecoikaitc -Resources, Division of Parks and Recreation. Areawide Water Quality Management PlarTring. 208 Project Inventory of Exc.sting Uses. P. IV Gl. _1976. Triangle Council of Governments. - _ - o .Ben beim- Tract --this 90 acre tract is part of the Rio River State Park and is located between I-85" and Willet Road. (SR 1568) _ U b i in Eno Township. _ ( •o University Lake --• the Lake and land immediately surrounding it are owned by the University of North Carolina. It is a.rela tively undisturbed area that contains interesting flora. This area is in Chapel Hill Township- Me presence of unique- natural features in Crake County suggests that special efforts should be made to n nag these areas so as to conserve and protect their natural characteristics. • Historic Sites Alt aou i historic sites are- part of the man-made environment and. not natural features? they require sir rt 1 ar treatment- too the unique natural features and deserve consideration in this -section. County- is an area rich in history. Roe• Chapel Hill Historic District and. the Hillsborough Historic District are both on the National Register. of Historic. Places.. Outside of these built-up areas the - Couniy contains one- privately owned home which is on the National Register.. It is Mooreflelds r the former home of _Alfred Moore, U.S. - - _ Supreme Court Justice.. It was built in 1785-as his summer house and is - - . . located in. Cheeks Township on mocks Mill Road (SR 11314). In addition,, there are over a dozen sites in the County which have-been identified by the State of North Carolina as places of historic Interest but which are not yet on the National Historic Register. _ PLAN INMEECEIMAzECN . ( To facilitate the land use decision-mating- process in which n r i • features come into play, it is useful to divide such features into two • categories: critical features and sensitive features. _ Critical features are those which can tolerate only minimal int iii . - by��myan's activities either because of their fragile y,nature or �_ they are hazardous to people and, development. Of the environmental features discussed, the 100-year floodway, the unique natural azeas and the historic sites seen to meet this criteria. - Sensitive features are somewhat more tolerant of intrusion and alter ation.. . They may- require special development restrictions or design standards to insure that the detrimental effects- of develop-malt are minimized and./or that problenmatic environmental conditions are adequately considered to reasonably assure good development practices - and.results. This category covers most of the environmental features.. _ - Combinations of sensitive features may warrant desigation as a critical feature:I Decisions are necessary to determine if such features combine in an t.itiitive Harmer which 1 significant h compounds t he negative impacts cts of improper development activities. Such gray require and analysis. ' 2.2-7• • • • O R A N G E C O U N T Y BOARD OF COMMISSIONERS os ACTION AGENDA ITEM ABSTRACT Meeting Date September 16 . 1986 Action enda Item SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENTS (1) Off-Street Parking (Handicapped Parking Facilities) (2) Design Standards Application - Existing Mobile Home Parks DEPARTMENT: PLANNING PUBLIC HEARING X Yes No Attachment(s) Information Contact: MARVIN COLLINS Proposed Text Amendments Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To receive public comment on proposed text amendments to the Zoning Ordinance. NEED: No requirement exists in the Zoning Ordinance for the provision of handicapped parking facilities. Such facilities are cur- rently provided through the attachment of conditions of ap- proval on subdivision plats, planned developments and special use permits, or through the application of the N.C. State Building Code requirements. The Ordinance Review Committee of the Planning Board as well asp the full Planning Board recommended that a public hearing be held this date to consider deletion of Article 6.21.1 a) 2) of the Zoning Ordinance. The provision requires each mobile home space in an existing nonconforming mobile home park to be improved in accordance with design standards applicable to new mobile home parks as units are replaced. The recommendation resulted from a public meeting held by the Ordinance Review Committee on July 31, 1986 at which spokesmen for mobile home park owners, operators and residents requested the amendment. IMPACT: The proposed ordinance amendments would require handicapped parking spaces to be a minimum of 13 feet in width and 20 feet in length. A minimum of two (2) handicapped spaces or one (1) for every 20 standard parking spaces would be required. Spaces must be clearly marked for handicapped use and must be within 100 feet of a building entrance. Curb cuts or ramps must also be provided for each space for access to adjoining walkways. The N.C. State Building Code currently requires one (1) handi- capped parking space in each 50 standard spaces but recommends �.6 4 twice that amount. The deletion of Article 6 .21.1 a) 2) , if approved, would provid a "grandfather situation" for existing nonconforming mobile home parks during a period in which mobile home park owner/operators would work with the Planning Department/Board in developing standards for _ new/existing. parks. The standards would then be brought back to public hearing at a later date. A report outlining recent trends in mobile home occupancy, emergency services concerns about mobile home parkse and a comparison of design standards of other jurisdictions will be presented at the meeting. RECOMMENDATION: Approval of amendments. PROPOSED ORDINANCE AMENDMENTS O 7 C ORDINANCE; ZONING ORDINANCE REFERENCE: ARTICLE 10 OFF-STREET PARKING AND LOADING • . ORIGIN OF AMENDMENT: X STAFF X PLANNING BD. BOCC PUBLIC. OTHER STAFF PRIORITY RECOMMENDATION: X HIGH MIDDLE LOW COMMENT: To address a functional gap in the ordinance. EXPECTED PUBLIC HEARING DATE: AUGUST 26, 1986 ********************** PURPOSE OF AMENDMENT: To provide design standards for handicapped parking facilities in the Zoning Ordinance. ISSUES/ IMPACTS: No requirement exists in the Zoning Ordinance for the provision of handicapped parking . facilities. Currently these facilities are provided through the attachment of conditions of approval on subdivisions, planned developments and special use permits. EXISTING ORDINANCE PROVISION(S) : • Section 10 .3 b) Each parking space shall contain a. minimum area of one hundred eighty square feet and have a minimum width of 9 feet. However, where there are lots designed to accomodate more than ten vehicles, up . to twenty-five percent of the spaces may contain a minimum area of one hundred twelve point five square feet and a minimum width of seven point five feet. The smaller spaces, if provided, shall be designated for use only by compact cars (Manufactureres' frame classes four through eight. ) PROPOSED AMENDMENT(S ) : ADD TO Section 10 .3 b) Handicapped parking spaces shall have a minimum width of 13 feet and length of 20 feet. (NEW) Section 10.8 HandIc pad Pa a 071 A minimum of two (2) spaces per parking lot or at least one ( 1 ) handicapped parking space for every twenty (20) standard parking spaces or fraction thereof, whichever is greater, shall be designed for use by the physically handicapped. Such spaces shall be clearly marked and. reserved for the exclusive use by handicapped persons. A sign designating the space for the physically handicapped shall be placed at the head of the space. Handicapped spaces shall be placed within 100 feet of the major entrance of the building or function. Curb cuts , or ramps shall be provided for each space for access to adjoining walkways or paths. ******************* ORDINANCE REVIEW COMMITTEE: PLANNING BOARD (PRELIMINARY REVIEW) : BOCC (ADVERTISEMENT) : GOOD U"MON 11 H. 3,3 pocking lots FOR CURS CUT SEE 11x3.Z(b) . 1ix33(aj 2% OF TOTAL NUMBER ir51aw(sag sn.wr} OF SPACES OR A MINIMUM OF ONE SHALL BE SET ASIDE �I 4 DESIGNATED FOR USE OF PHYSICALLY DISABLED- SUCH PARKING SPACES 514ALL BE CLEARLY MARKED BY SIGNS FOR 155E OF HANDICAPPED. w �IH6EUCHAIRS CAWWOT PIT j AE6UUR SPACE HANDICAPPED SPACE BETIYEEN CARS lix3.3(b) HANDICAPPED PARKING IN REGULAR SPACES SPACES SHALL BE A MINIMUM OF IZ'--GR THE 2X REQUIREMENT FOR HANDICAPPED PARKING SPACES WIDE (-LOCATED AS IS I IN 5o, THIS IS CONSIDERED TO SE VERY MINIMAL RESERVED HEAR AS POSSIBLE TO #TWICE THIS AMOUNT I$ MUCH 1PREFERRED 1*1. BUILDING ENTRANCES PARKING OF; CENTRALLY LOCATED RESEAYFA PAAIfIRi. ,n IN PARKING LOTS i BETWEEN BUILDINGS L �--► (SEE DE%N ATE D X01WAYS- PACE 5) ' G n-� r,9V a014b1NG(tom, 07t (11 x)3.3—parking lots Parking lots provided for buildings to which Section 1.1 applies shall be provided with parking spaces as follows: a) Parking spaces for the handicapped shall be set aside and identified with above parking level signs for use by individuals with physical disabilities.'Painted curb signs are acceptable. The minimum number of assigned spaces shall be as follows: 1) A minimum of one such parking space for the handicapped shall be provided and In addition at least one space per 50 spaces shall be set aside for the handicapped. b) Parking spaces Identified for the physically handicapped that are placed on the diagonal or vertical shall be a minimum of 12 feet 6 inches wide and shall be located as near as possible to the main public entrance of a single building and centrally located where practical In parking lots that serve more than one building. 'NOTE: General Statute 20-37.5 and 20-37.6 have been amended in the definition of handicapped and parking privileges of the handicapped.Legal signage and use of required parking spaces is included. See Appendix D-6. [11x-121 • ....... : ,• f 07 • ` - —•- ryr • /-41r. _. � POST PLACED TO PREVENT I2ARI4ED - '`� CARS FROM BLOCKING -• - - RAMP•POST SHOULD `"_; NOT BE PLACED WHERE IT ""`- BLOCKS WHEELCHAIR _ "'- CURE CUTS SHOULD BE ACCESS TO CARS-AT 111121S1 ALL WALKS CROSSING MAJOR POINTS OP PIUVEWAYS MUST WARP LOCATED WHERE IT IS PEDESTRIAIJ FLOW,POST DOWN TO A COMMOr IM PO5SI 3LEr FOR THEM SHOULD BE TALL ENOUGH LEVEL'WITH THE STREI TO BE OBSTRUCTED BY CARS 4 APPROPRIATELY PAINTED CARE SHOULD be TAKEN SO OR OTHER. BARRIERS. OR MARKED TO EASILY BE THAT CURD CUT iS Nor I4 0.. SEE OVER PGOPLESHEADS ITSELF A.MAINZ()To THE • BLIND. Al:�. te. . 1. . ill laft 1111 .... ....- • . . • . ,t.,11.1]0,11f,'" /1 Pk' , r -• - • - ,- /2,7„ ig - IIL • AVOID PLACING CUUEs, l : L:1; . b�7 .�+r� RAMPS IN STREET s .; AS ABOVE.DROP OFF HANDRAILS CAN BE •• . AT SIDE IS HAZARDOUS USED AT CURB romps TO ALL UNLESS RAMP FOR PEDESTRIAN SAFETY.CAR ' IS GREATER THAN lad' SHOULD BE TAKEN THAT SUcH WIDE WITH SIDES CURB RAMPS 4 RAILS Do NOT GRADUALLY FEATHERED IN THEMSELVES BECOME A AT A SLOPE OF I:to. HAZARD TO THE BLIND. RIBBED SURFACE FOR J1.3-2% FOR CURB CUT DETAILS . r: DETECTION By THE ICONT•1REFERTONORTHCARoLtNA MIK40, y.. BLIND ANOTHE N.G.DEP RTMEl • • —- SIDE FLARED OFTRANSPORTATIOIt DIVISION OF HIGHWAYS JUBLIeAT10Nl,•GUIDELINES •• • .-: v .: • CURB GIFTS AND RAMPS FOR •;1c:•:; /7"/./ HANDICAPPED PERSONS;•:;-.....- AND RECCNRMENDATlON5o. ;- CONTAINED HERE. - v :- CURB CUTSIIOW.D RINE A._ j�%/i _:::: TEX1URED.NON-5uf SURFACE Such AS BOI RO /���i. ;:±`z; ftANTIN60fI6 FINISH CONCRETE.• • / `� RECOMMENDED %, 'I'''i TYPE I- FLARED _ k -WA F. C/F 10„L - ~ f, .. • PuTNGORGRAVEL r a RECOMMENDED �. (!1,111 • C ••/ y -•'� � ''•'`` - TYPE II-PARALLEL • ` '�'°i` CURB RAMPS MAY LEAD WHEN INSUFFICIENT DEPYP iliLbill'::-::, THE BLIND UNKNOWINGLY . IS AVAILABLE FOR 6.5S% 2' „ .� INTO THE STREET 4 MAY SLOPErRANTP MAY RUNT BE A.HAZARD UNLESS PARALLEL-TO STREET. •- ' I'i �l=`� ~- THEY AF•E CoMSISIEMTLY �,e' %ice jam, h, MARKED WITH A WARNING TYPE IV-WARPED /// i TEXTURE. RAMPS WHICH SEE N.C.DEPARTMENT OF TYPE 11 -DADIUSED CURB EXTEND INTO THE STREET TRAMSPORTATIoN DIVISIONt ¢ DROP-OFF APSE ALSO OF HIGHWAY PUBLICATION.. THIS TYPE [PREFERREDIBLi BECAUSE DANGEROUS. THISTYPE REQUIRED AT CURB PROVIDES VISUAL DEMARCATION ALL STREETS,HIGHMAYS, 4DISECTIONAL ORIENTATION FOR ROADS,ETC.INAccogoA?1cE THE BLIND. WITH GS IS4-44•I4 PROPOSED ORDINANCE AMENDMENT 07 ORDINANCE: Zoning Ordinance REFERENCE: Article 6.21.1 Existing or New Mobile Home Parks ORIGIN OF AMENDMENT:_X_Staff_X_Planning Board BOCC Public Other: Mobile Home Park Owners/Operators STAFF PRIORITY RECOMMENDATION:_x_High Middle Low COMMENT: • EXPECTED PUBLIC HEARING DATE: September 16 , 1986 ******************************** PURPOSE OF AMENDMENT: To consider deleting Article 6.21.1 a) 2) of the Zoning Ordinance which requires that each mobile home space in an existing mobile home park to be improved in accordance with subsection 7 .20.4 a) . That section contains new design standards regarding space size (10.000 square feet) , setbacks, patios/decks, etc. IMPACTS/ISSUES: The Planning Board Ordinance Review Committee conducted a public meeting on July 31. 1986 for the purpose of receiving public comment on mobile home park standards adopted 3-18-86. The standards were placed under moratorium on 4-7-86 . pending review by the Planning Board. Two issues emerged at the Committee meeting: (1) the "retro-active" nature of the ordinance; and (2) the standards. Spokesmen for the group present asked that the provisions - Article 6.21.1 a) 2) - be rescinded. The Ordinance Review Committee subsequently recommended and the full Planning Board adopted a resolution calling for a special public hearing on September 16 to consider the amendment. The Board of Commissioners set the public hearing date for September 16 at its August 19 meeting. The proposed ordinance amendment. if approved. -- would provide a "grandfather situation" for existing nonconforming mobile home parks during a period in which • mobile home park owner/operators would work with the Planning Department/Board in developing standards for new/existing parks. The standards would then be brought back to public hearing at a later date. EXISTING ORDINANCE PROVISIONS: • Attached PROPOSED AMENDMENTS: Deletion of Article 6.21.1 a) 2) �.. ..., _ _ ._. ************************************ ORDINANCE REVIEW SUBCOMMITTEE: July 31. 1986 PLANNING BOARD REVIEW: August 5. 1986 0 7 C BOCC REVIEW: August 19 . 1986 ORANGE COSY PLANNOTG DEPA 104 Or Ha.LSSOROUGH NORTH CAROLINA. 27278 • r 1:7 4. • NOTICE On March 18, 1986 the Hoard of Commissioners adopted amendments to the Orange County Zoning Ordinance which affect existing mobile home parks developed prior to September 198t in Chapel gill, Hillsborough, Eno and Hingham Townships and prior to October 1984 in Cheeks Township. These mobile home parks are considered to be non conforming.. The adopted amendments require that replacement of mobile home units in nonconforming mobile home parks be subject to the following provisions: 1) a 10,000 square foot space per mobile home unit 2) a permanent stand for each mobile home unit 3) setback requirements for each space: - 25' setback from road and/or road right-of.. way 10 ' setback from rear/side lines of the space a 180 square foot patio for each space 5) two (2) off-street parking spaces for each space 6) a walkway connecting each mobile home area unit to the patio and parking area The requirements are more specifically spelled out in Sections 6 .21 .1a) and 7 .20 .4a) of the Orange County Zoning Ordinance which are attached for your information . Please contact the Orange County Planning Department if you have any questions on this matter. Hillsborough 732-8181 Mebane 2272031 Durham 688-7331 Chapel Hill 967 -9251 6 .11 = mum- . 7 t 6 .20 - ; , - , - .1 _ . - - . . . 41- - . . ; - 6 .20 .1 Ground absorption systems with a design capacity of 3,000 gallons per day or more and - package treatment plants for sanitary sewage disposal are expressly prohibited in the. AH districts and Rural Buffer Districts as ahowa in the Land. Use Plan except as may be approved through a. Special Use Permit or a Planned Development District.. 6 .21 Amended 3-18-86 • 6 .21 .1 ggjstine or New Mobile Home Parks a) Existing mobile home parks that do not meet the 40070 ,P standards set forth in Articles 5, 6 and T shall be considered nos-conforming. Such parks shall not expand in- any wayr beyond the existing developed portions, but shall be allowed to remove and replace units existing within the existing park at the time of adoption of this section. Only the replacement and location of units- on - an existing: mobile home space shall be permitted provided the total number of units does not exceed- the - number.- existing at the. time that the mobile home park became non conforming; and, provided ( 1) that the. existing waste treatment system is functioning properly. and (2) that the space be improved in accordance with Subsect on . f . , a o • s or- nance. 7 emova - . • replacement of such units sha11 wit be considered expansion of the non conforming use. b) New mobile home parks or portions of existing mobile home parks- that have been previously approved, but have not constructed substantial improvements or do not have sewage disposal systems installed. on the data of adoption of this section shall meet all applicable standards for new mobile home parks as set forth in Article 5r 6 and T and any other standards required for - the zoning district in which it is located . c) Substantial improvements shall include, but not be limited to , sewage disposal systems, water systems, roads , parking areas , recreational facilities and mobile home pads . 6 .21 .2 Mobile Homes on Individual. Lots. - - Amended 3-18,.86 . a) Mobile homes , as principal residential buildings on individual lots , in existence at the- time of the 6-25 • 0'n .. a. Mobile homes, as defined in Article 22 of this ordinance.- b . Caretaker's or manager's home or office . - C . - Service buildings and areas necessary to provide washing a• drying machines for domestic laundry, sanitation, rest room - storage, vending machines, and other similar services. provided the facility for the use and convenience of the mobile home pa tenants. d. .Recreation building3/facilities and areas serving only the mobs home park in which they are located. e. Customary accessory buildings and facilities necessaryi, f- operation of the mobile home park in which they are located . f. Storage buildings (no longer than 12 feet by 12 feet is base, - - • T0. feet in height) for individual mobile home spaces. • g. Fenced, communal storage areas provided by the park operator f- boats, campers,_ and other accessory vehicles belonging to pa residents. h. Sales of mobile razes to be located within the district a permitted only for mobile homes which are already _ located approved and established mobile home lots or spaces . 7 .20 .4 pevelonwent ijgouirements for Mobile Rome Parks a) Mobile home space requirements are specified below. 4/1" 1 ., A mobile home park shall be divided into mobile home spaces, wi - the limits of each space clearly established on the ground - permanent stakes. The minimum area of a space -shall be t . thousand ( 10 ,000) square feet per living unit; provided , howev,w that the Orange County Health Department may increase the minim area requirement for the park - and/or individual spaces whe necessary to be consistent with groundwater resources and/ limitations of sewage disposal systems . (Sew definition °mobile home space," Article 22 of this ordinance.) The spa shall be of sufficient size to meet minimum dimensional , area a., separation requirements for the anticipated size and character - the mobile home and any additions to be placed on the space . (S� 8.8 .26 .4.4d of this section for separation requirements .) 2 . The location of the mobile home spaces on the - ground shall b approximately the same as those shown on the approved- plans . T. degree of accuracy obtainable by working with a scale on the pl- and then a tape on the ground is acceptable . Precise engineeri- or surveying of space limits is not required either on the pla• or on the ground . - 7-39 08C 3 . Only one ( 1 ) mobile home may be erected on any mobile home space at one time . 4 . Each mobile home must be placed on a permanent stand or pad built to the specifications listed below. a. Each stand must comply with those standards specified in the " R I t o s fo Mobile Homes nodular Housing",. The remaining area of the stand ( that area of the stand which extends beyond the area on which the unit has been placed) must have a base of at least three inches of compacted crushed stone, gravel, or paved slab. b . The location of each mobile home stand must be at an . elevation, distance and angle in relation to the adjacent access drive so that placement and removal of the mobile home is practical by means of customary moving equipment. c . The surface of each mobile home stand or pad and the area around it shall be graded where necessary for proper drainage. d . The following separation requirements shall pertain to every mobile home , single wide or double wide, within the park: 1 ) Minimum Depth of Front Yard* Twenty-five (25) feet measured from the street right-of- way line .* 2) Minimum Width of Side Yard* Ten ( 10) feet . 3) Minimum Depth of Rear Yard* Ten ( 10) feet . • The term "yard" in this context is used to describe the placement of the mobile home within the mobile home space and is not a "setback" requirement as defined in Article 22 of the Zoning Ordinance . e. No mobile home stand may be located with direct access to a public street . f. An attached structure such as an awning , cabana , storage• building , carport , windbreak , or porch which has a floor area larger than 25 square feet and is roofed will be considered to be part of the mobile home stand for purposes of determining separation requirements . 5 . Each mobile home must have a permanent patio located adjacent to 7-40 or attached to the mobile home stand. The patio must_ be built t. o the standards below. - a. Each patio must be at least one hundred eighty ( 180) square feet in area . - b . Each patio must have sufficient gradient to provide fo adequate drainage away from the mobile home stand.. ' c. Each patio must have a well graded , well drained an compacted base and be constructed of portland cement o masonary.'. 6 . Each mobile home space shall have off-street parking facilitie for two (2) vehicles . Each parking space must be at least hon= hundred eighty ( 180) square feet in area, with a minimum width o nine (9) feet. It must be surfaced with at least four (4) inehe: of compacted crushed stone. 7 . A walkway (constructed of compacted wood chips, crushed stone gravel , or concrete) must be constructed for each mobile born space to connect the parking spaces and the patio. 8 . The park must remain in unitary ownership with no sale of space to an individual. 9. The applicant must submit a numbering/location system of the par. to the Orange County Planning Department . 10 . The applicant must submit to the Orange County Planiii. :; Department tenancy rules and regulations including , but no limited to: a. Prohibiting junked and/or abandoned vehicles within the park b . Prohibiting the accumulation of rubbish. c . Prohibiting outside storage of any nature. b) Minimum Frontage and Setback Requirements, 1 . A mobile home park must have a minimum frontage consistent wit the requirements of the zoning district in which it is located : If the proposed lot for the development of a mobile home park i a lot of record , there must be a minimum frontage of sixty (60) feet along a publicly dedicated street . 2 . The minimum setback of the park from a public street must b = consistent with the requirement of the zoning district in whit . it is located . No parking is permitted in the required setback . 3 . Mobile home stands must be located at least one hundred ( 100 7-41 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date September 16 , 1986 Action A enda -Item :H . SUBJECT: PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENTS DEPARTMENT: PLANNING PUBLIC HEARING X Yes No Attachment(s) Information Contact: MARVIN COLLINS Proposed Text Amendments Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To receive public comment on proposed text amendments to the Subdivision Regulations. NEED: Changes have occurred in the North Carolina Uniform Plat Law which establish minimum and maximum dimensions for subdivision plats - no smaller than 8-1/2" x 11" or greater than 21" x 30" . Margin dimensions are also established - 1-1/2" on the left border and 1/2" on all other borders. The current Subdivision Regulations allow either (a) 21" x 30". (b) 12" x 18" or (c) 18" x 24" plat sizes. IMPACT: The amendment would eliminate confusion between the regula- tions/requirements administered by the Planning Department and the Register of Deeds and Land Records Departments. RECOMMENDATION: Approval of amendment. 08a PROPOSED ORDINANCE AMENDMENTS ORDINANCE: SUBDIVISION REGULATIONS REFERENCE: SECTION III - E FINAL PLAT ORIGIN OF AMENDMENT: XSTAFF PLANNING BD. BOGC PUBLIC OTHER. STAFF PRIORITY RECOMMENDATION: X HIGH_ MIDDLE LOW COMMENT: To bring the ordinance provisions into I compliance with the General Statutes. EXPECTED PUBLIC HEARING DATE: AUGUST 26, 1986 ********************** PURPOSE OF AMENDMENT: The proposed amendment would bring the provisions of the Orange County Subdivision Regulations into compli- ance with the North Carolina Uniform Plat Law. ISSUES/ IMPACTS: The proposed amendment would replace the current provisions for plat dimensions with a minimum/maximum provision . The amendment would eliminate confusion between the regulations/requirements of the Planning Department and the Register of Deeds/Land Records departments. EXISTING ORDINANCE PROVISION(S) : SECTION III -- E - 5 a. Final Plats shall be drawn in waterproof ink on satisfactory reproducable material on sheets of the following sizes: either (a) 21" x 30", (b) 12" x 18" or (c) 18" x 24" . When more than one sheet is required to include the entire subdivision, all sheets shall be of the same size and shalt show appro- priate match marks on each sheet and appropriate references to other sheets of the subdivision. The scale. of the plat shall be at one ( 1 ) inch equals one-hundred ( 100) feet, or one ( 1 ) inch equals fifty (50) feet, whichever is most appropriate in the determination of the Planning Department. PROPOSED AMENDMENT(S) : REVISE SECTION III - E 5 a. to read: 084 Final plats shall be drawn in water- proof ink on satisfactory reproduc- able material on sheets M smaller. than 8 1/2" x 11" or gr M er than A " . When more than one sheet is required . . . ******************* ORDINANCE REVIEW COMMITTEE: - PLANNING BOARD (PRELIMINARY REVIEW) : BOCC (ADVERTISEMENT) : • ORANGE COUNTY BOARD OF COMMISSIONERS VOL ACTION AGENDA ITEM ABSTRACT Meeting Date September 16 , 1986 Actin %enda Item SUBJECT: PROPOSED AMENDMENTS - INSPECTION FEE SCHEDULE DEPARTMENT: PLANNING PUBLIC HEARING X Yes No Attachment(s) Information Contact: Marvin Collins Existing Fee Schedule Indicating Proposed Changes Telephone Numbers Hillsborough - 732-8181 Durham -- 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To receive public comment on proposed amendments to the In- spection Fee Schedule. NEED: On July 8. 1986 . an updated schedule of fees for planning, erosion control and building inspection services was adopted by the Board of Commissioners. Since adoption of the schedule, it has become apparent that revisions are necessary to clarify certain fees and other "miscellaneous" schedules which were not foreseen earlier. IMPACT: The proposed amendments would clarify the application of fees to certain types of construction and plan review/approval procedures. In addition. the provision regarding "Late Fees" would be incorporated again, and all schedules containing fees ending in $.50 would be rounded off to be consistent with the computerized permit system program. The proposed amendments would also add fees for various "mis- cellaneous" inspections such as the moving and demolition of buildings, commercial and campaign signs, swimming pools and radio/TV towers. Fees would also be established to provide for the reimbursement of Town of Chapel Hill Engineering Staff inspecting streets. storm drainage. and water and sewer facilities constructed to Town standards. RECOMMENDATION: Approval of the proposed amendment to the Inspection Fee Schedule. PROPOSED PLANNING FEE SCHEDULE 08€ (Underlined text indicates proposed changes) Ordinance Amendments S 80.00 Rezoning R quests/Land Use Plan Amendments 120.00 + 5.00/acre Zoning Permit 10.00 Minor Subdivision Application Fee 40.00 Lots on Final Plat 5.00 Each Major Subdivisions 1-5 Lots Application Fee 105.00 Lots on Final Plat 5.00 Each 6-9 Lots Application Fee 210.00 Lots on Final Plat 5.00 Each 10-25 Lots Application Fee 315.00 Lots on Final Plat 5.00 Each 26+ Lots Application Fee 420.00 Lots on Final Plat 5.00 Each Private Roads Class (Less tJiarj 509 feet) 40.00. Class g (500 feet or snore) 60,00. Class B 60.00 Class A 80,10 ptial Width Right-of-Way $9.09. Board of Adjustment-Variance/Appeal 80.00 - Special Use Permits-Airports 180.00 + 5.00/Acre -Junkyards 180.00 + 5.00/Acre -Kennels/Riding Stables 120.00 -Temporary Mobile Home 60.00 -Community Center 120.00 -Cemeteries 180.00 + 5.00/Acre -Day Care Facilities 120.00 -Radio/TV Towers 120.00 -Temporary Buildings 60.00 -Transmission Lines 120.00 -Sorority/Fraternity 180.00 + 5.00/Acre -Recreational Facilities 180.00 + 5.00/Acre -Hazardous Waste 180.00 Facilities + 5.00/Acre -Planned Developments See below -Historic Structures 120.00 -Non-Profit Educational 120.00 Cooperative -Impervious Surface 120.00 Modification -Extractive Uses 180.00 + 5.00/Acre -Landfill 180.00 + 5.00/Acre 08' -Public Utility Stations 180.00 + 5.00/Acre -Group Care Facilities 120.00 Planned Developments 1-4 Units or Lots 195.00 + 5.00/Unit or Lot 5-15 Units or Lots 430.00 + 5.00/Unit or Lot 15+ Units or Lots 640.00 + 5.00/Unit or Lot Home Occupation Plan Review 211.90 Major Transportation Corridor, 40.00 (MTC) Bite Plan Review PROPOSED EROSION CONTROL FEE SCHEDULE Erosion Control Plan (Maximum of 52.500.00) Urban 75.00/Acre Rural 3$.O0JAsZ Grading Permit (Maximum of $10,000.00) Urban 150.00/Acre Rural 75.00/Acre PROPOSED INSPECTIONS FEE SCHEDULE 8 (Underlined text indicates proposed changes) LATE FEES Work performed without A permit shall th& subieet t /atm fee. equal in amount tQ the fees specified for the work And in addition thereto. ADDITIONAL INSPECTIONS Additional inspections may be necessary through the failure to comply with applicable code requirements and are designated "Inspection Failures" . The extra inspections fee is $20.00. This fee applies to all inspection failures and shall be paid by the permit holder before or at the time of inspection. SCHEDULE A New Residential Buildings (one and two-family) 0 - 1000 square feet $ 130.00 1001 - 1500 square feet 160.00 1501 - 2500 square feet 220.00 2501 - 4000 square feet 300.00 4001 square feet and over 340.00 SCHEDULE B New Multi-Family Residential Buildings (Apartments, triplex, fourplex, townhouses and condominiums) First Unit 130.00 Each additional unit per building 65.00 SCHEDULE C Residential Repairs. Renovations, Alterations. Additions and Accessory Buildings $ 0 - 2000 (Structural Changes) 40.00 $2001 and over 40.00 + 2.00/$1000 SCHEDULE D Commercial, Industrial and Non-Residential Building. Alterations and Addition§ $ 0 - 2000 40.00 2001 and over + 3.00/$1000 SCHEDULE E Miscellaneous Building Inspections Mobile Home 40..00 Moving Building 40.00 Building Demolition 40.00 Change of Occupancy/Use 20.00 (Existing Building) O$-4 Satellite Dish 20.00 Curtain Wall 40.00 Radio/TV Tower 20.00 Swimming Pool 20.00 Re-Issue Outdated Building Permit Same fees as for new permit Wood Stove/Fireplace 20.00 Prefabricated Utility Buildings 20.00 (Not over 500 square feet in floor area and not involving footing and/or slab construction) Campaign Signs 20.00 (Per candidate and with listing of sign locations by Tax Map, Block and Lot number/No zoning permit required) Signs - Business identification 40.00 and billboards not involving construction of concrete footing(s) - All other signs 20.00 SCHEDULE F Miscellaneous Electrical Temporary Service 60Amp 20.00 60A - 100A 20.00 Mobile Home 20.00 Sign Inspections 20.00 Each Gasoline Pump (All Pumps) 20.00 Load Control Device 20.00 (Per Dwelling Unit or Commercial Establishment) Miscellaneous Inspections 20.00 Each Extra Trip 20.00 SCHEDULE G Electrical Service Changes Single Phase 30-50 Amp 20.00 60-100A 267b-b 125-200A 33.00 400A 39.00 Three Phase 20-50Amp 26.00 60-100A 33.00 150-200A 39.00 400A 52.00 SCHEDULE H Electrical Service Single Phase Three Phase 30-50Amp 20.00 26.00 60A 26 .00 26.00 70A 33.00 33.00 100A 09C 33 .00 33.00 125A -39.00 39.00 150A 46 .00 65.00 200A 52.0 78.00 300A 65.00 91.00 400A 78.00 117 .00 600A 98.00 130.00 800A 130.00 195.00 1000A 195.00 260.00 - 1200A 260.00 325.00 1400A 293 .00 390.00 1600A 325.00 - 520.00 Over 1600A 33 .00/100A 52.00/100A SCHEDULE I Plumbing New Construction or Fixture Replacement # Fixtures 1 7.00 2 10.00 3 14 .00 4 17.00 5 21.00 6 and over 21.00 + 4.00/Fixture Mobile Home 10.00 SCHEDULE J Residential Mechanical Any covered ductwork or component 60.00 (Each system) Any exposed ductwork or factory assembled 40 .00 components (One system) Installation of each additional system 10.00 Replacement of one system 40.00 Mobile Home 10 .00 Multi--Family/Exposed ductwork 40.00 (Per dwelling unit) Multi-Family/Covered ductwork 60.00 (Per dwelling unit) SCHEDULE K Non-Residential/Commercial Mechanical Commercial Cooling (with separate distribution system, including installation of a complete cooling system with the distribution system, condensor. receiver. cooling tower. or evaporative condensor coils and air handling units. etc. ) First Unit 40.00 Each additional unit 10.00 Replacement of a system 40..00 Commercial Heating (Installation of a heating system including boiler, furnace, duct heater, unit heater, air handling units and air distribution system, etc.) First Unit 40.00 091 Each additional unit 10.00 Replacement of a system 40.00 Commercial heating and cooling (with combined system including the distribution system, boiler, furnace, ductwork, etc.) First Unit 40.00 Each additional unit . 10.00 Replacement of a system 40.00 Commercial Ventilation and Exhaust Systems (includes fans, blowers and duct system for removal of dust, gases, fumes, vapors, etc.) One system 40.00 Each additional system 10.00 Hood fan commercial type cooking equipment 20.00 Commercial range or grill (each unit) 20.00 Deep fat fryer 20.00 Oven 20.00 SCHEDULE L Joint Planning Inspection Fees All projects approved under the terms of the Joint Planning Agreement between Orange County and the Town of Chapel Hill shall pay the following fees prior to the recording of a Special Use Permit or Final Plat of a major subdivision: Street and storm One percent (1%) of the drainage improvements total construction cost of . those improvements to be constructed to Town of Chapel Hill standards Water and sewer Two percent (2%) of the improvements total construction cost of those improvements to be constructed to Town of Chapel Hill standards Where projects are to be built in phases, fees may be pro=rated based on the cost of improvements scheduled in each phase. _ Acopted by Orange Court y Boar- 09 : of Commissioners 7-8-86 PLANNING FEE SCHEDULE _ - Ordinance Amendments S 80-00 Land Use Plan Amendments 120.00 + $5_00/acre • 'Zoning Permit 10.00 Minor Subdivision - Application Fee, 40.00 Lots on Final Plat _ -5.00 Each Major Subdivisions ' 1-5 Lots Applicationee. 105.00 - • Lots an Final Plat 5.00 Each - 6-9 Lots ' Application Fee 210.00 - Lots on Final Plat • - 5.00 Each 10-25 Lots Application Fee -- - 315:00• ' - Lots on Final Plat - - - 5.00 Each. - - 26+ Lots Application Fee 420.00 - Lots on Final Plat_ 5.00 Each ' Private Road. 40.00 _ _ - ' Board of Adjustment - Variance/Appeal - 80.00 - _ - - Special .Use Permits - Airports 180.00 + $5_00/acre . - . • .- Junkyards - - _- 180.00 + $5.00/acre Kennels/Riding'-Stables - 120.00 -- Temporary Mobile Home - _ 60.00 _ - - _ _ - Community Center 120.00 • - Cemeteries 180.00 + $5.00/acre _ • - Day• Care Facilities " - 120.00 _ - - Radio/TV-Towers - 120.0] _ . • - Temporary Buildings - 60.00 -- Transmission Lines - _ 120.00 - Sorority/Fraternity . 180.00•+. $5-00/acre - Recreational Facilities - - 180-00 + $5.00 -- Hazardous Waste Facilities 180.00 + 45-00/acre - Planned Developments - See belmo- . -• Historic Syructures - 120.00 ._ - Non-Profit Education Cooperative 120.00 - - Impervious Surface Modification - - ' 120.00 - . • - Extractive Uses • -180.00 -1- $5.00/acre -- Landfill 180.004 $5_40/acre - Public Utility Stations - 180.00 +.$5.00/acre -- Group Care Facilities - 120.00 . ' Planned Developments 1-4 Units/Lots - . 195.00 -4 $5-o0/nnit or 5--15 Units/Lots 430.00 -I• $5.00/unit or 15+ Units/Lots - 640.'10 = $5_00/unit or Erosion Control Plan - - Urban 75_CC/acre - Rural - 37.50/acre. . maximum.or $2.500-00 - . • Grading Permit Urban 150.00/acre • - Rural 75-00/acre Maxi=ma of $10,000«.00 sr Adoptd_.by Orange County Board r • - -. of Co +tS5 oners 7-8-86 - •..INSPECTIONS FEE SCHEDULE . - • - U9 - .- . ADDITIONAL mS?ECTIONs • Additional inspections may be necessary th' the• failure to _ - • . comply with applicable code requirements and are designated. • •• "Inspection Failures". The extra inspections fee is $20.08. - _ _ _ • .This fee applies to all Inspect ion failures and shall be pad. - - --- , • by the permit holder before or at the time of i ns ectton. _ - . .. • • gra^F �� A - _- r • - • . New residential buildings (one and two fam ) - _ -_ _ . - -- - - -..y• . •• • including townhouse or condominuza ownership - - -µ - _ _ - - - - • - ' 0 --.1000 square.feet gross area -- - -- _- - ; 1p_� ;:• 1001 -- 1500 square feet -t - - _ _ - . - - - -160.00 _ . . - . . 1501 -- 2500 square feet. _ •' - - - - _ - -_ :_`` _220:00 • _ • - .. - 2501. 4000 square feet. • - = - _-- - - - _ .30 0 ----- 0.0 . :, 4001 and over • • ;' -= - _ 340_00 -- .= SCHEDULE B - -• . L . ._. : % °. Y 7--.r--- . - _ _.,: g r tiFani ly residential buildings _ _ `_ , -' --._, . -"�~_•. (apartments, triplex, and fourplex) • - _ _ - _ a. =' ---- =_ •'! • .First Unit • : • . . _ - _ +-- -_- .- Z_ 130.bi Each additional unit per building -• • _ _- -+=65;00 .-•. • " - SCHEDULE C - - " ___ - = - - -- - Y • Residential Repairs, Renovations and - • • - - - _ _ _:_•• 'Alterations _ _ - -$ 0 �- 2000 (Structural Changes) - - - - ` 40_00 . - .. $2001. - .over r 4D.00 - . _ - plus `. SC�ot'LE D _ -- -: $ZI$100 • • - Comm ` Commercial, Industrial and Non- _- • . Residential Building - - - - _- . - - $ 0 2000 . _ •z40-00 . $2001 .-- and over _ - 40.00 • - - - plus - - i - - - - - $2.50/$1000 - SCHEDULE E • - _ - - - _ - Miscellaneous Building Inspections - - -- • Mobile Home • -. - - - 40-00 ._... u SCHEDULE F - _ - - __ - - . 0 9�sce7laneous.Electrical. • • - _ Temporary Services • 60A • • $ 19-50 - -60 -- 100A • - - 19:50 Mobile Homes • - .. - - __+ 19-50 - - Each extra trip • • • - - - - 19.50 Sign Inspections • _ -� " ' I9_50 = -- • - - Each -gaso]..ine pump (AU pumps) • - - _ - - 1950 - _ Miscellaneous Inspections • ▪ - 19.50 SCE DULE G • - - :ri - . - . .4':_-_-.7-,--- • _ -• - - - - - - -7"�- - ire ▪ • ' '.._Ele a cal Service-Changes :- - =ti.f•T _ • • Single Phase - _ _ -•.•;_.--,_ • 30 50A _ - : `_ ._ - -7- 9--_-- 5--7_0-,--:-:.--.:.:.-.;"-,:.-_.-2. ---- -60 -- 100A • • - 7-' 26_00 = • ..• • 125 - 200A - -- -- -• - _ _ -. _ _32.50 = - - '400A : - ' • • : — --. _-31.00 _• •5* ---_'5* -_ Three Phase •. _ - -_ -_ --?•-_-'• -° f-_-• . • 20 50A ▪ - - - :-- �: C -'ti -26:00'_ - ' - • 60 100A .s - __-,' - --,32_50 •• 150 200A _ - - - _ =-39.00 -. 400A - -- -=--z.:2- -- ___ _ - 52..00 -• Electrical Single Phase and Three Phase Single Phase - Three Phase - 30A, 40A, 50A = 6 _ 19_50 $ - 26-0* 60A _ - -- �6_00 - __ 26-0 . 70A • • ' -- - 32.50 . - - 32.5 • 100A - • 32.50 - - -32.5 325A :. - - '39.00 _ ` - -39.0 i • :150A _45_50 _. _ 65.01 • - •200A ' 5200 78_O r - 3n0A: - 65.00 ?[-G# • 400A 78.00 - 117-01 600A 97.50 ' 130.0+ 800A • - 00A - 130_00 _I95.01 - • • 1000A • . • .. - 195_00 - -_ -= 260-01 1200A - 260.00 • -325.0+ 1400A . • - 242.50 ' __390.0 1600A- - - 325_00 -�2C_C. Over 1600A 1 _ per 100A 32.-50 per 100A -'57.11g- . rf. ' i _: r�P .. v I ' • • • - • SImUt�E • C oa � - • ■ 4.. - • New Gatzstruc-tic� or Fi,xt Rep1a *t - - Fixtures 1 _ $ 6.5 Q 2. • - - - IQ•,OOn • 3' ;.. . - - - - = _ I3_5o . •- _ •• -6 a above -d _ • Ilts - i x-A -• • • • - _ -. - _ - -:•-.. - __- � _ice.. - _• • • s i ti_= • • • • • r• ' • • • • • - t • • • - • • . - .. - • • • - 09 - - - - -- Scwt� s - - . - side t-Zal kcal = - - - - - - Any covered ductwork or component (each system) _ $ _60.00 • All eked ductwork or factory assembled and . - - • •-car x nests (one system) - - - . 40.00 • Installation of each additional. system - - _ T 10.00 Z placement of one system . - - •: - = - - 40.00 • Z1u3ti Fam-1y -- exposed duci or: . - - • • . - • 40_0G .• Multi-Family -� covered duets xark . . - - • _ _ _ ;60.00 ▪ HOn-Rcci r"l�rrfwil/Qr i al _• - _ - - :; r -t • Ccarmrrial Cooling (with separate distribution - -- - == = t' _ - = system, inch � tg installation of a complete -..• :-;.,:•� •- - - -f`-.�_.^ � �- - .---,-;_-.-- - - • cooling system with the system, . -, _ _- -`' •- -' ,' distribution ��*n, - :.. :. -.ccndensorr receiver,. cooling to er; or - -- = :_!-- - - --F=' -�. evaporative condensor coils and air handling - • . _ -. _ _ _'_--- _=- _ - " units, etc ) - .'. . • . , . • - • `, _ •- - ` -' - - - • ` First kit • - - -- - - - - •o- .r :_ r _ _-ro4`0.00_r--- - . -Each additional unit _ - .;_ -: -.•:W.4.10.00 _Replacoment of a system _ _- -- _ 4O.O�r.. . • -Gorrercia1 Heating (Installation of a heating " - - _ ^�`==_ including boiler, -fur ace; duct heater, - - -_- • _ •_•: - "'" unit ter, air handling units, •and air - _ _ - '� - _ • 'di_stri b� system, etc . - - - -_ =,- - . First Unit- . • . - = t' Unit- 0:00 Each additional unit . . • ' - • -• ' • - •1 _ ; 'JO:00 •. Replacanent of a system • - ....- .ti• 14,- - 40.00 - . Carrmercial heating and cooling (with me+bine • - • . - - - • - • system �g the distribution system, • - - ___ - _- • boiler, furnace, ducts ork, etc.) -- -• `• . • First•Unit . _-- '40_00• • • Each additional unit - - . . - : 10.00 . - Replant of a „system - _ 40-.00 - C rarer al Ventilatio czi n and Exhaust Systems - _ - . • (include fans, blu rs, and duct system for • - _ _ - - - removal of dust, gases, fumes, vapors, etc.) - _ - - __ - • One system (including one fan & blowc) •- _ - 10.00 - Each additional system . - _ _- 10.00 . Hood fan cc rrrercial type cooking equipment.. : _ -- - - • 20.00 Cercial Range or Grill. (each unit) . - ' - - 20.00 • reep Fat Fryer . - - 20.00 • Oven • 20_00 w • -{10{ •- UX/U 1iL CUUNI BOARD OF COmMISS1t ::::RS - ACTION AGENDA - ACTION AGENDA ITEM A3STRACT ITEM NO. J MEETING DATE SEPTEMBER 16, 1986 9 • SUBJECT: ABOVE ENTRY HIRING REQUEST (GRANGE COUNTY PLANNING DEPARTMENT) • - - • FL)EP)\RThENT: COUNTY MANS y I PUBLIC HEARING: YES , x NO 1 ATTACHMENT(S): NO INFORMATION CONTACT:. H' R. THOMPSa1 (UNDER SEPARATE co YER) PHONE NUMBERS: HILLSBOROUGH -- 732-8181 -HILLSBOROUGH --. 732-9351. CHAPEL HILL -- 967-9251 - • MEBANE -- .227-2031 - - DURHAM - 688-7331 PURPOSE: TO REBID A HIGHER THAN ENTRY LEVEL SALARY FOR AN APPLICANT FOR THE POSITION OF PLANNER III (CURRENT). • • NEED: THE BASIS FOR THE REQUEST IS THAT QUALIFICATICNS:OF THE-APPLICANT, STEMMING FROM PRIOR EXPERIENCE AND YEARS. OF SERVICE ICE AS COT6I E[)`IN.THE-RESUML. - . SENT:UNDER SEPARATE COVER, EXCEEDS THE MINIMUM..EWCAtTO AND TRAIN-INC - • • • IMPACT: SALARY SAVINGS FROM THE VACANT PLANNER-III POSITION IN ADDITION TO SALARY. SAVINGS FROM RECENTLY ADVERTISED POSITIONS (PLANNER II -- aRRENT, PLANNER II - COMPREHENSIVE. AND CODE ENFORCEMENT TT OFFICER) WILL MORE THAN SUFFICIENTLY . - - COVER REQUESTED SALARY IN CURRENT FISCAL BUDGET. A MODEST INCREASE IN FUNDING WILL BE NECESSARY IN NEXT-FISCAL BUDGET. • • • RECOMMENDATION(S): APPROVED AS RECOMMENDED BY THE COUNTY MANAGER. 3CARC CF t,..:AMI::: .ONES- .NC.4 CN ACE".klC 1 .;8.7. CT 711M 1CF 4 .a :A' September 16 , 1986 O9 zEC: Transportation Lease Agreement with C.A.T. Agencies 2Z ARTMENT. Aging Pt.IELM SSR::iG:. _MO l i ..w1 TC 5): County Agreements INt'cl •!AT:ON C TAB Jerry M. Passmore with the following: NONE CNE �1ti 48E : OCC3S ,nILL BOROUGy — 772-422FIT Orange Enterprise CHAin't - se7-428 7 01.M14)344- - SEE-77Z PJe' CI : Request approval of vehicle lease agreements with C.A.T. Agencies • • which are part of the Orange County Transportation Development Plan (TDP) , effective October 1, 1986 - June 30 ,' 1987. There are three agreements involving ' Orange County with 1) JOCCA, 2) OCCJ3.S , 3) Orange Enterprises .. The JOCCA agree- ' ment is a revision from last year to reflect re-assignment of CAT vehicles . The OCCHS and Orange Enterprises are new agreements developed as a result of new County vehicles being acquired this past year but assigned to them for use under the old and updated TDP. M5=:: Vehicle lease agreements are required to . cooperatively provide Euman Service transportation- to Orange County' s elderly, inflamed, handicapped, and disadvantaged as• developed in the five year TDP . ::"PACT: This will improve coordination and clarify responsibilities of assigned C.A.T. vehicles to Participating agencies. Orange County Department on Aging would reassign two of its older JOCCA-leased vehicles (CAT 7 & 13) to another agency and receive three newer County-owned vehicles (CAT 5 ,9 and 11) to cperate and coordinate with Orange Enterprises . A C.A.T. program budget amendment would be requested in the amount of $16,000 for Motor Pool (1067914) to reflect increased revenues from C.A.T. agencies. RECOMMENDATION (S) : Department on Aging staff recommend approval. Orange County Transportation Committee recommended approval on August 12, 1986 . Orange County C. A. T. Agreement 094 This agreement entered into this 1st day of October. +986.. by and between the -Action, Inc. , . . Joint. Orange-,Chatham Community herenafter referr: to as JOCCA and • County -of"'Oran-ge hereinafter referred to as County The purpose of this agreement is to outline the conditions under which the JOCCA and e County will cooperatively provide human service transportation 13i to Orange County' s elderly, infirmed. and disadvantaged under the C. A. T. (Coordinated Aoencv Transportation) system. - SPECIFIC RESPONSIBILITIES OF JOCCA 1 . To lease the following identified vehicles or similiar sire at the hours specified by each vehicle. 1984 International Bus (24 pass. ) - CAT 11, Lic. 84501-P Vin IHVLD4M3EHA67025 1979 Dodge Van with lift (15 pass. ) - CAT #14, Lic. 91941-P Vin B36JFK372532 SPECIFIC RESPONSIBILITIES OF the County 1. To provide all gas, maintenance, repairs and insurance (liability/collision - minimum of 97% of replacement cost) on leased vehicles. 2. To operate and schedule. the use of the leased vehicles on behalf of human service clients and approved groups according - to the Orange County Transportation Board policy and procedures.. 7. To allow C.A. T. program .agencies access (timesharingirideshar_ng) to leased vehi_l e (s) when not scheduled for use. at a rate established tv the Orange County Transportation Board and approved by the County Cammi ss:oners. 4. To oomcld=o.. a•ll reaU.1:red 'vehicle oaerat_on retorts and submit to the Crande' Co_:nt,, CA.-T. supervisor the Department on. Aging. The term of this contract shall be from October 1 . 198 through _ dune 30. 1957.unless sooner terminated by either party diving .30 . days prior written notice to the other party of intention to terminate. IN WITNESS WHEREOF. JOCCA and the County- have e::ecutac he Agreement of tne da}e _ _rat stov9 wr=tamer. AGENCY Joint Orange-Chatham AGENCY County of Orange Community Action, Inc. BY BY Chair or Designated Official Chair or Designated Official Approved as to ��CS '_ Form: :range ,o�anty At.ornev Grange County C.A. T. Agreement This agreement entered into this 1st day of October, 1996. byo C d between the County of Orange , hereinafter re-erred to as "rnlinty:i and Orange--Chatham Comprehensive Health Services, Inc. , hereinaft: referred to as OCCHS The purpose of this agreement is to outline the conditions under which the County and OCCHS will cooperatively provide human service transportation to Uranae County' s elderly. infirmed. and disadvantaged under the C.A. T. (Coordinated Agency Transportation) system. SPECIFIC RESPONSIBILITIES OF the County 1. To lease the fallowing identified vehicles or similiar size at the hours 5oecified by each vehicle. 1984 Dodge Van (15 pass w/lift) - CAT #12 Lic. 91942-P VIN - 2B7KB33WXEK311123 SPECIFIC RESPONSIBILITIES OF OCCHS - 1. To provide all gas, maintenance, repairs and insurance (liability/collision - minimum of 90% of replacement cost) on leased vehicles. 2. To operate and schedule the use of the leased vehicle(-s) on behalf of human service clients and approved groups according - to the Orange County Transportation Board policy and procedures. 7. To allow C. A. T. program agencies access (timesharing/ridesharing) to leased vehicles) when not scheduled for use. at a rate estaolished by the Orange County Transportation 5dard and approved by the County Commissioners. 4. To complete all recuired vehicle oceration reports and sudmIt to the Cranoe County C. H. T. supervisor in the Department on acinc. The term of this contract shall be from October 1. 1926 through June . O. 1?97,unless sooner terminated by either party Diving ZO days prior written notice to the other party of intention to terminate. IN WITNESS 'WHER'EO'F, County and OCCHS nave e:tecuted ne agreement of the date f_rs _ above written. AGENCY County of Orange AGENCY Orange-Chatham Comprehensive Health Services,'.Inc. BY BY Chair or Designated Official Chair or Designated Official Addre.,..e.d as _.o _eail Form: :range A= __rney • 101 Orange County C.A.T. Agreement. This agreement entered into :his 19th aav cf August. 1geo. • by and between the County of mange on benal f of the Department on Aging. hereinafter referred to as the 'County' and orange Enterprises. Inc. hereinafter referred to as '0.E' The miracle* of this agreement is to outline _he .canditians under which the County and 0._. will cocoeratively previa, human service transoortation to Orange County's aging, infirmed.and disadvantaged under the C.A.T. (Coordinated Agana-, Transccreation) system. SPECIFIC REEP'7NSI3ILIT:E5 CF ORANGE COUNTY 1. To lease three (C) vehicles to 0.E. Monday threugn Fr;cav, for daily pick u0 and take Name of C.E. clients. 2. To gravid* all insurance, fuel.maintenance, and .repairs for each Leased vehicle. 3. To lease the following identified vehicles or similiar 31:2 • at the hours soecifisd•bv eacn vehicle. 1984 Ford Van (15 class.) - CAT e9 .curs- o--Sam.3:30-6om. M-7 1993 Chev Bus (24 class/Lift)- CAT IPS Ftaurs • 6-eae,3:30-6cc. M-P 1984 Dodge Van (15 pass./lift)- CAT ell Hrs- a-9aai.3:30-6ota. M-? 4. TO provide backup vehicles for routes and smart term lease to 0.E.. at other times on a scheduled basis. • SPECIFIC RESPONSIBILITIES CF ORANGE !N1 PRISES 1. TC reimburse Orange County at the established CAT Lease Rata Schedule (attachment 41) within 0 days after billing. . To overate and schedule tho LSO :. ne :eased veh_oles • actorazne to "he Crange Cou.u,t-, 7ransccr-3=zon car :4.:ov concerhj.ng CAT Leasing (attachment =2) & dx,ver der 4:-at:'o n (attachment . 3) . Z. To ocmo.:ete all reou.rso NCCCCT :o8ra::_n reccr-, and CAT .. . ven:cl a Laz 1 v ...ca and aucmi_ _c eancc Ccun*_v Dad*_. tut Ac=ng. 4. To park all leased venzcles at c-e CAT ?arkzng 4-t (7C0) 4. Trv=n St. .hi 1!secrcucn) wnen no- :n use except CAT 411 to be parked at the OPC Mental Health Canter in Chanel Sill. The term cf :his crntrac_ shall to from October 1, 1°S • through June 0. 1997. unless sooner terminated by either tarty giving CO Cans ar:or writt n notice to the other oarty of intention to terminate. IN WITfNE!S 'AimS.PEOF. .'.range Count-, ar o granger En to r.r_ -ass. .'c. nay, ensoucmc .ne -areement cf the :ate _rat aocve -...r-_ton. • Comm' of Orange • Orange Znterprises, :nc. BY: 3Y: -aai as or Cesignatec Official ' Chairman or ;esagaa-e Ofw_ a1 • Approved as to Legal ?art: Zrange C.. =: :.=_==ey • ATTACEMENT 4 1 • Orange County Department on Aging C.A.T. Vehicle/Driver Leasing Rate Schedule 1 Q 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. • -- Tl;'-. � - ��~{.n.'``.'v�•a�-:'. --cl Yl yam.:fly -- - _ - - - :;tom _ --2f.• _ COORDINATED AGENCY TRANSPORTATION PROGRAM $03 arangs- Ccuntv ebartment an aging Lan' ?aL i+v fcr C.Af T. Vehicles • The Orange Caunt•i Csoar±mgt are .Aging who administers tee Cacrdinated Alarm: Tr?naacrtatiar, !C.A. T. ) Progr am. has available. on a Limited basis vehicles!: $ lease when rat ;r. -ser,'toe. IP.ever. there are- several ryastr-icti.arts an who may • uear thee, and haw the." may be. ► ad• when leased. t, argani cati ans. CREI NLDTICP S that CLJALIFf far- use of C. A. T. ehiclas at the 'set-ab i shed Leasing rata ts as f of?awe: 1. Decay ment3 within Crange County C-nvsrnment. verr,mental Agencies.. 3.: Agencies car-rating vehicles as a member at the C.A.T. • Pregram. Cr* aniza}tarts Funded by Cramp? County ar whc: have a. direct relati=shic t= a County Department will be ccnsi.dered ore a case try case• basis. The PUPPC3c.of the Lase arrangements shall be 'tc offer chart terra- human ter:i ae+ e+ ucati_n al and Leisure. transccrt- a ti=e ort a peri 'ia' basis tc aeves-al. auaLi lying grams. CAA.,T.. veh i c/ ae CAN PCT PE LEAS= FAR THE FCLL_CW I NC l� PcLitical. reL'tgi.aus. aria:ate ar arafit-making endeavors. 2. SChedultad weeiL., trips =OF an entended per:ad..• L. Overnight. a tcursi=n 4. Trios with antra than a !1' mile. radius cf ^range, :mot•;. unless aearaved b•: the Deaf. an Aging Director.. The Orange- Counts: Zataar<nent an Aging will. pr• •rids and tilt the cast. of a drive.- tc LL aual_t•:_ng ,;rauc.s. If a r_as es ��se great ;r__ t t Asir dri‘:sr fcr. t.''!e leased trio. it must be apart: ed be the pews:. an Acing ^treater and the name out an an a=+o+r.�,•;e+► nen—Deo artmental rr= ,er. �s their .'. _• . ALL • DRI'v' S MST HAVE A CLASS 9 LICENSE. .7./.."7/ma ATTACHMENT 43 104 C.A.T. Driver Certification All drivers of C.A.T. vehicles, whether short -term or daily lease use of vehicles, must be certified and on a CAT Driver approval list before allowed to operate any CAT vehicles. CAT Driver Certification procedure is as follows: 1. The C.A.T. Supervisor, employed by the Dept. on Aging, will be responsible for the certification of all CAT Drivers and maintain driver approval list. 2. Minimum qualifications for driver certification for various type/size vehicles - available. A. Fifteen (15) Passenaer Vans (1) Must have a Class H license in force. (2) A good driving record (verified by DMV) . (3) A short road test on the operation of van and any special equipment (lift, etc) . (4) A check-out conference covering emergency/ accident procedures, and forms, and gas purchase/or fillup procedures and required CAT transportation forms . B. Minibus (24) Passenger - (1) Must have a Class B license in force. (2.) A good driving record, (verified by DMV) (3) Adequate past experience driving a minibus approved by CAT supervisor or have passed the Bus driving school offered by the public schools. (CAT Supervisor will make arrangements for interested persons) . (4) A short road test on the operation bus and any special equipment (lift, etc. ) . (5) A check-out conference covering emergency/ accident procedures , and forms, gas purchase/ or fillup procedures and required CAT transportation forms . C. Large Field Trip Bus (32 Passencer) (1) Must meet all above requirements for CAT ' minibus driver. (2) Must be employed by Orange County as a Bus Driver. ORANGE COUNTY _._ _ . • BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO MEETING` DATE:September 16 , 1986 ion SUBJECT: Transportation Driver Provision Agreement with C.A.T. Agencies DEPAR11IENT:. Aging . PUBLIC. HEARING: YES x NO ATTACHMENT(S) : • INFORMATION CONTACT:. Orange Enterprises OPC Mental Health. Center PHONE NUMBERS:- HILLSBOROUGH - 732-8181 • HILLSBOROUGi - 732-9361 • CHAPEL HILL - 967-9251 • MANE - 227-2031 DURHAM 688-7331 • • • . PURPOSE: Request approval of a., driver- _provision agreement with Orange Enterprises and OPC Mental Health Center who are part of the Orange County Transportation Development Plan CTDP) . The OPC Mental Health Center agree- ment is an interim agreement until Orange Enterprises, Inc. is fully independent in its program operation from OPCMHC. • NEED: . The Orange CAT program would provide a driver for OE 'S northern route w which would improve the coordinated use of the shared vehicles between DoA and OE on a daily basis. IMPACT:- A C.A.T. program budget amendment would be requested in the amount of $4,680 for Temporaty Personnel (1067903) to reflect increased revenues from this agreement. • RECOMMENDATION(S) : Department on Aging staff recommend approval. 10EOra, CLtntV - roofFinu en .7_ t • 1.1 • by an,-; tns LLunry rtrar, on tne. rtfrnt • on :1=1.J1r:::1. and itranas-Pe,rFific: Cilatham Hsaltn rcrs,Li to aa " OPCNKC " . • Ine pu =s to 7ut1 7ne tho tio undnr and will .7..ourfratiyiv orovidc: humman ; s7=:.r.vics tr:,..=ortatic!n thn C-A.T. tCcoIrdinate..71 • Aosnuy )ran::;:nortation) SviT.tem. • • Sonoifiu Respon,7ibilitiss - of Orange County 1 . 10 provlds a csrtified drivsr for Oranozz. ncrtharn rOutE MondEr,v t.hrouph Friday for dSily miick-u:a and take • horn g. rif bstosen the hours of 700 - E:30 am and 4: 00 -- pm. • 2. To provids drivars in cs.a,s.. tns regular driver iu • not available,. • 3. To emc,lov Trns7,ortation SI.:.dervisorto hanrils any DrribIms asriurs there ± a i.:iriy.ar snd vrA-ticle Resnonilitiss ct !..WLL ---------- 1 , 1 ,77 nsr a tnre,s b 1 1 spooi -'.. lo to t±i oute. The term c this contract shall be from Emptember through September 30, 1986 uni ,ess soonsr tnrminated Lv eithsr party giving 30 days prior written notice to the other party of • intention to terminate. IN WITNESS WHEREOF. Orange County and Orance Enferpries. in h;lve executed the Agreement of the date first above written. • Countv oF Orange Dranoe-Person-Chatham; Mental He=Oth Critu- 1n 8y: By: Chair or Designated OfilciaI Chair or it=sionzli-e,j Orange County r. k. T. Art • 1.0rf This agresmen IT. entered into this 16th oav of • 1996 • by and the Lunt -' ot Orange on Behel + ths neoartmnt Ln ree!-I-c. d to aF; tht " ounty" -end erartge Fnterprils. Inc. hF.N-einai,ter 1.- -:.-ierred to as "0..E. ". .aor t the County and 0. E. Nill oco'crativEav prcide nuuan transootation under the C.A. T. (f.-,ocrtinated Traneoortation) !:. ,:i,:eponsioilitieH Jo Co,-_tntV a ce- - ii-d oriver {or U.E. ' s: nor.therr. Ur-ande routH. Monda• Fr: +or daily pic;,:-uo and take- • home gi clients beto:een tne hours of .E;;OC, aw and • - 5400 flm. 2. To of-o:/.( dE: bkiJ.::) drivers in cas2 ti a reou1ar t7;riV9e is • not evailabIe. 3, 4o EMD! DV a C. A. T. Tranprtation SL ' s = to- hz.ndla EOV • - oroblem,s and to assure thre is R driver and vdt-ti.cl'e avai !aole. BpPci-Fic Fe:i:!Donsitailitie,i: of 0. E. 1 . To re1murse r Coun'i'., at per hour for - a thre.s2 o :OtOn V9th il-: :30 2 TD r;,.7 trani.-: in the tniques • maname:It includino other oroceoures sDeci-!'io to FT-m7,ram anri ravIte. • The term thi.a ocntriAct snail be -Fro cl Oc.!=r,ber 1 . throudn June 30. 2.9sii7„ uniese eooner teralinated by either party diving 30 Liays prior writta.n notice to tne otner' partv Ctt • intention to terminate. . IN WITNESS WHEF:EtD1:. Ornde County and Oranoe Inc. have executed the Agreement of the date first above written. • County o4 Crancie Oranoe By: By: _ • Chair or pesignated 0+-fic1a1 Chair or Da'siontedOfficia • 7 108 • ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO.i MEETING DATE September 16, 1986 SUBJECT: Rental Rehabilitation Agreement DEPARTMENT: PUBLIC HEARING: YES X NO Eiousinq & Community Development ATTACHMENT(S) : INFORMATION CONTACT: Tara Fikes Agreement for Consultant Services PHONE NUMBERS: HILLSBOROUGH - 732-81.81 Amendment to Agreement for Consultant HILLSBOROUGH - 732-936.1 Services CHAPEL Hill - 967-9251 MEBANE - 227-2031 4 DURHAM - 688-7331 PURPOSE: To consider amending the Agreement for Consultant Services with the Town of Chapel Hill to provide housing rehabilitation services for the Rental Rehabilitation Program. NEED: On May 27, 1986 the County entered into an agreement to . provide technical expertise to the Town of Chapel Hill Rental Rehabilitation Program in the actual physical rehabilitation of an initial fifteen (15) units. This requires the services of the County's rehabilitation staff. Presently, the County has provided assistance for the initial fifteen (15) units and the town wishes to extend the number of units to twenty-three (23) total units. The administrative fee of $800.00 per unit would be charged to the town. The County has been awarded an Annual Contributions Contract by HUD to provide Section 8 certificates and vouchers for units rehabilitated under the Rental Rehabilitation Program. The County will receive administrative fees for each Section 8 certificate/voucher issued. IMPACT: This amendment will enable the Town of Chapel Hill to expand its Rental Rehabilitation Program with the continued assistance of the County's rehabilitation staff. it mould also enhance the County's Section 8 program by adding eight additional Section 8 units. RECOMME:NUA'E'ION(:; ) : Approve the execution of the Amendment to the Agreement for Consultant Services and authorize the chair to sign on behalf of the board. • STATE OF NORTH CAROLINA AGRZEMENT FOR 10 4 COUNTY OF ORANGE CONSULTANT SERVICES This- Agreement, made and entered into by and between the Town of Chapel Hill, herein "Town" and Orange County • herein, "Consultant" for services as hereinafter described within the Town of Chapel Hill. WITNESSETH That for and in consideration of the mutual promises and conditions set forth below, the Town and Consultant agree: A. Duties of Consultant: The Consultant agrees to perform those duties described in Exhibit A attached hereto and incorporated herein by reference. B. Duties of Town: The Town shall pay for the Consultant's services as set forth herein. - C. Fee Schedule and Maximum Sum: Payment shall be made according to the Fee Schedule and subject to the maximum sum set forth in Exhibit A attached hereto and incorporated herein by reference.. 0• Billing and Payment: The Consultant shall submit a bill upon completion of all work performed under the terms of this Agree. ment. The Consultant shall bill and the Town shall pay at the rates set forth herein. Payment will be made by the Town within thirty (30) days of receipt of an accurate invoice, approved by the Town Manager or his designee. E. Amendment: This agreement may be amended in writing by mutual agreement of the Town and Consultant. F. Term: This Agreement, unless amended as provided herein, shall be in effect from 5/20/86 to 12/30/86 G. Federal Requirements: See ExIiibic A. This the .4000 day of CONSULTANT ORANGE COUNTY By i' /./jiG� Attest Title VICE-CHAIR, BOARD OF COMMISSIONERS Title C • Corporate Seal Address 106 E. MARGARET LAVE HILLSBOROUGH, N.C. 27278 Phone (919) 732-8315 TOWN OF CHAPEL HILL 11 Approved as to form and authorization: £%✓P" Town Attorney This instrument has been preaudited in a manner required by the Local Government Budget and Fiscal Control Act. w Finance Officer By :i , . :�. �-� -,�✓ Assistant Town Manager By ` ' Attest 7 Town Manager Town Clerk SEAL ...._.a lie • EXHIBIT A CONTRACT FOR SERVICES BETWEEN THE TOWN AND ORANGE COUNTY A. DUTIES OF CONSULTANT The County will provide technical services to rehabilitate rental housing units. Tasks to be performed include, but are not limited to the following: 1. Inspect units, verify eligible rehabilitation costs, and prepare an itemized list of rehabilitation activities and their associated cost estimates (work write-up) . The County rehabilitation staff shall incorporate inspection report findings from the Town of Chapel Hill and the Orange County Section 8 program into its analysis. 2. Prepare specifications and bid documents necessary to solicit bids on the work by qualified contractors. For owner-contractors, prepare specifications. 3. Solicit and receive bids, prepare bid tabulation sheets, and recommend bid awards (not applicable in the case of an owner- contractor) . 4. Hold pre-construction conferences. 5. Monitor rehabilitation activities by inspecting work in progress regularly (minimum of weekly.) , and make final rehabilitation inspection to ensure compliance with all contract specifications, requests Town inspection for code compliance, and make follow-up inspection 60 days after project is completed. 6. Certify to the Town the approval of completed rehabilitation activities in accordance-with Town, HUD, and N.G. Housing Finance . Agency laws and standards, including cost-certification of rehabilitation by owner-contractors. 7. Provide completed case files with all documentation of each step in the rehabilitation process to the Town of Chapel Hill upon completion of this contract. 8. Provide technical assistance to help the Town investigate and resolve any rehabilitation problems, concerns, and complaints for a period of one year after the completion of unit rehabilitation, or until the Town closes the program with HUD or the N.C. Housing Finance Agency, whichever occurs later. The Town has a goal of twelve (12) units under construction by • iii July 3, 1986. The County agrees to make its best efforts to complete the work elements under its control in a timely manner to enable the Town to achieve this goal. The County agrees to work with D. Diana Woolley, the Town's program administrator, in helping her develop a timetable for scheduling and accomplishing the workload. The County agrees to participate in weekly reviews of program performance with Town staff, and to provide summary reports documenting major steps performed with dates. • H. DUTIES OF THE TOWN The personnel of the Town's Planning Department and the Town Attorney shall be available for consultation and advice on an as-needed basis. In addition, the Town planning staff shall: 1. Meet weekly with the County to review program progress. 2. Review case files for completeness prior to the administrator's approval of the application. 3. Operate the Cash/Management system in a manner to provide checks in a timely manner. C. FEE SCHEDULE' The fee schedule for the scope of services listed above is as follows: 1. Unit Services: Orange County shall be paid for each completed unit on a per unit rate of $800/unit. This agreement covers a maximum of 15 units, for a total not to exceed $12,000. "Completed unit" means the rehabilitation work is certified as completed by the Town, Orange County, and the owner. "Unit" means a dwelling or portion thereof providing complete living facilities for one family, including permanent provisions for living, sleeping, eating, cooking; and sanitation. Certified by the Town means the house is in compliance with the Town's minimum housing code; certified by Orange County means the work is completed based on the specifications; and certified by the owner means the owner has signed a statement of satisfaction. 2. Compensation based on the terms listed in C.1 above shall be due and payable 20% upon completion of tasks listed in A.1 and A.2. The remaining 80% is payable upon completion of the tasks listed in A.3.. ' A.4, A.5, and A.6. 3. If additional units are identified as eligible for the Rental Rehabilitation program and the Town has the authority to extend its Rental Rehabilitation program, a revised Agreement for Consultant Services shall be negotiated between the County and the Town. • 11�. G. FEDERAL REQUIREMENTS 1. The Consultant shall permit the authorized representatives of the Town, the U.S. Department of Housing and Urban Development, and the Comptroller General of the United States to inspect and audit all. data, and records relating to performance under this contract until the expiration of three (3) years after final payment.. 2. The Consultant will comply with all assurances and certifications contained in subpart K of 24 CFR 570. The Consultant will comply with the requirements of OMB Circulars A-87 and A-102.. 3. In the event that the Consultant shall fail to provide satisfactory services or shall fail to render satisfactory performance, then and in that event the Town may terminate this agreement without further cause. The Town will monitor the timeliness and quality of the County's work; compliance with federal and contract requirements; and adequacy of reports. These factors shall determine whether the services provided are satisfactory. 4. The Town and the Consultant may agree to terminate this agreement at any time in whole or in part. In that event, all finished or unfinished documents and other materials shall, at the option of the Town, become its property. 5. No officer, member, or employee of the County, and no member of its governming body nor other public official of the governing body of the - locality in which work pursuant to this contract is being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the aforesaid work, shall: 1) Participate in any decision relating to this contract which af£edts his personal financial interest or the interest of any corporation, . partnership, or association in which he has, directly or indirectly, any interest; or 2) Have any.financial interest, direct or indirect, in rehabilitation contracts or rehabilitation work performed under this program. 11� STATE OF NORTH CAROLINA AMENDMENT TO COUNTY OF ORANGE AGREEMENT FOR CONSULTANT SERVICES This Amendment, made and entered into by and between the Town of Chapel Hill, herein "Town" and Orange County, herein "Consultant", for services as hereinafter described within the Town of Chapel Hill. WITNESSETH That for and in consideration of the mutual promises conditions set forth below, the Town and Consultant agree to the following amendments Exhibit A, of the Agreement for Consultant Services dated May 28, 1986: 1. A. DUTIES OF CONSULTANT Amend A.8. by inserting a new second sentence in the second. paragraph: "The Housing Finance Agency has a deadline for the Town to encumber fifty percent (50%) of its FY 1985 allocation of $75,000 ($37,500 encumbered) by September 30, 1986. " 2. C. FEE SCHEDULE Amend C.1. by deleting the second sentence in its entirety, and inserting a new second sentence: "This agreement covers a maximum of 23 units, for a total not to exceed $18,400. " This the day of September, 1986. CONSULTANT By ATTEST Title Title Corporate Seal Address Phone rte_ TOWN OF CHAPEL HILL 114 Approved as to form and authorization: Town Attorney This instrument has been preaudited in a manner required by the Local Government Budget and Fiscal Control Act. - - Finance Officer By Assistant Town Manager By _ Town Manager ATTEST Town Clerk SEAL ORANGE COUNTY 11 BOARD OF COMMISSIONERS Action Agenda Item No.r,5 ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 16, 1986 SUBJECT: CONTRACT FOR LEGAL SERVICES (1986-1987) DEPARTMENT: CHILD SUPPORT PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: JANET SPARKS X484 PROPOSED CONTRACT TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Yearly contract for continued legal representation. NEED: The Child Support Office is required by Chapter 10 NCAC 27- 0007 to contract for attorney services. IMPACT: Legal representation is necessary for specific legal functions of the Child Support Office. RECOMMENDATION(S) : As the Board decides. 11€ STATE OF NORTH CAROLINA ) CONTRACT OF EMPLOYMENT COUNTY OF ORANGE ) THIS CONTRACT made and entered into this the 1st day of July, 1986, by and between Orange County, hereinafter County, and Coleman, Bernholz, Dickerson, Bernholz, Gledhill and Hargrave hereinafter Attorneys. W I T N E S S E T H:. THAT WHEREAS, the County desires to employ 5 Attorneys as its counselors at law for the County of Orange upon the following terms: 1. This Contract shall begin July 1, 1986 and unless sooner terminated by 30 days' notice of either party shall exist and continue through June 30, 1987. 0 2. Attorneys, upon reasonable notice, are to be available for consultation, legal advice and for representation as requested by the Child Support Enforcement W 8 Agency on all legal matter arising from the duties of County 0 under Artice 9 of Chapter 110 of the North Carolina General Statutes, Title IV-D of the Social Security Act and the 8 federal regulations lawfully promulgated pursuant thereto. 3. Recognizing that from time to time representation of County by Attorneys may result in a conflict of interest for the Attorneys, it is agreed that when such a conflict arises, the Attorneys may refer cases requiring legal services to other lawyers in Orange County. 1 11 ; Such referrals shall be with the consent and approval of the County Manager. In all cases of referrals, the attorney to which the case is referred shall be compensated in the same manner as specified in paragraph 5 below, and shall keep an itemized record of work performed by County on a case-by-case basis, submitting a bill therefor showing a breakdown of services performed on a case-by-case basis as specified in paragraph 5. In the event such an attoney is awarded counsel fees by the Count in this regard, an accounting shall be made 5 to County in the same manner as provided for in paragraph 5 below. a 4. Attorneys agree to comply with all the requirements of Article 9 of Chapter 110 of the North . Carolina General Statutes, Title IV-D of the Social Security Act and the regulations promulgated pursuant thereto relating n to the performance of program legal services including, but not limited to, maintaining such records as are required by s County, to make said reports available for federal or state audit, if required, and to make financial, statistical, and 8 program progress reports as are required. 5. For their services under this contract, County agrees to pay Attorneys Forty-Five and No/100 Dollars ($45.00) per hour for each hour spent by them providing legal services under the Child Support Enforcement Program. Such hourly rate shall encompass all expenses, including but not limited to, those for salary, supplies, office space, heating 2 11 and maintenance for office space, telephone service, long- distance telephone calls, and travel. Attorneys are not to be reimubrsed for any extrordinary expense .incident to performing the services included under this agreement; except, that County agrees to pay all court costs and filing fees which are required to be paid in conjunction with services provided by the attorneys under this agreement. 6. Attorneys further agree to attend at least one regional training session on Child Support Enforcement per year conducted by the State Child Support Enforcement Agency. ? Reimbursement shall be made based upon the hourly rate but not to exceed a maximum of $200 .00 for the full two-day session or $100 for each day attended or such amount as set by the State Child Support Enforcement Agency. With the prior approval of the Orange County Child Support Enforcement Director, Attorneys may attend training functions other than those conducted by the State Child Support Enforcement a Agency. If attendance is approved , Attorneys shall be reimbursed for travel and per diem at the prevailing Orange 8 County rate. Attorneys shall not be reimubrsed at the hourly rate for attendance at any such non-State Child Support Enforcement Agency training function. IN TESTIMONY WHEREOF, said parties have executed this contract in triplicate originals, one of which is to be retained by County, one of which is to be retained by Attorneys, and one of which is to be filed with. the Child 3 Support Enforcement Section, Division of Social Services of the Department of Human Resources, Raleigh, North Carolina. COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL AND HARGRAVE B E�r�Aii, -of r D. ' le• ill *RANGE OUN Y, NORTH CAROLINA By: 5 Don Willhoit, Chairman ATTEST: m Beverly Blythe Clerk to the Board of Commissioners z This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Orange County Finance Officer 8 4 BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO Q) MEETING DATE September 16, 1986 12C SUBJECT: Changes in Fire Districts DEPARTMENT: Emergency Services PUBLIC HEARING: X YES NO ... 400.1 ATTACHMENT(S) : NO INFORMATION CONTACT: Bobby Baker PHONE NUMBERS: HILLSBOROUGH{ 732-8161 CHAPEL HILL 929-8iO9" PURPOSE: To set a date and time for a public hearing on the petition to remove a portion of the White Cross Fire District and to add this area to the South Orange Fire District. NEED: To comply with the North Carolina General Statute # 69-25.11 (Changes in area of fire district) • IMPACT: South Orange Fire Tax Revenue would be increased approximately $1,696.46 and White Cross Fire Tax Revenue would decrease approximately $1,995.83 RECOMMENDATION(S) : To set October 6, 1986, as a public hearing date 121 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No: rr ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 18, 1986 SUBJECT: ACCEPTANCE OF STATE LAND RECORDS FUNDS DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 AGREEMENT TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227 -2031 Durham - 688-7331 PURPOSE: To consider accepting North Carolina Land Records Management Program matching grant funds. NEED: On August 4, 1986 the Board approved an application requesting matching funds from the State Land Records Management Program. Recently the State announced the County has been awarded $8, 000 to be applied to phase III of the county multi-year remapping project. IMPACT: The $8, 000 required County match would be expended from the Capital Project Fund for remapping. RECOMMENDATION(S) : Accept $8, 000 grant and authorize chair to sign Land Records Management Program State and County Agreement. N Grant No. 87-33 • 12c NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT LAND RECORDS MANAGEMENT PROGRAM STATE AND COUNTY AGREEMENT THIS AGREEMENT is entered into this day of 1986 by and between the North Carolina Department of Natural Resources and Community Development (hereinafter called NRCD) and the County of Orange, a North Carolina municipal corporation, (hereinafter called the "County"). WITNESSETH WHEREAS, Section 102-15, of the North Carolina General Statutes empowers the NRCD to administer a program of technical and financial assistance for the improvement of county land records; and WHEREAS, the Land Records Management Grant Application dated July 10, 1986, prepared and submitted by the County, has been determined by NRCD to qualify the County for a grant award; and WHEREAS, the Secretary of the NRCD has awarded Land Records Management Grant No. 87-33 in the amount of $8,000 from State matching funds to the County as financial assistance for the completion of the project described in said Grant Application; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. County Engaged. The Land Records Management Program agrees to assist the County and the County agrees to perform the work and responsibilities as more fully described in the Work Program appended hereto as Attachment A and hereby made a part of this Agreement as a complete and sufficient statement of the work encompassed by the Project Description in the Land Records Management Grant Application supporting Land Records Management Grant No. 87-33. • Grant No. 87-33 12� 2. General Responsibilities of the County. The County Government shall: (a) assume positive leadership to perform and carry out in a. satisfactory and proper manner as determined by Land Records Management Program, all elements of the Work Program set forth in Attachment A; (b) engage, with the consent of Land Records Management Program, qualified contractors for all work not performed by county personnel; and (c) arrange periodic meetings of county officials, local representatives of the legal, surveying, and engineering professions and representatives of Land Records Management Program to review progress and consider such recommendations for action as may be required. 3. Provision of Funds. To assist in financing the work covered by this. Agreement, the County has been awarded a grant of State funds in the amount of $8,000. It is expressly understood that the County will match this State award with an expenditure of at least $8,000 of local tax revenues applied exclusively to the work covered by this Agreement. 4. Obligation of Grant Funds. Grant funds may not be obligated prior to the effective date or subsequent to the termination date of this Agreement. All obligations outstanding as of the termination date shall be liquidated within one year after the date specified unless. otherwise extended by the State of North Carolina in writing. Such obligations must be related to goods or services provided and utilized within the effective period of this Agreement. The effective period of this Agreement is January 1, 1985 - June 30, 1988. 5. Changes or Extension of Document. The County or the Land Records Management Program may, from time to time determine that changes in the scope of work described in Attachment A will be necessary. Such changes affecting the nature of the work as well as the timing, methodology, and any increase or decrease in the amount of compensation due to the County shall be incorporated in written amendments to the contract which shall be mutually agreeable to the parties hereto and such agreement shall be endorsed thereon by authorized signatures. 2 Grant No. 87-33 124 6. Termination of Agreement for Convenience. Either the Land Records Management Program or the County may terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. - 7. Termination of Agreement for Cause. If through any cause the County shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the County shall violate any of the covenants or stipulations of this Agreement, the Land Records Management Program shall thereupon have the right to terminate this Agreement by giving written notice to the County of such termination and specifying the effective date thereof. Upon the County's receipt of such notification all work shall immediately cease and no further expenditures shall be claimed against this Agreement except for work already performed. 8. Equal Employment Opportunity. The County and any contractor covered by this Agreement shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin and shall take affirmative action to ensure equal opportunity in its employment practices. The County and any contractor shall state in its advertisements for employees that all qualified applications shall receive consideration for employment without regard to race, color, religion, sex or national origin. 9. Interest of Land Records Management Program Members and Others. No employee of the Land Records Management Program, and no member of its governing body, and no other public official of the governing body of the community in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall (a) participate in any decision relating to this Agreement which affects his or her personal interest or the interests of any corporation, partnership, or association in which he or she is directly 3 Grant No. 87-33 12E or indirectly involved; or (b) have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 10. Access to Records. At any time during normal business hours and as often as the Land Records Management Program or the Department of State Auditor may deem necessary, the County shall make available to the Land Records Management Program or representatives of the Department of State Auditor for examination all of its records with respect to all matters covered by this Agreement and shall permit these agencies to audit, examine and make excerpts of transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment,and other data relating to all matters covered by this Agreement. 11. Retention of Records. The County shall retain all financial. records, supporting documents, and other pertinent records related to expenditures against the grant received for a period of three years following the termination date of this Agreement. In. the event such records are audited, all records shall be retained beyond the three-year period until audit findings have been resolved. 12. Audit Requirements. The County shall be responsible for an audit of the work performed under this Agreement with copies made available to Land Records Management Program upon request. The audit may be performed as part of the county's annual audit. 13. Periodic Reporting Requirements. The County shall prepare and submit to the Land Records Management Program quarterly progress reports, due in the Land Records Management Program no later than 10 days after the end of the quarter. Requisition for payment, according to the schedule established by this Agreement, shall be subject to authorization by the Land Records Management Program upon the basis of progress reports evidencing the satisfactory and timely completion of the work shown in Attachment A. 4 Grant No. 87-33 12� 14. Compensation. The NRCD shall pay to the County an amount not to exceed $8,000 for the services identified in Attachment A upon the conditions set forth in Paragraph 16 hereto. 15. Indemnification. Notwithstanding any provisions of this Agreement, it is expressly agreed that: The County shall indemnify and save harmless the State of North Carolina and its employees, from and against any and all claims, demands, suits, judgments, settlements, etc. , for sums of money for and on account of personal injuries, property damage, invasion of real property, or loss of life or property of any persons whether in contract or tort, as. in any way connected with the performance of the project covered by this Agreement. Further, the County expressly releases the State of North Carolina from any liability or any losses or damages suffered by the County, directly or indirectly, from or in any way connected with the performance of this Agreement. 16. Method of Payment. Upon determination by the Land Records Management Program that the services identified in Attachment A have been satisfactorily completed, and Land Records Management Program shall notify the NRCD to pay the amount set forth in Paragraph 14. Such sum shall be paid in every case subject to receipt of a signed requisition for payment in connection with quarterly progress reports required under Paragraph 13. County shall be paid in a lump sum or as progress payments by the NRCD. If all work specified for completion is not completed, payment shall be made on the basis of the percentage of work completed. Lump sum payments will be made only upon completion of all work and approval of the Land Records Management Program. 17. Designation and Employment of Contractor. To carry out the Work Program, Attachment A, of this Agreement, the County may utilize the services of its in-house staff or it may contract for the services 5 Grant No. 87-33 12's to be performed therein with a private business or public agency. Prior to the execution of a contract, or the use of its in-house staff, the County shall provide the Land Records Management Program: (A) A resume of the Contractor for the project. (B) A copy of the proposed contract between the County and the Contractor. (C) A work plan or schedule showing when the Deliverable Items covered by the contract are to be completed, as well as the cost for each Deliverable Item. The County shall then receive written notice as to whether (a) the standards established by the Land Records Management Program are satisfied, and (b) the contract meets the requirements of this Agreement. 18. Availability of Finds. It is understood and agreed between the Contractor and the Agency that the payment of compensation specified in this agreement, its continuation or any renewal or extension thereof, is dependent upon and subject to the allocation and appropriation of funds to the Agency for the purposes set forth in this agreement. 6 Grant No. 87-33 12 "ATTACHMENT A" WORK PROGRAM FOR COUNTY OF ORANGE This Work Program is incorporated by reference hereto in the attached Agreement between North Carolina Department of NRCD and the above County and is made a part thereof. The grant award, which is subject of said Agreement, is being made contingent upon the performance of the following work: The County will prepare maps in conformance with the North Carolina "Technical Specifications for Base and Cadastral Maps," implement the PIN system and automate its offices. 7 Grant No. 87-33 12 IN WITNESS WHEREOF, the NRCD 'and the County have executed this Agreement as of the first date written. ATTEST: DEPARTMENT OF NATURAL RESOURCES AND C.OHHUNTI'YDEVELOPIWsNT BY BY S. THOMAS RHODES TITLE Secretary of Natural Resources and Community Development ATTEST: ORANGE COUNTY BY BY Chairman of the Board of County TITLE. Commissioners 8 O R A N G E C O U N T Y BOARD OF COMMISSIONERS 13e ACTION AGENDA ITEM ABSTRACT Meeting Date September 16 . 1986 Actin ends Item SUBJECT: REQUEST FOR AUTHORIZATION TO INITIATE LEGAL PROCEEDINGS DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact: JANE GARRETT Location Map Ordinance Excerpts Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider a request to authorize the County Attorney to initiate legal proceedings for a zoning violation on property owned by Central Carolina Bank & Trust Company Trustees Et Al of Durham, N.C. NEED: Administrative procedures to address this zoning violation have been exhausted. Staff is requesting that legal proceedings be initiated to bring the use into compliance with the Orange. County Zoning Ordinance. The violation is as follows: Central Carolina Ban & Trust Company Trustees Et Al AKA Carolina Art Sport Center CHAPEL HILL TOWNSHIP TAX MAP 24 LOT 16 CCB entered into a contract with Benjamin Edkins for use of a building located on the property referenced as a "barn" on building permit #761748 (See enclosed information) . Edkins proceeded to operate the building as a gymnastic center known as Carolina Art Sport Center without a zoning permit. The property is zoned Rural Residential (R-1) _ Use of the property for a gymnastic center is not permitted in a R-1 district. CCB was notified of the zoning violation on October 29. 1985 and December 11, 1985 in writing. CCB was verbally notified on December 13. 1985. CCB was notified in writing again on Janu- ary 15. 1986 and verbally on that date to Jack Walker. Attor- ney. representing CCB. John McCormick. Attorneys representing Edkins, was then notified verbally on January 22, 1986. McCor- mick and Walker were informed of the violation and remedies available to them on those dates. Edkins was similarly in- formed on January 28. 1986 . The gymnastics center is still in operation, consistently 131 soliciting contracts with the public. IMPACT: Article 23 VIQLAT1ONS, PENALTIES AND REMEDIES of the Orange County Zoning Ordinance provides that "whenever . . . the performance of any act is rohibited or whenever any regulation, dimension or limitation is imposed on the use of any land, or on the erection or alteration or the use or change of use of a structure, or the uses within such structure, a failure to comply with such provisions of this ordinance shall constitute a separate violation and a separate offense." The Ordinance further provides for remedies exercised by the Zoning Officer to address the violations.. The administrative procedures followed in determining if a violation has occurred are as follows: 1. receipt of complaint or identification of violation by staff; 2. investigation of violation by Zoning Officer, including preparation of violation file and photographs, where feasible; 3 . notification of property owner of potential violation, including citation of ordinance and request-to discuss. matter with Zoning Officer (sometimes consecutive with issuance of STOP WORK ORDER) ; 4. second notice of violation; 5. if property owner brings violation into compliance, file is closed; if violation continues, advice of County Attor- ney is sought. Administrative procedures for this violation have been ex- hausted. CCB has continued its contract with Edkins and Edkins has continued to operate in disregard of the Zoning Ordinance in operating the gymnastic center. - Authorizing the County Attorney to pursue legal action would substantially remedy the violation and would clearly put those in violation on notice of the intent of the County to pursue remedies to correct zoning violations.. RECOMMENDATION: Authorize the County Attorney to pursue legal action. \ ) - , ` 3271 ft(17A -16&.74 AC. Q Sl - ,j I cc i /1/I I .,c, E r1 . 6:\ \-t-' `i7 • I, � IT 1/r,7� A 34 AC. CAS. *\...s iLi1r 9469 z-*;- ..j e spa i i is/ 4:), .. 6 14 1 isi;\ • kg r Oo62 , 1,*-. , ! 17J .9fiAC z .-. 9B9? �J Q. . ,.. . CD , 6 PROPS OP al�lS \\ . . 174 kC T" 0 ca SPt r a �...., / "CARDUMA =1 _ . 7329 ?L. A 8 �� 44.5 AC. r 1 I' - 1. , 874 71I �,rr. 8331 9 8693 - _______.. -. i4 '?-3s • 5 AC_, �e 30• 4 43 AC. 3580 •t,,::-.41.,. 0 , - • 7.57 AC 5 AC: F }iCHlESTE .0,-. a . i I c ': a _ 4489 X417•. walk 1~ - 543t 15a1 SAD: �; t �� �. 'SI i4• = 612,1777 ,e Ct LISA* ,^ /289.1 it �ty33�.5 130 �- �� �� 5AC1 . ;` _+ l Ilsa 43 1 SIC$� T 43C ,,m"� I:- 4` , R '4D 1 ;5.75 AC i a.--. '*`� 6.35 1 6.$''4 1- 1 CAL z �` #,2718 I ' 6981 X42- . ,a L___ 34 AC.to - 5 255AC 1 i— r ~ +g • 7541 { - ( � 8521• , \aS 152AG• .Oa65 - --I 1 4A � =.'.-7,1 \ 15.943 AC. a i 1 • .<< . 13' c . . ' Nif ARIR1IR2IR3IR4IRSIRSIR l31rct1NC2rcc3Icc41VC-SIOt,ST LIII2)I3;A5)E+rprr 534 Recreational Facilities 11I I I! !1{ 11f I E! et! t� ' . (Non-Profit) BI 31 3 3i B 3 31 3 et 8t Hi 81 31 3 31 3 ! 3 535 Recreational Facilities . I I ` I 11 # it 11 (Profit/Non profit): ( I I i 1 - e c Golf Club nod Golf Club I 1 I I - tt Countryalub *1 *i • * *1 1r1 *1 *I A ri it *t •r r1 *.. s1 p i API 536 Recreational Facilities {1 1 I f I l j i i g i f 5 F• E ) (Profit): 1 � . 1 I i !, , 1.1 i *0 ! t: • r i` �. . t r 537 Repair Service I { 1i I 1 i ; ` - e Hance ! I I I I i � + *1 s 1 1! 1 I Electronic s Ann 1 _ 1_ I S38 Research Facility I I I ` *i *I *I I ` i + y * I11LiII1I I1 1 lIi1 ICI 539 Restaurants: Carry Out ! I * s e * r I ! f I . 540 Restaurants: Drive To I I i 1 i 1 wI *I *1 ( F ! 1 i I ! • 541 Resta • I urants: General • i I I I I i •*I s; *f .1 r c I i i I I I I t ! i If i ; - 1 542 Retail Trade, Sales, i I I ; ! . t i I Rental of Convenience III ; i ' I ; e l Goods. Merchandise & I ! II I E • i ! !i t ' . ° i Equipment Where No ! j I I. I I r i . I 1 1 (LI)' I f I Adverse 2mpacts Occur I I I t i I I t 1 1 t I i Beyond L-amediate Space i 1 I t• I I 1 f • 1 - i Occupied By The Build.ng i 1 I i 1 I *1 *1 * *• .L ! ■ ' r 1 '- !A) Operations Are 11 I I I - c Designed To Attract ; _ : ! , .. ! i Serve Few Customers I ! 1 1 i I i E I a e # . Or Clients On :'remises I i I 1 t 1 I 1 1 e ; 1 t : Other Than Employees i i , { p t E i ! = f Of The Principle Us.. 1 I 1 I [� Ii ' i 1 1 • F = c -• 3) Low Volume Traffic i 1 i 1 I t I • = i [�! . Generation ()-200 :rips t . t I I 1 - - t itii /DaY) I I I ! t ! 1 st. s i. : : . I ji • e F ■ C) All Operations ! I , I Entirely Within A 1 I I I I i i e I.! i 1 F i y : . 1 i Fully Enclosed Building• ! ( # = . 1 9ii,:h No Outside Storage I I I ! I ( ■ ` " I. F 1 i f t s : r _ 'Ail 1211Rx1a231P-41s2.5i.R5S1R13Ir..•i.tC21031GC41=-51CI: r?tY2:I3iA.5im!2rD pERA-riED (ALE 4-17 . ) - . _ j . - ' ' ' . . . . . �F. 134 Recreation rise, Yon-Prof-?t An indoor or outdoor recreation use awned by a not-for-profit corporation, according to the laws of North Carolina. Recreation rise, Profit An indoor or outdoor recreation use owned by an- entity other than a not-for-profit corporation. Recreation Snaca Ratio Recreation space ratio is the minimum. square footage of open space in residential areas, suitable • by lacaiton, size, shape, access and improvements, required for each square foot of floor area. This area is a public or nrivata exterior area improved .for recreation of all residents, having aUeast dimension of fifty feet, and average dimension of one hundred- feet and a minimma area of tan thousand • • square feet. Recreation Vehicle A self-propelled or towed vehicle, qualified to be licensed by the appropriate State Agency, designed to provide short teat recreational living accosmodatiorts.. These vehicles are distinguished from mobile homes, dwelling units and temporary boil dings. Rehabilitative Care Facility A facility licoased by the appropriate state agency, as a group care facility for individuals who are handicapped, aged disabled, youthful offenders, addicted to alcohol or drugs...requ•V;^g - 1. professional- health care, adult supervision, or rehabilitation. • 22-26 BUILDING PERMIT COUNTY OF ORANGE, NORTH CAROLINA STREET PERMIT # PROPOSED USE ZONE DATE ��r�- Z TOWNSHIP OUTSIDE DIMENSIONS64,,K�� NO. STORIES / LOT PARCEL BLOCK TAX MAP NO. ROOMS BASEMENT CARPORT SUBDIVISION SECTION # GARAGE NO. BATHS AIR COLD. OWNERI��i�, '/� /�C 6�� AREA FLOOR SPACE TYPE CONSTRUCTION ADDRESS eeX �� �/,j-l�� E"�T� LOT SIZE BUILDER ���L,� SETBACKS: FRONT /�d0 RIGHT SIDE �'0 ADDRESS LEFT SIDE 4 REAR /Gam CORNER LOT ELECTRICAL CONTRACTOR 450� c6,1(ro ,�,�* * * * * * * * PLUMBING CONTRACTOR Z) ACCESSORY BUILDING TYPE CONST. HEATING-A/C CONTRACTOR TYPE LOCATION SIZE HEIGHT ARCHITECT OR ENGINEER PROPOSED USE WIRED BUILDING INSPECTOR MUST BE CALLED FOR: ADDITIONAL REQUIREMENTS, CHANGES, REMARKS I . FOOTING INSPECTION: BEFORE ANY CONCRETE IS POURED, 2. FRAMING: BEFORE ANY WALLS OR CEILINGS ARE-COVERED. 3. FINAL: WHEN DOORS ARE HUNG AND BUILDING COMPLETED. oc MORNING INSPECTIONS: CALL BEFORE 9:00 A.M. COST OF CON STRUCTIO D ©C U FE AFTERNOON INSPECTIONS: CALL BEFORE 1 :00 P.M. THIS PERMIT IS APPROVED SUBJECT TO: THE ORANGE COUNTY ZONING PAID BY: CHECK GASH } CHARGE } ORDINANCE, THE ORANGE COUNTY SUBDIVISION ORDINANCE, THE N.C. LIST. ANY OTHER INFORMATION NECESSARY. BELOW STATE BUILDING CODE, THE N.C. UNIFORM RESIDENTIAL BUILDING, CODE, THE N.C. BUILDING CODE VOLUME II PLUMBING, AND THE NATIONAL E ICAL CO s PLAC D MUST B DISP AYE D ONS U T ON, UNT L COMPLETE AN VISIBL RDA THIS PERMIT ISSUED BY: - _ BUILDING IN PE .OR ''�-' CJRANGE COUNTY APPLICATION FOR ZONING PERMIT AND CERTIFICATE. OF OCCUPANCY* 1 3 t Zone ,Permit No. ,Board of Adjustment Case No.. Application is made to a structure .and/or premises (occupy, use, erect, alter, repair, remove, excavate) located at /—e - to be used for Agent: Owner: Builder: Address: t3a-i /69 / y Address: City: 24.:E/7 City: Estimated cost of work for which application is being made, A sketch of the proposed lot plan (plat) in duplicate shall be attached and made a part of this application. The sketch shall be drawn to a suitable scale and shall show accurate dimensions and location of each structure to be erected, installed, or altered. Front, rear, and side yard dimensions, and location of water and sewer facilities shall also be accurately shown. MAIN STRUCTURE INFORMATION Type of Use: Residential • Commercial Industrial Dimension of Lot Front Yard Dimensions: (d - Side Yard Dimensions Right: 3d Left: 6C� - Rear Yard Dimension: /40 -0° No. of Accessory Building: No. of Dwelling Units: ACCESSORY BUILDING INFORMATION Description (including use), O V% Setback from rear lot line Setback from..side lot line. tzr Dimensions a - x Zoning Permit Approved: Certificate of Occupancy Approved: P_`gyA 5( 19 76 19 Cote-41. Cesee..o.vt.4-4 irt Zoning Officer Zoning Officer _ O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 16 , 1986 Action Agenda Item #ar:IT SUBJECT: JOINT PUBLIC HEARING - TOWN OF CHAPEL HILL ********************, ****************************************************** DEPARTMENT: PLANNING PUBLIC HEARING: Yes X No *************************************************************************** ATTACHMENTS: Letter from CONTACT: Marvin Collins Chapel Hill Planning Director; Town Council TELEPHONE NUMBERS: Resolution Hillsborough 732-8181 Chapel Hill 967-9251 Durham 688-7331 Mebane 227-2031 *******************ik******************************************************sir PURPOSE: To consider scheduling a joint public hearing on October 13 , 1986 with the Chapel Hill Town Council. NEED: The regularly scheduled joint public hearing date with the Town of Chapel Hill was September 9, 1986. The meeting was cancelled due to schedule conflicts. Only one project was to be presented at the September 9 hearing - Eubanks Road Townhouses. The project was presented at public hearing . on March 11, 1986 but postponed pending adoption of the Joint Planning Area Land Use Plan. The Chapel Hill Town Council adopted a resolution recommending a joint hearing on October 13. 1986 . The hearing would be held in the Chapel Sill Municipal Building at 7:30 pm and would coincide with a regular meeting of the Council. Alternate dates recommended, in order of priority, are October 22 and October 27 . IMPACT: Conducting a joint public hearing with the Chapel Hill Town Council would expedite the processing of the Eubanks Road Townhouse project and would eliminate a three month delay until the next regular hearing date - December 9. A joint meeting with the Town Council would also offer another opportunity - joint approval of the Joint Planning Area Land Use Plan and Text. 13k RECOMMENDATION: Recommend that the Board of Commissioners conduct a joint public hearing with the Town Council on October 13 . 1986 at 7:30 pm in the Municipal Building Meeting Room. • 13E TOWN OF CHAPEL HILL -to_ 306 NORTH COLUMBIA STREET [ . CHAPEL HILL,NORTH CAROLINA 27514-3699 �� Telephone (9ln 968-2700 September 9, 1986 Mr. Marvin Collins Orange County Planning Director 106 E. Margret Lane Hillsborough, NC 27278 • Dear Marvin: On September 8, the Chapel Hill Town Council adopted a resolution to re- schedule the September 9 Joint Public Hearing. I enclosed a copy of the memorandum that went to the Council. Please bring this to the attention of the Board of Commissioners, and advise me of their preferred date. Thanks. Roger S. Waldon Planning Director. Attachment RSW/gp • 14C AGENDA #7 MEMORANDUM TO: Mayor and Council FROM: David R. Taylor, Town Manager SUBJECT: Rescheduling a Joint Public Hearing DATE: September 8, 1986 The attached resolution would set a date for a Joint Public Hearing. Orange County has requested that the Joint Public Hearing that was scheduled for September 9 be rescheduled. There is only one item in the process of Joint Planning review awaiting Public Hearing: the Eubanks Road Townhouses proposal. This was considered at a Joint Public Hearing in the spring; further consideration was deferred until a Land Use Plan for the Joint Planning Area could be adopted. The Orange County Attorney has determined that now that a plan has been adopted, the Public Hearing must be re-opened for the plan to be considered as evidence. Orange County has suggested that this hearing could be scheduled for a date when one of the two bodies is already meeting in regular session. The plan for Eubanks Road Townhouses has not changed; the discussion at the hearing would be focused on a review of the proposal, review of the comments made at the last public hearing, and the relationship of this proposal to the new Land Use Plan. Dates of Town Council meetings are as follows: October 13: Chapel Hill Town Council Regular Meeting October 22: Chapel Hill Town Council Public Hearings October 27:. Chapel Hill Town Council Regular Meeting Other open dates on the County Commissioners' schedule are October 8 and October 14. Recommendation We recommend that the Council schedule this hearing on October 13, to be added to the regular agenda for that meeting. The hearing would take place in the Municipal Building Meeting Room, (( ver) 141 with the County Commissioners and the County Planning Board as formal participants. Adoption of the attached resolution would do so. A RESOLUTION SCHEDULING A JOINT PUBLIC HEARING (86-9-8/R-4) BE IT RESOLVED by tho Council of the Town of Chapel Hill that a Joint Public Hearing be scheduled with Orange County, such hearing to consider development proposals in the Joint Planning Area. BE IT FURTHER RESOLVED that this hearing be scheduled for 7:30 pm on October 13, 1986, in the Meeting Room of the Chapel Hill Municipal Building. BE IT FURTHER RESOLVED that, if Orange County's schedule of meetings precludes a Joint Public Hearing on October 13, that the hearing be set for one of the following dates: 2nd choice - October 22 3rd choice - October 27 This the 8th day of September, 1986. ORANGE COUNTY 10- BOARD OF COMMISSIONERS ACTION A A ACTION AGENDA ITEM ABSTRACT ITEM NO. � MEETING DATE SEPTEMBER 16, 1986 SUBJECT: Contract Approval; Plumbing section of Revere Road County Annex Renovation Project *********************************************************************** DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES X NO ********************************************************************T***** ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES Contract (draft) EXT 497 PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 DURHAM 688-7331 ************************************************************************** PURPOSE: To consider approving a contract for plumbing work associated with the renovation of the Revere Road County Annex. NEED: This contract was tabled from the July 23 Commissioners meeting from lack of sufficient bonding by the Bidder. Since that time the County Attorney has researched the issue and ascertained that even though Process Plumbing cannot be boned by a Surety Company, the County can accept certain alternate forms of surety. In this case, we are in receipt of a certified check from the Bidder for 100% of the contract amount which will be accepted in lieu of the Performance Bond and an agreement has been struck with the Bidder and incorporated in the contract document to withhold all progress payments until completion, final inspection and acceptance by the County of the work in lieu of the Payment Bond. (See "Form of Construction Contract; attached, sections 4, 5 and 6. ) IMPACT: The project can move forward. RECOMMENDATION: Approve the contract as written with bonding modifications to Process Plumbing and Piping Co. , Inc . , Raleigh, N.C. , "for a sum of $15,900; and to authorize the Chair to sign on behalf of the Board of County Commissioners. DR ! FT SECTION 0021 FORM OF CONSTRUCTION CONTRACT 14 (ALL PRIME CONTRACTS) r THIS AGREEMENT, made the 19th day of August in the year of 1986 by and between Process Plubming and Piping, Inc. , P.O. Box 25188, Raleigh, North Carolina, hereinafter called the Party of the First Part and the. Orange County Board of Commissioners; through the Orange County Manager's office hereinafter called the Party of the Second Part. WITNESSETH: That the Party of the First Part and the Party of the Second Part for the consideration herein named agree as follows: 1. Scope of Work: The Party of the First Part shall furnish and deliver all the materials, and perform all of the work in the manner and form as provided by the following enumerated plans, specifications and documents, which are attached hereto and made a part thereof as if fully contained herein: Advertisement, Instructions to Bidders, General Conditions, Supplementary General Conditions, Specifications, Accepted Proposal, Contract, Performance Bond, Payment Bond, Power of Attorney, Workmen's Compensation, Public Liability, Property Damage and Builder's Risk Insurance Certificates, !; and Drawings, entitled: Carr Building Renovation Consisting of the following sheets: A1.1, A2.1, - A2,2, A3.1, A4.1, A5.1, Ml, Pl, SW1, SW3, SW4, SW5 Dated: and the following addenda: Addendum No. _1_ Dated 6-19-86 Addendum No. Dated Addendum No. Dated Addendum No. Dated _ Addendum No. Dated _ Addendum No. _ Dated Addendum No. Dated Addendum No. Dated 2. That the Party of the First Part shall commence work to be performed under this Agreement on a date to be specified in a written order of the Party of the Second Part and shall fully complete all work hereunder within 180 (One Hundred Eighty) consecutive calendar days from said date.. For each day in excess thereof, liquidated damages shall be as stated in Supplementary General Conditions. The Party of the First Part, as one of the consider- ations for awarding of this Contract, has furnished to the Party of the Second Part a construction schedule setting forth planned progress of the building broken down by the various divisions or part of the work and by calendar days. In the event that the progress of the work is not maintained on schedule by the Party of the First Part, or in the event the work is not completed within the time above specified, the Party of the 144 Second Part may upon fifteen (15) days notice, sent by Registered Mail, to the Party of the First Part " declare this Contract in default, and, thereupon, the Party of the Second Part shall have the right to let the work remaining to be done to some other Contractor, either by . public letting or negotiation, and thereupon the Party of the First Part, the Contractor, shall forthwith pay the Party of the Second Part all increase in cost or loss and damage which it may sustain cm account of such default on the part of the Party of the First Part. 3. The Party of the Second Party hereby agrees to pay to the Party of the First Part for the faithful performance of this Agreement, subject to additions. and deductions as provided in the specifications or proposal, in lawful money of the United States as follows: Fifteen thousand nine hundred dollars ($15,900.00) . Summary of Contract Award: 4. It is mutually agreed that the Party of the Second Part will accept from the Party of the First Part a certified checkor 100% of the contract amount in lieu of performance bonding. Said check to be deposited in a bank account of the second Party and returned to the First Party with interest, upon completion, final inspection and acceptance of the completed project by the Second Party. Interest, to be paid at a rate equal to the monthly average paid on county funds in their time-open account. It is further agreed that in lieu of a payment bond issued on behalf of the First Party, all progress payments due to the First Party will be held in a bank account of the Second Party until completion, final inspection and acceptance of work by the Second Party. 5. Upon submission by the First Party of evidence satisfactory to the Second Party that all payrolls, material bills and other costs incurred by the First Party in connection with the construction of the work has been paid in full , payment on account of this agreement shall be made within thirty (30) days after the completion by the First Party of all work covered by this Agreement and the acceptance of such work by the Second Party. 6. It is further mutually agreed between the parties hereto that if at any time after the execution of this Agreement the Second Party shall deem for any reason, that Bonds or instruments submitted in lieu of said bonds, ceases to be adequate to cover the performance of the work, the First Party shall, at its expense, within five (5) days after the receipt of notice from the Second Party so to do, furnish an additional Bond or certified check in 1 e such form and amount, and with such Surety or Sureties as shall be satisfactoryto the Second " Party. In such event no further payment to the First Party shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Second Party. 7. The bonding and payment terms set forthin this Agreement supersede bonding and payment requirements as stipulated in the specifications. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and date first above written in counterparts, each of which shall without proof or accounting for -other counterparts, be deemed an original Contract. - Witness: Contractor: (Trade or Corporate Name) BY: (Proprietorship or Partnership) Attest: (Corporation) Title: (Owner, Partner, or Corp. Pres. or - Vice Pres. only) By: Title: (Corp. Sec. or Ass't. Sec. only) (CORPORATE SEAL) ORANGE COUNTY BOARD OF COMMISSIONERS Witness: By: Title: 146 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.r" ACTION AGENDA ITEM ABSTRACT Meeting Date: SEPTEMBER 16, 1986 SUBJECT: EFLAND SEWER EASEMENTS DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 TELEPHONE NUMBER: NONE Hillsborough - 732-8181 Chapel Hill -- 968-4501 Mebane -- 227-2031 Durham - 688-7331 PURPOSE: To consider authorizing the County Attorney to begin condemna- tion proceedings to secure sewer easements for the Efland Sewer Projects. NEED: On May 3, 1985 Hazen and Sawyer, engineers for the project, submitted a revised preliminary sewer improvement report out- lining several construction options and a comprehensive finan- cial analysis of construction costs. After detailed discus- sions, a construction option was selected which would serve 150 customers including Efland-Cheeks School (Base Bid/Alter- nate A and C) . Subsequently, the Board, on September 30, 1985 adopted a resolution authorizing the financing of this option. To construct the sewer system Hazen and Sawyer identified sixty-three parcels over which the sewer line must be installed. Twenty feet wide permanent easements and forty feet wide construction easements are required for installation and operation of the sewer system. All sixty- three property owners have been contacted, however, five properties are estate properties with heirs located throughout the country while the remaining property owners (twnety five) have declined to sign sewer easements. Pursuant to North Carolina General Statutes Section 40A-3 (b) , Orange County is a "Local Public Condemnor" and may acquire by purchase, gift or condemnation any property, either inside or outside its boundaries for the purpose of establishing, extending, enlarging or improving any of the public enter- prises listed in North Carolina General Statutes Section 153A- 14� 274 . N. C. General Statute Section 153A-274 (2) lists sewage collection and disposal systems of all types among public enterprises. The procedures the County must follow in order to condemn property for a sewage collection and disposal system are con- tained in Article 3 of Chapter 40A. Those rules are as follows: 1. Not less than 30 days prior to the filing of a complaint seeking condemnation the County must provide notice to each owner (whose name and address can be ascertained by reasonable diligence) of its intent to institute an action to condemn property. The notice shall be sent to each owner by certified mail, return receipt requested. The providing of notice shall be complete upon deposit of the notice enclosed in a postpaid, properly addressed wrapper in a post office or official depository under the exclu- sive care and custody of the United States Postal Service. Notice by publication is not required. Notice to an owner whose name and/or address cannot be ascertained by reason- able diligence is not required in any manner. The notice must contain a general description of the property to be taken and of the amount estimated by the County to be just compensation for the property to be condemned. The notice shall also state the purpose for which the property is being condemned and the date Orange County intends to file the complaint. 2 . At the end of the 30 days provided for above, the County must institute a civil action to condemn the property by filing in the Orange County Superior Court a complaint containing a declaration of taking declaring that the property described in the complaint is thereby taken for the use of Orange County. There are other specific pieces of information which must be contained in the complaint. 3 . The filing of the complaint must be accompanied by a deposit to the use of the owner of the property being condemned of the sum of money estimated by Orange County to be just compensation for the taking. This requirement and the "notice of the amount of damages" requirement contained in the 30 day notice discussed above requires an i appraisal by Orange County of the damage to the owner of the property as a result of the condemnation. 4 . North Carolina General Statutes Section 40A-42 (a) provides that when a county is acquiring property by condemnation for a sewage collection and disposal system, title to the property and the right to immediate possession shall vest in the condemnor (Orange County) upon the filing of the complaint and the making of the deposit, unless an action for injunctive relief has been initiated prior thereto by the property owner. 14t IMPACT: After the condemnation actions and deposits are filed, the County will be able to proceed with the sewer project con- struction. RECOMMENDATION(S) : Authorize County Attorney to begin condemnation proceedings to secure easements for the Efland Sewer Project. • I� Form B-C-798 NORTH CAROLINA DEPARTMENT OF REVENUE (Rev. 7-85) LICENSE AND EXCISE TAX DIVISION -- ALCOHOLIC BEVERAGES TAX UNIT QUESTIONNAIRE SUBJECT: BEER, UN FORTIFIED WINE, AND FORTIFIED PLEASE CHECK THE QUESTIONS A ' wERS GIVEN BELOW, WINE EXCISE TAX DISTRIBUTION MAKE ANY NECESSARY C •RRELT10N5,SIGN, AND MAIL TO: N:C.D£PARTMENT OF REVENUE PERIOD: OCTOBER 1, 1985 TO "LICENSE AND EXCISE TAX DIVISION SEPTEMBER 30,1986, INCL. P.O. BOX 25000 RALEIGH,N. C. 27640 COUNTY _ Orange -OFFICE TELEPHONE 732-8181 MAILING ADDRESS . THE DISTRIBUTABLE SHARE OF BEER AND/OR WINE (UNFORTIFIED AND/OR FORTIFIED) EXCISE TAX TO EACH.COUNTY AND MUNICIPALITV WHEREIN SUCH BEVERAGE MAY BE LICENSED TO BE SOLD AT RETAIL SHALL BE DETERMINED UPON THE BASIS OF POPULATION THERE! ACCORDING TO THE MOST RECENT ANNUAL ESTIMATES OF POPULATION AS CERTIFIED TO THE SECRETARY OF REVENUE BY THE STAT BUDGET OFFICER. I. (a) Beer may be licensed to be sold at retail within the above rural County. a, (-b) The defined areas, if any, within which your board of commissioners would not issue licenses for the sale of beer at retail are to be listed below. DESCRIPTION OF LOCATION AREA LAW TOTAL DEFINED AREAS _ II. (a) Unfortified Wine may be licensed to be sold at retail within the above rural County. (b) The defined areas, if any, within which your board of commissioners would not issue Iicenses for the sale of unfortified wine at retail are to be listed below. DESCRIPTION OF LOCATION AREA LAW TOTAL DEFINED AREAS I I I. (a) Fortified Wine may be licensed to be sold at retail within the above rural County under the provisions of :.S. 1. 1I-602,(c)(1)in that the operation of alcoholic beverage control stores county-wide is authorized b.• law. (b) The defined areas, if any, within which your board of commissioners would nor issue Iicenses for the sale of fortified wine at retail are to be listed below. DESCRIPTION OF LOCATION AREA LAW TOTAL DEFINED AREAS IV. The following are the incorporated cities in the above county. An asterisk (*) beside a city indicates that, although. incorporated, such city is NOT ACTIVE as defined by G. S. 153A-1(1). Please verify this information and make necessary corrections. If any municipal corporation listed has been dissolved or did nor conduct the most recent election required by its charter or the general law, whichever is applicable, for the purpose of electing municipal officials, please explain below. CITY CITY CITY Carrboro . - Chapel Hill - Hillsborough -._. emmm STATE OF NORTH CAROLINA CONTRACT OF EMPLOYMENT COUNTY OF ORANGE ) THIS CONTRACT made and entered into this the 1st day of July, 1986, by and between Orange County, hereinafter County, and Coleman, Bernholz, Dickerson, Bernholz, Gledhill and Hargrave hereinafter Attorneys. W I T N E S S E T H: THAT WHEREAS, the County desires to employ Attorneys as its counselors at law for the County of Orange oupon the following terms: 1. This Contract shall begin July 1 , 1986 and unless sooner terminated by 30 days ' notice of either party A shall exist and continue through June 30, 1987 . 0 2. Attorneys, upon reasonable notice, are to be 0 available for consultation, legal advice and for representation as requested by the Child Support Enforcement oAgency on all legal matter arising from the duties of County under Artice 9 of Chapter 110 of the North Carolina General 8 Statutes, Title IV-D of the Social Security Act and the federal regulations lawfully promulgated pursuant thereto. 3. Recognizing that from time to time representation of County by Attorneys may result in a conflict of interest for the Attorneys, it is agreed that when such a conflict arises, the Attorneys may refer cases requiring legal services to other lawyers in Orange County. 1 Such referrals shall be with the consent and approval of the County Manager. In all cases of referrals, the attorney to which the case is referred shall be compensated in the same manner as specified in paragraph 5 below, and shall keep an itemized record of work performed by County on a case-by-case basis, submitting a bill therefor showing a breakdown of services performed on a case-by-case basis as specified in paragraph 5. In the event such an attoney is awarded counsel fees by the Count in this regard, an accounting shall be made 5 to County in the same manner as provided for in paragraph 5 0 below. a 4. Attorneys agree to comply with all the requirements of Article 9 of Chapter 110 of the North Carolina General Statutes, Title IV-D of the Social Security 0 U o Act and the regulations promulgated pursuant thereto relating to the performance of program legal services including, but not limited to, maintaining such records as are required by s County, to make said reports available for federal or state audit, if required, and to make financial, statistical, and 8 program progress reports as are required. 5. For their services under this contract, County agrees to pay Attorneys Forty-Five and No/100 Dollars ($45.00) per hour for each hour spent by them providing legal services under the Child Support Enforcement Program. Such hourly rate shall encompass all expenses, including but not limited to, those for salary, supplies, office space, heating 2 and maintenance for office space, telephone service, long- distance telephone calls, and travel. Attorneys are not to be reimubrsed for any extrordinary expense incident to performing the services included under this agreement; except, that County agrees to pay all court costs and filing fees which are required to be paid in conjunction with services provided by the attorneys under this agreement. 6. Attorneys further agree to attend at least one regional training session on Child Support Enforcement per year conducted by the State Child Support Enforcement Agency. Reimbursement shall be made based upon the hourly rate but not to exceed a maximum of $200 . 00 for the full two-day session or $100 for each day attended or such amount as set by the State Child Support Enforcement Agency. With the prior approval of the Orange County Child Support Enforcement Director, Attorneys may attend training functions other than those conducted by the State Child Support Enforcement Agency. If attendance is approved , Attorneys shall be reimbursed for travel and per diem at the prevailing Orange 8 County rate. Attorneys shall not be reimubrsed at the hourly rate for attendance at any such non-State Child Support Enforcement Agency training function. IN TESTIMONY WHEREOF, said parties have executed this contract in triplicate originals, one of which is to be retained by County, one of which is to be retained by Attorneys, and one of which is to be filed with the Child 3 Support Enforcement Section, Division of Social Services of the Department of Human Resources, Raleigh, North Carolina. COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL AND HARGRAVE B 44('-d �i�'' COO of ' ' sle ill GRANGE 0 N Y, NORTH CAROLINA 1 a By: , Don Willhoit, Chairman ATTEST: Beverly B1 t e Clerk to the Board of Commissioners This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. /)-ad.r.,41 Orange County Finance Officer 0 8 4 ,, ORANGE COUNTY COMMISSIONERS 108 EAST MARGARET LANE. HILLSBOROUGH, N. C. 27278 MOSES cAREY BEN u.om MDIMMEMARMIALL ORANGE COUNTY BOARD OF COMMISSIONERS NORMAN WILIM WALKER INTEROFFICE MEMORANDUM DON WII.I.FIOIT 8609-306 TO: Geoffrey Gledhill FROM: Beverly A. Blythe SUBJECT: Contract DATE: September 19, 1986 Attached is the contract between Orange County and Coleman, Bernholz, Dickerson, Bernholz, Gledhill and Hargrave for consultation, legal advice and for representation as requested by the Child Support Enforcement Agency. 44 This was approved bye Board of C issioners at their meeting on Se er 16, 1984 If � 0 h e an ` stony �'",•��' ; '. .y contact Ken •t�° .r ivy`c , J .. ',4.1.1,41g-':,- Tha Rs •.v. rwg-. F 7`- :.•. .. „ ..'...r :.:.i.- _ 1f}• `t :4y.•- , •- a 9C F r i . „? i. im r > - P rY , p - rr w MSS. �. .:, ��' M .r{� 1� �pi',fi 4,,,,., ddii 104 ; .,i.,,41.4444.4,..,:„_,•, 0 r., _,..,_,�R °,�' � � { °d�. �.._,„,),..,,,, , .terra. L 1 AMEMM EMERGENCY MEDICAL SERVICES WEEK A PROCLAMATION WHEREAS, Governor James G. Martin has proclaimed the week of September 21-27, 1986, as Emergency Medical Services Week in North Carolina, and WHEREAS, the dedicated employees of the Emergency Medical services provide professional, life- saving care to the citizens of our County and persons in needs from other areas of our Country, and WHEREAS, the devoted volunteers provide basic and advanced care to sick and injured persons in our County through their many unselfish hours of training and service, and WHEREAS, the citizens of Orange County have unanimously supported the Emergency Medical Services through both taxes and generous donations, now THEREFORE, the Orange County Board of Commissioners proclaim the Week of September 21-27, 1986, as Emergency Medical Services Week and encourage all citizens of Orange County to continue to support their E.M.S. program. THIS, the 16th day of September, 1986. Don Willhoit, Chair Orange County Board of Commissioners ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY BEN LLOYD SHIRLEY E MARSHALL NORMAN WALKER DON WILLHOIT September 22, 1986 Mr. Edgar Miller Governor's Waste Management Board 325 N. Salisbury Street Raleigh, NC 27611 Dear Mr. Miller: I have attached a signe• copy of the amendment which modifies the original agreemt dated February 18, 1986 between the NC Department _.--4 Human ResourAps, Governor's Waste Management Board and Or., --!- County. Mffox, ,.°, If you hal.t ! any l ques_ti6h4 pleas.-,--',,,.:,' ..v- hesitate to ,„:!4 'Itilfc contact assist, ', ..,,*,-,fitt-:ltin4cifit 1 i...a' it., .. , , ,r•,, _ ,:„.,...41.7:...,_..____:::____2_.,_.,,,,,,„: „..„, _..„.::;ii..,.iteii46., _ • Thank yo, t 1..,, ,:y!.-.7-:-7 '''..-:.;- 171_ i.= .,Tt- il, ,, g. al lit - ,.,„1$ 11,-; 4?",;g:$.4 i :,'. ---; pctireili, '4'-'..'P---":1%- `, i'Vt41;.7' - . ,, . .,-.- ,, alkitz, , 4 . , 4 114 . it, , - lit :4 ,,,,, iitAr:, :,, .4.' :1 4t ;if ,,,r4:- *iA,-40:--- --.-. ;..#_c -- -,:"-,'-1 ^ 0 '•' %1 . 4tRail4ccs, iloNir''::■;: ' - - '''' ' `-' BeVerI A% Blii -E-6 Clerk /bab File Attachments 1 STATE OF NORTH CAROLINA COUNTY OF WAKE August 26, 1986 AMENDMENT This agreement amends the agreement between the NC Department of Human Resources, Governor's Waste Management Board, hereinafter referred to as "Department" and Orange County, hereinafter referred to as "Contractor," and dated the 18th day of February, 1986. As provided for under the terms of this agreement, the Department and the Contractor agree to amend the following provisions: 1 ) Reference number 2(a) - change the termination date to December 31, 1986. 2) Reference number 9 - change the termination date to December 31 , 1986 and add the following sentence: The final project report, budget summary, and Phase II workplan are due no later than January 31, 1987. All other terms and conditions as set forth in the original agreement as signed shall remain in effect for the duration of this agreement. r1 � Contractor Date 'H Department of umdd Resources Date ORANGE COUNTY COMMISSIONERS 106 EAST MA,nGARA!T LANE HILLSBOROUGH, N. C. 27278 MOSES CARRY BEN LLOYD SKIRLEY E.MARSHALL, NORMAN WALKER DON WILLROIT September 22, 1986 Ms. Nancy J. Wells, Town Clerk City of Chapel Hill 306 N. Columbia Street Chapel Hill, NC 27514 Dear Nancy: The Board of Commissioner- approved on September 16, 1986 the attached amendment i.: the agreement for Consultant Services with the Town of ChM"`:el Hill to j ovide housing rehabilitation services for, .=' .- Rental Re itation Pro- gram. - , .. Will you, -ob =- - _- equ matures and copy c a :.. 4z .,,,,—:,..:: r• r. return a co M .. c _ - Thank yo ^°...'.. :., x . : 4`�" r ..... .''''?7^---nv_ ..xw Lief. Beverly A. Blythe Clerk /bab File Attachment ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH • NORTH CAROLINA 27279 MEMORANDUM TO: COUNTY MANAGER FROM: PLANNING DIRECT DATE: SEPTEMBER 12, 1986 SUBJECT: MOBILE HOME PARK REPORT On August 19, 1986, the Board of Commissioners considered a Planning Board resolution which addressed mobile home parks. Part 2 of the resolution requested that the Commissioners "investigate health and safety issues that relate to the layout and operation of existing mobile home parks in Orange County" . The Board of Commissioners directed that appropriate agencies be contacted regarding the issues and report the findings. Rather than limit the investigation to health and safety issues, information has also been gathered concerning (1) design standards for mobile home parks used by other jurisdictions and (2) general trends in the use of mobile homes as a housing resource in the County. This information is summarized below. General Housing Trends - Mobil Homes In 1974, the Research Triangle Regional Planning Commission conducted study of mobile homes as a regional housing resource. The study indicated that approximately 1500 mobile homes were situated in Orange County in 142 parks. By 1984, the number of mobile home parks had increased to 116, while the number of mobile homes in such settings had grown to 2,334 units. The bulk of these units were located in Eno and Chapel Hill Townships. Four years earlier, the 1980 Census had shown that 11 percent (3,238) of the total County housing stock, (28,637) was comprised of mobile homes. Surprisingly, 94 percent of these units were located in unincorporated portions of the County. Approximately two-thirds of all mobile home units were owner-occupied. Since the beginning of 1980, the number of building permits issued for mobile homes has averaged almost 450 units annually. About 47 percent o these units have been located in new and existing mobile home parks. The remaining 53 percent of mobile homes have been located on individual lots. The majority of mobile homes (88%) have been of single-wide construction, while the average cost of all units has increased from $9,408 in 1980 to $15.315 in 1986. Health/Safety Issues The affordability of mobile homes is one reason for their prolifera- ation in Orange County. While numbers have increased, though, concern over health and safety issues have risen as well. The Orange County Emergency .Services office was asked to comment on standards which should be considered in the development of any ordinances governing mobile homes. A similar request was made of the Orange. County Firefighters Associated and the Fire Chiefs Counsel. All groups addressed similar concerns: (1) Park/unit identification; (2) unit spacing; (3) accessway dimensions and obstructions; and (4) service/construction standards. Recommended standards are attached to this report for consideration by advisory groups and the governing board in ordinance drafting. Design Standards A final consideration was the design standards of other jurisdic- tions. The basic question is to be answered is - Are the present standards comparable or too restrictive? The attached comparison sheet indicates two features. First, differences do occur from one jurisdiction to another, but there are a number of similar standards, including tract size. pad/stand. patio, driveway. buffer. street lighting and walkway require- ments. Second. some significant differences do exist in mobile home and recreation space standards. Even though the present County standards are higher than surrounding jurisdictions, there are precedents statewide for the requirements. As an example, Mecklenburg County has the same recrea- tion space standard - 8% of the site area. Lee County requires a 10,000 sq. ft. minimum lot size even with a public or community water/sewer system. Lots may be reduced to 7.500 sq. ft. in area if a minimum of 10% of the site is donated to recreation use. Other counties such as Edgecombe and Cumberland either limit mobile home parks to higher density districts (6.000 sq. ft./unit) or limit density by the underlying zoning require- ments.i.e. , 40.000 sq. ft. in an Agricultural-Residential district. Wilson County permits spaces less than 10.000 sq. ft. in area but couples lower standards with a recreation space requirement of 400 sq. ft. for each unit. This results in a five percent recreation space standard. The basic issue which has arisen in terms of design standards is the mobile home space requirement of 10,000 sq. ft. per unit. This is . equivalent to an average density of four (4) units per acre. From the 1984 survey. 102 mobile home parks were found to be in Orange County's jurisdic- tion. The parks contained 1,883 units and had an overall net density of 1.16 units per acre. Of the 102 parks. 24 (24%) exceeded the density standard of four units per acre. These parks, however, contained 745 or 40% of all mobile homes. %r MOBILE HOME ' PARkS J "w 40 /*! ORAN () E COUNTY di/7y • 75 FIRST QUARTER = 197+ - . ' A elf/ lia....4", 4 44 Eitilrii -Iptioni441.4 _ ik ur,•40,4A.inw lin _ . 4virsiprimi*Pdf . - . . . td*.,,,klitoritarz4. . e .p, "Wimille MivaMmirti ,z.. .-- -low 1-C -mei saw D iv �� N. G56R0 N ,°'9 c). vitestw D - nssAu.r 0 a firtrtic , _ .s. _. lop_ , ei 10di .6 4w\ 7 . 6'^-\ r r5 .7(:),R 7 l _111 41Fr'D k is u, t.sy ......0.4„. 1.6 .......4411111 NM - AI' - Rd L 111 .ThC) FA AMP i -4 • 3 rrt van pi L ..,... © rs J r� 1;v,. ii 4 o m r, • © ® rb ID or Q rz 4 7 9 � MAP A-2 .. i -lw Y 0°0• j 6 0 f CHAPEL ,.., &ILA N • . • f • . . • • • • • - ••.\• •• ∎•- ••r.. .•. • •• .. ..•• RESEARCH TRIANGLE REGIONAL _ PLANNING COMMISSION - ...... 0 •a ••1A ••e.•.• w ...r.• ...w•• .•••.rw w... tr►*.• - �... w.. ••.y.... •.•• ...w .•.. •..�.....• ..• .•.•a .......• •••••• Code No, NMI, Code 110. on Naine of Park (or location, is Ho. of on Namd of Park for location, in No. td, Hip A-2 Towosh;p brackets, where n:mic unknown) Units A'7 Yownship brackets, where name unknown) UnUits ±. 'r A Cedar Grove •- •- F8 Bingham .Forester's tbeing developed) 0 �' $1 Little River Lucky J b dl4. F9 Bingham Bradshaw's Mobile Acres 20 i Cl Cheeks Mebane Mobile Home Park 38 P10 Bingham _. Forest Acres 4.6 C2 Check$ Adam's Trailer Park is VX_ F1l Bingham . - white Cross Trailer Park 11 j C�•'C� 4 Checks Davis Traller. Park 14 F12 81n9hair (Ofr N.C. ;4) 4 Fu• C4 Checks Boone Mobile .Court 16 olt• F13 Bingham Pineview Trailer Court 17 DL CS. Checks Bradley's Trailer Park 6 454- F14 Bingham Oak Grove Trailer Pork 1 CL 6A:. Chucks Hatch's Mobile Court. 10 F15 Bingham Sunnyside 3 C7 Checks Graham's Trailer Court 12 F16 Bingham Lloyd's 3 r' co Cheeks Pincvmod Troller Parts ..17 O L G1 Chapel Hill Pendergraft's mobile Court 20 61`C9 Cheeks Hick's Trailer Court 10 09- G2 Chapel Hill Sparrow's Trailer Covert 7 Of Hillsborough Flower's Trailer Park X15 Cit. G3 Chapel Hill Rocky Brook Court 38 02 Hillsborough Thompson's 4" b9. G4 Chapel Hill Ridgewood 41 03 Hillsborough Holiday Park 3 v+'L C5 Chapel Hill Mountain Side Park 18 A Hillsborough Bannatt's tv i2 "' VL G6 Chapel Hill Watts Johnson Trailer Park S D5 Hillsborough Simmon'a MobiIa Ngme Court 7 G1 Chapel Hill Gates 7 D6 Hillsborough ` Terrell's 7 G8 Chapel Hill (N.C. 54 near Maynor and Hennessey) 7 07 Hillsborough . Byrd's . 4 tk G9 Chapel Hill Pine Grove Mobile home Court 0035 "I E1 Eno Country Squire . 16 °A:- G10 Chapel Hill Cal'.varder Mobile Court 22 -E2 Eno Rob-Bran Park 17 aL Gil Chapel Hill Hutchin's Trailer Court 1 ble. E3 Eno Maple R;dge 63 G12 Chapel Hi l l 'Randy W'i I I iam's 3 olLE+i Eno Woodland Hob.ile Court 14 mil`- G13 Chapel Hill Shady Oaks Mobile Court 14 G1C E5 Eno Rayl's Mobile Court '35 °K_G14 Chapel Hill Piney Mt. Trailer Park 22 0IC,E6 Eno B 6 W Trailer Court tg-39 G15 Chapel Hill Tate's 9 'L E7 Eno Byrdville 2S Ok-G16 Chapel Hi II Tarheei Mobile Court 71 4' -E8 Eno Carden's Trailer Court 16 G17 Chapel Hill Hick's Trailer Court 3 al E9 Eno Wood's Trailer Court 18 �� G18 Chapel Hill L [Vance 5t., Chapel Hill) 3 DI( E10 Eno Orange Mobile Court 34 9 Chapel Hill Riggshec's Trailer Park 31 Eli Eno Bailey Mobile Villa 20 Off"G20 Chapel Hilt Wright's 2; i E12 Eno Wilma's Mobile Court 7 off- G21 Chapel Hill Lakeview Mobile Court 34 i €13 Eno Walker's 4 a1L G22 Chapel Hill Hilltop Mobile Home Court 33 M E14 Eno 0 6 M Mabiie Court 10 6i= G23 Chapel Hill Woodcrest Trailer Court 2 Ot Ely Eno Flower's Mobile Court Hpl3h&'4j 43 6K-C24 Chapel Hi l l Homestead Mobile Court 29 69. E16 Eno Carolina Mobile Home Park 66 OIL G25 Chapel Hill Freeland Trailer Court 9 b rE17 Eno Smith's Mobile Horse Court 4 c� 41 0j�. G26 Chapel Hill Old Farm Court -122 6('-E16 Eno Eubanks Trailer Court 9 GC.. G27 Chapel Hill New Hope Trailer Park 6 t1LE19 Eno Dixie- Trailer Court 24' 6V- G28 Chapel Hill Piedmont Park 7 0,:_ E20 Eno Brewer's Trailer Court 9 G29 Chapel Hill (Murphy School Rd. opp. Barber] F1 Bingham Suckhorn's 3 d1LG30 Chapel Hill Barber Trailer Park 4 l F2 Bingham Ervin's (Kirby's) Mobile Home Park 51 o K G31 Chapel Hill Gunn'.s Trailer.Park A1(eA�';5 t1 s F3 Bingham Dairyland 12 d G32 Chapel Hill McFarland's Trailer Court 14' 6tiL F4 Bingham Lake Village 8 d G33 Chapel Hill Johnson's Trailer Park 3 O K_ F5 Bingham. Crawford Mobile Court 7 o't• G34 C:'apeI Hill Birchwood %to by--F5 Bingham Orange Grove Mobile Court 7 G35 Chapel Hill [Airport Road. Chapel Hill]. 3 F7 Bingham Riley,s 13 i ' F18 0irq"+.an Spring H i l l Park 6 t Sce. Addand<uln for rernainir% saris. + Orange County total of X1500 units in 102 parks. i A. DISTRIBUTION OF MOBILE HOME PARKS AND UNITS WITHIN, BY TOWNSHIP ORANGE COUNTY, NORTH CAROLINA JANUARY, 1984 Average Township # of Parks % of Total # of Spaces % of Total Spates/Park Little River 0 --- 0 --- --- Cedar Grove 1 .01 9 .01 9 Cheeks 10 8.62 182 .7.79 I8 Hillsborough 17 14.65 324 13.88 19 Eno 25 21.55 643 27.55 26 Bingham 27 23.27 382 16.37 14 Chapel Hill 36 31 .03 794 34.02 22 Total 116 2,334 20 Source: Orange County Planning Department, Mobile Home Park Survey, January, 1984. MMM } DISTRIBUTION OF HOUSING UNITS, BY UNITS IN STRUCTURE ORANGE COUNTY, NORTH CAROLINA 1980 Units in Percent Structure Total Units of Total 96,239 56.7 2. 1,243 / 4';3 3-4 1, 173 4. 1 5-9 1,922 6.7 10-49 3,877 • 13.5 50 or more 945 3.3 Mobile homes 3,238 11.3 Total 28,637 100.0 Source: U.S. Census of Housing, 1980. DISTRIBUTION OF MOBILE HOME UNITS, BY INCORPORATED AND UNINCORPORATED AREA ORANGE COUNTY, NORTH CAROLINA 1980 Area Total Housing Units Mobile Homes Mobile Homes As Z Of Total Chapel Hill 10,743 69 0.64 Carrboro 3,748 46 1.23 Hillsborough 1,219 60 4.92 County - Unincorporated Area 12,927 3,063 23.69 County - Total 28,637 3,238 11.31 Source: U.S. Census of Housing, 1980. - Approximately 68.2% Owner-Occupied; 31 .8% Renter-Occupied. • MOBILE HOME PERMITS ISSUED, BY TOWNSHIP, SITE LOCATION AND TYPE OF UNIT ORANGE COUNTY, NORTH CAROLINA JANUARY, 1980 THROUGH JUNE, 1986 Single-Wide Single-Wide Double-Wide Double Wide Township Mobile Home. Parks . Individual Lots Mobile Home Parks Individual Lots Little River ---- 95 "'-- 28 Cedar Grove 2 132 I- ' 34 _. I Cheeks 108 218 6 58 Hillsborough 353 328 14 49 . Eno 392 126 15 31 Bingham 190 187 12 48 Chapel Hill 296 190 11 37 Total - County 1,341 (45.3%) 1,276 (43. 1%) 58 (2.0%) 285 (9.6%) Source: Orange County Building Permit Records MOBILE HOME PERMITS ISSUED, BY YEAR, TYPE OF UNIT AND SITE LOCATION ORANGE COUNTY, NORTH CAROLINA JANUARY, 1980 THROUGH JUNE, 1986 j Single-Wide Single-Wide Double-Wide Double-Wide Year Mobile Home Parks Individual Lots Mobile Home Parks Individual Lots Total:a.Uhifm: 1980 232 57.7 142 35.3 4 1.0 24 6.0 402 100.0 1981 151 42.8 179 50.7 2 0.96 21 5.9 353 100.0 1982 120 27.4 289 66. 1 1 0.3 X27 6.2 437 100.0 1983 241 47.6 203 4 0. 1 14 3.0 48 19.3 506 100.0 1984 224 47.9 175 37.4 9 2.5 57 12.2 468 100.0 1985 230 43. 1 196 36.8 26 4.9 81 15.2 533 100.0 1986 (Through June) 112 47.9 92 39.3 3 1.3 27 1I .5 234 100.0 Source: Orange County Building Permit Records i AVERAGE PRICE OF MOBILE HOMES ORANGE COUNTY, NORTH CAROLINA BY MONTH AND BY YEAR,: 1980 - 1986 Month 1980 1981 1982 1983 1984 1985 1986 January $8160 ----- - $8435 $22232 $10167 $14675 $19996 February 9421 $10028 8025 8872 14061 12980 12908 March 9912 10648 ..9469 11417 14101 13927 12635 April 10175 12797 14672 10887 14989 15571 13745 May I0248 11689- 11864 11485 I4525 17919 18981 June 9195 10215 8301 14671 11784 - 12114 13623 July 10133 10329 8310 12883 11217 9920 August 9763 11562 9097 12232 16.371 10363 September .9395 9820 ---- 11856 12769 18327 October 9729 9304 --- 8709 15614 9353 November 9613 12529 ---T 8629 13854 13978 December ' 9972 12922 12638 14600 13376 14564 Average $9408 $,,)0s58.. $10088 $ 12373 $ 13569 $13641 $15315 Source: Orange County Building Permit Files/Monthly Census Reports r . ORANGE COUNTY HILLSBOROUGH NORTH CAROLINA 27278 EMERGENCY SERVICES 106 EAST MARGARET LANE Established 1752 MEMORANDUM TO: Mr. Kenneth Thompson - FROM: Bobby Baker , . �. SUBJECT: Mobile Home Ordinance:. DATE: August 28, 1986 Orange County Emergency Services would like to request that the following requirements be considered for the Mobile Home Ordinance that is now under study. These requirements would improve the response time and the ability to provide effective scene operation. These requirement are: 1. The name of the park and the owner or manager be displayed at the entrance of the park. 2. The. streets..; in the lots should be at least 15 feet wide and unobstructed by parked vehicles, etc. 3. There should be a mi xni.mum of 30 feet between trailors. 4. The lots should be numbered with at least 6 .inch high numbers and displayed at a location that can be seen from the driveway. 5. Cross streets and dead end streets inside the park should have a sign at the entrance:.,of that intersection clearly identifying each lot on the street by number and direction'from the intersection. If you wish to discuss this with me or need further information, phase contact me. BB/pdg p. MOBILE HOME PARK STANDARDS FOR ADVISEMENT BY THE ORANGE COUNTY FIREFIGHTERS ASSOCIATION AND THE FIRE CHIEFS COUNSEL 1) Minimum side and end distance between each unit and/or manmade obstacles (not including a road or a porch or deck on another unit). a) Minimum 20 feet on all sides. 2) Skirting guidelines. Types, material. a) The Firefighters association believes in solid, fire resistant skirting with appropriate crawl space open,irg: This would eliminate hazardous storage underneath the trailer as well as prevent small animals from damaging heat tapes and electrical wiring underneath the trailer.. it also prevents fire from spreading underneath the trailer by stopping drafts and air flow_ b) the Association is reluctant to recommend underpinning provisions because of the aesthetic implications. The Association wants to remain completely neutral regarding that aspect of trailer parks_ If the planning Dept_ recommends such underpi Trig, guidelines, the Association can defend them on safety grounds. 3) Spacing from unit to travelway. a) There is no minimum distance here since a roadway is not considered an obstacle. However, there is concern about on street parking that will inhibit trucks and firefighters from adequately reaching a burning structure. The Association would like to see parking spaces not on the 20 foot travelway in order to keep the travelway clear as a fire lane_ 4) Width of travelway. a) The minimum width of the travelway should be 20 feet and an all weather road. A lane in the road should be kept clear at all times for truck passage. There is not yet a consensus as to the firelanes width, but it should be no less than 12 feet ( from 12 to 20 feet is being studied). 5) The turning radius for a cul-de-sac. a) Minimum of 50 feet radius • for a cul-de-sac. 6) Proper spacing for fire hydrants. a) No unit should be more than 500 feet from any hydrant and a minimum of 750 GPM should be available at each hydrant. 7) Community well water source. a) In subdivisions with above ground water storage capacity it would be berficial for fire departments to have access to the tank via a 2 1/2 inch _ nebunal standard thread plug. The tank must have a vent port. However, the Association does not know if this type of modified tank can be obtained, or at what expense. 8) Trailer identification. a) All travelways should have clear identification. _ b) All trailers should be clearly marked with a minimum 3 inch numbering set at a height of 6 feet off the ground. c) The numbering system should be a standardized numeric system with even numbers on the right and odd numbers on the left. 9) Smoke detectors. a) The Association feels that smoke detectors in each trailer should be mandatory in old parks as well as new. This item can save lives and provide quick alert for fast response from fire departments. • COMPARISON OF MOBILE HOME PARK DESIGN STANDARDS Orange Durham Durham Greensboro Guilford Raleigh Wake Standard County Count City City County City County Minimum Tract Size 5. acres 5 acres 5 acres 4 acres 4 acres 10 acres 10 acres Maximum Tract Size 10 acres None None None None bone None Minimum Space/Lot Size 10 :000 sf 5:,000; sf 5,000 sf 4,000 sf 4,000 sf 5,000 sf 6,000 sf Pad/Stand. Requirements At least Yes. None Concrete Compacted Paved slab Same as 3" of footing surface at or compact Raleigh' compaated least ed earth, city stone or I3' x 60' -gravel or gravel stone Patio Requirements At least None None At least Minimum None None 180 sf - 180 sf 240 sf concrete,- brick, flagstone, or hard . surface material Walkway Requited Yea No No Yes Yes No, No Street Lights Required Yes No No Yes Yes Yes Yes Peripheral Buffer 100 feet/ 20 feet 20 feet 20 feet 100 feet None -Yes Requirements excludes if street RIW Interior Drive 18' wide 11C. pavement Paved 18' wide 18-20' 18' wide 18' wide . Requirements pavement 30—graded driveway hard wide pavement paved to) . surfaced pavement NCDOT standards ,F 301 clear ` -F R/W P Recreation Space 8% of site 10,000 sf� 400 sf/ 1 p;�1�y$rountl 1 playground 1 acre per ]4,000 sf/ j area 1-25 units home site Win 400 ft. w1i.n 500 ft. 100 homes 1-25 units. r , - Mo.,. L 1. (1 c 5' ki:_j_e3 /- ' 7. d. _ 0.7/7 9. Id • ; 40 .r.,. hi 11- ---0E?,74terci2/7--6(s 4, ..._____ 12. 13. 14. 17. _ 18. _, .�_ ___ 22. 23. - 24. 25. -— 26. 27. 28. _` 29. 30. 31. 32. 33. 34, 35. 36. 37. 38. 39. - 40. _ • • _ ___...,.._________• _____ .. . . 7 _ _______ . . . ________ ______ . . . . .. ......_._ ________ _ ______ . . . ...• . . .._ ______ ______ _ . . . . . . . . ,. . ______ _ ___ ____ • . • ._,___. ____ . . ..______ ____ ________ _ . ._ . . . .__. 1 _____ P. • . . __________ _________ • . • . .,_ • . ___________ _____. .._ . __ _ . .,,,.........„......, . ____. • _..... _....• . ________ ___...... _________....._ As. 1_, . „„Li _ . ____ ,--1, _. ._. • ..... .... ___ • RESOLUTION OF THE ORANGE COUNTY PLANNING BOARD REGARDING WATER/SEWER EXTENSION POLICIES IN UNIVERSITY LAKE WATERSHED WHEREAS, there is disagreement among Orange County and Chapel Hill , and Carrboro regarding policies for the extension of water and sewer services into University Lake Watershed; and WHEREAS, OWASA is considering a study of Cane Creek and University Lake watersheds in view of development to date and changes in Federal water policy; and WHEREAS, OWASA is to consider a recommended interim policy which states that each Jurisdiction should follow its own policies related to water and sewer extensions until the water study is completed; and WHEREAS, the water study proposed by OWASA may take as a year to complete; and WHEREAS, divergent policies may result in water and/or sewer extensions into University Lake Watershed during the interim period; NOW, THEREFORE, BE IT RESOLVED that the Orange County Planning Board does hereby request the Board of County Commissioners to address the Board of Aldermen of the Town of Carrboro and ask them to hold in abeyance any plans and/or proposed ordinance amendments which would allow extensions of water/sewer service into University Lake Watershed and to adhere to the Orange County policy of restricting such extensions except in emergency situations until OWASA completes the water study and a decision is made regarding the most appropriate policy to follow . THIS, the 15th day of September, 1986 . Barry Jacobs, Chair Orange County Planning Board ' Crfe� ,Mates .$mate WASHINGTON,O.C. 20510 September 30, 1986 Miss Beverly A. Blythe 106 East Margaret Lane Hillsborough, North Carolina 27278 Dear Miss Blythe: Many thanks for your recent letter regarding American A-lrlin-es' application for service to London. - T was pleased to learn that both American Airlines and Piedmont Airlines have applied for the London gateway. It will be a tremendous benefit for North Carolina if either airline provides air service to London. While I have my personal bias, I don' t think it would be appropriate for me to take sides in an issue that pits Raleigh against Charlotte. I 'm proud of the progress that both airports and both cities have made. I appreciate your interest. Please stay in touch. Kindest regards. Sincerely, Jesse Helms United States Senate JH/hsa ORANGE COUNTY ECONOMIC DEVELOPMENT COMMISSION P.O. Box 712 * 117 N. CHURTON ST. HILLSBOROUGH, N.C. 27278 (919) 732-8181 (919) 968-4501 EXT. 279 RESOLUTION IN SUPPORT OF A BRITISH ISLE GATEWAY AT RALEIGH—DURHAM AIRPORT WHEREAS, the economy of North Carolina and of the Triangle Region is strongly tied to international markets; and WHEREAS, the Research Triangle Urban Region, an eleven county area with a 1980. population of 860,000, is the location of approximately 25 British—owned companies, including Burroughs—Wellcome Co. , Compucolor International, Glaxa, Inc., Liggett—Meyers Tobacco Co. , Inc. , Angus Fire Armor Corp. , Baker Perkins Food Machinery, Inc., Bespak, Inc., Huyck USA, and Wykeham Farrance, Inc., and WHEREAS, the University of N. C. at Chapel Fill, NC State University, and Duke University — as world—class teaching and research institu- institutions — provide significant business related travel to and from Europe, as well as other parts of the world, and WHEREAS, according to the 1980 census, one out of seven new Orange County residents, excluding those from N.C. or the South, were from foreign countries; and WHEREAS, there exists a well staffed Customs Service at the Port of Durham, RDU Airport, to process international freight and passenger flights, it is a logical next step for the Triangle area to be provided with international passenger service; and WHEREAS, the RDU Airport Authority has stated that it generates more passenger traffic to Europe than the Charlotte Airport; and WHEREAS, the Raleigh—Durham MSA is one of the fastest growing metro areas in the United States; NOW, THEREFORE BE IT RESOLVED, that the Orange County Economic Development Commission urgently endorses the designation of the Raleigh— Durham Airport as a Gateway to the British Isles and Europe. Unanimously adopted by the Orange County Economic Development Commission on this 9th day of October 1986. / Alb c OF , John McKee, Chair Orange County Economic Development Commission NOTICE TO PROCEED C opy TO PROCESS PLUMBING AND PIPING. mm PO Box 251$4 RALEIGH, NC 27610 PROJECT/CONTRACT CARR BUILDING RENOVATION You are hereby notified to commence WORK in accordance with the Agreement dated Se. Pokier 16 , 1986, on or before September 22 _ , 1986 and you are to complete the WORK within 180 consecutive calendar days thereafter. The date of completion of all WORK is therefore _ March 20 1987.-4 nor^ You are required to return an acknowledged copy of this Notice to the Owner. Dated this l6thday of September ,1986. COUNTY OF ORANGE OWNER: BY: kae, WI 1141 DON WILLHOIT, CHAIRMAN RECEIPT OF THIS NOTICE IS HEREBY ACKNOWLEDGED this 2114 day of r7 c. y, , 1986. BY: /✓4 / TITLE: � � s a ,. A 4,-) State of North Carolina Department of Natural Resources and Community Development Division of Land Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor Stephen G. Conrad S. Thomas Rhodes, Secretary Director October 29, 1986 Ms. Beverly A. Blythe Clerk Courthouse 106 East Margaret Lane Hillsborough, North Carolina 27278 Dear Ms. Blythe: Enclosed is your copy of executed contract #87-33 between the Department of Natural Resources and Community Development and Orange County for the Land Records Management Program grant. Also enclosed is a sample progress report form to be submitted to this office. These forms are due quarterly on April 1st, July 1st, October 1st and January 1st until this contract has been satisfactorily completed. Sincerely, •! --e—arfe9(14V.Or.F4041.1K Rex Minneman Land Records Management Program Enclosures PO_ Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-3833 An Equal Opportunity Affirmative Action Employer IC Grant No. 87-33 NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT LAND RECORDS MANAGEMENT PROGRAM STATE AND COUNTY AGREEMENT THIS AGREEMENT is entered into this AA( day of S0,7040der 1986 by and between the North Carolina Department of Natural Resources and Community Development (hereinafter called NRCD) and the County of Orange, a North Carolina municipal corporation, (hereinafter called the "County"). WITNESSETH WHEREAS, Section 102-15, of the North Carolina General Statutes empowers the NRCD to administer a program of technical and financial assistance for the improvement of county land records; and WHEREAS, the Land Records Management Grant Application dated July 10, 1986, prepared and submitted by the County, has been determined by NRCD to qualify the County for a grant award; and WHEREAS, the Secretary of the NRCD has awarded Land Records Management Grant No. 87-33 in the amount of $8,000 from State matching funds to the County as financial assistance for the completion of the project described in said Grant Application; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. County Engaged. The Land Records Management Program agrees to assist the County and the County agrees to perform the work and responsibilities as more fully described in the Work Program appended hereto as Attachment A and hereby made a part of this Agreement as a complete and sufficient statement of the work encompassed by the Project Description in the Land Records Management Grant Application supporting Land Records Management Grant No. 87-33. Grant No. 87-33 2. General Responsibilities of the County. The County Government shall: (a) assume positive leadership to perform and carry out in a satisfactory and proper manner as determined by Land Records Management Program, all elements of the Work Program set forth in Attachment A; (b) engage, with the consent of Land Records Management Program, qualified contractors for all work not performed by county personnel; and (c) arrange periodic meetings of county officials, local representatives of the legal, surveying, and engineering professions and representatives of Land Records Management Program to review progress and consider such recommendations for action as may be required. 3. Provision. of Funds. To assist in financing the work covered by this Agreement, the County has been awarded a grant of State funds in the amount of $8,000. It is expressly understood that the County will match this State award with an expenditure of at least $8,000 of local tax revenues applied exclusively to the work covered by this Agreement. 4. Obligation of Grant Funds. Grant funds may not be obligated prior to the effective date or subsequent to the termination date of this Agreement. All obligations outstanding as of the termination date shall be liquidated within one year after the date specified unless otherwise extended by the State of North Carolina in writing. Such obligations must be related to goods or services provided and utilized within the effective period of this Agreement. The effective period of this Agreement is January 1, 1985 - June 30, 1988. 5. Changes or Extension of Document. The County or the Land Records Management Program may, from time to time determine that changes in the scope of work described in Attachment A will be necessary. Such changes affecting the nature of the work as well as the timing, methodology, and any increase or decrease in the amount of compensation due to the County shall be incorporated in written amendments to the contract which shall be mutually agreeable to the parties hereto and such agreement shall be endorsed thereon by authorized signatures. 2 Grant No. 87-33 6. Termination of Agreement for Convenience. Either the Land Records Management Program or the County may terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of such termination. 7. Termination of Agreement for Cause. If through any cause the County shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the County shall violate any of the covenants or stipulations of this Agreement, the Land Records Management Program shall thereupon have the right to terminate this Agreement by giving written notice to the County of such termination and specifying the effective date thereof. Upon the County's receipt of such notification all work shall immediately cease and no further expenditures shall be claimed against this Agreement except for work already performed. 8. Equal Employment Opportunity. The County and any contractor covered by this Agreement shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin and shall take affirmative action to ensure equal opportunity in its employment practices. The County and any contractor shall state in its advertisements for employees that all qualified applications shall receive consideration for employment without regard to race, color, religion, sex or national origin. 9. Interest of Land Records Management Program Members and Others. No employee of the Land Records Management Program, and no member of its governing body, and no other public official of the governing body of the community in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall (a) participate in any decision relating to this Agreement which affects his or her personal interest or the interests of any corporation, partnership, or association in which he or she is directly 3 7 Grant No. 87-33 or indirectly involved; or (b) have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 10. Access to Records. At any time during normal business hours and as often as the Land Records Management Program or the Department of State Auditor may deem necessary, the County shall make available to the Land Records Management Program or representatives of the Department of State Auditor for examination all of its records with respect to all matters covered by this Agreement and shall permit these agencies to audit, examine and make excerpts of transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment,and other data relating to all matters covered by this Agreement. 11. Retention of Records. The County shall retain all financial records, supporting documents, and other pertinent records related to expenditures against the grant received for a period of three years following the termination date of this Agreement. In the event such records are audited, all records shall be retained beyond the three-year period until audit findings have been resolved. 12. Audit Requirements. The County shall be responsible for an audit of the work performed under this Agreement with copies made available to Land Records Management Program upon request. The audit may be performed as part of the county's annual audit. 13. Periodic Reporting Requirements. The County shall prepare and submit to the Land Records Management Program quarterly progress reports, due in the Land Records Management Program no later than 10 days after the end of the quarter. Requisition for payment, according to the schedule established by this Agreement, shall be subject to authorization by the Land Records Management Program upon the basis of progress reports evidencing the satisfactory and timely completion of the work shown in Attachment A. 4 . Grant No. 87-33 14. Compensation. The NRC1) shall pay to the County an amount not to exceed $8,000 for the services identified in Attachment A upon the conditions set forth in Paragraph 16 hereto. 15. Indemnification. Notwithstanding any provisions of this Agreement, it is expressly agreed that: The County shall indemnify and save harmless the State of North Carolina and its employees, from and against any and all claims, demands, suits, judgments, settlements, etc. , for sums of money for and on account of personal injuries, property damage, invasion of real property, or loss of life or property of any persons whether in contract or tort, as in any way connected with the performance of the project covered by this Agreement. Further, the County expressly releases the State of North Carolina from any liability or any losses or damages suffered by the County, directly or indirectly, from or in any way connected with the performance of this Agreement. 16. Method of Payment. Upon determination by the Land Records Management Program that the services identified in Attachment A have been satisfactorily completed, and Land Records Management Program shall notify the NRCD to pay the amount set forth in Paragraph 14. Such sum shall be paid in every case subject to receipt of a signed requisition for payment in connection with quarterly progress reports required under Paragraph 13. County shall be paid in a lump sum or as progress payments by the NRCD. If all work specified for completion is not completed, payment shall be made on the basis of the percentage of work completed. Lump sum payments will be made only upon completion of all work and approval of the Land Records Management Program. 17. Designation and Employment of Contractor. To carry out the Work Program, Attachment A, of this Agreement, the County may utilize the services of its in-house staff or it may contract for the services 5 • Grant No. 87-33 to be performed therein with a private business or public agency. Prior to the execution of a contract, or the use of its in-house staff, the County shall provide the Land Records Management Program: (A) A resume of the Contractor for the project. (B) A copy of the proposed contract between the County and the Contractor. (C) A work plan or schedule showing when the Deliverable Items covered by the contract are to be completed, as well as the cost for each Deliverable Item. The County shall then receive written notice as to whether (a) the standards established by the Land Records Management Program are satisfied, and (b) the contract meets the requirements of this Agreement. 18. Availability of Funds. It is understood and agreed between the Contractor and the Agency that the payment of compensation specified in this agreement, its continuation or any renewal or extension thereof, is dependent upon and subject to the allocation and appropriation of funds to the Agency for the purposes set forth in this agreement. 6 Grant No. 87-33 "ATTACHMENT A" WORK PROGRAM FOR COUNTY OF ORANGE This Work Program is incorporated by reference hereto in the attached Agreement between North Carolina Department of NRCD and the above County and is made a part thereof. The grant award, which is subject of said Agreement, is being made contingent upon the performance of the following work: The County will prepare maps in conformance with the North Carolina "Technical Specifications for Base and Cadastral Maps," implement the PIN system and automate its offices. 7 , Grant No. 87-33 IN WITNESS WHEREOF, the NRCD and the County have executed this Agreement as of the first date written. ATTEST: DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT BY BY _ ,41rtel_211.8y,L,._Z_ S. THOMAS RHODES TITLE Secretary of Natural Resources and Community Development ATTEST: ORANGE COUNTY z BY „40. _ i A , BY Chairman of the Board of County TITLE eh/4 Commissioners 8 NORTH CAROLINA LAND RECORDS MANAGEMENT PROGRAM GRANTEE QUARTERLY REPORT - PROJECT STATUS Grantee: Quarter/Year: Project: Grant Amount: 1. ' Progress ? Accomplishments This Quarter: 2. Activities Planned for Next Quarter: 3. Problems or Questions Encountered: 4. Project Budget: a. Contractor Invoices Submitted This Quarter E, Type Work Covered: b. Contractor Invoices Paid This Quarter f Type Work Covered: Date Report Submitted Signature of Person Making Report STATE OF NORTH CAROLINA AMENDMENT TO COUNTY OF ORANGE AGREEMENT FOR CONSULTANT SERVICES This Amendment, made and entered into by and between the Town of Chapel Hill, herein "Town" and Orange County for services as hereinafter described within the Town of Chapel Hill. WITNESSETH That for and in consideration of the mutual promises conditions set forth below, the Town and Consultant agree to the following amendments to the Agreement for Consultant Services dated May 28, 1986: DUTIES OF CONSULTANT Amend A. 8. by inserting a new second sentence in the second paragraph: "The Housing Finance Agency has a deadline for the Town to encumber fifty percent (50%) of its FY 1985 allocation of $75,000 ($37, 500 encumbered) by September 30, 1986." 2. C. FEE SCHEDULE Amend C. 1 . by deleting the second sentence in its entirety, and inserting a new second sentence: "This agreement covers a maximum of 23 units, for a total not to exceed $18,400 . " This the ///p 74,4 day of September, 1986. CONSULTANT BY ' Attest /� • Title ( I l Ji'ldL1 Y' Title O'/er1 Corporate Seal Address je6 G Oar are 24. A // Phone 9/ 7301 i / TOWN OF- CHAPEL HILL Approved as to form and authorization: #6449/A, 4944,,i•&-D Town Attorney This instrument has been preaudited in a manner required by the Local Government Budget and Fiscal Control Act. -- . . Finance Officer RESOLUTION IN SUPPORT OF A BRITISH ISLE GATEWAY AT RALEIGH-DURHAM AIRPORT WHEREAS, the economy of North Carolina and of the Triangle Region is strongly tied to international markets; and WHEREAS, the Research Triangle Park of North Carolina is the U.S. headquarters for several major firms with parent companies in the United Kingdom employing hundreds of United Kingdom citizens; e.g. Glaxo and Burroughs Wellcome; and WHEREAS, in the Triangle Marketing Region (eleven counties) and the Eastern half of N.C. served by the Raleigh- Durham Airport are located approximately twenty five British owned firms; and WHEREAS, there exists a well staffed Customs Service at the Port of Durham, RDU Airport to process interna- tional freight and passenger flights, it is a logical next step for the Triangle area to be provided with international passenger service; NOW, THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners urgently endorses the designation of the Raleigh-Durham Airport as a British Isle Gateway. This the 16th day of September, 1986. I Don Willhoit, Chair Board of County Commissioners - ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY MN LLOYD SS„C EYE TARP.,..,_ NORMAN WALKER DON WII.LHOIT - - September 22, 1986 The Honorable Bill Hendon House of Representatives 115 Cannon Building Washington, DC 20515 Dear Sir: The Orange County Board f Commissioners approved at their regular meeting on September 16, 1986 the enclosed resolution which is in support a British sle Gateway at the Raleigh-Durham Airport. : Your endorser<ten of this =de- iclnatior ;3s�;"urgently needed and hereby requested _`-:Anyth riy-_-you f can do."to encourage a favorable response will be-=-a ppreciate d:. W - If you have any questions, or need additional informa- tion, please do not hesitate to contact the Chair of the County Commissioners Don Willhoit. Thank you. Very ours; Beverly A. Blythe Clerk /bab File attachment ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY - BEN LLOYD W R EY E.MARSHALL. NORMAN WALKER DON WILLHOIT September 22, 1986 The Honorable Jesse Helms United States Senator 402 Dirksen Building Washington, DC 20510 Dear Sir: The Orange County Board of Commissioners approved at their regular meeting on September 16, 1986 the enclosed resolution which is in support'=- f a British Isle Gateway at the Raleigh-Durham Airport. Your endorsement this olesignation_f ,gently needed favorableyresponse�wll beya��recatecicanc�a ,' encourage a and hereby re u �` ' o,, . If ou have any questions, or need additional informa- tion, please do not hesitate to contact the Chair of the County Commissioners Don Willhoit. Thank you. Very truly yours, Beverly A. Blythe Clerk /bab File attachment • • ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY BEN LLOYD M ORLEY E MAREHALLL NORMAN WALKER DON WTL_HOIT September 22, 1986 Avery Upchurch, Chairman Triangle J Council of Governments 100 Park Drive P.O. Box 12276 Research Triangle Park, NC 27709 Dear Mr. Upchurch: The attached resolution was adopted by the Orange County Board of Commissioners at their meeting held on September 16, 1986. Copies were sent as directd in your letter dated August 29, 1986. If there is anything f her Orange y can do in support of this ndeavor let us 15p9r�a"� ° - -� Thank y = l ';, ��hoc �w qy�. 'w{y p. ''. !,77#:514,, ,7„,,„4- p',,,?-;-.7L-' �L{4F4, #My�&� eµ J 9i4 M'. .:le ',. Mai ' YJ : .i r , ' i9c - `=i. a . /bab File I Attachment i 4°' TRIANGLE J COUNCIL OF GOVERNMENTS `1 100 PARK DRIVE P.O. BOX 12276 RESLARUII TRIANGLE PARK, N.C. 27709 19101 549-0551 August 29, 1986 TO: Board of Delegates City and County Managers FROM: Avery Upchurch, Chairman SUBJECT: Resolution in support of British Isle Gateway at Raleigh Durham Airport The Board of Delegates, at its August 27 meeting, approved the attached resolution for distribution to local governments for their consideration. It is being forwarded to U.S. Transportation Secretary Elizabeth Dole, all members of the North Carolina Congressional delegation and to the President. We believe that similar resolutions from local governments in the Region will be important in this effort. If your council or commission wishes to pass such a resolution please forward it to the same individuals and to the COG. A list of names and addresses is also attached for you convenience. cc: Economic Strategies Committee Members Triangle Marketing Committee Members Port Retention Task Force Attachments \ l'12 � I 2 • Ok-e 1 )11--A-L-/ify,1 z ' , 4 / o I APEX • BENSON • BROADWAY • (ARRHORO • ( ARY • ( IIAI'I I 1111 I lb ('LAY1ON • DURHAM • I OUR OAKS • I UQUAY-VARIXA • GARN1 I( GOI.USTON • 1111.1SBOROUGII • DOLLY SPRINGS • KE NI 1 • KNI(:IIII): I I MICRO • h1UR OLLSVI . • PINE 1N.I Ol. • PIT'slim() • I'RI\l l ION kALI.IGII • ROl_l_S1'IL_LE: • SANIORI) • SI 1.11:1 • till I R l'lll' 111 S!(1I'IiIIIE:LU • WAKE FOREST • %VI.N1►11.1 • 71111'1 ON ('IIATIIAM COUNTY • DURHAM COUNTY • JOHNS-ION ('Ol'N I ,j) LEE COUNTY • ORANGE COUNTY • WAKE ('Ol'N'1 Y V TRIANGLE J COUNCIL OF GOVERNMENTS 100 PARK DRIVE P.O. BOX 12276 RISI•.AR('II TRIAN(;1..1: I'ARK.N.C. 27709 ('119)49.0551 • RESOLUTION IN SUPPORT OF A BRITISH ISLE GATEWAY AT RALEIGH-DURHAM AIRPORT WHEREAS, the economy of North Carolina and of the Triangle Region is strongly tied to international markets; and WHEREAS, the Research Triangle Park of North Carolina is the U.S. headquarters for several major firms with parent companies in the United Kingdom- employing hundreds of United Kingdom citizens; e.g. Glaxo and Burroughs Wellcome; and WHEREAS, in the Triangle Marketing Region (eleven counties) and the Eastern half of N.C. served by the Raleigh-Durham Airport are located approximately twenty five British owned firms; and WHEREAS, there exists a well staffed Customs Service at the Port of Durham, RDU Airport to process international freight and passenger flights, it is a logical next step for the Triangle area to be provided with international passenger service; • NOW THEREFORE BE IT RESOLVED, that the Triangle J Council of Governments, comprised of thirty-three local governments in the Triangle Region urgently endorses the designation of the Raleigh-Durham Airport as a British Isle Gateway. Avery pch/ 'h, Chairman of Date Triangle J Council of Governments • API'.X • 111-NSON • IiRUAI)R'AY • ('ARKIIORO • ('ARY • C HAI'l l 11111. Otri7 CLAYTON • DURHAM • 1-OUR OAKS • I UQL'AY-VARINA • (:ARNI K G(1.I SION • II11.1-SIIOROUGII • HOLLY SPRINGS • kI Kl l • I:NI(;II111:\I 1' MICRO • MORRISVII.LI: • PIN", 1.1-v11. • Pi'riS1(()RO • PRIN('1 ION RALEIGH • KOI-I-SVILLI: • SANI ORII • SI I.\1:\ • S111 K ( I I1' SMITHFIELD • WAKI•- IORIST • WI.Nlil I1 • /1111'10N CHATHAM COUNTY • I)URIIAMI COUNTY • JOHNSTON COMP.' IIIAL/41 LI.1. COUNTY • °RANGI. ('OLIN"!1' • V.AK1 l•OL•\I l' August, 1986 NORTH CAROLINA DELEGATION 99TH CONGRESS • UNITED STATES SENATORS Jesse Helms (R) 402 Dlrksen Building, Washington, DC 20510 202-224-6342 James (R) 825-A Hart Building, Washington, DC 20510 Broyhill 202-224-3154 UNITED STATES HOUSE OF REPRESENTATIVES, • District 1 Walter B. Jones (D) 241 Cannon Building, Washington, DC 20515 202-225-3101 2 J.T. "Tim" Valentine, Jr.(D) 110 71_ongworth8uilding, Washington, DC 20515 202-225-453i 3 Charles O. Whitley (D) 104 Cannon Building, Washington, DC 20515 202-225-3415 4 Bill Cobey (R) 510 Cannon Building, Washington, DC 20515 202-225-1784 5 Stephen L. Neal (D) 2463 Rayburn Building, Washington, DC 20515 202-225-2071 6 Howard Coble (R) 1338 Longworth Building, Washington,DC 20515 202-225-3065 7 Charlie Rose (D) 2230 Rayburn Building, Washington, DC 20515 . 202-225-2731 8 W. C. (Bill) Hefner (0) 2161 Rayburn Building, Washinnton,DC 20515 202-225-3715 9 J. Alex McMillan (R) 507 Cannon Building, Washington, DC 2051$ 202-225-1976 10 VACANT 11 Bill Hendon (R) 115 Cannon Building, Washington, DC 20515 202-225-6401 STATE OF NORTH CAROLINA AMENDMENT TO COUNTY OF ORANGE AGREEMENT FOR CONSULTANT SERVICES This Amendment, made and entered into by and between the Town of Chapel Hill, herein "Town" and Orange County for services as hereinafter described within the Town of Chapel Hill. WITNESSETH That for and in consideration of the mutual promises conditions set forth below, the Town and Consultant agree to the following amendments to the Agreement for Consultant Services dated May 28, 1986: 1 . A. DUTIES OF CONSULTANT Amend A. 8. by inserting a new second sentence in the second paragraph: "The Housing Finance Agency has a deadline for the Town to encumber fifty percent (50%) of its FY 1985 allocation of $75, 000 ($37, 500 encumbered) by September 30, 1986." 2. C. FEE SCHEDULE Amend C. 1 . by deleting the second sentence in its entirety, and inserting a new second sentence: "This agreement covers a maximum of 23 units, for a total not to exceed $18,400 . " This the /5 day of September, 1986. CONSULTANT By Attest i`-"7, _ 4( Title (f Aar 11r► Title 63.4 Corporate Seal Address h16 £ /f/ar ¢ � Phone ( '1J 73g-fa/ TOWN OF CHAPEL HILL Approved as to form and authorization: " �ttorne Attorney This instrument has been preaudited in a manner required by the Local Government Budget and Fiscal Control A t. e? 70,P //4T44 - " Finance Officer ORIGINAL SECTION 0021 FORM OF CONSTRUCTION CONTRACT THIS AGREEMENT, made the 19th day of August in the year of 1986 by and between Process Plumbing and Piping, Inc. , P.O. Box 25188, Raleigh, North Carolina, hereinafter called the Contractor and the Orange County hereinafter called the Owner. WITNESSETH: That the Contractor and the Owner for the consideration herein named agree as follows: 1. Scope of Work: The Contractor shall furnish and deliver all the materials, and perform all of the work in the manner and form as provided by the following enumerated plans, specifications and documents, which are attached hereto and made a part thereof as if fully contained herein: Advertisement, Instructions to Bidders, General Conditions, Supplementary General Conditions, Specifications, Accepted Proposal, Contract, Worker's Compensation, Public Liability, Property Damage and Builder's Risk Insurance Certificates, and Drawings, entitled: Carr Building Renovation Consisting of the following sheets: A1.1, A2.1, A2,2, A3.1, A4.1, A5.1, Ml, P1, SW1, SW3, SW4, SW5 Dated: and the following addenda: Addendum No. _1 Dated 6-19-86 Addendum No. Dated Addendum No. Dated _ Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated 2. That the Contractor shall commence work to be performed under this Agreement on a date to be specified in a written order of the Owner and shall fully complete all work hereunder within 180 (One Hundred Eighty) consecutive calendar days from said date. For each day in excess thereof, liquidated damages shall be as stated in Supplementary General Conditions. The Contractor, as one of the consider- ations for awarding of this Contract, has furnished to the Owner a construction schedule setting forth planned progress of the building broken down by the various divisions or part of the work and by calendar days. In the event that the progress of the work is not maintained on schedule by the Contractor, or in the event the work is not completed within the time above specified, the Owner may upon fifteen (15) days notice, sent by Registered Mail, to the Contractor declare this Contract in default, and, thereupon, the Owner shall have the right to let the work remaining to be done to some other Contractor, either by public letting or negotiation, and thereupon the Contractor, shall forthwith pay the Owner all increase in cost or loss and damage which it may sustain on account of such default on the part of the Contractor. 3. The Owner hereby agrees to pay to the Contractor for the faithful performance of this Agreement, and the payment of all sums due for labor and materials in lawful money of the United States, fifteen thousand nine hundred dollars ($15,900) . Owner hereby agrees to assume liability, obligations and duties of a surety as provided in N.C. General Statutes, Section 143-129 and Article 3 of Chapter 44A of the North Carolina General Statutes. The obligation of Owner as surety as described herein is, however, limited in amount to $15 ,900 as prescribed by law. Summary of Contract Award: 4. The Owner will accept from the Contractor a certified check for 100% of the contract amount in lieu of a performance bond and labor and materials bond. Said check to be deposited in bank account of the Owner and returned to the Contractor with interest upon completion, final inspection and acceptance of the Carr Building Renovation by the Owner. Interest to be paid at a rate equal to the monthly average paid on county funds in its time-open account. 5. Within thirty (30) days after the following events have occurred, payment of the contract price of $15,900 shall be made: 1. ) Submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the construction of the work have been paid in full , 2. ) Contractor has completed all work covered by this Agreement and 3. ) Owner has accepted the work . 6. It is further mutually agreed between the parties hereto that if at any time after the execution of this Agreement the Owner shall deem for any reason, that Bonds or instruments submitted in lieu of said bonds, cease to be adequate to cover the performance of the work , the Contractor shall, at its expense, within five (5) days after the receipt of notice from the Owner so to do, furnish an additional Bond or certified check in such form and amount, and with such Surety or Sureties as shall be satisfactory to the Owner. In such event no further payment to the Contractor shall be deemed to be due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to the Owner. 7. The bonding and payment terms set forth in this Agreement are in lieu of bonding and payment requirements as stipulated in the specifications. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and date first above written in _ counterparts, each of which shall without proof or accounting for other counterparts, be deemed an original Contract. Witness: /Q/^fJ C��� P/..-,L) /14 Gj i�'1` Contractor: (Trade or Corr orate Nie) _ BY: -,—L (Proprietorship or Partnership) Attest: (Corporation) Title: (Owner, Partner, or Corp. Pres or Vice Pres. only) By: _ Title: (Corp. Sec. or Ass't. Sec. only) (CORPORATE SEAL) ORANGE COUNTY BOARD OF COMMISSIONERS Witne s: By: ( t tk Title: A.ltt�,, APPROVED OCTOBER 6, 1986 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING AND CONTINUED MEETING SEPTEMBER 16, 1986 The Orange County Board of Commissioners met in regular session to consider regular agenda items and in continued session to consider those items continued from the August 25, 1986 joint quarterly meeting between the Board of Commissioners and the Planning Board. The meeting was held at 7 : 30 p.m. in the Courtroom of the old Post Office, Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Chair Don Willhoit and Commissioners Shirley Marshall, Moses Carey, Jr. , Ben Lloyd and Norman Walker. PLANNING BOARD MEMBERS PRESENT: Chair Barry Jacobs, and members Chris Best, Betty Margison, Steve Yuhasz, Sharlene Pilkey and Peter Kramer. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers Albert Kittrell and William T. Laws, Clerk to the Board Beverly Blythe, Administrative Secretary Joanna Bradshaw, Director of Planning Marvin Collins and Planner Brad Torgan. Chair Willhoit moved items "C" Appointments and "D" Minutes to the end of the agenda. A. BOARD COMMENTS Chair Willhoit acknowledged receipt of a letter from Mayor Porto, Mayor of Carrboro extending an invitation to the Board of Commissioners to a dinner with the Chapel Hill Town Council to discuss major issues in Joint Planning and the watershed. The meeting will be held on October 7 at 6: 30 with the meeting place still to be determined. Chair Willhoit added to the agenda a resolution which the Orange County Planning Board adopted last evening asking that water and sewer lines not be extended into the University Lake Watershed until a long range policy can be developed in that regard. Commissioner Lloyd asked that two items on the public hearing agenda, namely, the text amendment dealing with mobile homes and the inspection fee schedule be left open to receive further comments at the next regular meeting in Hillsborough. Chair Willhoit remarked that public comments on these two items would be heard and that the public hearing on these two items would be continued as requested by Commissioner Lloyd. B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Chair Willhoit announced that those who would like to make comments on water related matters may do so at the time that item is discussed. 2 . MATTERS NOT ON THE PRINTED AGENDA None. immmm 2 E. PROCLAMATIONS/RESOLUTIONS Motion was made by Chair Willhoit, seconded by Commissioner Walker to proclaim the Week of September 21-27 as Emergency Medical Services Week. EMERGENCY MEDICAL SERVICES WEEK A PROCLAMATION WHEREAS, Governor James G. Martin has proclaimed the week of September 21-27, 1986, as Emergency Medical Services Week in North Carolina, and WHEREAS, the dedicated employees of the Emergency Medical Services provide professional, life-saving care to the citizens of our County and persons in needs from other areas of our Country, and WHEREAS, the devoted volunteers provide basic and advanced care to sick and injured persons in our County through their many unselfish hours of training and service, and WHEREAS, the citizens of Orange County have unanimously supported the Emergency Medical Services through both taxes and generous donations, now THEREFORE, the Orange County Board of Commissioners does hereby proclaim the week of September 21-27, 1986, as Emergency Medical Services Week and encourage all citizens of Orange County to continue to support their E.M.S. program. VOTE: UNANIMOUS. 2 . BRITISH ISLES GATEWAY AT RALEIGH DURHAM AIRPORT Motion was made by Chair Willhoit, seconded by Commissioner Marshall to approve a resolution in support of a British Isle Gateway at the Raleigh-Durham Airport. RESOLUTION IN SUPPORT OF A BRITISH ISLE GATEWAY AT RALEIGH-DURHAM AIRPORT WHEREAS, the economy of North Carolina and of the Triangle Region is strongly tied to international markets; and WHEREAS, the Research Triangle Park of North Carolina is the U.S. headquarters for several major firms with parent companies in the United Kingdom employing hundreds of United Kingdom citizens; e.g. Glaxo and Burroughs Wellcome; and WHEREAS, in the Triangle Marketing Region (eleven counties) and the Eastern half of N.C. served by the Raleigh-Durham Airport are located approximately twenty five British owned firms; and WHEREAS, there exists a well staffed Customs Service at the Port of Durham, RDU Airport to process international freight and passenger flights, it is a logical next step for the Triangle area to be provided with international passenger service; NOW, THEREFORE BE IT RESOLVED, that the Orange County Board of Commissioners urgently endorses the designation of the Raleigh-Durham Airport as a British Isle Gateway. VOTE: UNANIMOUS. REPORT GIVEN BY JOHN WRAY OF THE NORTH CAROLINA DIVISION OF WATER RESOURCES John Wray gave a report about the drought situation. He noted that because of the rain received in August that the water supply has increased. After considerable evaluation the yield before going into the drought exceeded 3mgd and the draft was 3 .25mgd. There is an allowance for Piedmont Minerals and there are still items to be resolved in 3 northern Orange County in terms of some of the stream losses below Lake Orange before it gets to Corporation Lake. During extreme drought periods a significant percent of the water is lost from evaporation and transpiration and other means from Lake Orange to Corporation Lake. He noted that the OWASA operating scheme is not set forth in detail in terms of how they operate their system when pumping is done from Cane Creek and the quarry. Based on the model done by the Division of Water Resources the yield from the OWASA system during the critical drought of records is 6.2mgd. It means that both north and south Orange County without system modifications or outside water import would have problems in a very severe drought. In terms of comparison, without modifications to the northern Orange or a drawdown system with the percentage of time above 30% storage, the Eno system would be about 93% in October and 82% in December. He further explained that 82% of the time it would be greater than 30% full and 18% of the time less than 30% full. This does not include the steam loss. The OWASA system would be 94% for October and 88% for December on a 30% basis. With the modifications in the Eno system the percentage would increase to 99% for October and 96% for December. Because OWASA can bring in 2mgd from Durham, the stress would be in the northern end of the County without any water supplement. He mentioned that all ordinances should be reviewed and modified with serious consideration given to the optimization of the OWASA system in terms of fine tuning their operation and determining how best yields could be operated from that system. To date, this has not been done but should be as soon as possible. There are some problems experienced on the Eno River downstream which need to be resolved. In summation Mr. Wray asked that consideration be given to balancing the increased growth with the increased yield so that the systems can be improved. There is the need for a consensus to resolve a number of things and in particular in the northern part of the County in terms of water resources. Commissioner Marshall asked about the stage one triggering level of 90% and John Wray indicated that this triggering point is addressed in the revised table that will be voted upon later in the meeting. He will continue to work with the County Administrators especially in terms of operating the system. Commissioner Lloyd asked Wray to explain his statement about problems in the northern end of the County. Wray explained the problem had to do with the stream gauge showing the water at a lower level than the Ordinance recommended. His office had received several letters of complaint about the situation. Based on past experience and studies, he would suspect some damage to aquatic life during this period. Commissioner Lloyd asked Wray to comment on the possibility of not using Lake Orange as the sole triggering point for enacting the various stages of the Water Ordinance. Wray indicated there had been times, particularly before Lake Ben Johnston and Corporation Lake were drawn down, where a spilling took place and where the rules could have been relaxed. However, as soon as the spilling stopped, the optimum water yield would be that it would have to go back to that specified in the Ordinance. Commissioner Lloyd explained the spillage that took place at both Lake Ben Johnston and Corporation Lake in August. John Wray noted that the average flow is 4mgd. In answer to a question from Chair Willhoit Wray explained that any system has downstream and upstream users. Some release would provide for some utilization for upstream and downstream users. G. WATER RELATED MATTERS 4 . WATER SUPPLY STATUS AND ORDINANCE REVISIONS Chair Willhoit explained that the proposed revisions to the Water 4 Conservation Ordinance reverts back to the original action levels with the first being 80% instead of 90%. With the approval of these revisions, the mandatory restrictions would be lifted and the voluntary measures enacted. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to adopt the modifications to the drought management plan with the stipulation that the County review the ordinance with the Division of Water Resources within six (6) months in preparation of any problems in 1987. Commissioner Lloyd expressed disapproval for maintaining in the Ordinance the use of Lake Orange as the sole triggering device to activate the stages and also for maintaining an instream flow of l.lmgd. He proposed that the Ordinance be amended to include in the section that states "in the event the water level of Lake Orange climbs to a stage 3 elevation of water below Lake Orange spillway in feet" insert and if Corporation Lake and Lake Ben Johnston fall two feet or more below their spillway level with no release from Lake Orange. Commissioner Walker seconded this proposed change in the Ordinance. VOTE ON THE AMENDMENT: AYES, 2 (Commissioner Lloyd and Walker) ; NOES, 3 (Chair Willhoit and Commissioners Marshall and Carey) . VOTE ON THE MAIN MOTION: UNANIMOUS. Commissioner Marshall requested that at the same time the Ordinance is reviewed that the problem of the water going over Corporation Lake and Lake Ben Johnston and the possible ways that can be handled without going in and out of stages be reviewed. Commissioner Lloyd asked that this be reviewed now instead of waiting six months. The County Manager indicated that a study had been completed and the recommendation is against any compensation or change because of the size of the two impoundments and the fact that they must be manually operated during drought periods. Chair Willhoit indicated that based on the recommendations of the State and the County Manager and the vote of the Board of Commissioners, there does not appear to be a willingness to review this item at this time. 1. TOWN OF HILLSBOROUGH RESOLUTION (A copy of the letter and the resolution is on file in the permanent agenda file in the Clerk's office) Mayor Sheffield presented and read a joint request on behalf of Hillsborough and the Orange Alamance System. The two entities requested that Lake Orange be raised by two feet. The resolution requested that a study and selection of a site for a new reservoir be done immediately. Marshall Spears spoke on behalf of a group of Lake Orange property owners. He noted that a number of people who own property around Lake Orange have used the 615 level as that which would be established for Lake Orange. He indicated that to go beyond the 615 level would mean condemnation which is expensive and time consuming. He emphasized that the overall technical problems needs to be addressed before the Lake can legally be raised two feet. The concerns as expressed by Mayor Sheffield and outlined in the joint letter were referred to the County Manager. 2. RESERVOIR SITE COMMITTEE (A complete narrative of the composition, charge and timetable is in the permanent agenda file in the Clerk's office) . Chair Willhoit presented for approval the composition, charge and 5 timetable for a Reservoir Site Committee. Commissioner Marshall made reference to the need statement and asked that the John R. McAdams report not be reviewed by the committee since the report was not accepted by the Board of Commissioners. Chair Willhoit indicated the work plan would be done by Hazen and Sawyer and would not include that particular report. After further discussion it was decided that the Planning Board and the Board of Commissioners would have the opportunity to review the information as it is developed by Hazen and Sawyer and that the charge would be revised at the time the contract is brought back for approval. Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to establish a Reservoir Site Committee with the charge, composition and timetable as outlined and to authorize that a contract be developed and brought back at the next meeting for engineering services to be provided by the firm of Hazen and Sawyer, consulting engineers, based on its prior proposal and statement of fees. VOTE: UNANIMOUS. 3 . LONG RANGE WATER MANAGEMENT STRATEGY COMMITTEE (A complete narrative of the composition, charge and timetable is in the permanent agenda file in the Clerk's office) . Chair Willhoit proposed that a Long Range Water Management Strategy Committee be formed to identify alternatives and develop recommendations. Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to approve the establishment, charge and composition of this Committee with a report suspense date of 180 days from the date of this action. VOTE: UNANIMOUS. H. PUBLIC HEARINGS The Public Hearing was called to order. A quorum call was requested. As there was not a quorum, the public hearing was continued to October 6, 1986. I. ITEMS FOR DECISION - CONSENT AGENDA Commissioner Carey removed item #2 "Transportation Lease Agreement with C.A.T. Agencies" for separate consideration. The County Manager recommended the following action by the Board: 1. PLANNER III - HIRING RATE To approve a higher than entry level salary for an applicant for the position of Planner III (current) . 3 . TRANSPORTATION DRIVER PROVISION AGREEMENT WITH C.A.T. AGENCIES To approve a driver provision agreement with Orange Enterprises and OPC Mental Health Center who are part of the Orange County Transpor- tation Development Plan. 4. RENTAL REHABILITATION AGREEMENT To amend the Agreement for Consultant Services with the Town of Chapel Hill to provide housing rehabilitation services for the Rental Rehabilitation program and authorize the Chair to sign. 5. LEGAL SERVICES FOR THE CHILD SUPPORT ENFORCEMENT PROGRAM To continue the contract for the legal services of Coleman, Bernholz, Dickerson, Bernholz, Gledhill and Hargrave for the Child Support Enforcement Program through June 30, 1987. 6. PUBLIC HEARING - CHANGES IN THE WHITE CROSS FIRE DISTRICT To set October 6, 1986 for a public hearing on the petition to remove a portion of the White Cross Fire District and to add this area to the South Orange Fire District. 6 7. LAND RECORDS MANAGEMENT PROGRAM To accept an $8,000 grant from the State Land Records Management Program and authorize the Chair to sign Land Records Management Program State and County Agreement. Motion was made by Commissioner Marshall, seconded by Commissioner Carey that the forgoing action be taken by the Board. VOTE: UNANIMOUS. 2 . TRANSPORTATION LEASE AGREEMENT WITH C.A.T. AGENCIES Motion was made by Commissioner Marshall, seconded by Chair Willhoit to approve the vehicle lease agreements with C.A.T. agencies (JOCCA, OCCHS, and Orange Enterprises) effective October 1, 1986 through June 30, 1987 and authorize the Chair to sign on behalf of the Board. VOTE: AYES, 4; ABSTENTION, 1 (Commissioner Carey) . J. ITEMS FOR DECISION 2. ZONING ORDINANCE VIOLATION Director of Planning Marvin Collins presented for consideration a request to authorize the County Attorney to initiate legal proceedings for a zoning violation on property owned by Central Carolina Bank & Trust Company Trustees et al of Durham, NC. All administrative procedures to address the zoning violation have been followed in accordance with Article 23 of the Zoning Ordinance. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to authorize the County Attorney to pursue legal action against CCB Trustees et al of Durham to remedy the violation and put those in violation on notice of the intent of the County to pursue remedies to correct zoning violations. VOTE: UNANIMOUS. 3 . DATE FOR THE JOINT PLANNING AREA PUBLIC HEARING It was agreed that the rescheduled date for the JPA public hearing would be set for October 13, 1986, 7: 30 p.m. in the Chapel Hill Municipal Building. 4. PLUMBING CONTRACT AWARD Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the contract as written with bonding modifications to Process Plumbing and Piping Co. , Inc. , Raleigh, N.C. , for a sum of $15,900 and to authorize the Chair to sign on behalf of the Board of County Commissioners. VOTE: UNANIMOUS. 5. EFLAND SEWER EASEMENTS Motion was made by Commissioner Marshall, seconded by Commissioner Carey to authorize the County Attorney to begin condem- nation proceedings to secure easements for the Efland Sewer Project. VOTE: UNANIMOUS. C. APPOINTMENTS CHAPEL HILL BOARD OF ADJUSTMENT Motion was made by Commissioner Marshall, seconded by Commissioner Carey to appoint Mary-Ann Minsley as a regular county appointee to the Chapel Hill Board of Adjustment. VOTE: UNANIMOUS. DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE Motion was made by Commissioner Carey, seconded by Commissioner 7 Marshall to appoint Esther Haithcock to this committee. VOTE: UNANIMOUS. ORANGE COUNTY COMMISSIONER REPRESENTATIVE ON THE TJCOG TELEPHONE COMMITTEE Chair Willhoit offered and accepted the responsibility of serving on the Triangle J Telephone Committee. D. MINUTES Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the minutes for September 2, 1986 as corrected. VOTE: UNANIMOUS. ADDED ITEM - RESOLUTION FROM THE PLANNING BOARD Planning Board Chair Barry Jacobs introduced and explained the resolution as approved by the Planning Board. The resolution is in response to the current situation regarding the extension or nonextension of water and sewer lines in the University Lake Watershed. The resolution is stated below: RESOLUTION OF THE ORANGE COUNTY PLANNING BOARD REGARDING WATER/SEWER EXTENSION POLICIES IN UNIVERSITY LAKE WATERSHED WHEREAS, there is disagreement among Orange County and Chapel Hill, and Carrboro regarding policies for the extension of water and sewer services into University Lake Watershed; and WHEREAS, OWASA is considering a study of Cane Creek and University Lake watersheds in view of development to date and changes in Federal water policy; and WHEREAS, OWASA is to consider a recommended interim policy which states that each jurisdiction should follow its own policies related to water and sewer extensions until the water study is completed; and WHEREAS, the water study proposed by OWASA may take as much as a year to complete; and WHEREAS, divergent policies may result in water and/or sewer extensions into University Lake Watershed during the interim period; NOW, THEREFORE, BE IT RESOLVED that the Orange County Planning Board does hereby request the Board of County Commissioners to address the Board of Aldermen of the Town of Carrboro and ask them to hold in abeyance any plans and/or proposed ordinance amendments which would allow extensions of water/sewer service into University Lake Watershed and to adhere to the Orange County policy of restricting such extensions except in emergency situations until OWASA completes the water study and a decision is made regarding the most appropriate policy to follow. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to adopt the resolution and that copies be sent to the Orange County appointees on the OWASA Board asking them to take into consideration the content and support the resolution. VOTE: UNANIMOUS. CONTINUATION OF THE JOINT PUBLIC HEARING Motion was made by Commissioner Carey, seconded by Chair Willhoit to continue the Joint Public Hearing to October 6 and place the public A 8 hearing items on the agenda first. VOTE: UNANIMOUS. K. ADJOURNMENT With no further items to come before the Board, Chair Willhoit adjourned the meeting. The next regular meeting will be held on October 6, 1986 at 7: 30 p.m. in Superior Courtroom, Hillsborough, North Carolina. Don Willhoit, Chair Beverly A. Blythe, Clerk ayiO4,144_ 4(p.a.;,,,Ak,//6 f 6 1 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING SEPTEMBER 2, 1986 The Orange County Board of Commissioners met in regular session on Tuesday, September 2, 1986 at 7:30 p.m. in the Board of Commissioners' Room, Orange County Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Don Willhoit and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers Albert Kittrell and William Laws, Finance Director Gordon Baker, Deputy Finance Officer Ken Chavious, Clerk to the Board Beverly A. Blythe, and Director of Planning Marvin Collins. A. BOARD COMMENTS Commissioner Lloyd asked to add an item regarding the Water Conservation Ordinance. B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA None. 2 . MATTERS NOT ON THE PRINTED AGENDA None. C. APPOINTMENTS ORANGE COUNTY BOARD OF ADJUSTMENT Motion was made by Commissioner Carey, seconded by Commissioner Marshall to appoint Elizabeth Shoemaker to the Board. VOTE: UNANIMOUS. Commissioner Lloyd nominated Everett Kennedy. Commissioner Carey nominated Doug Champion. VOTE: DOUG CHAMPION -3 (Commissioners Willhoit, Marshall and Carey) EVERETT KENNEDY -2 (Commissioners Lloyd and Walker) D. MINUTES Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the minutes for June 19, 1986 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the minutes for July 8, 1986 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the minutes for the July 10, 1986 continued meeting as circulated. VOTE: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the minutes for the July 10, 1986 Special Meeting as circulated. VOTE: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the minutes for July 23, 1986 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the minutes for July 29, 1986 as circulated. VOTE: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to approve the minutes for August 4, 1986 as circulated. 2 VOTE: UNANIMOUS. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the minutes for August 19, 1986 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the minutes for August 25, 1986 as circulated. VOTE: UNANIMOUS. E. RESOLUTIONS OF APPRECIATION 1. JOHN GASTINEAU The following resolution was presented to John Gastineau by Chair Willhoit on behalf of the Board: RESOLUTION OF APPRECIATION FOR JOHN GASTINEAU WHEREAS, JOHN GASTINEAU participated in discussions which led to the formation of the Orange County Economic Development Commission and has subsequently served on the Commission since 1983 ; and WHEREAS, JOHN GASTINEAU has served as Chairman of the Orange County Economic Development Commission since 1983 ; and WHEREAS, JOHN GASTINEAU has given freely and unselfishly of his time, talents, energy and leadership from the creation of the Economic Development Commission in 1982, through its formative first three years; NOW, THEREFORE, BE IT RESOLVED that the Orange County Board of Commissioners, through its members, Don Willhoit, Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker, does hereby express its sincere appreciation to JOHN GASTINEAU for his economic development efforts on behalf of the people of Orange County. THIS, the 19th day of August, 1986. 2 . AWARD OF FINANCIAL REPORTING ACHIEVEMENT County Manager Kenneth Thompson remarked about the significance of the "Award of Financial Reporting Achievement" . This is the fourth year Orange County has received this award which is the result of the efforts of the Finance Director and his staff. Chair Willhoit presented the plaque to Gordon Baker commending him and his staff for their hard work and continuing efforts. Baker gave credit to the members of his staff for their initiative in doing a good job. F. ITEMS FOR DECISION 1. PARTIAL WIDTH R/W -- GENE & BRENDA RAY MINOR SUBDIVISION Planning Director Marvin Collins presented for consideration a request for a partial width right-of-way of 30 feet for a distance of approximately 100 feet to serve a one lot minor subdivision. The lot is located in the Gene & Brenda Ray Subdivision. A partial width right-of- way is needed because there is an existing dwelling that could not meet the required 20 foot setback. The Planning Board recommended approval. Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to approve the Planning Board recommendation. VOTE: UNANIMOUS. 2. PD-2-86 HEARTWOOD AT BLACKWOOD MOUNTAIN Marvin Collins presented for consideration of approval a request 3 from Spence and Lyn Dickinson for a planned development rezoning and Class A Special Use Permit for 35.21 acres of land located west of Mill House Road in Chapel Hill Township. The Planning Board found the applicant not to be in compliance in the case of three specific standards. They have recommended approval of the planned development rezoning and issuance of a Class A Special Use Permit with the attachment to specific standards. Motion was made by Chair Willhoit, seconded by Commissioner Marshall that a finding of fact was made in which the Board concurred with the Planning Board finding of fact and that the three negative findings of fact are mitigated by the imposed conditions: (1) Article 8. 2 .4a negative finding is addressed by conditions 8 and 9; (2) Article 7. 14. 3c negative finding is addressed by condition 6 and, (3) Article 7. 14. 3e negative finding is addressed by condition 7. VOTE: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Commissioner Carey that a preponderance of evidence indicates compliance with the general standards, specific rules governing the specific use, and that the use complies with all required regulations and standards; it has not been found by the Board in any specific manner that: 1. The use will not promote the public health, safety and general welfare if located where proposed and developed and operated according to the plan as submitted; 2 . The use will not maintain or enhance the value of contiguous property; 3 . The use is not in compliance with the general plans for the physical development of the county as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Orange County Board of Commissioners. VOTE: UNANIMOUS. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the rezoning of the Dickinson property from R1- Residential to PD--H-R1 (35.21 Acres) as specified in the application and to approve the issuance of a Class A Special Use Permit for the proposed Heartwood at Blackwood Mountain Development subject to the 20 conditions recommended by the Planning Board. VOTE: UNANIMOUS. THE CONDITIONS ARE LISTED BELOW: 1. The grantee of this Special Use Permit shall post with Orange County, in a form acceptable to the County Attorney, a bond or letter of credit in an amount equal to the cost of all improvements (roads, utilities, pedestrian walkways) plus 10%. The amount shall be determined on the basis of full executed construction contracts or certification by a registered engineer employed by the grantee of this Special Permit. Security for construction of the improvements in this project may follow phasing in the project. Specifically, as improvements are completed in each phase a corresponding amount of money may be released from the security instruments or the security instruments may be renegotiated based on the "yet to do" portion of the improvements. 2 . Security shall be provided for the grading, paving and stabilization of all cleared areas, streets and other vehicular travelways; pedestrian walkways; erection of street signs; utilities installation and hookup; recreational facilities; and landscaping. • 4 3 . All necessary easements to permit utility (electricity, telephone) installation, servicing and hookups to the development and to each unit within the development shall be provided at no cost to the utility provider. 4. The grantee shall promulgate Articles of Incorporation governing tenancy in the development and shall record a copy of the Articles of Incorporation and Regulations promulgated under this condition in the Orange County Registry of Deeds. 5. Roads, parking areas, walkways, street signs, utilities, recreation facilities and sites, landscaping of the community center and its associated parking facility shall be maintained as constructed. All such improvements and facilities shall further be maintained and operated in a safe manner. 6. The following recommendations apply to the road and parking facilities: a. Road name signs to Orange County standards shall be erected at all intersections. b. The private Class A road serving the community center shall terminate in a cul-de-sac. The parking facility for the community center shall access off the private road, but not the cul-de-sac itself. c. 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 private road shall be subiect to a road maintenance agreement submitted to and approved by the Orange County Attorney prior to the recordation of the Final Plat. The agreement shall be recorded with the Orange County Register of Deeds. d. Sight triangles in compliance with NCDOT requirements and Article II 9 of the Orange County Zoning Ordinance shall be provided at all road intersections and shall be designated as part of the right-of-way. e. Two parking spaces meeting the dimensional requirements provided in Article 10 of the Orange County Zoning Ordinance shall be provided for each dwelling unit. The location of these items shall be approved by the Zoning Officer and shown on the revised site plan. 7. The following recommendations apply to the recreation area and facilities. a. Tot lot/playground area to include play apparatus for children, 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. b. Picnic area to include a small shelter with 3-4 tables. One (1) trash receptacle and one (1) grill per 2 tables. 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 requirements of Article 10 of the Orange 5 County Zoning Ordinance. Handicapped parking spaces shall be barrier free and identified for use by individuals with physical disabilities. The handicapped parking spaces shall be a minimum of 12 ' in width and shall be designed as follows: (1) so that handicapped individuals are not compelled to wheel or walk behind parked cars (2) so that handicapped individuals can enter and exit the .vehicle onto a level surface suitable for wheeling and walking (3) in con-function with sidewalk cut-aways and/or ramps, in compliance with the North Carolina State Building Code. d. The parking area shall be screened and landscaped in accordance with Article 12 of the Orange County Zoning Ordinance. e. Construct all walking and hiking paths with a minimum width of 4 feet and on slopes no greater than 5%. Construct all riding/hiking trails with a minimum width of 6 feet with a minimum of 2 additional feet on either side cleared of brush or vegetation and 10 feet over-head clearance. The location of these items to be approved by the Zoning Officer and shown on the revised site plan. 8. The following recommendations apply to the lot arrangement: a. Each lot platted on the Final Plat shall include the area associated with the building site and the septic tank, including the three to be located off the property subject to the rezoning/special use permit. Appropriate easements shall be platted and recorded with the Orange County Register of Deeds along with legal descriptions and easement agreements submitted to and approved by the Orange County Attorney. b. All lots shall have Health Department approval prior to the approval of the Final Plat. c. For each structure exceeding 25 ' in height an additional one (1) foot side and front setback for every two (2) feet of additional height shall be designated on the Final Plat. The location of these items is to be approved by the Zoning Officer and shown on the revised site plan. 9. 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. 10. 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 specifications, including the designation of drainage easements 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, Orange County shall inspect the installation of control devices and the on-going work for the total project. The project shall at all times meet the 6 requirements of the Orange County Soil Erosion and Sedimentation Control Ordinance. 11. Construct and maintain stormwater devices to control the peak rate of runoff from the community center and artist bungalows. The detention devices shall be designed and constructed so that the peak rate of runoff after development will not exceed the predevelopment rate for a 20 year 24 hour storm and for storms of greater intensity. 12 . Grading on the site shall be kept to a minimum. Existing vegetation shall be maintained between units. Clearing shall only be conducted for purposes of installing roads, utilities and other improvements until the improvements have been installed and the developer conveys title to the property to the individual property owners purchasing three or fewer lots. Existing vegetation shall not be removed from the area within 50 feet of the Duke Forest property line. 13 . Final landscaping plans shall be submitted and approved by the Zoning Officer prior to the effective date of the special use permit. 14 . That all signs be erected in compliance with Article 9 Signs, following issuance of a building permit and prior to the issuance of certification of Occupancy for any unit. No sign may be erected within the sight triangles for the entranceway to the development. 15. That all structures be erected in compliance with applicable building codes following application for and issuance of building permits. 16. The developer shall coordinate mail service with the Postmaster prior to the initiation of construction. 17. A final boundary survey of the Planned Development and all easements (roads, utilities, drainage, sign) shall be recorded by the developer. 18. The final site plan and narrative of the project incorporating all changes, deletions and additions through the final approval of the project are incorporated herein and made a part of this Planned Development Special Use Permit. A copy of the final site plan and narrative are on file with the Orange County Planning Department. Grading and building permits, upon application, will be issued after approval and recordation of the Special Use Permit. 19. The development shall be built and operated according to the site plan and written narrative supplied by the developer and in compliance with or fulfillment of the above conditions and the Orange County development regulations and ordinances. 20. If any of the above conditions shall be held invalid or void, then this approval shall be void and of no effect. 3 . LAKE HOGAN LAND - PRELIMINARY PLAN Marvin Collins presented for consideration of approval the preliminary plan for Lake Hogan Lane. The property is located on SR 1728 (Lake Hogan Farm Road) in Chapel Hill Township. It is bordered by agricultural and residential development and is within the Joint Planning Area which requires courtesy review from the Carrboro Planning Department. Six (6) lots are proposed out of 13 . 9 acres. The Planning Board recommended approval with the condition that the recordation of a legal document stating the unsuitability of Lot 6 for development be ii 7 recorded simultaneous with the Final Plat. Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to approve the Planning Board recommendation. VOTE: UNANIMOUS. 4. MEL-OAK PHASE II (ADDITION OF LOT 23) - PRELIMINARY Marvin Collins presented for consideration of approval a revised Preliminary Plat for Mel-Oaks Phase II subdivision. The purpose of the request is to permit the addition of Lot 23 between Lot 7 (Phase I) and Lot 22 (Phase II) on Mel Oaks Drive. The property is designated Rural Buffer and Protected Water Supply Watershed - University Lake. The Planning Board recommended approval. Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to approve the Planning Board recommendation. VOTE: UNANIMOUS. 5. DELVIN WOODS - PRELIMINARY Marvin Collins presented for consideration of approval the Preliminary Plan for Delvin Woods Subdivision. The property is located in Eno Township on the east side of Bivins Road (SR 1573) . Twenty (20) lots are proposed out of 23 .8 acres with an average lot size of 1.07 acres excluding the street right-of-way. The zoning of the property is Agricultural-Residential. The Planning Board recommended approval contingent upon the condition that dedication of a 50-foot public right- of-way along the northern boundary line of lot #11 which will extend from Delvin Lane to the eastern property line. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the Planning Board Recommendation. VOTE: UNANIMOUS. 6. MANOR HILL SUBDIVISION (PHASE II) - PRELIMINARY Marvin Collins presented for consideration of approval the Preliminary Plan for Manor Hill Subdivision - Phase II. The property is located in Chapel Hill Township on the west side of Mill House Road (SR 1725) . Three lots are proposed out of 12.23 acres with an average lot size of 1.99 acres excluding the street right-of-way. The zoning of the property is R-1 Residential, and the Land Use Plan designation is Rural Buffer. The Planning Board recommended approval subject to the following conditions: 1. Flatten the curve on Manor Drive where it intersects with Manor Hill Court in order to accommodate a road alignment which meets NCDOT minimum horizontal alignment criteria. 2 . Assign a lot number to the reserved area indicated on the Plan. The lot number shall be consistent with the existing numerical system. Motion was made by Commissioner Lloyd, seconded by Commissioner Walker to approve the Planning Board recommendation. VOTE: UNANIMOUS. 7. ACRES OF NEW HOPE: DIVISION OF LOT 31 OF SECTION 5 - PRELIMINARY PLAN Marvin Collins presented for consideration of approval of the Preliminary Plan for the division of Lot #1 - Acres of New Hope, property of Robert Chandler, II. The property is located on Seminole Trail in Chapel Hill Township. It is bordered by residential development. The tract is designated as Rural Residential on the Land Use Plan. Two (2) lots are proposed out of 4.01 acres. The property is zoned Rural Residential. The Planning Board recommended approval. Motion was made by Commissioner Lloyd, seconded by Commissioner 8 Carey to approve the Planning Board recommendation. VOTE: UNANIMOUS. 8. MORELAND - PRELIMINARY PLAN Marvin Collins presented for consideration of approval the Preliminary Plan for Moreland Subdivision. The property is located in Cheeks Township on SR 1343 (Doe Run Road) Nine (9) lots are proposed out of a 9. 61 acre tract. The tract is designated as Agricultural Residential on the Land Use Plan. The Planning Board recommended approval subject to lot 5 being designated of restricted development potential since a septic system cannot be located on this lot and deletion of the septic easement on lot 6 for lot 5. After further discussion and comments from Planning Board Chair Barry Jacobs and developer Paul Kempa on the condition placed on the approval by the Planning Board, motion was made by Chair Willhoit, seconded by Commissioner Walker to approve the Preliminary Plan subject to the lot lines being redrawn to provide for the minimum lot size of 40, 000 square feet and that the septic field for each lot hie ' maintained within that 40, 000 square feet. VOTE: UNANIMOUS. 9. PINE FOREST - PRELIMINARY PLAN Marvin Collins presented for consideration of approval the Preliminary Plan for Pine Forest Subdivision. The property is located in Eno Township on SR 1567 (Pleasant Green Road) . Two lots are proposed out of an 85 acre tract. One lot is proposed to be 1. 6 acres and the other lot 1.55 acres. The area is designated Agricultural Residential in the Land Use Plan. The Planning Board recommended approval. Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to approve the Planning Board recommendation. VOTE: UNANIMOUS. 10. RED HILL ESTATE - PRELIMINARY Marvin Collins presented for consideration of approval the Preliminary Plan for Red Hill Estate Subdivision. The property is located in Little River Township along the south side of Bill Poole Road (SR 1536) at the intersection. Eight (8) lots are proposed out of 14.82 ' acres with an average lot size of 1.85 acres excluding the right-of-way. The property is located in an area designated Agricultural Residential in the Land Use Plan. The Planning board recommended approval subject to the following conditions: 1. that the property lines stop on the right-of-way lines for Bill Poole Road and Hopkins Road, and 2. that any power line easement be shown. Motion was made by Commissioner Lloyd, seconded by Commissioner Marshall to approve the Planning Board recommendation. VOTE: UNANIMOUS. 11. TIME EXTENSION - ANIMAL SHELTER Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to extend the contract period for the animal shelter renovation to October 16, 1986. VOTE: UNANIMOUS. 12. CHANGE ORDER FOR HOLT CONSTRUCTION - ANIMAL SHELTER 13. CHANGE ORDER FOR ACME PLUMBING AND HEATING - ANIMAL SHELTER Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve two change orders to cover the cost of a counter top at $167. 00 and a sink at $90. 00. VOTE: UNANIMOUS. 9 ADDED ITEM AMENDMENT TO THE WATER CONSERVATION ORDINANCE Commissioner Lloyd made reference to the fact that the Ordinance only alludes to Lake Orange and does not consider the water level of Lake Ben Johnston and Corporation Lake. He noted that the two impoundments are full and running over the dam. He suggested that Article 3B in the Ordinance be amended to indicate that in the event the water level of Lake Orange declines to a stage III elevation of water below the spillway and if Corporation Lake and Lake Ben Johnston fall two feet or more below their spillway level without any release from Lake Orancre a stage III water shortage WARNING shall be deemed in effect. Commissioner Marshall suggested this situation be referred to John Wray and the Division of Water Resources for their response. Ken Thompson noted that the true water volume is not known for Corporation Lake and Lake Ben Johnston. Chair Willhoit suggested that a way to lift the restrictions when Lake Orange is below 24" may be to add an amendment that would provide for the lifting of the restrictions if Lake Ben Johnston and Corporation Lake is at 100% and the instream flow requirement is being met. Discussion ensued on the Stage III restrictions and the possibility of removing the restrictions for car wash establishments from the Ordinance for now until a response can be received from the Division of Water Resources. Ken Thompson indicated he would rather the Ordinance be maintained as is until a report is received from John Wray. Lake Orange is a large impoundment while Lake Ben Johnston and Corporation Lake are small impoundments. The County Manager was requested to submit a recommendation to the Board at their next regular meeting. G. ADJOURNMENT With no further items for the Board to consider, Chair Willhoit adjourned the meeting. The next regular meeting will be held on Tuesday, September 16, 1986, 7:30 p.m. in the Courtroom of the old Post Office, Chapel Hill, North Carolina. Don Willhoit, Chair Beverly A. Blythe, Clerk