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Agenda - 11-03-1986
ORANGE COUNTY BOARD OF COMMISSIO ERs AGENDA REGULAR MEETING MONDAY, NOVEMBER 3, 1906 7:30 P.M. SUPERIOR COURTROOM HILLSBOROUGH, N.C. A. :OARD COMMENTS B. AUDIENCE COMMENTS 1. Matters on the Printed Agenda 2 . Matters not on the Printed Agenda C. MINUTES PAGE # D. PU:,LIC HEARINGS 002 1. Proposed Amendments--Inspection Fee Schedule E. REPORTS 003 1. Tail Report F. ITEMS FOR DECISION--CONSENT AGENDA (Any item may be removed for separate consideration) 010 1. Lease Agreement--Duplicating Equipment 016 2 . Lease Agreement Renewal--Soil and Water Conserva- tion Office 018 3. Soil and Erosion Control Contract 044 4. Budget Amendment 046 5, Appraisal Services Contract 047 6. Emergency Aid and Assistance Certificate G. ITEMS FOR DECISION 053 1. Proposed Zoning Ordinance Text Amendments (1) Design Standards--Existing Mobile Home Parks (2) Off-Street Parking (Handicapped Parking Facili- ties) 071 2. Raw Water Storage Elevation at Lake Orange 002 3. Proposed Amendments--Inspection Fee Schedule 078 4. Partial Width R/W--Evelyn Terrell Minor Subdivision 086 5. Partial Width /W--Jack Gates Subdivision 099 6. Creek Side Subdivision Preliminary Plan 109 7. Mel-Oak Estates Phase 4--Preliminary Plan 118 8. Homestead Hills: Phase Il--Preliminary Plan 131 9. Z-7-86 (Rezoning Request) Allen and Doris Turner 141 10. Z-8-86 R. B. Barlow, Jr. and Robert Faircloth 153 11. Land Use Plan Amen4,.Tent--Inventory of Cultural, Historical, Recreation, Biological and Geological Resources 170 12 . Proposed Subdivision Regulations Text Amendment 178 13 . Planning Board/Board of County Commissioners Meeting at Moorefields December 4 or 11 179 14 . 1-40 Questionnaire 186 15. Lease of Space for Driver's License Office 200 H. APPOINTMENTS I. WOURNMENT 001 ORANGE COUNTY Action Ageiis BOARD OF CO 1 ISSIONERS It ACTION AGENDA ITEM ABSTRACT MI NO DATE November 3, 1986 Subject: MINUTES Department: : ARD OF COMMISSIae00 1 Public Hearing: Yes X no __A rn Attac tents: 1 Information Contact: Imverly A. : , he Under Separate Cover Phone Numbers: 732-8181, 968-4901, 227-0231 PURPOSE: To correct and/or approve the minutes as submitted for consideration: October 6, 1986 - Quarterly Joint Public Hearing and Regular Meeting October 21, 1986 - Regular Meeting HEED: Approval so tie minutes 104 . be entered into the official minute book in the Clerk's office. ECOMMENDATION: An the Board decides. ORANGE C4U NTY 002 BOARD OF CCMMiSSIONERS ACTION AGENDA iTE.M ABSTRACT Meeting Date November 3, 1986 Action Aaen,cla Item LINUL_ SUBJECT: PROPOSED AMENDMENTS - INSPECTION FEE SCHEDULE ar ? �7 DEPARTMENT: PL . . ANN I NG PU L I C HEARING X Yes __._ No Attachment( s)_ _ __ I formation Contact; Marvin Collins Proposed Fee Schedule;. Existing Fee Schedule Adopted 8-8-86 (See October 6 Agenda Packet) - .__ __________ 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. This item was presented at public hearing on October 6, 1986 and continued to this meeting . 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 (Underlined text indicates proposed changes) Ordinance Amendments $ 80.00 Rezoning Requests/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. cads 0..41110. ILaaa than ana feet) C 0 feet DI morel. 5.9,112. flaan ClasP A 41 to paiial Widtb l' . 4 -.f-W , Board of Adjustment-Variance/Appeal 80.00 Special Use Permits-Airports 180.00 + 5.00/Acre -Junkyards 180.00 4 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 /20.00 Modification ...m. -Extractive Uses 180.00 + 5.00/Acre -Landfill 180.00 ▪ 5.00/Acre -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 EgMg IC u4, t Plan Review 2D,QA rajor 41dor ' s # 0 (ETC) Eitg Plan Rpyiew PROPOSED EROSION CONTROL FEE SCHEDULE Erosion Control Plan (Maximum of 82,500.00) Urban 75.00/Acre Rural ot Grading Permit (Maximum of $10,000.00) Urban 150.00/Acre Rural 75.00/Acre I I PROPOSED INSPECTIONS FEE SCHEDULE (Underlined text indicates proposed changes) LATE FEES Eakk perform ef yithcut A permit P Ali be subject tO . 'Ate_ ieft equal in amount ID the fees specifie4 fot thA mixa ADA in Addition thexeto. 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, condominipmq) First Unit 130.00 Each additional unit per building 65.00 SCHEDULE C Residential Repairs, Renovations, Alterations, Addition p , cc so _ : lijo . , $ 0 - 2000 (Structural Changes) 40.00 $2001 and over 40.00 + 2.00/$1000 SCHEDULE U Commercial, Industrial and Non-Residential Building, 4 - And aid ". $ 0 - 2000 40.00 2001 and over + 3 .00/$1000 SCHEDULE E Miscellaneous Building Inspections Mobile Home 40.00 Moving Building_ 40.00 ...................... Buildin. Demolition 40 .00 ,, ,,,......tfOhccupancy/Use 20.00 (Existin. Building) Sate 11 te Dis 20.00 Curtain Wall 40.00 -----7—_____ Radio/TV Tower 20.00 Swimmin. Pool 20.00 Re-Issue Outeated Buildin. Permit Same fees as for new .eriat Wood Stove/Fireelece t t t Prefabricated Ut 121412ALETEL 20 .0(i (Nast over 500 s.uare feet in floor area and not involvin. ootin. an./or slab construction) , . Cam.aloon Si.ns 20.00 _ (Per can. i.ate and with listin- of si.n locations b Tax . . . Block and Lot number/No zonin. .ermit re.uired) Sions - Business identification 40.00 an. 01 00aros no involvin. cons ruc on o concrete rooting(s) All other si.ns 20.00 SCHEDULE F Miscell.neous 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 oad Control Device 20.00 (Per Dwelling Unit or Commercial Establishment) Miscellaneous ItiTiime:TIons 20.00 Each Extra Trip 20.00 11 SCHEDULE G Electrical Service Changes Single Phase 30-50 Amp 20.00 60-100A 26ro 125-200A 33.00 400A 55711i5 Three Phase 20-50Amp 26.00 60-100A 33.00 150-200A 1970H*5 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 33.00 33.00 125A 39 .00 39.00 150A 46.00 65.00 200A 52700 78.00 300A 65. 00 91 .00 400A 78.00 117 .00 600A 98.00 130.00 800A 13070 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 ult -Fam y/Exposed ductwork 40.00 (Per dwellin, unit) Mu - am ly Covered ductwork 60.00 (Per dwelling unit) SCHEDULE K Non-Residential/Commercial Mechanical Commercial Cooling (with separate distribution systems including installation of a complete cooling system with the distribution system. condensor, receiver, cooling towers or evaporative condensor coils and air handling units., etc. ) First Unit 40.00 Each additional unit 10.00 Replacement of a system 40.00 466666.66.0.6.66.11m.... 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 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, furies, 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 Plannin' Inspection Fees All 0ro7ects a0 ,roved under the terms of the Joint Plannin. hareamont 0etween Oran0e Count and t e Town of C a6e1 Hi 1 s a 1 Ray the followin6 fees 'nor to the recordin, of a S6ecial Use Permit or Final Flat o a ma or subdivision: Street and storm One •ercent (1%) of th- draina6e Im6rovements total con r : 61 os those imorovements to be constructed to Town of Chasel Hil standards Water and sewer Two •ercent (2%) of the .-...2"ilddg1112.1)1§ total construction cost of those imorovements to be constructed to Town of Cha0e1 Hill standards There projects are to be built in •hoses, fees ma be •ro=rated gased on the cost of-7iiiPiT5V.-eiTin s sce.0 e. in each p ase. - Adopted by Orange County Board I. of Commissioners 7-8-86, • PLANNING FEE SCHEDULE , ordinance en.. ents . $ 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 "5.14 E3cb, Major Subdivisions - 1-5 Lots Application :Fee° 105.00 ' Lots on Final Plat 5.00 Each . 6-9 Lots ` Application Fee 210.00 m.' Lots on Final Plat 5.00 Each, - 10-25 Lots Application Fee 5.00 Each Lots on Final Plat ,. - n Fee ._ 420.00 26+ Lots Application Plat, 5.00 Each_ Lots on.Fi Private Road, 40.40 '. :.ard of Adjustment - Variance/Appeal Special Use Permits - Airports 180.00 V+ $5.00/tee Junkyards, *5 /acre .KeruieI's/Rid ng'-Stables 120-00 - Temporary Mobile Home - 60.00 - Community Center 120.00 - Cemeteries 180.00 -[- 5. 1/acre , ' - Day Care Facilities 120.00 - - Radio/7v. 'Towers • 120.00 -- Temporary Buildings - 60.00 - Transmission Lines . .P 120.00 Sorority/Fraternity 180.00 + $5.00/acre . = 'RecreationalFacilities - 1.80.00 + $5.00 - Hazardous Waste Facilities 180.00 t $5.00/acre - Planned Develo*∎∎exits - See belt z Historic. Syructures - 120.00 __ - Non-Profit Education Cooperative 120.00 , - Impervious Surface Modification . - . 120.00 - Extractive Uses ' -180_001 -1- $'5.00/acre - - Landfill 180.00 + $5.00/acre Public Utility Stations 180.00 -t- $5.00/acre Group Care Facilities .120.00 .. - • Planned Developments 1-4 Units/Lots 195.00 + $5.0Qivinii't or 1 5-15 Units/Lots 430.00 + $5.00/unit or 1 15+ Units/Lots - 640.10 - $5.00/unit or 1 Erosion Control Plan Urban 7S_C(/acre , lintel - 37.50/acre, Maximum of $2,500.00 - Grading Permit Urban 150.0 0/acre - Rural.1, 75.00/acre . flaxir at $3:9.000-00 �' „ 'Adopt-elk by Orange County Boar& x oil Coeolissioners 7-8-86 dt d oca inspections ray be necessary titrougte the fail to "Inspection . w - comply with p 4ca code requirements d igrt . ail r ". The extra inspections fee $20.0%.." „ . ,Ttas fee appiles to all inspection failures* shell be paid - - .;-.. -; : * . by the permit holder before t.ore or at the a of *inspection* . wx- mm ''- "" ,. residential, ww ,. ✓ + # " NTr" - d W + e ..« w!M. rn * a build gs (one and two a _ "' including townhouse or co agar '�� _, •. .. �:' ;"^ ,« ,i , _, « " C .1000 s ..feat gross,area . W. ®_ M 1 101 - 1500 feet -. . . ` ..160e.00 " 101 --' 0 quart feet �, 1- ," _ .-- �- : 22O. , '-, xw + �,"�� ' t w. .square feet- . 300.00 n . w 40Q and o .« :� :p. 340.00 - � w ,A C ">W "x• s } w r SCEENOLE "" - . , x. New y residential begs . = : - - « M (ap x a triplex, and fo l ) • .. a �. . .,-,,. .1-, _ unit per building r» „Each additional „ , =-65-;00 r - w _. " SCHEDULE C w . w.�sld � � �s � c v io s . - , --- �� � s - w. 0 2000 (Structural Changes) - • .0 w , $ 001. over plus rci 1, r ustrial and Won- 'Residential Building _ w . w $2001 arid over �.. w . - 4. 4�. Pt " w . plus w w-, 2C lM scHEDurx E - " - _ - .. - , miscellaneous Building Insp c is s •" Mobile Some " r ? x - . ,.. """""" "" D r " Esc U '6 u .Ele�i al . Temporary Services , _ A - $ 19.50 _. 0 - 100 - . 19." a . Mobile -mes . „ 19,50 °0. . Each tr trig ' . ,sign In peon . . .; � '.� • - . Each ssa val e p s ., n p^ p ) '�. * .. 19:50 . . - . , G , ., . . - . _ Single Phase , . , _' a t ' e 30 50A 12% '0t A - » '* .32.E - .39.00 .:".is... „ - ° Z .. .. - - 60 CA " *'- . x - :-- .. .- -0: ► 1 - ,." r -_.52.0•a "- . 'Electrical Single Phase a." Three Phase 6.. . 10._e P S - Three Phase .; 30A, 40A, 0 . .... 4 - 19.50 . BOA '76 00 - 7' b,�r.° T - ". , a 32.50. ' - 32.54 101 ' 0,03.25A .. a'39.00 m „ . . �0 _45.54 5.�. • 3010 65.00 tC 4 4 A .00 •. ' .. .. 11 1; . " ' .'SCE 13.0.0;' 800 130.00 ' .195.0 000 � " V. 195.00 - .0l 260.00 .; -325.0 l + 292.50 . 90.0 3.600A 325.00 . .- per 100 ► ; _5 st,,o �. . . » WIT r ° Plumbing New cti, or F.bcture Pepla=rentt # Fixtures . .. 6..«50 2- . _ - 10'40" .� 20.50 6 and above X PI US 3 WW 5Cirri • ° r s e. 's y • arm. »*� • .. r_ ♦ r�M� + 'ry+i'" * 1 � - ^ • ° ww WYE, , . -- . .. .... * ' en . . . SCIPLEIOULE or . . . , . . . . . l' sidential - . cal . . . . - . . , . . _ _t .6 :000 Any covered ductwork or crrrponent (each system) . 0 . . All exposed ductwork or factory assembled and . - .. . - _. components (one sy . 400 stem) . . Installation of each additional system - placement of one system . ' . 10.00 - 7:- - 40.00 . . - .,, 10/u1ti-Fami1y - exposed ductniork . - ..' itlati-rarnia* y - covered ductAcrk — . ' ' ' ''' ... ,,$. : ,.... . , . . . . . . . . , 4 • .,, . ... - . - . . - * SUD= X . . .. %,: 'r - -- — - 4=-1 .16 - Commercial - 4 . .. ' * - C:=Lal Cooling (with Separate distributiczt system, including 3nstallation of a late COOling system with the distribution sysbam, • :-.*. ... ,71-7.- "'--;--„,,r„*.:7.:-::tie' 't 1 ..0,-, • ntindensotr, =mixer, cxxiling tor; or . ...„ ......,: . %. evaporative =dens= coils and air '.... .-: ' . *.;,- -'57.1.4 - '.;...,-:"..., . . - , -----.. 7. - - - ---,.. .--% - - -- - z. ..zuits, etc.) . r ,.. . * Lar* .L."'LL"' **'• ' ".• *L :" LI *.:47;*:''1*•**1). " . . . J. . . * ' * MX St alit • • ** L* • . . '* : : L.:* * 127* °*"*". Each -1 additianal unit ' * ':-.° 1 '' ' ; : : 1: : f:- :72:7--:,":::-::,:- . , . , , ..-7 —--".t. :. -4 ,L..,4...;..7,-,'I*4-40zock of a system . . - .- - -- - _...- ..„.-- . - . .-- ,,---:,-0- - . ,Cbremercial t.---ting (IristaLlatiCin of a heaLin" g . ;,:.; ',-- ' -I. ' - •--,,,r -- : - ' .. ...... system including boiler, -furnace, duct heater, . : : - 7, .- ..... - . :-..-,.. 7, - „,, ...„ .„,--.....z__-,----..„ .., unit heater, air handling units, and air '. distribution system, etc.) : . 04 0, ''. „,,,, .74 a:'00 Each additicnal unit . - . - '-. - ..-.....„. -: : -,....; 7_ - :, ,, *".10;„00 Replacement of a system . . .. ' * - . .. 7. - ?..i.... 7 - 40.00 ..' . * , CarmenLi heating mid cooling (with ..,,... ... - " ." " • system including the dia.* . ., . *I SySterils . - , - „,.- - , „- - : . boiler, furnace, ductwork, etc.) . . . . - . First Unit , . ° 40.00 - *..- 10.00 Each adational triit °- - . Repla=rent of a syster . n . 40.00 . ,.... . .. . . . . . . . . commercial Ventilation' and Exhaust S - - - ... - - - . . (include fans, blcmers, and duct system for ' . . - .. ,, ren)val of dust, gases, ftares, rs, etc,) - . . -.. -... _ 4. . n " Oe system (including one fan & blo . - 40.00 roRa-) 4 ow . ° Each additional system _ . -„ 10.00 . . Hood fan commercial type cocking equipm - -ent - - . 00 20 Contercial Range or Grill , (each =tit) . - Mep Fat Pryer 2000. . Oven . 2000. . . . . . 4 . . 4-. . oot ORANGE COUNTY BOARD Cli' COMMISSIONERS Action Agend Item No. El ACTION AGENDA ITEM ABSTRACT Meeting Date: NOVEMBER 3, 1986 SUBJECT: INSPECTION REPORT OF JAIL FACILITY DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENTS) INFORMATION CONTACT: MANAGER'S OFFICE,X501 JAIL REPORT TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider this report of an inspection performed September 25, 1986 of the Orange County Jail facility. NEED: The jail is inspected semi-annually and the resort is made public and submitted to the Board of Commissioners for their review. IMPACT:' There were three items listed as not being in compliance. These items were being worked on at the time of the inspec- tions and have now been corrected. RECOMMENDATION(S) lift* OCT 40. 1)-4 986 cIL 004 . SIN ti nn n North Carolina Department of Human Resources Division of Facility Services P. O. Box 12200 o Raleigh, N, C. 27605-2200 James G. Martin, Governor L O. Wilkerson,Jr., Director Phillip J. Kirk,jr,, Secretary Telephone (919)733-4560 October 17, 1986 Mr. Lindy Pendergrass, Sheriff Orange County Sheriff's Department 125 Court Street Hillsborough, North Carolina 27278 Dear Sheriff Pendergrass: On September 25, 1986, 1, Donnie D. Byrd, Jail Consultant from the North Carolina Department of Human Resources, inspected the Orange County Jail. Enclosed is a copy of the inspection report for your attention. Immediate action should be initiated as soon as possible to correct any deficiencies cited in the report, If 1 or any member of the Jail and Detention staff may be of assistance to you concerning this or any detention matter, please do not hesitate to contact us. Sincerely, -01'17di-7/6-21}1 Donnie D. Byrd Area Consultant DDB:vbw Enclosure cc: Mr. Thomas A. Ritter, Head, Jail and Detention Branch 19v., Donald Whilhoit, Chairman, Orange County Board of Commissioners ,4l r. Kenneth Thompson, Orange County Manager DFS-7023 (Rev. 6/81). LOCAL CONFINEMENT FACILITY SEMIANNUAL INSPECTION NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES 00 DIVISION OF FACILITY SERVICES c_ JAIL AND DETENTION BRANCH Post Office Box 12200 Raleigh, North Carolina 27605 9 Inspection Date September 25, 1986 Tim 9.0 e - 0 ai Facility Oranpe Count Jail County ( ang° Address 125 Court St. , NtlIsbolough, NC Sheriff/Chief of Police LInclY -6Ldb Chief Jailer Capacity 50 Date Built 1)Q2 ii I No. of Confinement Levels 2 Total Jail Staff Jailers: Male Female ' Staff on Duty: Male 1 Female 1 Inmates Confined: Male 21 Ftle Facility Staff Schedule: 8-hour shifts 12-hour shifts X Other 1st b„hift; 7:00 am — 7:00 pm 1 male, 1 female 2nd shift: 700 pm — 7:00 am 1 male, 1 female STRUCTURAL DEFICIENCIES OR INADEQUATE PROGRAM SERVICES IN THIS BLOCK o may jeopardize the safe custody, safety, health, or welfare of persons con- fined in the facility and thus result in an immediate order for corrective I P action or closure as provided in G.S. 153A-223. The governing body shall / ) n j c9nsider the entire report at the first regular meeting after receipt, of n - a the repert and shall promptly initiate any action necessary to bring the a c facility into cantor., ty with the standards as provided by G. S. 153A-222. A. SUPERVISION Continuous supervision is provided to the following types of inmates as required by G.S. 153A-224, Section .1500 of the North Carolina Minimum Standards for the Operation of Local Confinement Facilities: 1. Adult Males 2. Adult Females must be su.ervised onl b female ailers 3. Juvenile Males must be supervised onl b male ailers 4. Juvenile Females must be supervised only by female Jailers B. MEDICAL CARE The unit has a written medical plan properly posted which functions effectively as required by G.S. 153A-225 and Section .1800 of the North Carolina Minimum Standards for the 0.eration of Local Confinement Facilities. C. SANITATION The sanitation of the unit is maintained in accordance with rules and regulations adopted u. .er G.S. 153A-226 to effectively protect the health of inmates and .ublic. A D. FOOD SERVICE The diet is adequate as required by Section .1700 of the North Carolina Minimum Standards for the 0.eration of Local Confinement Facilities. _ _ . . -7023 (Rev. 6/81) Page 2 0 0 it C STRUCTURAL DEFICIENCIES OR INADEQUATE PROGRAM SERVICES IN THIS BLOCK C may eop di, a the safe custody, safety, health. or welfare of o m persons. N fined in the facility and thus result in an immediate order for corrective 1 0 action or closure as provided 1 -223 body shall n videal in The govesruuirug, T 1 consider the entire report at the first regular meeting after receipt of the report and shall promptly initiate any action necessary a i y to burl� ., the c ty . . provided by G. S.. 1 A-222.. c ru facili: into conformity with the standards e E. FIRE SAFETY 1. There are at least two complete sets of facility and emergency exit keys as required by Section .1401, paragraph ca , of the Minimum Jail Standards. (There are 2 sets of keys in the facility.) x neacsa safe place accessible to supervisory personnel for use . p facility and emergency exit keys not.in use is stored p p � yp in an . , p b, Jail Etancglds,�as required by-Eecti:oua i�4C11, Barograph b of the Minimum day., . Approved, permanently identified mattresses in good condition are pro- . vided as required by Section .1412 of the Minimum Jail Standards. X 4. Sufficient fire e tin uishers are available as required b y Section .1413- .1415 of the Minimum Jail Standards. C 5. Fire extinguishers bear a current inspection tag and are maintained in a fully charged and operable condition as required by Sections .1416 and .1417 of the Minimum Jail Standards. 1 . Means of i for each egress u in sufficient number comply wit 4.C. Building Code and X 7. Emergency exit doors are approved type, keyed to both sides, are func- tional, and comply with N.C. Building Code. y 8. The confinement facility is of fire-resistive construction materials and unattached to any structure of less than fire-resistive construction unless separated by an approved fire wall as specified by the N.E. Building Code. 9. There is a plan for the emergency evacuation of inmates as required by Section .1506, Paragraph a, of the Minimum Jail Standards, 10. LL,,.The facility has a master fire plan posted e required by Section .1 06,, u,... Paragraph a, of the Minimum Jail Standards. 11. Jailers have, been trained in the use of fire fighting equipment as re- quired by Section .1 06,, Par-.raph b, of the Minimum Jail Standards. . 12. Fire drills are conducted at 'leant quarterly and recorded as required by Section .15 6, Paragraph b, of the Minimum Jail Standards. 13. Sufficient number of smoke detectors with auto a atic audible alarm and test capability, in operating condition, to monitor all inmate occupied areas, as required by Section .141 of the Minimum Jail Standards. I DFS-7C 3 (Re V. 6/81) Page 3 0 44.1i1 44, 1. Construction Materials as Required by Minimum Standards Bunks Eli INN III A. Paint C. Floors 111111111111 B. D., Walls, E. xli gs F. Windows H. Doors an. n ear �MN MI� C. Secur t creeps Mira INN I. Da room .uai Yuen J. teel `ra inx IIIIIIIIII� K. r r n en. ectr Fixtures L. a wa Vies lrules M. u ti e Door Locking echanisms with Mechanical Override 'rains Accessible to Inmates are Provided 2. Grouping of Prisoners A. Segregation of Females (0.S. 153A-228, G.S. 14-261, Minimum. Standards) ,fie.re aton of Juveniles G.S. 153A-221.1 M, nimuanr Standards . Safety and Security Features A. Local Fire Department Has Been Requested to Inspect Facility In Its Fire Prevention Ins•ection Program B. it ors Com.' With. Standards C. Safet -T .e a. ors or . av ,n, are Provi.e. litiiiiiiiig D. Visiting Areas are in Com.l .ante with Standard Requirements L. " Conference Area is Provide' for 1, turners and Clergymen F. Medical Clinic Area is Provided 11111 MN NM C. r oo in r Area Provides Pr o.er Securi,t IIIII NM II H. All Locks are Kept in Goo. ork nx Ir:er 11111111111N; I. Heat, ig is Windows or Controls are o °ccess b e to Pr .loners inn nil 1.1 J. Security Section Doors are et Locked 11111111111111111 K. Fac'.1 ty is nerd Free ION Ill 111111111 4. Space Utilization A. Approved Holding Area is Provided and Pro.erl E.u, . .e . B. Plan s Provided d t o Bantle Excess Popula ion Shou d 111'11111111 Overcrowded Conditions Exist in the Facilit C. Overcrowdi . Does Not Occur -7023 02 (,Rev. 6/81) 5. Structural Arrangements and Accommodations A. Single Cells Conform in Size to Minimum Standards B, Multi.le Ce ' s on dry n ze to Minimum Standa .s gitligigil C. Cel! areas ' ti is ng a Common Dayroom Do Not " ceed Multioles of twenty-four f our ( 4) Persons D. If Facil ity Has w.rmitory-Type Confinement, Size Conforms to Standards No More Than ix een 16 Persons are Held in Any isrmitory 111111111111 ' E. Facl. "li y Has su tic Brat. 1. Number of Commodes . Tumeer of Lavatories . 1111111111 3. San tart' rin °inL ater 4. Num.ear of Showers 5. empered Water F. 6. Dayroom Sloane 113.1111111111111111 Sufficient Stora ,e 'pace is "rovided FIIIIIIIIIII + . Heat, Light and Ventilation A. Heat (Type: " 1 I is Adequate B. Ventilation .e. A/c is A.equa ;e g3Imigliggigg C. Lighting ,rti icial :. Natural Adequate 7. Personal Hygiene and Comfort A.B. W'ecessa and Adequate Vowelsan ;oa. for athin dare "rovi.e. 101111111111 C. Juveniles are Provided Toothpaste, -o .rush " ., Soap, Towels, Bedding ea in n and Combs D. Adequate Lund Services are Provided 11111111111111111111111 B. Medical Care A. Supervisors Understand Responsibility and 1 equire,,ents in. Submitting breath Re..rts B. T e Mentally lU are Properly Observe.,re. and Expeditiously Transferred to a Medical Facility C. Inmates with nfecbious or Cont._ °us li eases are Segregated IIIINNIIIIIII + . Food and Sanitation A. If Food is not Prepared at the Facility, Food Catering is Handled ritten Agreement as Prescribed B. 'ri soup ers are ray .e. T ree , . ua e ea s er 0 T e a i C. ) e an. 'ea . , c e.0 a are n omp nce ' n mum an.a is �� 111. '1 c en .pears ean, an. an air INININiiiiiiiiiiiiiimaitiasir . . . „ . , TIPS-4023 , (Rev. 6/81) .. . , Page5. " ...„ . „ , . . ODE , . . . , . ,. „ . ' . , . o . . . „ . . . . . „ „ ' . • • 0.4 .„4, (1, 0 . . „ . S. Continued . . . ' , .1 7, RI, .1, ,. . Kitchen, Equipment is Adequate , F4 Clean-n., Stations and E.ui.ment are Provided 01111111111111111 1 . . G. Jail Appears to be Clean and Sanitar 1211111111,11111 ' . H4 g„,,,, ,, ,tion ins.eetion Reeoomended: Yes, No Y „._,--- — - ,—,, ' I. Re..rt,, are Subo, tted as Prescribed . G.S. . 0: 1 ,.,111111111111 . . 1 „ . . 10. Are there any plans for new construction, or major renovation:. If yes, deseribe:._ , . , . II' Name(s) of Person(s) Contacted; -.,-., F Aorprw Plal ,,nt. r. rl, ' .' n-... . . . , . . . . , . 12. Comments: NO ENTRY INDICATES, ITEM NOT APPLICABLE . . . , . „ stated that he is aware of his responsibilities ...”, under the Federal Civil Rights Act regarding segregation by race. „ . „ . . „ . . Item .,. .61, One scut i.:y actnon is being ro )oced, tE,b14 :/. Also, noldttional security is biliftg sndoO. co rbe , . . . . , . , - Item 1 ..:1, All door's an.c3,, lo6,-,-ti are being obooked and oapartedi Tills as in. proceso at: -,,,ne . . time of the inspecmion. Also a isr,-ser-pener,?ter is to be installed at tha jail„ to au ra l'ioquabo, emergency power:: in avalintic during. tirseo of pOwer 'tailure- , , . (ie. looks, dovr, —lights, etc. ). . . „ . . Item 1 ,K. One ligbt cover fo,,' cell ligb,-. was bein8 rapl,.cod. . . , .. . . . . . . . . „ . , . . . . „. . , . , . ' _,........,, ,. ,'' J . „ -v „ c _.„.,,,,, Jail Consultant ' . . . , . .. ... „ . . . Distribution: ., . , . . , . , . „ . . . , . , E 1141,i, rie• XEROX 0'1.) issue Date July 31,1985 XEROX COMMERCIAL TERM LEASE TERMS AND CONDITIONS XEROX CORPORATION,XEROX SQUARE, ROCHESTER, NEW YORK 14644 )C - AlloXIMAIIIINXIIIINXIMIIIIAIII.Id ,I,d e■ THIS AGREEMENT MAY NOT RE CANCELLED OR TERMINATED BY CUSTOMER PRIOR TO THE ell: END OF ITS TERM EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, . — ''.■■,77 1.AGREEMENT applicable service poficy. Xerox will remove used Xerox de- A, The Xerox Order Agreement Xerox Commercial Term Lease veloper from the Customer's premises onless Customer Terms and Conditions and the applicable, Xerox Price Usts specifically requests otherwise. and any other documents,receipt of which is ecknowe•ged D Customer make available Key Operators or Sys- e,- •,,,,,, by Customer's initials on the Xerox Order Agreement shall terns Administrators for Equipment. Training,if any, will .. constitute the entire agreement between Customer and provided in accordance with the applicable Price List in effect We', ., Xerox regardless of inconsistent or additional understand- on acceptance of the Order Agreement. . , ,te ings or commitments,or terms and conditions in Customer's 4.UMITED WARRANTY ..e, purchase orders or other documents submitted to Xerox, A. During the Term Lease, except as set forth below, Xerox This Agreement may be amended only by a written instru- will, without additional charges, make all necessary adjust- V, ment executed by both parties, merit,repairs and parts replacement to keep Equipment and "•;',..,-6 B. Except where credit approval has been previously granted by if applicable, Upgrades in good working order. Replaced ,e4k Xerox with respect to the transaction covered by this Agree- parts will become the pro•=rty of Xerox. ment, Customer agrees that Xerox'Credit Department may B. Xerox will not be required to perform maintenance made conduct a credit investigation, if credit approval is not necessary due to accident,failure of electrical power,unau- lee ,°...e. granted,notwithstanding delivery of Equipment, Xerox may thorized Equipment alterations,tampering,causes other than 4,,,,'"..t•ne revoke this Agreement by written notice to Customer within ordinary use, interconnection of Equipment by electrical, ii?,•`,A eee sixty(60)days of its Effective Date.If revocation pertains to electronic, or mechanical means with noncompatible equip- ree,:e4, purchase of ln-Place Equipment, Customer's prior contras ment,Or failure to use Xerox Operating System Software or tual obllgationa relating to the Equipment remain in full force use of unauthorized modified Xerox Operating System '4';.', 1, ,,..•., and effect, Software.If Xerox chooses to provide maintenance which is 'e,',1r 2.EQUIPMENT INSTALLATION made necessary as a result of any of the above-enumerated A. Equipment other than In-Place Equipment will be newly causes, such maintenance shall be billed to Customer at manufactured, remanufactured or used as indicated on the Xerox'then current Time and Materials rates. Q, , Price iis, C, Xerox will not provide maintenance if the E. ipmerrt is in an area '' B. Xerox shall install Equipment at the installation address Mice does not conform to Xerox'published space,electric or 'VI' identified on the Equipment Order Agreement unless(a)Cue- environmental requirements, Customer agrees to provide ec- .7q: tomer requests delivery without installation;(b)Equipment is designated as direct shipped or Customer Installable on the case to a telephone, aceeuate storage space and adequate Ve working space for the use of Xerox Service personnel at no applicable Xerox Price List;tel Equipment is to be shipped to charge to Xerox.Customer agrees to provide Xerox access to a location where Xerox does not service equipment the Equipment and shall have a representative on-site when furnished pursuant to the Xerox Equipment Services Agree- Xerox personnel are performing maintenance, merit; or (di Customer has not prepared installation site in D. Xerox shall only provide maintenance within the continental ..e,1, accordance with electrical, space,environmental, and other limits of the United States unless otherwise indicated in the ' t' requirements contained in the applicable Price Lists or appro- applicable Xerox Price List. relate data sheet, E. Customer claims concerning Xerox' failure to repair Equip- C, For Xerox installed Equipment, Equipment Installation Date mere or Upgrade(s)pursuant to warranties set forth above e, will be the date on which Xerox determines Equipment to be must be made in writing addressed to the Service manager „ ,ee operating in accordance with Xerox standards as demon- of the Xerox location providing maintenance hereunder.Such •",, strated by Xerox successfully heeling diagnostic routines, claim must be sent to Xerox no later than thirty (30) days . For In-Place Equipment, Equipment Installation Date will be after Customer learns the facts on which such claim is based. ..l• ' 1 • , • 1 the date Customer executes the Xerox Order Agreement 5.DISCLAIMER OF WARRANTIES AND UMITATION OF pertaining to the purchase of such Equipment,For Equipment uAsiurf AND REMEDY • designated as Customer Installable on the Price List, the A.THE WARRANTIES EXPRESSED HEREIN ARE EXCLU. Equipment installation Date will be three(3)days after ship- SIVE AND IN UEU OF ANY IMPLIED WARRANTY OF f.-.'. merit. For other Equipment,the Equipment Installation Dale MERCHANTABILITY, FITNESS FOR A PARTICULAR ',■% * will be the date Customer receives Equipment, PURPOSE OR OTHER WARRANTY EXPRESS OR D. Customer agrees to keep Equipment at the Installation Ad- IMPLIED. dress(es) and not move It from that location without prior 8. The liability of Xerox for breach of any warranty hereunder is written consent of Xerox, which shall not be unreasonably limited to the r:e=r or replacement of Equipment or supplies ,° • withheld. Customer agrees to be responsible for all costs on which the liability is 1.:sed.If Xerox agrees that it cannot )ete associated with relocation initiated by Customer. Costs will repair or replace Equipment other than Engineering and 1 . include all applicable installation,removal and special rigging Graphics Products Equipment,Xerox shall replace the Equip- i charges at the rates in effect at time of relocation. ment with a different model of equipment with comparable 3.EQUIPMENT USE capabilities and Xerox shall increase the maintenance corn- 1- . A, Customer agrees to use Equipment in a careful and proper ponent of the minimum monthly lease payments (including i manner Equipment will not IA•serviced by other than Xerox, meter charges, if applicable) payable hereunder to the then i e- : , Xerox shall 1 •eve the right to inspect Equipment at any rea- current maintenance component of the minimum monthly I , C)- sons. •time,wherever located, lease payments for the replacement equipment and Cus- O. Customer agrees to accept the responsibility for(i)selection tamer shall pay such increase for a term equal to the re- of Equipment to achieve Customer's intend..meths;(ii)use maining term of this Lease, if Xerox agrees that it cannot !• 1 of Equipment;and(iii)results obtained from Equipment, repair or replace Engineering and Graphics Products Equip- ie,'• C. With respect to Equipment in which developer is utilized, merit, Xerox will accept the return of Equipment and terrni- Xerox has the sole right to install and remove developer. nate the lease. t:'•':.:' Developer will be removed In accordance with Xerox' then tr" 1 I C, All other liabifity of Xerox With respect to arising from,or in 8.LEASE PAYMENT/INVOICING . connection with this agreement, or from the manufacture, A, ABSOLUTE OBLIGATION — This Agreement may(144 installation, inainteriance, repair or use of any Equipment, cancelled or terminated by Customer prior to the end of its Operating System Software or supplies covered by or term except as expressly provided for herein. Customer's furnished un.4 this agreerreint, whether In contract, or 'RI obligation to pay all sums required under this Agreement is tort.or otherwise,is limited to amounts,.=id by Customer to absolute and unconditional and shall not be subject to abate- ' Xerox pursuant to the tenms hereof. mem, reduction or set-off for any reason vvhatereiver, O. Xerox shall not be liable for indirect,incidental or consequen- including, but not limited to, any claim of Customer arising f) tial damages,including,but not limited to,loss of use,reve- out of the default of this Agreement. nue or profit.Remedies set forth herein are exclusive. B. During the term of this Leese. Customer agrees to pay the • E. Some states do not allow exclusion of implied warranties or number and amount of monthly installments as shown on the limitations on how long an implied warranty lasts, so the Term Lease section of the Xerox Order Agreement as mini- , above exclusion or limitation of implied warranties may not mum lease payments for Equipment„The first minimum lease apply.Some states do not allow the exclusion or limitation of payment shall be due on the Commencement Date. Com- incidental or consequential damages,so the above exclusion mencement Date for Equipment to be installed by Xerox sharp , . same day of the month in which the Equipment is or limitation of incidental or consequential damages may not be the apply. Limited warranties set forth above give Customer installed, in the month succeeding installation, Equipment specific legal rights. Customer may have other rights which which is not to be installed by Xerox,Commencement Date vary from state to state, shall be thirty(30)days after shipment of Equipment. Corn- 6,ALTERATIONS.ATTACHMENTS AND SUPPUES mencernent Date for In-Place Equipment shall be the same Customer agrees not to make any alterations or attachments to day of the month in which this Agreement is accepted by Equipment without prior written consent of Xerox, Xerox in the month succeeding acceptance, Subsequent If Equipment is altered by Customer,or a device is attached by lease payments for all Equipment shall be due on the same Customer to Equipment, or Customer willies a supply item, day of each and every consecutive month thereafter for the which,in the judgment of Xerox, increases the cost of mainte- term hereof.If the Commencement Date falls on the last day ! fiance to be performed under this Agreement, Xerox will pro- of a month, subsequent payments shall be due on the last pose either an incremental charge or request that Equipment be day of each succeeding month.Xerox will endeavor to sendl returned to its standard configuration or that use of the supply Customer a monthly payment reminder, Customer agrees item be discontinued. If, in Xerox' judgment, an alteration, at- that should Xerox encounter a delay in initiating preparation tachment, or use of a supply Item affects the safety of Xerox' and mailing of such monthly payment reminders. Customer personnel or Equipment users, Xerox shall notify Customer of may receive more than one such monthly payment reminder. such safety problem and shall have the right to withhold service Minimum monthly lease payments are due re t rdless of at- for Equipment until the unsafe condition is remedied, If Cus- ceipt of payment reminders.Customer also understands that tomer,within five(5)days of such proposal or request,does not Customer may receive separate monthly payment reminders agree In writing to such proposal or request or remedies unsafe for each item of Equipment the sum of which will total the condition, Customer will be in default of its obligations under monthly minimum lease payment shown on the Term Lease this Agreement as of such date. This paragraph shalt not apply section of the Xerox Order Agreement, to the attachment of Xerox Electronic Printing Systems equip- C. (i) Customer also agrees to pay associated meter ' meat to a host computer, charges(if any)In excess of the monthly,semi- 7.PRICE annual or annual as applicable) allowance as A, Prices are based upon the applicable Xerox Price Lists in set forth In the applicable Xerox Maintenance effect upon Customer's execution of the order Agreement. Price List. If, through no fault of Customer, Xerox is unable to deliver lie For Equipment having associated meter charges, Cue- , Equipment within sixty (60) days, prices, terms and condi- tomer agrees to provide the meter readings to Xerox • tions will remain unchanged until Equipment is available for promptly at the end of each month if the allowance is delivery. If Customer does not accept delivery within sixty monthly, at the end of each six (6) month period if the (60) days of Xerox' acceptance of this Agreement, Xerox allowance is semi-annual or at the end of each twelve(12) reserves the right to change prices,terms and conditions,If month period if the allowance is annual, on forms pro- . changes are unacceptable to Customer, Customer may, by vided by Xerox. Xerox shall have free access to Equip- written notice received by Xerox prior to Equipment delivery, meat to ensure the accuracy of the meter r;..ing. terminate this Agreement. Metered unit charges are invoiced post monthly,at the 8. Customer agrees to pay Equipment transportation and/or end of each six month period or annually(as applicable), placement charges(if applicable)at Xerox'rates in effect at upon receipt of Customer's meter read, except that if . the time of Customer's execution of the Xerox Order Agree- Customer's meter read is not timely received by Xerox, merit pertaining to this transaction. Equipment removal charges may be estimated by Xerox and invoiced accord- charges (if any)will be paid by Customer at Xerox' rates in ingly. Meter charges are prorated during any allowance effect at the time of such Equipment removal, In addition, period that Equipment is installed for less than the full Customer agrees to pay for rigging(where adequate physical allowance period, based on a thirty (30) day month, access is not available)and for expenses resulting from car- 180-day six month period or three hundred and sixty her delay or aborted delivery caused by Customer. (3; )day year. Such invoices for meter charges are due C. Xerox shall have the right to increase the maintenance corn- and payable upon receipt. ponent of the minimum monthly lease payments (including D. If a Customer fails to pay Xerox when due any amounts re- moter charges, if applicable) payable by Customer without quired to be paid hereunder,Customer shall be in default and prior nobs.,effective one year after the Effective Date of this agrees to "y to Xerox a late charge, where permitted, of Agreement and at the end of every twelfth (12th) month one percent(1%)per month of the unpaid amount due until thereafter,However,no increase of the maintenance compo- paid, or maximum late charge otherwise .,:.nrnittrxl by male nent of the minimum monthly lease,.:,-yment shall exceed ten cable law after expiration of any statutorily required grace percent (10%) of the maintenance component of the mini- period, mum monthly lease payment (including meter charges, if 9.TITLE/SECURITY INTEREST/RISK OF LOSS applicable)In effect immediately prior to such increase. A. Except as expressly set forth in this Agreement,Equipment ej D. For Customers receiving Xerox government pricing, is,and shall at all times be and remain the sole and exclusive notwithstanding Paragraph 7.C.above. Xerox shall have the property of Xerox;Customer shall have no right,title or inter- right to change minimum monthly tease payments without est therein or thereto. All replacements, substitutions end prior notice,upon expiration of the current government price repairs thereto shall become a component .-rt of Equipment list applicable to Customer and at the end of every twerfth and title thereto shall be immediately vested in Xerox and (12th)month thereafter.Amount of such charge shall be cal- shall be inciud■■under the terms hereof. culated in the=^me manner described in Paragraph 7,C, ___.--....„. ..-"..'" -.47, 8, Xerox reserves and Customer hereby grants to Xerox a se- Agreement.When these payments have been fully tend,this clarity interest in Equipment and any and all addittons, re- Lease Agreement will terminate and title will transfer to Cus- placerneres, substitutions, and repairs thereto, as well as tomer, An early termination schedule setting forth the mini- any products and proceeds of the for,eoing for the purpose mum monthly lease charges less any charges unearned will, of securing payments due hereunder and all other promises upon Customer's request, be mailed to Customer. if Cis and obligations of Customer to Xerox arising under this tomer purchases Equipment leased hereunder, Xerox main- () Agreement. Customer a glrz e'.s to sign and execute at any time alone or with Xerox any financing statements or other tenance shall •: offered to Customer subject to Xerox' maintenance prices, policies and terms and conditions then documents which Xerox deems reasonably necessary to in effect protect and continue Xerox° security interest under this 12.BREACH OR DEFAULT Agreement. Xerox is also granted an irrevocable power of A. If Customer does not pay charges due hereunder or other attorney to execute such financing statements or other docu- amounts required herein to be paid, breaches any of the merits on Customer's behaff. Customer shall prevent and terms or conditions of this Agreement, ceases doing bush hold Xerox harmless against assertions of interest or claims ness as a going concern,has a petition fis d against it under by third parties, any of the provisions or chapters of the ::nkruptcy Act or C. When all of Customer's promises and obligations under this Amendments thereto, makes an assignment for benefit of Agreement and the Purchase Option Price have been fully creditors,calls a general meeting of creditors,or attempts an paid and satisfied,Xerox'security interest shall terminate. informal arrangement or composition with creditors, if a re- re Xerox may mark The Equipment to conspicuously show it has celver or any officer of a court is appointed to have control of a security interest therein and Customer shall place no any of the property,or Xerox reasonably feels insecure with conflicting marks or permit the Xerox marks to be removed respect to Customer's willingness or ability to perform its or defaced:Customer agrees not to remove any ownership obligations hereunder, Xerox shall have the right to exercise identification tags on Equipment or suffer or permit any lien any one or more of the following remedies In order to protect or encumbrance of any kind against Equipment or allow it to the interests and reasonably expected profits and bargains become fixtures to real estate, of Xerox: E. Customer agrees to bear all risk of loss or damage to Equip- Ili) Cancel this Agreement in whole or in part; men*arising from Customer negligence or theft or mysteri- pi) Declare entire amount of the unpaid minimum monthly ous disappearance of Equipment. Xerox shall .....ar risk of lease payments. plus all other amounts due under this loss or damage to Equipment from all other causes. Agreement, including the option to purchase price 10.TERM specified in the Term Lease section of the Xerox Order A.Notwithstanding the delivery of Equipment, this Agreement Agreement and any other charges unpaid, less any shall become effective on the date the Xerox Order Agree- charges unearned,to be immediately due and payable; latent IS accepted for Xerox by an authorized Xerox represen- Iiii)To the extent permitted by law,take possession of any or all wave and shall continue for the lease term as specified on items of Equipment and Operating System or applications. the Term Lease section of the Xerox Order Agreement. Software which Xerox has granted Customer the right to use 8, Customer agrees this Agreement can be terminated only by in connection with Equipment, wherever located, without expiration of its fixed term or payment of the full purchase demand or notice,without any court order or other process I. 0 price as set forth In paragraphs 11A.and 11.B.hereof. C. OPTION TO RENEW of law and without liability to Customer for arty damages occasioned by such taking of possession; II) When all of the clan!.."ons set forth In paragraph 8,have (iv)To the extent permitted by law, enter upon premises been paid, Customer may exercise an option to renew where Equipment and any Operating System or applica- this Lease at expiration of the lease term for one(1)eddi- lions Software which Xerox has granted Customer the tional period of twelve(12)months at the same price and right to use in connection with Equipment, are located on the terms and conditions in effect at the time of ran and render Equipment and such Software unusable, arid newel of this Agreement,provided Customer gives writ- remove, sell, lease, or otherwise dispose of Equipment ten notice to Xerox of its intention to renew at least thirty and such Software and from the proceeds retain all sums (3o)days prior to expiration of this Lease Agreement. due under the terms of this Agreement and be rem- Oil Customer may purchase leased Equipment at any time bursed for all costs and expenses relating to enforcement during the renewal period as set forth in Paragraph 11. , or preservation of its rights hereunder,including,but not 0 EQUIPMENT RETURN limited to,reasonable attorneys'fees; Upon expiration hereof or early termination of this Lease (v)Pursue any other remedies existing at law or in equity; hereunder,or upon demand made by Xerox pursuant to Par- (vi)Xerox shall have all of the rights and remedies of a se- agraph 12,hereof,Customer shall return to Xerox Equipment . cured party upon default under the Uniform Commercial and any Operating System or Applications Software licensed Code as enacted in the state where the Equipment is ru- by Xerox to be utilized in connection with Equipment in the camel or under applicable law. same condition as when delivered to Customer, reasonable B. In the event of default by Customer,Xerox may require Cus- wear and tear excepted,at such place or on board such car- tomer to assemble Equipment and any Operating System or her,packed for shipping,as Xerox may specify, Applications Software which Xerox has granted Customer 11.EXERCISE OF PURCHASE OPTION AT ENO OF LEASE the right to use in connection with Equipment and make A. When all of the Customer's obligations as set forth in Para- Equipment and such Software Available to Xerox at a plate graph 8 have been paid,Customer may exercise an option to end time convenient to Xerox. purchase Equipment leased hereunder on expiration of the C. Customer agrees to pay Xerox all costs and expenses, lease term at the purchase option amount set forth in the including reasonable attorneys' fees, incurred by Xerox in Teen Lease section of the Xerox Order Agreement,together exercising any of its rights and remedies, No d:1:y or failure with any taxes Levied thereon.Customer agrees to give writ- of Xerox to exercise any right or remedy will operate as a ten notice to Xerox of its intention to exercise the option at waiver thereof. least thirty(30)days prior to expiration of the lease term, 0. No right or remedy herein conferred upon or reserved to B. TERMINATION OF LEASE BY PURCHASE Xerox is exclusive of any right or remedy herein or by law or (I) Customer, at any time during the lease term, provided all past and current obligations set forth in Paragraph 8 are equity provided or permitted;but each shall be cumulative of every other right or remedy provided hereunder or now or satisfied, upon fifteen (15) days prior written notice, may hereafter existing at law or in equity or by statute or other- purchase leased Equipment by making all minimum monthly wise, and may be enforced concurrently therewith, or from lease payments due for the remaining term of this Agree- time to time, but Xerox shall not be entitled to recover a . merit,less any charges unearned(finance charges and main- greater amount in damages than Xerox could have gained by tenance component), plus the purchase option amount receipt of Customer's full,timely and complete performance specified in the Term Leai: section of the Xerox Order of its obligations pursuant to the terms of this Lease plus late 0_t 4 charges under Paragraph S.O. and all costs and expenses, Software as proprietary end as such agrees:(I)not to reproduce, including, reaoo -'ble attorneys' fees, incurred by Xerox in copy, or duplicate more than two (2) copies of such Software exercising any of its rights or remedies under this paragraph, without the prior written consent of Xerox,except in connection E. Any breach by Xerox with respect to a units)of Equipaent with Customer's use thereof in conjunction with use of Equip- will be a breach with respect to that unit(s)only. meat,and (it)not to cause or permit any Software,or any pan 13.ASSIGNABIUTY thereof,to be disclosed to,or used by,any person or entity other A. Without prior written consent of Xerox,.Customer shall not than authorized officers,employees or agents of Customer.Cus- (i)assign,transfer,pledge,or hypothecate this Lease,Equip- tomer agrees to advise each authorized person who uses any D ment,Software,or any part thereof,or any interest therein, Software to refrain from disclosing or delivering such Licensed or (ii) sublet or lend Equipment or permit it to be used by Software, or any part thereof, to any other person or entity. anyone other than Customer or Customer's employees. except as provided herein. B. Xerox may assign this Lease or the Equipment,in whole or in Each Software which Customer is granted the right to use in part,without notice to Cu stomer. Customer will assert any conjunction with a unit of Xerox Equipment is warranted to ma- claim or defenses it may have against Xerox and not against terialiy conform, when shipped to Customer, to its published any such assignee. specifications.Customer's sole and exclusive remedy for failure 14.TAXES of Software to materially conform to its published specifications Customer shall pay all taxes arising from this Agreement, when shipped to Customer is for Xerox, within a reasonable including state and local sales and use taxes (notwithstanding time after written notice of such nonconformity Is received by their designation as excise, gross receipts, or privilege taxes) Xerox,to restore Software to material conformity with Its pub- imposed or levied on with respect to the Equipment or Software lisped specifications. If Xerox Is unable to restore Software to for which the right to use is granted hereunder. Customer shall material conformity to published specifications, Xerox will ac- reimburse Xerox for all amounts paid or yable by Xerox in rapt the return of Software and Equipment in connection with discharge of the foregoing taxes.Customer shalt not be reepon- which Customer was granted the right to use Software and sible for taxes based on Xerox'gross or net income or personal refund to Customer the applicable Software license fee(s) (if property taxes, any)previously paid to Xerox,together with minimum monthly 15.PATENT INDEMNITY Equipment lease charges previously paid Xerox,less reasonable Xerox agrees to Indemnify Customer from direct loss,damage rental value of such Equipment for the period of time such Equip- and liability which Customer may incur on account of direct meat was installed at Customer's premises. If Xerox elects to infringement of any United States Letters Patent relating to refund Software feels), Customer shall promptly erase or de- Equipment provided hereunder by Xerox,and Xerox agrees,at stray all copies of such Software. Customer must notify Xerox its own expense,to assume t : defense of all c:ims,suits and in writing of material non-conformity of Software within ninety actions brought against Customer alleging that any Equipment (90)days after delivery of Software. provided hereunder directly infringes any United States Letters Xerox specifically disclaims any Warranty that Licensed Patent, provided Xerox is promptly notified in writing,given all Software will meet Customer requirements or will operate in assistance it requires, and perrnined to direct the defense. combinations chosen by Customer or operation of Software will Xerox will pay any final judgment, based on such Infringement be uninterrupted or error-free or that any Software defects will of a court of last resort,but Xerox shall have no liability or costs be corrected.Published specifications for Software,If any,may or settlements incurred without its consent, if Customer's use be updated by Xerox from time to time,and such updates may of any such Equipment is enjoined,or if Xerox desires to mini- constitute a change in specifications. maze its liabilities hereunder,.Xerox will,at its option,either sub- 17.TRADE-INS statute other equally suitable equipment, modify Equipment so if Customer <;des in to Xerox the Equipment in connection with that it no longer infringes,obtain for Customer the right to con- the Terris Lease of other equipment, Customer shall receive a tinue its use,or accept return of Equipment. trade-in allowance for the Equipment in accordance with the Xerox shall retain all yments made hereunder to 'Xerox terms and schedule of the Xerox Trade-ln Terms and Conditions during period Customer had use of Equipment. For purposes of then in effect.Such trade-in allowance shall be applied,at Xerox' this paragraph, the term "Equipment" shall include any Xerox option,either to reduce the remaining payments owed hereunder Operating System Software licensed hereunder,The foregoing or to reduce the price of the replacement .uipment.This Agree- states the entire liability of Xerox for patent infringement. No merit shall nonetheless continue provided there Is a remaining indemnity shall apply to any patent infringement arising from the balance owed after application of the trade-in allowance. In the use or sale of Equipment in combination with any device or event of a trade-in Xerox and Customer may agree to the replace- equipment not provided hereunder by Xerox, or to any mere of any remaining.t rice owed hereunder by providing for a infringement caused by modification of the Equipment by a new schedule of lease payments which may .consolidated with party Other than Xerox. No indemnity shall apply to Equipment and coterminous with the schedule of payments for a Term Lease made or modified to Customer's own specifications or design, Agreement for the replacement equipment. including copyright,trademark or patent infringement claims re- 18,EQUIPMENT ADD-ONS rated to Images produced, in accordance with Customer's By executing an Equipment Add-On Amendment Customer may specifications.The foregoing in -mnity shall not apply and Cus- add to this Agreement subsequent Term Leases of replacement tomer agrees to indemnify Xerox in a manner fully equivalent to equipment, Upgrades (as defined in the Purchase Terms and the foregoing in any suit,claim,or proceeding brought against Conditions)and Accessories(all hereinafter referred to as"Sub- Xerox in which and to the extent the alleged infringement arises sequent a see")so that the total lease payments of the Equip- from either the image produced,Equipment made or modified In meat cover ,1 by this Agreement is increased by the lease accordance with Customer's specifications, unauthorized payments of the Subsequent Lease, All terms and conditions of modifications by Customer of Equipment or Xerox Operating this Agreement shall a .ty -.wally to such Subsequent Lease, System Software,ar combination of Xerox Equipment or Xerox Including, without limitation, the reservation of a purchase Operating System Software lea°: and licensed, respectively, money security interest in the Subsequent Lease Equipment. pursuant to this Agreement with equipment or software not Equipment previously lea :.' shall be security for the Subse- supplied by Xerox. quant Lease until such time as all of Customer's obligations with 16.SOFTWARE respect to the previous lease have been fully satisfied, Xerox hereby grants to Customer, at the applicable charge (if With respct to I addition of Upgrades and Accessories,the any),the non-exclusive right to use the current standard Release number of lease payments owing on the Subsequent Lease shall of Xerox Operating System Software ("Software"). Xerox.re- be the same as the number of payments owed under this Agree- ment the right to require implementation of subsequent merit immediately prior to the addition of the Subsequent Lease. standard Releases in order to be able to properly maintain Equip- On each monthly payment reminder Invoice the monthly lease meat.Customer acknowledges that such Software is compo payment due on the Upgrade or Accessory may be consolida- of confidential data and knowhow which are either proprietary to red with the monthly leas payments ow ed!under this Agreemnt Xerox or to a Xerox licensor. Customer :.rees to treat all prior to the Subsequent Lease addition. In the event the Cus- tamer exercises its option to renew the lease on the original B, GOVERNING LAW Equipment,exercises its purchase option at the end of the origi- 0 1 nal Equipment lease,or terminates such lease by purchase,Cus- This Agreement shall be governed by the laws of New York State. tomer will be deemed to have taken the same action with respct C. COMPUANCE WITH STATUTES AND REGULATIONS to the Upgrade or Accessory,When equipment is add:• to this Xerox represents that it complies with the r:•uirernems of Agreement each payment made thereafter shall be allocated so applicable F''oral,State and Local statutes and regulations. II that an amount equal to the original payment is applied to the D. EXTRAORDINARY RELIEF lease of the original Equipment and an amount equal to the in- crease is applied to Me Subsequent Lease; however, the Except for obligation of payment, neither Xerox nor Cus- tamer shall be liable for non-•:rformance caused by circurre amount of any cash down payment on the Subsequent Purchase stances beyond their control, including, but not limited to shall be deemed to be allocated in its entirety to such Purchase, work mope. fires, civil disc), dience, riots, rebellions, 19.DISCLAIMER OF ALL WARRANTIES ON PURCHASE accidents,flood,and acts of God. XEROX MAKES NO WARRANTIES,EITHER EXPRESSED 04R IM- E. FINANCIAL STATEMENTS PUED, AS TO ANY MATTER WHATSOEVER, INCLUDING, Each year during the term of this Agreement, upon Xerox' WITHOUT IJMITATION, CONDITION OF EQUIPMENT, ITS request, Customer shall furnish Xerox with copies of its let- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PUR- est fiscal year-end balance sheet and profit and loss state- POSE,FOR EQUIPMENT WHICH MAY BE PURCHASED BY CUS- merit as prepared by its Certifi:• Public Accountants within TOMER PURSUANT TO PARAGRAPHS 11.A. AND 11.B. OF ninety(90)days after close of such fiscal year THIS AGREEMENT AND XEROX SELLS THE EQUIPMENT AS- IS-WHERE-IS. 20.GENERAL A. NOTICES Notices required pursuant to this Agreement shall be mailed to Xerox at the Customer inquiry address Iclentifi:• on Cus- tomer's most recent payment reminder or invoice and to Customer at the bill-to address identified in the Xerox Order Agreement. All notices made pursuant to this Agreement will be effective upon date of postmark, 1 NOTICE TO THE BUYER(CUSTOMER): 0 1. Do not sign the contract before you read it or if it contains any blanks. 2. You are entitled to an exact copy of the contract you sign. 3. This Lease Agreement cannot be cancelled or terminated except as expressly provided herein. CUSTOMER'S SIGNATURE ON THE XEROX ORDER AGREEMENT AND INITIALS IN THE APPROPRIATE SECTIONS THEREOF IS AN ACKNOWLEDGEMENT OF RECEIPT OF THE DOCUMENTS SPECIFIED IN PARAGRAPH I HEREOF AND THAT CUSTOMER HAS READ AND UNDERSTANDS THE ENTIRE AGREEMENT AND ALL TERMS AND CONDITIONS. THE SIGNER OF THE XEROX EQUIPMENT AGREEMENT AFFIRMS THAT HE/SHE IS A DULY AUTHORIZED CORPORATE REPRESENTATIVE.PARTNER OR PROPRIETOR OF CUSTOMER, AND HAS THE AUTHORITY TO EXECUTE THE AGREEMENT ON ITS BEHALF. CUSTOMER ALSO REPRESENTS THAT THE EQUr ENT IS LEASED PRIMARILY FOR BUSINESS OR COMMERCIAL USE. : 0 Central retephene Company North Carolina o1 A Centei ComPanY CIENTE 120 Fourth Street S.W. RO.Box 23 Hickory;NC 28603-2308 Telephone 784 328 0221 0.Houck Vice President-Operations October 10, 1986 Mr. William T, Laws Assistant County Manager Orange County Hillsborough, North Carolina Dear Mr. Laws: In accordance with your discussion with George Gusler, we hereby agree to extend the Lease Agreement dated December 1, 1985 between Central Telephone Com.any and The County of Orange for office space consisting of approximately 420 square feet of office space and six paved automobile parking spaces on a onth to month leasing arrangement beginning December 1, 1986. Either party may terminate this month to month leasing arrangement upon 30 days advance written notice. If you agree with this arrangement, please sign below and return a signed copy of this letter to us. Yours very truly, L. B. Houck Vice President - Operations - NC LBH:ELJ:fac Agreed to: The County of Orange By Title Date - O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 3, 1986 016 Action Agenda Item * F2 SU'•JECT: ENFORCEMENT AGREEMENT - TOWN OF CHAPEL HILL J SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE *************************************************************************** DEPARTMENT: PLANNING PUBLIC HEARING: Yes'.X_No *************************************************************************** ATTACHMENTS: CONTACT: Marvin Collins 10-14-86 Town Manager Letter; Proposed Enforcement TELEPHONE NUMBERS: Agreement; Sedimentation Hillsborough 732-8181 and Erosion Control Chapel Hill 967-9251 Ordinance of Chapel Hill; Durham 688-7331 Chapel Hill Resolution Mebane 227-2031 86-9-22/R-5 Authorizing Agreement with Orange County. ***********************************x*************************************** PURPOSE: To consider approval of an enforcement agreement between the Town of Chapel Hill and Orange County permitting the Orange County Sedimentation and Erosion Control Officer to enforce the Chapel Hill. SE and S Ordinance within the Town limits / including portions located in Durham County. NEED: On August 31► 1986. the Town of Chapel Hill annexed certain areas in Durham County. On September 22/ 1986 . the Town adopted a Soil Erosion and Sedimentation. Control Ordinance substantially identical to the Orange County ordinance so that the Town regulations would apply in all of Chapel Hill/ including areas of Durham County. The Town desires that Orange County continue enforcement procedures in all of Chapel Hill and requests that Orange County approve and execute the attached agreement. IMPACT: Soil erosion and sedimentation control enforcement would continue on the same basis if the proposed agreement is executed. The agreement would require notice to the Town of enforcement actions taken and approval of fee schedules if different from those applicable in the County's jurisdiction. The agreement could be terminated upon 1.20 days' advance written notice and amended upon mutual concurrence by the Town and County Managers. Differences between the Chapel Hill and Orange County ordinances include the following: 01b- 1. Provisions applicable in University Lake watershed have been deleted from the Chapel Hill ordinance. 2. Under the Chapel Hill ordinance, appeals are to the Town Engineer, Planning Board, Town Council , and N.C. Sedimentation Control Commission (NCSCC) , respectively. Appeals within the County's jurisdiction are to the Planning Director, Planning Board, ;oard of Commissioners, and NCSCC, re:pectively. 3 . Review of and comment on erosion control plans will be sought from the Durham County Soil and Water Conservation District where projects are to be constructed in the Durham County portion of Chapel Hill . Review and comment is required only from the Orange District in the County ordinance. 4 . Under the Chapel Hill ordinance, the Orange County Soil Erosion and Sedimentation Control Officer is responsible for enforcement of the ordinance unless the Town appoints, employs or contracts with another individual. Under the County ordinance, the SE and S Officer is responsible for ordinance enforcement without qualification. RECOMMENDATION: Approve and execute the agreement. 02C TOWN OF CHAPEL HILL REVD OCT 1 1986 306 NORTH COLUMBIA STREET CHAPEL HILL,NORTH CAROLINA 275I4399 October 14 , 1986 Telophomc (919) 968-2700 Mr. Kenneth R. Thompson, County Manager 106 E. Margaret Lane Hillsborough, N. C. 27278 Dear Ken: Re SE&S Ordinance for Chapel Hill - Enforcement Agreement; Request by the Town Council for Presentation On September 22, the Town Council adopted the enclosed ordinance and resolution as previously submitted to you. We are therefore enclosing a proposed agreement between the County and the Town for enforcement of the ordinance. The agreement is ready for signing if it is acceptable to you. If you or your staff have any need, to discuss the proposed agreement, please feel free to call Greg Feller at 968-2745. Before adopting the ordinance, the Town Council members asked questions about enforcement procedures and policies such as minimizing uncovered areas and putting dawn ground cover before full completion of large projects. The Council asked that the Erosion Control Officer come to a future meeting to make a presentation on the ordinance and its enforcement. We would be most appreciative if Mr. Faircloth would come to the November 24 Town Council meeting. Town staff will also make a report on stormwater management at that meeting. We appreciate very much the time and assistance which Warren and Geoff Gledhill gave us in preparing our recommendations to the Town Council. With kind regards and best wishes, Sincerely, David R. Taylor Town Manager DRT:emh Enclosures: Proposed Contract Ordinance and Resolution adopted September 22, 1986 A 021 A RESOLUTION AUTHORIZING AN AGREEMENT WITH ORANGE CC NTY FOR ENFORCEMENT;NT OF THE SOIL EROSION AND SEDIMENTATION NTATION a IN CE IN CHAPEL HILL INCLUDING PORTIONS OF CHAPEL HILL OUTSIDE' CP ORANGE COUNTY ( -9 -2 2 f,'-5) LSE IT RESOLVED by the Council of the Town of Chapel hill that the County hereby approves, and authorizes the Town Manager to enter into on with Orange County by which the Town, an agreement and behalf a County staff will enforce Soil Erosion and Sedimen- tation regulations in all of the Town of Chapel hill including areas of the Town outside of Orange. County. Such an agreement may include, but is not limited to, substan- tially the following: 1 ,, Orange County staff would enforce the Chapel Hill Soil Erosion and Sedimentation ordinance on the same basis in all areas of the Town. 2. The Town or County may terminate the agreement upon 120 days advance written notice. 3. Soil Erosion and Sedimentation er it applications and. approval certifications would be processed by Orange County staff as in past years, Orange County may collect and retain application fees to off set costs of administration and enforcement on behalf of the Town. 4. The County Manager and Town Manager or their designees may from time to time establish administrative proce- dures as needed in regard to a stration and inter- pretation of the Soil Erosion and Sedimentation ta on Contral Crlinance, This the 22nd day of September, 1986. I hereby certify that this is a true and correct copy of Resolution n _ - 5 as adopted by the Mayor and Council of the esolu,�tig� 22/L�- of Chapel Hill on the 22nd day of September, 1986. /1 / te-e,... , ellea/Z- a NaNa s Date z ".l� ''' y 15 v 1 � A Mr.) N x�' r .,,,:,- ;,741,„,,,,,::::::-',14.41j.:!;,t7,-,› NORTH CAROLINA AGREEMENT ORANGE COUNTY This Agreement made and entered into the day of , 1986, by an. between Orange County (County) and the Town of Chapel Hill (Town) for enforcement of Soil Erosion and Sedimentation (SE&S) Control regulations: WITNESSETH WHEREAS, the Orange County SE&S Officer and staff have enforced the County SE&S Ordinance in Chapel Hill since the mid-1970's pursuant to resolutions adopted by the Town of Chapel Hill in 1976 and 1979, and pursuant to N.C. G.S. 153A-122; and WHEREAS, on August 31, 1986, the Town of Chapel Hill annexed certain areas in Durham County, and on September 22 the Town Council adopted SE&S regulations substantially identical to the Orange County SE&S Ordinance so that said Town regulations will apply in all of the Town of Chapel Hill including areas of Durham County; and WHEREAS, the Town and County desire to continue enforcement procedures for consistency in all of the Town pursuant to an agreement under G.S. 160A-461; NOW THEREFORE the Town and Count y hereby hereb... ag ree as follows: 1. Orange County shall administer and enforce the Chapel Hill Soil Erosion and Sedimentation Ordinance in the Town of Chapel Hill, including areas outside Orange County, on behalf of the Town. Administration shall include by way of illustration without limitation, processing applications, field inspections, maintaining files and records, and issuing notices. 2. The Erosion control Officer shall inform the Town's Director of Inspections of actions such as revocation of permits, imposition of requirements in addition to those in approved SE&S plans, appeals, and of other items of which the Erosion Control Officer desires to inform the Town; and shall in addition by letter notify the Town Manager of such actions. 3. Orange County shall appoint the Erosion Control Officer ,and shall establish application fees subject to review and approval by the Town if such fees differ from those applicable in Orange County areas outside of the Town of Chapel Hill. 4. This agreement shall continue until terminated. The Town or the County may terminate this agreement upon 120 days' advance written notice to the County Manager or Town Manager, as appropriate. 5. The Town Manager and County Manager or their designees may amend this agreement upon mutual concurrence and may estblish, upon mutual concurrence, administrative procedures to supplement this agreement. IN WITNESS WHEREOF, the Town and County have caused this instrument to be executed by the Town Manager and. County Manager, and they have hereunto set their hands and seals on the day and year first above written. Date: For Orange County Attest: Date: Date: For the Town of Chapel Hill Attest: Date Approved as to form and authorization: Date: Town Attorney This instrument has been pre-audited in the manner required by. the Local Government Budget and Fiscal Control. Act. Date: F nce Director Al O2'1, AN ORDINANCE ADOPTING SOIL EROSION AND SEDIMENTATION REGULATIONS (86-9-22/0-2) WHEREAS, the Town Council of Chapel Hill, North Carolina recog- nizes a great need to control soil erosion and sedimentation and those activities which result in erosion and sedimentation within Chapel Hill and within areas affecting the Town; and WHEREAS, the North Carolina General Assembly, through Chapter 392 of the Session Laws of North Carolina, 1973, and other laws, has delegated to local governments the power to control such erosion and sedimentation; and WHEREAS, Town Council desires to exercise such power; NOW, THEREFORE, BE IT ORDAINED by the Town Council of Chapel Hill: Section 1 - Title This ordinance may be cited as the Chapel Hill Soil Erosion and Sedimentation Control Ordinance. Section 2 - Purposes This Ordinance is adopted for the purposes of; (1) Regulating the clearing, grading, excavation, filling and manipulation of the earth and the moving and storing of waters in order to: control and prevent accelerated soil erosion and sedimentation, prevent the pollution of water, prevent damage to public and private property, maintain the balance of nature, prevent the obstruction of natural and artificial drainageways, inhibit flooding and reduce the undermining of roads and other transportation facilities. (2) Establishing procedures through which these purposes can be fulfilled. Notwithstanding the provisions of Section V herein, the Town Council hereby declares its intent that all of the departments and agencies of the Town of Chapel Hill, its contractors and subcontractors shall comply with the regulations set forth in this Ordinance. Section 3 - Definitions As used in this Ordinance, unless the context clearly indicates otherwise, the following definitions apply: Accelerated Erosion - means any increase over the rate of natural erosion as a result of land-disturbing activities. 2 O2 Acre - means 43 ,560 square feet. Act - means the North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to it. Adequate Erosion Control Measure, Structure, or Device - means one which controls the soils material within the land area under responsible control of the person conducting the land-disturbing activity . Airicultural land - is land used primarily for the production of plans and animals and intended for private consumption or sale, including but not limited to forage and sod crops, grain and feed crops, tobacco, cotton and peanuts; dairy animals and dairy products, poultry and poultry products; livestock, including the breeding and grazing of any or all such animals; bees and apiary products; and fur animals. Borrow - means fill material which is required for on-site construction and is obtained from other locations . Buffer Area - means the strip of land adjacent to a lake or natural watercourse. The boundaries and purposes of which are as set forth in Section 8 (a) . Channel - a natural or artificial watercourse with a definite bed and banks to confine and conduct the flow of water. Channel Alterations - a change of the water-carrying capacity or flow characteristics of a natural or artificial channel by clearing, excavation, bank stabilization or other means. Channel Stabilization - erosion prevention and stabilization of velocity distribution in a channel using jetties, drops, revet- ments, vegetation, and other measures. Commission - means the North Carolina Sedimentation Control Commission. Denuded Area - any area deprived of its protective vegetative cover and left in that exposed condition. De.artment - means the North Carolina Department of Natural Resources and Community Development. Develo, ment - any man-made change to improved or unimproved real estate, including but not limited to construction of buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. District - means the Orange or Durham County (as applicable) Soil and Water Conservation District created pursuant to Chapter 139 , North Carolina General Statutes. 3 0212 Diversion - a channel or a ridge or combination thereof which is constructed across sloping land either on the contour or at a predetermined grade. Its purpose is to intercept and divert surface runoff before it gains sufficient volume and velocity to cause erosion and convey the surface runoff to a protected area. Energy Dissipator - means a structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or con- duits to receive and break down the energy from high velocity flow. Erosion - means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof. Erosion Control Officer - means the person designated under Section 16 of this Ordinance. Ground Cover - means any natural vegetative growth or other material which renders the soil surface stable against accelerat- ed erosion. Groundwater Recharge - the infiltration of water into the earth. It may increase the total amount of water stored underground or only replenish supplies depleted through pumping or natural discharge. Impervious _ Structure - is any structure which prevents free seepage of rainwater into the ground, including but not limited to buildings, paved roads, paved parking lots, airport runways, etc. Intermittent Stream - a stream or portion of a stream that flows only in direct response to precipitation. It receives little or no water from springs and no long-continued supply from melting snow or other sources. It is dry for a large part of the year . Lake or Natural Watercourse - means any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment or any body of water which is or would be denoted by a solid blue line or solid blue shapes on United States Geological Survey topographic maps. Land-disturbing Activity - means any use of the land by any person in residential, industrial , educational, institutional, or commercial development, highway and road construction and mainte- nance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Local Government - means any county, incorporated village, town or city, or any combination of counties, incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of this Article. 4 O2 4( Natural Erosion - means the wearing away of the earth' s surface by water, wind, or other natural agents under natural environmen- tal conditions undisturbed by man. Peak Discharge - the maximum instantaneous flow from a given storm condition at a specific location. Person - means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. Person Conducting Land-disturbin Activit - means any person who may be held responsible for a violation unless expressly provided otherwise by this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act. Person Responsible for the Violation - as used in this Ordinance means: (a) the developer or other person who has or holds him- self/herself out as having financial or operational control over the land-disturbing activity; and/or (b) the landowner or person in possession or control of the land when he/she has directly or indirectly allowed the land-disturbing activity or has benefited from it or he/she has failed to comply with any provision of this Ordinance, the Act, or any other adopted pursuant to this Ordinance or the Act as imposes a duty upon him/her. Phase of Grading - means one of two types of grading, rough or fine. Plan - means erosion and sediment control plan. Sediment - means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin. Sedimentation - means the process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land-disturbing activity or into a lake or natural watercourse. Siltation - means sediment resulting from accelerated erosion which is settleable or removable by properly designed, construct- ed, and maintained control measures; and which has been trans- ported from its point of origin within the site of a land-disturbing activity; and which has been deposited, or is in suspension in water. 5 Wee Storm DrainAge Facilities - the system of inlets, conduits, channels, ditches, and appurtenances which serve to collect and convey stormwater through and from a given drainage area. Storm Water Runoff - means the direct runoff of water resulting from precipitation in any form. Stream - a body of water flowing in a natural surface channel. Flow may be continuous or only during wet periods. Swale - an elongated depression in the land surface that is at least seasonally wet, is usually heavily vegetated, and is normally without flowing water. Swabs conduct stormwater into primary drainage channels and provide some groundwater recharge. Ten Year Storm - means the surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average once in 10 years, and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions. Tract - means all contiguous land and bodies of water in one ownership, or contiguous land and bodies of water in diverse ownership being developed as a unit, although not necessarily all at one time. Uncovered - means the removal of ground cover from, on, or above the sail surface. Undertaken - means the initiating of any activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract of land. Velocity - means the average velocity of flow through the cross-section of the main channel at the peak flow of the storm of interest. The cross-section of the main channel shall be that area defined by the geometry of the channel plus the area of the flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not being included for the purpose of computing velocity of flow. Waste - means surplus materials resulting from on-site construc- tion and disposed of at other locations. Wetland - areas that are inundated or saturated at a frequency and for a duration sufficient to support a prevalence of vegeta- tive or aquatic life requiring saturated or seasonally saturated soil conditions for growth and reproduction. Workingdays - means days exclusive of Saturday and Sunday during which weather conditions or soil conditions permit land-disturbing activity to be undertaken. 6 Section 4 - Sco•e and Effect It shall be unlawful , within the jurisdiction of this Ordinance, to engage in land-disturbing activity, except as provided herein, without first obtaining a permit as required by this Ordinance and without complying with the conditions of the issuance of said permit. Conflicts and duplications among portions of this Ordinance shall be resolved in favor of the more stringent regulation. Whenever conflicts exist between federal, State or local laws , ordinances, or rules, the more restrictive provision shall apply. Section 5 - Exclusions This Ordinance shall apply to land-disturbing activities under- taken by any person in the Town of Chapel Hill, with the follow- ing exclusions: a. Those undertaken on agricultural land for the production of plants and animals useful to man, including but not limited to forage and sod crops, grains and feed crops, tobacco, cotton, and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all such animals; bees and apiary products; fur animals. b. Those undertaken on forestland for the production and harvesting of timber and timber products. c. Activities undertaken by persons as defined in G.S . 113A-52 (8) who are otherwise regulated by the provisions of G.S. 74-76 through G.S. 74-68, the Mining Act of 1971. d. Those land-disturbing activities over which the State by statute has exclusive regulatory jurisdiction, which are activities : (1) conducted by the State, (2) conducted by the United States, (3) conducted by persons having the power of eminent domain, (4) conducted by local governments, (5) licensed by the State or the United States, (6) funded in whole or in part by the State or the United States. Section 6 - General Requirements a. Protection of Prosert person(s) conducting land-disturb ng activities shall take all reasonable mea- sures to protect all public and private property from damage by such activities. This requirement shall apply to any 7 , OdL areas to be disturbed, regardless of the size of the area to b. be uncovered. Erosion Control Plan Reciuirements - prior to the commence- ment of any land-driturbing activity that will result in the uncovering of more than 20, 000 square feet of land, the person (s) conducting the land disturbing activity must prepare and submit an Erosion Control Plan for the proposed site. The Plan must be approved and a Grading Permit ob- tained prior to the start of the disturbance. The Erosion Control Officer may, at his discretion, grant a Plan Waiver if the amount of disturbance is between 20, 000 square feet and 40 , 000 square feet, the site conditions warrant it and the disturbance is not directly adjacent to a sensitive area. Section 7 - Basic Control Ob 'ectives The basic control objectives which are to be considered in developing and implementing an erosion and sedimentation control plan are to a. Identify Critical Areas - on-site areas which are subject to severe erosion, and off-site areas which are especially vulnerable to damage from erosion and/or sedimentation, are to be identified and receive special attention, and appro- priate mitigative measures are to be taken to protect those areas. b. Limit Ex.osed Areas - all land-disturbing activities are to be planned and conducted to minimize the size of the area to be exposed at any one time. c. Limit Time of Exposure - all land-disturbing activities are to be planned and conducted to limit exposure to the short- est feasible time. d. Control Surface Water - surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure. e. Control Sedimentation - all land-disturbing activities are to be planned and conducted so as to prevent off-site sedimentation damage. f. Manage Storm Water Runoff - when the increase in the peak rates and velocity of storm water runoff resulting from a land-disturbing activity is sufficient to cause accelerated erosion of the receiving watercourse, plans are to include measures to control the velocity and the rate of release at the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream. ti B Section 8 - Mandatory Standards for Land-disturbing Activity No land-disturbing activity subject to the control of this Ordinance shall be undertaken except in accordance with the following mandatory standards; a. Buffer Zone - no land-disturbing activity shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearer the land-disturbing activity, provided that this subsection (a) shall not apply to a land-disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse. b. Graded Slopes and Fills - the angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. In any event, slopes left exposed will, within 30 working days of completion of any phase of grading, be planted or otherwise provided with ground cover, devices, or structures sufficient to restrain erosion. c. Ground Cover - whenever land-disturbing activity is under- taken on a tract comprising more than 20,000 square feet, if more than 20, 000 contiguous square feet are uncovered, the person conducting the land-disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construc- tion or development within 30 working days or 120 calendar days following completion, whichever period is shorter. d. Desi.n and Performance of Control Measures - erosion and sedimentation control measures, structures, and devices shall be so planned, designed, and constructed as to provide protection from accelerated erosion and sedimentation from the calculated maximum peak rates of runoff from the ten-year frequency storm. Runoff rates shall be calculated using the procedures in the USDA Soil Conservation Service' s "National Engineering Field Manual for Conservation Practic- es, " or other calculation procedures acceptable to the Erosion Control Officer. e. Prior Plan A.pproval - No person shall initiate any land-disturbing activity if more than 20,000 square feet are to be uncovered unless, thirty or more days prior to initi- ating the activity, an erosion and sedimentation control plan for such activity is filed with, approved by, and a Grading Permit obtained from the Erosion Control Officer. 9 d 4- Section 9 - Permanent Downstream Protection of Stream Banks and Channels Provision shall be made for permanent protection of off-site stream banks and channels from the erosive effects of increased velocity and volume of stormwater runoff resulting from land-disturbing activities. a. Control of Velocity - stream banks and channels downstream from any Land-disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from a land-disturbing activi ty. The land-disturbing activity shall be planned and conducted such that the velocity of stormwater runoff in the receiving watercourse at the point of discharge resulting from a 10-year storm after development shall not exceed the greater of: (i) the velocity as determined from the table of permissi- ble velocity for stormwater in 3) , or (ii) the velocity in the receiving watercourse determined for the 10-year storm prior to development. If conditions (i) and (ii) of this paragraph cannot be met, the channel below the discharge point shall be designed and constructed to withstand the expected velocity. 1) Acceptable Management Measures- measures applied alone or in combination to satisfy the intent of this subchapter are acceptable if there are no objectionable secondary consequences. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Some alternatives are to: (i) avoid increases in surface runoff volume and velocity by including measures to promote infil- tration to compensate for increased runoff from areas rendered impervious; (ii) avoid increases in stormwater discharge velocities by using vegetated or roughened swales and water- ways in lieu of closed drains and high velocity paved sections; (iii) provide energy dissipators at outlets of storm drainage facilities to reduce flow velocities at the point of discharge; these may range from simple rip-rapped sections to complex structures; (iv) protect watercourses subject to accelerated erosion by improving cross-sections and/or provid- ing erosion-resistant lining. 10 2) Exceptions - this rule shall not apply in areas where it can be demonstrated that stormwater discharge velocities will not create an erosion problem in the receiving watercourse. 3) The following is a table of permissible velocity for stormwater discharges : Maximum Permissible Material Velocities f.p.s. M.P.S. Fine Sand (noncolloidal) 2 .5 .8 Sandy Loam (noncolloida] ) 2. 5 . 8 Silt Loam (noncolloidal) 3 .0 .9 Ordinary Firm Loam 3. 5 1. 1 Fine Gravel 5 . 0 1 . 5 Stiff Clay (very colloidal) 5.0 1. 5 Graded, Loam to Cobbles (noncolloidal) 5 .0 1.5 Graded, Silt to Cobbles (colloidal) 5. 5 1. 7 Alluvial Silts (noncolloidal) 3 .5 1 . 1 Alluvial Silts (colloidal) 5. 0 1. 5 Coarse Gravel (noncolloidal) 6 .0 1 . 8 Cobbles and Shingles 5.5 1. 7 Shale and. Hard Pans 6.0 1 . 8 Source : Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil Engi- neers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0 . 9 for moderately sinuous channels, and by 0 .8 for highly sinuous channels. Section 10 - Borrow and Waste Areas When the person conducting the land-disturbing activity is also the person conducting the borrow and waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials other than landfills regulated by the Depart- ment of Human Resources, Division of Health Services, shall be considered as part of the land-disturbing activity where the borrow material is being used or from which the waste material. originated. When the person conducting the land-disturbing activity is not the person obtaining the borrow and/or disposing of the waste, these areas shall be considered a separate land-disturbing activity. Section 11 - Access and Haul Roads Temporary access and haul roads, other than public roads, con- structed or used in connection with any land-disturbing activity shall be considered a part of such activity. ii 0 3 Section 12 - aerations in Lakes or Other Natural Watercourses Land-disturbing activity in connection with construction in, on, over or under a lake or natural watercourse shall be planned and conducted in such a manner as to minimize the extent and duration of disturbance of the stream channel. The relocation of a stream, where relocation is an essential part of the proposed activity, shall be planned and executed so as to minimize changes in the stream flow characteristics except when justification for signif- icant alteration to flow characteristics is provided. Every effort shall be made to maintain buffer zones consisting of existing vegetation between the land-disturbing activity and the watercourse . Section 13 - Responsibility for Installation and Maintenance During the development of a site, the person engaged in or conducting the land-disturbing activity shall be responsible for installing and maintaining all temporary and permanent erosion and sedimentation control measures and facilities as required by the approved or revised Erosion Control Plan, any provision of the Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act. The responsibility for installing and maintaining permanent erosion and sedimentation control measures and facilities after completion of the site development shall lie with the land owner or person in possession or control of the land except facilities and measures installed within road or street rights-of-way or easements accepted for maintenance by a government agency. Section 13 .1 - Off-Site Facilities The Erosion Control Officer may allow stormwater runoff that is discharged in volumes or at rates in excess of those otherwise allowed by this Ordinance to be discharged into drainage facili- ties off the site of development if the off-site facilities and the channels leading to them are designed, constructed, and maintained in accordance with the standards of this Ordinance. Adequate provision must be made for the sharing of the construc- tion and maintenance expenses of the facilities. A request to use off-site drainage facilities and all information related to the proposed off-site facilities should be made part of the develop er's erosion and sedimentation control plan. Section 14 - Additional Measures Whenever the Erosion Control Officer determines that significant sedimentation is occurring as a result of land-disturbing activi- ty, despite application and maintenance of protection practices, the person conducting the land-disturbing activity or the person responsible for maintenance will be required to take additional protective action. 12 0 3 Section 15 - Existin. Uncovered Areas a. All uncovered areas existing on the effective date of this Ordinance which (I) resulted from land-disturbing activities not excluded under. Section 5 , and (ii) if such areas are outside the University Lake Watershed and exceed 20, 000 contiguous square feet, and (iii) are subject to continued accelerated erosion, and (iv) are causing off-site damage from sedimentation, shall be provided with a ground cover or other protective measures, structures, or devices sufficient to restrain accelerated erosion and control off-site sedi- mentation. b. The Erosion Control Officer will serve upon the landowner written notice of violation by registered or certified mail , return receipt requested, or other means. The notice will set forth the measures needed to comply and will state the time within which such measures must be completed. In determining the measures required and the time allowed for compliance, the authority serving notice shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits for compliance. c. The Erosion Control Officer reserves the right to require preparation and approval of an erosion control plan in any instance wherein extensive control measures are required. d. This rule shall not require ground cover on cleared land forming the future basin of a planned reservoir unless the disturbance and length of time of the exposure prior to the filling of the reservoir will result in erosion and sedimen- tation of the downstream channel . Section 16 - Erosion Control Officer The Orange County Erosion Control Officer will be responsible for carrying out the provisions of this Ordinance, unless the Town appoints, employs or contracts with another qualified person (s) to perform such responsibilities. Section 17 - Permits a. No person shall undertake any land-disturbing activity which would require the uncovering of 20, 000 square feet or more of land without first obtaining the required approvals and permits from the Erosion Control Officer. Permit application forms must be signed by the landowner or his authorized agent. The agent signing must have a signed letter of authorization from the owner. 13 No permit is required for the following activities : 1 . For the purpose of fighting fires. 2 . For the stock-piling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off-site damage. 3 . For disturbances that do not exceed 20,000 square feet in surface area- In determining the area, contiguous lands under one or diverse ownership being developed as a unit will be aggregated. b. Erosion Control Plan Approvals and Plan Waivers - An Erosion Control Plan must be submitted to the Erosion Control Officer when the proposed land disturbance is greater than 20,000 square feet. However, at the discretion of the Erosion Control Officer a Plan Waiver may be granted when the disturbance is between 20,000 and 40, 000 square feet, site conditions warrant it, and the disturbance is not directly adjacent to a sensitive area. The application for a Plan Waiver must contain sufficient information about the proposed site for the Erosion Control Officer to determine if granting a Waiver is justified. c. Before starting a land-disturbing activity greater than 20 , 000 square feet, the owner or his agent shall obtain a Grading Permit from the Erosion Control Officer. Erosion Control Plans or Plan Waivers must be approved before a Grading Permit will be issued. Grading permits may be obtained when the Plan or Waiver is approved or prior to the start of the land disturbance. d. Expiration of Permits - Erosion Control. Plan Approvals and Plan Waivers expire if the land-disturbing activity is not begun within 6 months of the approval date. All Erosion Control Plans approved prior to the adoption of this amend- ment will expire 6 months after the adoption if the land-disturbing activity had not begun by that date . Grading Permits expire if the land-disturbing activity does not begin within 6 months of the date of issuance. The land-disturbing activity is considered to have started when the necessary erosion control practices have been property installed and the site clearing or grading has begun. e. Orange County may establish such fees as considered neces- sary to defray costs of administering this ordinance on behalf of the Town. 14 0 3'; f. Whenever a person conducting a land-disturbing activity is not complying with the provisions of this Ordinance, the Grading Permit, the Approved Erosion Control Plan or any amendments to the Plan, the Erosion Control Officer may revoke the Grading Permit for the site. Notice of Revocation shall be sent by registered or certified mail to the person conducting the land-disturbing activity. in the event delivery cannot be accomplished by registered or certified mail, it may be accomplished in any manner provided in Rule 4 (j) of the North Carolina Rules of Civil Procedure. upon receipt of the Revocation Notice, the person responsible must immediately order all land-disturbing activities to cease except those which are specifically directed towards bringing the site into compliance . Once the site has been inspected and remedial work approved by the Erosion Control Division, the responsible party may reapply for a Grading Permit and pay the appropriate fee. Resumption of land-disturbing activities other than those necessary to bring the site back into compliance before the reissuance of the Grading Permit will constitute a violation of the Ordinance. The person conducting the land-disturbing activi- ty may appeal the revocation of a Grading Permit following procedures set out in Section 21 (f) of this Ordinance. Section 18 - Erosion and Sedimentation Control Plans a. An Erosion Control Plan shall be prepared for all land-disturbing activities subject to this Ordinance whenev er the proposed activity is to be undertaken on a tract comprising more than 20 ,000 square feet, if more than 20, 000 square feet are to be uncovered. The Plan shall be filed with the Erosion Control Officer and the Orange or Durham County (as applicable) Soil and Water Conservation District, 30 days prior to the commencement of the proposed activity. If the land-disturbing activity involves 20, 000-40,000 square feet and meets the requirements under Section 17 (b) , the Applicant may apply for a Plan Waiver, which does not require a formal Erosion Control Plan. b. The Orange or Durham County Soil and Water Conservation District, within 20 days of receipt of any plan, or within such additional time as may be prescribed by the Chapel Hill Town Council, or such other body or officer designated by the Council, shall review such plan and submit its comments and recommendations to the Erosion Control officer. Failure of the District to submit its comments and recommendations to the Erosion Control Officer within the prescribed time will not delay final action on the plan. 15 , ()kit c. The Erosion Control Officer will review each plan submitted and within 30 days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or disapproved. Failure to approve or disapprove a complete erosion and sedimentation control plan within 30 days of receipt of the complete plan shall be deemed approval. Denial of a plan must specifically state in writing the reasons for denial . The County must approve or deny a revised plan within 15 days of receipt, or it is deemed to he approved. If, follow- ing commencement of a land-disturbing activity pursuant to an approved plan, the County determines that the plan is inadequate to meet the requirements of this Ordinance, the County may require such revisions as are necessary to comply with this Ordinance. In order to be considered complete, a plan submitted for approval must contain the proposed erosion control plan, the completed application, the statement of financial responsi- bility and ownership, and the plan review fee. The 30-day review period begins when all of the components of the complete plan are received. d. The plan required by this section shall contain such archi- tectural and engineering drawings , maps, assumptions, calculations, a d narrative statements as are needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this ordinance. The plan shall comply with all applicable State and local regulations for erosion and sediment con- trol. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation may be obtained from the Soil Conservation Service 's "Guide for Erosion Control on Construction Sites, " or from the Erosion Control Officer on request. e. Application for amendment of an erosion control plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the Erosion Control Officer, the land--disturbing activities shall not proceed except in accordance with the erosion control plan as originally approved. If the Erosion Control Officer, either upon review of the Erosion Control Plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, revisions to the plan will be required. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the Erosion Control Officer. 16 03 t 1. Erosion Control Plans shall be accompanied by an authorized statement of financial responsibility and ownership. This statement shall be signed by the person financially respon- sible for the land-disturbing activity or his/her attorney in fact. The statement shall include the mailing and street addresses of the principal place of business of the person financially responsible and of the owner of the land or their registered agents. g. A copy of the approved Erosion Control Plan and any amend- ments and required revisions shall be kept on the job site at all times. Section 19 - Appeals a. The disapproval or modification of any proposed erosion control plan by the Erosion Control Officer shall entitle the person submitting the plan to an appeal of the decision to the Chapel Hill Town Engineer. If the Town Engineer upholds the decision, the person shall be entitled to a public hearing if such person submits written demand for a hearing within 15 days after receipt of written notice of disapproval or modification. b. (1) Hearings held pursuant to this section shall be con- ducted by the Chapel Hill Planning Board within 30 days after receipt of written demand for such hearing made by the person submitting the plan. (2) The Planning Board shall made recommendations to the Town Council within 30 days after the date of the hearing on such erosion control plan. (3) The Town Council will render its final decision on any erosion control plan upon which a hearing is requested within 30 days of receipt of the recommendations from the agency conducting the hearing. c. In the event that the Town Council upholds the disapproval or modification of a proposed erosion control plan following the public hearing, the person submitting the erosion control plan shall be entitled to appeal the local govern- ments action to the North Carolina Sedimentation Control Commission as provided in Section 113A-61 (c) of the General Statutes and Title 15 NCAC 4B .0018 (b) . Section 21 - inspections and Investigations a. The Erosion Control Officer will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine whether the activities are being conducted in accordance with the plan and to determine whether the measures required in the plan are effective in controlling erosion and sediment resulting from land-disturbing activities . 17 Oi b. If, through inspection, it is determined that a person engaged in land-disturbing activity has failed to comply with the approved plan, a notice of violation shall be served upon that person by registered or certified mail, return receipt requested, or other means. The notice shall set forth the measures necessary to achieve compliance with the plan, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. If the person engaged in land-disturbing activity fails to comply within the time specified, enforcement action shall be initiated. In the event service cannot be accomplished by registered or certified mail, it may be accomplished in any manner provid- ed in rule (4) j of the North Carolina Rules of Civil Proce- dure. c. The Erosion Control Officer shall have the power to conduct such investigations as he may reasonably deem necessary to carry out his duties as prescribed in this Ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigat- ing and inspecting the sits of any land-disturbing activi- ties. No person shall refuse entry or access to any author- ized representative or agent of the Town who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties. d. The Erosion Control Officer shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land-disturbing activities. e. The Erosion Control Officer shall have the power to revoke grading permits issued by the Erosion Control Division as provided for under Section 17 (c) of this Ordinance. f. Whenever any person is violating this Ordinance or any rule or order adopted or issued pursuant to this Ordinance, or any term, condition, or provisions of any approved erosion control plan, the Erosion Control Officer may, either before or after the institution of any other action or proceeding authorized by this Ordinance, issue a stop work order for the site on which the violation has occurred. Upon issuance of such an order and the posting of same on the site of the violation, all work on the site of the violation shall cease, except those activities necessary to bring the site into compliance with this Ordinance. Notice of the stop work order shall be in writing, directed to the person conducting the land-disturbing activity and shall state the reasons for the issuance of the order, and the conditions under which 18 0 4 A work may be resumed. Notice shall be given by registered or certified mail. In the event service cannot be accomplished by registered or certified mail, it may be accomplished in any manner provided in rule 4 (j) of the North Carolina Rules of Civil Procedure. The person conducting the land-disturbing activity may appeal a stop work order to the Town Council within a period of five days after the order is issued. Notice of appeal shall be given in writing to the Town Council, with a copy to the Erosion Control Officer. The Town Council shall conduct a hearing at their next scheduled meeting at which the appellant and the Erosion Control Officer or inspector shall be permitted to submit relevant evidence, and shall rule on the appeal as expeditiously as possible. Pending the ruling by the Council on an appeal, no further work shall take place in violation of a stop work order. Section 22 - Penalties a. Civil Penalties (1) Any person who violates any of the provisions of this Ordinance or rules or orders adopted or issued pursuant to this Ordinance, or who initiates or continues a land-disturbing activity for which an erosion control plan is required except in accordance with the terms , conditions, and provisions of an approved plan, shall be subject to a civil penalty of not more than $100 . No penalty shall be assessed until the person alleged to be in violation has been notified of the violation by registered or certified mail, return receipt requested, or other means. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation must be correct- ed, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. Each day of a continuing violation shall constitute a separate violation under Section 22 (a) (1) . (2) The Town Council shall determine the amount of the civil penalty to be assessed under Section 22 (a) and shall make written demand for payment upon the person responsible for the violation, and shall set forth in detail a description of the violation for which the penalty has been invoked. In determining the amount of the penalty, the Town Council shall consider the degree and extent of harm caused by the violation and the cost of rectifying the damage. If payment is not received or equitable settlement reached within 30 days after demand for payment is made, the matter shall be re- ferred to the town or county attorney for institution of a civil action in the name of the town or county in the appropriate division of the General Courts of % 19 04‹ Justice for recovery of the penalty. Any sums recovered shall be used to carry out the purposes and require- ments of this Ordinance. b. Criminal Penalties Any person who knowingly or willingly violates any provision of this Ordinance or rule or order adopted or issued pursu- ant to this Ordinance, or who knowingly or willfully initi- ates or continues a land-disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved plan shall be guilty of a misdemeanor punishable by imprisonment not to exceed 90 days or by a fine not to exceed $5, 000 , or by both, at the discretion of the Court. Section 23 - Injunctive Relief a. Whenever the governing body of the Town or County has reasonable cause to believe that any person is violating or threatening to violate this Ordinance or any rule or order adopted or issued pursuant to this Ordinance, or any term, condition, or provision of an approved erosion control plan, it may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the Town or County for injunc- tive relief to restrain the violation or threatened viola- tion . The action shall be brought in the Superior Court of Orange County or Durham County, as applicable. b. Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation or to prevent the threatened violation . The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this Ordi- nance. Section 24 - Severability If any one or more sections of portions thereof of this Ordinance are held to be invalid or unenforceable, all other sections and portions thereof shall nevertheless continue in full force and effect. Section 25 - Effective Date This Ordinance will, become effective upon adoption by the Town Council of Chapel Hill and the approval of the North Carolina Sedimentation Control Commission. This the 22nd day of September, 1986. 1.0111•111111111■ 4 o42 . . I hereby certify that •this is a true and correct copy of Ordinance 86-9-22/0-2 as adopted by the Mayor and Council of the Town of Chapel Hill on the 22nd day of September , 1986. - , • , . . . . i ......,,...... Nanr, y J . Welts Da .e Tow CI rk : - , . ,,,,,,,,,k-,' , -•'.,pr.,..: ...,..,4:-.,„....i.:::::, ..,e . IC . ). q . . ... 1 1 • . ORANGE 'COUNTY BOARD, OF COMMISSIONERS • ACTION AGEOA ACTION AGENDA ITEM ABSTRACT ITEM II0F MEETING DATE November 3, 1986, ■ -- - . 0 4 4 SUBJECT: Proposed Budget Amendments , . 1 "DEPARTMENT: Finance ' . PUBLIC HEARING: : YES x NO•* . . 1 , 1 . ATTACHMENT(S) : ' INFORMATION CONTACT: . Donna Wagner _ . . 0 _ ......... , Proposed Budget Amendments .-' ' PHONE NUMBERS: HILLSBOROUGH - 732-8181 - : HILLSBOROUGH - 732-9361 1 „ , - ' CHAPEL. HILL - 967-9251 ' L . 1 . „ MEBANE - 227-2031 DURHAM - 688-.7331 , . . , PURPOSE: ConsideratiOn of proposed.budget amendments. „ • . . , . . - ..• - . . . „ NEED: . . GENERAL FUND . . . • . . . To budget for foster parent training funds provided to the Department of Social Services .Department'''-by.,,OPC Mental 'Health. (The centradt was approved by the Board'of Commissioners on October 21, 1986. ) . - . ' JAIL CAPITAL PROJECT FUND . -., „ . . . . . To budget for additional funds that will be required' in, order to complete the installationof a generator at the Orange County Jail. (The bid was awarded by the Board of Commissioners on October 21, 1986. ) . . . . COUNTY CAPITAL PROJECT FUND To transfer funds to the Jail Capital Project Fund in order to complete the . installation of a generator at the Orange County Jail:' , . * , . - IMPACT: . , GENERAL, FUND This amendment will increase funds available to the Orange County Department of Social Services for foster parent training; no County match is required. . . JAIL CAPITAL PROJECT FUND This amendment will increase funds available:in this capital project fund with a transfer from the County Capital VUnd. „ 1 „ . . COUNTY CAPITAL PROJECT FUND 11 This amendment will decrease funds in the County Capital Project by transferring funds to the Jail Capital Project. . RECOMMENDATION(S) ; . . Approve the motion to amend the 1986-87 Budget Ordinance by the proposed amendments. 0 41 if: ORANGE COUNTY PROPOSED 1986-87 BUDGET AMENDMENT The 1986-87 Budget Ordinance as adopted on July 23, 1986, and subsequently amended, is hereby amended as follows: Before After Amendment Amendment Amendment GENERAL FUND Appropriation: Social Services $3,125,733- $ 1,040 $3,126,773 Source: °PC-Foster Parent Training 0 1,040 °, 1,040 To budget for foster parent training funds. JAIL CAPITAL PROJECT FUND Appropriatiton: Rewiring 5,500 $ 1,700 7,200 Source: Transfer from County Capital 0 1,700 1,700 Projects To budget for installation of a generator. COUNTY CAPITAL PROJECTS FUND Appropriation: Transfer to Jail Capital Project $ 0 $ 1i700 $ 1,700 Source: Fund Balance Appropriated 102,823 1,700 104,523 To transfer funds to the Jail Capital Project Fund, Approved thiS 3 day of November, 1986. Q41 ORANGE COUNTY BOARD OF COMMISSIONERS Action Aqgpda Item No. 1-5 ACTION AGENDA ITEM ABSTRACT Meeting Date: NOVEMBER 3 , 1986 SUBJECT: APPRAISAL SERVICES CONTRACT DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 APPRAISAL CONTRACT TELEPHONE NUMBER: (Under Separate Cover in Commissioners Hillsborough - 732-8181 Paekets) Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider approving a revised appraisal services contract for the Efland Sewer Project. NEED: On October 6, 1986 the Board awarded an appraisal services contract to Kathy Buck. iscussions among Ms. Buck, County staff and the County Attorney concluded with all agreeing several, clauses should be deleted from the contract. The deleted clauses reference services not required for condemna- tion appraisals. The amount of compensation will remain $150.00 per parcel . IMPACT: Although preliminary appraisal work has begun, on site appraisals will begin after contract approval. RECOMMENDATION(S) : • Approve revisrbd' appraisal services contract for the Efland sewer project. „.4 BOARD Op COmMISSIONERS ACTION AGENDA '1\10.Ecom ACTION AGENDA ITEM ABSTRACT ITEM MEETING DATE November 3) 1986 Oft" SUBJECT:Emergency Aid and Assistance Certificate DEPARTMENT: EMERGENCY SERVICES PUBLIC HEARING: ' YES XNO ATTACHMENT(S) : INFORMATION CONTACT: 1...bby Baker Yes , PHONE NUMBERS: HILLSBOROUGH 732-8161i CHAPEL HILL 92981O9; PURPOSE: To allow for the regulation and administration of emergency medical services within Orange County as provided by our ordinance. NEED: A certificate to grant the right to regularly respond to requests for emergency aid and assistance/ and to administer medical aid and assistance to patients in emergency medical situations. IMPACT: Would allow Mebane Fire Department Is First Responders to regularly respond to emergency medical calls in the area of Orange County being provided fire protection by the Mebane Fire Department. RECOMMENDATION(S) : Issue a certificate valid through May 17, 1988. 04 t COUNTY OF ORANGE • APPLICATION FOR EMERGENCY AID AND ASSISTANCE CERTIFICATE I. Name of Applicant Mebane Fire Department Address of Applicant P. 0. Box 314 Mebane N. C. 27302 Name and address of the owner of any vehicle to be used in responding to the requests for emergency aid and assistance. Town of Mebane 106 E- Washington Street, Mebane, N. C. 27302 U. The trade name, organizational title or other adopted name, if any, under which the applicant operates n/a III. List the members or affiliates of the organization, their individual addresses, the emergency medical training and experiences of each member (see attached) . IV. Attach a description of: A. The training programs of the organization including continuing medical education and the relationship with area hospitals. B. The communication capabilities and requirement of the organi- zation's communication system. V. Attach a list of the medical equipment and supplies available for use by the organization--separating zasic Life Support equipment from Advanced Life Sup ort equipment. VI. List all sources of income to the organization Alamanoe County, Town of Mebane, Efland Fire Deportment. and Dpnations , VII. Other information: A. Type of service proposed: Emergency Transportation Convalescent and Nonemergency Transportation X First Responder Rescue Other (Specify) _ B. Attach a description of the method and means of providing such service, including the area to be covered. VIII. Date of application October 17, 1986 04 t IV. A. Monthly Fire Training and Recertification Training B. Central Communications in Graham, N. C. V. 13ac Life Support Blankets Rico Suction Unit Airways Air Splints Frac Pack (2) Portable Stretchers (1) Stokes Basket 300 ft. Rescue Rope Burn Sheets OB Kits Bag Mask Sand Bags Life Belts 10 Ton Porto Power (2) Demand Valve Resuscitators (1) Bag Mask Trauma Kits w/scissors, gauze, kling, stethoscope, BP cuff alcohol, surgical gloves, etc. VII. B. We will respond when dispatched by Central Communications in Graham or Mebane Police Department. We wish to cover the area of our primary Fire District. lff- Al tip roster of members or affiliates of your organization. N ame- Address Level and Date of Experience dial Spcurity No. Certification (Include sDecial skills or caa b#?itij i e Moore 123 Cornwallis Ct. MIT 531_56-4583 Mete , tad 27302 April, 1986 CA Danny Morton W. Ruffin St., EMT 243-86-2495 Mebane, NC 27302 April, 1986 Dwight Murphy 305 S. 7th Street EMT 243-11-1151 Mebane, NC 27302 April, 198,E Johnnie Parker Rt. 6, First Responder 237-76-9393 Mebane, NC 27302 December, 1985 Richard Roessler 105 Laramie Ct. First Responder 244-92-1814 Mebane, NC 27302. December, 1985 Jav Smith 103 N. Oakland Dr. EMT 238= -1161 Mebane, NC 27302 April,' 198,E Jimmy vn Rt. 2, First Responder 295-94-7821:` Mebane, NC 27302 December, 1985 III. Alphabetical roster of members or affiliates of your organization: : 4ame Address Level and Date of Experience iccial Security N . Certification (Include serial skills of capabilities) W. B. Ashley s. Rt. 6, Box- 236 EMT 244-06-8034 Mebane, NC 27302 April, 1983 011ie Bowler 118 N. 9th Street First Responder 241-96-9853 Mebane, NC 27302 M=ay, 1986 Tim Bradley 712 N. 9th Street EMT 242-98-0370 Mebane, NC 27302 April, 1985 Todd Bradley 301 N. 6th Street aff 24 -35-9053 Mebane, NC 273012 July, 1986 Jackie Buckner 410 R. Graham Street EMT 239°56-2176 Mebane, NC 27302 April, 1985 Mike Burch 412 W. Crawford Street First Responder 237-76-4102 Mebane, NC 27302 December, 1985 Domg Carroll 617 S. 5th Street EMT 244= 6-482.2 Mebane, NC 27332 July, 1985 David Carver 301 S. 8th Street EMT 0060°34-9486 Me-bane, NC 27302 .Idly, 1984 ,Terry Everett 121 Cornwallis Ct. first Responder CP 243-96-0527, Mebane, NC 27302 December, 198.E Bob "a an Rt. 5, First Responder 118-28-6643 Mebane, NC 27302 December, 1985 COUNTY OF GRAN IERGE Y AID AND ASSISTANCS CEFrIIFICATS WHEREAS-, the ? _ —Provides a its emergency medical services to the citizens-of orange County; and, C WIEREA. , there has been demonstrated that the public convenience and necessity require the—MEBANE FIRE DEPARTMENT to operate in this county.to provide essential services to the citizens of Orange County; and, WHEREAS, the kMPANE FIRE 2MARTMENT. has indicated, that it '-will comply with the terms and conditions prescribed by An Ordinance Regfilating the Operation of Ambulance Services and the. Ad-ministration of Emergency Medical Assistance in Orange County, Port Carolina,--the Board 'of County Cnmmi. loner of-Orange County hereby issues an Emergency Aid and Assistance Certificate.t AW_ for the yarn Ig In issuing this Certificate it is understood that the WSANE FIRE DEPARTMENT will meet the following x and conditions: _ AND ASSISTANCE: TO PATIENTS IN-EMERGENCY MEDICAL SITUATIONS - COUNTY BEILIG PROTECTION E ) T - ai #iFSd& +F--B;ar s sa'4 �r iF 1x L+/_,,". s I O R A N G E C O U N T Y BOARD OF COMMISSIONERS O5 ti ACTION AGENDA ITEM ABSTRACT Me-ling Date No elelleL l 19k. Action enda Item. SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENTS ( 1 ) Design Standards - Existing Mobile Home Parks (2) Off-Street Parking (Handicapped Parking Facilities) DEPARTMENT: PLANNING PUBLIC el i C �E A R I NG �_yes n..... ._._ ._XX No Attachment( s) information Contact: MARVIN COLLINS * Proposed Text Amendments Minutes of 10-6-86 Pub I is Ho ar i ng Draft 10--20-86 Planning Board Minutes (* See 10-6-86 Agenda Packet for Text Amendments) Telephone. Numbers _- Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chap- 1 Hill - 967-9251 PURPOSE: To consider proposed amendments to the Zoning. To receive the Planning Board recommendations. NEED: These items were submitted to publlic hearing on August 25, September 16 and October 6, 1986. Concerns have. identi- fled by mobile home park owner/operators and residents about the application of design standards In Article 6.21 . 1a)2) and requested deletion of the Article from the Zoning Ordinance. Removal from the Ordinance would "grandfather" existing parks, excluding them from the application of new design standards. The provisions related to handicapped parking facilities stem from a concern that no requirements for such facilities exist in the Zoning Ordinance . If provided, handicapped parking can only be required' presently through conditions of approval, attached to subdivisions and planned developments, and through application of State Building Code requirements. IMPACT: The proposed text amendments, if approved, would exclude exist- ing mobile home parks from complying with new design standards for mobile home parks and would require new development to provide off-street parking faciliities for handicapped persons . . RECOMMENDATION: The Planning Board recommends approval of the proposed amendments. The Board a l s o recommends that the Board of Com- missioners deletion of Article 6,2 1 . 1 a) 2) i s based on under- standing that M o b i l e Home Park Advisory Group w i l l meet with Ordinance Review Committee and Planning Board in developing standards for parks which address health and safety issues . a e . PROPOSED ORDINANCE AMENDMENT 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 ****************************x*** 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. IMPAC T'SfISSIIES: 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 : .ard 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 Planning subsequently 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 AME 4MENTS: Deletion of Article 6 .21.1 a) 2) ************************************ ORDINANCE REVIEW SUBCOMMITTEE: July 310 1986 PLANNING BOARD REVIEW: August 50 1986 BOCC REVIEW: August 190 1986 ORA.NGE COCINTY P 1T TE TG DEPART ► . • BORO 7GII Non Txx C.,LROLMa 27278 • !ut'1S 4a;' may' NOTICE On March 18 1 86 the Board of adopted er 9 Comraiasicaners� adcaP amendmeata to the Orange County Zoning Ordinance which affect existing mobile home parks developed prior to September 1987 in Chapel dill, Hillsborough, Eno and Bingham Townships and prior to October 1984 in Cheeks Township . These mobile home parka are considered to be non cantorming. . q F The adopted amendments require that replacement of mobile home units in nom-conforming mobile home parks be subject to the fallowing prov°isiona: 1) a 10,000 square toot apace per mobile ho ,e unit 2) a permanent stand for each mobile home unit 3) setback requirements for each space: 25t setback from road and/or road right.of . way 10 ' setback from rear/aide lines of the space b) a 180 square foot patio for each space 5) two (2) off-street parking spaces for each space 6) a walkway oannecting each, mobile ho area unit to the patio and parking area The require,,eents 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 have any questions on this matter . Department if gon, Hillsborough 732-8181 Mebane 2272031 Durham 688-7331 Chapel Hill 967 -9251 . . n 6 .t1 3 REZ32'72D 6 .24 . _ . . • . y , � 1 r! 6 .20 .1 Ground absorption spstems with a design capacity of 3 ,000 gallons per day or ,ore and package treatment plants for sanitary sewage disposal are expressly prohibited is the A$ ..districts and Rural Buffer Districts as shown Jar the Laud Use Plan except as may be approved through a Special Use Permit or a Planned. Development District.. 8 .21 Amended 3.1846 00:097 6 t a) Existing mobile home parks that do not meet the standards set forth in Artie1ea 5, fi sad 7I shall be considered non-conforming. Such parks shall not expand in any way, 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 nu r er 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 .e•acer be improved in accordance with Subsea on • ' . a o ' s .r. .ance. emava an. replacement a , sun un s s.a no be considered expansion of the non conforming use. b) New mobile home parks or portions of existing mobile home panes that have been previously approved , but have not constructed substantial improvements or do not have sewage disposal . zyste r•s installed on the date of adoption of this section shall meet all applicable standards for new mobile home parks as set forth in Article 5, 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 Names on Individual Lots Amended . 3-18..88 a) Mobile homes , as principal residential buildings on individual lots , in existence at the• time of the 6-25 a. Mobile homes, as defined in Article 22 of this ordinance b . Caretaker's or ,anager's hol, or office. . . a . Service buildings and areas necessary to provide washin drying machines for domestic laundry, sanitation , rest rove storage, vending machines , and other similar services provided the facility for the use and convenience of the mobile home p tenants.. d.. Recreation buildings/facilities and areas serving only the mob . home park in which they are located . - e. Custa. - ry accessory buildings and facilities necessary operation of the mobile home park in which they are located . f. Storage buildings (so longer than 12 feet by 12 feet in base, TO feet in height) for individual mobile home spaces . g. Fenced, communal storage areas provided by the park operator boats, campers,. and other accessory vehicles belonging to p residents. h. Sales or mvbi'e 'tomes to be located within the district permitted only for mobile homes which are already located approved and established mobile home lots or spaces. T 2Q . a,) - Mobile homer space requirements are specified below. ., A mobile home, spaces, vill 0001, 1 park shall be divided into mobile home the limits of each space clearly established on the ground thousand rm nen ( 10 ,000)i .s pare minimum. area of a space shall be t permanent stakes. The q feet per .living unit; provided , howev 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 . (See 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 hone spaces on the ground shall approximately the sa-e as those shown on the approved plans. T degree of accuracy obtainable by working with a scale an the pl and then a tape on the ground is acceptable . Precise engineers or surveying of space limits is not required either on the pla or on the ground . 1 7-39 1 3 . Only one ( 1 ) mobile home may be erected on any mobile home spat at one ti e. u' . Each mobile home must be placed on a per ,anent stand or pad bui; to the specifications listed below. a. Eadh stand must comply with those standards specified in t , n r . - 1 . The remaining area of the stand ( th area of the stead which extends beyond the area on which t unit has been placed) must have a base of at least thr inches of compacted crushed stone, gravel, or paved slab . b . The location of each mobile home stand must be at elevation, distance and angle in relation to the adjace ' access drive so that placement and removal of the mobi, home is practical by means of customary moving equipment . o. The surface of each mobile home stand or pad and the ar around it shall be graded where, necessary for prop , drainage. d . The following separation requirements shall pertain to eve mobile home, single wide or double wide, within the park: 1) Minimu Depth of Front Yard* Twenty-five (25) feet measured from the street right-o way line.* 2) Minimum. Width of Side Zarde Ten ( 10) feet. 3) Minimum Depth of Rear Yard*' Ten ( 10) feet . o The term "yard" in this context is used to describe t . placement of the mobile home within the mobile bo. space and is not a "setback's requiremnt as defined Article 22 of the Zoning Ordinance . e. No mobile home stand may be located with direct access to public street . f. An attached structure such as an awning , cabana , store,:,< building , carport, windbreak , or porch which has a .;flo. ' area larger than 25 square feet and is, roofed will b' considered to be part of the mobile home stand for purpos = of determining separation requirements. 5 . Each mobile ho must have a permanent patio located adjacent 7-40 or attached to the mobile, home stand. The patio must. be built the standards below. a. Each patio must be at least one hundred eighty ( 180) qua feet in area. b . Each patio .punt have sufficient gradient to provide t adequate drainage away from the mobile hoe stand . c. Each patio must have a well graded, well drained . a compacted base and be constructed of portland, cement masonary. 6 . Each mobile home apace shall have otr street parking facilit� i for two (2) vehicles . Each parking space must be at least a, hundred eighty ( 180) square feet in area, with a minimum width nine (9) feet. It must be surfaced with at least Pour (4)of compacted crushed stone. inch 7 . A walkway (constructed of compacted mood chips , crushed ston gravel , or concrete) must be constructed for each mobile ho apace 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 sub it a numbering/location system of the pa to the Orange County Planning Department . 10 • The pp ca yt ittot n$ Count y S lanaiDep artment tenancy . rules regulations including., but. n', limited to: a . Prohibiting Junked and/or abandoned vehicles , within the par b . Prohibiting the accumulation of rubbish. c . Prohibiting outside storage of any nature . b) 1. A mobile home park must have a minimum frontage consistent tai the requirements of the zoning district in which it is locate If the proposed lot for the developaent of a. mobile home park a lot of record , there must be a minimum frontage of sixty. (8a) feet along a publicly dedicated street . 2 . The minimum setback of the park from a public street„ must consistent with the requirement of the zoning district in whi it is located . No parking is permitted in the required setback 3 . Mobile home stands must be located at least one hundred (10 7-41 PROPOSED ORDINANCE AMENDMENTS ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 10 OFF-STREET PARKING- AND LOADING ORIGIN' OF' AMENDMENT: X STAFFX PLANNiNG 80. BOCC PUBLIC . OTHER STAFF , PRIORITY' RECOMMENDATION: X HIGH . 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. lNEW3, Section. 10.8 Hand I'c,Dpped_&r.Iiagq..F.;s-a r itIea 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 I MON 11x3.3 pufk ng to t FOR SRS CUT SEE RX32(b) IIx33t4 2X OF TOTAL N - EVER OF SPACES OR MINIMUM OF ONE SHALL BE SET ASIDE 4 DESIGNATED FOR USE OF PN Si ALLY ! DISABLED. SC)4 PARKING SPACES S14ALL BE CLEARLY MARKED BY SIGNS FOR USE EliOF HANDICAPPED CEL T PfT PACUL&A spkta _ SPAM 14ANDICAPPED PARKING BETWEV CARS l Eal SPACES ""` SPACES SHALL BE A MINIMUM OF W- TIME ,REQUIREMENT "R 14ANVIE Q PARKING SPACES VIDE t LOCATED AS - iS I im So- 'D ES IS CONSIDERED TO 9E VERB MINIMAL RES RV � NEAR A S TO Tx I OUNT � Ia I E a Bulux9r, ENTRANCES PARKING OR CErFLALLY WXTED y IN PARKIN& LOTS t BETWE i StIlLDINGS (SEE E N TED - r A i�fir° � � I, SZ _ (11x)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 acceplable. The minimum number of assigned spaces shall be as 10110ws: 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 we placed on the diagonal or vertical shall be a minimum ol 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 2047.5 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 0-6. ,""," FIST If7T'.AEEC TO TaFTE STTT TAFI4 T? v l RIP,POST SH�WUUILC """ NOT SE�PLACED WHEEL itris"..., d„AECESS To CAR'S AT 1113,2'6b �S ORO S 'IN CURE CUT$ SEOUL° I3Tx MAJDR PTITHTS OF TOCATEQ VNEP E IT I S PEDESTIIIAN FLoIW,Post �� �T1dco " NO N vows 'To HA IT�CIssie T,TE PoR, aE m ONy..°I3E T gLL ENOU H . IM C kM17 N --.....,„***---...., '''''..'*.1-'004,e44'' ,":".":"*.4 T"r BE DasTITuCTE.N'w EIY ARS 4 APPROPRIATELY PA# 'rgo ♦ L se S TAKEN R N"HER EARPJE S. OR MARKED TO EASILY Se CARE AN:IS NoT SO m UE"E 1 OV PEOPLES T TO TH I TM S 9►IIIwETIN4TI TIIIMTT'' , *,,;.* ,,,,,,,,, ;, :,„ ' P 1/ w x 10117 , , p � , ✓d a d l + 456 04. ^ „✓✓ fir r AVoll> IN LING CUR . , I4ANDRA4Ls EPA Egos UM IS gl,q'AA q ' D ABOVE- TO UNLESS RAMP MP TE T AN '"AAFETI:ACTT' ' ' T THAN to ' S oU 7 B TAKEN THAT ST AOS worTM siOES CURE RAMPS 4 RAILS Do NOT GRADUALLY FEATIBEBE C ' IN THEMSELVES BECAME A AT A SLOPE OF It:20. HAZARD TO THE BUNG. "...,. ^. . ,.... .r.,,.. RIMnI SOREJNX FO.% as,. FOR Colo cur D'ETAILS 7 TiETECTIDN ay THE ON I EFERToNoRTN CAECA Pk h " ? MI w • - BLIND AVAR Ni1C,�S",�cror1 44.o�"^-+d. a-` AND THE Co.DEFA4 T NT tag TTAREiM „ I IA!Ays o IdaISPI"04LINLO K ""RA poRTATION •^ *,. :- RATS MO TEA MO FOR PAHoi P"PEO Peg o$ n AND RecoM4 MENAhT1GITa `s. CrTIIAI HERE= 4�. s SURFACE o AS C�T� IIO .T7 RAVE A ,✓r TE�w goof yLIF * . IIAI� ERrasr,' 1 4^rli T TE. {r. s w I L44 tlTIIIItiCNT A+ET. TYPE, I- FLARED » .. 'ot,, " �� `Mum. w.... , - r rti. TSaTxI" 04.4 P4uwlr4rvli3aa� uE .., ., ... r . Reco MprbCM�EI3�0 «w 0. — _w ` " ak - ° �� � ," �„� `. TNT-F'-PARALLEL ^r�"• a + ` C o A B RAMPS MAY LEAD WHEN ,PPI TENT DEPTH t M u" �""" THE BLIND tII�TIA;IA[I"AII"ITI^CLY E FOR S.'3% III .' y " IUTO THE STREET E MAy 5L�P MAY EUM.T 74. I4TI '�. THEY /�M CHI T TJTi TO BRREET `,.. '` MAARAED +wVITH A wAAN1NG TYPE W-'wptATPECI or r �r TEXTURE. RAMPS WHICH SEE PLC.TI PAIITT�IT:AIT OF E,XTEINITI INTO TIME STREET TRAN, ..NOTION mylo4OlJ TYPE II -N ADIU6ETM ELKS .. T P,OP-OFF APE. ALSO OF 11160104"PII3LICATIOI^J. THIS TYPE T'`, to IIECAIMAE TJANCETr, wtU,S., "CMS AA's^ IRE° AT CURD PROVIDE VISUAL Of MAIMS/ION ALL STREETS,MITGVTIJIIMI ‘D'IR ton NAL 0AiENTATI'ON FOIT 40AMAric.1IIACC0ILDAN E TOE IILIND w4TH'E"wM4 4I•14 (//ti - A:9- 6 DRAFT r JOINT PUBLIC HEARING MINUTES OCTOBER 6, 1986 BOCC PRESENT: ALL PRESENT: . Carl Walters ( Vice-Char , Chris Best, Tim Hub i ) Chi P/B Pi�I=S Hubbard, Peter. Kramer, Mike Lewis, Betty Margison, Sharlene Pilkey, David Shanklin, Prince Taylor, Steve Yuhasz. STAFF PRESENT: Kenneth Thompson, Beverly Blythe, Marvin Collins, Gene Bell , Brad Torgan , Joanna Bradshaw. ITEM M #3b Existing il .21 . 1 or New Mobile Home Parks Deletion of retro-active application of des ign standards and , re p ort on public safety requirements for parks Collins began by reviewing the history of the Mobile Home Ordinance to this particular point. . in March of this year the Board of Commissioners adopted an ordinance which.` would require existing mobile home parks to comply with new standards for mobile home parks . On April 7, the Board of Commissioners placed a moratorium on the enforcement of the. new standards as they applied to existing mobile home parks . The moratorium- was nlaced into effect pending a review of the standards by the Planning Board. The Planning Board Ordinance Review Committee conducted a public meeting on July 31 , 1986 for the purpose of receiving public comment. Two issue's 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 arescinded. The Ordinance Review Committee of the Planning Board as well as the full Planning Board recommended that a public hearing be held this date to consider deletion of Article 5.21 . 1 a) 2) of the Zoning Ordinance. The provision requires each mobile home park to be improved in accordance with Subsec- tion 7.20 .4a) which contains the new design standards for mobile home parks . The design standards include a 10 ,OQO square foot space per mobile home unit, setbacks for each mobile home unit from -lot lines of that mobile home space which are 251 on 'the front and 10 ' on the sides and rear, a 180 square foot patio or deck and i- p n also improvement of she Obt DRAFT JOINT PUBLIC HEARING PAGE 2 actual spaCe on which the mobile home would sit. The deletion of Article 6. 21 . 1 a) 2) , if approved, would provide a "grandfather situation" for existing nonconforminO mobile home parks; they could exist as they are with units being removed and repiac-d provided the overall number of units do not increase and the mobile home park itself is not expanded , Collins noted that If this ordinance amendment is a pp rove d, there e � study Qtng mobile home parks and the standards which have been adopted to determine whether or not they .are fair and equitable in their applica- tion . There has been a report submitted to the Board of Commissioners . Additional information has been distributed tonight which was received from the Sheriff 's Department regarding the number of calls received from mobile home parks In the last four years . Collins noted that this . report indicated that approximately 5% of all calls received by the Sheriff 's Department were from residents of mobile home courts and parks and that 11% of the housing in Orange County is mobile homes. The study would also look at public health and safety issues . It Is the desire of the Planning Staff to develop an ordinance which Is satisfactory to Orange County, the mobile home park owner/operators and the residents of the parks . The emphasis of the study would be in the health and safety issues and what standards if any should apply to new and existing mobile home parks. Chair Walters noted that the proposed amendment would delete Article 6.21 . 1 a) 2) which requires that each mobile home space in an existing mobile home park be improved in accordance with subsection 7 .20.4 a) that contains new g regarding space ,� design standards re ardin g s ace size ( 10,000 sq. ft .) setbacks, patios/decks, etc. Jim Cole, attorney representing mobile home park owner/oper- ators , spoke. He indicated that the citizens in attendance had already attended several meetings and had expressed their desire to have Article 6.21 . 1 a) 2) deleted . He addressed the following, paragraph from the agenda abstracts "The deletion of Article 6 . 21 . 1 a) 2) . 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 I n developing standards for new/existing parks. The standards would then be brought back to public hearing at.,a later date ." He stated that the desire of the park owner/operators Is to delete the Article and keep the existing standards . for existing mobile home parks and have the new standards for new mobile home parks . He continued inquiring why mobile home parks were "picked out" for an investigation into health and safety standards rather than such an investiga- tion being conducted for all of Orange County housing. He DRAFT. JOINT PUBLIC HEARING AGE Indicated that, 2/3 or more of the people living in mobile home parks own theiir own lot and that those citizens do not feel such an investigation 1s needed . gg He suggested� ested that there are apartment projects in Orange County- which present health and safety hazards and are not being investigated . Mr. Cole continued, expressing the feeling that mobile home park owner/operators as well as mobile home park residents were being legislated out of existence simply because the aesthetics were not what some Board members would desire. Cheryl Moody noted that her mobile home park has been in existence for thirty years . She. continued that she is a teacher, a professional and that this professonelism is . carried over into the operation of the mobile home park. She continued expressing the feeling that the service of moderate income housing was being provided and noted some of the services and advantages that were available to residents of the mobile home park . She indicated the feeling of pride and accomplishment in her mobile home park which it seems the ordinance is taking away. Joey Coiclough read from a newspaper article dated March 22, 1985 which quoted Don Willholt, Chair of the Board of County Commissioners as saying " It appears that we are well on our way to becoming the mobile home capital of North Carolina." He expressed concerns that Orange County - is trying to take away "rights" which had been previously granted by the Constitution . He noted the desire of the manufactured housing communities is to be left alone to continue the right of enjoyment and the running of the legal business of mobile home parks. Jimmy Freeland , operator of J 3 J Mobile Home Park , stated. that In fourteen years of operation he had never called .the Sh=riff 's Department to his mobile home park . He Indicated he felt he would be unable to maintain his business If he had to make the improvements indicated by Article 6.21 .1 - a) 2) . Curtis Bane, Jr. , owner/operator of Eublina Junction and. Stonegate Mobile Home Park, indicated that at times when a mobile home is replaced changes may need to be made in the set up and utility lines may need to be moved . if the mobile home Is set in stone this could be very difficult . He also. expressed concern with the requirem . nts for storage build ings. He indicated that any changes should be moderated by. State standards . -� Janes Ban, mobile home resident, expressed concern that he would not be able to afford his mobile home If he had to make the improvements indicated by Article 6 .21 . 1 a) 2) . Louis Berini , mobile home park owner in Eno Township, referenced a letter asking for comments on the proposed mobile home standards. He expressed concern interpreting otiE . is DRAFT JOINT PUBLIC HEARING PAGE the "words improvements and development requirements noting that these two words are the key to the change in the zoning ordin; nce. He noted that Webster's Dictionary gives the . definition of improve as "to maker as land or real estate, ° more profitable by cultivation or construction" . He noted' as an example the betterment of a road means the resurfacing of it not the destruction of It simply to resurface ft. He . stated further that the definition of development require- , ments is the gradual growth of advancement to progressive changes from an embryo state until maturity. He felt . that in real estate this would mean the beginning of the plan, " the actual construction and the completion of the project'. Mr . erini continued that his interpretation of improving a mobile home park would . not include ft- destruction of the facilities of the adjacent space as he felt the Zoning Amendment would require the park owner to do in Order to . meet the higher level of amenities. He continued that zoning should not require condemnation and destruction of the use of a lot and he felt that, was what this amendment would require and he felt this was unconsitutionel . Mr . Berini asked that the. Board members place themselves in the position of .the mobile home' residents and park owners and . . consider how they would desire the decision on the amendment be made reminding the Boards that regulations in effect at the time the parks were built were all met . J . B. Stinson, owner of a mobile home park on Route 2 Mebane, 985wit stated Oang,e had been County concerningobthesplacementDecember,., of an additional mobile home in . his p ark . He expressed much . dissatisfaction with current regulations and felt there was ' no need for further regulations, . Beth Bradshaw, mobile home park owner: stated that her mobile home community was built in such a manner that ' surpassed regulations and requirements . She noted that' . - there is always a waiting list for a space in her park. She continued expressing the concern that any ' retro-active . ' amendment would be illegal . She noted that she felt retro- active legislation was not needed and urged the Boards to go forward with the knowledge that had been gained and initiate regulations for new mobile home parks only . . . Ronald Gammon, mobile home owner, expressed dissatisfaction with the retro-active amendment . He asked the Boards how they would react if they " would told they would have to make . considerable improvements to their homes which they did not want or co�ul'd� afford. Ronnie Hester, a four-year resident in a mobile home in Orange County, expressed concern that more was being required of residents than they wanted or could afford . He also noted that for many residents: a mobile home is a stepping-stone to owning property and a home. DRAFT JOINT PUBLIC HEARING PAGE 5 Katherine Mercer, a mobile home resident, expressed concern that facts about mobile home parks had been distorted. She . indicated that she felt the mobile home park owner/operators deserved a grandfather clause without qualifications. She felt this would take care of discrimination against mobile homes . She noted that she is well pleased with the lot she has in a park for her mobile home. Joseph B. Supeano, mobile home owner/property owners stated that he had moved to North Carolina from Connecticut and is well pleased with his home in JOPPA OAKS. He noted that restrictions in North C rolina were not as strict as those An Connecticut nor is the tax base in Orange County as high. He expressed concern with the possibility of new restric- tions being place on existing mobile home parks. Forrest Heath, owner/operator of Ridgewood Mobile Home Park, stated that his park was begun in 1965 before zoning in Orange County . He noted that his park was approximately 25% completed when zoning was enacted. Three-fourths of the property of his park was Zoned residential or farmland with only one-fourth being zoned 'moblie home park district. He explained the process . he pursued to obtain a zoning change. He also reviewed the actions taken by the Board and explained the court proceedings which he had to engage .in to obtain the zoning change . He expressed concern with "retro-- active" amendments especially with the court process he had dy g through complete his mobile already had to go throw h to be able to c©m. home park . Collins indicated that many valid considerations had been presented in regard te the standards . He noted that these represent the real reason that he is recommending further study of the standards. He noted that EMS and the Sheriff 's Department had expressed concern with the lack of nuobering system in th parks and the width of some of the traveiways . He stated that these considerations 4ndicate to him that the Planning Board and Planning Staff and mobile home park owner/operators need to work together on standards which are realistic and equitable. I ( 6( PAGE 10 Planning Board member Hubbard inquired if this were a fine ! I nventcr ;, or if it were to be updated periodically.. Torgan responded it would be updated as more information teccres available. Commissioner Walker stated that a study had been done fairly recently and that a copy of this study should help considerably . , Jo Barbour . Indicated that a Mrs. ingstront had information that should be incorporated in tbe, study . Torgan responded that , those notes prepared by Mrs. angstrom are reportedly missir . Pearson Stewart, Triangle Land Conservancy, encouraged the Boards -icy ar•end the Land Use Plan to include this inventory and supported the suggestion to continually update the inventory as more information becomes available. DRAFT ITEM #3: ZONING ORDINANCE TEXT AMENDMENTS a. Article 10 Off-Street Parking and Loading (Contin- ued from 8-25-861 Handicapped Parking Facilities Presentation by Collins. No requirement exists in the Zoning Ordinance for the. provision of handicapped parking facilities. such facilities , are currently provided through the attach ment of conditions of approval on subdivision plats, planned developments and special use permits;o or through the application of the NC State Building Code requirements. 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) hndicapped 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 NC State Building Code currently requires one ( 1 ) handicapped parking space in each 50 standard spaces but recommends twice that amount. Planning Staff recommends approval of the amendment. There were no comments or questions. . Ut L DRAFT JOINT PUBLIC HEARING 1 TES OCTOBER 6. 1986 B0CC PRESENT: ALL P/B PRESENT: Carl Walters (Vice--Chair) . Chris Best. Tim Hubbard. Peter Kramer, Mike Lewis. Betty Margison. Sharlene P .lkey. David Shanklin. Prince Taylor. Steve Yuhasz. STAFF PRESENT: Kenneth Thompson, Beverly Blythe, Marvin Collins, Gene Bell. Brad Torgan, Joanna Bradshaw. TEM # Article 6.21.1 y • : . u.- - Deletion of retro-active application of design standards and report on public safety requirements for parks Collins began by reviewing the history of the Mobile Home Ordinance to this particular point. In March of this year the Board of Commissioners adopted an ordinance which would require existing mobile home parks to comply with new standards for mobile home parks. On April 7. the Board of Commissioners placed a moratorium on the enforcement of the new standards as they applied to existing mobile home parks. The moratorium was placed into effect pending a review of the standards by the Planning W'oard. The Planning Board Ordinance Review Committee conducted a public meeting on July 31. 1986 for the purpose of receiving public comment. Two issues emerged at the Committee meeting: (1) the *retro-active" nature of the ordinance; and (2) the standards. Spokes" en for the group present asked that the provisions - Article 6.21.1 a) 2) be rescinded. The Ordinance Review Committee of the Planning Board as well • as the full Planning ¢ ward 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 park to be improved in accordance with Subsec- tion 7 .20.4a) which contains the new design standards for mobile home parks. The design standards include a 10.000 square foot space per mobile home unit. setbacks for each mobile home unit from lot lines of that mobile home space which are 25' on the front and 10' on the sides and rear. a 180 square foot patio or deck and also improvement of the 0134. DRAFT JOINT PUBLIC BEARING PAGE 2 actual space on which the mobile home would sit. The deletion of Article 6.21.1 a) 2) r if approved, would provide a "grandfather situation" for existing nonconforming mobile home parks= they could exist as they are with units being removed and replaced provided the overall number of units do not increase and the mobile home park itself is not expanded. Collins noted that if this ordinance amendment is approved, there will be a study of existing mobile home parks and the standards which have been adopted to determine whether or not they are fair and equitable in their applica- tion. There has been a report submitted to the Board of Commissioners. Additional information has been distributed tonight which was received from the Sheriff's Department regarding the number of calls received from mobile home parks in the last four years. Collins noted that this report indicated that approximately 5% of all calls received by the Sheriff's Department were from residents of mobile home courts and parks and that 11% of the housing in Orange County is mobile homes. It is the desire of the Planning Staff to develop an ordinance which is satisfactory to Orange County. the mobile home park owner/operators and the residents of the parks. The emphasis of the study would be on the health and safety issues and what standards, if any, should apply to new and existing uobile home parks. Chair Walters noted that the proposed amendment to Article 6.21.1 a) 2) would, in effect, delete the requirement that each mobile home space in an existing mobile home park be improved in accordance with subsection 7.20.4 a) that contains new design standards regarding space size (10.000 sq. ft.) , setbacks, patios/decks. etc. Jim Cole, attorney representing mobile home park owner/oper- ators, spoke. He indicated that the citizens in attendance had already attended several meetings and had expressed their desire to have Article 6.21.1 a) 2) deleted. He addressed the following paragraph from the agenda abstract: "The deletion of Article 6.21.1 a) 2) , 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 i later date." He stated that the desire of the park owner/operators is to delete the Article and keep the existing standards for existing mobile home parks and have the new standards for new obile home parks. He continued inquiring why mobile home parks were "picked out" for an investi U1 DRAFT JOINT PUBLIC HEARING PAGE 3 home parks own their own lot and that those citizens do not feel such an investigation is needed. Be suggested that there are apartment projects in Orange County which present health and safety hazards and are not being investigated. Mr. Cole continued, expressing the feeling that mobile home park owner/operators as well as mobile home park residents were being legislated out of existence simply because the aesthetics were not what some Board members would desire. Cheryl Moody noted that her mobile home park has been in existence for thirty years. She continued that she is a teacher, a professional, and that this professionalism is carried over into the operation of the mobile home park. She continued, expressing the feeling that the service of moderate income housing was being provided and noted some of the services and advantages that were available to residents of the mobile hope park. She indicated the feeling of pride and acco plishment in her mobile home park which the ordinance would take away. Joey Colclough read from a newspaper article dated March 22, 1985 which quoted non WilLl.hoit, Chair of the Board of County Co " issioners as saying It appears that we are well on our way to becoming the mobile home capital of North Carolina." Be expressed concerns that Orange County is trying to take away "rights" which had been previously granted by the Constitution. He noted the desire of the manufactured housing communities is to be left alone to continue the right of enjoyment and the operation of the legal business of mobile home parks. Jimmy Freeland, operator of J & J Mobile Home Park, stated that in fourteen years of operation he had never called the Sheriff's Department to his mobile home park. He indicated he felt he would be unable to maintain his business if he had to make the improvements indicated by Article 6.21.1 a) 2) . Curtis Bane, Jr. , owner/operator of Euglina. Junction and. Stonegate Mobile Home Park, indicated that at times when a mobile home is replaced changes may need to be made in the set up and utility lines may need to be moved. If the mobile ho+e is set in stone this could be very difficult. He also expressed concern with the requirements for storage build- ings. He indicated that any changes should be moderated by State standards. J- ices Ban, mobile hope resident, expressed concern that he would not be able to afford his mobile home if he had to make the improveuents indicated by Article 6.21.1 a) 2) . Louis Berini, mobile home park owner in Eno Township, referenced a letter asking for coy" ents on the proposed, mobile home standards. He expressed concern interpreting the words "improvements" and "development"' noting that these 0 ti DRAFT JOINT PUBLIC HEARING PAGE 4 words are the key to the change in the zoning ordinance. :e noted that Webster,s Dictionary gives the definition of "improve" as "'to make/ as land or real estate, more profitable by cultivation or construction" . He noted as an example the betterment of a road means the resurfacing of it not the destruction of it simply to resurface it. Be stated further that the definition of development" is ' the gradual growth of advancement to progressive changes from an embryo state until maturity". He felt that in real estate this would mean the beginning of the plane the actual con-truction and the completion of the project. Mr. Berini continued that his interpretation of improving a mobile home park would not include the destruction of the facilities of the adjacent space as he felt the zoning amendment would require the park owner to do in order to meet the higher level of amenities. He continued that zoning should not require condemnation and destruction of the use of a lot/ and he felt this was unconstitutional. Mr. Berini asked that the 1=oard members place themselves in the position of the mobile home residents and park owners and consider how they would desire the decision on the amendment to be made. He reminded the Boards that regulations in effect at the time the parks were built had been met. J. B. Stinson/ owner of a mobile home park on Route 2. Mebane, stated he had been having problems since Bece".er. 1985 with Orange County concerning the placement of an additional mobile hole in his park. He expressed much dissatisfaction with current regulations and felt there was no need for further regulations. Beth Bradshaw, mobile home park owner, stated that her mobile home co unity was built in such a manner that surpassed regulations and requirements. She noted that there is always a waiting list for a space in her park. She continued expressing the concern that any retro-active. amendment would be illegal. She noted that retro-active legislation was not needed and urged the Boards to go forward with the knowledge that had been gained and initiate regulations for new mobile home parks only. Ronald GaHm on, mobile home owner, expressed dissatisfaction with the retro-active amendment. He asked the Boards how they would react if they were told to make considerable improvements to their homes which they did not want or could not afford. Ronnie Hester, a four-year resident in a mobile home in Orange County/ expressed concern that more was being required of residents than they wanted or could afford. He also noted that for many residents. a mobile holle is a stepping-stone to owning property and a home. Katherine Mercer. a mobile home resident/ expressed concern Ubt:. DRAFT JOINT PUBLIC HEARING PAGE 5 that facts about mobile home parks had been distorted. She indicated that she felt the mobile home park owner/operators deserved a grandfather clause without qualifications. She felt this would take care of discrimination against mobile homes. She noted that she is well pleased with the lot she has in a park. Joseph B. Supeano, mobile home owner/property owner, stated that he had moved to North Carolina from Connecticut and is well pleased with his home in. Joppa Oaks. He noted that restrictions in North Carolina were not as strict as those in Connecticut nor is the tax base in Orange County as high. He expressed concern with the possibility of new restric- tions being placed on existing mobile home parks. Forrest Heath, owner/operator of Ridgewood Mobile Home Park, stated that his park was begun in 1965 before zoning in Orange County. He noted that his park was approximately 25% completed when zoning was enacted. Three-fourths of the property of his park was zoned residential with only one- fourth being zoned mobile home park district. He explained the process he pursued to obtain a zoning change. He also reviewed the actions taken by the Board and. explained the court proceedings which he had to engage in to obtain the zoning change. He expressed concern with "retro- active" amend' ents, especially with the court process he had had to go through. Collins indicated that many valid considerations had been presented in regard to the standards. He noted that these represent the real reason that he is recommending further study of the standards. He noted that EMS and the Sheriff's Department had expressed concern with the lack of a numbering system in the parks and the width of some of the travelways. He stated that these considerations indicate to him that the Planning Board and Planning Staff and mobile home park owner/operators need to work together on standards which are realistic and equitable. Billy Bane Villinova expressed the concern that placing more restrictions on mobile homes would affect their affordabil- ity. fo dabil- ity. She encouraged the Board of Co"tissioners to listen to the col ents from mobile home park owner/operators and act accordingly. Bart Walters stated that . he has been a mobile home park. dweller for over five year and was only moving now due to I the fact that he had been able to save money to purchase property of his own. He indicated he felt the mobile home parks should be able to continue operation under the standards which were in effect at the time they were built. It was asked from the audience that the amendment be read in its entirety. Collins responded that there is not a text amendment per se in written form. If something is deleted 0'61 DRAFT JOINT PUBLIC HEARING PAGE 6 from the text it is not written, it is simply taken out of the ordinance. He continued reading Article 6.21.1 a 2) and noting that the phrase "that the space be improved in. accordance with Subsection 7.20.4a) of this ordinance" is the phrase which requires existing mobile home parks to comply with the new standards. By deleting this phrase. a grandfather situation would be created. AGENDA ITEM *1: ZONING ATLAS AMENDMENTS a. Z-7-86 ALLEN AND DORIS TURNER (CONTINUED FROM 8 25-86) Presentation by Collins. This agenda item is to receive public coum ent on a proposed rezoning request submitted by Allen and Doris Turner. 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 zoning classi- fication of the property is Rural Residential (R- 1) . The applicant is requesting the lot be rezoned to General Co ercial-4 (GC-4) . Approval of the request would allow development of the full range of commercial uses at this loca- tion. 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 col ercial development. Collins indicated information has been received that has to do with a letter submitted by the Division of Environmental Management concerning non-compliance with NC General Statutes regarding wash water and discharge of oil. Collins continued that Mr. Turner has come into compliance with DEM's notice of non- compliance. Due to the nature of this business and the closer review needed. Collins stated that Planning Staff is recommending denial of the request with resubmis- sion as Planned Development. A Planned Develop- 06 DRAFT Pr.M MINUTES PAGE 19 between applicant, and Planning and Recreation Departments so as not to create nonconforming situations. (5) That a landscaping plan be sub itted showing trees to be preserved upon project completion, specifying their location and approximate size. Plans shall be prepared and trees preserved in accordance with Section IV-B-8 of the Subdivision Regulations. Collins stated that he had just found out that this subdivision has deed restrictions which require at least one acre or 43,560 square feet. He continued recommending in place of condition #4. that a payment in lieu, of 82.455.00 be required. The reason for this recommendation is that Lot 6 would be made nonconforming if dedication is required. If dedication were uniform along both sides of the community center six lots would become nonconforming with respect to the deed restrictions. Shanklin asked if payment in lieu could be required. Collins responded that it could be required where a nonconforming situation or a hardship is created. MOTION: Walters moved approval with six conditions. Seconded by Shanklin with the recommendation that the developer be given the option of dedication or payment-in-lieu or a combination. VOTE: Unanimous. AGENDA ITEM #7: MATTERS HEARD AT PUBLIC BEARING 10-6-86 a1 Zoning Ordinance Amendn -nts Article 6.21.1 - Mobile Home Parks 1Pc7), Planning Staff recommends deleting 6.21 .1 a 2) from the Zoning Ordinance thereby grandfathering the existing mobile home parks. The recommenda- tion is made on the understanding that a mobile home park advisory group will meet with the Ordinance Review Committee and the Planning Board if necessary in developing standards for parks which address health and safety issues. Staff has also recommended the following to serve on the committee: Beth Bradshaw, Forrest Heath, Roger Dale Stephens and Willard Cates, MOTION: Pilkey moved approval. Seconded by Best. 0 DRAFT PBM MINUTES PAGE 20 VOTE: Unanimous. (2) Of ,-Stree Parking (Handicapped. Parking Faci1itiw s) �� A Presentat on ry Collins.ins. The provis r: s related to handicapped parking facilities tem from a concern that no require- ments for - loch facilities exist in the Zoning Ordinance. providedr handicapped parking can only be re, uir •d presently through conditions of approval a tack:d to subdivisions and planned.. developen sr an through application of State Building C de real ' rements. MOON: Pilkey mov; r approve Seconded by Best. VOTE:. Unanimous. b. Zoni Atlas Amendments, (1) , 7-86 Allen and Doris Turner Pres: tation by ollins. This genda i -m is to consider the rezoning reque-w submi ed by Allen and Doris Turner for recomm-ndatio to the Board of Commissioners. This item wa.. submitted to public hearing August 251 see embe, 16 and October 61 1986. Planning S :it recommends denial with resubmis- sion as .4 ned Development. MOTION: Pilkey mo -d approval of Staff's recommendation. Seconded Best. Yuhasz no e.; that he, had not heard any informa- tion tha s ;..uld cause the use of this tract to be more r; str ctive than the property adjoining. VOTE: 7 in favor. 4 opposed. ( ) Z-8-86 P. B. M°r a Jr. and Robert Fair- cloth Presentation by Collins. This agenda item is to consider the rezoning request of P. S. Barlow, Jr. and Robert 'air- DRAFT JOINT PUBLICC HEARING OU PAGE 16 encouraged the oards to amend the Land Use Plan to include this inventory and supported the suggestion to continually update the inventory as more information becomes available. AGENDA ITEM #3: ZONING ORDINANCE TEXT AMENDMENTS a. Article 10 Off-Street Parking and Loading (Contin- ued from 8-25-86) Handicapped Parking Facilities Presentation by Collins. f R „ , No requirement exists in the Zoning Ordinance for the provision of handicapped parking facilities. such facilities are currently provided through the attachment of conditions of approval on subdivision plats. planned developments and special use permits. or through the application of the NC State Building Code requirements. 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) hndicapped 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 NC State Building Code currently requires one (1) handicapped parking space in each 5a standard spaces but recommends twice that amount. Planning Staff recommends approval of the amendment. There were no couNwents or questions. AGENDA ITEM #4: SUBDIVISION REGULATIONS AMENDMENTS a. SECTION III-E FINAL PLAT (CONTINUED FROM 8-25-86) MAP SHEET DIMENSIONS Presentation by Collins. DRAFT PBM MINUTES PAGE 20 VOTE: Unanimous. (2) Off Street. Parking (Handicapped Parking. Facilities) Presentation by Collins. The provisions related to handicapped parking facilities steps from a concern that no require- ments for such facilities exist in the Zoning Ordinance. If provided, handicapped parking can . only be required presently through conditions of approval attached to subdivisions and planned developments, and through application of State Building Code re.;uirelp -nts . MOTION: Pilkey moved approval.. Seconded by Best. VOTE: Unanimous. b. Zoning °ttlass Amendm-,'ts (l) Z-7- 6 Allen a= . Doris Turner Presentat on by oll 'ns8. This agenda itrk is to consider the rezoning request sub ,'t -d by Allen and Doris Turner for recommendati. a to the Board of Commissioners. This item was .omitted to public hearing August 25, September! 6 and October 6. 1986. Planning St f ecommends denial al v t a resub i. lion as Pia ed s+evelopment. < <. MOTION: Pilkey move0 app oval of Staff's recommendation. Seconded b r Best Yuhasz now d that e had not heard any informa- tion the' should Cause the use of this tract to be the property adjoining. e more r..stra�otiv� VOTE: 7 in far 4 oppose ;. (2) Z- -q6 R. B. Bar =ow, Jr. and Robert raft- cloth 4` Presentation by This agenda item is to consider the rezoning request Of . B. Barlow, Jr. and. Robert Pair- s 07A ORANGE COUNTY BOARD OF COMMISSIONERS Action Ag n a Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: NOVEMBER 3, 1986 SUBJECT: RAW WATER STORAGE ELEVATION AT LAKE ORANGE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: DON WILLHOIT X505, KEN THOMPSON, X501 TELEPHONE NUMBER; Hillsborough - 732-8181 Chapel Hill 968-4501 Mebane - 227-2031 Durham -- 688-7331 PURPOSE: To consider what response to make to the Town of Hillsborough's September 8, 1986 Resolution and September 15, 1986 letter requesting that the Lake be raised by two feet. NEED: Pertinent provisions of the August 4, 1967 deed from Lake Orange, Inc. to Orange County are set forth in attachment. Lake. Orange, Inc. is still in the process of researching the deeds of property owners abutting the lake. The position of the Town in asking for the two feet is that it would provide added storage for what it believes to be the least cost of the various stop gap water supply options being considered. Lake Orange, Inc. has offered to grant the necessary land between 615 ' and 616 ' elevation while retaining the remaining land margin (to 620' ) for recreation rights and the temporary flood easement granted to the County previously. However, some property owners have deeds which describe owner- ship to the water's edge. Based on this fact one owner has made a claim to owning a portion of the easement which their lot crosses between 615 ' and 620' elevation. Legal proceedings will be necess-ry to resolve which deed (the Corporation deed to Orange County or the property owners' deeds) has precedence. Based on the conflicting property claims the Board acted March 25, 1986 to approve a one foot rise, and later (July 7, 1986) it voted to place a freeze on any raising of the lake pending legal review of the deed problems. During the intervening weeks further considerations have come to light: 1. Hazen and Sawyer Engineers has determined that the dwell- ings abutting the lake would not be flooded during the 50 or 100 year storm events for either a 1 foot or 2 foot 679, measure in lake level. The lowest dwelling foundation adjacent to the lake is 18 inches above the predicted lake level during the once in 50 year storm event. During the 100 year and larger storm events, the flashboard system. could be collapsed to increase available spillway capacity and protect the structures from flooding. An automatic level monitoring system would be provided to alert County officials of impending high lake levels. The additional cost for the alarm system and collapseable feature in the flashboard system would be approximately 10-15 thousand dollars. 2 . Cost of improvements, if undertaken, would be approxi- mately the same whether for a one or two foot increase. 3. Opinion among the lakefront property owners appears to be divided on what to do with the lake level. IMPACT: A response to Hillsborough and the property owner would allow each to know how the county intends to proceed. ALTERNATIVES: 1. Proceed with engineering design to raise the lake by 1 foot; or 2. Poll the residents to determine their views on raising the lake 2 feet an authorize engineering design to go to 2 feet contingent upon obtaining clear title. (Hoard guidance on the questionnaire would be gathered prior to action if this alternative is selected) . ....................................... 0"7.3 "ATTACHMENT" Pertinent provisions in the August 4, 1967 deed from Lake Orange, Inc.. to Orange County include: 1. The "Traverse 615' contour" together with the dam clearing and spillway control area sets the outer boundary of the property conveyed to the County. 2. All recreational and related rights and uses are reserved exclusively to Lake Orange, Inc. including the exclusive right to construct, maintain authorize, control and super- vise boat launching, docking, fishing piers, and landing facilities and boat housing on said property. 3. The 620' contours measures the outer boundary of a flood easement granted to the County. It grants the County a permanent and perpetual easement to temporarily "flood" between the 615 ' and 620" contours, which encompasses "only such flooding as shall proximatel y result from freshets and other unusual or prolonged forms of precipi- tation. " 4. The County also has an easement to ingress, egress, and. regress between 615 ' and 620' contours for inspection of this property and to the entire lake as well. 5. Fin=lly the deed gives the County a "first refusal" clause for purchasing the recreation rights and easement. "The First Party (Lake Orange, Inc. ) hereby forever binds itself and its successors--assigns to sell neither the shaded areas of said plat nor rights and easement herein reserved unless and until First Party has offered in writing to sell sale for each to Second Party (Orange County) at the same price offered by proposed purchase and unless and until the Second Party has failed to unconditionally accept in writing said offer within thirty days of the date said offer to sell is first delivered to any member of the Orange County Board of Commissioners. " 0 Mayor �7 op l of i Town Clerk Frank H.Sheffield, Jr. Agatha Johnson HILLS'BOROUGH, NORTTH CAROUNA 27278 Supt.. Water Works Commissioners James Fendrgraph Myron L. Martin Street Supt.. Horace H. Johnson . T ►. Wagoner A. Lloyd * ,4 4 Remus J.Smith A. j¢ 11,.�ar Chief of Police H.Stevens t+r°'�"tole` Arnold W.Hamlett Fire Chief • /!! John Forrest r r . vt�4 � RESOLUTION DEVELOPMENT OF A NEW RESERVOIR. AT THE HOST 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 WHEREAT, During the Spring and Swimmer 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 take 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 Em,ironmental Management requires that water companies and municipalities maintain a requir ;. 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 continue* 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 locaationin 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 COUNT/` STATE OF NORTH CAROLINA 1, Agatha Johnson, Clerk to the H'il'lsborough Town Boa... do hereby CERTIFY that the foregoing resolution was adopted by the Hillsborough Town Board on Monday, September B, 1986 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. il Town t Ierk 07S Town of Eillsbor Mayor 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. .10-roar, Allen A. Lloyd * L.D. Wagoner 464 v,_ Remus J. Smith Chief of Police Rachel H. Stevens 16-r Arnold W. Hamlett Fire Chici • milir,;■ 4, John Forrest ■W.7+ Septber 15, 1986 Prange County Board of C.1.1. ssioners Orange County Courthouse 106 E. Margaret Lane Hillsborough, North Carolina 27278 Dear Board of C.euissioners: The summer of 1986 has been difficult for the many thousands of Orange County residents who depend on public water supply. They have lived under mandatory water use restrictions, and they have lived under the threat of no water at all being available. If there is one lesson to be learn-. , it is the need for preparedness: the need to take steps now to avoid unnecessary water emergencies. In this spirit of preparation for the immediate future we come before you now and request action to put in place the simplist and least expensive method of making a large additional amount of water available for the people of Orange County. We ask you to take the necessary steps to raise the level of Lake Orange by two feet by the installation of flashboards. This will in- crease the capacity of the Lake by 104 million gallons, which is a 24 percent - increase. While we recognize that raising the level of Lake Or. .ge is not the solution to our long-term problem, no other solution for what we may face next year comes even close to this in terms of cost/benefit and ease of As a separate matter, we fully support and urge planning and action on construction of a large new water impoune.,ene to meet future needs. This needs to be started soon vigorously pursued. But the new water impound- ment will do nothing for us in the next few years. It simply takes time now-a-days to create a new lake. To meet the ..ediate need to be ready for another potential dry year in 1987, we respectfully request a decision to proceed immediately with the addition of two feet of flashboards on Lake Orange. 0 7 Orange County Hoard' of o a ion r Page two We are prepared to participate in the cost of this project. Sincerely; Frank H. Sheffield, Jr., Mayor Town of Hillsborough ames W. Campbell, President Orange-Alamance Water System Orange — Alaniance Water System, Inc. o 77 P.O.Box 187 Mebane,N.C. 27302 Tel. 563-6212 July 25, 1986 Mr. Don Wilhoit, Chairman Orange County Commissioners Hillsborough North Carolina 27278 Dear Mr. Wilholt: The Board of Directors of Orange-Alamance Water System, Inc. met on July 24, 1986. The present drought was discussed and hoping to help this situation in the future the Board passed the following resolution: Resolved that the Orange County Board of Commissioners explore the possibility of raising the lake level at Lake Orange two foot above its normal level rather than the one foot elevation planned at the present time. Any consideration your Board may give to this possibility will be appreciated. Very truly yours, ORANGE-ALAMANCE WATER SYSTEM, INC. W 11 es W. Campbell, President OWC:sfm O R A N G E C O U N T Y BOARD' OF COMMISSIONER alt: ACTION AGENDA ITEM ABSTRACT Meeting Date . Al2.9-z_..3/ 1986 Action nda item # SUBJECT: PARTIAL WIDTH R/W EVELYN TERRELL MINOR SUBDIVISION _.___ DEPARTMENT: PLANNING PUBLIC HEARING _Yes _X No Attachment(s) information Contact: JANET RIGSBEE Partial Width R/W Checklist Application Tax Map Photographs Planning Board Minutes ( 10-15-86) Draft 10-20--86 Planning Board Minutes Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider a request for a partial width right-of-way of 30 feet to serve a four lot minor subdivision on a lot known as Cheeks Township, Map 7, Lot 11 (the Evelyn Terrell Sub- division) . NEED: Ms. Terrell proposes to subdivide her 5 acre lot into 4 lots for herself and chiildren. The Planning Board approved a 25 foot wide Partial Width Right-of-Way in the same location on October 115, 1984. The Subdivision Regulations regarding Partial Width Right-of-Way were revised on November 19, 1985; therefore, a decision Is again needed on this minor subdivision partial width right-of-way. IMPACT: A minor subdivision of three lots and remainder for her children would be possible . This road has been used for 50 years . RECOMMENDATION: The Pllanning Board recommends approval of the partial width right-of-way of 30 feet . , . . . . , ' EVELYN TERRELL MINOR SUBDIVISION PARTIAL WIDTH RIGHT-OF-WAY CHECKLIST , - . . , I (Adapted from Orange County Subdivision Regulations Section IV-B-3-c-2) , . NATURE OF SUBDIVISION: . . , . - Topography - flat . . , . ' - Surrounding area - single family residences church on Lot 10 . . . . - Present road - existing 121 wide gravel road with aproximately 10001 of Class A road - Future Road Plans - Class B Privet,. road . - Access by public safety vehicles - topography good, . road existing, cul -de-sac to be constructed, road . , . built to Orange County' s Class B private road standards. CONSTRUCTION OF ROAD: From State Road SR 1306 for 1000/ constructed to Class A standards, to Terrell lot is Class B standards, Ms . Terrell, will complete her portion of the road to Class B standards . , , r . . RIGHT-OF-WAY WIDTH: 30 feet wide to the Terrell lot then 50 . feet wide right-of-way along Terrell lot , . . . . . , .- , Fire District is Eflend Fire District - Road will be built with cul-de-sac . The largest emergency vehicles In the Efland Fire Department ' • . could use the private road as it is constructed to Class B standards . , . CONDITIONS: • . . . , - Ms. Terrell applied for and received approval for a 251 partial -width right-of-way on October 15 1984. , . Her attorney could not locate any existing easements to Ms . Terrell . so work was begun to acquire , , a 301 easement . After much work, the 300 easement was obtained . Upon reapplication for a , minor subdivision , Ms . Terrell was informed that her partial width request would heed to go through the approval process once more . . . , - Adjacent lots will not grant a 50 foot- right-of-way . . - Road has been existing for approximately 50 years. . , . . . . , . . MIOUK bUtW4Vibmaa merteaA14144,o, Property Owner(s) 0 81 Address E Phone - 7 0 / 730.2.0 jtiir -re DePeeeleFeur/Contact Name ter eee . . t7 Address di. ,„ - S' 9 0 4„,0"‹. Phone / !/ location of Property 61 es • 7 township map block lot 4 1 Zoning 41, AL Fire District e A A .Alle Watershed Impervieus Surface. Joint Planning: - *177w' Carl:br° School. District elOr • State Road Number A/04 Name eft ar4 _41, Type Private Road Class .00 Do you plan to build the road before final approvail or secure construction with a, Security document? Utilities: Public Sewer , ity System Septic Tank iceory**- Public Water Comunity Water Well If on a septic system, the Health Department must examine all existing and peaxnetial building sites on lots shown on the plat, Total Lot Area N!5- Number of Lots Lot Norbert Size of Lots: Structures (proposed or existing) : et arn111......1.111MMTPIMIMAPPY ANIMINIM4Lalk040.1111111111111.1 .411114. 4 A. (We) hereby ceztify that I (we) have read the above information and that the information I (we) have supplied is accurate to the best of my (our) knowledge. I (we) understand my (our) application is not complete and cannot be approved inaess all required informatio- and material has been provide& „coe Vat= Signatu a Data Signature Filing Fee # of Lots Fee Private Road Fee Other Fee Total Fees Date Paid . . ,. 1110, 94 ',. . ge' 4#01Coa '' - lo589 AC, ' '' , / , . . 0 8 'I , 0 2 tr 1 , 1 - C. ... . , _ _ -- ..... 933 ,. . . , .. 1 ■ „ ., 12 '9549 ,--- I , . 1 , , ., . ,, .,,,,,„ .'.'„' 1 0C/ 4./ " ' - \\, ,_ AO. Apt 0 . 3 . . i . . . , . ., . 2 99 9 943. - I ; . . • 30.1 ' ellik0 . - . . 44 4' ' 5514. , .. . . , . . . i . 112 ' t -- • : . 4297 9037 I. . . 1306: \4, ,............... GA • v,,,2,58 '1",i 464 AC„. . . L.9!) , . .•' l'A'A AC ' 7023 1\3-, . - 36 AC . . , ... ' ‘ . , 4,9 765 .•.. „00,-1 . , L4 .1- AC. \'''' -- . . . , . , . V tit AP . . .. . . . , '!, . • ,I., . . . . . ..., ‘... . . . . . • a--: ..t•.4.:,- 0 1 , . . 0 . . cr. 3. 7.. w 1/ ..., 44 , TE RE ityvii. DS . ..... CO �� EA0 ritz/3,"acts ; -N.7" ' . '� �i ' r$a ,!..0,— '...m.,"!N ; .4,".44.:44`•e+,"-'-‘4:0-,A,*44 "- "", " r •�� , r"r � a ,,r,«r +w . 10.4"4,:.:.;:.. "''' "-.7',;:r,,,a,:.*KA,:.'«-3,,,,,,,,,,,,,1-4....4-7,,,f.. /44,/,‘,10thimistiirigt#1.1;44.1.rots" .... . ih,r-4.. %.0„,„:. ,,e1°..- ,,v,,,,,2:r,. ,,,„-,-.:,1.tiQ-4-et*....my*,-.1-'° :,. t., ,,-' * - " e "r aw '" ,f .,40"'":' , :.° ""+ t-V.- �� ' w �/ " ... ,„,„, ,;7."'r a.� r4+7 :.".4'.4.,',"" 7:',,,,'....^r " I! . ^y "4 "�.. - r.,1„ , ... . 0. ,,,,„4„.•; ,,,, ^,w . . rxr P'iw 7",-"5 ,w--r„ zaaa^w -. rp n * 4„: ,"Mz:."r"7 1"1^ 7,„ s s* 'r n.. r r r '�= z �-: ^^ .. �. �« ,. _^ r « Via"—t � rr8,� e` er""• ' ...k, . .1.7:, — • . _ , ."41. 'Iti*,..,10'',* ;'',:,A w« evitVe de sr ei..A N N II N 44 0400$10b $N3 M 0 8 1::: 10 4I° IS 1.211 „ * . .. 54 Evelyn Terrell (Dlinor-Peartial Vidt.lt En ) . - Staff presentation vas ,:-.e 173r Susan Stith. . , . . The purpose of this agenda item is to decide if the • , property of Evelyn Terrell, Meeks• Towireleips, Tee ,::,,,x, 7, Lot 11 case have perraissicet to have a 25 foot partei width right-ofeway, Sect! 1V-B-3.-C-2; • , Ms, Terrell wants to subdivide bee 5 acre 1*t ito. 4 lots for her children. I A 30 foot easement is in, existence. A minor - subdivision could take place if a yartial width rieht.of-way is granted. It'be road bas bees is " use for about 50 years. - I Kizer stated that this reqmeat wa s. for a variance* Smith agreed, but noted that the Subdivision Begulae 1 do provide for this type ar decision 'by Planning Sem.. , . li Shank:1in reviewed the locaUces. of the clurxela and note, a proposed loop road sic Lot 9. Ee stated the'," • church was 'Twilling to allow access via the existing _ road, but not to g,rant tuts:cement, .. .., • 1 Smith noted that the ordinance requires that the easement be recorded. • Gordon ilinsuired as to staff's recommendation. I . • Smith responded that staff vented the 5.0" easement- , II Kizer inquired about a pv.etelsion for a stab-out so 0 . , access to the road fro ..tot 9 vould always be . • available. • "- testi:ere • Shasklin moved approval of 25' partial vidtb rift- ofeway as shown on the site map eith the conditions • that (1) a 50' right-of-ever be required on let and (2) a stub-out to the 105 acre tract be prOrrided.. Seconded by Pilkey. , The Board clarified that a. partial eidth-right-of-- er • in ,a different location mould again require Plannieg, • 1•ard approval though a:, 510' right-ee-ea3r eeeeeeeere. would also ,:.te permitted- Vote; thaaniuous • 08q DRAFT PLANNING BOARD MINUTES OCTOBER 20, 1986 MEMBERS PRESENT: Barry Jacobs (Chair) . Betty Margison. Prince Taylor. Tim Hubbard, Chris Best. Carl Walters. Peter Kramer, Sharlene Pilkey, Steve Yuhasa. Mike Lewis. David Shanklin.. MEMBERS ABSENT: None STAFF P. m SENT: Marvin Collins, Greg Szymik. Eddie Kirk. Brad Tor'gan, Joanna Bradshaw DRAFT AGENDA ITEM #6: SUBDIVISION APPLICATIONS -a. . Evelyn Terrell (Partial Width Right-Of-Way). Presentation by Collins. This agenda item is to consider a request for a partial width right-of- way of 301 feet to serve a four lot minor subdivision on a lot known as Cheeks Township, Map 7 , Lot 11. (the . Evelyn. Terrell $ub division) . Ms. Terrell proposes to subdivide her . 5 acre lot into 4 lots for herself and children. The Planning Board', approved a 25 foot wide Partial Width Right of--Way in the same location on October 15. 1984. The Subdivision Regulations regarding Partial Width DRAFT PBM MINUTES PAGE 2 Right-of--Way were revised on November 19, 1985, therefore, a decision is again needed on this minor subdivision partial width right-of-way. 4 A minor subdivision of three lots and remainder for her children would be possible. This road has been used for 50 years. MOTION: Shanklin moved approval. Seconded by Pilkey. VOTE: Unanimous. b. Jack Gates (Partial Width R .ht-Of Way Presentation by Collins. This agenda item is t' consider a request for partial widt1 right-of-. way of 40 feet for a distance of ap.' roximatel 1,230 feet to serve a one lot minor subd4 ision o a lot known as Chapel Hill Township Map 11 Lot 6 the Jack Gates for Shirley Gentry Subdivis ..n) . A minor subdivis ?b.n o one lot only could be created if a partial wit r ' Iht-of-way is granted to Jack Gates for his da •h. er Shirley Gentry. The more difficult proble will concern any further subdivision on a lots served by this y private road. Alternative. to allow for further subdivision would be: ° 1. Obtain 10 ' a.! it .nal easement. 2 . Amend the S ;y di vi on Regulations to allow for partial wid ; right of- ways on Class A roads. 3. Declare the road pu. is with a width of 40 feet. A minor subdi 'ision of ne lot for his daughter would be pos - ble.. Grainger : rrett, repre- -nti_ng three married daughters o Jack Gates, e w•lained that. Mr. Gates owned appr.. imately thirty (3. acres of landlocked land behi s Saffell. Inc. havi 4 no right-of-way on a public oad. Ten years ago minor subdivision. was done to give his two sons lots. Mr. Gates wishes give lots to the three daughters. Mr. Barrett indicated that there had b-en a pre-existing forty-foot wide road since sometime in the 1930's and the traveiwa meets Class B standards.ndards. T'he Gates family needs ultimately to have 5 or 6 lots O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date Novemat_5s:-116 Action A:unda Item SUBJECT: Partial Width R/W - Jack Gates Subdivision DEPARTMENT: PLANNING PUBLIC HEARING _Yes No Attachment(s) Information Contact: Janet Rigsbee Partial Width R/W Checklist Application Tax Map Survey Letter from Barrett Response by Gledhill Draft 10-20-86 Planning Board Minutes Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider a request for partial width right-of-way of 40 feet for a distance of approximately 1 ,230 feet to serve a one lot minor subdivision on a lot known as Chapel Hill Township Map 112 Township ap 1i Lot 6 (the Jack Gates for Shirley Gentry Subdivision) . NEED: This item was referred to the Planning Board by the Board of Commissioners on 10-6-86 , Mr. Gates " property is served by a private Class B road with a 40" right-of-way. Mr. Gates wishes to subdivide his property. This subdivision would require a Class A road with a 500 right-of-way, Mr . Gates cannot obtain the additional right-of-way from the adjoining property owners. The Board of Commissioners referred the matter to the Planning Board for a recommended resolution . IMPACT: It is understood that, If a partial width right-of-way Is approved, Mr. Gates will apply for a major subdivision of his property to create a lot for each of his three daugh- ters . RECOMMENDATION: The Planning Board recommends approval as a Class B road in a 40' partial width right-of-way. JACK, GATES MINOR SUBDIVISION • 8 FOR SHIRLEY GENTRY PARTIAL, WIDTH RIGHT-OF-WAY CHECKLIST (Adapted from Orange County , Subdivision Regulations Section IV-B-3-c NATURE OF SUBDIVISION: - Topography - fairly flat • Surrounding area - single„ family residences and Saffellevs business Present road - Class B existing - with sections constructed to Class A . Future Road Plans - Class A or Public If 50 ' easement could be obtained . - Access by public, safety vehicles - .topography good, cut -de-zaCs to be constructed, and 'road -built, to „ . , Orange Countyvs Class B private road standards . CONSTRUCTION OF ROAD: Road currently at Class B status, new section of road from Lot 16B still to be con-- structed to Class B RIGHT-Of-WAY WIDTH: 40 ' wide easement for approximately - -„ 1230 ' , 50 ' easements through Gates' lot - Fire, District is South Orange Fire District CONDITIONS: Lot 17C (McCauley) and 7 .1128.A-1 CSaffelle) - Road has been In existence for _g's . years . - This would be the last lot to be subdivided on this road with a partial width right-of-way of 40 feet as any further subdivision would require a Class A road, 50 feet wide, or a public road . • The Planning Department has In October 1978 and June 1979 approved Lots 16A and I613 by considering, the 40 foot wide section of the road to be pre- " I . existing public road . Since that time, a new . procedure requires an attorney 's opinion plus our county attorneys approval to be considered pre- existing public road . . MINOR SUBDIVISION APPLICATION r 4V : Property Owner(s) e -mr , Al-/Conta t Name . „ . . , te Address 40 ' Phone te ^,,, A../, Location of Property hi B block lot Zoning ilk - F Watershed A. ke ^ II pervious Surface es " I ., 90 / Sc State r , ., , Private Road /ass Na Do you plan to build the rc before final approval , 41,0 s or secure onstra ct . with a security document? Utilities:,, jc �! r w7y 't t1.c�. Tank If on a Community p system the Eea ,.th Department must examine all existing, and potential. building sites l on lets shown on the plat, Total Lot Area",. w / �' eta """ / Lot e Number: Sire f Lots: structures (proposed or existing) ' '14 R./-7 AG .0 g I w I Owe) have sUpplied is accurate to the best of my (our) knowledge, I (we) understand (We) hereby certify that I ( e) have read the above information and that the informatlon my (our) -application is not complete and cannot be approved unless all required information and material has been provided, ,, OF ... c? ,S14141 9111 Y data Signature re Date Signature Filing Fee of is Fee Private Road Fec � Other Fee Total Fees Date paid „0,...» _... _..,a. .............mm . ... .. : d....... _., . I w` \v• 1.a 1 , 6,..14014014. ----" I q .,.Yr. Z r .� t t 166 - ..... I 5,69 AC„ Aj.„,iii . „,932 7 G 1 $44414015$1 967 e 4: C, DTI , {�"! r Or N n. 642 AC i :I D7 0) —„„.—* , ',o AC.. . C a r tYr. ° l„ el '-' 02'A 1 '113, 02as" :904..6. y, . Y i `° 1 I A Yt 638 1 ITC r a 1p!' :.,f ` ,,s c r u .'"---'"m' c--,..1.., r 6 ; � L,./I or GRAINGER R. BARRETT ATTORNEY AT LAW 09€ SUITE SII'O, 248 H.C0LUM®IA STREET CHAPEL HILL. NCIRT"H CAROLINA 27S14 TELEPHONE'. May 20. 1986 0191 U29•a1Sr • Geoffrey Gledhill, Esq. Orange County Attorney 110 N. Churtan Street Hillsborough, N.C. 27278 Dear Geoff; I write regarding Shirley Gates Gentry' s application to Orange County for minor subdivision approval . As I understand, the staff is requiring an attorney's opinion whether an approximately 1 ,000 foot stretch of existing dirt road approximately 40' wide is a public road. That stretch of road is referenced in a survey 'entitled "SHIRLEY GATES GENTRY, " dated March 10, prepared by Holland Land Surveying. I submit y opinion contained herein pursuant to your letter of ` April 17, 1986 to Susan Sw!it'll regarding public versus private roads generally. have reviewed or examined such statutes, ordinances, cases, affidavits and other materials as I though necessary or desirable to enable me to render the opinion below. Based on such review, it is my opinion that the 1,000 foot stretch of' existing dirt road is a road that meets the standards of G.S. 136-67; it is further my . opinion that said road is a neighborhood public road as described in G.S. 136-67, in that it is a road outside any incorporated town, numerous serves public use, and is a means of ingress and egress for families . Furthermore, it is my opinion, based on my investigation, that this stretch of road is not a driveway which serves an essentially private use. My opinion relies especially on the following: (a) this road has existed for decades, and has been a means of ingress and egress to several families for over twenty years; (b) this land was formerly mostly owned by Jack Gates; Mr. Gates and his children have expressed to me and indicated by affidavit that this stretch of road has for at least twenty years or more been perceived by them - as essentially a public road; (c) abutting and servient owners have not in the memory of several affiants ever attempted to limit or block passage on or access over this road to any member of the public; (d) although there are on record references to this stretch as a private road, the earliest refrence I find characterizing it, refers to this stretch as a "public road. " See, deed from Nancy H. Nye to Kemp B. Nye and wife, nancy H. Nye, dated November 30, 1967, recorded at. Book 214 , Page 140, Orange County Registry,'and (e) the standards set :earth in G.S. 136-67 itself . 4 ATTORNEY AT LAW' . . , , . 9 - . Please contact me if you have arty questions egarding this matter. t -. . Sincere , . ,.. . , . , .10,.i.:.. . , . .. , .. , . . „ , , . . , . .. . . . c„,....A' ' GER ,- . BATILRE:TT • , . . ,.,. , . , ,cm: Shirley Gates Gentry Janet Van Hanel . James Holland - . 4 I VI 11 V . GRAIN I . GEF! R. BARRETT' ATTORNEY AT LAW STATE OP NORTH CAROLINA • COUNTY OF ORANGE AFFIDAVIT • We, the undersigned affiants, being duly sworn, do certify and say: 1 . We are each familiar with the lands of Glovenia Harris, widow of the late Judge Alfred Harris, and of the Gates lands , off of Highway 54 Hi four miles in Chapel Hill Township, North Carolina, some three les west of Carrboro, North Carolina. These are the same lands shown or referenced on the survey of Holland Land Surveying, dated March 10, 1986, entitled "SHIRLEY G. GENTRY." 2.lands regulaarly.f©r a period of at least 25 visited these have years. hest: ave ersona 11 laved on, traveled across ore know that Judge Harris and Glovenia. Harris have owned their lands for over 30 Gates has lived there even longer, since he sold the Earrises their land. Shirley Gates Gentry grew up on the Gates lands and spent her childhood there, as did Darlene Watson, 3. We are all Highway 54 across as the with he dirt access road which runs in from lands to the various Gates tracts. This road has also long served as access to the lands of others as well . Those others included, as of 1978, David McCauley, William and Francis Howard; Kemp and Nancy Nye, Saffelle, Inc. , and Richard Preyer, Jr. 4 T his access road has'f continuously or at least 20 years continuous) been, used and served as a means of ingress and egress for several owners and families which live in this area. In fact, it has been the necessary and sole access to a public road, that is, Highway 54 , for the owners and families. This road has been in substantially the location and had the same width during all of that period; That width is shown on the above-referenced survey as 40 feet 5 . We have always considered this access road to serve the neighborhood, None of us is aware that any entire ' y person has ever tried. to limit access to or across this road or to block it to travel by the public generally. We are not aware that any owner abutting or served by this road has ever tried to trespass any person for being on the road. si IN WITNESS WHEREOF, the undersigned have set their hand and seal, each as of the date shown below. /` 4 .' [SEAL] Date; ,� May. 1986 .t . 4 ,[SEAL] Date : , May, 1986 ui11 It RAINS EN R..BARRETT ATTORNEY"AT LAW ao 414%4 LA1.4 AYH"' 441, tuolt ii‘eoZ liettlo Asei -- [SEAL] Date: M. May, 198 .� 40./g449 7 (SEAL3 Date ►,, 1986 (SEAL] Date: May, 1986 STATE OF NORTH CAROLINA COUNTY OT" 16 T , a notary pubs,.mac of the co ty and state shown above, certify that ' personally appeared before me being duly sworn acknowledgefi the foregoing affidavit 3, in " Witness my hand and notarial seal, this the a 'day of May, 1986.' Mary Lee Tyndall . : l „ v �rrl� County Notary ubl 0l'larth Carolina lire NOTARY PUBLIC My Caisson Expires: O STATE OF NORTH CAROLINA COUNTY O 1, a notary pub of the county and state shown above, certify that this date ` ilk personally appeared before me and, being duly sworn, acknowledged the due execution of the foregoing affidavit. 'Witness my and and notarial seal, this tbee2 day of May, 1986 . VIL " It. r; L "yn 'l Notary F, blic ,. *_ a .i t " 4;:oreli Carolina IT ticarissinn Epee v 1,5 1 i PUBLIC , ...............„ 1 , . . . , GRAINGER R, EARRETT ' . . ATTORNEY AT LAW 0914 ...,. . , . . , ' . STATZ OF NORTH CAROL/NA ' , ' , . . . , . , . COUNTY OF 114.,.,...oilklit,„. ' , . " • I ' X, a notary public of the county and st,-,te shown above, certify that this date . * \\ ,, , ,, tk personally appeared before true and, being duly sworn, acknowledged the due execution of the foregoing affidavit. Witness %1,y hand and notarial seal, this the2i*day of May, 1986. , • ' , . . , Notary Pliblic . . Mr, Lea Tyndall My Commission Expires: I, ,S)11:1° Durham County . ... ., Muth Carolina . • STATE OF NORTH CAROLINA ' NOTARY PUBLIC , . , . , COUNTY OF . . . . . , . . ' . I, a notary pUb ' ic of tH- co,' nty and -tate shown above, certify ' • ' that this date ‘ N' 41,..., 1,.. **k 110t,,,, personally appeared before- me and being duly sworn, ack owle. .ed the due execution; of the foregoing affidavit, • . . , .N Witness my hand and notarial seal, this the ?'day of May, 1986. Mery 14,0 Tyndall . . . CoItiritY. Notary P4Ablic North Caroitria , . I , .4,, NOTARY Patic , tolli Commission Expires: % Lb.) MU . . . • ' .. . . . , . . STATE OF NORTH CAROLINA . . — ' , . . . COUNTY OF illio, "A lh.q" . . . , ' . . , I, a notary public of the county ax kd state shown above, certify that this date .*‘0,,,, ' N.\„1:2\tilr-s, '',ANIIT)..._ personally appeared bef ore me and, being duly sworn, acknowledged the due-execution of the foregoing affidavit. ... „ WitnesS my hand and notarial seal ," this theeday of May, 1986. , 1 . „..... U . 's, 14,! ' "00 • . ' htlari Tyndall , Notary - • blic ' , Lee Durham County . , . My Commission Epires: North Carolina . _.. . , 1 . ' C:II43C'l\\C'ket:C/1 PUBLIC OTARY N . . , . I, . . , . , . , . . , . _ _ COLEMAABERNHUZDICKERSON, BEANHOI2, GIEDHILIA: 11 ; •GRAVE ATTORNEYS AT LAW 110 tITURTON Sr 0 L. ILLSSOROUGH,N.C.27278 919-732-2E98 919-948'8000 CHAPEL, ItILL OFFICE SUITE 20,FRANKLIN BUILDING 137 E.FRANKLIN STREET CRAPE!. HiU.,NC.21E14 049,92941.51 June 24, 1986 ALONZO /3.COLEMAN.JR. ST EVEN A.BERNHOLZ DONALD 11,DICKERSON ROGER 13.BERNHOL2 GEOFFREY E,CLEDEILL DOUGLAS HARGRAVE MARTIN J.mom= RICHARD J.SNIDER,JR. JANE O.do L1SSOVOY O.NICROE.AS HERMAN LYNN 4.ANDREWS Ms. Janet Van Handel 'Higsbee Planning Technician DONNER D.sAwYER Orange County Planning Department mm..19m 106 East Margaret Lane Hillsborough, North Carolina 27278 Re: Gates/Gentry Property Dear Janet: This letter is a follow up to mine dated June 9, 1946 regarding the Gates property and also addresses the letter from Grainger Barrett dated May 20, 1986 and the letter from David Rooks dated June 20, 1986. In my June 9, 1986 letter I made the point that a. road . maintenance agreement which is recorded at Book 294, Page 428 and another road maintenance agreement recorded at Book 302, Page 503 of the Orange County Registry both declare the road in question to be a , private road and require adjoining property owners- to maintain it to North Carolina 54. In fact, Glovenia Harris, Jimmie Gates and Gloria Gates, all signers of the affidavit accoupanying Grainger Barrett's letter declaring the road to be public were declarants in the road maintenance agreement which declared the road to be private and providing for its maintenance to North Carolina 54. It seems to me, based on all of this that Orange County must take the position that the road is a private road from North Carolina Highway 54 north until and unless a court declares it to be a • neighborhood public road. I restate here that, as a private iOad, Jack Gate; • Lane must be maintained from N.C. Highway 54 to its termination at the northern boundary of the property now or formerly owned by Jack Gates and that the most recent road maintenance agreement involving Shirley Oft:: Ms. Janet Van Handel Rigsbee Page Two June 24, /986 Gentry and others must so provide. The width of the road (40 feet) also raises questions under the Subdivision Regulations. Very truly YOUrS, 4g.01.1Sfrey E -dhill GEG/lsg cc: Grainger Barrett Marvin Collins David Rooks • (rti • DRAFT PBM MINUTES PAGE 2 Right-of-Way were rev. -ed on November 19. 1985, therefore, a decisio- is again needed on this minor subdivision e7rtial idth right-of-way. A minor subdi i - on of three lots and remainder for her children • fld be possible. • This road h. ,een used for 50 years. MOTION: ' Shanklin oved . ,proval. Seconded by Pilkey. VOTE: Unanim, s. b. Jack Gates (Partial Width Right-Of Way Presentation by Collins. ‘ This agenda item is to consider a request for di partial width right-of- way of 40 feet for a distance of approximately 1,230 feet to serve a one lot minor subdivision on a lot known as Chapel Bill Township Map 112 Lot 6 (the Jack Gates for. Shirley Gentry Subdivision) . A minor subdivision of one lot, only could be created if a partial width right-of-way is granted to Jack Gates for his daughter Shirley Gentry. The more difficult problem will concern any further subdivision on any lots served by this private road. Alternatives to allow for further subdivision would, be: 1 . Obtain 10 ' additional easement. 2. Amend the Subdivision Regulations to allow for partial width right of- ways on Class A roads. 3 . Declare the road public with a width of 40 feet. A minor subdivision of one lot for his daughter would be possible. Grainger Barrett, representing three married daughters of Jack Gates, explained that Mr. Gates owned approximately thirty (30) acres of landlocked land behind Saffell, Inc. having no right-of-wayron a public road. Ten years ago a minor subdivision was done to give his two sons lots. Mr. Gates wishes to give lots to the three daughters. Mr. Barrett indicated that there had been a pre-existing sometime in 5 or nth: and the travelway meets Class B standards. The Gates family needs u.lti 'ately to have DRAFT PBM MINUTES PAGE 3 thus .Barrett stated he was informed that the major FIRAFT subdivision process is the one he needs to pursue. Li ' A 50' right-of-way cannot be obtained. Be indicated that this is adequate for emergency, vehicles. He asked for an exception .. allowing a private road noting that all requirements could be met with the exception of the one referring to 10 or more lots which would not be applicable as the total number of lots to be served would only be seven or eight. Collins indicated that the ramification of accepting the road as a less than Class A is that if a similar. situation should happen in the future the same argument could be made and the Board would be put in the position each time of interpreting what class of road is needed. The ramification of taking a strict view of the Subdivision Regulations with Class A road would be the need to amend the ordinance or the Class A Private Road standards both of which would require .a public hearing and increase the time involved. After more questions and discussion, he stated that with the disparity in the Private Road Standards, the Board appears to have the latitude to address such situations now. MOTION: Shanklin moved to grant tentative approval to the subdivision with a Class ,B Private Road with a partial width forty-foot right-of-way to serve the major subdivision of the Gates property. Walters seconded the motion. A friendly. amendment was offered and accepted to further direct the Staff to review the Private Road Standards and possibly bring the disparity to public hearing. VOTE: Unanimous. c. Red sill E• ate (Final) Yuhasz ab .tained due to professional conflict of interes Present tin by Kirk. This geed. item is to consider approval of. the Final .lan f, r Red Hill Estate subdivision. The •relimina plan was approved on 8-18-86 by the Pla ing Board nd on 9-y2-86 by the Commissioners. The property in suestion is located, in Little River To nship along ths south side of Bill Poole Road (SR 15 ,6) and Hopk s Road (S 1537) at the O R A N G E C O U N T Y BOARD OF COMMiSSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date Novemks A_ .2.8§ Action g,enda Item IV‘ SUBJECT: Creek Side Subdivision Prelliiminary Plan DEPARTMENT;,.__AN'N I NG PUBLIC HEARING----_ No PL Yes - :__ No ___- __...._-..__.___ Attachment(s) . ._,. _____ _ Information Contact: Eddie Kirk Application Vicinity Map Agency Comments Preliminary Plan Draft 10-20-86 Planniing Board Minutes Telephone Numbers Hillsborough - 732-8181 Durham - 686-7331 Mebane - 227-2 031 Chapel Hill - 968-45 01 PURPOSE: To consider approval of the Prelliminary Plan for Creek Side Subdivision . NEED: The property in question is located on Harmony Church Road (SR 113411 ) in Cheeks Township . it is referenced as Lot 1ID on Tax Map 3 . Both lots would have state road frontage. The tract is bordered by undeveloped wooded land . There are 2 lots proposed out of 12.92 acres. One lot is 4.83 acres and the other lot Is 8.09 acres excluding the right-of- way. The prop. rty is zoned Agricultural R=sidential and designated Agricultural Residential in the Land Use Plan . IMPACT: A 1984 traffic count on SR 1341 (Harmony Church Road) indicated 60 trips per day just south of SR 1343 (Mill Creek Road) , This subdivision will generate an additional 20 trips per day. A small drainage way crosses the property which requires a 30 foot drainage easement . RECOMMENDATION: The Planning Board recommends approval of the Preliminary Plan with the condition that a revised' Preliminary Plan be submitted showing setbacks and required landscaping. C . OTHER BMIT`A L REQUIREMENTS: 1 . Twenty—six C281 copies of the preLiaaainasry pLat 2. Two fu L L size ze co i es of an Orange County Tax map tone copy with parcels inwawa Leveed cLeearLy marked) . 3. Where Municipal. or OWASA sewer is not asvaaai LawbI8,, a letter froaaa the 0 a County ilealith Department- certifying the proposed . westawatar systole each Lot. I , the foregoing(subdivisions on le e a accurate. un understand.an that a 21N � fee si5 Lai e aor L.s a r a $370.00 fee (subdivisions of 18 Lots oo r sure' is due at the tiote a~app Li cati asn. A $5.00 per Lot fee is due a a a" - the ti , a than finel .p LIE presented far recordation. APPLXCA 'v- SIGNATURE UR OWNER IS SIGNATURE DATE DATE 1/0 i 2 ap Feiri EES: Amount G�aaa~ Date &9f!d Lam- V ! • ww_w_w_w_w_w_w_w_w_ w_w_w_w CREEK SIDE . '" Applicant* Mike + ne s 0 58,, '. Zone: AR „ LUP Designation: A ricul ural Res en o "" ..,1**- ' SCALE: i"'" � 400" i Water Supply Watersh.. OS . � . 0000. 46 1 20 i _,. ,,, 1:,. i 1 . 02 AC. . ...se000' i;iri) 4 .. ..,.. ...... ly. r 10 . .... . . ..... ....... ..,.. -, os0 . ,. .. .-- 8 . al (:::3:). es 2.g. . 1 0 , 1 I I 15 AC- . -.... , 1 I 4/ m I 126634 1' 11 a i +1`s,. I a CD oii .. . ,' � " (le 0). 4 9,04 AC.,,,. ' i 1 pc. d 0018 " . t • . 4 923 0 fit A 275 AC- \ iI 4 5 - i \, 459 I AC l 230 . I' ,. 6 5" CA ALL AMERICAN REALTY, IN C, 1314 Broad Skeet Durham. Garth Carolina 2770 i 'I! 1 286.9659 October i1 ,198 Orange County Planning Board RE* Lartdscaping and Buffer Requirements Creekside Subdivision Harmony Church Road, Cheek Township Orange 'ouunty, .0 Dear Sir: As agent for the owner of pr1 po ed subdivision, was made aware of than new ordinance regardir3,g landscaping and buffer requirements (yet: Or. e County Subdivision ordinance IV-B8) brY Ir. Eddie Kirk of the planning department on ctober 13, 198& have discussed the require yea to with the owner of Craze. Subdivision and `be s -reed to co ly fully with them. nc e y s, ones Sales Associate Century 21 All µe rcarz Realty :lty" took el thekr. aim btaletagoadairatite.rleattort net nn a�:Mhz/r -a. CREEK SIDE 1 0 11/85 G • , ' 0k . LII STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN Received 4-2 -86 Reviewed , PRELIMINARY PLAT: Received 8-28-86 ' Reviewed REVISED PRELIMINARY PLAT; Received Reviewed NCDOT: DATE 9-15-86 CERTIFICATION *1°8 Hones SCHOOL BOARD (Orange/Chapel Hill -Carrboro) ; DATE 9-10-86 CERTIFICATION• UTILITIES (OWASA/HIllsboreugh/Mebane/Orange Alamence/Dorham) : DATE 8-28-86 CertifIcatiok RgWnEi1. - ( ') OTHER: Recreation Advisory Counci 1013-86 Date l Carrboro Fire Department (Date) Chapel Hill (Date) , Carrboro (Date) Hillsborough (Date) " Durham . (Date) Other • (Date) PLANNING BOARD; Date Approval Approval with Conditions Denial BOARD OF COMMISSIONERS: Date Approval Approval with Conditions Denial �� r tilowiltite V i W -.Beii. Mary Anne Mack, Director MEMORANDUM TO: Eddie Kirk, Planner FROM: Mary Anne Black DATE: October 13, 1986 RE: Courtesy Review Creek Side Subdivision Upon review of the preliminary plans for the poirropcgXea Creek Side Subdivision, 1 only one el- - warranting consent from a recreation and park perspective. That element concerns the creek designated the property. In that there is no vic inity map on the plan, I can only approximate the propery's location ,lo Harmony Chwrch Road. If the creek does indeed constitute a tributary of the Eno River, I would like to recommend tr r easement along allow for adeqNmite r pace for . Thank you for the opportunity to provide these staff tents.. I will Advisory Council at to the Orange re.tio present recommendations their next monthly meeting ( } and viii forward to you any changes/additional. comments they may have. MABiptil Hillsborough, 732-9361 * Durham, 688-7333 * Chapel' Hill, . 01 • Mebane, 227-2032 Area Code 919 ORANGE COUNTY PLANNING r LLSBB 1' . 4 1 27 p r"AMY+ 0.0,w" • September 10, 1986 . 'Joe Haynes Highway Maintenance Engineer . . N.C. Dept. of Transporation . - ,. - Route 3, Box Hillsborough, NC 27278 Re: Creek Side Subdivision . Dear Mr.. Haynes: I Enclosed ns response by September eano mc�ther er .-major subdivision for your review. A � p 2 r 1 would be greatly appreciated.. . Sincerely, . . _ M . . . . Eddie Kirk - , Planner . EX/d. _ " Enclosure � t �. ' Dear Eddie: , Sight distance de . ` No Driveway permit require'.., . Sincerely, .. �� �� . Highway Maintenance En ORANGE COUNTY PLANNING DEPARTMENT 0 ORTE/ CAROLINA . .. �" " 04,11 .40,a . .440000110111;% „ 'u " . **411 aC. ""• MEMORANDUM . TO: Eddie K i rk o Planner . FROM: Warren P �i rc i th. Erosion ontro i Officer . SUBJECT: Starmwate'r Management .P I an for + reeks a Subdty son . DATE: October 13. 1986 This plan rises the large . i acts •(9re ter that 4 acres) / Sma t t - #- amount cif impervious surf'ac per mot, .no new road, and the . buffer of vegetation around the impervious surfaces to filter . . and absorb runoff . This subdivision meets the Ordinance ' . requirements relating to control of the ' ftrst halt inch of . runoff . Warren Fairclotb . w . DRAFT PBM MINUTES PAGE 14 to be more a Ire of wha e needs to do for a cluster development a: 'licatio, . Best noted that it was not a question of :pprov` ;g or denying but that the application fo , a c ester development must be complete and he wonder d ow the application got this far. O'Dwyer respond= * e did pot know. Collins noted that it was never h intention that the application come this far, but Mr. O'Dwyer insisted it go forward for the Plann' gA. 'oard to decide. MOTION: Best moved ► . sent the application back to Staff for completion Secon• d by Kramer.. VOTE: 10 in fa .r. l oppo ed (Yuhasz) . 1. Creek Side (Preliminar ) Presentation by Kirk . This agenda item is to consider approval of the Preliminary Plan for Creek Side Subdivision.. Thercproperty op in question is located on Harmony (SR #1341) in Cheeks Township. It is referenced as Lot 1D on Tax Map 3. Both lots would have state road frontage. The tract is bordered by undeveloped wooded land. There are 2 lots proposed out of 12.92 acres. One lot is 4.83 acres and the other lot is 8.09 acres excluding the right , of- way. The property is zoned Agricultural Residential and designated Agricultural Residential in the Land Use Plan. A 1984 traffic count on SR 1341 (Harmony Church Road) (ndicatedek t 60 r trips per day just south of SR 1343 Road) . This subdivision will generate an additional 20 trips per day. A small, drainage way crosses the property which requires a 30 foot drainage easement. The Planning Staff recommends approval of the Preliminary Plan with the condition that a revised Preliminary Plan be submitted showing setbacks and required landscaping. Best asked why this property is being subdivided. Mike Jones, representing the present property owner, indicated that Jimmy Hawkins. adjoining property owner, wishes to build a house further back on the lot and thus had no need for the four acres which make up Lot #1, The desire is to sell c DRAFT PBM MINUTES PAGE IS this lot. Collins noted that any further subdivi- sion would have to come back to the Planning Board for approval since the subdivision was considered RrT "major" in classification. Discussion followed about septic systems and repair fields with Jones noting that David Hecht, Health Inspector, indicated there should be no problems if a system should need replacing. Hubbard commented that be felt the recolw lendation of a sixty (60' ) foot easement/greenway by the , Recreation and, Parks Director should be imple- mented. Collins reminded the Board that Oak Rise Subdivision was the first where the Recreation Director's recommendation for a sixty foot easement was approved. A. subdivision was approved by the Commissioners on an adjacent piece of property without an easement. Collins continued that his recommendation to Ms. Bi-ck was that until such time as the Recreation Plan was adopted, that such recommendations not be sent. forward. He felt that without specific guidelines such recommendations could not be enforced Hubbard rdroffered as a friendly amend the require- ment 60' easement/greenway. This was not accepted by Kra er but be asked that the Recre- ation Advisory Council be informed. MOTION: Hubbard then offered as an amendment a 60' easement/greenway. Seconded by Margison. VOTE: 2 in favor. 9 opposed. Yuhasz commented that the only easement required is the 30 foot drainage easement as recommended by the S & E Officer. VOTE ON ORIGINAL MOTION: g in favor. 2 opposed. mu. Mel-Oaks st es -- Phase 4 (Preliminary) Presentation Kirk. This agenda i -=n is to consider approval of Mel Oak Estates Pha .e 4 for preliminary plan approval. The prope .ty in question is known as Lot 30B of Tax Map 117 i Chapel Bill Township. The O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date N'ovalitt& , 32 1986 Act i en ds Item k, r SUBJECT: Me l -Oa k Es tates Phase 4 - Preliminary Plan DEPARTMENT: PLANNING PUBLIC HEARING Yes _,I__ No Attachment(s) information Contact: Eddie Kirk Application Vicinity M'ap Preliminary Plans Draft 10.20-86 Planning Board Minutes Telephone Numbers Hillsborough 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider approval of Mel -Oak Estates Phase 4 for prelimiinary plan approval . NEED: The property in question is known as Lot 30B of Tax Map 117 in Chapel Hill Township . The developer (Calvin Mellott) is requesting approval of a preliminary plan the Mel -Oak Estates-Phase 4 to allow six lots, each approximately 40,000 square feet . The property is located in the Rural Buffer which presently requires a two acre minimum lot size. Th. developer is requesting the Planning oard to consider approval of the six-lot design since Mel -Oaks has been an on-going subdivision . Compliance with the two-acre minimum lot size, would reduce the number of lots in Phase 4 to three . A plan showing Phase 4 designed to comply with the two acre minimum has been prepared. In both designs for Phase 4 Mel -Oaks Trail is constructed to State standards. The 6.3 acre tract is zoned R-1 and is located in the Uni- versity Lake Watershed. It its designated Rural Buffer and Protected Watershed li in the Joint Planniing Land Use Plan . IMPACT: Application of the two acre minimum lot size will have a significant impact on this request. Approval of the request would allow the development of six additional lots in the subdivision. This would result in an additional 60 trips per day entering onto Jones Ferry Road, bringing the total trips per day for Mel -Oaks II to 147. Application of the two acre minimum lot size would reduce the number of add ! - tianai lots to three and the number of additional trips per �' day to 30. Daily trips entering Jones Ferry Road from Mel- Oaks II would only be 117. The first three phases of Mel -Oaks contains 23 lots all of which were developed in conformance with the 40,000 square foot minimum lot size requiirement. RECOMMENDATION: The Planning Staff recommends approval of the three-lot desiign for Mel -Oak Estates Phase 4 subject to the following conditions: ( 1 ) That lots 15 and/or 16 access to Mel-Oaks Traill . This will provide the minimum number of lots (4) that the Department of Transportation requires to receive access from a cul-de-sac . (2) There are no recreation areas or greenways designated for the site in the Joint Planning Area, Land Use Plan. Another condition of approval is submission of pay- ment- in- lieu at the time of the time of final plan approval or within one year of preliminary approval whichever occurs first. The payment shall be equal to $372 and is based on the standard of 1/35th (0.03) of an acre per unit x 3 dwelling units on lots = 0.89 acres x $4135/acre ( 1987 valuation) . If the Planning Board elects to approve six lots, the payment- in- lieu would be twice that amount or $744. (3) That a landscaping plan be submitted showing trees to be preserved upon project complletion, specifying their location and approximate size. Plans shall be pre- pared and trees preserved in accordance with Section IV-B-8 of the Subdivision Regulations. (4) Show building setback lines on individual lots. The Planning Board recommends approval of the six- lot design for Mel-Oaks Estates Phase 4 subject to the following condi- tions: ( 1 ) That there be no further phases to the subdivision . (2) That the payment-in- lieu of recreation areas required by Section IV-B-7 of the Subdivision Ordinance be accepted and set at $744. (3) That a landscaping plan be submittedl showing trees to be preserved upon project completion, specifying their location and approximate size. Plans shall be pre- pared and trees preserved in accordance with Section 111-B-8 of the Subdivision Regulations. (4) Show building setback lines on iindividual lots. . 1 C. CAL- ,,. 1 1 A L L ..,....„, , ; •0 si . .. ,. ,. . I •1 —1 SEE 1 MEL OAKS -1ST. *\ 37j 4:11 Pi° 3' Property of: . . . . , . BINGt —I/ LUP Designation: Rural Buffer a: Protected Watershed ---....- Zoning District: R-1 and PW-It 10 SCALE: In = 400' it 1 ., . 1 i . . . 2499 3438 I - . 0 A C. ' -' g gt 4.26 t 0 AC al , A / A C ' - -.4k, j, 'e342 0 . 1 '4:)'' • 3 7 AC AC CA • lilg 776 OW 1 \; 1 - (;1114 lrfleal, • P/0 28 • ,. 1 .805 • - 1 . . 6. A • Al$04: .....**-11 1 C6E .0 1 I OVERLAP, • 1 , 1 .. ....,' - • f4 4:•0 Ai u0 DEERFIELD to . — 0 1.°14 1 .‘ i,.. . , „ . FOR TAX PURPOSES ONLY 1 PLAT R; , PcriPiR Et [LS nill -A. 1 GRAMPAN- HILLS I9-2 1 11/06 MEL-OAK ESTATES ' PHASE OE_JANALCOt.... rt.ERT F t C/111121Lblia._ STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN: Received 9-2 -86 - Reviewed 10-1-86 PRELIMINARY PLAT: Received 109-86 Reviewed REVISED PRELIMINARY PLAT: Received Reviewed NCOOT: DATE 10-13-86 CERTIFICATION SCHOOL BOARD (Orange/Chapel Hill-Carrboro) : DATEjQj3 CERTIFICATION_ UTILITIES (OWASA/Hillsborough/M.bane/Orange Alamence/Durham) t DATE Certification OTHER: Recreation Advisory Council . (Date) Carrboro Fire Department . (Date) Chapel Mill (Date) Carrboro (Date) Hillsborough (Date) Durham __(Date) Other . (Date) (Date) PLANNING BOARD: , Date Approval Approval with Conditions Denial BOARD OF COMMISSIONERS: Date i Approval ' Approval with Condttlons Denial HISTORY Date Name # of Lots A. .roved Mel-Oaks 15 5-20-85 Mel-Oaks Phase 11 10 8-5-86 Mel-Oaks Phase ti 1 9-15-86 (addition of Lot 23) ORANGE CO MM PLA NU"G 131;RARTAIIIINT IfiLLSBOROUGH NORTH CAROLINA, ; ^ 27278 X1,1 MEMORANDUM UR TO: Eddie Kirk, Planner FROM: Warren Fa i r c i oth, Erosion Control Officer SUBJECT: Stoll i w i ti r Man ement "P i n for Nancy B. Williams ATE; October 14, 1986 The Ordinance requirements rei tin to control of the first - half Inch of runoff w l f be met by the large lot size, the vegetated swales along the new street; and the buffer of vegetation around the Impervious surfaces to filter and absorb runoff . Control of the peak rate of runoff will be accomplished using the detention structure . built for the previous phase. I f implemented correctly,, these plans met the Ordinance requirements. 41.41 '. Warren Faircloth 'V 4. tol-tNc range Count tl ;Lev:rutin atib arts 114. . so Ent 311 West Tryon Stet r HILLSBOROUGit N.C. 27278 Mary Anne Black, Director MSMCNANDUM • TO: Eddie Kirk, Planner FROM: Mary Anne Black I65 DM: October 14, 1986 RS: Courtesy Review — Mel-Oaks Estates, Phase IY Upon review of the preliminary plans for the Mel-Oaks Estates, Phase IV, I find no elements warranting comment from a recxeation and park perspective. As outlined in the Subdivision Regulations as they pertain to, Recreation Standards, rather than dedication of property for public recreation use, I would recommend that the County accept the peyrenteittelieu, of dedication for the subject property. Thank you for the opportunity to provide these staff comments. T will present my recommendations to the Orange County Recreation and Peeks Advisory Council at their next monthly meeting (November) and will forward to you any changes/additional comments they may have. MAB/pb1 HinShOTOugh, 732-9361 • Durham, 686-7333 Chapel Hill, 969-4501 • Mebane, 227-2032 Area Code 919 . DRAFT PBM MINUTES PAGE 15 this lo ,. Collins note ° that any further subdivi sion wo id have to come 'eack to the Planning ;card for app oval since th: subdivision was considered. "major" ',n classificat on. aiscussi• followed about septic systems and repair fi -lds with J es noting that David Hecht. Health I -pector► ndicated there should be no problems i a syste should need replacing. Hubbard co ented a Hu the felt the recommendation of . a sixty 60 ' ) f of easement/greenway by the Recreation an Pa s Director should be imple- mented. Call s r; inded the Board that Oak Rise Subdivision wa t e first where the Recreation Director's re a endation for a sixty foot easement was ap • ed. A subdivision was approved by the Commissioners on an adjacent piece of property without ;. 1 easement. Collins continued that his recd e 'ation to Ms. Black was that until such ti -s the Recreation Plan was - adopted► that .uch recommendations not be sent. forward. He fe t that ithout specific guidelines such recommend- ions co, d not be enforced. Hubbard offer as a fri: dly amend the require- ment for a 60 easement./g •eenway. This was not accepted by .a amer but he asked that the Recre- ation Advis., y Council be in armed. MOTION: Hubbard t' -n offered . as a amendment a 60 ' easement/. eenway. Seconded by Margison. VOTE: 2 in fa gr. 9 oppose ,. Yuhasz *onamented that the only easement required is the 0 foot drainage easement as recommended by the S & H Officer. VOTE ON ORIGINAL MOTION: . " 9 in f vo r. a ``.• opP. tn. Mel-Oaks Estates - Phase 4 (Preliminary) Presentation Kirk. This agenda Benda itera is to consider approval of Mel.. Oak Estates Phase 4 for preliminary plan approval . The property in question is known as Lot 30B of Tax Map 117 in Chapel Hill Township. The. DRAFT PBM MINUTES PAGE 16 developer (Calvin Mellott) is requesting approval of a preliminary plan the Mel-Oak Estates-Phase 4 to allow six lots. each approximately 40.000 square feet. The property is located in the Rural. Buffer which presently requires a two acre minimum ° size. The developer requesting lot Planning consider of the six-lot design since Mel--Oaks has been an on-going subdivision. . ° A second Mel-Oak Estates Phase 4 plan has been prepared to comply with the two-acre minimum lot size if the Planning Board does not approve the. first request. The plan indicates three lots, each being 2.00 acres in size. Both subdivisions propose to construct Mel Oaks Trail to State standards. The 6 .3 acre tract is zoned R-1 and is located in the Uni versity Lake Watershed. It is designated Rural Buffer and Protected Watershed II in the Joint Planning Land Use Plan. Approval of the request would allow the development of either three or six additional lots in the subdivision. This would result in an additional 30 or 60 trips per day entering onto Jones Ferry Road. bringing the total trips per day for Mel-Oak Phase II to either 117 or 147. depending on the plan approved. The Planning Staff recommends approval of the three-lot design for Mel-Oak Estates Phase 4 subject to the following conditions: (1) That lots 15 and/or 16 access to Mel-Oaks Trail. This will provide the minimum number of. lots (4) that the Department of Transportation requires to receive access from a cul-de-sac. (2) There are no recreation areas or greenways designated for the site in the Joint Planning Area Land Use Plan. Another condition of approval is submission of payment in-lieu at the time of the time of final plan approval or within one year of preliminary approval whichever occurs first. The payment shall be equal to $372 and is based on the standard-of 1/35th (0.03) of an acre per unit x 3 dwelling units on lots = 0.09 acres x $4135/acre (1987 valuation) . If the Planning Board elects to approve six lots. the payment-in-lieu would be twice that amount or $744. DRAFT P$M ;MINUTES PAGE 17 V�� .C4, (3) That a landscaping plan. ` be submitted showing i trees to be preserved upon project completion, b . specifying their location and approximate size. ° ` ➢' Plans shall be prepared and trees preserved in c'',.§.,. accordance with Section IV-B-8 of the Subdivision Regulations. (4) Show building setback lines on individual lots. MOTION: Best moved approval of three lots with Planning Staff's conditions. Seconded by Kramer. Shanklin noted that it see-ed more realistic to go for six lots as this would be the size of the surrounding lots. Jacobs noted that developments being completed in phases should not be begun as one-acre lots and completed as two-acre lots. Margison expressed concern that the Board should be discussing property development in aggregate. Jim. Plymire. developer, explained that Mel Oaks would have preferred development in aggregate but they were unable to obtain the land at one time. Yuhasz noted that condition fl could not be met as 1 1111 lots 15 and 16 have already been sold. VOTE: 5 in favor. 6 opposed. SECOND MOTION: Shanklin moved approval of six lots with conditions 2. 3 and 4. Seconded by Lewis. VOTE: 6 in favor. 5 opposed. n. Homestea• Hills Phase it (Preliminary) Presentatlo by Garrett.. This agenda tem is to consider approval of the Preliminary P =n for Homestead Hills Subdivision - Phase II. The property n question is located in Chapel Hill Township on the north side of Hoftuestead Road (SR 1777) . It is I refe enced as Lot 27 of Tax Map 109. All lots wool ; hay- access to the existing Drew Lane and proposed Drew Lane Extension (public) .blic) . The tract is bor .ered residential development and proposed rec eationa property owned by Orange .. O R A N G E CO, U N T Y B0ARD OF COMMISSIONERS ti ACTION AGENDA ITEM ABSTRACT Meeting Date l4s2Y.)".m1: i_3 .1._1.9 '1. Action enda Item ' ._ SUBJECT: HOMESTEAD HiLLS: PHASE Ii - PRELIMINARY PLAN DEPAR`IMENiT PLANNING N'G _ . . .___.____________..____._____ . PUBLIC' HEARING, , Yes _..Z__. No . .__._.___r_.______.__.. "_ t i pan Contact: Attachment(s) I wnformas) t ontact: Jane Garrett Application Vicinity Map Preliminary Plan Agency Comments Preliminary Plan Certification Draft 10-20-86 Planning Board Minutes TelephoneNumbers � Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider approval of the Preliminary Plan for Homestead Hills Subdivision Phase II . To receive. the Planning Board 's recommendation. NEED: The property in question is located in Chapel Hill Township on the north side of Homestead Road (SR 1777) . It is re- ferenced as Lot 27B of Tax Map 109 . All lots. would have access to the existing Drew Lane and proposed Drew Lane Extension ( public ) . The tract is bordered by residential development and proposed recreational property owned by Orange County . Phase I of Homestead Hills Subdivision was approved as a five- lot major subdivision on February 16, 19'81 . There are eleven ( 11 ) lots proposed out of 12.231 acres with an average lot size of .96 acre, The zoning of the property is R-1 (Rural! Residential ) , and the Land Use Plan design 4- flan is Suburban Residential . The R-1 zoning district classification requires a minimum lot size of 40,000 square feet or .92 acre. The Health Department has granted approval to all lots in the subdivision . Public protection would be provided by the Orange County Sheriff 's Department, while fire protection would be provided by the South Orange Fire District. IMPACT: There were no traffic counts conducted for SR 1728. The 1985 traffic count on Homestead Road (SR 1777 ) was 2900 trips per day. An additional 105 trips per day would be generated by this subdivision . Drew Lane and Drew Lane 1.1 Extensions will be constructed to NCDOT standards. RECOMMENDATIONS: The Planning Board recommended approval of the Preliminary Plan on October 20, 1986 contingent upon the following conditions: ( 1 ) indicate that this 1' s "Phase II " of Homestead Hiilis Sub- division . (2) Revise plans to provide radius (2207 ) in second curve as recommended by NCDOT. (3) Provide dedication of additional five (5 ) feet of right- of-way from Lot 1 . Carrboro recommended 20 feet to dedicate half of a 100-foot right-of-way. The Chapel Hill --Carrboro Thoroughfare Plan designated Homestead Road as a minor thoroughfare (collector street) . Orange County requires a 70-foot right-of--way for collector streets or five (5) additional feet on both sides of an existing sixty-foot right-of-way . (4) Payment in lieu of dedication ( $2455) or dedicate 13,690 sq.ft. of land to Orange County for expansion of Homestead Community Building property. Requirement is based on 1 /35th of an acre per dwelling unit or lot. Recreation Department has indicated desirability of 34 foot wide strip from Lots 6 and 7. A strip of that width would reduce area of Lot 6 to 35 ,505 sq.ft. , making it nonconforming. Given the circumstances if dedication is provided, the applicant Is given an op- tion. (5 ) That a landscaping plan be submitted showing trees to be preserved upon project completion, specifying their location and approximate size. Plans shall be prepared and trees preserved in acordance with Section IV-B-8 of the Subdivision Regulations. (6) Provide a 30' easement/pedestrian walkway so that resi - dents of the subdivision can walk to the public recrea- tion area from the cul -de-sac without having to walk along Homestead Road (SR 1777) as recommended by the Recreation Department. I PLLASE TYPE OR PRINT ( INK ONLY) 12t APP oATTI gill SI BO vrsT104 App - 1 *RAN °^' N ' "-_, .... At)DATE: Ck / '2.-- !*-P l'IP 0 3 u8DIVISION NAME: iltme,45 e . I) 4' 11-4-45 _acArzotl: ,,,P15‘. eAril RO 4:71t, 1177 - 'Arks 1i,6494 "RP cR 1126 VidiaR/13 EVE LCIP Ea t il5f4 l't> . 1 OLL. ACOESS:. 1 4004. * TELEPHONE NO . : - - - 4r- - „ ATIrdataPENAIEROP S41 . . GENT/CONTACT: , em4 , O . . TELEPHONE 1) , : 14 S - .4•"',':ii 445 L summitry UPON/MIXON: Orange County Tax Map .10...,LL Stock Lott's? Al:2.....› Township CtIAM1.0. 4'1U Zoning 0/strict:Cal Total. Number of° Acres: le,'2, 1 Phases: .......................„„........ Tata t Nuober of Lt al ....L Average Lot Si ze: 2.4....i.cp.a. Hinimute Lot Si za 444,,,,_,Se■ Mumb er/Typ 13. or Structures,: C existing) (proposed). ,-. . Linea I. Feat in Streets:. M.' t- Acres 'in Open Space .PIMPRIPAPPONIIMAMOIMI01(1190=1204....0.0.....111MAY011 Hater Supp Ly:, Pub Li of apeci fy I __Awe:sun ° Wastewater Di aposa Lt, , , Pubtio(spooity) Community t,"- Zndividue I . Schoo L Di sari et z Adt ...1,g * 1.40, '4- - eekdo Fire CI st ri at: Genera t Land Uses in Ares: - in,m, r &id yi Criti co L. Arstest strearildreinagewaye ft:tad prom t. area watershed(speci fy) hi starts sites othe r(exp La i I r . ALL p tato !Dust be eubmitted on sheet no sma t ter than one inch equate twc hundred feet (111'=2,130 1 and no Larger than one inch equate fifty fee C1ir48O, I and must contain the fo I.Lowing information: I 4„.0 vi re b, ,,,, subdivision nos* ........ „ . bui Wino atunbastab tint* "' nano or otasiorlyi :MO by notation or typical, Soo ck items v... -r , memo, of morvoror, engineer ov ''"°.''''.'r lalynot / 'w+ load planner ' -* *sifting ond propo004 aeon,' plated) lar 2'''' ' trittol Orotioirtery Plan IR fonts idroinecio, oti title*, vi= 1,;l0 saesto, north arrow Marto at p. rood**, sto.i. tea,. too, or asspi ..... :;..:..,,„ taissing# proposiod ond dose linoluding Pevinien Mite.) "i0j.: injeiting eight*--er-se* 14... 1.. tuonship, too oop-bloon,Ant , , , including diotessal ono ond W,:, sti* nation end 3.tavw rood I.*/ reforsionew .....„ ZPAre, bounder, ntooribed with , 44 insebors , 600.10,2. and diatom/se 14... , existing' and ortsiseate; _ . ,„. tots& •orisage or the treat % .,at?' uti lit!oar 0, Inc toting and oaring* or late, inotuding ;,:x.„1.' type* six**. wad •nsoludlog *POO within ,,,q),,,; hydrontos sateen and , ' siontin las control, earner . ....... 4'6'44 lelation tad propuosor alivers ......... s,........ :50' .0 100,30010010 tat Linea Mt th ,*k'''''O' inoluding nixie woad pride* - •,c4 typical straws croto-ntosations WAV a '" tat nowbory , ', .':. and interwoosi an dorm?to O, ,,,,,,,,,„ .. ■ onsaaing Liman # i.0 inottoding design sod width *4 sopogryphy it tan root ilal aie of travetwdi and shoulder* Mi, ? Intervista and 1......4. ;NA, motor bonino, 'oriole*, Mood.* tr Panorot tory* dot* linailtio wiry and flandolains / ''.: ::„"4,..1 roadal _..... : lh •troon hurter* and notation ir .."7-t-ri... perigee/AM reweerme teCe Me insilosraing reastrieled -”.4' bpi Wing*, ounattort nos do.'tacorpairt potential t ‘1,1 historic trandteorts„, ' ....... aliro township, sorporyto and Noir*, i ,Is tdinining lot ' toyoult torritortyl storming m.o.e or adjoining oropartY jurisdiction lino* anion Owner*, sad subdivision* 4.4„„ crown the proporty Ilif4,... Dv"! Location SOO 411ZO Or porosity Osalicotad for public O00 Or rOO4rOOO in nowoon W ;a V „„....„. A, Wootton rid .1 zo or lot. or reetrieted dereCervenend paces ** end lA ' ,k.,Ive nntation on plat ragording taw* L.4 man stodinit Otan indicatins aremfmtmem 'Av. ......1 ....A. ......- i most SUB'MITT'AL RECLUTA 'ENTS t . I een y— iz (253 copies of the preliminary peat 2. Two futt. 5120 caplets of an Orenge County Tax . ap tone copy with parcels inure tvred clearty narked( ' .' t. ��� sewer i rp proposed t. Where municiper frog the Ore County Heath Department certifying System each La't. t .�. . zo the app ti cent, certify that the foregoing e . p ti eti let r hereby that �I'e $2' 1�"ee (subdivisions oi"�1 5 ter + r� te x337 fee of IS Late or tare le due at the tine ern p ti ti on . leer a '.00 er tot fee i e p due at the time the final. pLal resented for recordation . A . . �+y ,J / ih x� / dYI.IIf�.1AK; .,, CANT'S SIB , . TU OW S.SI - . . I �a' ATE . DATE r M an Date 4 o . 1 ,r, � b r 0«00",, .444SN...0 .x 11.56 F -4832 \\\ Z 4e.1" _.,1-6C4*----.. 0 4*. (044 641' "'" t 9 . s 4 f r. 0 - a III SZO *# 7A tot'1" ., " " ; ,. , $991 6 ,1029 6693 4 A( 2A _ .; EIZ ' e :612 leillitt4 ,,,;„ 12 '" , 5:5 A2C4:- w .. 2 - .. " , _ RANGE 7 I " , I f AC. 339 AC. X4`1 � " cilf.,;%,,,,,r,. . kon 16 A.C. - . 2) 0 L PROPOS D .1 cw HOMESTEAD HULLS 2487 . 57 ,4 w �� 5 3 . APP'ICP4T: PE 41 po E f 3' . µ . tio... \ ..,. .------- \ ....--m-m-4"--mm.** • a.. Homestead Hi Is - Phase II - lid RBAATE COW' CEST3ELgATION ANC " PPR VA PRE XmrNAnY Pl STAFF ASSIGNMENT: .ne rett SKETCH PLAN: Received 4-2 -8. Reviewed 4-3046 PRELIMINARY PLAT: Received 8-2"-86 Reviewed 9-3-86 REVISED PRELIMINARY PLAT; Received 9-30-86 Reviemed 10-3-S6 SCOOT: DATE CERTIFICATION SCHOOL BOARD (Orange/Chapel Hi Lt-Carrborol DATE101-R6 certtfieation Truelo, UTLITIES (OWASA/HiLLaborough/Mebana/Orange ALemence,C.urham : DATE Certification OTHER: Recreation Advisory Council., _22,1_11:1ALIASIzmk (Date) . Cerrboro Fire 'Oepartment (Date) Chapel, Hill. (Date) Carrboro "1 0- GST e p-TZFaM Date) Hi L isborough 1Date) Durham wm (Date) Other SSE 10-15-t,r6 WFaircloth (Date) Health Department -71137:T- 815- P,Holdwev (Date) PLANNING BOARD; Data Approve ( Approve ( with Conditions Deniat. BOARD OF COMMISSIONERS : Data Approve ( Approval. with Conditions Dania t e . ,� Ora u t ?Recreation sob pare t o 300 West Tryon Street rxte HILL BOF U GH, N , 2727 or 12E Mary Anne Bleak, thrector MEMORANDUM TO; Jane Cott, Planner OM: Mary Anne Bad DATE: October 13, 1986 RE: Courtesy Review — Homestead Hills Subdivision Upon review of the preliminary plans or the proposed d Bills Subdivision I find the following elements warranting t from a recreation on k perspective; ' ton - basically "surround s° the County-owned Homestead Communi y Building property, soon to be renovated for recreational use mirtimum acre (approximately 13,690 ft2) to be ded i t_�; for of recreational In that t .v lion Regulations would require, ► lio use, I would rte• fm- that this area be designated along property line of the County-owned property. (See tt~ ). so that residents of the new subdivision can walk to � li recreation I would also recommend that a 0 easement/pedestrian w 1� t public ro�r�t aaxn area from the. cul-de-sac wienout having to walk along the heavily traveled Homestead Road (S.R. 1777). Thank you for. the opportunity to provide these staff comments. I will present my recommendations to the Orange County Recreation Pamles viso y Council at their next monthly meting (November) and will forwara to you any changes/additional comments-nts th, may have. "pbl Hillsborough, 732-9361 • Durham, 688-7333 . Chap& flr .96. #1 • Mebane. 227-2032 Area Code 919 ,iv4i4 12 t. PO Box.73 301 Iflel Mom Stree arrbora Caorbom North Cargokta 27511 0§19)9424354 N. October 14, 1986 Mrs. Jane Garrett, Planner Orange County Planning Department 106 Margaret Lane Hillsborough, NC 27278 RE: Courtesy Review Homestead Hills Subdivision-Preliminary Plan Dear Jane: The Town of Carrboro staff has reviewed the preliminary subdivision plan referenc above and offers the following comments and recommendations: 1. Since Homestead Road is on the approved Chapel Hill-Carrboro Thoroughfare • plan, there should be a dedication of additional Right-of-Way from LOT which would provide an additional 20 feet (same as 50 feet from the existing centerline). 2. Careful review should be given to final plans prior to construction plan approval to insure that the centerline profile of Drew Lane from station 0 4. 00 to station 1 4. 50 is designed to tie into the ultimate road cross- section of Homestead Road. If you have any questions or comments regarding any information In this letter please do not hesitate to give me a call. Sincerely, Sizolotc) G. regory Shepard Zoning Administrator cc: Mr. Roman Kolodij, Tribble/Kolodij Architects GGS:sgm 0 :.mark.1"17173 -Lir jj r Wif STATE OF NORTH C L DEPARTMENT OF T NAN$PO TA KOte Graham, NC 27253-0766 JAMES G. MARTIN GOVERNOR October 15, 1986 OnnalOri O RIG JAMES E.HARR N TON SECRETARY Orange Count 121 South Estes : Drive Suite 103 Chapel Hi.ii,. NC 27514 Subject: Review of Preliminary Site Plans for Homestead Rills Subdivision off SR 1777 (Homestead ) Dear Mr. K ►lydi The preliminary 'ply for Drew Lane in the Iro to " Hills Subdivision off of SR 1777 (Homestead d) in Orange ,County have been reviewed by this. office. And to comply with" the minimum construction standards for subdivision roads we suggest that the radius in the second curve needs to ..;d Enclosed are the pls-.showing our revision that is indicated in red. onstruction plans showing the vertical alignment arid drainage will be reviewed at a later date. . if you have any questions regarding thes s, please contact our office. ° y Yours very truly„, M l (lis . 0/STRICT ENG/MEER. J :T' Cl/ l Enclosure cc: Ms. Jane Garrett tt Am Equal! pportraityiminiuttIv e ORANGE COUNTY PLANNING DEPARTMENT IXILLSBOROILTGli NOS CATtOLIN4 27278 Om of ttr 7:I vitt =fr* 4 u° MEMORANDUM TO: Jane A. Garrett, Planner FROM Warren Faircloth# Erosion Control Officer SUBJECT: Homestead Hills Stormwater Management Plan DATE: October I5# 1986 The plan for this subdivision proposes to ese the lot size, a buffer of undisturbed vegetation around the Impervious surface to filter and absorb runoff, and vegetated evates for filtering runoff along the new road, to meet the Ordinance requirements. If implemented as planned s the plan will meet the Ordinance requirements. $1 , it warren Faircloth DEEIVE Lrd 10-16-60 2.2.) DRAFT PBM MINUTES 1 2t. PAGE 17 (3) That a landscaping pla be submitted showing tree be preserved Ipon project completion, specify/ g their loca on and approximate size. Plans sh- 11 be prepare , and trees preserved in accordanc • with SF ction IV-B-8 of the Subdivisiin Regulati. s. (4) Show build ng setba, lines on individual lots. MOTION: Best moved appr, val of three lots with Planning Staff's conditio - . Seconded by Kramer. Shanklin noted that it seemed more realistic to go for six lots as his would be the size of the surrounding lots. Jacobs noted that developments being completed in •hales should not be begun as one-acre lots a completed as two-acre lots. Margison expre sed cons -rn that the Board should be discussing pr• +erty dev: opment in aggregate. Jim Plymire developer, explained that Mel Oaks would have preferred de elopment in aggregate but they were . able to obtain he land at one time. Yuhasz no ed that condition 16 have already b= gin sold. nd 1 could not be met as lots 15 .VOTE: 5 in f4 or. 6 oppo .ed. SECOND MOTION: Shan in moved approval of six lots with conditions 2, and 4. Seconded by Lewis. VOTE: - s 6 n favor. 5 apposed. , n. Homestead Bills - Phase II (Preliminary) Presentation by Garrett. This agenda item is to consider approval of the Preliminary Plan for Homestead Hills Subdivision Phase II. The property in question is located in Chapel Sill Township on the north side of Homestead Road (SR 1777) . It is referenced as Lot 27B of Tax Map 109. All lots would ld have access to the existing Drew Lane and proposed Drew Lane Extension (public) . The tract is bordered by residential development and proposed recreational property owned by Orange F :, 1� ... DRAFT PBM MINUTES PAGE 18 County. Phase I of Homestead Hills Subdivision was pp subdivision on February approved as a five-lot major p,A � ". 16 . 1981. There are eleven lvenr(11) lots proposed out. acre.12.231 t- of 12.2 acres with average lot szep of .96 The zoning of the property is R-1 (Rural Residential) . and the Land Use Plan designation is Suburban. Residential. The R-1 zoning district classification r requires a minimum lot size of 40,000 square feet or. � ! ^ .92 acre. The Health Department has granted approval to all. lots in the subdivision. Public protection would be provided by the Orange County Sheriff's Department. while fire protection would be provided by the South Orange Fire District. There were no traffic counts conducted for SR 1728. The 1985 traffic count on Homestead Road (SR 1777) was 2900 trips per day. An additional 105 trips per day would be generated by , this subdivision. Drew Lane and Drew Lane Extension will be constructed to NCDOT standards. The Staff recommends approval of the Plan contingent upon the following conditions: (1) Indicate that this is "Phase II" of Homestead Hills Subdivision. (2) Revise plans to provide radius (220') in second curve as recommended by NCDOT. (3) Provide dedication of additional five (5) feet of right-of-way from Lot 1. Carrboro reconu ended 20 feet to dedicate half of a 100-foot right-of- , way. The Chapel Hill-Carrboro Thoroughfare Plan designated Homestead Road as a minor thoroughfare (collector street) . Orange County requires a 70-foot right-of-way for collector streets or five (5) additional feet on both sides of an existing sixty-foot right-of-way. (4) Dedicate 13,690 sq.ft. of land to Orange County. for expansion of Homestead Community Building property. Requirement is based on 1/35th of-an acre per dwelling unit or lot. Recreation Department has indicated desirability of 34-foot wide strip from Lots 6 and 7. A strip of that width would reduce area of Lot 6 to 35.505 sq.ft. , making it nonconforming. Recommend dedication of land but based on negotiations Idi DRAFT PBM MINUTES PAGE 19 between applicant, and Planning and Recreation Departments so as not to create nonconforming situations. (5) That a landscaping plan be submitted showing 1)RAFF trees to be preserved upon project completion, specifying their location and approximate size. Plans shall be prepared and trees preserved in accordance with Section IV-B-8 of the Subdivision Regulations. Collins stated that he had just found out that this subdivision has deed restrictions which require at least one acre or 43.560 square feet. He continued recommending in place of condition #4, that a payment in lieu of $2,455.00 be required. The reason for this recommendation is that Lot 6 would be made nonconforming if dedication is required. if dedication were uniform along both sides of the community center six lots would become nonconforming with respect to the deed restrictions. Shanklin asked if payment in lieu could be required. Collins responded that it could be required where a nonconforming situation or a hardship is created. I MOTION: Walters moved approval with six conditions. Seconded by Shanklin with the recommendation that the developer be given the option of dedication or payment-in-lieu or a combination. VOTE: Unanimous. AGENDA ITEM #7: MATTERS BEAPebNAP:\BLIC BEING 10-6-86 a. Zoning Ordina ce Amen. ,ents (1) Article 6 .2 1 - obile Home Parks Planning Staff rec. , mends deleting 6.21.1 a 2) from the Zoning Or . ance thereby grandfathering the existing mobi e .me parks. The recommenda- tion is made on he ,derstanding that a mobile home park advis ,ry group will meet with the Ordinance Revi: Commi ,tee and the Planning Board if nece =airy in de' -loping standards for parks which a,dress heal . and safety issues. Staff has al-o recommende " the following to serve on the committee: Be h Bradshaw, Forrest Heath, Roger, Dale Stephens a • Willard Cates. MOTION: Pilkey moved approval. Second d by Best. O R A N G E C O U N T Y BOARD OF COMMISSIONERS - l s. ACTION AGENDA ITEM ABSTRACT Meeting Date N. - I . - • :6 Action ends Item SUBJECT; Z-7-86 (REZONING REQUEST) ALLEN AND DORIS TURNER DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment( s) Information Contact: EDDIE KIRK * APPLICATION * VICINITY MAP * SUMMARY SHEET • IMPACTS STATEMENT * AGENCY COMMENTS 10-6-86 PUBLIC HEARING MINUTES DRAFT 10-20-86 PLANNING BOARD MINUTES (*See 10-6-86 Agenda Packet for Telephone Numbers Attachments) Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider the rezoning request submitted by Allen and Doris Turner for recommendation to the Board of Commissioners. This item was submitted to public hearing August 25, September 16 and October 6, 1986. To receive the Planning Board recommendation . 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 zoning classification of the property is Rural Residential (R-1 ) . The 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. I 34.- RECOMMENDATION: The Planning Board recommends denial with resubmission as Planned Development. kt,(} A4U �� 12994 AC 2 3 AG. j g �\\ 3 C- / a \ 127 AC ii� Q2T3 45 94 AG Gil,� i .� _ �4 7016 ( \``\ 4363 j+293AC.CAL. /a�OtA B ( i2T� re 79 AC �~ L7� \�\*,� f� T oaaet - - 1. -.77 AC 4-55 AC • 3 � • // 7lrb r� � \� y CAL 7 01 a TIC (All q, i f j 1 5,85 1.74 AC. �1 + ►AC I.k G, \ --��\��-,.. 0 .00di 1986 3.16 AC. IV ' --7 W9*S __J1L,_ _ I.S. 8 �\ .;:�' ".�\ ```.��-•,,,,,,, — _ _ —._—.—=---w—=i.s�85 I/ k �'�'^��.,�\ _..--"� 1� a •.t3+F. � 'r :h xi .t a. � •�� ,� '�:�a`.'a, +�# �r/ � s.�..• +}' .: � -.E•�,,:�r.y�{�•� `�•,,�•,,,�� , �� 'y h` ��' G y� � ��j �� �".au�y�, _ �dt'� � �; k1�K.}3. ,'�: .; I.• _ � ��.,�,' �� ,�4 y •r� ..�'.���• 'app`� -3. ^' ,-r' : *4 .f, �t �. � a `' ,{•� ' ' 1 ,� ~�'\►+��� � � .sy'� .� �A�+' ,4 M t.t r i�� �•� �C.Y1MIi�k+M.i} J�'�'F�ti'S�/I ' �f •L ,8�j t -1�9K i''� ""-..ti` cr .�" -•- � � �"+`�'�kt5ri�ai X?} "� i{{ 1,47AGCAt •�'. ��;` �' ', �� ,,�. �' y , � � {1+71! � 3�5���`�"' `~F ,-� � ;� ' `� .�t�.. .s••�' �""�`' - �- .r raj t .cat � ^. '�� �'� " ALLEN DORI �V11�11�� , � �'� gw ti� [t7 fin�88. 3.73AG.Clri�{H4�p��� @+1 A tr yc C }} u p gg}� ,- la APPLICANT: KENNETH R. EM$RE� �}��� �7:arf3� �-� Oy�t�AL." 41UA... 3AG F,nr, A �} �csr) E.1 � f4A��~� �L U1 � LUP: Twenty Your Transition and - - _bear Cornmerciatlindustrial --' Transition Attivity Node � ~, , a'�•,,,,..!�"r"'— � MAP 77A - sc7 4 " '� �`'".... � � f' Current Zoning, Residential-1 c�� 42l9`: Prtrpc3ea� Zaningt Coenercai Coml*7ercic�l- ! h•, z 3 Ac. •S�tJ�$# �'�A 400' +Ra 1^ R #� `�a'11,. 49 is allaz# It �hri tMa. 4.4 AI - ai�t •:__-?+'lrnt `tea._ ��*� 1�ntks�Ct�l�tkraF1 _ - --�' ' ORANGE COUNTY, NORTH CAROLINA - P APPLICATION FOR CHANGE OF ZONING DISTRICT _ Oats : June •16, 19B TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make application to change the Zoning Atlas a Orange County as hereinafter requested. the eastbound lane of 1 . - The property is Located on the South side of S.R.zt•S•' : . t - Street/Road) between- S.R.# 1812 B. S.R.# 1715 . It is known as Lot (s) ' _ 77 ,, onbek - „_- ____ Orange County Tax Map• 25- Eno Township . It has a frontag of 634 feet and a depth of 765 feet , end centei square feet or 14.97 acres. - . • 2. It is desired and, requested that the foregoing property '-be rezan - f rom R--1 to GC--4 . . -3.- The- •folLowing- information has bean _.attached ..-..ink- support 'of th app Li cats an for changing the Zoning At Lae I20 requi red on a l applications) - . _ _ _._ •a. A Tully dimensioned map et a scale of not lams than one (11 'inch - - squals one-hundred (100) fast nor ■ore then one (11 inch equals _ twenty' (-20-) test—showiirg—tite -Vend °which 'is proposed to be - rezoned.- •b. A legal description of the lend proposed to b• rezoned. •a. A statement of Justification addressing one er more of the followings - (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 and detailed reasons how the proposed amendment will correct the error. - (2) The changed or changing conditions, i-f any, in the area ar in the County generally, which wake the proroaed amendmrent reasonably necessary to the promotion of the public health, safety end general welfare. ■(3) The Benner in which the proposed amendment will carry out the intent and purpose of the adopted Lend Liao Plan or part thereof. •(4) All other circu•stancbe, fasters end 'sesons which the applicant offers in support of the proposed amendment including, but not Limited to, documentation from service - agencies (e.g. fire, police, rescue and utilities agencies! assuring servings provision capability to the development. d. A list of eLL individuals, firms or corporations owning property adjoining or within five hundred (sOO) teat of the property sought for rezoning is attached. The Lint is current as of - •(pmts) , - i - -I certify that -ell information furnished in this application is accurst. to the best of my knowLedge . App Li cant ( e) : Allen and Doris Turner Address .. ,''�1 1., 5001. Raint>;ee Rd. ,ii�- Durham, NC _ - e neth .. Embree .-. ' Phone: 383--4856 Attorne 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-way for the east bound lane of US Highway 470 said stake being the northeast• 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 42; thence along and with the west . • line of Lot 42 South 26° 5' West 300.00 feet to a point, the southwest corner of Lot 42; thence along and with the south line of Lot 12 South 65° - 1' 0" East 208.05 feet to a point the southeast corner of Lot 12, said point ' also being in the west line of property of Ken Goin; thence along and with. Coin's west line South 14° 30' West 424.61 feet to a point., Gain's -southwest - • 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' OR 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 OP 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 _a].so made to map entitled "PROPERTY OF GEORGE W. HONEYCUTT", by Credle • Engineering Co. , Inc., dated August 6, 1985. . • . . . • • I ' . . . . . ' . . * - • . 'o' . 1 • , . . -- - • ' 1 . . . . . . • .. . . . . • - ' . The area for which the change of zoning district is sought herein lies among property currently zoned General Commercial 4. In point of fact, all laud ' • 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 - 1300 feet east of the subject property with the exception of a small lot 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. 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 which General Commercial surrounds the subject property. The lot size 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 road • . . . adjacent to the property to the north. From the existing zone designations of the surrounding property, -the change of zoning district to General . . Commercial 4 from R-1 for the subject property would simply coordinate with the surrounding land use designations. • - . . . , . . . . . . • . . . • . . . . , . • . - .. . • .. . - • . . . • • . . . . • . . . . . . .. -. . . . . . . • - . . • . . , • 7" . . . - . • . ' . . . - • . - - • . . . • , - . . . . . • . . . . . . . . _ . , . . . . . . . . -. " ', . . . . • • . _ . • . • . . - . . . . . " . . , . . . . • . • . • . . . . .. . . . . . • • . . • . - • • . . . . • . - • " • - . . . . . . . . - • . . . . . . . • . . . . . , . . • . . • , - . • • . • . . . . • - . _ . . . • ' • . • • - • . . , . . - • • . - . . . . • . - . . • • - . . - . - . ' . . • . . . . . . - • . . - ' . • • . . . . . . • . . . , . . . . . • • . , - . - . • . . . , . . . . . • . . . . • . . • • . • . .. _ "4i1V1 HEALTIli DEPARTMENT . • aufi#erti�• ■ a Ma. TOO NK '- - CaaOz N.C.- STS MAIM • • • • - r - ' • • t i a� the sewage diagonal; 57Stce= at : �l>t ee eatn /. ' t ,. crT VA '= VIM ,}dr A • a The sxaLa.g pe d cm, bob��� ps�pe�ig a dates: . - . • !....N 7 - Tt ship, Tags Map -2+.5: , Mock' • ', i Lot-p' 7 7 . . . . 0•42togir , • - • - • • • • • . . • tst,tu4cb. t 42: .ebt STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Greensboro, NC 27429-0278 February 5, 1986 JAMESGLIVIAKM4 GOVERNOR DIVISION OF.HIGHWAYS JAMES E. HARRINGTON SECRETARY Mr. Eddie irk . 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 1-85 with US70. We would recommend one access near 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 developer's access and existing pavement on SR1812. State maintenance on SR1812 begins at its connection with OS7O and runs westward to the bridge. The bridge is not state maintained. 0 - If we can be of any further help please advise. ' • Sincerely, J. V. Watkins DIVISION ENGINEER JWW/DBK/cb cc: Mr. D. B. Kelly _ An Equal Opportunity/AffirmativerAction Employer 1 LINDY PENDERGRASS Sheriff of Orange County Hillsborough, North Carolina, 27278 Office Phone Hillsborough 732-2431 Chapel Hill 942-6300 • Residence Phone . 929-5535 TO: Orange County Planning Department PROM: Sheriff Pendergrass DATE: ,January 17, 1986 REP: Law Enforcement Proposed Rezoning Request, Highway 70 East (Carolina Paving) - The proposed zoning' ''c.han' ge on Highway 70ät 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. - . 4.0._C4 te i y v,. - • . 1 . (1 . °ramie County PaJcue Seittac inc. • ir . 261 S.CHURTON ST..EXT. . . • HILLSBOROUGH.NORTH CAROLINA 21278 • ____ • 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 1/2 mile west of old location. . . . . Orange County Rescue Squad , . . . . . . . . . . _ . . , . . . ' . . . . - . - . - . . . - , . . . . _ . . . . _ . . - . - . ' - . . . . - . . . . . - _ . - . . . . • . , - . . . . . . . - . - . . . . . , . . - . . . -.-- . ENO FIRE PROTECTION ASSOCIATION • RT. 1, B©X 274 DURHAM, N. C. 27705 EAST ORANGE INSURANCE DISTRICT January 16, 1986 Mr. Ai,len Turner 5001 Raintree 8d. • = Durham, North Carolina Dear Sir: The rezoning-request you want will pose no problems for fire protection in that area. - • Very truly yours, .‘ 7.111.0416 - B.L. Baker . Chief . • ORANGE COUNTY PLANNING DEPARTMENT I3ILLSB©ROUGH NORTH CAROLINA • 27278 l •'b !.;•■•� CERTIFICATE OF MAILING ZONING ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA I , Marvin Collins" Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that on or about August yam. 1986, I mailed, by . certified mail , postage prepaid, a Notice of the Public Nearing to be held on the requapt ) Allan AAA Corts Turner for rezoning - pr4perty Located in Eno Towns1'l i A from R=1 Beg i4@nf X l Bsnsro t Cornmergl a L 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_ WITNESS my hand, this 15th day of Augusts .1, 86. • Marvin Collins Zoning Officer' • • • ORANGE CO JUNTY PLANNING DEPARTMENT IIILLSBOROUGEE NOR TI1 CA.ROLIN.d. 27278 S • MEMORANDUM TO: Orange County Planning Board FROM: Eddie Kirk, Planner 11 DATE: August 8, 1986 SUBJECT: Z-7-86 • k APPLICANT: Allen and Doris Turner • 5001 Raintree Road Durham, NC fl • LOCATION: Southwest corner of the intersection of U.S. 70 - and Interstate 85 in Eno Township. S - STATUS OF APPLICANT: Owner REQUESTED ACTION: Approval of a rezoning request from Rural Residential CR-1 ) to General Commercial-4 • (GC-4) . PURPOSE: To allow commercial development. fl 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-1 _ East - . Small lot zoned GC-4 on 7-7-86 and the Confederate Inn Motel zoned GC-4 West • - Vacant land zoned GC-4 •• • Z-7--86 (REZONING REQUEST) PAGE 2 LAND USE PLAN: Designated 20-Year Transition and Commer- cial-Industrial Transition Activity Node. ZONING: The property is zoned Residential-I (R-1 ) and subject to the standards of the Major Transportation Corridor OTC) overlay zoning district. The Twenty Year Transition plan category provides for rezoning to all of the residential zoning • districts CR-1 to R-13) . The. Commercial- Industrial Transition Activity Node Plan Category " provides for rezoning to all of the commercial and • Industrial zoning districts. ' • • • • • . a ORANGE COUNTY PLANNING DEPARTMENT gLLLSBOROUGH • NORTH CAROLINA • 27278 - - 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 Iine 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 sunnier 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 an 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 su ltab I i ty of the remainder of the site for on-site wastewater ' systems. ROADS/TRAFF M - 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 compiex 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 . ' ALLEN AND DORIS TURNER IMPACTS that intensity. An ,example of a more likely development o.f 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. POLICE, FIRE .AN' -. • - 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 162 1986 and January 17, 1986 respectively. ) • . . . S . . - _ , . r - ' ' , ONING ORDINANCE ' The property is located within. the Eno-2 Commercial/ indu'striai . 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 ias an arterial in the Orange County Land Use Plan . - Permitt d (bes ' 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: • - : t - r. . Daycare, Day -Nursery, Private Kindergarten . . . Family Care Home . 0 . Rehabilitative Care Facility Hotels/Motels . - Accessory Uses . . Botanical Gardens . Bus Passenger Shelter • Bus Terminals/Garages • Church . Governmental Protective Services • • - • Military Installations . . ■ . . . I . ' . . . ! AUGUST 8, 1986 PAGE 3 PLANNING BOARD MEMO ' ALLEN AND DORIS TURNER IMPACTS S . . . , . . Parks, .s, 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 _ . S . . . • Drive-In Theatres . . • . , Farm Equipment/Sales Funeral Homes Greenhouses (No on premises Sales) • . Greenhouses (On-premises Sales) . ' : Health Services 0 . . - - Hospitals . . . - Laundry E. Dry Cleaning Services - 0 . Libraries , • . . _ Motor Vehicle Maintenance & Repair - • Motor Vehicle Service Stations S 0 . 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 0. Research Facility . Restaurants ( all types) ' ' . . - Retail Trade Sales & Rental-Convenience Goods (all types) Retail Trade Sales & Rental-Durable Goods Call types) Storage & Warehousing ( Inside Building) Wholesale Sales . , . . . - :. LI 9 L • ' • ■ ' A-L-111E-PERKLI Residential Hotel (Fraternities, Sororities, Dormitories Public Utility Substation S S . Adult Uses Junkyards . _ . . . Waste Management Facility • : 14 O i • • 16. 0 1 ' : ' ' Se pERKT _ 'Group Care Facility S S Portable Buildings Radio/Television Towers and Elevated Water Storage Tanks Transmission- Lines Kennels/Riding Stables - . . . . . . , AUGUST 8, 1986 PAGE 4 PLANNING BOARD MEMO - k • 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 APPt.ICATION: 2-7.86 (Rezoning Request )Allen and Doris Turner . BASED ON THE APPLICATION KATERIALS SUBMITTED, THE PLANNING. STAFF ' RECOMMENDS THAT -THERE IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS; ARTICLE 20 - SPECIFIC STANDARDS FOR EVALUATION/REZONING ARTICLE ZO - SPECIFIC STANDARDS FOR EVALUATION/REZONING ("Yes" Indicates cam I I ance* "No" Indicates Honcomp3.1 ance, PLANNING STAFF PLANNING FININGS BASED ON BOARD SUBMITTED APPLICATION EVIDENCE SUBMITTED-TO SUPPORT FINDINGS RECOMMENDED Ordinance'Requi rem.nts FINDINGS The app'llcation must comply with all requirements speci- fied in 'Art I ele 20 - Amend- ments. 'Those requi rements 1r�cTude1 20.32 a) Map shc►wing affected Yes No Site Plan provided at scale of Yes ko property at scale-of not less I"7I00' . than 1 10011 nor more than 1'- 201 20.3R2 •b) Legal 4scription of %Yes No Description provided wl th appl I cation ; „Yes N No property 20.3.2 c) Explanation of alleged A Yes N No No error alleged Yes No error, I f any, to be corrected by proposed amendment 20.3.2 d) Changed condl bons, If Yes � No APPlicant cites GC-4 zoning on both sideses No any, which make amendment reasona- and across US 70 and I-85.as justification b i y necessary to promote public for zoning,change, The tract immodiately to the. health, safety and general welfare; east was -rezoned from R-1 to GC-4 on. 7-7-Q6'. 20.3.2 e} Manner In which proposed X Yes �o Property I s located Ina 2O Year - Yes �,� Transition Area and Commercial/ 1111-' amandment vii l I carry out purpose lndustr;al Node and intent of adopted Comprehensive ARTICLE 4 DISTRICT STATEMENTS OF INTEREST AND APPLiCAT/ON CRITERIA ORDINANCE REQUIREMENTS Article 4.2 identifies the criteria which will normally be used to determine the application of a zoning district designation. The applicatn has applied for a General Commercial-4 (GC-4) designation. The criteria for that district are set forth In Article 4.2.10 and are as follows: 1 . The site is within an area X Yes No The property is located within a Yes No designated as either Commercial Commercial/industrial Activity Rode. or Industrial Transition Activity Modes, by the adopted Land Use Plan, In Eno'or Hillsborough Townships. 2. Water and sewer .mains exist at the X Yes No A letter has liven received concerning es N o. 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 forme tion--has-heen--received on the remainder ' 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 watez/sewer. 3. All property to be designated for new X Yes No The access road �S131$12} Is niaintalned yes No development under this classification by NCil4T fora distance of approximately shall have direct access to major 224 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. I. ORANGE COUNTY PLANNING DEP RIME T . II'ILLSBOROUG� - - . NOR= CAROLINA. 27278 - ' - a4,.:r yd ' . ' I I iil:;. n . . . *,'rt`�oo. .. . July 29, 1986 ' - . Kenneth R. Embree . - Suite 210 - puke Forest Place - 3326. Chapel Hill Blvd. - - . . . Durham, MC 27707 . . Re: Allen and *Doris Turner Rezoning - Dear Mr. Embree: - • In reviewing the . application for the Allen and .:Doris Turner • , rozon i ng . request, .I have found' two major items that a ust_ be - addressed . • . - . . • In - April 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 comply - . . . 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 10Z. 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 .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 . . F Kenneth R . •Embree July 29, 1986 , Page 2 contact Warren Faircioth, the Erosion Control Officer "about submitting an Erosion Control Plan. Since the site Is not • 1ri compliance with the Zoning - or Erosion Control Ordinances both of these Items oust be accomp 1 i shed immediately. The Planning Staff w i l l suber.tt` a negative recommendation of the requested rezoning unless tuts. - site comes into compliance. -If there are any further questions please c©nfact 'me at the Planning Department. - - Sincerely, - - elOZZ • Eddie Kirk - . Planner EK/dg _ • CCB GUARANTEE OF IMPROVEMENTS FOR LANDSCAPING �ia�vt OF 100—FOOT BUFFED 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, Anne P. Pope Assistant Treasurer APP/fe Enclosure • Post Office Box 931,Durham,North Carolina 27702,919/6834777 APPLICATION. FOR EROSION CONTROL PLAN APPROVAL ANTI GRADING PERMIT i� . ORANGE COUNTY EROSION CONTROL ORDINANCE - • �. SEDIMENTATION AND - EROSION CONTROL DIVISION ORANGE • COUNTY PLANNING DEPARTMENT . 106 EAST MARGARET LANE • HILLSBOROUGH, N.C. 27278 - - . .. NAME OF PROJECT: Carol.tna Paving - Turner . V - 2. LOCATION OF PROJECT: 11434te 2 Box. 556 Durk, N. C. 27702 •TOWNSHIP:* En° - .. .TAX MAP:. �5 . BLOCK; . ' . LOT: 77 - JURISDICTIONAL AREA: '... -r- V 3. SIZE OF TRACT:. 15.6- AC.; AMOUNT OF DISTURBANCE: 544.5 SQ J1 4. • TYPE -OF- CONSTRUCTION: clearing 4 grading ' 5. PLANS PREPARED By: __Cease Eng_ineer t_ Ca. Inc. - ' ' ADDRESS: Duraarn, N.C. ' V . . .. .. . .PHONE,:'6$272oi . CONTACT: Sidney Czedle V 6. PERSON OR FIRM RESPONSIBLE FOR IMPLEMENTING THE EROSION CONTROL PLAN: NAME: Allen E. Turner• • . Durham, N.C. - - ADDR -ADDRESS: PHONE: 3856 CONTACT:. ' . . .: . ' , OFFICE USE ONLY 7.' FEES: - ' - V • ' PLAN REVIEW: $ .r937•5.° DATE PAID .RECEIPT # ___________ GRADING PERMIT: $ i675.oa . DATE PAID _ RECEIPT #• TOTAL: $ 2812.So . DATE PAID S'`$s`�S6 RECEIPT 3?3 S, APPLICATION AND PERMIT REQUIREMENTS PLEASE READ CAREFULLY ! II THIS APPLICATION IS SUBMITTED AND ACCEPTED SUBJECT TO THE 'FOLLOWING CONDITIONS: V -•• • THE INFORMATION PROVIDED ON THIS FORM IS, TO THE BEST OF H' KNOWLEDGE V ACCURATE AND COMPLETE. . . PERSONNEL FROM. THE EROSION- CONTROL DIVISION SHALL VISIT -THE SITE IN V- ORDER . TODETERMINE .IF -THE ROSION CONTROL-PLAN IS ACCEPTABLE. AND TO . INSPECT•THE..SITE FOR COMPLIANCE ONCE A GRADI NG'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 PLAIN' - UPON COMPLETION .OF CONSTRUCTION, TOE- SITE SHALL BE STABILIZED IN A PERMANENT MANNER AS DESCRIBED IN THE. ROSION CONTROL PLAN. • - CONTINUED ON BACK F —.MIS-PROJECT MUST . . NFORM TO ALL APPROPRIATEILAING AND SUBDIVISaIQN REGULATIONS. FOR THE -LOCATION-OF. THE SITE.. FAILURE TO FULFILL-THE REQUIREMENTS. AND . PROVISIONS• OF THE APPROVED EROSION CONTROL PLAN AND GRADING .PERMIT SHALL .RESULT IN ENFORCEMENT-., ' ACTION - AS PRESCRIBED IN. THE ORANGE COUNTY EROSION CONTROL-ORDINANCE; • IF APPROVED, THIS. PERMI T I S NOT AN. AUTHORIZATION TO- PLACE-ANY ' . HE STRUCTURE ON T SITE EXCEPT FOR THE EROSION CONTROL DEVICES, . • THE EROSION .CONTROL PLAN- SHALL- BE.MODIFIED BY THE -EROSION CONTROL OFFICER AS .CONSTRUCTION PROGRESSES- IF- THE PLANNED PRACTICES ARE FOUND TO ' BE INADEQUATE- •TO--PREVENT OFFSITE• SEDIMENTATION OR IF IT CAN BE SHOWN. THAT CERTAIN PRACTICES ARE UNNECESSARY. - . • .. •. ..� .. -----„• ' . ' . S GNATURE DATE • • Allen. E. Turner . ' PRINT OR TYPE NAME AND TITLE • . ' . VALIDATION S PERMIT NU . PERMIT NOT VALID UNLESS -STAMPEDy AND SIGNED BY .THE: EROSION CONTROL OFFICER • . EROSION CONTROL PLAN . . GRADING PERMIT . - _.;1 V.' APPROVAL - ,. - • • GRADING PERMIT. EXPIRES IF CONSTRUCTION IS NOT BEGUN PLAN APPROVAL EXPIRES IF . . ' WITHIN 6 MONTHS OF THE- • • .. CONSTRUCTION IS NOT BEGUN. ' _ . - DATE OF VALIDATION, - WITHIN• 6 MONTHS OF •THE DATE . . OF VALIDATION.' • • - _ Nf • -. . r ' T•. d . :, F :' . n'.-'- -.-" r Co-;.- a Y . ` ' -. . , t;(-6i'af .r.- -71011,-/a.; .4. . - . TTtL ,{ 1,.74;4,,. 17 1i ;(a .. c - . • ,,► ,. 1 :� :,�.... :a' °�'6 ' A j � t�.L A.4 .' k _g. 1 g SIGNATURE OF OFFICER • DATE SIGNATURE OF OFFICER l =TE. MODIFICATIONS. COMMENTS OR CONDITIONS OF APPROVAL; ETC. : ' ORANG1-COUNTY EROSION CONTROL OMANANCE . SEDIMENTATION AND EROSION CONTROL i3IVISIOM , ORANGE COUNTY PLANNING DEPARTMENT • 106 EAST MARGARET LANE . HILLSBOROUGH, N.C. 2727a • OWNERSHIP ' • • 1. NAME OF PROJECT: Carolina Paving — Turner • 2. LOCATION OF LAND DISTURBING ACTIVITY IN ORANGE. COUNTY: Route 2 Box 556 Durhami N. C. (Eiwy 70 West) 3. APPROXIMATE DATE LAND DISTURBANCE WILL BEGIN:- 4. . . PURPOSE OF DEVELOPMENT: To relocate business • • 5. APPROXIMATE AREA TO BE UNCOVERED OR DISTURBEDSQUARE. FEE1 6. HAS AN -EROSION CONTROL PLAN BEEN SUBMITTED FOR APPROVAL? YES I '• 7, LAND OWNER(S) OF RECORD: (USE ADDITIONAL PAGES IF NECESSARY) Allen E.bdurife Doris 3. Turner • NAME NAME • 5001 Baintree. Road • • * STREET ADDRESS' STREET ADDRIESs CURRENT MAILING ADDRESS CURRENT MAILING ADDRESS - • _ • • Durbaxat' N. C. 27712 CITY STATE ZIP CITY STATE; ZIP 383-4856. _ TELEPHONE NUMBER - TELEPHONE NUMBER . NAME NAME - STREET ADDRESS . 4 , STREET ADDRESS • • • CURRENT MAILING ADDRESS CURRENT MAILING ADDRESS ' STATE ZIP CITY STATE ZIP TELEPHONE NUMBER TELEPHONE NUMBER NA E - NAME • • STREET ADDRESS STREET ADDRESS - • • CURRENT MAILING- ADDRESS • CURRENT MAILING ADDRESS CITY . - • STATE ZIP CITY STATE .ZIP • TELEPHONE NUMBER — TELEPHONE NUMBER • mu RACK • __. • • 8. .LIST BOOK AND PAGE 1ERE DEED OR INSTRUMENT I TILED IN ORANGE COUNTY:- BOOK 553 A. PAGE 217 ; BOOK. , PAGE, .; BOOK. ., PAGE, BOOK ; _, PAGE ; BOOK . , PAGE, , BOOK, , PAGE FINANCIAL RESPONSIBILITY • is PERSON(S) OR FIRM(S) FINANCIALLY RESPONSIBLE FOR THIS LAND DISTURBANCE: Allen E. Turner - NAME NAME 50O1 Raintree Road STREET ADDRESS STREET ADDRESS - CURRENT MAILING ADDRESS CURRENT MAILING ADDRESS Durham, North Carolina- '27712 ' CITY STATE ZIP CITY • STATE ZIP 383-4856 TELEPHONE NUMBER TELEPHONE NUMBER • • 2. REGISTERED AGENT, IF ANY, FOR THE PERSON OR FIRM FINANCIALLY RESPONSIB1. NAME • STREET ADDRESS . CURRENT MAILING ADDRESS CITY - STATE ZIP TELEPHONE NUMBER • 3. THE ABOVE INFORMATION IS TRUE AND CORRECT TO 111E BEST OF MY KNOWLEDGE AND BELIEF AND WAS PROVIDED BY ME WHILE UNDER OATH. Allen E. Punier SIGNATURE - - TYPE OR PRINT NAME - _ • Aug. 7, 1986 - oWne- TITLE OR AUTHORITY DATE , I, John J..Lampe , A NOTARY PUBLIC OF THE COUNTY OF Durham , HEREBY CERTIFY THAT„ Allen -,�PERSONALL' 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, THl S, '7 DAY OF August , 19 86 - +� • ► . , y ' ► A 11841_ =RY •• I 4 - I.:. c '[�• PU81.1c ,*=, rr*I +j•yam• �yr��.'►,*r MY COMMISSION EXPIRES 12,AV/fi. /91? • A��'t�'RYt(; - --pn/7? 13VkV P Esc • AGENDA ITEM #1 : ZONING ATLAS AMENDMENTS a . Z-7-86 ALLEN AND DORIS TURNER (CONTINUED FROM 8 25-86) Presentation by -Collins . This agenda item is to receive public comment on a proposed rezoning request submitted by: Allen and Doris Turner . 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 zoning classi- fication of the property is Rural Residential' (R- ' 1 ) . The applicant is requesting the ' lot be rezoned to General Commercial-4 (GC-4) . Approval of the request would allow development of the full range of commercial uses at this loca- tion . 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. Collins indicated information has been received that has to do with a letter submitted by. the Division of Environmental Management concerning non-compliance with NC General Statutes regarding wash water and discharge of oil . Collins continued that Mr . Turner has come into compliance with OEM's notice of non- compliance. Due to the nature of this business and the closer review needed, Collins stated that Planning Staff Is recommending denial of the request with ' resubmis- sion as Planned Development. A Planned Develop- ment is a more suitable approach for rezoning of this property in that it would not only allow the - Board of Commissioners and the Planning Board to consider the specific request again but It would • also allow them to look at a specific site plan for the development of the project . At that time conditions could be attached to the approval which would address any concerns that resulted from the review of the site plan of the request. Because of the size of the property, there could- be considerable generation of traffic. This would also be addressed through a Planned Development request. PAGE 2 13i= Commissioner Lloyd inquired why Planning Staff would recommend Planned Development when the applicant met all the criteria for a straight • rezoning . Collins responded that the rezoning process is a more open-ended process in that the Commissioners have more latitude in making a determination as to whether or not to approve- or deny the request . The Special Use or Planned Development process is more closed in , that if certain findings-of-fact are made, then the Commissioners must Issue the permit. Through the straight rezoning process the County loses the ability to mitigate any negative impacts that result from the project whereas a Special Use Permit or Planned Development approach would allow the County to address those impacts while at the same time allowing the citizen to use the property as he wished . Collins submitted photographs showing the present condition of the property. Ken Embree, attorney representing the Turners, indicated he had mre information regarding the letter from DEM concerning the non-compliance. Mr. Turner did receive a notice of the violation in May. When the Investigator came out and • pointed the violation out to Mr. Turner, he stopped washing the heavy equipment immediately in such a way as to cause the dishcarge and has refrained from doing so since that time . Mr . Embree continued that there - is a special type of collection basin that can be constructed under design specifications from DEM to prevent the discharge from occurring again . He noted that Mr. Turner will comply with those regulations in order to request a permit from DEM; this would enable • Mr . Turner to address the concern noted by Collins . Embree continued that before Staff knew about the discharge violation, they had recommend- ed approval of the rezoning request. Embree indicated on a map that there are areas surround- ing this property that are zoned GC-4 (General Commercial -4) near the intersection of US 70 and 1 -85 . This is the only tract on the south side. of the 'access for US 70 which is not zoned GC-4. - Embree continued that Turner has submitted an Erosion Control Plan which has been approved and • has also submitted a site plan which shows the seeding of the property and the planting of trees . Mr. Embree noted that Mr . Turner had responded to all the regulations as he was informed and encour- aged the straight rezoning of the property. Lloyd inquired why, with the problem of discharge solved, did Planning Staff not go back to its original recommendation of straight rezoning . - 4 PAGE 3 Collins responded that the size of the tract and - the potential for development and traffic gener- ation were concerns of staff . Collins continued that the letter from DEM added to the concerns for potential for impacts with the development of the site, particularly if the major part is to be developed for the paving company. Yuhasz inquired if the traffic impacts from this property would be any greater than that from the adjoining properties currently zoned GC-4. • Collins responded that they may be lesser than or greater than but there Is little that can be done about those tracts already zoned GC-4 . Pilkey Inquired • about the 50 ' buffer . Embree responded that a landscaping plan has been submit- ted and approval has been given. Most of the area • will be re-seeded and trees planted according to the landscaping plan . He noted that the planting will be done when it rains. Margison inquired about drainage fields. Embree responded that the existing system has been approved by the Orange County Health Department. He continued that no activity could take place on the tract until such time as the retention basin Is in place and a permit is issued from DEM. Marshall inquired about the additional permits Embree had referenced and the landscaping plan . Embree responded that the property was within the Major, Transportation Corridor . b . Z-8-86 ROBERT FAIRCLOTH AND R. B. BARLOW, JR. (CONTINUED FROM 8-25-86) Presentation by Collins. • This agenda item is 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 . - 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 • t4 � State of North Carolina Department of Natural Resources and Community Development Raleigh Regional Office James G. Martin, Governor DIVISION OF ENVIRONMENTAL. it4UAGEMERT S Thomas Rimes. Spry May 9, 1986 Mr. Allen E. Turner CEI4TIFCt FA 5001 Raintree Rd. RETURN RECEIPT E Rl~t 1IL ES' TED Durham, NC 27712 • SUBJECT: Notice of Non-compliance Unlawful Discharge Turner Trucking Company Orange .County Dear Mr. Turner:On May 5, 1986, Mr. Jack Floyd of the Raleigh Regional Office visited the subject facility in reference to a complaint of the discharge of oil and washwater. ' There was visible evidence of wash:tater pooling along the property with a degree of petroleum noted in the washwater. At the tine of inspection, several vehicles were being washed. Based on the visible evidence 'of -washwater being discharged onto the land and possibly washing into the - surface waters of the State, this facility is in non-compliance with the - following North Carolina General Statutes: 143-215.1 - discharge without permit 143-215.83 - discharge of oil You are hereby requested to cease immediately all discharge of oil and washwater which drains into or is likely to reach the surface waters of the State. In order to continue present businc:s practices, a collection softie must be installed to prevent any further discharges. Stich collection systems must be permitted by this Division. • You are requested to respond in writing within fifteen (15) days of receipt of this letter stating your intentions to correct this situation. - If you have any questions, please call Hr. Floyd at 919/733-2314. • Sincerely, [I\ R.W. Van Tilburg • Regional Supervisor RWVT/JF/at cc: Jack Floyd t - - Orange County Health Dept. ' • • 3800 Barrett Drive, PO Box 27687, Raleigh, NC.27611-7687 0.1-IL-phone 9197332314 An Equal Opportunity Affirmative Action Ensp?oyer DRAFT JOINT PUBLIC HEARING PAG"66' from the text it is not written. It is simply taken out of the ordinance. He continued reading Article 6.21.1 a 2) and noting that the phrase "that the space be improved in accordance with Subsection 7.20.4a) of this ordinance" is the phrase which requires existing mobile home parks to comply with the new standards. By deleting this phrase, a grandfather situation would be created. AGENDA ITEM *l: ZONING ATLAS AMENDMENTS a. Z-7-86 ALLEN AND DORIS TURNER (CONTINUED FROM 8- 25-86) Presentation by Collins. This agenda item is to receive public comment on a E � proposed rezoning re q uest submitted by Allen and Doris Turner. 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 D.S. 70 at the southwest intersection corner of O.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 zoning classi- fication of the property is Rural Residential (R- 1) . The applicant is requesting the lot be rezoned to General Commercial-4 (GC-4) . Approval of the request would allow development of the full range of commercial uses at this loca- tion. 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. Collins indicated information has been received that has to do with a letter submitted by the Division of Environmental Management concerning non-compliance with NC General Statutes regarding wash water and discharge of oil. Collins continued that Mr. Turner has come into compliance with DEM's notice of non- compliance. Due to the nature of this business and the closer review needed. Collins stated that Planning Staff is recommending denial of the request with resubmis- sion as Planned Development. A Planned Develop- 13( DRAFT JOINT PUBLIC HEARING PAGE 7 ment is a more suitable approach for rezoning of this property in that it would not only allow the Board of Commissioners and the Planning Board to ‘ consider the specific request again but it would \ 'I also allow them to look at a specific site plan Ns for the development of the project. At that time conditions could be attached to the approval which would address any concerns that resulted from the review of the site plan of the request. Because of the size of the property, there could be considerable generation of traffic. This would also be addressed through a Planned Development request. Commissioner Lloyd inquired why Planning Staff would recommend Planned Development when the applicant met all the criteria for a straight rezoning. Collins responded that the rezoning process is a more open-ended process in that the Commissioners have more latitude in making a determination as to whether or not to approve or deny the request. The Special Use or Planned Development process is more closed in that if certain findings-of-fact are made, then the Commissioners must issue the permit. Through the straight rezoning process the County loses the ability to mitigate any negative impacts that result from the project whereas a Special Use Permit or Planned Development approach would allow the County to address those impacts while at the same time allowing the citizen to use the property as he wished. Collins submitted photographs showing the present condition of the property. Ken Embree, attorney representing the Turners, indicated he had more information regarding the letter from DEM concerning the non-compliance. Mr. Turner did receive a notice of the violation in May. When the investigator came out and pointed the violation out to Mr. Turner, he stopped washing the heavy equipment immediately in such a way as to cause the discharge and has refrained from doing so since that time. Mr. Embree continued that there is a special type of collection basin that can be constructed under design specifications from DEM to prevent the discharge from occurring again. He noted that Mr. Turner will comply with those regulations in order to request a permit from DEM; this would enable Mr. Turner to address the concern noted by Collins. Embree continued that before Staff knew about the discharge violation, they had recommend- ed approval of the rezoning request. Embree DRAFT JOINT PUBLIC HEARING PAGE 8 indicated on a map that there are areas surround- ing this property that are zoned GC-4 (General Commercial-4) near the intersection of US 70 and 1-85 . This is the only tract on the south side of the access for US 70 which is not zoned GC-4. i� r-1_ Embree continued that Turner has submitted an ;: ..r. Erosion Control Plan which has been approved and has also submitted a site plan which shows the seeding of the property and the planting of trees. Mr. Embree noted that Mr. Turner had responded to all the regulations as he was informed and encour- aged the straight rezoning of the property. Lloyd inquired why, with the problem of discharge solved, did Planning Staff not go back to its original recommendation of straight rezoning. Collins responded that the size of the tract and the potential for development and traffic gener- ation were concerns of staff. Collins continued that the letter from DEM added to the concerns for potential for impacts with the development of the site, particularly if the major part is to be developed for the paving company. Yuhasz inquired if the traffic impacts from this property would be any greater than that from the adjoining properties currently zoned GC-4. Collins responded that they may be lesser than or greater than but there is little that can be done about those tracts already zoned GC-4. Pilkey inquired about the 50' buffer. Embree responded that a landscaping plan has been submit- ted and approval has been given. Most of the area will be re-seeded and trees planted according to the landscaping plan. He noted that the planting will be done when it rains. Margison inquired about drainage fields. Embree responded that the existing system has been approved by the Orange County Health Department. He continued that no activity could take place on the tract until such time as the retention basin is in place and a permit is issued from DEM. Marshall inquired about the additional permits Embree had referenced and the landscaping plan. Embree responded that the property was within the Major Transportation Corridor, that a landscape plan had been approved, and that a letter of credit posted for the improvements. 141. DRAFT PBM MINUTES PAGE 20 VOTE: Unanimous. (2) 'ff-Stree Parking (Handicapped Parking Facile ies) Presenta on iy Collins. The provisi s related to handicapped parking facilities , - 1 from a. concern, that no require- ments for . ch acilities exist in the Zoning Ordinance. If pr.vided. handicapped parking can only be requ red presently through conditions of approval attached to subdivisions and planned developments. and through application of State Building Code requirements. , • MOTION: Pilkey moved approval. Seconded by Best. VOTE: Unanimous." b. Zoning Atlas Amendments, le-- (1) Z-7-86 Allen and Doris Turner Presentation by Collins. This agenda item is, to consider the rezoning request submitted by Allen and Doris Turner for recommendation to the Board . of Commissioners. This item was submitted to public hearing August 25. September 16 and October 6. 1986. Planning Staff recommends denial with resubmis- sion as Planned Development. MOTION: Pilkey moved approval of Staff's recommendation. Seconded by Best. • Yuhasz noted that be had not heard any informa- tion that should cause the use of this tract to be more restrictive than the property adjoining. VOTE: 7 in favor. 4 opposed. (2) -8-; . R. B. Barlow, Jr. and Robert Farr- cloth Presen. =tion by Collins. This a , . da item is to consider the rezoning reque ,f R. B. Barlow, Jr. and Robert Fair- O R A N G E C O U N T Y BOARD OF COMMISSIONERS 1�- ACTION AGENDA ITEM ABSTRACT Meeting Date November 3, 1986 Action enda Item # r#74411) . SUBJECT: Z-8-86 R. B. BARLOW, JR. AND ROBERT FAIRCLOTH DEPARTMENT: PLANNING PUBLIC HEARING Yes • X No � � Attachment(s) Information Contact: MARVIN COLLINS * Application * Vicinity Map * Summary Sheet 10-6-86 Public Hearing Minutes Draft 10-20-86 Planning Board Minutes (*See 10-6-86 Agenda Packet for Telephone Numbers Attachments) Hillsborough - 732-8181 Durham 688-7331 Mebane 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider the rezoning request of R.B. Barlow, Jr . and Robert Fair-cloth for recommendation to the Board of Commis- sioners. This item was submitted to public hearing on August 25, September 16 and October 6, 1986 . To receive the Planning Board recommendation . 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/x281 residence, store building, trailer, 9/x131 shed and 31 'x351 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) . 14� IMPACT: Approval of the request would correct an error in the Zoning Atlas made at the time Cheeks Township was zoned . A com- plaint 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 deci- bels between 7: 00 pm and 7: 00 am. For purposes of compari- son, 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 on 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 de- creased 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 occu- pants of the site that they are disturbing neighbors . RECOMMENDATION: The Planning Board recommends approval of the rezoning of Lot 10 from EC-5 to R-1 . The Planning Board recommends that Lot 11 be left in an R-1 classification . Non-residential uses on that site would become nonconforming and subject to the provisions of Article 11 .9 (see attached copy) . • r .� 1 2 W 0. f a r. h. . . . la :„..i, ' * TTLJ ► t j ' A6; I , 1� . kit ;hi `43,c a'C/ 37�C• F ��l' !7 i _ 11 I :'''' . : I . Y NJ'117/.....", tW MA! • LtT ;i • • • • . • ok e..�. , ."^=� • .\ .. • \ amk X • . .•' - , I oar ~I I . .. 4.. X . . . . R & BARI.. .4R. 41■10 ' A1C►. • cbtottsisige164.. 604.6• Ai L it w Fgr'i g tO _ - T iM : Lr��►`�rE 10-fit-t _ • REVISED • I ..• S : NO eCAM . . . . j ; .... y • LEGDO Z 1 "_`. =go outo•.l..,;4. ORAL NCs _. • • blab bb0b., • ter. w ORANGE COUNTY, NORTH CAROLINA APPLICATION FOR CHANGE OF ZONING DISTRICT • Data: August 6': 1986 TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make application to change the Zoning AtLas o 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 a,, S.R.#, 1399 . It is known as Lot (s) 10 & 11 Block NA , Orange County Tax Map. 30 - Cheeks . ,Township . It has a fronta , of Lot 10-229_ , feet and a depth of It'lO''2l2 feet , and. contai Lot 11-496 square feet or lot 10-.98 acres . Lot 11-135 Lot 10-42,511.25/Lot 11-31,188 Lot?11-.72 2. It is desired and requested that the foregoing property le reaon from Lot 10- EC7-5 to R-1 lot 11- R-1 EC-5 •S.- The -tblLowing., , information has been .attached --in_ support cif t, application for changing the Zoning AtLas is required ou a applications) . *a. A fully dimensioned cep et a mottle of not lame Chan cps (11 inch 4 e quals one-hundred (1001 feet nor more than one I'll inch equals ' 'twenty 1203 , Peet--showi-wg_-tthe •lend which is proposed to am rezoned. . • *b. A Legal dsscription of the Land proposed to be rezoned. *c. A statement of justiflcatian sddreseing ae• Or mare -wr the following: (1I The alleged error in the Zoning Ordinance, if any. which • would be corrected by the proposed amendment with a detailed e xplanation of ouch error in the Zoning Atlas and detailed reasons how the proposed amendment will correct the error. _ (2) The changed or changing conditions, if any, in the arse 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 and purpose of the adopted Land Ues ?Lan or part thereof. *(4) ALL other circumetancss, feetore end reasons which' the applicant offers in support of the propound eaendaent. including, but not Limited to, documentation from service- e gsnciso (e.g. fire, police, rescue and utilities agnncio J assuring services provision capability to the development. d. A List of ell individuals, firms or corporations owning property adjoining or within five hundred (5001 feet of the property sogaiv ergr rezoning is attached. The List le current ea of (Betel •I certify that all information furnished in this application is •accurati to the best of• my knowledge . Applicant (s) : Address : Phone : - . ORANGE COUNTY Y PLANNING DEPARTMENT $ILLSBOROUGH • NORM CAROLINA 27278 . . 4 --S • 1 - wil • CERTIFICATE OF MAILING ZONiNG- ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA ' • . 1 , Marvta Do111is, Zoning Officer, Orange County, North Carolina, • .D0 HEREBY- CERTIFY that on or about August • • certified mall , postage prepaid, a -Notice of heBPublicalHearing t - to be held on the request hx. Rpbert fa.Lrc l otb B..11.,.. ear low . It Inc reZgaing 2f .prppartY 1.4CIaj jD. Chee(cs Townsbj° ID r..Qtr i- a ZamLaA AURA ° rr to each property owner as required by- . . Article 20, Section ' 20.6.3, of the Orange,, County Zoning Ordinance. • - - The ' not'ice mailed specified the date, •time, : the Public Hearing on the zoning classificationachange.$ybJeC of .WITNESS my. hand, this t5jh day of August., ink. • 11494/AtiL.0 - . Marvin Collins' • Zoning Officer 0 - • • • t ` • T+Ki1 0 1m1 a V`�rS�+.. u S.fs�t �+i .:i�J.\i,�.i itii i.L`+ •.•:•. @ A:V,U*. :L� 'R ?3L1AM LOT 81121;• (includos 1/2 OJI A � DISTRICT «,—r• - rrazlo g's 8t7tiy ShGp ' - • - 28 • 22, 2.32 3 Vpr, i, tol4 ZG ° R •. E� • ,.. Orange Alarnanc a,Water Co. 28 » 21H `" Less t i t a n 1 a c r e Whole L o t 0 - 1 afEicQ + Rancor Inc. 20'- 910 - ' 04 &OM Al Stega3.3.'s Front End 28 35 L acre Whole Lot: . EC g Service Wil-Cos Truck Co. 28.• 371 36C 17.45 acres 2.5 ac. NE 450' N GI U.S. 70 EC - 5 ' ` Mf 4501' N of U-S i 70 ` ire Service Station 28 • 20A 3.6 acres _ .*2 aa. 92 4001 8`of S. L. 1114 . EC ; 5 . , . N8 2500 .$ Of S.Re 1114 Icing's Garage 29 7 3 acres US aorca 2008 ji 3001 . .� EC " 5 28x26 • Caxmichaol's Sharp Ali.-Shop 29'« 16 `6 acres ' • 1501. x 3001 �e EC 5 a sumll Engine Repair Log Cabin . 30 a 4A use than 1 aura Whole Lot EC + 5 , 'Tyndall Gas & Grocery 30 = 10' 1 acre VIhole Lot EC - 5 & Law=ower Repair - Red-man Industries 31-E-40 9.97 mores Whole Lot E • T ' � • Lot .. .* - � .�C « � . .. " Pettiford & Pennix Sezv .c4 " 31-8.9 .. • .1 acre • . '. whole ' Stat:on R BfInd+Milling Cos �1��3� Z'a�oxo� . ' , ' • 3 aa. $W ,2759, W 09 S-'A& X004 Z - -I . Of� S�i, Ma1� 34 5 Less than � a+cEa Whols.trot. ta"aC Z a Z} C !sr�u ac uxir�g 34 - 8 3.25 acres, •• I Act 150, x 300' Orange Nos iory. mill 36-A-2 ' Lass than. 3, gore whole Xai~. . ' � • x � R Rid Saxe Am ation House ' 36-'A«3# ' ath 3a R 1 C * 5 V4'n'a 'i arm 5eM doe 8p[4-8 ,ft acre wt ' #+ar►iry Ccnio B�xO 3 �0, � �f3 �ax� '� �� '' ' r �� ".3 � _ - , - ORANGE COUNTY PLANNING DEPARTMENT . " RILLSBOROUGE . NORM CAfOLINA. - 27278 S • .+•`• It . ,a __ _ • a = . �� •. . .•.tot OVA . • MEMORANDUM • . : TO: ORANGE COUNTY " PLANNING BOARD . FROM: MARVIN COLLINS, PLANNING DIRECTOR LL • DATE: AUGUST 13, 1986 - - SUBJECT: •Z-8-86 . R.B. , BARLOW, JR. AND ROBERT FAiRCLOTH . :E1 11N1±ORMAT„LON . • 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. east - , R--1 with single-family residences. V g . West - R-1 with vacant, wooded land, mobile . • . home park and single-family residences. . V 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 Resldentlal 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 welt and• septic tanks. ' Lot 11 is also subject, to the requirements of the Protected Watershed overlay zoning district. 7, • . • . , . 6.13.1 General Applicability 117 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 Primeipal Use, shall comply with all of the performance standards herein set forth for the district involved. These perfor- mance standards shall apply only in. commexcial 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 - -- • ed Compliance : Non-Conformin- Situations ' • Wieh4n 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 - The following performance standard shall be supplementaee 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 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 (inclueing 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, El 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 imeediate space occupied by that use. 6-15 ee . , . , . • • • b) Tabel A below establishes the maximum permissible noise - i . 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. 1 ' 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 . levelsomary according to the zoning of the lot adjacent to the lot on which the use is located. • . . . _. . .. • . . . - , TABLE A • • . . . . * Maectlamm Permitted Sound Levels dB(A) . , . . . . • . . . . • • . . ., . . . (re: 0.0002 MicrObar) • . . . Zoning of Lot . Zoning of Adjacent Lot . . . Residential or PD Commercial industrial • • • . , - . 7:00 am. . 7:00 pm - ' 700 am'.1.1.00am .77:00 . . . • . ' 7:00 pm . 7:00 are . 7:00 pm 7010pe 7:00 . . . , • . • . . , . NC-2, 1-2 • • . 50 - • 45, .. 50 . 55 . - . SO . et' . . ^;* ' .CC-3, GC-4, EC-5 - , SO 45 . 55 60 65 , • 70 •'.• 1-3 and AS . . • , . . . . . . . . • . NOTE A: . . . . NOTE ' . , . • . . . . ' . 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, construe- . , . 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 4-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. . . . . . . e • 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 10dbA 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 em . . . . . - . . , . . , . . . . . . ' . , . . . . . . • 6-16 . , • ' . . _ • Prior to terminatic n the following limitations shall appiyg, ' a) There shall be no enlargement, incresed intensification or alterations to the use, its permanent structure or both. b) If the use teases for more than ninety days or a total cf 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-Conform. Uses of Ma'or Structures, Or Structures and Pr es is Combination • Non-conforming use of structures with a value higher t ian .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 located, except as .provided in b) below. ' b) A non-conforming use may be extended through portions of a bniletttg manifestly arranged or intended for such use, but not otherwise, and shall not extend to occupy land outside such building ng 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 exceid the-number existing at the time that the mobile park became non-conforming. . Amended 7/1/85 . - e) Individual mobile homes not located within mobile home parks may be replaced with other individual mobile homes or dwelling units. 11 .10' Structures, Other Than Si .ns -"' ��'' ' ` 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 . .14e Collins responded that the size of the tract and - the potential for development and traffic gener= ation were concerns of staff. Collins continued that the letter from DEM added to the concerns for potential for impacts with the development of the • site, particularly if the major part is to be • developed for the paving company . Yuhasz inquired if the traffic impacts from this property would •be any greater ' than that from the adjoining properties currently - - zoned . GC-4.. Collins responded that they may be lesser than or greater than but there is little that can be done about those tracts already zoned GC-4. • Pi lkey inquired about the 30 * buffer. Embree • responded that a landscaping plan has been submit- . ted and approval has been given . Rost of the area will be re-seeded and trees pianted according to the landscaping plan . He noted .that the planting - will be done when it rains. - Margison inquired about drainage fields: Embree responded that the existing system has been • approved by the Orange County Health Department. He continued that no activity could take place on the tract until such time as the retention basin is in place and a permit is issued from DEM. Marshall inquired about the additional permits Embree had referenced and the landscaping plan. Embree responded that the property was within the Major Transportation Corridor. b . Z-8-86 ' ROBERT FA I RCLOTH AND R. B. BARLOW* JR. • (CONTINUED FROM 8-25-86) Presentation by Collins. - This agenda item is to receive public comment on a proposed . rezoning request for the property of R.B. Barlow, Jr. and Robert Faircioth to correct an error in the Zoning Atlas. The Planning Department initiated the request following a complaint about the nature of the use (auto repair shop ) on Lot t 1. of Tax Map 30 in Cheeks Township . An adjoining lot, Lot 110,E was incorrectly designated Existing Commercial (EC-5) at the time Cheeks Township was zoned (October 1, 1984) . • • - Lot 10 is a vacant, wooded tot and is 0.98 acres (42,511 square feet) in size . Lot ' 11 is 0.72 14 PAGE 4 acres (31 , 188 square feet) in size and contains five (5 ) buildings - a 26 'x28 ' residence, store building, trailer, 9 'x13 ' shed and a 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 tots 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) . Approval of the request would correct an error in the Zoning Atlas made at the time Cheeks Township was zoned. A complaint 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 opera- tion, and travel safety since cars are parked within the right-of-way of Highway 70. The 11984 traffic count on US Highway 70 was 5,700 trips per day . Article 6 . 14 .2 of the Zoning Ordinance sets performance standards in regard to permitted noise levels. For properties zoned EC 5, noise levels cannot exceed 50 decibels between 7:00 a .m. and 7:00 p.m. or 45 decibels between 7:00 p .m. and 7: 00 a.m. For purposes of comparison, the noise level on a busy urban sfreet is 90 decibels, while an accelerating motorcycle is rated at 110 decibels . The racing of automobile engines on 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. 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 . Mon-residential uses on that site would become nonconforming and subject to the provisions of Article' 11 .9 . Basically, that use would be allowed to remain and continue to operate as a non-conforming use as long as it did not PAGE 5 cease to exist for a period of more than six months. if it were replaced with another use, that use would have to be one that is permitted in the R-1 district. Due to the nature of the complaints and the current use of the property, staff feels that this would be the best tong-range solution . . Commissioner Carey inquired if there had been complaints about the EC-5 tracts across the street. Collins responded no. Robert Faircloth, owner of the property in ques- • tion indicated he had talked with the operators of auto repair shop and had stressed to them that the noise must cease or he would have to ask them to vacate the premises . Bob Snyder, owner of the adjacent property stated that he had not seen any reduction in activity and. the noise had not decreased. . Yuhasz inquired if there were performance stand- ards for non-conforming uses as related to noise. Gledhill , County Attorney, responded that there are no noise standards for residential develop- ments in the Zoning Ordinance. Collins stated there is a Noise Ordinance which could be enforced in this situation .. Bob Snyder, owner of property across the street from the Faircloth property Mot #11 ) . He stated that the operators work on domestic vehicles as well as race cars . He noted that he filed a complaint with the Orange County Planning Depart- ment on August 7, 1986 with.• Gene Bell . He read from the original complaint noting traffic hazards created by autos being parked on the right-of-way on either side of the road as well as excessive noise during and after business hours. He noted that much of the work was done on race car engines which have no mufflers which would reduce the the noise to an acceptable level . Numerous requests have been made of the garage operators to stop or at least decrease the volume of noise generated after regular working hours with no success. He noted that complaints have been filed over the last twenty months with the Sheriff 's Department . - When the deputies leave the site, the noise level increases rather than decreases . Deputies have also informed Mr . Snyder that there are no ordinances which they can enforce to stop the noise at any time . Mr . Snyder disagreed; there are ordinances which, when enforced , can stop the noise . He urged the Board of County Commissioners to determine the accuracy of wording and the validity of application of the ordinance to the above mentioned garage . The following petition 14i PAGE 6 was read by Mr . Snyder: "We the property owners and interested parties hereby petition you, the Board of Commissioners •to • not allow the error in zoning to invalidate any applicable ordinance or affect the enforcement thereof based solely on the technicality of such and not to allow any change in the zoning status. of 3.3011 regardless of how or when it was zoned without, first making a thorough inspection of the premises and all pertinent facts and making a determination as to the suitability of subject property for any use as provided in all applicable ordinances ." Snyder continued that the disturbance from this property began in January 1965 and has caused unnecessary hardships and much mental anguish . He asked that the Board of Commissioners to administer and enforce all applicable . ordinances • fairly to all interested parties . Yuhasz inquired what use was on the property 'in 1984. Snyder responded that Mr . and Mrs. Tyndall operated a smell . and, gas station prior to their deaths in 1983. Between 1983 and January 1985: a small engine repair shop was on the site. Joe Atwell , resident directly. across the street from the garage, commented that even though Mr . Faircloth may have talked to the operators of the garage, the problem has not been corrected. • Mr. Farrcioth stated that he desired to see the zoning error corrected to EC-5 but if the problem • continues he will ask the tenants to vacate the garage . AGENDA ITEM #2: LAND USE PLAN AMENDMENTS a . INVENTORY OF SITES OF CULTURAL . . .AND GEOLOGICAL • - SIGNIFICANCE (CONTINUED FROM 6-25-86,) Presentation by Torgan . This agenda item is to receive public comment on proposed text' amendments to the Land Use Plan. -Orange County contains many sites of cultural , historical , recreational , biologicat and geologi- . cat • significance. Section 1V-B-2, LAPd ability , ' of the Subdivision Regulations contains a mandate to the Planning Board to consider the 14 DRAFT JOINT PUBLIC HEARING PAGE 9 b. Z-8-86 ROBERT FAIRCLOTH AND R. B. BARLOW, JR. (CONTINUED FROM 8-25-86) Presentation by Collins. This agenda item is 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. 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 a 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) . Approval of the request would correct an error in the Zoning Atlas made at the time Cheeks Township was zoned. A complaint 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 opera- tion. 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 sets performance standards in regard to permitted noise levels. For properties zoned EC 5. noise levels cannot exceed 50 decibels between 7:00 a.m. and 7:00 p.m. or 45 decibels between 7:00 p.m. and 14c. DRAFT JOINT PUBLIC HEARING PAGE 10 7:00 a.m. 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 on 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. 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. Non-residential uses on that site would become nonconforming and subject to the provisions of Article 11.9. Basically, that use would be allowed to remain and continue to operate as a non-conforming use as long as it did not cease to exist for a period of more than six months. If it were replaced with another use, that use would have to be one that is permitted in the R-1 district. Due to the nature of the complaints and the current use of the property, staff feels that this would be the best long-range solution. Commissioner Carey inquired if there had been complaints about the EC-5 tracts across the street. Collins responded no. Robert Faircloth, owner of the property in ques- tion. indicated he had talked with the operators of auto repair shop and had stressed to them that the noise must cease or he would have to ask them to vacate the premises. Bob Snyder. owner of the adjacent property stated that he had not seen any reduction in activity and the noise had not decreased. Yuhasz inquired if there were performance stand- ards for non-conforming uses as related to noise. Gledhill, County Attorney. responded that there are no noise standards for residential develop- ments in the Zoning Ordinance. Collins stated there is a Noise Ordinance which could be enforced in this situation. Bob Snyder, owner of property across the street 141: DRAFT JOINT PUBLIC HEARING PAGE 11 from the Faircioth property (Lot #11) . He stated that the operators work on domestic vehicles as well as race cars. He noted that he filed a complaint with the Orange County Planning Depart- ment on August 7, 1986 with Gene Bell. He read from the original complaint noting traffic hazards created by autos being parked on the right-of-way on either side of the road as well as excessive noise during and after business hours. He noted that much of the work was done on race car engines which have no mufflers which would reduce the the noise to an acceptable level. Numerous requests have been made of the garage operators to stop or at least decrease the volume of noise generated after regular working hours with no success. He noted that complaints have been filed over the last twenty months with the Sheriff' s Department. When the deputies leave the site, the noise level increases rather than decreases. Deputies have also informed Mr. Snyder that there are no ordinances which they can enforce to stop the noise at any time. Mr. Snyder disagreed; there are ordinances which, when enforced, can stop the noise. He urged the Board of County Commissioners to determine the accuracy of wording and the validity of application of the ordinance to the above mentioned garage. The following petition was read by Mr. Snyder: "We the property owners and interested parties hereby petition your the Board of Commissioners to not allow the error in zoning to invalidate any applicable ordinance or affect the enforcement thereof based solely on the technicality of such and not to allow any change in the zoning status of 3 .3011 regardless of how or when it was zoned without first making a thorough inspection of the premises and all pertinent facts and making a determination as to the suitability of subject property for any use as provided in all applicable ordinances." Snyder continued that the disturbance from this property began in January 1985 and has caused unnecessary hardships and much mental anguish. He asked that the Board of Commissioners to administer and enforce all applicable ordinances fairly to all interested parties. Yuhasz inquired what use was on the property in 1984. Snyder responded that Mr. and Mrs. Tyndall operated a small grocery and gas station prior to their deaths in 1983. Between 1983 and January 1985, a small engine repair shop was on the site. 151 DRAFT JOINT PUBLIC HEARING PAGE 12 Joe Atwell, resident directly across the street from the garage, commented that even though Mr. Faircloth may have talked to the operators of the garage, the problem has not been corrected. Mr. Faircloth stated that he desired to see the zoning error corrected to EC-5 but if the problem continues he will ask the tenants to vacate the garage. AGENDA ITEM #2: LAND USE PLAN AMENDMENTS a. INVENTORY OF SITES OF CUL 'URAL. . .AND GEOLOGICAL SIGNIFICANCE (CONTINUED FRO,. 8-25-86) Presentation by Torgan. This agenda item is to receive public comment on proposed text allendmen - to the Land Use Plan. Orange County 6Iont- ns many sites of cultural, historical, recreW,nal, biological and geologi- cal significance. Section IV-B-2, 1n4 Suit- ability of the bdivision Regulations contains a mandate to th. anning Board to consider the overall design of a subdivision in light of the suitability oT the and for development. Land suitability i ludes - investigation of historic sites and un' .ue natural areas. Although informa- tion has bee available through a variety of local and State aencies, it -s never been compiled in one source making it d . ficult for the Planning Department and the Planning Board to adequately assess t. - impact of subdi ision proposals on such resourc.- . Furthermore, s milar mandates are not presen in the Zoning Ordin,nce. In Ma of 1986, an inventor of cultural, histori- cal, recreational, biolog cal and geological significance was completed. Incorporation of the document into the Land Use Plan represents an important first step in ins ring the protection and/or preservation of significant natural and cultural resources. If appr.ved, specific mecha- nisms such as incentive zon ng, density tranfers and cluster development can be developed and/or utilized through which to achieve this goal. In addition, public and private agencies and organi- zations can be contacted for assistance in main- taining and managing significant areas. DRAFT PBM MINUTES PAGE 20 VOTE: Unanimous. • (2) Off-Street Parking (Handicapped Parking Facilities). • Presentation by Collins. The pro 'sions related/to handicapped parking facilities stem from concern that no require- ments f• such fac- ities exist in the Zoning Ordinance If pro ided. handicapped parking can • only be retuired .resently through conditions of approval actach.; to subdivisions and planned development- . - d through application of State Building C. .e equirements. MOTION: Pilkey move. =pproval. Seconded by Best.. • VOTE: Unanimous. • b. Zoning Alas Ame dments, (1) Z-7 86 Allen ..nd Doris' Turner Presen ,tion by Co ' ins. . This a,enda item is to' consider , the rezoning reques submitted by len and Doris Turner for recommendation to the Board of Commissioners. This item was submitted to public hearing August • 25, September 16 and Oct. .er 6r 1986. Planning Staff recommends venial with resubmis- sion as Planned Development MOTION: Pilkey moved approval of St .ff's recommendation. Seconded by Best. • Yuhasz noted that he. had not heard any informa- tion that should cause the use of this tract to be more restrictive than the property adjoining. • VOTE: S 7 in favor. 4 opposed. (2) Z-8-86 R. B. Barlow. Jr. and Robert Fair- cloth Presentation by Collins. This agenda item is to consider the rezoning request of R. B. Barlow, Jr. and Robert Fair- • - - a 2IL DRAFT PBM MINUTES PAGE 21 cloth for recommendation to the Board of Commissioners. This item was submitted ' to public hearing on August 25. September 16 and D R A October 6. 1986 . 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 10r was incorrectly designated Existing Commercial (EC-5) at the time Cheeks Township was zoned (October 1. 1984) . 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. Non-residential uses on that site would become nonconforming and subject to the provisions of Article 11.9. MOTION: Shanklin moved approval. Seconded by' Best.• VOTE: 8 in favor. 3 opposed. c. Land Use Plan Amendment - Inventory of Cultural- . . .Ge. ogical Sites Present- ion by Collins. This agen. , item is t. consider proposed text amendments o the Land se Plan for recommenda- tion to the :oard of 'ommissioners. This item w. s sue ' itted to public hearing on August 25 . Sep em' -r 25 and October 6. 1986. Planning Staff recommends 'approval of the amendment to t' - text and incorporation of inventory as .ppe dix to the Land Use Plan. MOTION: Pilkey move. appro ;1. of Staff's recommendation. Seconded b Kramer. VOTE: Unanimous d. Propose. Subdivision R- .ulations Text Amendments Presen -ation by Collins. This agenda item is to onsider proposed text amen ments to the Subdi • *sion Regulations for rec mmendation to the Board of Commissioners. O R A N G E C O U N T Y BOARD OF COMMISSIONERS 15c! ACTION AGENDA ITEM ABSTRACT Meeting Date November 3, 1966_ Action S�a�da Item .L.L SUBJECT: LAND USE PLAN AMENDMENT - INVENTORY OF CULTURAL , HISTORICAL , RECREATIONAL , BIOLOGICAL AND GEOLOGICAL RESOURCES DEPARTMENT: PLANNING PUBLIC HEARING Yes X - No Attachment( s) Information Contact: MARVIN COLLINS Proposed Text Changes to Pages 2.2-6 and 2.2-7; Existing Text. 10-6-86 Public Hearing Minutes . Draft 10-20-86 Planning Board Minutes Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE : To consider proposed text amendments to the Land Use Plan for recommendation to the Board of Commissioners . To receive the Planning Board recommendation . This item was submitted to public hearing on August 25, September 16 and October 6, 1986 . NEED: Orange County contains many sites of cultural , historical , recreational , biological and geological significance. Section IV-B-2, Land_ _3yit�bili y , 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 1 5 di 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. 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 • Un i eue aDii Exemplary Natural Areas i ` 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.n' Natural areas can be broken down further into additional ciassifications: o 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 . o Plant Communities -- sites whose forest canopy, understory, and herb/vegetation layer is either 'unique or of a particularly high quality. ° ' 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• 1-hose characteristics that make, the site biologically or geologically important. This may Include regulatory measures to insure protection or preservation of those features. Historic Sites 0 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.. .15t- 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 , Btological , -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 - . , . . , . , . • , • - • - , , . . -', 1974. North Carolina Department of Natural and Economic Resources, Division of Parks and Recreation . - . . . _ A . . , . . - ,� . - , ,. , . , 208 Project _ Inventory of Existing Uses . P. IV Gl . 1976, Triangle J Council of Governments . -- - - 2 Ciassificafications of endangered, threatened, and special species according to Endangered and Zhreath.ned, Plants and , ft - e 1. • - . , - , 1977 . 'North Carolina Museum of Natural History. • Thi:s aianws the ET...nwel public to know in a broad mariner what types 6 developmmt are suitable for certain uses, including septe tanks, faun- . d.aticns roads and pr iu•- agricultural land. The soil suitability c.lassi. • ficatiori system identifies the constraints posed by the various categorie..4- Group la and 1 - well suited for most urban uses • • Group 2a and 2c - suited for most urban uses with precsazt ions Group 3 erosion potential • . • . • * Group k and 5 plastic subsoil • • Group 8 — shallowness. to bedrock• • Group 9.— steep slopes. • - • . • Grotzp 10 - flooding ' • thiaue Natural Areas • CertEdz''. areas possess unique natural characteristics thick are coraidered- valliable,_ although nob necessarily in an economic sense. Data a natural • areas gathered by the Triangle 3 Council of Governments as part of the 201 study' for the region defined a natural area as "anY space -acntalz-drS • an iumus -,ue2,or exemplary biological habitat,. geologic feature at. hydrologic location.."-4 • Oran V County- the fo110rIng utriqu.e natural areas,:zroraryz-others,_ have • be identified by the- iangle J study:. • '.Bald Mountain - located. between Old. Hillsbezvggi. fiload (SR 1009 and Urdon Grove aaurch Road (SR 113i.) in ChapelEfU1 Tom-whip. The • site is located in Duke Forest.. o - *Blackwood lybuntain - located in Chapel F111 Township east of Old Hillsborough Road (SR. 3009) within Duke Forest, .0 -Duke Forest Natural, Area - this is a 151 acre site within the- . Irorstian Division of Duke Forest located on LC. 86 north. of •Turkey Fax Road (SR 1730) in Chapel Hill Tannship.. o Norm' Creek Bluff - this site near University Lake Dam in unapel • " Hill Township =tains two north facing bluffs as wel3. as titer- esting flora. • - • o Occorieece Mourrtain - the mountain is located in Ifillsborough Township between 1-85 and the Eno River. section known as Panthers Den is of special geologic and botanical iznportance. 1Soureet.' -Southern ds.* 'Mottitain 'Resources lianatzew..nt Plan. ol.. 2a. 97 , North Carol:stia-DepartratTxt of Liatural and •• • . Ecc:promic resources, Division of Parks and Recreation. Arealater Quality 114anagerrent Planning-. 208 Project- Inventory of E:d.,5--E"---7jses:ng P. W Gl. 1976. Triangle Council. of C-overnrcents. - . BezTthein aqact this 90 'acre tract is part of the Rao River State Park and is located. bettvem, 1-85' and Willet Road. (SR 1568) --- 15c in Eno Township. - J. o tri.iversity take. the Lake ard land immediately surrounding it , - are owned by the University of North Carolina. It is a rela- tively undisturbed area that contains interesting flora. /1171.s area is in Chanel HILL Township- • presaice of UniqUe• natural, features in Oran w County suwasts tat= special efforts' should be mr-1-.- to managp these areas so as to conserve and. protect their natural characteristics. • Historic Sites • Althnugb. historic sites are part of the man-made environment and not natural features, they require SiTrrilaT' treatment to the unique natural • features aid deserve ccnsideratzLon in this section. Orange Comity is an area rich in history. Ile- Chapel Hill Historic District and. the Hillsborough historic District are both on the National RegLster- of Historic. Places.. Outside of these built-up areas tbe . - County contains one privately owned lx2re which is on the. Nattonat . • Register.. It is Itorefields r the former home of Alfred Moore, Suprerm Court justi=. It was built in 1785 as his summer house end is - • located. In Cheeks Tawnship on Din:Docks Mill Road (SR 11311). In additions, there are aver a dozan sites in the County which have-been • Mortified. by the State of North Carolina as places of histomto interest but which. are not yet an the National Historic. Resister. • _ PLAN LNITEMPRF=ON ( To facilitate the land use decision-making- process in which eavinraire.rxtal - features core into play, it is usefUl to divide such features Into two • categories: critical features and sensitive features. Critical features me those which can tolerate only minima Intnibdxri. • by mates activities either because of their fragile nature or beebuse they are hazardous to people and. dev•elopjaent. Of the envinimerstal features discussed,. the 100-year Headway the unique natural areas and the historic sites sem to meet this criteria. • • Sensitive features are somewhat more tolerant of Intrusion and alter- ation. They may require special developmert restrictions or design • standards to insure that the ctrimental effects of development are adned and/or. that problematic environmental conditions are - adequately consideriad to reasonably assure good developmnt practices _ and.results . This categor7 covers most of the environmental features. •• Combinations of sensitive features may warrant designation as a critical_ feature.: LL-cisions are necessary to determine if such features dine • (-0 in an hdc-t tive wanner which significantly compounds the negative irtracts of improper development activities. Such gray areas require caxeflil • emotion and analysis. 2.2-7 .. , . . , . • . . . . . . , . . • , . . • , . • . . ,. . * PAGE 6- . . . , • • • .15:: . . was read by Mr . Snyder: . . . . . . • P., "Pie the property owners and.: Interested parties Ir1KIE\ hereby petition you , the Board of Commissioners, to not allow the error in zoning io invalidate. any . • . applicable ordinance or affect the enforcement , . thereof based solely on the technicality of such . . . • - • and not to allow any change in the -zoning status .. . , . . . of 3.3011 regardless of how 'or when it was zoned . . . without first making a thorough inspection of the • . . . premises and all pertinent facts and making a ' . . determination as to - the suitability of subject property for any use as. provided In -all applicable :- ordinances." . . . . . . , . • Snyder continued that the disturbance from this ' . property began in January 1985 and has caused . , . • . unnecessary hardships and much mental anguish. • • - He asked that the Board of .Commissioners . to administer and enforce all applicable ordinances . . . , . • fairly to all interested parties. . . .. . - . . . Yuhasz inquired. what use was on the property in . . ., • . . - . 1984. Snyder responded - that Mr . and Mrs. Tyndall . operated a small . grocery and gas station prior to . . . . . • . their deaths in 1983. Between 1963 - and January • • . 1985, a small engine repair shop was on the site. . . . . - . • . . . -, • Joe Atwell , resident directly - across the street . . . . from the garage, commented -that . even though Pr . . . . . -. . Faircloth may have talked to the. 'operators of- the . . garage, the problem hes not been corrected. , . . . . Mr . Faircloth stated that be desired to see the . zoning error corrected to EC-5 but if vie probtem . .. : S continues he will ask the tenants to vacate the . . garage. ., . . . ' . • . . . . . . . . . . • . . . • . . ! . .. . _ . . . _ • . , . . AGENDA ITEM #2: LAND USE PLAN AMENDMENTS . . .. . . • • . . a. INVENTORY OF SITES *OF CULTURAL. . .AND GEOLOGICAL • . • . , SIGNIFICANCE (CONTINUED FROM 8-25-86) . , - . . • . . . . . Presentation by Torgan . . . . . . * This agenda item is to receive public comment on . . . • • proposed text amendments to the Land Use Plan. . . . . . Orange County contains many sites of cultural, . • • • . historical : recreational : biological and geologl- • cal significance. • Section IV-B-2, LAsf_lutt..7., . ability , of the Subdivision Regulations contains • • - a mandate to the Planning Board to consider the , . . . . • . . . . . . . 1J PAGE 7 ' • 161, overall design of a subdivision in light of the suitability of the land for development. Land suitability includes an investigation of historic sites and unique natural areas . Although, informa- tion 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 Planning Board to adequately , • assess the impact of subdivision proposals on such resources . Furthermore, similar mandates are not • present in the Zoning Ordinance , In May of 1986, an Inventory of cultural , histori- cal , recreational , biological end 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 mocha nisms such as incentive zoning, density tranfers and cluster development can be developed and/or utilized through which to achieve this goal . ' In addition, public and private agencies and organi- . zations can be contacted for assistance in main- taining and managing significant areas . As development pressures mount in Orange County, protection of sensitive areas becomes even more critical than In the past . A stable and varied natural environment, along with an appreciation of historical , cultural , and community resources are essential to a healthy society. Current develop- ment patterns in the triangle suggest that the natural environment is part of the high quality of life which attracts new development and residents. The County has already stated some commitment to the protection of significant natural resources through policy statements and the identification of some natural areas in the Land Use Plan, Floodway and Strearnway Building Regulations, and. Public Interest District Zoning . In the face of rapid growth, however, commitment to protection, and the potential levels of protection need to be expanded. Current definitions of sites significant to the natural and 'physical environment, along with rationales for protection, are deficient when confronted by a doubling of the County 's pcpula- tion in the next 20-30 years . Additronally no comprehensive data base of sites important to the natural and physical environment exists. . This proposed • ext amendment and accompenying .appendix are designed to remedy that situalIon . Currently, the Land Use Plan speaks primarily to the protection of large public and quasi-public . . . . . . • ... . . . . . 1 . . • ' ..itc_i • ' . . . . . . . . . PAGE 8 . . . . . . . . , . . , holdings * such as Eno River State Park and Duke Forest . A recognition of the need for protection . . , on large : private holdings or small sites of . . biological significance is much less evident, even . . though the Triangle Land Conservancy and N.C. [ Natural Heritage Program have identified over two • dozen such sites in Orange County that are home to endangered or threatened species and exemplary . , . . . . - • geologic formations*. The County also has no • record of private lands placed in -reserve for • • wildlife generation ( such as wildlife renew areas 'or the Continental Timberlands site in Bingham . . ,Township ) or passive recreation (such as hiking . . .. . trails in the Morgan Creek easements) . . . . . As for man-made additions to the environment, the • . . . . • Land Use Plan speaks only to the protection of • • state or federally registered historic buildings . . . . • •• and archeological sites, -ignoring literally , . hundreds of other sites important to the history. . . . . : . and culture of Orange County. ,": . • , . . . . . . . • • • . ., . . Cemeteries, which as a group are currently . un- . • . . . : . . . recognized in the Land Use Plan, offer a wealth of . . - . historicei data . on county , resident ' and. early . . history : For early county residents it may- be the , . . : only. record as vital • records registration. was not . . . . . . ' mandated until this century . State law offers . . • . some protection from desecration ' but the laws -[ cannot be enforced if locations are not recorded. . . . . . . . . . . . • .. . .. . • • . . , The intent of establishing ' cemeteries in the land . . . Use Plan as historicallysignificent sites is not-, . to 'preserve them at all costs - Rather, [ it seeks - - , to . prevent past abuses, the using of gravesites . . and dumping grounds for building construction or • - . , . plowing under without recordation Of the site . it • • • . asks that the integrity - . the County 's came- teries, many of which date back to the 17001s, be .: [ . . . . . respected and , if authority of law exists to . . . . disinter, that its data be fully recorded. . , .. . • . . . .. Sites of historical sisnificAre 15 also broadened . . . . . . to encompass 'more than buildings ' and cemeteries. . . . . . . • It includes dams, functional or destroyed but . • , - . still evident, at mill sites that once. provided - . • . for the economic well -being of the Ccurty . it ' • also includes sites of commemorative markers . , . . either placed by the state (such as that identify- - . . ing the site of the hanging of the regulator . . . leaders) or by private citizens , such as that .. . . memoralizing the site of the cid Elm Grove School in northern Chapel Hill Township . . . . . . . . , . . . . Churches and • rural communrty centers , including . .. . . . . . recreational sites, should be acknowledged in the • - Land Use Plan as impertant to the County and its . , . .. • . . planning process . Their existence Imparts a' , . . , . . . -- . r___ PAGE 9 ib4. cohesion and identity to rural communities . Even - . though the church buildings may be new and not of historical value, the sane is not true of the communities end conefegation, some of which have already celebrated their bicentennial . . . The majority of material within the appendix was taken from current registries provided- by state agencies including the Division of Archives and Histor-y and Archeology branch of the Department of Cultural Resources, the N.C. Wildlife Commission , and the N .C. Natural Heritage Program. The inclusion of cther data, especially that concern- ing cemeteries and mill sites, required extensive fieldwork and relied upon every available source for clues, from 90 year-old maps and minutes of Baptist Association meetings to handwritten fieldnotes of members on the Chapel Hill Histort- cal Society which ere cori file in the Registrar of_ Deeds Office. One note as to entries—the entries for arche- ological sites are as cryptic as they are because the Archeology Branch has asked that they be presented that way . Although c_oiplete data on sites, including location, is now on file in the Planning DepartmE:r:i ; ' her u = e fear that public disclosure of exact locations will invite disrup- tion of the sites . New measures of protection that may arise from this work will depend entirely on whether any new protection beyond the status quo is warranted . Potential measures could range from Zoning Ordi- nance amendments to simply informing a state agency responsible for a particular site's pro- tection that development Is proposed for that site to no new measures at all . What new measures or simply new etpereriess that might arise from this work stems from its basic premise, Orange County's niter°<, i hEr itege should not be compromised, its cultural heritage not forgotten . Planning Staff recommends approval of amendment to the text and incorporation of ' inventory as appendix to the Land Use Plan . . Commissioner Marshall noted this was an impressive study and one which r+res needed tut gtestioned, under the religious area of the study, if Black Baptist was a specific denomination . Torgan responded that the document he had to work with was the Orange County Cirectory which was ,put together in 1952. and that directory made the distinction beiweep t'i ile southern ' Baptist Churches and Black Baptist Churhes . Marshall suggested that this not be listed as if it were a denomination . ' . . PAGE 10 • 'tic Planning _ Board member Hubbard inquired if this were a final inven101y or :t it t.ere to be updated • periodically.. • . Torgan responded it would • be • updated as more inforr'atlon iik:rsr� et bwsiiale_ • Commissioner Walker stated that a ' sfudy had been done fairly recently and that a. copy of this study should help considerably. ' Jo Barbour indicated that a Mrs. ingstrom< had • information that shauid be. iricot'poreted in the . study. Torgan responded that those- notes prepared ,by_ airs. ingstrom are reportedly mi'ssirs. • • Pearson Stewart, Triangle - Land • Conservancy, encouraged the Boards to ar.ead the Land Use Plan to include this . inventory and supported.. . the • ' suggestion to .continually update the inventory as. - more i n format i on becomes available., DRAFT ITEM #3: ZONING ORDINANCE TEXT AMENDMENTS . • ' a. Article 10 Off-Street Parking and Loading (Conlin- . ued from 8-25-86) Handicapped Parking Facilities Presentation by Collins. . . • . N0 requirement exists I n the Zoning Ordinance for the provision of handicapped parking facilities. - such - facilities are currently provided through the attach- . ment of conditions of approval on subdivision plats, 1 planned . developments and special •. use permit's, or _ through the application of the NC Slate Building Code requirements. • ; . '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) hndicapped 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 NC State Building Code currentiy requires one (1 )- handicapped parking space in each 50 standard spaces but recommends twice that amount. Planning Staff recommends approval of the amendment. . There were no comments or quest-Tons. ltiq DRAFT JOINT PUBLIC HEARING PAGE 12 Joe Atwell, resident directly across the street from the garager commented that even though Mr. Faircloth may have talked to the operators of the garage, the problem has not been corrected. Mr. Faircloth stated that he desired to see the zoning error corrected to EC-5 but if the problem continues he will ask the tenants to vacate the garage. GENDA ITEM #2: LAND USE PLAN AMENDMENTS a. INVENTORY OF SITES OF CULTURAL. . .AND GEOLOGICAL SIGNIFICANCE (CONTINUED FROM 8-25-86) 0 Presentation by Torgan. This agenda item is to receive public comment on proposed text amendments to the Land Use Plan. Orange County contains many sites of cultural, historical, recreational, biological and geologi- cal significance. Section IV-B-2, Land Suit- ability , of the Subdivision Regulations contains a mandate to the Planning Board to consider the overall design of a subdivision in light of the suitability of the land for development. Land suitability includes an investigation of historic sites and unique natural areas. Although informa- tion has been available through a variety of local and State agencies it has never been compiled in one sources making it difficult for the Planning Department and the Planning Board to adequately assess the impact of subdivision proposals on such resources. Furthermore, similar mandates are not present in the Zoning Ordinance. In May of 1986, an inventory of cultural, histori- cal, recreational, 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 mecha- nisms such as incentive zoning density tranfers and cluster development can be developed and/or utilized through which to achieve this goal. In addition, public and private agencies and organi- zations can be contacted for assistance in main- taining and managing significant areas. DRAFT JOINT PUBLIC HEARING PAGE 13 As development pressures mount in Orange County► rvr protection of sensitive areas becomes even more critical than in the past. A stable and varied along environment. g with an appreciation of historical. cultural, and community resources are essential to a healthy society. Current develop- ment patterns in the triangle suggest that the natural environment is part of the high quality of life which attracts new development and residents. The County has already stated some commitment to the protection of significant natural resources through policy statements and the identification of some natural areas in the Land Use Plan. Floodway and Streamway Building Regulations, and Public Interest District Zoning. In the face of rapid growth, however, commitment to protection. and the potential levels of protection need to be expanded. Current definitions of sites significant to the natural and physical environment. along with rationales for protection, are deficient when confronted by a doubling of the County's popula- tion in the next 20-30 years. Additionally no comprehensive data base of sites important to the natural and physical environment exists. This proposed text amendment and accompanying appendix are designed to remedy that situation. Currently, the Land Use Plan speaks primarily to the protection of large public and quasi-public holdings such as Eno River State Park and Duke Forest. A recognition of the need for protection on large private holdings or small sites of biological significance is much less evident, even though the Triangle Land Conservancy and N.C. Natural Heritage Program have identified over two dozen such sites in Orange County that are home to endangered or threatened species and exemplary geologic formations. The County also has no record of private lands placed in reserve for wildlife generation (such as wildlife renew areas or the Continental Timberlands site in Bingham Township) or passive recreation (such as hiking trails in the Morgan Creek easements) . As for man-made additions to the environment, the Land Use Plan speaks only to the protection of state or federally registered historic buildings and archeological sites. ignoring literally hundreds of other sites important to the history and culture of Orange County. DRAFT JOINT PUBLIC HEARING PAGE 14 Cemeteries, which as a group are currently un- recognized in the Land Use Plan, offer a wealth of historical data on county resident and early history. For early county residents it may be the F)PIN171. only record as vital records registration was not mandated until this century. State law offers some protection from desecration but the laws cannot be enforced if locations are not recorded. The intent of establishing cemeteries in the Land Use Plan as historically significant sites is not to preserve them at all costs. Rather, it seeks to prevent past abuses, the using of gravesites and dumping grounds for building construction or plowing under without recordation of the site. It asks that the integrity of the County's ceme- teries, many of which date back to the 1700 's be respected and, if authority of law exists to disinter, that its data be fully recorded. Sites of historical significance is also broadened to encompass more than buildings and cemeteries. It includes dams, functional or destroyed but still evident, at mill sites that once provided for the economic well-being of the County. It also includes sites of commemorative markers either placed by the state (such as that identify- ing the site of the hanging of the regulator leaders) or by private citizens. such as that memoralizing the site of the old Elm Grove School in northern Chapel Hill Township. Churches and rural community centers, including recreational sites. should be acknowledged in the Land Use Plan as important to the County and its planning process. Their existence imparts a cohesion and identity to rural communities. Even though the church buildings may be new and not of historical value, the same is not true of the communities and congregation. some of which have already celebrated their bicentennial. The majority of material within the appendix was taken from current registries provided by state - agencies including the Division of Archives and History and Archeology branch of the Department of Cultural Resources. the N.C. Wildlife Commission. and the N.C. Natural Heritage Program. The inclusion of other data especially that concern- ing cemeteries and mill sites, required extensive fieldwork and relied upon every available source for clues. from 90 year-old maps and minutes of Baptist Association meetings to handwritten fieldnotes of members on the Chapel Hill Histori- cal Society which are on file in the Registrar of 16 , DRAFT JOINT PUBLIC HEARING PAGE 15 Deeds Office. One note as to entries--the entries for arche- ological sites are as cryptic as they are because the Archeology Branch has asked that they be - presented that way, Although complete data on sites, including location, is now on file in the Planning Department, there is a fear that public disclosure of exact locations will invite disrup- tion of the sites. New measures of protection that may arise from this work will depend entirely on whether any new protection beyond the status quo is warranted. Potential measures could range from Zoning Ordi- nance amendments to simply informing a state agency responsible for a particular site 's pro- tection that development is proposed for that site to no new measures at all. What new measures or simply new awareness that might arise from this work stems from its basic premise, Orange County's natural heritage should not be compromised, its cultural heritage not forgotten. Planning Staff recommends approval of amendment to the text and incorporation of inventory as appendix to the Land Use Plan. Commissioner Marshall noted this was an impressive study and one which was needed but questioned, under the religious area of the study. if Black Baptist was a specific denomination. Torgan responded that the document he had to work with was the Orange County Directory which was put together in 1952 and that directory made the distinction between White Southern Baptist Churches and Black Baptist Churhes. Marshall suggested that this not be listed as if it were a denomination. Planning Board member Hubbard inquired if this were a final inventory or if it were to be updated periodically. Torgan responded it would be updated as more information becomes available. Commissioner Walker stated that a study had been done fairly recently and that a copy of this study should help considerably. Jo Barbour indicated that a Mrs. Ingstrom had information that should be incorporated in the study. Torgan responded that those notes prepared by Mrs. Ingstrom are reportedly missing. Pearson Stewart, Triangle Land Conservancy. Die DRAFT JOINT PUBLIC HEARING PAGE 16 encouraged the Boards to amend the Land Use Plan to include this inventory and supported the fl DI suggestion to continually update the inventory as t tU I more information becomes available. AGENDA ITEM #3: ZONING ORDINANCE TEXT -NDMENTS a. Arti le 10 Off-Str:et Parking and Loading (Contin- ued , rom 8-25-86) andicapped Parking Facilities Prese tation by C. lins. No req 'rement e - , sts in the Zoning Ordinance for the pro .ision of handicapped parking facilities. such fa ' lities re currently provided through the attachme t of conditions of approval on subdivisi‘n p ats, planned developments and special u-- peruits, or through the application of the NC Sta,e B ilding Code requirements. The propos=. •rdinance amendments would require handicapped - rking spaces to be a minimum of 13 feet in widt and 20 feet in length. A minimum of two (2) hnd. .-pped spaces or one (1) for every 20 standard par i g spaces would be required. Spaces must be c -a ' y marked for handicapped use and must be wi hin 00 feet of a building entrance. Curb cuts •r raps must also be provided for each space for - ccess o adjoining walkways. The NC Sate Buil. ing Code currently requires one (1) Nandi apped parking space in each 50 standard spaces b recommen's twice that amount. Plannin. Staff re ommends approval of the amendme t. There w-re no comments or questions. AGENDA ITEM #4: SUBDIVISION REGULATIONS AMENDM‘ NTS a. SECTION III-E FINAL PLAT (C)NTINUED FROM 8-25-86) MAP SHEET DIMENSIONS Presentation by Collins. • b DRAFT PBM MINUTES S PAGE 21 cloth for recommendation to the ; .ard of Commissioners. This item was s (mitted to public hearing on August 25r Se. ember 16 and October 6, 1986 . The Plannin, Department in iated the request • following a omplaint ab. .t the nature of the use (auto re.-ir shop) • Lot 11 of Tax Map 30 in - Cheeks Tow ship. adjoining lot. Lot 10, was incorrect des.-nated Existing Commercial (EC-5) at the time Cheeks Township was zoned (October 1, 1984 The Planning Dev. rtment recommends approval of the rezoning o Lit 10 from EC-5. to R-1. The Planning Depar . (en, recommends that Lot 11 be left in an R- cla-sification. Non-residential uses on that site would become nonconforming • and subjec to the • ovisions of Article 11.9. MOTION: Shankli . moved app rov- 1. Seconded by Best.S VOTE- 8 in favor. , VOTE . RA rT 3 opposed. c. Land Use Plan Amendment - Inventory of Cultural- . . .Geological Sites S . Presentation by Collins. This agenda item is to consider proposed text: amendments to the Land Use Plan for recommenda- tion to the Board of Commissioners. This item was submitted to public hearing on August 25, September 25 and October 6r 1986. Planning Staff recommends approval of the amendment to the text and incorporation of inventory as appendix to the Land Use Plan. MOTION: Pilkey moved approval of Staff's recommendation. Seconded by Kramer. • VOTE: S Unanimous. d. Proposed u. iv sion Regulations Text Amendments Presentation b Collins. This agenda i e ' is to consider proposed text amendments to th Subdivision Regulations for recommendation o t e Board of Commissioners. O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date November 1986 Action Benda Item I ,. 1 SUBJECT: PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENTS _ DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) information Contact: MARVIN COLLINS Proposed Text Amendments 10-6-86 Public Hearing Minutes Draft 10-20-86 Planning Board Minutes Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane -- 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider proposed text amendments to the Subdivision Regulations. To receive the Planning Board recommendation . This item was submitted to public hearing on August 25, September 16 and October 6, 1986. 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. 17A PROPOSED ORDINANCE AMENDMENTS ORDINANCE: SUBDIVISION REGULATIONS . REFERENCE: SECTION III - E FINAL PLAT . ORIGIN OF AMENDMENT:._X._._,STAFF PLANNING BD. BOCC PUBLIC_ _OTHER STAFF PRIORITY RECOMMENDATION: X HIGH MIDDLE LOW COMMENT: To bring the ordinance provisions into compliance with the General Statutes. 0 - 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 shall 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: £ 74 Final plats shall be drawn in water- . " proof ink on satisfactory reproduc- able material on sheets DA.,_sinaller •• - 10 • . - ; - i - t _ 21221 • u " . • , • . ft ' I t ; s • I - . ., 141 111 - f - ' • 4 - 0 When - more than one sheet Is required . ******************* ORDINANCE REVIEW COMMITTEE: PLANNING BOARD (PRELIMINARY REVIEW) : BOCC (ADVERT! SEMENT) : • • • • V,5, 7 C PAGE t 1 . AGENDA ITEM #4 SUBDIVISION REGULATIONS AMENDMENTS a. ' SECTION III -E FINAL PLAT (CONTINUED FROM 8-25-86) MAP SHEET DIMENSIONS Presentation by Collins.. This agenda item is to receive public comment on . proposed text amendments . to the Subdivision - Regulations. • 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"x11" or greater than 21"x30" . 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"x30", (b) 12"x18" or Cc) 18"x24" plate • sizes. The amendment would eliminate confusion - between the regulations/requirements administered by the • Planning Department and the Register of. Deeds and Land Records Departments. . The Planning Board recommends' approval of amend- ment. There were comments or questions. -. ITEM #5: ' ROPOS • AMENDMENTS- -INSPECTION FEE' SCHEDULE - • P esentation by Collins. . • . This agenda item is to receive public comment on proposed amendments to the 'Inspection Fee Schedule. - 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. - . . The proposed amendments would clarify the application ' . _ © fees to certain types of construction and plan . . . review/approval procedures .' - In addition, the provi- . • sion regarding "Late Fees" would be incorporated again nd all schedules containing fees ending in $.50 would. 1 7 c:: DRAFT JOINT PUBLIC HEARING PAGE 16 encouraged the Boards to amend the Land Use Plan to include this inventory and supported the suggestion to continually update the inventory as more information becomes available. AGENDA ITEM 03: ZONING ORDINANCE TEXT AMENDMENTS a. Article 10 Off-Street Parking and Loading (Contin- ued from 8-25-86) Handicapped Parking Facilities Presentation by Collins. No requirement exists in the Zoning Ordinance for the provision of handicapped parking facilities. such facilities are currently provided through the attachment of conditions of approval on subdivision platsi planned developments and special use permits, or through the application of the NC State Building Code requirements. 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) hndicapped 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 NC State Building Code currently requires one (1) handicapped parking space in each 50 standard spaces but recommends twice that amount. Planning Staff recommends approval of the amendment. There were no comments or questions. DRAFTAFT , A " AGENDA AG ITEM #4: SUBDIVISION REGULATIONS AMENDMENTS a. SECTION III-E FINAL PLAT (CONTINUED FROM 8-25-86) MAP SHEET DIMENSIONS Presentation by Collins. DRAFT JOINT PUBLIC HEARING PAGE 17 This agenda item is to receive public comment on proposed text amendments to the Subdivision Regulations. 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"xll" or greater than 21"x30" . 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"x30" . (b) 12"x18" or (c) 18"x24" plat sizes. The amendment would eliminate confusion between the regulations/requirements administered by the Planning Department and the Register of Deeds and Land Records Departments. The Planning Board recommends approval of amend- ment. There were no comments or questions. AGENDA ITEM #5: PROPOSED AMENDMENTS - INSPECTION FEE SCHEDULE Presentati• , by Collins. This agenda 'tem is t. receive public comment on proposed amendu -nts to ; `e Inspection Fee Schedule. On July 8. 1986 . -/ updated schedule of fees for planning. erosion '' control and building inspection services was ad. ,- -d by the Board of Commissioners. Since adoption th- schedule. it has become apparent that revisions " are n-cessary to clarify certain fees and other "uuscellan- •us" schedules which were not foreseen ea ier. The pro, sed amendments ould clarify the application of fee-' to certain typ- = of construction and plan review.•approval procedures.. In addition. the provision rega ,:ing "Late Fees" would •e incorporated again, and all •-chedules containing fees ending in S.50 would be ro ded off to be consistent with the computerized p- mit system program. he proposed amendments would lso add fees for various miscellaneous" inspections uch as the moving and demolition of buildings, commer► 'al and campaign signs. swimming pools and radio/TV to,, -rs. Fees would also be established to provide for t ' - reimbursement of Town of Chapel Hill Engineering Staff inspecting DRAFT PBM MINUTES 1A- ,PAGE 21 cloth for recommendation to the Board of • Commis . ioners. This it was submitted to public hearing on Augus 25, September 16 and Octobe 6. 1986 , The Pinning Departme initiated the request • followi ! a complaint about the nature of the • use (aut , repair shop on Lot 11 of Tax Map 30 in Chee - Township. An adjoining lot, Lot 10, • was inc. rectly des gnated Existing Commercial (EC-5) a the time Cheeks Township was zoned (October , F 1984) . • The Plann ng Depa ment recommends approval of the rezon g of L t 10 from EC-5 to R-1. The • , - Planning D- .artme recommends that Lot 11 be left in an -1 c assification. Non-residential uses on tha. sir - would become nonconforming and subject o t e provisions of Article 11.9. MOTION: Shanklin move ' ,pproval. Seconded by Best. VOTE: • 8 in favor. • 3 opposed. C. Land Use Pla endment - Inventory of Cultural- . . .Geologic-I S es • Presentati' by . .11ins. This agenra item is to consider proposed text ' amendmen • to the and Use Plan for recommenda- tion to he Board .f Commissioners* This • em was su. itted to public hearing on August 25, Septembe 25 and October 6. 1986 . Plann ng Staff recommends approval of the amen. ent to the t-xt and incorporation of • inve tory as appendix o the Land Use. Plan. • MOTION: Pil ey moved approval o - Staff's recommendation. Seconded by Kramer. VOTE: U -nimous. 4/d. Proposed Subdivision Regulations Text Amendments Presentation by Collins. This agenda item is to consider proposed text ' amendments to the Subdivision Regulations for • recommendation to. the Board of Commissioners. sairili■r=p• I ? DRAFT PEI M MINUTES PAGE 22 This item was submitted to public hearing on August 25, September 16 and October 6, 1986. 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 amendment would eliminate confusion between the regulations/requirements administered by the Planning Department and the Register of Deeds and Land Records Departments. MOTION: Pilkey moved approval. Seconded by Best. VOTE: Unanimous. Meeting adjourned 11:55 p.m. ORANGE COUNTY BOARD OF COMMISSIONERS 1 7t ACTION AGENDA ITEM ABSTRACT Meeting Date: November 3. 1986 Action Agenda Item # c7 SUBJECT: JOINT MEETING WITH PLANNING BOARD *************************************************************************** DEPARTMENT: PLANNING PUBLIC HEARING: Yes X_No *************************************************************************** ATTACHMENTS: CONTACT: Marvin Collins TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 967-9251 Durham 688-7331 Mebane 227-2031 *************************************************************************** PURPOSE: To consider setting a meeting date with the Planning Board to review the status of the Planning Department 's work program, discuss departmental organizational changes, and outline work program objectives for the 1987-88 fiscal year. NEED: In December. 1985 . the Board of Commissioners and Planning Board held a joint meeting at Moorefields. Items discussed at the meeting included staffing concerns and Planning Department work program objectives. The Planning Board would like to hold a similar meeting again this year and has recommended either December 4 or December 11 as a possible meeting date. Moorefields is recommended again as the meeting place. IMPACT: A joint meeting will allow Commissioners and Planning Board members to identify areas of mutual concern, establish tentative work priorities. and outline staff organizational changes needed to address planning program objectives. RECOMMENDATION: As the Board decides. O R A N G E COUNTY 17t BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date NOYEMB R_.34 1986 Action Agenda Item �l�f SUBJECT; 1 -40 Corridor Study Questionnaire DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact; BRAD TORGAN GENE BELL Questionnaire Telephone Numbers �+ Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : To inform the Board of efforts to design a questionnaire for obtaining input from 1 -40 corridor property owners . The questionnaire was reviewed by the Planning Board at its Long Range meeting on October 14, 1986. NEED: Citizen input and involvement is critical to the success of any land use planning effort. The questionnaire is a first step in the process of trying to determine how property owners In the 1 -40 corridor feel about a variety of land use issues . 1 ,866 individual properties have been identified as lying the 1 -40 corridor. 407 multiple property owners have been deleted which leaves 1 ,459 owners who will receive questionnaires . IMPACT: The questionnaire will provide a means for direct involvement of property owners in the study area as well as notifying them that the study is being conducted . A concern often expressed by citizens at public meetings and hearings is that they didn 't know about the planning effort or had no chance for involve,- ment. It is hoped the questionnaire will address both of these concerns . RECOMMENDATION: Board approval of the questionnaire with any changes or corrections deemed necessary. • 18L • Dear Property Owner: The Orange County Planning Department is conducting an area study on the 1 -40 corridor. The corridor is an area two miles wide centered on 1 -40 and runs from the 1 -85 inter- change southwest of Hillsborough to the Durham County line. Areas inside the town limits and extraterritorial planning Jurisdictions of Chapel Hill and Hillsborough are not in- cluded ( see attached map) . The survey is only the first step in inviting public participation into the planning process . Public meetings and hearings on a development plan and alternatives for the corridor will begin after the questionnaires have been returned and the results tabulated . You will be notified of these meetings by announcements in the news media. This questionnaire should take less than fifteen minutes to finish . We would appreciate it very much if you would take the time to complete the survey and return it to the Orange County Planning Department, Comprehensive Division, 106 East Margaret Lane, Hillsborough, NC 27278. The surveys can also be deposited in the drop boxes at or If you have any questions please call either Gene Bell or Brad Torgan at 732-8181 (Hillsborough exchanges) or 967- 9251 (Chapel Hill exchanges) . Sincerely, 18. ' '' ti , ,,....„...., ., ,: ............ `_ 4 o..��� -t rr• ......... , ..- r- sr...7.40r65--;,..) „#_,) 1,Nti -4iiip• i., .\ )_.....-- SialrAVYariviej,IV ‹) 1":.t ,,,'-,;,.,,t,'" Ab, -:=:,,,,11. _ ., ss .00 .1,-- ' "; 0\ •IW`11 �° .�. er l� ----v' t f\ . , ` f /1006 - ♦ �� f , ,1 - 1 f r,.•0, kh■ri makeir, ......—. ...,, ) #". 1 .- 111111111111111111111M111■111,2 4. .4 0- ate. ARUM '40);AVe,.-114*•• ' 44,. 71 -: .,,awiammummirammowr ,Amakto.--,- ..f e- - ,,-;s:...),. , ,4 r� Af E `� �+ rte I• !`o ! 1� 1111'fSd OL11111iwivS(r�.iI�r • :•}''1.y "-P+q R 'mar of A ..� .wry.,/ e j.' - , -.1-• •,,...,� .r =�.-'w 1r•' s'�..'��"_`;'!l 1?a - �ar'.^ :.,-y;,,A,i� wJ'i'.. ��.�. yam♦ �� �y��,( ^..t f,�.t: . j j ` 111C•a 1.0547,NINI i lta11J 'Im ;* irk ,-. .-,p. ...m.y'• :,`.; f ►420 . <4 ,r- 7CE. rt ',•:;P••".?-. i k .,.'1yf y„',,1 4 ''`, .,a_ /r`1tr.,•:wA, 57.7 �i s a.t v "N v tx 4 aJ n*e i 111-•• --;,,- } • y51.? -.Ie'' - r;fa , "�.5F 1' , .r.A1itsr—.�MIKV? " r ilior / - rt0`;t'� 4, y 17.:i' .� •� � err . _ 4 f• f 1�� Al '� z } 'r� 4;g; r (LTr Y'Sy �� : ` � r ♦ � Mys '° s ‹ r P s'.{ ,�,t-� t. 1111111•MilIMIIKRIPAIIIII‘,„7" ,-4;P. 0 ,4. eill -11.111111111611FA=M11111W. --- •~K A ♦ . ti+ - #.mow ��Y� i}}_ 1 ♦ i.. -Wia:Milla..41L-17....- 1).6" > de • 1 8 - 1-40 CORRIDOR DEVELOPMENT QUESTIONNAIRE. Please rank all possible answers when a ranking is requested and your response is not "no preference" or no • opinion." We are trying to determine a rank order. Opportunity exists elsewhere in the questionnaire to oppose any of the items being ranked. 1. Do you have any preferences as to what land uses should be located in the 1-40 corridor? Yes No No opinion If YES. please rank the following choices in the order of preference. 1 being highest. Open Space/Recreational Commercial Office and Institutional Manufacturing/Industrial . Residential Other (specify) 2. What types of land uses should be excluded or discouraged from the 1-40 corridor? Mark as many as applicable. Open Space/Recreational Commercial Office and Institutional • Manufacturing/Industrial Residential __Other (Specify) No land uses should be discouraged or excluded No opinion 3. Should all non-residential development be discouraged in the 1-40 corridor? Yes No No opinion If you answered YES please go to QUESTION 67 4. There are four 1-40 interchanges in Orange County. How should non-residential development at each be approached? Please mark a response for each interchange. A. State Highway 86 (interchange A on the attached map) O non-residential development should be encouraged non-residential development should be discouraged • no opinion or unsure • B. New Hope Church Rd. (interchange B on the attached map) __non-residential development should be encouraged ___non-residential development should be discouraged no opinion or unsure C. Old NC 86 (interchange C on the attached map) • non-residential development should be encouraged • non-residential development should be discouraged no opinion or unsure D. 1-85 1-40 5. Do you have any preferences as to what non-residential uses should be allowed in the corridor? • Yes No No opinion If YES please rank the following choices in order of preference, 1 being highest. __Retail __Restaurants, including drive-ins __Hotel/Motel Office and Institutional uses Industrial uses Gas Stations/Convenience Stores Other (specify) 6. What types of non-residential uses should be discouraged or excluded from the corridor? Mark as many as applicable. Retail - Restaurants including drive-ins - Hotel/Motel • Offices and Institutional uses • Gas Stations/Convenience Stores • Industrial Other (specify) ___no non-residential uses should be discouraged or excluded __no opinion 7. Do you have any preferences concerning the type V of residential development in the I-40 corridor? Yes No No opinion If YES please rake the following choices in order of preference, 1 being highest. Single family. unattached Single family, attached (townhouses and condominiums) Mobile homes on individual lots Mobile Home Parks Duplexes • Apartments Other (specify) 184: 8. What types of residential development , should be discouraged or excluded from the 1-40 corridor? __Single family, unattached •__Single family, attached Mobile homes on individual lots . --Mobile Home Parks Duplexes —Apartments • Other (Specify) no residential uses should be excluded or discouraged • no opinion 9. How important is the appearance of land seen from I-40? very important mildly important not important no opinion 10. Do you believe there should be a prohibition on building above the the tree line on all land that can be seen from I-40? ' Yes No no opinion 11. Do you reside in the 1-40 corridor area? Yes No If NO please go to QUESTION #13 12. Do you work outside the home? Yes No If YES where? Chapel Hill/Carrboro Hillsborough Durham ATP/Raleigh Elsewhere (specify) 13. How often do you anticipate using 1-40 in Orange County? Daily A few times a week A few times a month • Once a month or less Not at all Don't know 18 . • 14. In what township is your property. located? If you own property in more than one township please mark as many appropriate. Cheeks Township Hillsborough Township • Chapel Bill Township 15. Where is your property located in relationship to the Interstate? If you own more than one parcel please mark as many as appropriate. abutting 1-40 within 1/2 mile of 1-40 • 1/2 to 1 mile from 1-40 unsure 16 . Which 1-40 interchange is your property located closest to (see attached map)? If you own more than one parcel please mark as many as appropriate. A 17. Do you think your property is located in an area that is urban • suburban rural If you own more than one parcel please • mark as many as appropriate. • 18. Would you like to see your property located in an area that is urban suburban rural 19. Additional comments. 186 ORANGE COUNTY BOARD OF COMMISSIONERS Action Ag da Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: NOVEMBER 3, 1986 SUBJECT: LEASE OF SPACE FOR DRIVER'S LICENSE OFFICE DEPARTMENT: PURCHASING PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES, OFFICE,X497 LEASE TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider entering into a lease for office space at Planta- tion Plaza, Carrboro, N.C. for the purpose of housing a Sheriff's Office and the Driver's License Bureau currently housed in Carrboro Town Hall. NEED: The Town of Carrboro, some time ago, requested the Driver's License Bureau be moved from their facility to make room for expanding Town programs. At this time a search was launced to find alternate lease space in the same vicinity. All available space was found to be priced beyond acceptable lease rates so the feasibility of placing the Bureau at the Homestead Building was explored. Due to the diversity of the needs of tenants slated to occupy that building, it is now deemed in the County's interest not to co-locate the two acti- vities (Driver's License and Recreation) together in the same building. Plantation Plaza, which was one of the earlier explored lease locations, is presently able to offer a much better rate than previously quoted making it a more suitable and affordable site to locate the Bureau. Its advantages include: 1) location is easily accessible to the citizenry; 2) traffic flow around the area is not conjested, an impor- tant factor for citizens taking the driving test; 3) the lease rate is less than that currently paid in other locations, and the facility is newer; 4) adequate parking is available. The Sheriff has also expressed a need for office space which he would like to be outside the main flow of traffic of the downtown yet central enough to serve citizens in an efficient 18 manner. His office is currently maintained at the Old Police Building in Chapel Hill. A sharing of the Plantation Plaza space with the Driver's License Bureau would better serve his needs and be longer in term (the Old Police Building lease expires July 11, 1987) . Since the two activities are similar in nature, Driver's License personnel in Raleigh have endorsed a sharing of space with the Orange County Sheriff's Department. IMPACT: Funds are available to cover lease costs through the end of this fiscal year. The net amount required is approximately $7,800 of which $2,000 would be paid for by the State. RECOMMENDATION(S) : 1. Approve a lease with Murray Enterprises, Inc. at a five year cost of $1,200 monthly for the first two years and a 5% annual increase thereafter, for space at Plantation Plaza, Carrboro, N. C. for the purpose of accommodating the Driver's License facility maintained in Southern Orange County and to provide a satelite facility for the Sheriff's Department; 2. Authorize the Chair to sign on behalf of the County. PLANTATION PLAZA CARROBORA, NORTH CAROLINA PLANTATION PARTNERSHIP A FLORIDA GENERAL PARTNERSHIP ORANGE COUNTY, STATE OF NORTH CAROLINA HELEN A. SKINDER LEASING AGENT 8 Ills LEASE made and angered eta alt of the day of .19 . earl ewe , Plantation Partnership. A £lroida General v its office• _801 Laurel Oak Drive, Suite 410 Naples, FL 33963 _ (kerns eel read to as'Landlord')and Orange Count , State of North Carol_ , hauls!ids Pawl offmt 300 W. Tryon Street Hillsborou:h NC 27278 (Mein referred to as'Td well. • W 1TNESSETM: That a consideration of the rend.commits and conci ion Mein sei lords.Landoed and Tema do hereby eovenanr.promise am agree ae Maw ARTICLE 1 DEFINED TERMS 1.01 The following tennis wherever used Mess Ad have tha blowing meanings: (a) a °PREMLSES Unit #13 (20'x60') 1,200 sq. ft. ± (1) Unit now or hereafter to be erected by Lant0ord,at its expense.as shown in Eahib�i (2) feet now or h.reaher to be sleeted by Tenant.at its exptsae.st shows is Eahtb(t W. (31 Location a(1.01(al(1)and/or 1.10 lb)(2)shall he shown N Eahisit (b1 I NI IAl.TERM:Each Lease Year Shall Terminate January 31 five(5)years flora dale d occupancy. lo) AIN1NUA(,MP 4 .l RENT: Dtuig the tribal Teter N/A ,_pt.annum 1st Yr. - $14,400.00 4th Yr. - $15,876.00 2nd Yr. - $14,400.00 5th Yr. - $16,669.80 3rd Yr. - $15,120.00 (d)PERCENTAGE RENTAL N/A %of Gross Salm as herein defined at excess of$ N/A (e)GRt>,SS SALES; The total dollar amount of the actual sales pees. pad or wood. whether lot cash or on credit.of ad asks of merchandise and services and all other revenues and e+comr of any kind derived drrectty or mr$rKt)y ban the business conducted by Tenant and tub teiwul and arty department tenants or assgns rn Of tram the Demised Pitmans, less any sales tax. returns. exchanges. alawances and rSacot,nrms. transfers of rrrrchandrse kern the Demised Nemeses loather stops of the Tenant.arsd ins any layaway saes sum)the same become ac tint sate&Dv the ternq"sales tae'it meant rarm which by law Mara not eneoeed on Tenant or any other parry pnor so sate at retail by Taunt.but f2)are imposed on purchases ham Tenant at rend and cc:Arcot:de by Tenant from such purchasers. (f) ESTIMATE°COMM-MO(N DATE Complete (g)DATE OF OCCUPANCY: The fins to occur of Ii)the date upon which the tenant will open for busttess,or t:)the date upon which Tenant's baking shall be contained in iccordarxe with Exhtb,t'A"and the possession thereof shell be rendered to Tenant or Iii). Tenant shall commence to pay rent forty-five (45) days after Landlord has advised Tenant that building is ready for Tenant's fixturing. (II ERM11'TED USA Driver's License Bureau and Satellite Sheriff's Office or similar Governmental Function (i)GUARANTOR Orange County - State of North Carolina • (P COMMON AREA TM entire areas designated for comma use d benefit wirhn the Sixty:Mg Center.inelucrei J bye net by way d ewaton,parking kxs.Mt taped and vacant areas.pr.+sa9e ter trucks anti automobies.artatwye.roads,ws&s, curbs,corndors.courts and arcades,together with twines such as washrooms.canton:toms,katnyes.&Wong fountiirs,rtes.stars.r'ambes.shelters,eenrrrxerety roans.Dorcas ,bus moats.and loading docks,will facilues Cerua. but not Effaced to,treatment plant Is)and setting ponds whether tM ether located wt or outside tithe Shopping , 1 , . . 10 TENANT: The owner for the time being of the leasehold estate created by this Lease.whether I be the original tenant.or any I L . . assignee under a toad assignment.and if it any time Hate thin one individual or fern comprises tenant,such work shall mesa such individuals and emus Cody and mealy. (ml LANDLORD: The owner for the time being of the Demised Premises,whether It be the original Lacked or any successors In tide, and if a cry time more than one individual or fpm comprises Landlord such word)hag mean such individuals and firmte jointly ad sever*, ARTICLE 0 PREMISES AND TERM 2.01 Premises.Subject to the tents and conditions hereof,Landlord dots dams.unto said tenant and Tart doer take from Landlord for the lease term the Demised Premises,together with reasonable rights of access.Ingress and egress,and rights to jolt tree of Such Periling areas. driveway..sidewalks and other comma areas as Landlord shat provide born time to time,which rights dial be in common With Larelotd and other dairtvg under Lanclord and shall be to use such area only for tM txepase s designated by Landk ct Lanegord hereby reserves the right 'at any time to make alterations or adddiora to and to bead additional stores on the braiding it which the Demised Premises are minuend and to bard screening the same.Landlord also resetvet the right to coreiruct other teaidieigs or improuamen4 in the Shopping Center of which the Demised Premises are a pan from time to time and to make alterations thereof or addelicas thereon and to demobeh any of such buidrg or buik3asga and to build wracking the sane and to construct double dedcs or elevated parking keen. 2.02 TERM OF LEASE The phrase "Term'or"Lease Tara",as used in this lease.shall be the initial tam of this Lease and termed tams of this tease. ARTICLE IN RENTAL • 3.01 ANNUAL MINRMUM RENT: Tennant shed on the firs day of the lease and each aerial anniversary date thereafter pay to Landlord,at such place as Lan lord shall designate in writing from time to tine,the annual minimum rent.Notwithstanding the above,if the tenant is not is ddault wider the terms of this Lease,the tenant may pay the annual mihisaen rent It equal mwohy instalkswees,on the Brat day of a calendar monthe then the annual mircnwm rent for such month shag be prorated upon a dilly basis and shall be payable upon the date of occupancy.If at any time during the lease term the ternary is in deeauh under any terra a this lease.the Lanford sisal have the right to accelerate the payment a the Asunuaf Pills* um Rent that is or would be due during the lease term and to demand.colect and receive from the tenant the Annual Minimum Ray that a or would be due during the lope tent.The tenant shall pay to the Landlord the remelting balance a the Armco(Mire um Rent that is or would be due during the lease term within ten(101 days of the date during of demand d lee same from the Landlord 3.02 PERCENTAGE RENTAL Its addtion to the,annual henmimun Rental let reinabove specified,with respect to any lease year during the lease tam in which Tenant's Gross Sales shag exceed the sum of IA 1 . . .1 (hereanalter.referred to as dw"minimum basis of sates").Tenant shat pay to Landlord as addnonal rental an amount equal to the Percentage Rental.Percentage Rental shag be paid on or before the twangy-at(21st)day following the end of each lease year.For the curposes of this Uwe,a lease year"shall be each successive period of twevee(12)consecutive calendar months from the last day of the month it which the lease team shag commerce.Sales for any period preceding the Cast lease year shag be included in Gross Sales recorded(or the fast lease year. Tenant shall,on or before the nvemyrfast(210)day fallowing the end of each lease year or"lesser period"deriver to Landlord a statement sworn to be Terwt or Of Tenant is a cerporationl by Tenant's chief financial ncial circa.certifying the true amount of Gross Sales fa such lease year or'leerrer period".The tan'lesser period".as used herein.shag be any period beginning on the fast(1st)day of any lease year and endig,by reason of the termination*this Lease,prior to the end of such lease year.In the event that a period d more or less than twek"(12) months shag be so required to be included in any such statement.that the nwimwm basis of sales shag be proportionately increased or decreased as the case maybe.Concurrently with the delivery of such stasemenl,Tamara will pay to Landlord the amount a Percentage Rental shown thereon to be due.En the event Tenant sublets any space or any deparon tat.Landlord or its representatives shag also be furnished such statement from subtenants or departments. Landlord a its duly authorized represntaue may.an regular blames*days and within reasonable.office hours,inspect tenant's records of gsossaaes eider at the Demised Prmnises or elsewhere as designated by Tenant,provided sch inspection is made within twelve(12)meths alter a statement of sales is furnished Landlord by Tenant and is linked to the period covered by such statement.Said records shall be kept in accordance with generally accepted ccountirgprpcasks.Any cdaimby Landlord for revision of any statement of saes or for Percentage Rental must be made it arising to Tenant within twelve 112)months alter the dale such stationer of sales is mailed to larelrxd(otherwise it shag be deemed saved by Landlord).If Landlord's aulit sisal disclose a deficiency in Percentage Rental paid far any base year,Taunt shall prompt ly pay suchde&iencit*toget her with interest at the rate of tent lush percent Per amrsm:if such deficiency's Ave MI percent of more,Tenant steal promptly pay to Landlord,Mad/Man to the amount stated above,the cost of such audit.The farwaradng by Tenant of any grossly inaccurate statement shag constitute a default wider this Lease and shag entitle Landlord,immediately and with/an notice to exercise any or at)of the remedies set(whin Article IX heron Landlord rase hold in confidence all information obtained from Tenant's records except in any psoceedag by or action to collect the cost of such audit deficsency or with respect to a sale.mortgage or leaseback of the shopping center of winch the Demised Premises are a pan. 3.03 SECURITY DEPOSIT: - Tenant has delimited with Landlord the sum of One Thousand Four Hundred Deleadafte 1st 44n an Said deposit shall be held by landlord,without Nearly k1r intace as security lea the faithful performance bit Tenant d all the tern"at this • Lease-If any of the rant herein rescind or any other charge payable by Tenant to Landlord dial be overdue and wiped or should ld Landlord make payments on behhaa of the Tenant,or i(Tenant should(asl to perform my of the terms d this Lease.then Landlord may.et its option and • without pretue ice to any other remedy which Landlord may have an=ant thereof.appropriate and apply said antis depositor so much thereof as may be necessary to compensate Llydksrd toward the payment a rem.addtional charge oe loam damage s+sstaned by Landlord due to such breach on the pan of Tena nc and Tame shall forthwith upon damsel reshot*saidsecurity to the original sum deposued.5h auld Tenant comply with al of said leans and proohpdy pay al of the rent as it fails due and al other charges payable by Tenant to Landlord.said deposit shall be returned in full to Tenant at the end of the term.In the event of bankruptcy a other cred*'debecr proceedings agsint Tenant, as seetrties steal be deemed to be applied fist to the payment of rent and oiler charges due Landlord for al periods prior to the filings such proceeding,.L ana:ne's anetefagee sus mot be fiabie for security deposits unless it actually receives them. 2 • 191 3.04 TAX ON RENTALS; Tenant than pay.in addition to and with the rent.any tax that may be levied,assessed or Imposed upon or measured by the tents reserved hereunder or won a lease by any governmental authority acting under any presere or future taw. II at the end al each tax year of the lease term and the antrum of the additional ant that was&se for real tame taxes that am chargeable the demised menses exceed the Landlords menace of sama the tenant shall pay such moo*to the Landord on demand.Rat the end of each tax year of the lease tam the amount of the additional rental that was die nol alai taxes thee are chargeable against the ' demised premise m less than the Lanclords estimate 04 sane the Landlord Ad refund the crdlerence. 3.06 Tenets shall pay to landlord,as ackEtionel rent,Tenant's proportionate share at the real estate taxes that may be levied' against the Showing Center.The amount of taxes chargeable to the Tenant shall be that portion dal taxa assessed avast the shopping caw as a - whole(inducing put&area)it the ratio that the starers footage of the clanked penises bears to the Ware Image Mal baling;erected in said Amp:1g center.In any expansion of the demised premises.dte tuba*for its expansion area tall be estabithed by the same formula aa that used it the fiat instance.Using the arra&enumerated is this article 3415.Landord shall at the beginnly of thelease tern and each tart year Omfalter mama the nal estate taxes that ate chargeable astral the denim;pretties or that yew.The'relive Onion the it dm/of die arta oath enniaenalY dere thereafter Peva)the Laniard.reach place**Latticed shaidesignate in veiling from • time to tine,sail additional rental for umlaute taxes that are estimated by the Landlord that are thanes*agate:the demised premises for that year.Notwidistandmg the ammo if the Tenant is not it difedt under the tarns of this lease the Tenant may pay sail addrional rental for taxes in equal monthly iretallments,en the first day of each month,is ekestst camencing upon the gra day ci the lease term promed, however.in the eves the rust day cif theca:up tam share(be on die fast dayol acalendar month,then dead:Rend rent for real estate taxa for each month shall be prorated on a daily basis and dui be payable upon the date of ocommcy. At any time during the lease tam the Landord new revise its estimate of the seal estate taxes that are chargeable against the demised premises.The payment due under this wade 3.06 shall be adjusted to aka the new estimate al real estate taxes that ate chargeable&ono* the demised premises. 3.06 ADCETIONAL LATE RIM In the evens the tenant data not pay the annual einem%rent withal ten 4101 days of its this date the Tenant shall pay to the Landord as ardor:sand rent the sum at$100.00.The Landman right to receive ackifonal ha re*steal be in addaen to al other rights and remain avallabie to the Landlord upon the default of the Teruo in paying the anneal alarms rent what due. ARTICLE N WARRANTIES OF LANDLORD 4.01 COVENANT OF TITLE Larelord covenants,represents and warrants that it has id right and power to execute and perform this Lease and grant the estate demised hernia U at any terra during the tarn hereby demised the tide of Unclad shad fad or a be docoverad that Landlord's title does not Permit Landlord to gram the term here*deresed.Tenant's remedy,winch shall be exckoive of al order remiss.shall be to annul and mid des lease. ARTICLE V DATE OF OCCUPANCY AND USE 5,01 ADVANCED POSSESSION FOR FIX7L)RING; Prior to completion or improvements to be made by Locked.Tenant shall have the right and privilege(but at its own risk)to receive, store and install its trade&cams in or or the Demised Premises,proVided howeer.that merle%storing and installing shall be SIC mam(T° that wi not interfere with Landlord's work and that Tenant's labolty insure=muss be in full fora and effect.It is expressly agreed that such action by Tenant shall not cosenste acceptance of the Demised Premises as being completed as required herein. 5.02 USE OF THE DOWSED PREMISES Tenant will use the Demised Premises Ice the permitted use only and for readier purpose without the pax written consent of Lanciard. Tenant shall keep the Demised Premises open for business at least during the usual business days and hours al Tenant's and occupants of recall and server areas within the Shopping Center ol which the Demised Parnisea ars a part(whether or not such areas are owned or conroded by Landlord)whch occupy fifty(50%)percent or more of the goal lime aaa such recall and smite areas and in any event during the usual business days and haws lithe kcaray in which the Demised Premises are situated of storm or service estabishments of the ntrel Tenant's stare or service est abashment.Tenant at its sole expense,shall comfy with all ol the requirements Mall municipal.state and federal authorities new or hereafter in faros certainly to the Demised Premises.Tenant shall not commit waste or any nuismee.Tenant wJ not do act or thug in the Dented Premises or permit the storage al any product therein which shall cane a caudal:ion of any Cl Landlord's on the Demoted Prerreses.If any use of the Demised Prentiss by Taney or act therm CMS=Landlords insurance QM to be increased ova the rates Si effect for the Permitted Use generally.Taunt ma,on dement Pay to Landlord the amount 01 any such increase. Tema Further commas duo it will not 0&splay any marcharsitse or maintain any stands in front of Demised Premises or of the ire of bulldogs lithe Marring Center.(i)erect or marmot any barricade escalading.which may obscure.the signs,entrance or show window of any other tenant in the Shopping Caitiff.Or tend to interim with any such other terant's business.Oil create or maintain,any nuisances. Inducting without imitation the kayoing general Language,loud noises.sound effects offensive odors,and smoke or dust in or about the Demised Premises of the commas areas acent to the Demised Prenuses.or(W)install any equerrent which will exceed or overload the capacity al any unrest fatties located it or serving the Denied Premises. ARTICLE VI REPAIRS AND MAINMANCE • 6.01 LANOLDROS REPAIRS AND MAINTENANCE Except as provided at this Lease with respect to condemnation and damages caused by casualty,Landlord agrees to keep.Warr and maintain the exterior ci the bullring(ireful:frig the roof.exterior wads,foundations,garter&downspouts and mgt canopy).the common urn-*imam paved areas,met*PiPM foe 013(Rainy)and water.drainage and sewer apes(caned by coucturoidekrn,but velem or. dewy atowage).earolrioaf wring(but not awl 01 the slectr .lor Pitonbe9%sterner&stuns inside the Dirtied Preiiees)ingxdrup ,at all times.If any portion of the Demised Pretties which is the respornalaity 0111w Landlord shall at any time be in steed of repair,Landord will promptly repair sere upon receipt of written notice from Tenant to do so,except that the Laniard&hal not he°Mimed to make or Pelf(or any repairs to Tenant's store bulking rendered necessary by the fault,act or negSgence tithe Tenant,or:mafiosi/nom.agents,employes or artiness invitee',except in the case 01 damage by ftre or the edenents.or odor casualty covered by Landlord's intend extended towage ' insurance.Leaked agrees to keep the common areas clean,to keep such wen righted during hours al clarlthem when stores Sthr2raii are open for bulimic and to keep the Parking area Pepe*paved.righted and striped to assist in the orderly park:nal cats.Tinsman closings • 3 • '. . - ' • • by Landlord of parkng,walking.and dnveway areas lot repairs.changes or other reasonater undertakings shall be pemuned. 6.02 TENANTS REPAIRS AND MAINTENANCE: „ • , Tenant agrees to keep the Demised Premises In goad condition and repair.excepting tepees winch we the respartsanaty of tlw Landlord W are made necessary by moon of Ore and other unavoidable casualties catered by Landlord's fr et and extended ammo*seperance, 19‹ end inecepung reasonable wear and tem.lantrin such repair regionsaxitits of Tenon'hall bu indudee the walls and tang liscluding the painting therectk repairs,maintestmot and replacement of at conditioning and heating systems:all window'and dates,tooth immix and exterior,replacement of any plate glass damaged or broken;fighting natures and interior whin extending to and kionfing the main Ciletat breaker parson and the romol upkeep and replacement of the flour surfacing*or coverlore.Tenant further agrees to furnish hen and a conditioning diarges(or such manes to be used by it in the Demised Premises arei pay alchemies lar Such Wab es.includnguritheest notation, '• al watts,gas.electricity and sewer,&ark,telephone,gas.& n,connection hem non on fees,inspection and impact fem.&Tamura' changes,exterior alterations or additions to the Demised Retinue madi only with Landlords written comes.The Tenant wdl not pawn any insoares or matenajmen's or other nem to stared against the Donned Premises for any tabor or material furnished Tenant in connection with altsratiOna retainer work asw diameter Pnformed nn du Demised Premises bir or at the direction of Tenant.and Tenant wil ether(a) rost a bond fee 114 times the Cod of such work,or(b)indemnify and hold Landlord and Landlord's mortgagee hamlets for ginp nuts in connection with arty work dose or caused to bit done by T4fOfd. 6.03 LANDLORDS ACS& Lantiond,or Looked%mongagee.am ing as Landlord's agent,dial at al reasonable tines have access to the Demised Premises to determine whether Tenant is(=spading with the terms and conStions of the LOW and to downing whether Landlord needs to pelican an/ work hereunder and to perform any soh wads 6.04 LOSS OR DAMAGES OF TENANT AND OTHERS: Landlord shell not be liable for any damages to property of Tenant or of others located on the Demised Premises,nor for the Wool or damage to any property of Tenant or of others by theft or otherwise.Landlord sisal no be table for any injury or damage to persons or property result*from frt.,explosion.fang plaster.steam,gas,elecincity.water,Oil or=WO Of leaks from any pan of the Demiaed Premises or from the pipes.appliances or plumbing woks to from the real, ustcrsubuurhuir fronianvothrplaceor bY damn:ions or by any other cause or whatsoever nature.Landlord sham nix be adds for any such damage caused by other tenants or persons in the Demised Prembee,occupants of adjacent property,of the Shopping Center,or the pubfc,or caused by operations in construction of any private, prbfic,or qualnpubto work.Landlord shall not be fable for any latent detect lithe Demised Premises or n the bolding of which they form a pan except Ear a period of one(I)year from the data Tenant takes possession ol the Demisted Pm:rises.Al property of Tenant kept or stored on the Demised Premises shall boos kept or stored at the risk OTenant only and Tenant shad hold Landlord harness from any ClaiRelarisin9 oat of emege to the same,inclucfing subtognion claims by Tenant's insurance carrier.unless etch damage shall be caused by the wad act or gross rietject of Landlord. ARTICLE VII CASUALTY 7.01 RECONSTRUCTION Should the whole or pan ci Tmant's budding seam on the demised premises be partner or tom*destroyed by any casualty,the Landlord or Landlord's Mortgagee may ens:either to repair or rebuild the demised prerrises or the builting or bun:Angst*to use the proceeds to reduce the loan balance and/or to terminate the Lease upon giving thirty(30)days written notice cf such election in writing to Tenant. During the period of damage or reconstruction,the Annual Minimum Rental and any other charges payable wider this Lease shall no abate. ARTICLE VIII EMINENT DOniAll'a (a) In the went that al at substandaY ant the demised Premises dial be&Meese:it'd to taken under the power ot eminent domain by any public or quasi-pub&authority,this lease shell terminate and expire as of the due of such taking,and Landlord and Tenant shall thereupon be released from any further EalgitY hereunder.In the event as math as twenty(20%)percent of the demised premises shall be appropriated or taken wider the power of onions domain by any punk or quasi-public authority.Tenant shall have the right to cancel and terminate this Lease as of the date of such taking upon giving Landlord written rote:*ol such election within shiny(30)days after the receipt by Tenant from Landlord of notice that said penises have been appropriated or taken.In the event ol such cancellation,Landlord and Tenant than thereupon be released iron any hardier Beaty wider fin Lease and Amami Kremlin Rental for the last month shall be appropriately prorated. (a portion ci the Leased Premises 4 taken,or ccnseyance made in feu thereof,and if this lease Mal not be terminated as provided its the greceedans paragraph thin the Methuen Annual Rent and the percentage remit base(gross sales figure)shall be ratably apportioned according to the space so Liken,and Landlord shol,as Nevus expenses.resters due rem: 'ning partial of the limed premises to a complete architectural unit,but such work shed not exceed the scope of the stork monad to be done by Landlord,dam.pursuant to&hearie 0 hereto.The con of Landlords oh6gtece lwreunder dial be&Med to that portion of the net proceeded the conderrinatim award actually received and roared by Landlord which are allocable to the leased prelims (b) )1 des Lease shall not be terminated as in this paragraph provided,but shall continue as to that portion in the demised premises which dial not have been appropriated or taken.The Aressal Minimum Rental shall be reduced vs the rates that the gourd boor area of the demised premises after such taking bears to the ground floor area of the demised premises before such taking. Ic)In the event ol any such taking,the entire ward or cormensatian whether aa compensation for diminution in value to the kasehold or to the foe of the demised premises shall be paid Pound belong to the Landlord:provided however,that any Nord mode to Tenant for moving reciernes or for the aline 01 any trade Swum and equipment belonging to Tenant,however,in no mint shall Tenants award cimnish Landlord's award. ARTICLE DC DEFAULT 9,01 REMEDIES ONTEPAULT: In the event(al Taunt defaults in paying any rental pawners hereunder.or Pb)Tenant defaults tar thirty(30)days after written ravine thereof in Patterning arty other of its obanadow'wormier.or 1c Timm is acne:Tecate:1 a bankrupt;at(d)a permanent receiver is appointed Tenant's property,including Tenant's name in the Demised Premises and such recaer is not remand withal May(60)days after written notice from Landlord to Tenant to obtain such renew*or(illikhetists Kitimat*or eivolwitardy.Tented takes advantage of any debtor relief Proceedings wider any;resent or Nene law or(fl Tenant makes an assignment for benefit of nredruses:or(9)the Demised Protases or Tenant's effects or interest therein should be levied upon or attached under process against Tenant.not satisfied or dissolved within thirty 1301 days atter winos notice from landlord to Tenant to obtain satisfaction Moen;or(h)Tenant vacates the Demised Premises et fails to conduct its regular,routine business therein during normal business hours for a period of more than dtirty(301 days,then,and in any of said evens. 4 Landlord shoe have the option to do any of the(oliounns(in addition to and not in limitation of any other remedy permitted by taw or by the \ Leann: 1 9c 111 Tingeing this Lease.in.which evert Tenant shag irrvrodatehy surrender the Demised Premises to Land(ard.bed if Tenn sea fail so to do.Landlord may with ut further notice art without txeiudca to any other remedy Landlord may have to posseesscn ce aerearag s et .rent,enter upon the Demised Premises and expel or remove its elect,by kiwi if necersa y,without being Basile to Promotion or a Vanes ice deranges thereof:or (2)Without terminating this lease reinter the Demised Permian by summery proceedings or orherwie,and in any evens may its. possess the Tenant,removing all persons and Property from the Demised Praises and such property may be nenoved and stored in public warehouse or ebewhere at the cost of and for the account of Tenant,al without service of notice or resort to legal mansard without being deemed Suity of trespass,or becoming liable for any louor damage which maybe occasioned thereby.In the eventdsuch crest ry,Landlord may rent the Demised Premises to such tenant or tenants for such term or temp as Landlotdmay elect,without befrg obligated lodo so,and it the even of relining shall apply the rent therefrom Ern to the paynraptt of LaMlords expenes,inekedstgattorneyi s fell hemmed by reason of Tenant's default,and the expense of tainting ncludrog but not Tended to the repairs.renovate or alteration./the Demised Prensw,anti then to the payment of rent and agothernmtedue from Tenanthaeterder.Tenon remeitigliable for any drfiapwy.Suite deficiency shall be cakuLded and paid morliI 4.Far the putpoee deal Par agraph 9.01.Ppeentage Rental for at such pseud shall be deemed to have continued • thereafter at a monthly rate equal to emdtwelfth(1/12)al the Para/age Rental Paid by Tenant with raped to the Tart full twelve(12)month period ineteedatele precae:bg such tambhuion or reaetryr by Landon*provided.however.that.an the eves such termination on meow occurs prior to the end of the be lose year,than.for the papaws of this Paragraph 9.01,Percentage Reseal for any such period shall be deemed to have c+onsiwed thereafter at a mondj rats equal to the total earthly Paceneage Rental payable by Tenant prior to such Le mina• Lion or reentry divided by the number of months in which Tenant has been open for business it the Demised Premises.No such re--entry or taking possession of the Demised Premises by Landlord shag be cons rued as an election on his part to terminate this Lease unless a written notice of such intention to be Oven to Tenant. Notwithstanding any such rdetting without termination,Landed may at any time thereafter elect to terminate this Lease for atich previous breach.In addtion,Landlord may.as agent of Tenant.do whatever Tenant ie obligated to do by the provisional this Lease and may enter the Demised Premises,without being Ebel to prosecution or any claim for damages thereof,in order to accomplish this purpose,Tenant agrees to reimburse Laerdgrd immedwtely upon demand for any amense'thdch Landlord may incur in thus effecirg compliance with this Lease on behalf of Tenant,and Tenant further agrees that Lowland shag not bobble for any damages resuhirg to the Tenant from such action unless caused by the men olive=of Landed ARTICLE X INDIEWIFICATION,UABI1dTY AND OTe R INSURANCE 10.01 DEMISED PREMISES BVDEMNIFICAflON AND INSURANCE Tennant t agrees to Wearily and save harmless the Landlord from any claim or lop by mason of an accident or damage to person or property happervrg on or abut the Demised Premisn and aefaeet sidewalks and leading docks or areas or occasioned wholly or in Part by any act or orasaiom of Tenant,or its agents,contractor,eta loyees,re invitees.Tenant further agrees to carry,at its expense an all perils and public Sibley insurance on the Demised Premises,in a cannery purified to transact business in Florida,stipulating limits°Mabe'Ety etf snot lea ton X00.00 at any acc det'alfe t g any ore person:endow less than s ..000.0Ql .01 for wry ac ident affecting more than ore pesoh;and on less that property damage-Al such policies shall be furnished to Landlord, shall contain endorsements waiving the insurer's right or subrogation against Landlord her any reason whatsoever.and shall provide dory(30) days written notice to Landlord prior to cancelatioin ear terrintiea 1002.SHOPPING CENTER(EXCLUDING OEh ISED PREMISES)INSURANCE The Landlord dial obtain anal penis and public 5abetty insurance policy on the Shoppuig Center excluding the demised Peonies.The coat of the insurance poky shall be paid by the Tenants of the Shopping Cower.The amount of insurance changeable to the Tenant shall be that portion of the insurance policy paid on the Shopping Center as a whole(including public areas)in the ratios that the square bowed the demised premises beats to the squaw footage of all betidir ss erected in saki Shopping Center.In any expansion of the demised premises the neuranee base be the expansion area we be eneablshed by the same formula as that used in the first instance.Tenant agrees to reimburse landlord within thirty(301 days after proof of ireuraiie has been tendered to Tenant by Landlord.Any payment due hereunder steal be prorated as to the termination or expiration date of this tease agreement. ARTICLE XI ASSlG1'JA4F]r T,SUBLETTING AND SALE 12.01 ASSIGNMENT AND SUBLETTING BY TENANT: Tenant may not emir the Lease,rot sublet the Demised Premise,not permit the Demised Premises to be occupied or used by Third Persons or entities.without the Prior written consent of Lindland provided,however,that such comsat shat we be umeasonablyr withheld and that even if Landlord shall comet to any such assignment.Tenant shag remain liable and responsible under the Leine unrest*Landlord sp ecifraly agrees otherwise. ise. 11.0$ASSIGNMENT BY LANDLORD: Landlord may assign by way of seatity or otherwise this Lease or any part thereof or any right hereunder without Tawnt's consent,and any such assignment by Landlord of its entire interest in the Demised Premises,and is emirs rights under the Lem,(other than a security assignment)shall relieve Landlord of any further obligation hereunder,ascent Or obligations accrued at the time of such assignment aSelkArnallr if the assignee assumes and agrees to perform the obh3elione of the Landlord hereunder. 1L03 SALE BY LANDLORD: The Landlord may sit any and al of its interest n and to the Sopping Center a Demised ermined- ARTICLE RE MORTGAGE SUBORDINATION 12.01 AGREEMENT TO SUBORDINATE: . 'This Lease shwa be and hereby is made subject and atiadoate ar al roost to the len or security title of any mortgage granted by Land lord taints may now or hereafter affect the red property on wisieh the Derreaed Premises rams a pan.aid to all renewals,madifr_ations, end deerbi to secure debts. replacements and a setnicns demo!The term"mortgage"as used in this Lease shall include deeds of trust 12.02 NOTICE TO MORTGAGEE . If Landlord shall notify Tenant of the place of any mortgage against the Demented Pretests.Tenant agrees that in the event of any act or orni ion by Landlord or any other occurrence which wouid give Tenant the right to terminate this Lease,todam a partial or total eviction,or 5 • f•, I L to reduce any venial puymmus hereunder.Tenant shit not exercise any such right t at wool it ras notified it wary the holler of any mortgage,- vetch the tune shat be a*non the Demised Pianists and of which 4 has notice,of such actor omission,Its)mot a reasonable wad.not e:teer ieg shiny t30)days lot eamua+cQy the renrdy:g of such act or animism steal haw lapsed Women the yurtgd such notice and(e) L wdcid or such holder,with masons*Oilgence.dial not have so commenced and contested to remedy such act or emission or cause the lame to be remesied• ARTICLE)em EXPIRATION OF TERM ANO NOLDOVG OVER 13.01 EXPIRATION: At the expiration at earlier teemhrtion of the lease temt,Tenud'shd surrender the Denaaed Premises together with al aheratons, . addtions and rnprovamma that a part thereof,it good order andeondrion except for the Idlowtrer ordanarywear ending,repairs required to be made by Landlord,and loss or damage by Ire,the elanatra and other casualty covered by nsu rance.Al furniture and bade futures placed in the Demised Premises at the expensed Tenant or ether aoeuprn dial remelt the property of Teton or such other occupant and shalt be removed by Tanint capon the temrnation of this lase semi tuna HOLDING OVE3h In the absence d any written agreamm to the maim",>t Tenant should names n occupancy of the Demised Premiers after the e xaraoon of the lease term it steal an nana:t m a Tenant at alarm ARTICLE XIV SIGNS 14.01 SIGNS Landlord may erect and mai use such sign as i.ii its sole decoedion,may deem appropriate to advertise the shopping ems*dwhich the Denied ed Premises an a part. Prior to erection of any sign remitted hereunder,Taws Mal submit to Landlords approval thereof,which approval shall rot be unreasonably withheld,Al such sign erected by Terror steal comply with al the requ;mmrts of p sad*authorities having jurisdiction with respect thereto,and Tenant wog ndunriily and awe Landlord hawk=from any.lain or damage arising from or related to tht section. maintenance or removal of such signs.landlord reserves the right to permit other tenants in the center to plan pylon-type or other signs.as Landixd deems(k,in the conanon areas. ARTICLE XV COfnMMON AREAS 15.01 COMMON AREAS: The common areas shad at al times be subject to the exclaim control and management of Landlord and may be expanded.contracted, el changed by Land ord from time to time as deemed desfable.Subject to reasonable,nondsscrbninatory rules and regulations to be promulgated by Landlord.the Common Area is hereby made wobble to Tenants and its employees.agents.customers.invitees for their reasonable nom-exclusive use in common with other tenants,their employees.agars,custo ners,Meets,and Landlord for the purpose for whkh constructedra shat have the right to change the areas,locations and arrangement of parting areas weather Common Areas;to enter into,modify and termi+ate asenahts and other agreements permeates to the use and maintenance of the Common Area;to restrict parlasg by tenants,their officers,agents and employees to des hated areas within the Common Area;to construct surface or demoted parking areas and faaute to establish and change the level of parking surface*socket al ce any portion of the Common Area to such extent as may,in the opinion of Landlord's counsel,be necessary to Revise a dedieat:lei thereof or the accrual of any tights to any person or to the public therein;to Close trnperanly any or ad portionsd the Common Area;to discourage ren.cwtomer parker¢and to do and perform such other acts in and to said areas and improvsm errs as.n the eserrise of good business judgcmera.Landrd shad determine to be advisable with a view to the improvement of the co enence and one thereof by tenants,their off es,agents.anpbyees and customers.Landlord may require the payment to it of a reasonable We or charge by the public for the use of al ar put of the Common Areas.which may be by meteor otherwise;in such event all fees of charges so derived shall be applied in reductional to costs and expenses oicperation and maintenance of the parking areas before such casts end expenses are apportioned among the occupants. The Slhoppng Center may be constructed in stages and collar uctiatd Later stages may necessitate the re.urangemau and alteration of some or all of the Common Areas Lana rd.therefore,reserves the right is its sole decretian to change.rearrange,after,middy.or supplement any or an of the Carmen Areas designed for the conmxnn use and convenience Cf ad taunts to long as adequate facilties in common are made evadable er the Tenant lianas Tenant and its employees shall park their can oily it those portions of the Common Areas designated from time to tine for that ptrvvse by Landlord Tenant shall(lirnidi Landlord with State automobile Some ntmibers assigned to Tenant's car or cars and can of its employees with Eve(5)deys after tak:g possession of the Premises and shad tha.alter notify Landlord of any changes**his fire(5)days after such changes occur.O Tenant,a is employees fail to park then cars in the designated Common Areas.Landlord dial have the right in its sole decraion to(a)charge Tenant Ten(310.00)Dollars per day,pet car parked in any Common Area other that these designated,aaVa Its)have such carts)physically removed from the Shopping Canter at Tenant's expense without Eabeiity whatsoever to Lanford. Tentative Monthly Operates Chang(Sir C.A.M.tide 16.25) Tenant shall pay to Lan lord,as additional rent,Tenants proportionate share of the cost and expense of mmeuali g and operating the Common Area The Cannon Area expenses chargeable to the Tenant shall be that portion of ad expenses incurred in operso g and maintaining the Comrmon Area in the ratio that the square footage of all bo2dmgs erected n said shopping center.In any expansion of the demised remises the base for the evasion area sea be+aabrahed by the sears Walla as that used in the est::tance.Using the formula enumerated in this article Landlord shell at the beginning d the lean terra and each annual anrauerwy date thereafter estimate the Canm ion Area expenses that are chargeable agaiwt uw demised premises far that year.The terry shall on the fest day of the Wass terns and each aural are:versary date thereafter pay to die Landlord,ae such piece as Laredo*shall designate es wai ng boon three to tim said addtonal rental for Common Area expenses that are(stewed by he Landlord that are chargeable against the demised premises for that year. Notwi lntandry the above,Y the Tenant i;trot es default under the tams of this lease,the Tenant may pay sad addsionafnntal For Common Area expenses in equal monthly instalments,on the floss day d each month,in adorn.droarmeKing moron the fast day d the lease tern* provided,however.in the even the fret dry of din lease term shell rapt be on the Ern day of a eahandar math,then the additional roe(or Common Ares eq:onses for such month shat be prorated on a daffy basis and shad be payable upon the dare at occupancy. At any time during the lease perm the Landlord may revise is eoinate o{the Common Ares expanses that an chargeable against the darieed t renews The"awn due under die adds shad be a tsated to reflect the new estimate al Common Area acnerees that are chargeable against the demised premises. it at the end of Bads"Caramel Area operating year the+moat of the addttiond rent that was due for Common Area expenses that are chargeable agaigt the demised poetises exceed the Landlords atirnue of same,the tent shad pry such excess to the Landlord on 6 demand.It at the ad of each n non premises operating leu amount d the additional rental that was due for C Pertses that I y. Ni' charges*Amin the Landlords estimate of same the tandlord:han and dii t flaex mgdefinitioihshall appllr:Each period of twelve endtheber31,dalFathe �. period sfel lel wihin the tams of this tare,shalt ewW ihpe a n operating c year',h rein referred e d to it onb a 9I,dal/d Any ha4ion d an operating Year between the date when the rants Unite: ereferred and heron Merrell to a Ent full ratan'.Any • and any fraction of any quoins year within the term hereof commence Lot full bed g g r shat carotene t atin bacbaW vvmeang a mus=el the Wiring after the end d file th fun opaatns yell xpe ses d be thuomelet Cannon Area which steal be open to inpecoon of Tenw.Such caws and expenses shad be those at .- reasonable and r'►snneling and ocenteg the C Area(whether Weems located within or outside the$ftoppirg Center)in a mariner deemed by L d expensas of of the Tattle of the Shopping Center expel►and op against reDaxtng. i g,�4,p+ 9,uwwiig�+ g liabrgty it r p,ersc al eaves and litre of ndiforar,insurance rhs t and theft or other cassaba) 9 d old steam ewer.sawn °ruts.death and prop�y employment taxes),electronieiatrsion wteleph``calls system mewls. , sourance against y�h Workman i Compensation.entrance covering a �devices, chins d&lee area ocoalig is and gout the !r bads for paaorme4 u° ►yes!th Cermet)Atµregthean d Ira k,feu for permits. taus,cat and Mss,Pate 9 Maurine*ton dian nature)dreplaanencdpaving parking Ong,daage,oaths and be added a sue COnalluOidd oosnda +(25%)th ered ter�ayr Common Area.Such costs arr�d inm sisals ldtheebttwshay s hone. aFhltaa nature.t>robt or interest n 1a+cionde ehxartmaht,tart and:wrmioeor other than as t r • ARTICLE XVI 16.01 NOTICES: h`c.ANIEOILS All notices,elections.demands,musts and other sell steel be sou by unified or registered a0 hereunder shall be in wrtitirry signed by the party making the earns • m • ad,Postage prepaid.a ddiessee • ToLandlord Plantation Partnership, A Florida General Partnership 801 Laurel Oak Drive, Suite 0410 Naples, FL 33963 :. To Tenant Orange County, State of North Carolina 300 W. Tryon Street Hillsborough, NC 27278 or at such other Menne es noir is er be designated in writes by either pertly hereto.The tine and dare on which mail w postmarked shall • be the brie and date on which correnu ication it deemed to heue been given. 16.02 BROKERAGE: Tenant else)indemnify and hold htvmisas Landlord against and it r be assessed amt Landlord by any broker Cr other person on the b dofa( yrr arrangements and adieu.,agreements Losses,ants mss and expged+to hem man _ made by or on WWI of Town in respect al the narosctiau herein an a�eerrhaus made or alleged to tent.been I6.03 EQUITABLE REMEDIES: and tfhat�as spect6caly o revise provided,the Parries agree filar tiler obrVaeioao hereunder shall be enereeable by seeMr* landlord are Tenant than be entitled to restraint by irqunchen of the violation or an..,rpted Cr threatened fie' terms.cOinmanci,condition.provision ce agreements o f this lease.Except violation of any of to which the potties may resort under the remmns d this Lease are ep"'here stared to be exclusive or sde,the specified rtnxdies to d redrew to which either party may be Lntvluly entitled b case and are not headed to be esctusius dam other rerre�ed err means 16"41 NO WAIVER any breach or threatened breach of any provision of this Lease. ; The failure by the Landlord to east in any one or more codes upon the strict performance of any of the temsa, Prevision*or agreements of this finis that not be covenants,conrbtiom, `"'.:-- or agreereent red as a waiver or a re6mq�ynertt afar"sash torts,coverharmt,condition, 1646 ENTIRE AGM. •The kale eanrawhs the . contained herbs shall be tilting upon Party to parries hereto,and no promised agreements,mare or stipulativna not 16.04 LANDLORD.RIGNr TO CURE In the event Tenant`)mould fad to k*dIn t seal have the Pannnn any of o heretmder,at ri¢u,a its ophfon;to perform such obegstioro on behalf d Tenanto at a ant ha or by law, �d as attritional rental hereunder,al costs and expanses an inevried mss+cent.In such event,Tenant on pay n the. such amines elms)bear interest at the rate of ham(10%)pours hors the g reasonable auormaeys re,e,wen demand, 16.07 CAPTIONS: anmouros are incurred hrnol paid q, • The captor' nasal hearings ngs dvor ut this lease are for _ b�el Of deemed to dedahht.brat,dq�p�.Vie,net ey antordy.or add to the r e'- ,cottstme on a meaning d any prwisihoe of Ono way scope or anent of this Lease.nor in any way+flea the Lease, 164$SUCCESSORS AND ASSIGNS This Lease.and each and every provision bred,steal be � •_.. a1Cc succ 'Mite.Legal hej a upon and sisal inure to the benefit of Landlord and Tenant.their respective to c ssy out and execute iii pLeg aera�Wits and assigns,to execute any instruments which necessary or e any and an such aptruments, thrum is successors, atvrrirMgte.>�Wives.theirs and assigns,to 1649 SEVE7tAB0.tfV: In the�u any provision provision this 1 q to be invalid or mehs�r ceabk,such umvafiday on mvmetdvrce ty not affect the validity or a Ins a runt d any ether of thi 7 16.10 MODIFICATION: No change Of modEtw.anon of this Lease is leki to be valid or bindlng upon the parses Wan unless such charge or rnothricaticn shall be in veep and awed by the pony agana t whom des sane o sought to be enforced 16 I1 NUMBER AND GENDER: 1 Le Whenever required by the content.the mauler member sIW include the feminine and neuter. t 16.12 ESTATE FOR YEARSc This Lease shell be construed as crane)an estate nor years. 16.13 STATUS OF LEASE. The Landbrd and Tenet each agree to cal*in welting the status of this lease and the easel payable heteundes.at any acne upon bee(5) days written notice.Such en-0c to shah bt Vs a keen reasonably satisfactory to any g3verrrnennl aughorMya piddle agency*:a prospective ' purchaser from or assigns«wbIesseeafar Mlderala security instrument executed by,Lard order Ten nt.ae the case may be.Inaddlion to any oter matters required such cads:a m shell curtly the commencement date of the Was term and the ante i ated tem:nation data thttnerL whetter as not this Lease I in 101 Woe and whether or not this Wee has been amended or modified.and'I sot sacra rg the particulars of such arnaxlment or msdbemort and attaching a copy d such a thinnest CC mot&Ca k e w the centime.schemer onset this Maas is in dedadt,and,if so.spsthitg the paetichxus al such default and the action required to remedy ic and whether or not thews we any wolfs agent nt or defetna to the erioratmax tithe terms and ccnditioru of this leans.and.I so.specifying to particulars of such scoffer* ddea.a. 16.14 CO(R TFAPARTSt • This has has been moused it a manger of counterparts.all of which shed for al purposes be deemed an arising binc8ng or Lanford and Tenant. 16.15 DELAY: Landlord or Tenant is delayed or prevented from performing any of its obfigshons under this Lease by reasoned strike at labor troubles or any outside cause whatsoever beyad Lend:etre or Tenant's reasonable corded.the Perini of such delay or such prevention shat be deemed added to the time herein provided for the performance of any such Wigs/ions by Landlord or Tenant. 16.16 APPLICABLE LAW This lass shall be govere rd by and aonetntsd in accordance with the laws d the State of Fk rids,The vents for any acticxr shalbe Collies County,Florida 1637 RUES AND REGULATIONS: Ths rules and regulations,,2 any.appended to the Lease are hereby made a part of this Lease.artdlawn egress to corn*with and , observe the same.Tenant's failure to keep and observe said odes and regulations shall wWtitute a breach of the punt of this Lae is the manner as it the same were contained hasin as covaants.Landlord reserves the right from time to time to amend or implement said rules and regulations,if any,or(l none are appended)to make rules and resells/ices and to adopt and pnamukyte aeiaSahenal nudes and rs9tdaatkin applicable to the Darr'sad Premi es and the showing canter. Notice of such additional nubs and regdati re.and amendments and sappieashmp.I any,sisal be 9uah to TMaw and Tenant agrees thereupon a=imply with and obsieeve al such svke and regulations.and amencknerei thereon - 16.16 RIDER two (2) Rldais)c n 'y d— one C1L _ page(s)each Wary attached hereto and made a part bisect 1619 SALE OF CONTROL ti Tanga it a corporation ad if any°era*a,sale.pledge.or other dapcswion of any of the common sucked Tenant shall occur.or power to vets sad stock shall be changed.than Tense steal immedate;,s notify Landlord and Landlord shall hive the right.at a option.to terminate this Lease upon five(S)days notice to Tenet,lTaws a a partnership.and if any transfer.sal.Pledge Cr other diSperifan of any partnership :attest is Tenant shah occur,than Tenant shall immediately notify Landlord and Landlord steal haw the right,as is optic.%to terminate this Lease tape=bw(61 days notes to Testa. 1630 EXCULPATION: The tenant agrees that Teat ehel bade sddy to Landlords i+tere e n the Shop ig Carte Powell which the Denied Prahtiyes as a part and Landlord's personal property used in connection herewith lent the satdfachorn of any darn.iudgemat or decree recedrbea the Pawned of money by Lad based an any default hereunder,and no other property or assets of Landlord,a afSL es,a._ .. partners.shareho dens,subsidaries.or wars,shall be subject to levy,mensal:s or other e+dorcamena ptocsdurca for the saddleiondaay with chin,judgement,rhiunetion or degree 16.21 RELATION OF PARTIER Nothing halt contained shat be deemed or coruaued by the parties hereto nor by any third parties as=swinging Landlord a parser of Tenant in the conduct al Tames business,or recreating the rdatienshhip of c rincipal aid agent or loin pen sea between the Perlin hereto,it being the intention of the Pardee hereto that the relationship between them 4 and shat at ii time dung the term d this lease be and remote that of Landlord and Taws only. 1622 RECAPTURE It is hereby agreed between the Landlord and Taw*that it the were Tenant's sake inoe from the Demised Pee roses Isary calendar year during the term of this lease do not exceed$ N/A Landlord may,by giving Tenant writtenn node*within sixty(60)days following the and of any such year d:alsel this Lose and Tenant agrees to vacaoe the premises on the first day of the second fug math Wowing . the month in which Taws waved the aforesaid noticed cancellation horn the Landlord. 162J E7LPEi+SES: The Tenant agrees to bear and pay alecpense(inckhdeng reasonable atforswy's(see for legal services of every kind)doe incidental to the sofas anent d any provisione lend,ar the a orvemea.commonness oc eettiemae of this Lease.for the ceairg thereof.cr defwdasg or a s e e s t e l 0 the rights and claim of the Landorrd n respect t h e n t o L by won or otherwise.Not i t h s t a w a g ais,d g lheot tweaked so the contrary,the Tenant hereby waiver vial by easy and further waives die right to inerpoet any thieve.weed or cowtaclain wisataMer to any • action brongt by the Landlord to ado=is rights hereunder. 9 :."./ L STORE PREPARATION „ LANDLORIY$RESPONSSILITIES: Ill Single.door scow bore as designed For Swim/Camer. (21 Cannot&tom (3)Simattock mils,&tieback teemd to IV high. (4)Lavatory. (S)Sad rem door. (6)Acoustical Cairo rn noterana fight fixtures por cede. (6)Shone wed cadets per code. (9)Ak condirketer per cock iN WITNESS WHEREOF,Landlord and Tenant haw towed this Lease to be executed under sal the day and year firse above winos. WITNESS: LANDLORD Plantation Partnership A Florida General Partnership WITNESS; TENAK Orange County, State of NC 9 .' • , • . RIDER TO THAT CERTAIN LEASE BETWEEN Plantation Partnership, A Florida General Parsneich ,ps LANDLORD AND -� Orange Counry. S . - • .. - .AS TENANT. DATED. The Wowing provisions are hereby:eluded in and made a part of the about:reference lase.To the extent that the following provisions <alga w+de an Provision in the loregoinl lease.the provisias contained a this R iM steal control. ARTICLE XVI Paragraph 25.COMMON AREA MAINTINANCE Oxman n Area Maintenance far the&rat corresponding year a1 this lease shall be_ $.40 -per square loon a1 Tenant's leasable arcs RIDER TO THAT CERTAIN LEASE BETWEEN Plenraririn arrnaraht”. A Florida Grn•r ,ASLANDLORDAND Orange Count State of North Carolina ,AS TENANT, DATED The a/ba ing provisions are hereby iscluda in and made•part o1 the thaw alas=lease.To the extent that the lolowe+g pewaiores comet with any prarbion in the amain lease,the provisions waited in this Riidv steal control. ARTICLE XVII 3.C5 REAL ESTATE TAXES,1a02 ALL PERILS INSURANCE.Rd Estate Taxa and A l Penis Insurance for the Cost esereeper►drag year of this lots ahal be, . $.58 —p r sq.IL d Tenant's leasable area. 10 . ._ , r . . . . .... .. • —. J. . . _ -, \ 1 . . %-. "••• ' i 1 _ ..t fi 4 ..... •• X (X, • 1 1 7 'J ,,f • P Pt' •.... 7: 4 / . i a Pi ... i • ... 7.--.. i , f /.......\ I° • % I.. / •.:, . ------: / i a• ,-h M r* 4 1-n 4 I / \ (•■• • ? I ' . 4..... 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P •• ,,, r a ir ' r) > i Si9.= 1 n - A •-• NI %4 . 1 P gip . . w. •I•• > = • P. % / i i4 % •. r . I CIII ; li• / ..il• 1 . - , , . "EXHIBIT A" 20C. ORANGE COUNTY Action BOARD OF COMMISSIONERS Item No. ACTION AGENDA ITEM ABSTRACT MEETING DATE November 3, 1986 • Subject: APPOINTMENTS Department: BOARD OF COMMISSIONERS I I Public Hearing: Yes X no 1 Attachments: Tnformation Contact: Beverly A. Blythe Under Separate Cover Phone Numbers: 732-8181, 968-4501, 227-0231 PURPOSE: To maintain membership at effective levels on Commissioners' appointed Boards. The following vacancies are announced together with the indication of the status of securing candidates for possible appointment consideration: A-12 - PRIVATE INDUSTRY COUNCIL - 1 vacancy; no resumes have been received. A-13 - RECREATION AND PARKS ADVISORY COUNCIL - 2 vacancies; no recommendation has been received. O-10 - NURSING HOME COMMUNITY ADVISORY COMMITTEE - 1 vacancy; Lynn Bechard does desire to be reappointed. C-5 - HILLSBOROUGH BOARD OF ADJUSTMENT - 1 vacancy (Gilchrist does not live in the extraterritorial Jurisdiction of Hillsborough) . NOne (1) resume is - submitted for consideration. C-7 - ORANGE COUNTY BOARD OF ADJUSTMENT - 1 vacancy; Four (4) resumes are submitted for consideration. C-8 ORANGE COUNTY PLANNING BOARD -1 vacancy (Bingham Township) 1 resume is submitted for consideration. LOW/MODERATE INCOME HOUSING TASK FORCE - Martha Branscombe has been recommended to serve on this task force. LONG RANGE WATER MANAGEMENT STRATEGY COMMITTEE - Recommendations have been received. Motion was made by Commissioner Carey, seconded by Chair Willhoit to draw up an engineering service agreement to be brought back to the Board for approval to proceed with the engineering design to raise the level of Lake Orange by one foot but for the design to be capable of raising the Lake two feet with the use of flashboards and to further authorize the County Manager to complete a survey of the Lake Orange property owners to determine their concerns about and support for this project. NOVEMBER 3, 1986 ORANGE COUNTY COMMISSIONERS MEETING MR. CHAIRMAN, I MOVE THAT ARTICLE 6.21.1(a)(2) OF THE ORANGE COUNTY ZONING ORDINANCE, AS AMENDED MARCH 18, 1986, THE EXACT WORDING OF WHICH READS AS FOLLOWS: ". . . and (2) that the space be improved in accordance with, , Subsection 7.20.4(a) of this Ordinance." �. BE DELETED FROM THE ORDINANCE. ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY WWILOYE EFERLETRMARW/ALL NORMAN WALKER DON WILLHOIT November 11, 1986 Mr. Greg Feller Town of Chapel Hill Chapel Hill, North -Carolina 27514 Dear Mr. Feller: The enforcement agreement between the Town of Chapel Hill and Orange County permitting the Orange County Sedimen- tation and Erosion Control Officer to enforce the Chapel Hill Soil Erosion and Sedimentati.n Ordinance within the Town limits, including portions 1. ated in Durham County was approved by the Orange County .-1r..-;rd of CommisgApners at their meeting held on November 3, 190‘ , _ A , The fifth. ,• in WAA149..00.., to read as follows: 4" ';` "Th- .the Board of i'*Sertent upon mut ordrrrc& ari the 1**,744 and County 'etteab1,444,:; upon:, ' steinent this ag • LVi „ 44.payi If any PttiOn. 8.4rtlytIor=_tgtif*eataoqf2tipa40f*i7rtr*e-,-AAe do not hesitate to contact my office. Sincerely, Beverly A. Blythe Clerk We the following landowners of waterfront property of Lake Orange, Orange County North Carolina, are in favor of raising the level of Lake Orange two feet (24") Efrom elevation 614 to elevation 6163, provided the County of Orange take neccessary steps to insure that no Lake Orange Lake- $ front property be lessened in value by the Lake Level i inorease proposed. Landowners Name r Address Phone Date , 1) x---t-l-Li—0_..cILL-4-t-P-1.14 ) R,1 - el /3 4)-1--e16,-i 4. , , -( -c-i-1 , ( i 0/- Cri/Th i 2) ),7-ej‘&-PL X11"64.41-`` eg 7 1 aFP Aeggit, It 2 a W P.30—JV f/ i .. _ . - /ely.Vd:4 : 3) AcAk C\ , &-tkr 13.to, at 1 CRAK btON- 1112-V4 /0/y/ vo 4) -644-ShibtaiJ dtito(4-- Co 4 12_( 732.-707a. .5) 0 eakrb 4- ,z3, (t)4., 70 at: Ri- Ji 4291 732 -o3or /'/3'/4 1 6) 432iie y ,* & 14 / 29s s 7 22-4/as-K 1 eite/16 4 /. Pi . 1 .ed 005 ys,24,is-9 /o/n/e 6114mA0044Agi , F 4 , Bew 6, cf. CeJA0t."VC- 3z. On lot si 18 9) ,S e/if 4-1 -7--- 1---/Ps /P7-/ 4)t).-al a e 41,4,a-nag, --- /434 ,247-tiye 1O ,,_ ,„„. A/36-)e oird al,zt tgi/„.0e_4 it e ArezIf /4E/a/fr:. 1 1) / .4. - /%., ...24c2.40.0,-/ 2,efe,-.1- /606 J.Zige-444-_-e-,0 ,Z-•,,,W. 73 -31 ig 96 0 - • / 1°6 pit /004 . - . .c 73 V% 1 2) d/ .1 . ..... /de 1 i 13) AeV , ,sf ,-- rig fi(4frdock C. gig s c 41 c PC 731-FiSO 14) atAA4 441i1' a02. ervc OM /414444, ,,,) "<-,17-1(419 _,,...- 11-f . . ele.,,,,.. 71.---. /.,,g;.---.. --/--1--.7-/7:9-1...._ r#A 4-fe • . . ... _. Landowners Name Address Phone Date Box Yo n 2 2116- i rfire/480zort.so,t/.6 17) 2.72- 2i (14/1 de,- 614,41fr) er 7p.- "0441494,/,i&z) Iht-pee4dose X.c. g994v- 4/86 tc,44l i4)c r. 2 e. 1A 4 roeis4 61,40 18) ai . li 4454) MI $41 hft a- 4n d , 19) 7 , L r v I (D) fr . , ,,/ ea, 4•11 9oe ,14/14-4466Goki t. _ c 11 /1-1-16 .73-2-ozsgs 21 ) leagyak /1A)7 VeaVtaft ,Javni;_e.44_, 7.ggivtage, .._ .a.1,6e9C av-6-) e-ed4elL A4T1).C., 22) &rub° f eja tine *j FO l e e 11- %) a I 32 6q/f 113cdoc 4 w . .4331;157 23) er."4,11-- 44:"104.--(/-. 7-1fdraii's , • - Cik 84„g5.,40144,//012.0.074A ?wee I 24) latkijlj 1° ' ) 11*--#1 481673 gAAA-41-4-,-, 14 A -27.ais xl- r . 25) •7)7,b -, ' ' ) . 40-01 1°14>of /07, `1142.474C .27,47p- liAm 26) :77:ir a r OA P / Ae 9 4 q P Vt /26 ,ibe,v 7) W Et 1/Co ..11 e.(8A/r e, Or—. fc),M as) 444.4„. 014priffieega (r Z- eci,e3s-o II( i(stvz.011, ( Itt, ri --3 - 29) 30) 31) i 32) 33) i 34) 35) .. 1 ,/ • NORTH CAROLINA AGREEMENT ORANGE COUNTY The Agreement made and entered into the Seel day of /gaemier 1986, by and between Orange County (County) and the Town of Chapel Hill (Town) for enforcement of Soil Erosion and Sedimenta- tion (SE&S) Control regulations: WITNESSETH WHEREAS, the Orange County SE&S Officer and staff have enforced the County SE&S Ordinance in Chapel Hill since the mid-1970 's pursuant to resolutions adopted by the Town of Chapel Hill in 1976 and 1979, and pursuant to N.C.G.S. 153A-122; and WHEREAS, on August 31, 1986, the Town of Chapel Hill annexed certain areas in Durham County, and on September 22 the Town Council adopted SE&S regulations substantially identical to the Orange County SE&S Ordinance so that said Town regulations will apply in all of the Town of Chapel Hill including areas of Durham County; and WHEREAS, the Town and County desire to continue enforcement procedures for consistency in all of the Town pursuant to an agreement under G.S. 160A-461; NOW THEREFORE the Town and County hereby agree as follows:. 1. - Orange County shall administer and enforce the Chapel Hill Soil Erosion and Sedimentation Ordinance in the Town of Chapel Hill, including areas outside Orange County, on behalf of the Town. Administration shall include by way of illustration without limitation, processing applications, field inspections, maintaining files and records, and issuing notices. 2. The Erosion Control Officer shall inform the Town' s Director of Inspections of actions such as revocation of permits, imposition of requirements in addition to those in approved SE&S plans, appeals, and of other items of which the Erosion Control Officer desires to inform the Town; and shall in addition by letter notify the Town Manager of such actions. 3. Orange County shall appoint the Erosion Control Officer and shall establish application fees subject to review and approval by the Town if such fees differ from those applica- ble in Orange County areas outside of the Town of Chapel Hill. 4. This agreement shall continue until terminated. The Town or the County may terminate this agreement upon 120 days ' advance written notice to the County Manager or Town Man- ager, as appropriate. S. The Town Manager or his designee and the Board of County Commissioners may amend this agreement upon mutual concur- rence and the Town Manager or County Manager may establish, upon mutual concurrence, administrative procedures to supplement this agreement. IN WITNESS WHEREOF, the Town and County have caused this instru- ment to be executed by the Town Manager and County Manager, and they have hereunto set their hands and seals on the day and year first above written. VU Date: / .2--A For Orange C• my _ Attest: f 'I iff flf � Date: //—/9- der-04014 ,Ole S:::7441'.7 r'' , -J:=',,,,ft: "2-2-,- 0- a- : /C2-/5--.-^ For the Town of Cha•- H' _ � 3':`47,4---i-77=‘!"-.__�_, . A. rft.4 �, ;7 7T of.r Attest: i_.. _ ■ , 4� '--...,:p .' t. 4 `Y,,-:is-t ,`: /^1■ ..,.' ,i r jf y: "f '".{.i ce n Qv —Approved as to form and authorization: .11_.4 I .r...• - Date: L2-72-0 To - Attorn This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ^ "� t —�` Date: / '7,- 7 as�. AL Las F. n• nce Director COUNTY OF ORANGE EMERGENCY AID AND ASSISTANCE CERTIFICATE. WIMREAS;, the MEBAIVE' 'If;E DEPARTS provides-.quality emergency medical services to the citizens' of Orange' .•County; and WHEREAS, there has been .demonstrated 'that .the public- convenience.-and :nieces ity require the MEBANE FIRE DEPARTMENT to orate•. in .th$s,'county:..ta provide essential services to' the citizens: ot orange County; and, WHEREAS, the MEBANE.FIR* E'DEPARTMENT ' has 4ndi6ated:•.that• it';:wilX _ comply with the terms-and conditions prescribed by An. Ordinance 'Reolating the Operation of Ambulance .Services and. the.• Administration of Emergency Medical Assistance in Orange County, North'Carolina, •the•Board 'of-County.Comm issidners: o 'Orange County hereby•' ssues an fergency Aad• and Assistance Certificate'•to • MEBANE FARE DEPAQ, 3E1�T' -- four=:the'.years. 198�'� $ • ' xn issuing'this certiAcate 'it is uhderstood that. the MEBANE FIRE DEPARTMEi�T will meat the- following •terms .and conditions:. RESPOND TO LEQUEST EMERGENCY AID ASSISTANCE AND'T6 ADMINISTER MEDTCM; AID ,. •AND ASSISTANCE TO PATIEf dS tN•:EMERGENCY-MEDICAL .SMIA'TIQ1'S IN',tH :AMA:W.-ORANGE.' COUNTY BEING PROVIDED FIRE-PROTECTION BY MEBANE FIRE DEPART'AJENT: - - ' ' , .:. - • ' , . '' Gtta x�►ar�� . oar o ottn..Y ,-. ss on s • .-. •• _ AGREEMENT for APPRAISAL SERVICES IN CONNECTION WITH THE ACQUISITION OF LAND between COUNTY OF ORANGE, NORTH CAROLINA and KATHLEEN K. BUCK, APPRAISER ROUTE 5, BOX 90 CHAPEL HILL, N.C. ARTICLES OF AGREEMENT THIS AGREEMENT, entered into this 3rd day of November 19 86 by and between the County of Orange, North Carolina (herein called the "COUNTY") and Kathleen K. Buck, Appraiser, North Carolina (herein called the "APPRAISER") . W I T N E S S E T H: THAT WHEREAS, the COUNTY is considering making sewer improvements in the Efland Community; and. WHEREAS, the COUNTY in implementing this project pro- poses to secure sewer easements in the Efland Community (herein called the "Project Area") and desires that the APPRAISER furnish an appraisal of certain properties; and WHEREAS, the APPRAISER represents that he/she is author- ized and qualified to do such work and is familiar with recognized appraisal practices, with standards required for determining values, particularly in eminent domain proceed- ings, with negotiation procedures in the acquisition of real property, and has the ability to complete the work in a successful and timely manner; and WHEREAS, the COUNTY has likewise indicated its desire to engage the APPRAISER to render professional services and assistance in connection therewith; and NOW, THEREFORE, the COUNTY and the APPRAISER, in consi- deration of these premises and of the mutual convenants herein set forth, do mutually agree as follows: SECTION I PROPERTY TO BE APPRAISED A description of the real property to be appraised, including an identification of any interest in the real property to be specifically excluded from appraisal, are set forth in the attached Exhibit A. A separate appraisal is to be furnished for each "parcel. " The term "parcel" means any tract or contiguous tracts of land in the same ownership, whether any such tract consists of one or more platted lots or a fractional part of a lot. An easement or other separately held interest in two or more parcels shall be considered to be a separate parcel for appraisal purposes and an exception to the title to the parcels so encumbered. An easement in a parcel that is appurtenant to another parcel to be acquired by the COUNTY shall be considered to be part of such other parcel and an exception to the title of the parcel encumbered. ) Each parcel shall be considered to include all right, title, and interest of the owner in or to any adjacent or abutting streets, alleys, or other public rights-of-way. SECTION II PURPOSE AND BASIS OF VALUATIONS 1. Purpose of Significance of Appraisals. The appraisals to be furnished under this agreement are required by the COUNTY for its guidance in making fair and impartial determinations of possible damages and the just compensation to be offered to each property owner. The APPRAISER shall be guided by those objectives when estimating values. Appraisal reports will be reviewed carefully by the COUNTY. Accord- ingly, the text of each appraisal report must cover all matters germane to the required valuation findings and must provide a full explanation of the APPRAISER'S reasoning and his analyses of the evidences of value, so that a reviewer will be able to follow the APPRAISER'S analyses and understand how he reached his valuation conclusions. 2 . Appraisal Standards. The Appraisals under this agreement shall be based on nationally recognized appraisal standards and techniques to the extent that such principals are consistent with the concepts of value and the rules on the admissibility of evidence of value under the eminent domain law of the State. Factors relating to race, color, religion, sex or national origin, or to racial, religious and ethnic identification of neighborhoods are not relevant to the estimation of value and shall not be considered in connection with appraisals of residential real property. 3 . Date of Valuation. The APPRAISER'S valuation shall be as of a date concurrent with the preparation of his report, unless the COUNTY has specified some other date of valuation. 4. Influence of Project on Property Value. In forming his opinion(s) , the APPRAISER shall disregard any decrease or increase in the fair market value of the real property to be acquired, prior to the date of valuation, caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for such project, other than that due to physical deterioration within the reasonable control of the owner. (In the case of a partial acquisition, using the before-and- after method of valuation, the APPRAISER'S opinion of the value of the remaining not-to-be-acquired portion of the property shall reflect any increase or decrease in value attributable to the project. ) If the determination of changes in value caused by the project is a problem, the APPRAISER'S report shall cite the ruling followed and its source and shall explain the effect of the ruling on his opinion of value. SECTION III SCOPE OF SERVICES The APPRAISER agrees to perform the following services: 1. Appraisals. Appraise each parcel comprising part of the real property described in SECTION I of this agreement and deliver to the COUNTY are (1) original and two (2) copies of the appraisal reports conforming to the provisions of this agreement. The time delivery for these appraisals shall conform to the provisions of SECTION VI. 2. Property Inspection. Personally inspect each parcel, including all buildings; structures, improvements, fixtures, appurtenances, and other elements of value thereon or belonging thereto. If the APPRAISER'S inspection or investigation discloses a sale of a portion of a parcel by an unrecorded contract of sale or otherwise, the APPRAISER shall furnish separate reports for each separately owned portion of the parcel. If another APPRAISER is also to appraise the same property, the APPRAISER may make his inspection with such other appraiser, but must otherwise prepare his appraisal report independently. 3. Valuation Data. Make such investigations, studies, and property inspections as are appropriate to enable the APPRAISER to derive sound conclusions and to prepare the appraisal reports to be furnished under this agreement. The APPRAISER shall ascertain the most recent sale of each property appraised and any other sales of such property during the last five years or in accordance preced- ing the appraisal and shall investigate any recent offer or offers of the owner to sell his property. Such sale or sales of the property appraised and all recent sales of other properties that are sufficiently comparable to the property being appraised to be considered by the APPRAISER in forming his opinion of fair market value shall be verified insofar as practical. Each such verification shall include inspecting the property and interviewing the seller, buyer, agent, or other person, who participated in the transaction, to ascer- tain the consideration paid, the terms and conditions of the sale, any special factors affecting the amount of the sale price, and the actual character and ,condition of the property at the time of sale. 4. Testimony in Judicial Proceedings. Testify as an expert witness in behalf of the COUNTY in any judicial proceedings involving any property appraised under this agreement. Such services shall include such reasonable time as may be required for reinspection of the property, updating the APPRAISER'S valuation, participation in pre-trial con- ferences with counsel for the COUNTY, and testifying in the judicial proceeding. Such services shall be compensated in accordance with SECTION VI. 5. Modification of Delivered Appraisal Reports. Modify or furnish supplements to any appraisal report fur- nished hereunder, without additional cost to the COUNTY, if (a) applicable principles of law with respect to the valua- tion of the property require the modification or supplement- ing of such appraisal, (b) material omissions, inaccuracies, or defects in the appraisal report are discovered after delivery and acceptance of the report by the COUNTY, or (c) the APPRAISER receives or becomes aware of relevant addi- i. tional appraisal information in existence prior to the date the APPRAISER signed the report. If there is a significant delay between the date of valuation and the date of acquisi- tion of any parcel or if the property has been materially altered since the appraisal by a fire, a revised determina- tion of the boundaries or the interest to be acquired, or other cause, the APPRAISER shall, if requested by the COUNTY, furnish the COUNTY a supplementary report updating his valuation and the supporting data and analyses to a current date. The compensation for such updating of an appraisal shall be determined in accordance with any applicable provi- sions of this agreement. } • 6. Reservations in Owners. Furnish the COUNTY, if requested by the COUNTY the APPRAISER'S estimate of the value of any right or interest proposed to be reserved by the owner in a property appraised by the APPRAISER, including such reservations as mineral rights, an easement for access to other property of the owner, the right to continue occupancy for an extended period after the COUNTY acquired the pro- perty, or the right to remove any building, structure, fixture or other improvement, or a part thereof, at the owner's expense and without cost to the COUNTY. The compen- sation to be paid to the APPRAISER for furnishing any such valuations, and such data and analyses as may be required to support the valuations shall be determined, as applicable, in accordance with the provisions of SECTION VI. 7. Retention of Appraisal Records. Retain a copy of each appraisal report and all notes and records germane to the appraisal for three years after delivering the appraisal report to the COUNTY or until the property is acquired by the COUNTY or its proposed acquisition of the property is aband- oned, whichever is the later. 8. Consultation with COUNTY. Advise and consult with the COUNTY and its legal counsel regarding services performed and to be performed by the APPRAISER and the real property acquisition aspects of the COUNTY plan and programs as related to the properties involved in this agreement, at such time or times as may be mutually convenient for the parties to this agreement, without additional charge to the Agency. The APPRAISER shall initiate such consultations whenever he is in doubt as to whether an element of property is real or personal property or needs legal advise on any aspect of the appraisals to be furnished under this agreement. There shall be no charge by any party for such consultations except as may be outlined in SECTION VI. SECTION IV CONTENTS OF APPRAISAL REPORTS Each appraisal report to be furnished by the APPRAISER under this agreement shall contain certain information and the APPRAISER'S conclusions and opinions, together with the data and analyses by which they were derived, as set forth below. A separate report shall be submitted for each parcel. However, if more than one parcel is to be appraised, all general data may be included in separate data volume that is referenced in the separate appraisal reports on the indivi- dual parcels. The appraisal reports on each parcel shall include the following: 1. Appraisal Summary. A cover sheet headed "Appraisal Report for the County of Orange, North Carolina that provides the following: a. Project name and number. (To be provided by County) . b. Date of report. c. Parcel number, address of the property, brief identification of the interest in the property appraised, and the name of the owner of owners. d. Date or dates of the APPRAISER'S inspection of the property. Identify any owners of a compensable interest in the property, who were not present or represented during the APPRAISER'S inspection, including identification of the interest in the property held by each such owner. e. The APPRAISER'S estimate of the fair market value of the property and the fair market value of the same interest in the land, if vacant. f. Any other fact or conclusion from the APPRAISER'S report which the COUNTY requests the APPRAISER to include on the summary page. g. The limiting conditions of the appraisal, which may include assumptions (1) that the title is good and marketable, (2) that no responsibility is assumed by the APPRAISER for legal matters, especially those affecting the title to the property, (3) that the legal description of the property and the interest therein to be appraised, furnished to the APPRAISER by the COUNTY, is correct, and (4) that no survey of the property has been made. Any other appropriate assumption or limiting condition may be added if it has been specifically approved in writing by the COUNTY. h. The certifications of the APPRAISER (1) that he personally made a thorough inspection of the property, (2) that, to the best of his knowledge and belief, everything contained in the report is true and no relevant and important fact has been omitted, (3) that neither his employment nor his compensation is contingent on the valuation reported, and (4) that he has no past, present, or prospective interest (including that of real estate agent or broker) in the property, the parties involved, or any other interest that would conflict in any way with services performed or the making of an impartial report. i. A certification that, in the APPRAISER'S opinion, the fair market value of the property is (an amount to be stated) as of (the date of valuation deter- mined in accordance with SECTION II 3 of this agreement) . j . The signature of the APPRAISER. 2. Ownership. The name and address of the owner of the property and the name and the address, if known of any other party known or believed to hold a separate compensable interest in the property. For any party listed as holding a separate compensable interest in the property, furnish a description of the interest when providing the property delineation in accordance with SECTION IV of this agreement. 3. Property Data. Description of the property, including information pertinent to the appraisal with respect to such matters as (a) the environment and location of the property, (b) the zoning and any restrictive convenants, conditions, or servitudes affecting the available use or occupancy of the land, (c) the assessed value of the real property and the current annual real estate tax burden, (d) the use and occupancy of the property at time of appraisal, (e) the public improvements, services, and utilities serving and providing access to the property, (f) the character, topography, dimensions, and area of the land, (g) the freedom of the property from or susceptibility to special hazards, (h) the current rental and rental history of the property, if rented, (i) the estimated annual costs of ownership and for operation and maintenance of the property, and (j) a descrip- tion of the buildings, structures, fixtures, and other improvements if any, appurtenant to the land, including relevant information as to type of improvement, designed use, construction materials and finish, equipment, dimensions, floor area, age, condition, space or room arrangement, functional utility, and any other characteristics or attri- butes of the improvements germane to the value of the real property. The appraisal report shall contain a sketch plat showing the shape and dimensions of the land, the location of the principal improvements on the land, the location of any easements in the land, and the abutting streets, alleys, or other public rights-of-way. The report shall also include such exterior and interior photographs, each clearly identi- fied, as are appropriate as part of the description of the property. 4. Legal and Title Matters Affecting Value. Report of any official citations or personal observations by the APPRAISER of any condition or occupancy of the property in violation of law and any other legal or title matters affect- ing the available lawful uses or the value of the property. 5. Highest and Best Use. The APPRAISER'S opinion as to the highest and best use for the property. The appraisal reports shall also include the APPRAISER'S opinion as to any variations of such use and any other uses or kinds of use for which the property is reasonably suitable or adaptable. Any differences between the APPRAISER'S estimate of highest and best use and the actual use of the property at the time of valuation shall be explained. If the highest and best use is self-evident and not materially different from the actual existing use, a statement to that effect will suffice. However, if the property is unused vacant land or the highest and best use if found to differ significantly from the present use, the appraisal report shall contain the analyses by which the APPRAISER reached his conclusions as to the highest and best use and as to the relative suitability or adaptability of the property for any other available uses for which the property could reasonably be considered to be suitable or adaptable. The analysis of a potential use shall include consideration of relevant matters, such as the suitability of the location, the environment, and the legal and physical attributes of the property for such use, the estimated cost, if any, of converting the property to such use, and the supply, sale price levels, and relative desira- bility of other properties that would compete for the same kind of use. Because the APPRAISER'S finding as to the highest and best use is a conclusion that the property does not have a higher present value for any other use, the analysis of the property for the process of appraising the property and, therefore, may be included in the valuation analysis furnished in accordance with Paragraph 10 hereof. 6. Property Valuation and Appraisal Analysis. The opinion of the APPRAISER as the fair market value of the property. The appraisal report shall contain a description of the reasoning process used by the APPRAISER in reaching his conclusion as to value and all data and analyses needed to explain and support his valuation. The supporting data and analyses furnished in the appraisal report shall include, among other things, the following: a. An analysis of the property, as identified and described in accordance with the preceding para- graphs of this SECTION, from the point of view of evaluating the effect of its characteristics and attributes on its value for the available use or uses for which the property is best suited. Particular attention shall be given to the charac- teristics of the property most relevant to its value, such as, in the case of an investment property, the income potential and the expense of ownership, maintenance, and operation. b. Evaluation of information with respect to previous sales of the property appraised and any recent offers to the owner to sell the property. c. The data and the analyses that constitute the principle basis for the APPRAISER'S opinion of the fair market value. Information shall be furnished with respect to recent sales of other properties which are considered by the APPRAISER to be compar- able with, and the provide useful evidence of the value of, the property appraised. The information furnished with respect to each such comparable property and its sale shall include, among other pertinent facts, the names of the grantor and grantee, the date of the sale, the sale price, any special terms or conditions or circumstances of the sale that affected the transaction, and a descrip- tion of the property and its condition at the time of sale in sufficient detail for use in comparing it with the property appraised. The appraisal report shall contain the APPRAISER'S analysis of each comparable property and its sale in relation to the property appraised. The APPRAISER'S analy- sis in each case shall reflect consideration of, and appropriate allowances for, the difference in the time of the sale and the date of appraisal and the differences in the utility, desirability, and productivity of the properties that are pertinent to their relative value. The appraisal report shall contain a valuation data map showing the location of the property appraised and the compar able properties referred to in the appraisal report. d. All other information, analysis, and the estimates considered by the APPRAISER to be relevant to the estimation of the fair market value of the pro- perty. e. If the property appraised is part of a larger parcel in the same ownership or is less than the entire interest of the owner in the property, the appraisal report shall contain the APPRAISER'S opinion of just compensation for a taking of such property or interest, using the before-and-after method of valuation as interpreted under State law unless it is obvious that there would be no damages or benefits to the remaining property or interest of the owner. However, if the part or interest to be taken is such a small part of the whole property that the damages for the taking can be more accurately estimated directly, that method may be used if permitted under State law, without estimat- ing the fair market value of the entire property of the owner. The foregoing opinions of the APPRAISER shall be supported in his report by the data and analysis by which he reached his conclusions. The appraisal report shall also contain, for informa- tion purposes only (unless required by State Law) , the APPRAISER'S estimates of the fair market value of the to-be-acquired part or interest as part of the whole property and the net damages or benefits to the remaining property of the owner. If, in the opinion of the APPRAISER, acquisition of the part of, or interest in, the property proposed for acquisition would leave the owner with an uneconomic remnant, the APPRAISER shall furnish a separate estimate of the fair market value of the entire property and interests of the owner unless informed by the COUNTY that it does not have authority legally to acquire the remnant. A remainder parcel or interest shall be considered to be an uneconomic remnant if by itself it is not capable of being used economically. f. Such maps, plans, photographs, or other exhibits, as necessary, to explain or illustrate the analyses of the APPRAISER. g. The APPRAISER'S evaluation of the indications of value deduced from his separate analyses of the various evidences of value and an explanation of how he reached his final conclusion as the fair market value of the property. 7. Land Value. The opinion of the APPRAISER as to the fair market value of the land, if vacant. The valuation shall be for the same interest in the land as is to be acquired in the real property. The report shall contain information with respect to the available use or uses for which the land would be suitable if vacant, the opinion of the APPRAISER as to its highest and best use, and the APPRAISER'S analysis of the evidences of value and of the use potential by which he reached his conclusions as to the highest and best use and the land value. 8. Additional Findings in Certain Cases. Additional conclusions, if applicable, as follows: a. Parcels Comprised of Independently Marketable Properties. If the parcel is marketable as two or more separate properties, the appraisal report shall, in addition to furnishing the APPRAISER'S opinion of the fair market value of the entire parcel, identify each separately marketable pro- perty by street address and the actual or an assumed suitable legal description and provide a separate estimate of the fair market value of each such separately marketable property as an indepen- dent property. The appraisal report on the entire parcel in such a case may be presented as separate reports, one for each separately marketable pro- perty, with an overall report on all such proper- ties considered as a single property. Any difference between the sum of the APPRAISER'S opinions of the fair market value of the separately marketable properties and his opinion of the fair market value of the fair market value of the entire parcel shall be explained. b. Separately Held Interests. If there are sepa- rately held interests in the real property to be acquired, such as easements, leaseholds, air rights, life estates, and oil, gas, or mineral rights, and the division of ownership is not of such character as to destroy the practical unity of the property, the APPRAISER shall apportion his estimate of the fair market value of the property (all interests therein to be acquired) to each separately held interest. If a tenant owns any real property improvements which he has the right or obligation to remove at the expiration of his term, the apportionment between the landlord and the tenant shall be made in accordance with Para- graph c below. The report shall contain the data, analyses, and reasoning by which the APPRAISER made the apportionment. If the "unit rule" is regarded. , as not applicable because the division of ownership is such as to diminish the fair market value of the property as a whole, the separate interests involved shall be appraised separately. c. Tenant-Owned Improvements. If any buildings, structures, fixtures, or other improvements, com- prising part of the property appraised are identi- fied, as provided in Paragraph 5 of this agreement, as being the property of a tenant Who has the right or obligation to remove them at the expiration of his term, the APPRAISER shall apportion his esti- mate of the fair market value of the real property appraised, including the property of each such tenant, to the landowner and the tenant or tenants so that the amount apportioned to each tenant for his interest in the real property will be the greatest of (1) the fair market value of the tenant's leasehold interest in the property, (2) the amount which the tenant's property contributes to the fair market value of the property as a whole, or (3) the fair market value of the tenant's improvements for removal from the property. The appraisal report shall state the basis for the valuation of each tenant's interest and furnish the date and analyses on which such valuation was made. d. Owner-Occupant in a Multi-family or Mixed Use Property. If the property is a multi-family or mixed-use (residential and non-residential) pro- perty and the owner of a compensable interest therein, as defined in the next sentence, occupies a dwelling in the property, the APPRAISER shall furnish an apportionment of his estimate of the fair market value of the whole property to such dwelling or to each such owner occupied dwelling if more than one, and to the remainder of the pro- perty. For the purpose of this paragraph, an occupant of a dwelling shall be considered to own a compensable interest in the property if he holds fee title, a life estate, a 99-year lease, or a lease with not less than 50 years to run from the date of valuation, or holds an interest in a cooperative housing project which includes the right of occupancy of a dwelling unit therein, or is the contract purchaser of any of the foregoing estates or interests, or has a leasehold interest with option to purchase. The APPRAISER'S report shall explain how he made the apportionment and the rationale therefore. 9. Machinery/ Equipment and/or Fixtures. If machi- nery, equipment and/or fixtures used in a trade, business, farm operation, institutional or governmental function constitute part of the real property, the appraisal report shall contain a separate schedule which provides separate estimates for each such item, as prescribed below. If there is more than one owner of such items, a separate schedule shall be furnished for each owner. The information and conclusions to be furnished on each item are as follows: (1) Description of the item, including, as appropriate, the manufacturer, model and serial number, size or capacity, age and condition, and degree of obsole- scence. Accessories and spare parts, special foundations, and power wiring and process piping generally shall be listed separately, following the listing of the item(s) to which they apply. (2) Estimate of the replacement cost installed of the item as listed and identified (excluding any elements listed separately) . Separately identify the basis of estimated replacement cost (new or used) . (3) The contributive (enhancement) value of the item to the fair market value of the real property as a whole. (4) Estimated fair market value of the item for removal from the property at a purchaser's expense. Such value shall be considered to be the probable selling price if the item were offered for sale for removal from the property at the purchaser's expense, allowing a reasonable time to find a purchaser buying with knowledge of the uses and purposes for which it is adaptable and capable of being used, including salvage for serviceable components and scrap when it appears that will provide the highest value. The schedule(s) of estimates shall be consistent, with the property analysis approved by the COUNTY, as provided. The APPRAISER is permitted to use the services of such technical specialists as may be needed to enable the APPRAISER to provide valid estimates and sound valuations. The schedule(s) shall be supported by an explanation of the proce- dures followed in gathering the necessary market information and technical data. The principle purpose of the APPRAISER'S accompanying narrative, however, must be to explain his analyses and his evaluations of the dollar amount of the overall contribution of the machinery, equipment, and fixtures to the fair market value of the real property as a whole. The report shall contain any layout plans, sketches, or photographs that are restrictions, mineral rights, leases, and any known, but unrecorded, interests of other parties. Sufficient information shall be furnished to disclose the probable effect of such outstanding interests on the title of the record owner. (5) Outstanding special assessments, if any, for public improvements such as streets, sidewalks, public utilities, and similar public facilities; (6) The amount of real estate taxes for the current year and the assessed valuation stated separately for land and for improvements. SECTION V TIME OF PERFORMANCE The preparation and delivery of the required appraisal reports by the APPRAISER, as outlined in the applicable sections of this agreement, shall be completed within thirty (30) calendar days after the APPRAISER has received a Notice to Proceed issued by the COUNTY. It is understood by the parties to this agreement that the time within which the work is to be performed is of primary importance and of the essence of this agreement. The APPRAISER will proceed with the work outlined herein in such sequence and order as to the different parcels as the COUNTY may, in writing, direct, and will furnish and deliver the appraisal reviews and price recommendations to the COUNTY as soon as completed. SECTION VI MAXIMUM COMPENSATION PAYABLE The COUNTY shall compensate the APPRAISER for the services rendered under this agreement on the following basis: 1. For the basic services described in SECTION III, exclusive of those services rendered in accordance with any other sections of this agreement, the APPRAISER shall receive total maximum compensation not to exceed $5,000. In the event unforeseen circumstances result in the COUNTY desiring additional services whose cost is in excess of the total maximum compensation payable hereabove, a mutually agreeable written addendum to increase the maximum compensation payable shall be negotiated and incorporated into this agreement. 2. The specific fees to be charged by the APPRAISER and paid by the COUNTY shall be in accordance with Exhibit B- Fee Schedule, which is attached to this agreement. 3 . For additional services to be rendered by the APPRAISER for supplementary parcels added to this agreement, in the same manner as described previously, the APPRAISER shall receive additional compensation at the rates shown on Exhibit B attached to this agreement. Such services shall be submitted to the COUNTY within the same timeframe as outlined previously in SECTION V. 4. For services as an expert witness for the COUNTY in judicial proceedings, including formal pre-trial conference, as provided with respect to any property appraised by the APPRAISER pursuant to this agreement, the APPRAISER and the COUNTY hereby agree that the fair and reasonable compensation for the APPRAISER'S services shall be at the rate of $150.00 per day for each day of court testimony and/or pre-trial conference. In the event such attendance shall be for one- half day or less, compensation shall be made on the basis of $75. 00 for such half-day. The payments outlined above shall be made to the APPRAISER by the COUNTY subject to completion of the required service appropriate recognition by the court of the APPRAISER as an expert witness and the receipt of an appropriate requisition. _ - BY: (Appra ser) Route 5, Box 90 (Street Address) Chapel Hi 11 , NC 27514 (City) (State) (Zip code) Kathleen K. Buck (Agency) , App raiser ATTEST: 4004 / _ At14"/Air/ CAROLINA 0,r ORANGE, NORTH COUNTY BY: W-C.,(20 kt_yy !et'. Lozal Grmen't ar Catittoi Act. Viflante Ofiicer of Oran,ge Couny" Exhibit B - FEE SCHEDULE to AGREEMENT FOR APPRAISAL SERVICES IN CONNECTION WITH THE ACQUISITION OF LAND between COUNTY OF ORANGE, NORTH CAROLINA and KATHLEEN K. BUCK, APPRAISER ROUTE 5, BOX 90 CHAPEL HILL, N.C. The following fees shall be used in calculating the compensation to be paid to the APPRAISER by the COUNTY in fulfilling the obligations under this agreement: $150. 00 Per Parcel ORANGE COUNTY O 1 C BOARD OF COMMISSIONERS ACTION AG fir ACTION AGENDA ITEM ABSTRACT ITEM NO. MEETING DATE NOVEMBER 3, 1986 SUBJECT; Lease of Replacement Duplicating Equipment DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES X NO ************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES Standard Lease Form EXT 497 PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 URHA 68 -7331 *************************************************D** **********8********* PURPOSE: To consider entering into a 60-month lease with Xerox Cooperation for change-over of the Xerox 9400 to a Xerox 1090 copier. a: NEED: The Xerox Corporation has presented a proposal (in conjunction with state bid) to replace the Xerox 9400 copier housed in the Human Services Building, with a xerox 1090 copier. The Xerox 9400 copier was obtained through a similar agreement approximately four years ago. The copier at that time was perhaps advanced in its capabilities. However, technology has taken unbelievable strides in the past few years and we find ourselves with an obsolete piece of equipment that does not meet the County's needs,. Through replacement of this equipment we can _- realize the following minimum advantages: 1) County departments will no longer find it necessary to have enlargements made outside the County offices. Comparitave costs are 17 cents outside versus 3 . 3 cents on the 1090 machine. 2) The overall cost per month will be reduced by $356 thereby realizing a $21, 360 saving over the life of the lease. 3) Overall cost reduction will allow a per copy cost reduction thereby saving each department money on the 1.3 million plus copies generated annually on this single machine. 4) Increased capabilities coupled with better copy quality, brought about through more advanced technology may allow printing previously sent out to private vendors to be done in-house. IMPACT: The funds required to operate the central duplicating center for i Orange County will be decreased by $356 monthly and the machine efficiency will be increased theoretically allowing more efficient use of Staff time. RECOMMENDATION: Approve the sixty-month lease with Xerox Corporation for one (1) Xerox 1090 copier machine; and authorize the Director of Purchasing to execute the Sales Agreement on behalf of the County. ,. . 1 1 Central Telephone Company North Carolina 4 Centel Company CENTEL 720 Fourth Street S.W. P.O.Sox 2308 Hickory,NC 28603.2308 Telephone 704 328 0221 L.B.Houck Vice President-Operations October 10, 1986 Mr. William T. Laws Assistant County Manager Orange County Hillsborough, North Carolina Dear Mr. Laws: In accordance with your discussion with George Gusler, we hereby agree to extend the Lease Agreement dated December 1, 1985 between Central Telephone Company and The County of Orange for office space consisting of approximately 420 square feet of office space and six paved automobile parking spaces on a month to month leasing arrangement beginning December 1, 1986. Either party - may terminate this month to month leasing arrangement upon 30 days advance written notice. If you agree with this arrangement, please sign below and return a signed - copy of this letter to us. Yours very truly, L. B. Houck Vice President - Operations - NC LBH:ELJ:fac Agreed to: The County of Orange By 4Z4 e. 1 a•taiL.Za / ._. Title Vice-Chair Date 11/18/86 lr ORANGE COUNTY OiC BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. MEETING DATE NOVEMBER 3, 1986 SUBJECT: Lease Renewal; Soil and Water Office in Centel Building *********************************************************************** DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES X NO ************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES EXT 497 Lease Renewal PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 DURHAM 688-7331 ************************************************************************** PURPOSE: To consider renewal of lease with Centel for office space currently occupied by Soil and Water Department personnel. NEED: Lease was originally executed effective December 1, 1985. It is the desire of both parties to renew under the same terms and conditions as was approved at that time. IMPACT: Monthly rental of $200 per month will remain the same. RECOMMENDATION: Approve lease renewal with Centel for a period of one year beginning December 1, 1986 and ending November 30, 1987. 1 AEPROVED D] QEMBER 1, 1986 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 3 , 1986 The Orange County Board of Commissioners met in regular session on Monday, November 3, 1986, 7:30 p.m. in Superior Courtroom, Orange County Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Don Wilihoit, and Commissioners Moses Carey, Ben Lloyd and Norman Walker. BOARD MEM:ER ABSENT: Shirley Marshall. ATTORNEY PRESENT: Geoffrey Gledhill. sTA 'F PRESENT: County Manager Ken Thompson, Assistant County Managers William Laws and Albert Kittrell, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Purchasing Director Pam Jones, Planners Gene Bell and Brad Torgan, Sheriff Lindy Pendergrass and. Personnel Director Beverly Whitehead. O•RD COMMENTS At the request of the County Manager Chair Willhait added an executive session for the purpose of discussing a personnel matter. He announced that Commissioner Marshall will not be in attendance because of a flight delay. B. COMMENTS 1. MATTERS ON THE PRINTED AGENDA Those persons who wish to speak to matters on the printed agenda will be recognized at the time their specific item appears on the agenda. MA TERS NOT ON _ IL P1, '.D AG i i None . NFU ES Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the minutes for October 6 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Lloyd. to approve the minutes for October 21 as circulated. VOTE: UNANIMOUS. D. __PUBLIC HEARING ON THE PROPOSED AMENDME TS TO INS " ON FEE SCHEAULE Director of Planning Marvin Collins presented for the purpose of receiving public comment the proposed amen. dents to the Inspection Fee Schedule. This was presented at public hearing on October 6, 1986 and continue. to this meeting. Collins explained in detail the proposed amendments and clarified the application of fees for certain types of construction and the plan review/approval procedures. In addition, the provision regarding "Late Fees" would be incorporated and all schedules g g containing fees ending in $ .50 would be rounded off to be consistent with the computerized p rmit syst:m program. In answer to a question from Commissioner Carey about inspections when there is a change in occui•ancy for commercial property, Collins 2 explained that whenever there is a change in occupancy from one commercial classification to another, the building inspector looks at the building to determine if that building is still in compliance with the new occupancy requirement . Collins clarified for Commissioner Lloyd that the increases to the Inspection Fee Schedule were based on a comparison of fees in many of the surrounding jurisdictions. Collins responded to several specific questions from the Board and members of the audience on items listed on the fee schedule. He explained that many of the fees were state mandated and beyond the control of the County. PUBLIC CO 1 E S Dixie Knight, Knight Heating and Air Conditioning, spoke in opposition to the proposed increased fees for the installation of heating and/or air conditioning equipment. Harold Colclough asked about the installation of a hot water heater and Collins explained that for any installation of any plumbing or heating system, the electrical work must be performed by a licensed contractor. The sole exception is if the homeowner is doing the installation. In all cases a permit must be secured and an inspection performed. Donna. Cooler asked about the increase in fees for the moving of a mobile home. She questioned why park owners were not notified. Collins explained that the inspection fee schedule was part of the budget process and that public hearings were advertised for the purpose of receiving citizen input. WITH NO FURTHER CO rENTS FROM THE AUDIENCE, THE PUBLIC HEARING WAS CLOSED. JAIL 'EPs •T The report of the inspection that was performed September 25, 1986 of the Orange County Jail facility was received and acknowledged by the Board. F. ITEMS '©R DEC . 0 CONSENT AG DA Fl and F3 were removed from the consent agenda and placed under items for decision as items G16 and G17. The County Manager recommended the following action by the. Board: 2 ., LEASE AGREEMENT RENEWAL - SOIL AND WATER CONSERVATION OFFICE Approve the renewal of a lease with Centel for office space currently occupied by Soil and Water Department personnel at a monthly rental of $200 per month for a period of one year beginning December 1, 1986 and ending November 30, 1987 and authorize the Chair to sign. 4. BUDGET AMENDMENT Amend the 1986-87 Budget Ordinance by the following changes: GENERAL FUNS Appropriation - Social Services $ 1, 04 Source - OPC Foster Parent Training $ 1, 040 JAIL CAPITAL PROJECT FUND Appropriation - Rewiring $ 1,700 Source - County Capital Projects $ 1,700 COUNTY CAPITAL PROJECTS FUND Appropriation - Jail Capital Project $ 1,700 Source - Fun s► Balance Appropriated $ 1,700 5, AP'RAISAL SERVICE_ CON RACT Approve a revised appraisal services contract for the Efl-nd sewer 3 project with Ms. Kathy Buck to perform services at a cost of $150. 00 per parcel and authorize the Chair to sign. 6. E ';RGENCY AID .NI 4,w : ST, SCE ERT? !C= WW E Approve the issuance of a certificate to the Mebane Fire Department granting them the right to regularly respond to requests for emergency aid and assistance, and to ads inister medical aid and assistance to patients in emergency medical situations. Motion was made by commissioner Lloyd, seconded by Commissioner Carey to approve items 2, 4, 5, and 6 of the consent agenda. VOTE: UNANIMOUS. G. ITEMS FOR 'DECISION, i . PROPOSED ONING ORDINANCE . LT AMENDMENTS (1) DESIGN STANDARDS EXISTING MOBILE HOME PARKS Marvin Collins presented for Board consideration proposed amendments to the Zoning Ordinance. Concerns have been identified by mobile home park owner/operators and residents about the application of design standards in Article 6. 21. 1a) 2) . Deletion of this Article from the Zoning Ordinance would "grandfather" existing parks, excluding them from the application of new design standards. The proposed text amendments would exclude existing mobile home parks fro complying with new design standards for mobile home parks. The Planning Board approval of the proposed amendments and the deletion of Article 6.21.1a) 2) is based on the understanding that the Mobile Home Park Advisory Group will meet with the. Ordinance Review Committee and Planning Board to d-velop standards for parks which address health and safety issues. Walker that Article a 1. made by Coutissioner Lloyd, seconded by Coauissioner (a) (2) of the Orange County Zoning Ordinance, as amended March 18, 1986 and which reads ". . . and (2) that the space be improved in accordance with Subsection 7.20.4 (a) of this Ordinance" be deleted. VOTE: UNANIMOUS. The following are verbatim minutes as requested by the Board of Commissioners: Marvin Collins In October the Planning Board met following the public hearing on October 6 and they recommended of the proposed osed amendments that being the deletion of Article 6.21.1a (2) . They made recommendation would on mobile home park advisory board Committee of the Planning Board in developing standards for parks which address health and safety met issues. That Advisory Board has et on two separate occasions with the Ordinance Review Co� nittee and will yueet again this week. They have been addressing health and safety issues as well as design standards that relate to new mobile home parks. The issue of whether or not the standards would apply to existing parks in the future is still a question by the Ordinance Review Committee and the Mobile Home Park Advisory :card which has to be resolved. They are meeting and discussing standards for the new parks. Don Willhoit The recommendation of the Planning Board is the deletion of Article 6.2 .1..1a(2) . Is there a motion? Ben Lloyd - Mr. Chairman I move that Article 6.21.1(a) (2) of the Orange County Zoning Ordinance as amended March 18, 1986, the exact wording that reads as follows: that Article 6.21. 1 (a) (2) of the Orange County Zoning ti. Ordinance, as amended March 18, 1986 and which reads ". . . 4 space be improved in accordance with Subsection 7 and (2) that the . 2(�.4 (a) of this Ordinance. " I move that be deleted from the Ordinance Norman Walker: I second the motion. Ben Lloyd: That is the article of concern Article 6.21.1(a) (2) of the Zoning Ordinance referring back to subsection 7.2.04. Thats where the. problem lies and my motion is just simply Don Willhoit: Your motion is then to move approval of the Planning Board recommendation. Ben Lloyd: I want specifically, this removes the present mobile home parks from any of the new regulations that was passed on March 18. Don Willhoit: And that is the Planning Board recommendation. Is that not right Mr. Jacobs. Barry Jacobs: Yes. Don Willhoit; The comment on the agenda item which was based on the. understan©in g - I think is what you a re objectin g to - that is not our motion that is the Planni yoBoard - the have estab lished a obi owners Advisory Group which live was something the Mobile home park and the in mobile home parks wanted. That t le Home P they wanted to establish this advisory board and as I read what the recommendation of the Planning Board is that they plan to continue meeting with that Advisory Board to try to work out regulations which are acceptable to you all. - p removing the action that was taken ly with en the motion deals s ecificaai en Lloyd. This is another matter on March 18. Now if its the matter o g this review committee, I think it was expressed r e having park xpressed by some of the tae that their desire. I approve of that but that mobile p k owner,; hat that was is not a part of the motion. I'm sure that that will be a reality. Don Willhoit: hat was its Ordinance Review endation trying ©g point out th at th e Planning Board recommendation Committee continue to meet with the Mobile Home Advisory Board does not affect the Planning Board recommendation to delete that article. (Article 6.21.1 (a) (2) ) . Ion Willhoit: I want to 'fake it clear that that is the Planning oard recommendation. No Comment was made by anyone. Y Y There is a motion and a second. "Iis favor of the Don Willhoit: d, Those. motion say aye. (All said aye) . Opposed -(none) carries. (2) OFF-STREET PARKING (HANDICAPPED PARKING FACILITIES) Marvin Collins presented for consideration of approval the proposed amendments to Section 10 of the Zoning Ordinance. The Planning Board recommended approval. Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the Planning Board recommendation. The amendment adds to Section 10.3 b) that "Handicapped parking spaces shall have a minimum width of 13 feet and length of 20 feet. " and adds Section 10.8 t. dica• �•� P ,'n. F. flit, which reads: "A minimum of two (2) spaces per parking lot or at. least one (1) handicapped 5 � � pp 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. VOTE: UNANIMOUS. 2, RAW WATER STORAGE ELEVATION AT LAKE ORANGE Ken Tho"pson presented for a response from the Board a previous request from the Town of Hillsborough that Lake Orange be raised two feet. He stted that Hazen and Sawyer Engineers have studied the situation and have determined that the property abutting the lake would not be flooded. lake was raised one or two feet. They have outlined that a collapsible the flashboard system installed to increase avail Y tea could be insta available p fla sp spillway capacity in the event of the 100 year flood. The cost of the s �1lwa ca improvements would be approximately the same for a one or two foot increase. Thompson noted that th opinion among the lakefront property appears to be divided on what to do with the lake level. He outlined two alternatives: (1) Proceed with engineering design to raise the lake by 1 foot, or (2) Poll the residents) PQ is to determine their views on raising the lake 2 feet and authorize engineering design to go to 2 feet upon for obtaining clear discussion purposes that the engineering be designed to raise the lake level l one foot but have the capability to raise the lake two feet and that a survey be taken of the property owners on raising the lake level two feet. Chair Willhoit further explained his © al and Don Cordell explained the collapsible system and how the level monitoring system would alert County officials of impending high lake levels. CO' r ENTS Michael Spears, representing the group led by Betsy Tille briefly about the equity and fairness of raising the level wityhout spoke County maintaining clear title. He talked about the necessity of considering other water sources in the long range. Wayne Tilley, Lake Orange property owner, briefly described in chronological order the events that led to this point in time. He reviewed th= cost estimates for the project and made comments about the improvements that would be necessary to the property abutting the Lake if the lake was raised two feet. Pat Key, Lake Orange property owner, asked that the County determine atdthe g if the Lake her one or two feet. at the outset i She had the understanding when she property that Lake backup water supply, but now understands that Lake Orange©isnthe was main water supply. She made reference to the protection as stated in her deed between the 615 and 620 foot elevation level and questioned the legality of raising the Lake two feet. Randy Medlin, Lake Orange property owner, read and presented a petition with signatures from 29 property owners. The Petition reads as follows: "We the f 6 ollowing landowners of waterfront property of Lake Orange, Orange County North Carolina, are in favor of raising the level of Lake Orange two feet 24" (from feet (24") ( o elevation 614 to elevation 616 provided� , pr ded the County of Orange take necessary steps to insure that no Lake Orange Lake front property be lessened in value by the Lake level increase proposed. " Bob Glutaueff, Lake Orange property owner, expressed concern about the original development of Lake Orange and the subsequent agreements with those who donated land for the Lake. He stated that it is evident that Lake Orange will continue to be drained and the landowners will have minimum use of the Lake. Horace Johnson, Water Commissioner for the Town of Hillsborough, reiterated that the Town Council in April, 1986 stated their position to raise Lake Orange by two feet. He noted that the reservoir was not built for recreational purposes but to provide raw water storage for Northern Orange County to be used by all of Orange County. The long range plan is to build a new reservoir and to complete the water line to Durham. Motion was "lade by Commissioner Carey, seconded by Chair Willhoit to authorize that the County Manager draw up an engineering agreement to be brought back to the Board for approval to proceed with the engineering design to raise the level of Lake Orange by one foot with the design to be capable of raising the Lake two feet with the use of flashboards and contingent upon resolving property ownership, and to further authorize the County Manager to complete survey of the Lake Orange property owners to determine their concerns about and support for this project. VOTE: UNANIMOUS. 3 . PROPOSED AMENDM TS - INSPECTION FEE SCHEDULE Motion on was made b to table the proposed �eb by Commissioner Carey, seconded by Chair Willhoit dments to the Inspection Fee. Schedule. VOTE: AYES, 21 NOES, 2 (Commissioners Lloyd and Walker) Motion was made by Commissioner Carey, seconded by Chair Willhoit to approve the proposed amendments to the Inspection Fee Schedule with the exception of those fees for campaign signs. VOTE: AYES, 2; NOES, 2 (Commissioners Lloyd and Walker) 4. PARTW W .'T R W - EVELYN TERRELL MINOR SUBDIVISION Director of Planning Marvin Collins presented for consideration of approval arrequest for a partial width right-of-way of 30 feet to serve the Evelyn Terrell minor subdivision. The Planning Board recommended approval of the partial width right-of-way of 30 feet. Motion was made by Commissioner Carey, seconded by Chair Willhoit to approve the Planning Board recommendation. VOTE: UNANIMOUS 5. PARTIA,. rTH R ''W - J"AC; GI .s SUBDIVISICh Marvin Co 1lins ted res en P for consideration of approval a request for a partial width right-of-way of 40 feet for a distance of approximately 1, 230 feet to serve a one lot minor subdivision located in the Shirley Gentry Subdivision. It is understood that, if a partial width right-of-way is approved, Mr. Gates will apply for a major subdivision of i property to create a lot for each of his three daughters. The Planning Board recommended approval as a Class B road in a 400 partial width right-of-way. Motion was made by Commissioner Walker, seconded by Commissioner Lloyd to approve the Planning Board recommendation. VOTE UNANIMOUS. 7 6. CREE% ;. . !E SUBDIVI- OA c R LIMIN;L; Y PLAN Marvin Collins Prelmirnar Presented, for consideration of approval a y plan for Creek Side Subdivision. The property is located on Harmony Church Road (SR #1341) in Cheeks Township. Two lots are proposed out of 12.92 acres. The property is zoned Agricultural Residential and designated Agricultural Residential in the Land Use Plan. The Planning Board recommended approval of the Preliminary Plan with the condition that a revised Preliminary Plan be submitted showing setbacks and required landscaping. Motion was made by Commissioner Walker, seconded by Commissioner Lloyd to approve the Planning Board recommendation. VOTE: UNANIMOUS. 7 . -OAK EST' ES PHASE 4 - _ IMINARY PLAN Marvin plan presented for' consideration of approval a ruin oval preliminary lan for the Mel-Oak Estates Phase 4 Subdivision. The property is located in Chapel Hill Township. Six lots are proposed, each approximately 40,000 square feet. The property is located in the Rural Buffer which presently requires a two acre minimum lot size. The developer elo been is requesting approval of the six-lot design since Mel-Oaks has an on-going subdivision. The 6.3 acre tract is zoned R-1 and located in the University t y e i - h Planning ratmhas recommended of the proposed sx1otsubdivision because they felt phase 4 was a c ontinuation of a previous subdivision and to require two acre an inconsistency within that development. Collins made reference to the policy adopted b. the s at this time would October 3 that any phased develo "��ent that on by e Board alter the a suggested planned. Board p su hatehadhbeenhe planned Planning Board would insure consistency within those acre lot size. saes to be completed eted under the old standard of one This recommended approval y hose developments. The. Planning with the attachment of four conditions. g After ensued discussion, it was decided that the policy would be revised to include those phased developments which have received in part preliminary plan approval - that are phased and at least one phase has received preliminary plat approval and where the sketch plan has been. approved for the entire project. A revised policy will be presented at the November 18 meeting. This item was postponed until November 18. p. HOB STEAD HILLS: P _=._ ' II PREL l a NARY Marvin Collins presented for consideration of approval the Preliminary Plan l for Homestead Hills Subdivision Phase II. The p y ise located inChapel Hill Township on the north side of Homestead property Road (SR 1777) . The tract is bordered by residential develop lent and proposed recreational property owned by Orange County. Eleven lots are out of 12.23 acres. The zoning property of the p y R-1 the LandoUse Plan designation is Suburban Residential. ThePlanning Boardrecommended approval of the Preliminary Plan contingent upon the following conditions: (1) I, dicate that this is "Phase II" of Homestead Hills Subdivision. (2) Revise plans to provide radius (224 ' ) in second curve as recommended by NCDOT. (3) Provid-, dedication of additional five (5) feet of right-of-way from Lot 1. Carrboro recoil ' ended 20 feet to dedicate half of a 100-foot right-of-way. The. Chapel Hill-Carrboro Thoroughfare Plan designated Homestead Road as a minor thoroughfare (collector street) . Orange County requires a 70- foot right-of-way for collector streets or five (5) additional r feet on both sides of an existing sixty-foot right-of-way. 8 (4) Payment in lieu of dedication ($2455) or dedicate 13,690 square feet of land to Orange County for expansion of Homestead Community Building property. Requirement is based on 1/35th of an acre per dwelling unit or lot. Recreation Department has indicated desirability of 34-foot wide strip from Lots 6 and 7. A strip of that width would reduce area of Lot 6 to 35,5 05 sq.ft. , making it conforming. Given the circumstances if dedication is provi.ed, the applicant is given an option. (5) That a landscaping plan be submitted, showing trees to be preserved upon project coy pletion, specifying their location. and approximate size. Plans shall be prepared and trees preserved in accordance with Section IV-B-8 of the Subdivision Regulations. (6) Provide a 30' easement/pedestrian walkway so that residents of the subdivision can walk to the public recreation area from the cul-de-sac without having to walk along Homestead Road (SR 1777) as recol� lended by the Recreation Department. Motion was made by Commissioner Lloyd, seconded by Commissioner Walker to approve the Planning Board recommendation and the recommended conditions. VOTE: UNANIMOUS. 9.. Z-7-;6 R s ING RE UES: ALLEN AND DO-IS T E' Marvin Collin: presented for consideration of approval a rezoning request submitted by Allen and Doris Turner 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 I- 85 in Eno Township. The present zoning classification of the property is Rural Residential. The applicant is requesting the let be rezoned to General Commercial-4, The Planning Board recommended denial with resubmission s a Planned Development. ent. Motion was made b y Co vi ssion er Walker, sec onded by Commissioner Lloyd to approve the request as submitted by the developer to rezone the lot to General Commercial-4. VOTE: AYES, 3; NOES, 1 (Commissioner Carey) . 1 0. 278-86 R.B. BARLOW R. AND ROBERT Fs *CLOTH Marvin Collins presented for consideration of approval a rezoning request from R. B. Barlow, Jr. and Robert Faircloth. Two lots are involved. Lot 10 is a vacant, wooded lot and zoned Existing Commercial. (EC-5) . Lot 11 contains five buildings and is presently zoned R-1. The Planning Board recommended approval of the rezoning for Lot 10 from EC-5 that Lot 11 be left in an R-1 classification. Motion made Commissioner Lloyd, seconded by Commissioner to R-1 and recommended y approve de by Commissi ne Y ► ssione Care to a ve the Planning Board recd endation. VOTE: UNANIMOUS. 1L . LAND -E '-LAN AMEN'y AMEN', N - NVENPO 0 CULTURA_ I'TOR I C RECREATION, BIOLOGICAL AND _'LOGICAL RES• _R ES (Copy of the text amendments with the addition of the inventory as appendix to the Land Use th Plan will be made art P of the Orange County Land Use Plan located in the Clerk's office) . Marvin Collins presented for consideration of approval proposed text amendments to the land Use Plan which includes the inventory of cultural, historical, recreation, biological and geological resources inventory as appendix. Motion was made by Cone+4issione.r Carey, seconded by Chair Wilihoit to approve the amendment to the text and the incorporation of t9 he inventory as an appendix to the Land Use Plan, VOTE: UNANIMOUS. 12 PROPOSED SUBDI 18. 0N REGULATIO S __E, AMENDMENT Marvin Collins presented for consideration of approval the proposed text amendments to the Subdivision Regulations which will bring the County into conformance with the North Carolina uniform Plat Law. The Planning ;card recommended approval of the amend tent as follows: Sectio I 5 a Revised to read p al plats shall be drawn in waterproof ink on satisfactory reproducible material on sheets • Iallerthan 8 1/2" Q' t h e. 21" x 3 0" a c u s . include ma • ' 1_ or the� � .�.4 of at lea�t _ 'r _�.. left • 2" o -. , 1 other bo d s. When more than 2one ansheet leis o er and 1 required , . . " Motion was made by Commissioner Carey, seconded by Chair Willhoit to approve the Planning Board recommendation. VOTE: UNANIMOUS. 13. PLAN I G :0—D BOARD OF • .TY COMMISSIONERS ETIi Board to meet w' e for the Planning Marvin presented for consideration a meetin g dat ith the Board of Coiissioners to review the status of the. Planning Department's work program, discuss departmental organizational changes, and outline work program objectives for the 1987-88 fiscal year. It was the consensus of the Board that December 4 would be set for this meeting contingent upon the approval of Commissioner Marshall. 1, -40 •UESTIONNAIR After several concerns were raised by Chair Willhoit and Commissioner Carey, motion was made by Commissioner Carey, seconded by Chair Willhoit to table this item. VOTE: UNANIMOUS. 15. LEAS OF "'ACE FOR DRIVER'S LICENSE OFFICE Questions were raised about the cost of utilities and the 5% annual increase after two years. This item was postponed until the next meeting. 6. LE'S E OF DUPLICATIN E•UIPMENT (Originally'ginally Item Fl) Motion was made by Commissioner Carey, seconded by Chair Willhoit to approve the sixty-month lease with. Xerox Corporation for one (1) Xerox 1090 copier machine, and, authorize the Director of Purchasing the Sales rchasin t Agreement g to execute g' ton. behalf of the County. VOTE': y . UNANIMOUS. 17, ENFORCEM- T AGZEEMEENT - OWN O SOIL E#QSxaN AND S DI .E TATION CONT... ORDINANCE (Originally Item F3) Motion was made by Commissioner Care seconded to approve the enforcement agreement as corrected rd by Chair Willhoit Carey, cond the Town of Chapel Hill anl. Oran a County (paragraph 5) between Sedimentation and Erosion Control Officer ytope enforce the OChapelC©Hill Ordinance within the Town limits, including portions located in Durham County and authorize the Chair to sign. VOTE: UNANIMOUS, 2 . APPO_ THE ..S NURSING H'ME COMG!TUNITY ADVISO. CO T_; E Motion was Iota«e by Coimiss over Carey, seconded by Commissioner Lloyd to reappoint Lynn Bechard to this coH�,dtt VOTE UNANIMOUS. 10 -m,1.1 : ROUGH B.0 4 r. 1 ., Motion !ae M!a ',e b Co a ssioner Carey, seconded by Commissioner Lloyd to 6.Nappoint ppUNANIMOUS,. Vance Spinks to this Board. VOTE: N IM S,m Nominat on of Everett Kennedy was made by Commissioner Lloyd. NO Nomination of Henry Crane was made by Chair Willhait. VOTE WAS TAKEN. 'RANGE COUNTY - 4 .._: BOARD Nom hat on of Larry Cole was made by Commissioner Walker and seconded by ColAi imieai ner Lloyd. Nomination of Richard Bullock was made by Chair Willhoit NO VOTE WAS TAKEN. I, ADJOURNMENT With no further items to co e before the Board, Chair Willhoit adjourned the meeting. The next regular meeting will be held on Tuesday, November 18, 1986, 7:30 p«m, in the courtroom of the old Post Office, Chapel Hill, North Carolina. Don Tillhcit, chair Beverly A. Blythe, Clerk