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Agenda - 03-24-1987
.may 15 A PROPOSED AMENDMENTS TO ARTICLE 7 PLANNED DEVELOPMENTS PD-MHp PLANNED DEVELOPMENT-MOBILE HONE PAID D I1STAxCT Revised: 1-1 -87 1-1 -87 7.20 PO-MHP MAN= ummumwminalLE LAS? FBBI 99 The following regulations and requirements apply to PD-!'life Planned Development-Mobile Home Park istricts. 7..20.1 PD-MPP. Di rir latent PD,-MHP districts may be established , in accordance with the general procedures and requirements set forth in sections 7.4 through 7.9 and with intensities and in locations in accordance with the Comprehensive Plan,, the zoning Atlas, and the standards set forth hein. The purpose of the this district is to provie for the development of properly located and planned facilities for mobile home parks. Adequate housing isfunh to the welfare of county residents ; t: owever, conventional housing is not consistently af 'ordablevto nor appropriate for, all members of the general public. Where properly regulated and located, address the mobi�� home parks achieve a satisfactory relationship to adjoining and nearby property. ? a n�nc� and The district shall be located in such a manner as to be compatible with the character of existing development of surrounding properties. thus insuring thei continued conservation of building values and encouragin' the most appropriate use of land in the county.. Ther evaluating an application for this districQemphasis shall be given to the location of the propo ed ' mobile home district, the relationship of the site ': ship of the itself. 7.20..2 AMA BeglaX2M2ntS zatabiLthmea DislXic$ The minimum area of any site to be developed a a mobile home park shall be ten (10) contiguous acre and the maximum area shall be twenty-five (25) contigu us acres, including rights-of-way and utility easemen s. definition of "mobile home (See Ordinance.) park" in Article :2 of this 7.20.3 ZAIMIUSA 2Lina20.1 D.S2,., YI ctiirec Permitted principal uses and structures, as well as accessory uses and structures. within the mobile home 108 park district are listed below. w 16 low A. Mobile homes. Ordinance. es. as defined in Article a2 of this B. ,,Caretaker's or manager's home or office. C. Service buildings and areas necessary washing and drying Y to .provide wanhingioa, rest dy• g machines for domestic laundry, and other similar rooms, storage,. vending. and the ere and convenience services provided by the machines, tenants. of the mobile omeility mobile h©me park D. Recreation buildings/facilities a serving only the mobile home park areas located. rk in which they are E. Customary accessary for operation y buildings and facilities which they are l the mobile home F. Storage park in torage buildings for individual mo and intended for the exclusive use��of home spaces of the mobile home space. the occupants G. Fenced, communal storage areas park operator for boats, campers.provided by the vehicles belonging to es de and other accessory • park residents. B. Sales of mobile homes to be located district are permitted only or 'n within the Y for m are already located on obile homes which mobile home spaces. approved arid . established It is the intent of these standards t home parks which are aesthetically to provide for -mobile overall healthy environment fey. pleasing and bile parks. The design of mobile home for the residents provide physical i eres of such qualities of the land. Parks shah respect the the opography, floodplains, and uniqueudi t areas of . and preservation of existing wooded natural areas,serve recreation, open space. and scenic dices park designs shall to serve clearly reflect the Mobile home park residents and shall provide services needs of intended accordingly. and facilities A. addle Elm apace Reamizementis 1. A mobile home home spaces, with keach lmobile ivhome into space have an area of at least five thousand •15.000) square q feet and a minimum width of at feet; provided, least fifty Health r howeVer, that the Orange y (n�) requirement for may increase the minmumoarea r where ement fr park and/or individual s Y to be consistent with paces h ;9roendwater 109 ^r � resources and/or 17 disposal systems. Tnhan'' limitations of sewage space shall be of sufficient .the mobile meet separation requirements based on the anticipated size and character of the additions or accessory buildings home and any 9 to be placed on the space. 2. The location of mobile home spaces on the ground shall be approx!mately the same as those shown on approved plans. 3. Only one (1) mobile ho, e and its customary accessory buildings may be erected on any mobile home space at one time. B. &bile EOM :nand Bequizearatfi Each mobile home must be placed on a which meets the specifications listed below. stand 1. The location of each mobile home stand mist be at an elevation, distance and angle in relation to the adjacent access drive -or ,street such that placement and removal of the mobile home is practical by means of customary moving equipment. 2. The surface of each mobile home stand and the area around .it shall be graded where necessary to provide proper drainage and prevent the accumulation of water. 3. Each mobile home stand shall have a solid base surface consisting of at least three (3) inches of compacted fill dirt, Chapel Hill gravel, or paved slab, and crusher comply with those standards specified in the North .C.A.r.Q.Li,n a f . or M212112 Eames la= • Prior t'o installation of the base surface, all top soil shall be removed from the area to be occupied - by the mobile home stand. C. . The following separation requirements shall to every mobile home, single or double-wide, Within la mobile home park. 1. Each mobile home shall be located at least twenty (20) feet from another mobile home and/or building within the mobile home park, except small storage buildings located on the same mobile home space and intended for use by the occupants of that space. All attached structures, including storage- buildings, carports and covered porches, but 110 excluding open >ks and porc s," ,, 11 be .4; .: i ;;,; Considered part of mobile horse.' to' pig*poses of determining sepac °on requirements. 2. Each mobile he me ;;Shall be locate at least twenty7tW0422) feet frOm .ehe right-of-way line of an ' e, a ess drive or street providing ,f access to the space on which the mobile home is located. 3. A detached struc ure located on an individual mobile home spec - and intended for the, use of the occupants of th- . space shall be located at least five (5) feet rom any mobile home or other building. D. installation AIL r ' •. - )Mobile Nimes 1. Each mobile home shall be set up and installed in acc' rdance with standards specified in the State .Qf NoTt,h C o ina t ul tions IDL Mobile BDMAS ind Nodular Npusi4o. 2. The owner/operat r of a mobile hone park shall designat - a uniform type of solid foundation encl sure or skirting fully enclosing the crawl space 'eneath each mobile home in the mobile home p- rk. Foundation enclosures or skirting must �e installed in accordance with applicable stan°ards of the Nart , rarolina State $yildinq Hoag an° . in any event, within ninety (90) days of placement of a mobile home on a mobile home spec . 3. Access shall be provided to all entrances of a mobile home by--way-of steps (including hand ails) installed in accordance with the standa ds of the Nor h Caro .ipa State. Building Code. Where the resi.dents` of a mobile home choose o install decks adjacent to. entrances, the mobile home will be required to. have steps and h ;ndrails which meet the standards of the North - • I State 110.1dips Code, until the decks are coipleted. E.Vehiculaz Ames, • 1. Each mobile home space shall abut upon an improved access ° rive or street which shall have unobstructed access to a public thoroughfare. 2. No mobile home s •ace shall have direct vehicular access to a str -et or thoroughfare other than those located wi hin the mobile home park. 3. The street layou within the mobile home park • should be ap 'ropriately related to the topography, loc.: tions of abutting land uses, drainage patter st street function and o�t'Yee 1 I- . •I��f; � 'N}: F1 ,iC'.�ryd b'{�� a. rai'.features of 1i Site The .,.� of greets should Txrixe o ; s � ' ove �1 ;: �� t�. .�f l chu'oua flow ;park. 4. 1 streets within a obile • TOCated within a home park shall �rtall�streets right-of-way, and and the traveiway fo at least eighteen (18) feet in width and be at mu satisfy the draina.e standards specifiediin Orange County's Zell Central Qr d i1n a n, .moo'` `Qa and �IDe�Qp constructed with • -ved, all-weather shsurfcbs consisting of four r es (4) inches of base material (crusher run) and one and one-half (1-1/2) inches of I-2 asphalt or tar and gravel treatment consisting a minimum of s x6 ) sinches of base material (crusher run) covered I with alternating layers of ar and pea-size gravel. 5. Every street within a obile home park shall have a maintained s x (6) foot wide shoulder running parallel and a'�jacent. to each side of the paved street surface. The shoulder section may be used for walkway:, driveways., ' . grass or low-growing vegetativ= ground cover or utility 6. Cul-de-sacs or deadend streets are permitted within mobile home pars; provided,, however, the maximum length of a cul-de-sacs shall be eight hundred (800) feet. Cul-de-sacs shall have a paved turnaround radius of forty-five (45) feet with a right-of-way r-dius of fifty-five (55) feet. 7. Streets shall be laid o t so to intersect as nearly as t early as possible at right angles, and no street intersection hall intersect another street at an angle les than sixty (60) degrees. The turning radius at treet intersections shall not be less than th rty (30) feet. Offset intersections are to be avoided, but where permitted. they shall e separated distance of two hundred (200) feet between street center lines. Where streets serving a mobile home park intersect with a Stat--maintained street, the intersection design s all conform to the standards of the Nort Carolina Department of Transportation specifie• in ,$ubfliv 's' MIDwn 3 1Qp. Roads 8. Each mobile home spaces all have off-street parking fa. ilities for two (2) vehicles. Each ' parkin• space must be at least nine (9) feet in width -nd eighteen (le) feet in depth and must be locat;d entirely on the mobile. . ; " �� home i �`"_, ii,_.,,. y � m me beat Reg red off-street a h F. u l aced with at least es of compacted east foux (4) of. cf ' ciush°d stone 'or an aliw'eether paved ace. • • To prevent distract orbs to adjacent property owners. passing motorists and identification and -ccess for. emergency :services . personnel. identific=tion. directional and street signs within mobile home parks ate • regulated as follows: 1. There shall be no more than one sign '�1). double-faced si g per park entrance announcing the name of the mobile home shall be limited •o sixteen (16) square cfeetlgin area and the top •f such i s gns shall be than ten (10) eet above no higher n addition to the name of the mobile In such signs shall identify the name of the park owner/manager and is or her phone number. All such signs -hall be located on private property and shall be erected so that no sight part Of said signs intrude into the si n triangle required g preservation 9 equired by Article, 9.2 of this 1 Ordinance. Such signs may be illuminated, provided that indi ect, nonflashflg:. j used, and , lighting is provided that each sign is constructed in a manner so as .o prevent a direct view of the light source frpm any public or private , street right-of-way or ad'oining residential property. 2. Traffic control sins (stop. yield, speed limit. children playing signs) meeting the standards of the ' 1 Tr &mil f 1 shall be �effi� . placed t� roughout the mobile home park where necessary. C 1-de-sacs shall have_deadend street signs erec ed at the entrance to such streets. 3. All streets shall b- identified by names approved by the Orange l County . Planning 1 Department. Street signs shall be constructed to Orange County stan.ards and must be installed outside the right-o -way at all intersections. The approved street -. and names shall be used to assign mobile home space identification numbers. 4. Each applicant must submit to the. Planning Departme t a mobile home numbering/location space -ystem for the park based on the equal intery-1 house numbering system employed by Orange County. Upon approval mobile home park. tie a plicant stsubmittan approved copy of t e space numbering/location system to the emerg -ncy services/fire protection 1 113 ;,,., ,S rt a pncy responsible . 'r providing :such services.,• - 5. each *bile home s ace shall have a' per#*anent e number sign. h e �� x shall sad of reflective materia s or contrastin <„colors, shall be at least six (6 inches or :,greater in height. and shall be affix d to the mobile home at a point six (6) fee or more :above .ground level. The number shall be affixed to the mobile home when the unit is laced on the space and shall match that number ssigned to the space on the approved space num ering/location:. system; plan. G. roynds And Bui, l,inas 1. The grounds of a m bile home park shall be maintain d free of litter, debris and trash. including but not • limited to abandoned appliances. automobiles. buildiriq. materials or similar materials. 2. Grounds, buildings and storage areas within' the mobile ome park shall be maintained to prevent the ! rowth of ragweed, poison ivy, poison oak and oth- r noxious weeds. 3. Each mobile home p- rk shall be provided with a clustered m= il delivery system which is in compliance with t e appropriate: postal service guidelines. Cons station must be made with the appropriate agency for provision of this system. Access to the mai delivery facility must be so designed to allow three to four cars to stop at the mail delivery facility without conflict from passing vehicles. 4. All garbage and re use for individual mobile homes in ach park shall be stored in suitable waterproo and rodentproof. receptacles which shall be kep covered with tightly fitting . lids. A central collection • system must be provided within th park either through a private collection system for individual mobile homes or through the use of bulk containers (dumpsters) . Where the latter a e used, there must be at least one (1) four (4) ' ubic yard bulk container for . each sixteen (16) mobile homes which shall be emptied weekly. or mobile home parks. with less than sixteen (16) homes. one (1) container is required. Bulk co tainers shall be front-loading wherever practica le. A side-loading container may be allowed where the provision of a front-loading cont finer is not feasible and the property is access ble to a regular route of a side-loading refus collection vehicle. where bulk conta ners are provided. a six (6) inch reinforced co crete pad shah be provided to set the set contai er and also support the front 114 ' k 4no-., l5• /�) 4".,^;1I T ^r, -r , . :i&SA:e1wypv'r. nV '1 t' _ ,4, wibe4s of Ole truc 7 ring the 1040441i0pook on. ped shall b OP (10) feet 40 ;:width and twenty (20) feet i -s th with .atlest: .ten (10) ' drive F: bf the pad ac =. ;= �:e for t ��t,#rR�R�•� to onto in front *the dumpster'cOntainer .. for r'" front-loading i tf side-14044m containers< are used. the pki.'. may be twe$ve (12) feet in 1 'x;a, f width and eight (8) feet deep with no projection for the truck wheels. 5. Each applicant shall submit to tbe. Orange County Planning Departments:tenancy rules and regulations governing the operation of the i' mobile home park. 1 G. Erosjoy And 5tprmwafer Cpntrol Requirepents, 1 In order to control erosion, all disturbed ;land areas shall be protected by a vegetative' ground .cover as defined in the Orange County Logion And sedimentation Control Ordinance. The mobile home I park 9 k must be designed and graded in such a manner as to provide for the adequate: runoff of stormwater. 1 Storm drains must be provided With sufficient inlets { located at points of surface water accumulation to . adequately intersect surface flow. .AZi other requirements of the ,Soil Erosion Da, $edlneptation shall also be •. applicable. Protected water supply watershed standards may also be applicable. . .. A. recreation Areas and Facilities q { Adequate and suitable recreation areas shall be provided to meet the anticipated needs of the residents of the mobile home park. : The character, shape and location of recreational space shall be - suitable for active recreational purposes, taking 1, into account topography. convenient access by j residents. drainage, size and proposed improvements. Recreation areas and facilities shall be provided in accordance with the provisions of Articles 5 and 6.12 1 of this Ordinance, and Section IV-B-7-b of the Orange County Subdivision Regulations. it . I. yandspap&no Screening In order to eliminate visual distractions to passing motorists. reduce levels of noise, dust and glare. preserve the character of existing neighborhoods. . mobile home parks shall be screened on all sides of the mobile home park from adjacent highways and from existing. adjoining, conventional . residential developments or existing mobile home parks. Consideration shall be given • to topography• vegetation. site design and land uses in the A evaluation of the extent of required screening. 115 1 mobile home aces must b 23 Located at least one hundred 1100.) .fleet from a • ar�,��� , :��:�m�r property line which is, not a street right .- ., .. of g �ct �� w+�Y► regardless f the zoning district. The disturbance of land within the one hundred (100) ,foot buffer in prohibited. Existing vegetation;: °.i t ;in, the one hundred (100) foot buffer must be retained. Additional plantings may be required upon site inspection to satisfy Class 0 requirements along the e . screening g perimeter of the site. (See Article 12 of this Ordinance.) If there is no existing vegetation. planting will be required within the one hundred (100) foot buffer to satisfy Class "A" screening requirements. In addition to the requirements above, mobile home spaces must be set back from a public street right-of-way a distance which is consistent with the front yard setback requirement of the zoning district in which the mobile park is located. The disturbance of land and existing vegetation within the setback area is prohibited. Likewise, plantings may be required where no vegetation exists or is of such a sparse nature that an on-site inspection indicates the need for additional plantings. Where required. plantings must meet the standards for a Class "A" screen. If bulk refuse containers (dum sters) are the mobile home park, such containers musts be screened through the installation of a six (6) foot high stockade fence so as to provide a continuous screening barrier. In lieu of a stockade fence, a six (6) foot high evergreen hedge or shrub may be provided to provide the required screen. A hedge of at least three (3) feet in height may be installed initially., provided it will reach six (6) feet within a two-year period. (See Article 12 of this Ordinance for plantings requirements.) J. Militias In every mobile home park, all utility installations shall comply with applicable building and health codes of Orange County and the State of North Carolina, and the requirements of the North Carolina Utilities Commission. 1. An adequate, safe and potable water supply shall be provided for the mobile home park. The source of the water supply shall either be through a municipal, or public water system with the mobile home park connecting to the water system. or when such system is not available. the mobile home park must be serviced by a supply approved by the North Carolina Department of Human Resources or the Orange County . Health Department as required by law. 116 Pk 44, 2. An adequate and safe sew'.,,,.. .sad system .shall, be provided in the mobs/e.° park. Collection systems, sewage treatment facilities or individual septic tank systems shall be approved by the North Carolina Division of Environmental Management or - the Orange County Health Department As,:required by law. 3. . Street .lighting shall be provided .;r throughout the mobile home park with street lights located at each street intersection. Where the distance between street intersections exceeds five hundred (500) feet, additional street lights may be required. 4. All utility systems shall be located underground, • and easements necessary for water, sewer, gas, electrical, cable TV, stormwater and other utility systems shall be shown on the mobile hoes park plans. • • ,�i;. , y,y_ ,Ty.:?r' p7r , d, , ..,ir;.W,b'. ,y. 4' ;' .«: 25 SUMMARY OF CHANGES NATIONAL FlOOD INSURANCE PRQGRAI! Ft0ODPLAIN MANAGEMENT CRITERIA WHIM! "BECOME EFFECTIVE ON OCTOBER 22 4986 For §60.3 (c) , (d), and (e) communities; - [ (c) i.e. , FIA Administrator has provided a notice of fine flood elevations for one or more special; flood hazard areas on the community 's FIRM and, if appropriate, has designated at er special flood hazard areas without base flood elevations on .the community's FIRM, hut has not identified a regulatory flood lay or coastal high hazi..rd area); .___„.s.t(d) i.e., FIA Administrator has provided a notice of final base flood elevations within Zones A1-30 and/or AE on the community 's FIRM and, if appropriate, has designa-L.ed A zones, AH zones, A9r zones, and A zones: on the community's PERM and has, provided data from whieh 'the comiunity shall designate its regulatory f.l oodway); . [(e) i.e. , FIA Administrator has provided a notice of final.' base flood elevations within Zones A1-30 and/or pF on the I community's FIRM and, if appropriate, has designated 3•Y. zon ,s, AO zones, A 99 zones, and A zones on the Community's -'tRfl, nd has identified on the community 's P3RPi coastal high hazard areas by designating Zones V1-30, VF, acid/'or it) ), 1. Manufactured Home Revisions. The final rule made :i g;ni ff can revisions to NFIi' criteria that apply to "manufactured homes (previously mobile homes). If your community permits placement of "manufactured homes" in special flood 66..z::rci areas, make the following changes: (a) Definition of. "manufactured home." You should 'replace he definition of "mobile home" in your .ordinance with the definition of "manufactured home" in fi59.1 or the final' rule. Note that the definition of "snanufactured includes "park trailers, travel trailers, an' other similar vehicles placed on a site,, for grcac. r than 180 consecutive days. You do not have, to .include tv s lx_tti- r provision in your definition if you can demonstrate tb there is a State or local law or regulation which woul preclude permanent placement of these 'vehicle:.. on a ni _ or limit placement to less than 180 days. (b) Definition of "manufactured home park or subdivision."_ You should delete definitions of "existing mh:.L'a home park or mobile home subdivision," "expansion to 2 re ex i -t- ing mobile home park or mobile home subdivision," "mob le home park or mobile home subdivision," and "new home park or mobile home subdivision. " You should add the definition of "manufactured home park . or subdivision" / ( the final rule to your ordinance. . -,—-r°' i I ';1? ' ' (c) Requirements on place ne t of• manufactur rd homes. NFIP # criteria no longer allow you to grandfather existing "mobile home parks." To make this change,. . replace your current ordinance provisions on placement oA: .mobile homes - in mobile home parks or subdivision and on individually owned lots with the following or its equivalent: All manufactured homes to 1.be placed. or substantially improved within Zones A1-30, AH, an 3 ..X, sha.,l be elevated on a permanent foundation such that the lowest floor of the manufacture(' home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of (cite the ,gal. nufactured ho..le anchoring provisions of your ordinance) . - i (d) Removal of prohibition on the placement .of .manufactured homes in f loodways. If floodways have .been deS g hated in your community, there will be a provision in your ordin- ance that prohibits the placement of manufactured homes in those floodways. You may delete this provision at your option. Manufactured homes to be.placed .in floodways would have to meet the same standards as conventional • • housing and other development (e.g. their placement would be prohibited unless it could be demonstrated that there would be no increase in bcse flood elevations in the community) . . Wth (e) Removal of the prohibition' on the placement of manufactured homes in coastal high hazard areas (zones V, VE, and v1-30) . If V-zones have been designated in your- community, there will be a provision in your ordinance which prohibits the placement of manufactured homes in those V-zones. You may delete this prr-;ision from your ordinance at your option. Manufactures homes to be p),<iced in V-zones would have to meet the. same Standards as coL,aeSs tional housing (e.g. meet the provisions at 550.3(e) :3` , (4), (5) and (6) of NFIP criteria] . " r,; P"�:;�i: - �li .�h. ,, _ {•�,a.T, - .;r r;;�;�'.,: :,, ,•,r._�:� .,y ... �.a.}-^ 'P;� dd#E3"�f�ivrr . . 2. Becha icai ad Ue t itlhi at a ent. you must have 'a provision in you ordin aa s1e clly requir mechanical nd nir equipment to be elevates above basa flood elevation d o or designed so as to prevent f se entering i r t- 4, ing Within the equipment components [ 5.60-3(a) (iv)) . You may meet this requirement by demonstrati io that your current already contains such a o u or by inry ratio the following or its equivalent into your or di nance: Electrical, heating, I and air-conditioning equipment plumbEi9� . and servthe facilities g q pment and other litres shall be deli. xsed -and/oar located so as to prevent water from enterin or accumulating within the com 9 • �p conditions of flooding. Po $�ata during 3. Definition of Start of Construction. The TAe definzti�n o. start of construction final ru/emodifies sistencies in treatment between a to eliminate �ncan- other types pile a''p r-ate structures and other p ypeS of foundations and to incorporate home" revisions. You must replace �r�te �e 'stn► hconstruction,"e" with the place your definition, .art ofedl he definition in the .start of final rule. 4. Use of. C. nines in Enclosures Bel The filial rule adds a ow a Structure's �,a,�,r.s+ 1 enclosed Areas below the which requires that a Floor. he base flood elevation be designed o allow for the automatic entry equalize y and exit of floodwaters'� to �I 4 ize hydrostatic flood forces 3 ) (5) to C°mP1Y with this requirement by leeE�1.3to g}1 . You can areas below the base flood elevationibiti�g. the enclosure of a' following provision or it;: equivalent nt� ourrorrin your ordinance ; For all new c inar�ce menu construction and sub ,t nti l improve- i fully enclosed areas belome , that are subject to flooding the ewest to automatically equalize hydrostat c _be designed to on exterior walls by allowing flog forces exit of floodwaters. � fc�r the entry and requirement must eitherebe9cerftz red b meeting this registered by a• �' professional engineer or architect must meet or exceed the following ri or A minimum of two openings havi minixnunt cri±�,.fa: not less than one square inch fora vocal net area t of I of enclosed area subject, to flooding shall ll be root tided. The bottom of all oodirg sha?l `tee than openings shall Pro- n one foot above p 9s shall be ;�o higher with screens, aorade. Openings may be equipped provided that they louvers, or other coverings or devi,Mes of floodwaters. y Permit the automatic entry and emit Iii _ M�I ':: 041. 4 n ! 5, Use of A.va 4 ble Flood Data. The final rule :seises the I'" re ui�c9 ht 560.3(b)(4) that communities obtains review, and reasonably utilize base flood data available from- any source to regulate construction in Zone A. If your community has flood Y Y hazard areas which are designated as Zone'A or Could annex such areas., you must revise your ordinance to includes the following • or its equivalent: The (local administrator) shallobtair review and reasonably utilize any base flood .elevation and floodway data available from ;d Federal, State, or other source, as criteria for requiring that new construction, substantial improvements; or other development in 2one.'A • re.f.erence provisions of your. ordinance which meet 560.3(c) (2) , (3) , (5) and (6): and ((UM] . Note that available base flood data include data submitted with subdivision proposals and other proposed developments greater than 50 lots or 5 acres, whichever is less, including manufactured home parks and subdivisions [see S60.3(b) (3)1 . 6. Elevat,ion Certification. Current NFIP criteria require that ccamuunities obtain and maintain on file the elevation of the lowest floor (including basement) of new and subs tantial iy improved structures in all special flood hazard areas. The final rule removes this requirement in Zone A except in those instance9 where base flood elevation data from other sources are utilized [e.g. , as provided for. in 56Q.3(b)(4) cf NFIP criter- iaJ . You may modify your ordinance accordingly,. Please be aware that substantially, lower flood insurance rates are available . for individuals that construct to these other available base... flood elevations and submit elevation certficates as part of their flood insurance applications. You must continue to obtain lowest floor elevations in all special flood hazard areas other than Zone A. 7. ;Functionally Dependent Uses -- The final rule adds a special pro,''ision regarding the issuance of variances for functionally dependent uses. You are not required to make this change and • should do so only if your community has navigable waterways and has encountered difficulties in applying NFTP criteria to these uses. To make this change, add the defin5•tion of 'func- tionally dependent use in the final rule to the definiti:, s sections of your ordinance. Also add the variance provision at S60.6(a) (7) of the final rule to the variance provisions in your ordinance. • , sides of all R° '�'�„; :.� streets . ' in the subdiu s, o . In adi ; ithere shall be at least one (1) tr - - , ffOr ieverY one thousand ' (1.004) square feet of land :� area designed for required 'recreation or open„;"space area. and side and rear yard s etbac k areas as required by this or the Orange County Zoning. Ordinance. Approved open la field F Y s, building sites and other similar recreational facilities are exempted from landscaping requirements. Trees to be planted in required . recreation and/or side and rear yard areas shall be spaced thirty-five (35) feet on center. Trees to be planted in required buffers areas shall be installed in accordance with the provisions of Article IV-B-8-c-1 of this 'ordjnanhe." • Existing provisions of Section IV-B-8-e are as follows: . "At installation. trees should not be less than ten (10) feet in height. and shrubs should not be less than twenty-four (24) inches in height. In any event. plant material required for the purpose of this Article should be of such initial size to reach the required height within two (2) growing seasons after installation. Installation and construction practices should be utilized which preserve and replace existing topsoil." PROPOSED AMENDMENTS: Revised wording for Section IV-B-B-c is as follows: IV-B-8-c-1 Landscaping Standerea "Where a subdivision is proposed either on unforested land or trees have been approved for removal under one of the exceptions listed in Section IV-B-8-b-2 above. new trees shall be • planted in accordance with the provisions of this Section." Revised wording for Section IV-B-8-c-1 is as follows: • IV-B-8--c-1 Required Landscaping "As a requirement of subdivision approval. the subdivider shall plant trees along the frontage of both sides of all existing and proposed streets in the subdivision. In calculating the number of trees required per lot frontage. tree types have been assigned a value in linear feet based on the average mature ca0ropy spread. The - values are forty (40) feet for large. deciduous trees and twenty-five (25) feet for small trees. Each lot. including approved recreation/open 12.4 Sp4 'areas, must at. le s tree ;�?er street =f�!� least ate: (4) large 30 The n er ' g (value f,:40 feet) . r malbOm of trees , �, :ted on. e g �.f " Vie: , ' the for rontage (tots � . 'r '4 e, less v one large tree) is r` s value ke, .the remaining frontage �' '„ �! dividing to tree t g n agredy, for v ), ssfgr�ed ypes seles II subdivider. in by the For example. the number of trees+ required on a lot having a frontage of 130: feet would be calculated as follows: �� LOT FRONTAGE 130 feet UALS: REMAINING LOT NT 90 feet !1ption 11: ALL MALL TREES 90 feet divided by 25. feet (value 1 for small tree) m. 3.6 or 4 'trees. !, 'Required number of trees . 4 small trees + 1 required large tree. O t on 12: ALL L88, ;E TREES 90 feet divided by. 40 feet (value for large tree) = 2.3 or 2 trees. I Required number of trees trees (1. required + Zoptional)large nahigia LI: CLUantemsfacura .L AND 90 feet - 40 feet (1 large tree) 50 feet. 55 Feet divided by 25 feet = 2.2 or 1 1 2 small trees. Required number of ' trees, ,a 2 large trees (1. required + 1 optional) + 2 small trees. . Upon installation, trees shall be spaced at . least fifteen (15) feet apart. but greater than the spread of the canopy normally no achieved by the tree species upon maturity al trees shall be planted within the required front yard setback area. Selection and location of trees shall consider existing and future site conditions including. but not limited to. overhead and/or underground utility lines. vehicular access drives, the location and extent of '.existing vegetation. and soil suitability. Selection of tree txpes made from the list of acceptable plant mate 4 1 be *I ‘ 1 , >'I': rovided in A x. d's C. ' .�n addition to Street,t .trees there seban be at east one (1) tree for . eve ry one thousand (1.000) square feet of 3;alld area' located in - required recreation or open space area. and side ':; ' - and rear yard setback areas as required uired b this ;;µl q by Ordinance or the Orange County Zoning ordinance. (See sketch below.) Approved play fields. building sites and other similar recreational facilities are exempted from landscaping requirements. In unzoned townships. a forty (40) foot front yard setback shall be provided adjacent to the street right-of-way for the installation of new trees. A twenty. (20) foot setback shall be provided along side and • rear property lines for the same purpose. STREET 1,1cuT-qr-VAX .......• ram TA10 AO' I____ 1 • ;or . lip 0. 0 G1IIE XAI.: 902 ISO'20. . eig 4.0 0•••••101. , ,, ...÷. 1 1Slia6, • •• 1 v 2h1_41 : 60' 20'1 100'. SIDE YARD AREA • 20' ■ !0• •. ISOO SOM. ■ 7 SIDE TAROS :TM SQ.'S' . SEAL TARD AREA • 20' s 1O0• •;7900 SOFT. TOTA10-SIDE/REAR TAUS • MOO.Se al. • MIMEO 1T41 TREE/1000 Eq.n. • 5.4 OR i TREES Trees to be planted within recreation and open space areas. and side and Fear yard setback areas shall be installed to reflect the natural growth patterns of uiateria - •selected. Tree species shall be spaced in a manner which 126 r*its full sere. of canopy maturity shall be o the upon, uz ty e 5 ;elected froMn the list of32 eptable plant eri'als in Append xx C. When buffers, as. Section by: Jo required Y V 8-8-d. or .. approved utility y and drainage easements ,y . overlap or cross setback or recreation and open space areas, those areas shall be exempted from computing the number of required plant material to be installed. Existing vegetation may be used to meet the requirements of this . Section, provided, however, use of such vegetation will be determined by site inspection by Planning Department personnel." The proposed amendment to Section. IV-B-8-e. is .as follows: At installation, trees should not be less than six (6) to eight (8) feet feet ;in height with a caliper of three-fourth (3/4) to ;one, and one-fourth (1-1/4) inches, Shrubs should not be less than eighteen (18) inches in.height' after installation. installation and construction practices should be utilized which preserve and replace existing topsoil." The above change in tree/shrub size is recommended to reduce the cost for landscaping. Standards for the number of trees to be ,planted in side and rear yard setbacks and recreation areas have not been reduced to achieve this goal. Flexibility in the location of and number of trees is also permitted. Furthermore, provisions requiring that landscaping. reach a Certain height within two (2) growing seasons have been removed, since growing rates from plant species to species vary so much. The focus of the provisions should be to encourage healthy plants at installation and proper maintenance. ******************************* ******************************** ORDINANCE REVIEW COMMITTEE: January 20, 1987 PLANNING BOARD REVIEW: BOCC REVIEW: 12'7 y,•i i 33 The lo y other zoniz , strict applied be Nd.� that could be a ad g: NC-2 or �e .., r !fir d Commercial . dist d3. district. district permits 200 to,400: trips, per da i g ardiriance Y• The Zoni has a li,mtation of five acres in 9 activity node, and there are already 4• any rut j' `^ y 35 acres zoned f NC-2 purposes leaving only about two-thirds of an acre :"� .. hich could be used for that purpose. s, Collins continued, noting that if the rezoning request was approved, Planning Staff would be required, throug the Zoning Ordinance provisions limit the building siz based on the amount of traffic gcreratior proposed. 1 Steve Yuhasz inquired how many of the uses listed ror NC ' 2 would generate less than 200 trips per da explained that it would depend on the size of llth business. Vernon Davis indicated his desire to speak in favor the rezoning request rd o g qu st because - of a ne=dto,r a hardware store in the area but expressed a" need for turning lanes at the intersection of NC 54 and Danzinger expressed support White Cross Road. Rand neighborhood business. pPort for the h, of such a County Attorney, Geof Gledhill cautioned the Planning Board and Commissioners not to Consider the specific use in a rezoning request unless it is a Special Use Permit application. There is no power in a general rezoning to require on-site improvements. Commissioner Carey inquired about the reduction 1 '1' building size needed to accommodate the tri geeration allowed in the zoning district. Collins responded that the Health Department comments received were based on a1 building size of 9600 square feet. A reduction of building size by half would be needed. 071 5 SUB SION TIO S AMEND S a. Section IV-B-8 Landscaping and Buffer Requirements Presentation by Marvin Collins. On December 6, 1986, the Board of Commissioners suspended enforcement of Section IV-B-g_c_ 1 of the Subdivision Regulations pending further study of standards requiring installation of plant materials in building setback and on parcels designated for recreation/open space use. Concern had been expressed by land owners and developers about the high cost of complying .. with the standards. Clarification of application was also required. The Planning Board Ordinance Review Committee has been working with a developer, forester and landscape arch- itect in reviewing the design standards. The revisions represent changes to Section IV_B-8 propose-'-a as cable to new subdivisions. pplili 191 ■ L ...., '' itgiP hh P, ;�y.,.a. ..n ► - Ii1=OOMGES TO ACT ION I V -g_8-,c,. ENDED BY THE COUNTY ATTORNEY t „°.,. 1 n uhohed t 1i be nzovidetownships, a forty (40) foot installation eprovi provided of new the front yard ay for shall A twenty right-of-Way sha provided along side and rear Y (20) foot setback shell �bn property lines for the same ur� Er--02,42•424 Xard P pass. For the purpose P P se of calculating the number of tree i n unzc,ned Lose i s In used . townships, a forty (40) foot trees to be planted A twenty and required trees shall be. plantedtwithid sett se �'y (20), foot setback shall be n that sh ell Property lines for the same used along s setback. purpose. . ids and rear 1 • • • • ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING TUESDAY, MARCH 24, 1987 7: 30 P.M. OLD POST OFFICE CHAPEL HILL, N.C. A. BOARD COMMENTS B. AUDIENCE COMMENTS 1. Matters on the Printed Agenda (We would appreciate you signing the pad ahead of time so that you are not overlooked. ) 2 . Matters not on the Printed Agenda C. MINUTES (None) _ PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending member to leave the meeting until that indivi- dual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. PAGE # PUBLIC HEARINGS AND DECISION 001 1. Efland Sanitary Sewer Bond Order 011 2. Housing Numbering Ordinance 015 3 . Assignment of House and Building Numbers D. RESOLUTIONS OR PROCLAMATIONS 021 1. Resolution Honoring Robert Tennant 023 2. "Clean Sweep" Month Proclamation and Plan PAGE # E. REPORTS F. ITEMS FOR DECISION--CONSENT AGENDA (Any item may be removed for separate consideration) 025 1. Contract Award for Assistance with Orange County Master Recreation and Park Plan 036 2. Hillsborough Agreement Addendum for Land Records Information Access Agreement 039 3 . Carolina Cable Changing Organization (Second Reading) 041 4. Transportation Board Operational By-Laws 047 5. Authorizing Submission of the Title III-B Applica- tion 048 6. Sheriff Vehicles Replacements for 1987-88 G. ITEMS FOR DECISION--REGULAR AGENDA 050 1. Population/Employment Estimates for the Durham, Chapel Hill, Carrboro (DCHC) Thoroughfare Planning Area 058 2 . Workshop--Transfer of Development Rights 059 3 . J and J Properties Subdivision 067 4. Dathene Terrace Subdivision 076 5. Esoderrick Subdivision--Preliminary 084 6. Elm Grove Subdivision--Preliminary 095 7. 8-1-87 (Rezoning Request) W. E. and Ruby S. Blackwood 111 8. Proposed Zoning Ordinance Amendment (Article 11.7 Nonconforming Lots) 118 9. Proposed Zoning Ordinance Amendment (Article 7.20 PD- MHP Mobile Home Park District) 135 10. Proposed Amendments--Flood Damage Prevention Ordinance 151 11. Proposed Subdivision Regulations Amendment (Section IV-B-8 Landscaping and Buffer Requirements) 162 12 . Water and Sewer Extension Policy Discussion 177 13 . Submission of Community Development Block Grant Application/Community Development Block Grant Target Area Selection 183 14. Real Estate Transfer Tax 190 15. Senate Bill 2 Resolution for the Efland Sewer 199 16. Emergency Shelter Grants Program 201 H. APPOINTMENTS I. ADJOURNMENT BOARD OF COMMISSIONERS . ACTION AGEN ACTION AGENDA ITEM ABSTRACT • ITEM NO.P MEETING DATE March 24, 1987 001 SUBJECT: Efland Sanitary Sewer Bond Order [DEPARTMENT: Finance PUBLIC HEARING: x YES NO N` • ATTACHMENT(S) :) : B4)nd Order and INFORMATION CONTACT:Finance Director 1. Proceedings:-from February 2, 1987 ext. 496 Commissioners' Meeting_ PHONE NUMBERS: HILLSBOROUGH - 732-8181 7 2. Resolution from March 2, 1987 HILLSBOROUGH - 732-9361 Commissioners' Meeting. CHAPEL HILL - 967-9251 3. Proceedings for March 24, 1987 MEBANE - 2272031 Public Hearing. DURHAM - 688-7331 PURPOSE: To receive public comment on the order authorizing $200,000 Sanitary Sewer Bonds introduced at the Orange County Board of Commissioners meeting on February 2, 1987. Following the Public Hearing, the Board shall vote on the adoption of the order. The County Attorney will lead the Board through the proceedings. BACKGROUND:. The Local Government Bond Act, as amended, requires the Board to hear anyone who wishes to comment on the validity of the order or the advisability of issuing the bonds before voting on the adoption of the order. Adoption of the order authorizes the County to issue bonds in the amount of $200,000 for sanitary sewer purposes. • RECOMMENDATION(S) : - Adopt bond order. • • _. . 00 The Board of Commissioners for the County of Orange, North Carolina, met in regular session at the Orange County Courthouse, 106 Margaret Lane in Hillsborough, North Carolina, the regular place of meeting, at 7:30 P.M., on February 2,1987. Present: Chairman Shirley Marshall, presiding, and Commissioners Moses Carey, Stephen Halk lot is, John Hartwell and Don Willhoit • Absent: None - - Also present: Gordon Baker, Finance Director and Beverly Blythe, Clerk to the Board of Commissioners. • r • * * * * - Commissioner Moses Carey introduced the following order authorizing bonds which was read: • ORDER AUTHORIZING $200,000 SANITARY SEWER BONDS BE IT ORDERED by the Board of Commissioners for the County of Orange: 1. That, pursuant to The Local Government Bond Act, as amended, the County of Orange, North Carolina, is hereby author- ized to contract a debt, in addition to any and all other debt which said County may now or hereafter have power or authority to contract, and in evidence thereof to issue Sanitary Sewer Bonds in an aggregate principal amount not exceeding $200,000 for the purpose of providing funds, with any other available funds, for constructing a portion of a sanitary sewer system for said County, including the construction of sewage collector, inter- ceptor and force mains and lines, sewage pumping facilities and appurtenant facilities, the construction of a sewage main to transport sewage to the sanitary sewer system of the Town of Hillsborough for treatment and the acquisition of any necessary land, rights of way and equipment therefor. 2. That taxes shall be levied in an amount sufficient to pay the principal of and the interest on said bonds. BaQwwa oco.ONE WORLD rR.eccgNrea.Miw.ONn.N♦MOW F Y - _ • ..._ _ 003 . 1 3. That a sworn statement of .the debt of said County has been filed with the Clerk to the Board of Commissioners and is open to public inspection. 4. That this order shall take effect 30 days after its publication following adoption, unless it is petitioned to a vote of the people as provided in G.S. §159-60 in which event it will take effect when approved by the voters of the County at a refer- endum as provided in said Act. The Board of Commissioners thereupon designated the Finance Director as the officer whose duty it shall be to make and file with the Clerk to the Board of Commissioners the. sworn statement of debt of the County which is required by The Local Government Bond Act, as amended, to be filed after the bond order has been introduced and before the public hearing thereon. Thereupon the Finance Director filed with the Clerk to the Board of Commissioners, in the presence of.the-Board of Commis- sioners, the sworn statement of debt as so required. Thereupon the order entitled: 'ORDER AUTHORIZING $200,000 SANITARY SEWER BONDS° was passed on first reading. On motion duly made, seconded and unanimously carried, the Board of Commissioners fixed 7:30 P.M., February 17, 1987 in the District Courtroom of the Old Chapel Hill Post Office in Chapel Hill, North Carolina as the hour, day and place for the public hearing upon the foregoing order and directed the Clerk to the Board of Commissioners to publish said order, together with the appended statement as required by The Local Government Bond Act, . as amended, once in The Durham Morning Herald and The News Of Orange not later than the sixth day before said date. -2- • wwOwN•woo=ONE weaW rw•GE CEN rei.NEW Is•.Gpr. • 1)U : • . * I, Beverly Blythe, Clerk to the Board of Commissioners for the County_of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a regular meeting held on February 2, 1987 as relates in any way to the introduction and passage on first reading of an order authorizing bonds of said County and the call of a public hearing upon said order and that said proceedings are recorded in Minute Book No. 21 of the minutes of said Board, beginning at page and ending at page -I DO HEREBY FURTHER CERTIFY that a schedule of regular meetings of said Board, stating that regular meetings of said Board are held on the first Monday of each month in the Orange County Courthouse at 106 Margaret Lane in Hills- borough, North - Carolina at 7:30 P.M. and on the third Tuesday of each month in the District Courtroom of the Old Chapel Hill Post Office in Chapel Hill, North Carolina at 7:30 P.M., has been on file in my office pursuant to G.S. §142-318.12. WITNESS my hand and the corporate seal of said County, this 2nd day of February 1987. / , ; Al/ ark-to the =oar. of Commissioners .1:040,;•1•w000.ONe WONN.o TRADE CgN rea r ew.oaw w•Ioey nr0I: The Board of Commissioners for the County of Orange, North Carolina, met in regular session at the Commissioners' Meeting . Room, at 106 Margaret Lane in Hillsborough, North Carolina, the regular place of meeting, at 7:-30 P.M., on March 2, 1987. Present: Chairman Shirley Marshall, presiding, and Commissioners Absent: * * * .* * Commissioner introduced the following resolution which was read: • RESOLUTION RESCHEDULING THE PUBLIC HEARING TO• HAVE BEEN HELD ON FEBRUARY 17, 1987 CONCERNING THE ISSUANCE OF $200,000 SANITARY SEWER BONDS OF THE COUNTY OF ORANGE, NORTH CAROLINA BE IT RESOLVED by the Board of Commissioners for the County of Orange: Section 1. That the public hearing to have been held in the District Courtroom of the Old Chapel Hill Post Office in Chapel Hill, North Carolina at 7:30 P.M. on February 17, 1987, concerning the questions of the validity.of the bond order introduced before the Board of Commissioners authorizing $200,000 water Bonds and the advisability of issuing such bonds, was not held due to 'increment weather. Section 2. That such public hearing is hereby rescheduled to 7:30 P.M. , March 24, 1987 in the District Courtroom of the Old Chapel Hill Post office in Chapel Hill, North Carolina. Section 3. This resolution will take effect upon its passage. Thereupon Commissioner moved the passage . of the foregoing resolution; and Commissioner seconded the motion, and the resolution was passed by the following vote: • 9•0•••*000.0N•WORLD TRADE Gu■ NCW)0111{.N.V 1=KB 0 Ayes: Commissioners Noes: ' Thereupon the Board of Commissioners directed the Clerk to the Board of Commissioners to republish the order authorizing $200,000 Sanitary Sewer Bonds of the County, together with the appended statement calling the rescheduled public hearing on such order as required by The Local Government Bond Act, as amended, once in The Durham Morning Herald and The News Of Orange not later than the sixth day before March 24, 1987. I, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a regular meeting held on March 2, 1987 as relates in any way to the passage of a resolution rescheduling the public hearing upon an order authorizing bonds of said County and that • said proceedings are recorded in Minute Book No. of the minutes of said Board, beginning at page and ending at page I DO HEREBY FURTHER CERTIFY that the attached schedule of regular meetings of said Board has been on file in my office pursuant to G.S. §142-318.12 as of a date not less than seven days before said meeting. WITNESS my hand and the corporate seal of said County, this day of March 1987. Clerk to the Board of Commissioners -2- 6110..S WOOL..ONE.OALD TNADS C[N7[N.NLW CORK...N-I OQ45 • • • • The Board of Commissioners for the County of Orange, North Carolina, met in, regular session in the District Courtroom of the Old Chapel Hill Post Office in Chapel Hill, North Carolina, the regular place of meeting, at 7:30 P.M. on March 24, 1987. Present: Chairman Shirley Marshall, presiding, and Commissioners Absent: The Chairman announced that this was the hour and day fixed by the Board of Commissioners for the public hearing upon the order entitled: "ORDER AUTHORIZING $200,000 SANITARY SEWER BONDS" and that the Board of Commissioners would immediately hear anyone who might wish to be heard on the question of the validity of said order or the advisability of issuing said bonds. No one appeared, either in person or by attorney, to be heard on the question of the validity of said order or the ad-' visability of issuing said bonds and the and Clerk to the Board of Commissioners announced that no written statement relating to said question had been received. • Mqw" NOM OW wONW TRACK ciNr[a.N[w WORM.N.Y.1 0044, NOTE: The preceding page is written on the theory that no person wishes to be heard, either Orally or in writing. If the contrary is true, one or more of the following clauses may be added after the last sentence on the preceding page: except , residing at , who appeared in person and stated • • except , Esq., who stated that he represented , residing at , who wished to state except a statement signed by per- sons, which statement was read and ordered spread upon the minutes, and is as follows: (If any written statement is filed it should be inserted in full in the minutes at this point, including names of signers, if such insertion is practicable) . All of the foregoing statements were duly considered by the Board of Commissioners. [In any event, remove this page from the proceedings prior to their certification.] • -la- MOWN•WVO011.O.4f wonw TRADE CL•TCR.M[W MON.N.V 1 DC+M • • 009 Thereupon, upon motion of Commissioner seconded by Commissioner and carried, the order introduced and passed on first reading on February 2, 1987 entitled: "ORDER AUTHORIZING $200,000 SANITARY SEWER BONDS" was read a second time and placed upon its final passage. The vote upon the final passage of said order was: Ayes: Commissioners Noes: The Chairman then announced that the order entitled: "ORDER AUTHORIZING $200,000 SANITARY SEWER BONDS" had been adopted. The Clerk to the Board of Commissioners was thereupon directed to publish said order, together with the appended statement as required by The Local Government Bond Act, as amended, once in The News of Orange and The Durham Morning Herald. * I, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on March 24, 1987 as relates•in any way to the adoption of an order authorizing bonds of said County and that said proceedings are recorded in Minute Book No. of the minutes of said Board, beginning at page and ending at page -2- • AWN•WOOD-ONE WONLO TRLOC CENTER.NEW VOW,N.T.19040 010 I DO HEREBY FURTHER CERTIFY that the attached schedule of regular meetings of said Board of Commissioners has been on file in my office pursuant to G.S. §143-318.12 as of a date not less than seven days before said meeting. WITNESS my hand and the corporate seal of said County, this day of March 1987. Clerk to the Board of Commissioners p -3- 'MOWN•WOO/I ONE wwKO PEACE CENTER.NEW VOw1L N.V-10044 • O R A N G E COUNTY f - BOARD OF COMMISSIONERS 1 ACTION AGENDA ITEM ABSTRACT Meeting Date March 24, 1987 Action A e da SUBJECT: PROPOSED HOUSE NUMBERING ORDINANCE Item DEPARTMENT: PLANNING PUBLIC HEARING X Yes —_ No ATTACHMENT( S ) : INFORMATION CONTACT: Marvin Collins Proposed House Numbering Ordinance TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive citizen comment on and adopt a proposed ordinance to assign and regulate house and building numbers in Orange County . BACKGROUND: In 1981 , Orange County established a system for naming roads and streets in the County. However, identification of the location of homes and businesses continued to be according to the rural box numbers assigned by the postal service for purposes of mail delivery . This has been an inadequate method where growth is occurring rapidly since the numbers assigned must be changed frequently at great inconvenience to the public. Furthermore, it is inadequate to give emergency service agencies indication of precise location . Per an agreement reached in January 1987 between the County Manager and the Chapel Hill Postmaster, a joint project was undertaken between the County and Postal Service to begin the conversion of rural box numbers to a system of permanently assigned house numbers. Once the actual assignments are made no further changes in numbering should be necessary . The proposed ordinance identifies guidelines for the purpose of providing a consistent and coherent means for assigning house and building numbers as well as requirements for the display of numbers. Upon approval , the system will be used uniformly throughout Orange County . A Planning Board recommendation is not required on the proposed ordinance, and the Commissioners may adopt the ordinance following the conclusion of the hearing. RECOMMENDATION: Approval of the proposed ordinance. 012 AN ORDINANCE TO ASSIGN AND REGULATE HOUSE AND BUILDING NUMBERS IN ORANGE COUNTY WHEREAS, a consistent and coherent house and building numbering system for ORANGE COUNTY is necessary for public safety purposes, to minimize confusion for citizens and visitors to the County, to facilitate orderly and comprehen- sive mail delivery, and to establish a constant and permanent address for ORANGE COUNTY citizens; NOW, THEREFORE, the Orange County Board of Commissioners do ordain: Section 1. As used in this ordinance, the term "administra- tor" refers to the person designated by the County Manager to perform the responsibilities pursuant to the accomplishment of the terms of this ordinance. Section 2. The owner of every house and every principal building shall display or cause to be displayed on the front thereof, or on the appropriate rural box in a position easily observed from the street, the number assigned by the administrator to that specific house or building. House numbers used on rural boxes must be inscribed in contrasting color in neat numerals and letters not less than 1 inch high, on the side of the box, or on the door, if boxes are grouped. The owner shall comply with this section within thirty (30) days after receiving a written notice from the administrator requesting such action, and specifying the house or building number assigned. Section 3. No person may display or cause to be displayed on any house, building or box any number other than the number assigned by the administrator. Section 4. No person may remove, obliterate or destroy any number displayed in accordance with Section 2 of this ordinance. Section 5. The administrator shall assign house and building numbers in accordance with a system that adheres as closely as possible to the principles set forth in this section. However, ' matters of interpretation regarding the following guidelines shall be formulated through the sound discretion of the administrator. IL r.4 a. The County shall be divided by two axes, the north-south axis shall be Highway 86 (New Highway 86 from the Caswell County line to 1-85, Old Highway 86 from I-85 to Calvander) . The east-west axis shall be St. Mary's Road (from the Durham County line to Highway 70) and a continuance of Highway 70 from that intersection westward to the Alamance County line. b. Numbers shall run in an ascending order from east to west on streets to the west of the north-south axis. Numbers, likewise, shall run in an ascending order from west to east on streets to the east of the north-south base line. Numbers shall run in an ascend- ing order from south to north on streets to the north of the east-west axis. Numbers, likewise, shall run in an ascending order from north to south on streets to the south of the east-west axis. c. All dead-end streets shall begin numbers at the open end, no matter which compass direction they follow. d. Streets with both ends opening from the same direction shall begin numbering on the end closest to the axis. e. Streets which do not run north-south or east-west shall begin numbering at the end closest to the axis. f. Streets which connect to both axes shall begin numbering on the end stemming from the north-south axis. g. Each block shall begin a new series, for example, 101, 201, 301. h. Numbers shall remain unassigned in order to accommodate future development, and block numbers shall be assigned to undeveloped areas. Section 6. violation . of this ordinance shall constitute a misdemeanor punishable as provided in G.S. 14-4. Whenever the governing body of the County has reasonable cause to believe that any person is violating or threatening to violate this ordi- nance, it may, either before or after the insti- tution of any other action or proceedingauthoriz- . . 0J+ �` zed by this ordinance, institute a civil action in the name of the County for injunctive relief to restrain the violation or threatened violation or to require an act or acts necessary to comply with the ordinance. Section 7. If any provision of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdictions, such provision shall be deemed a separate, independent provision and such holding shall not affect the validity of any other provision hereof, and to that end, the provisions of this ordinance are hereby declared to be severable. Section 8. This ordinance shall be effective on 1987. Adopted this day of , 1987. O R A N G E C O U N T Y 0� BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date March 24, 1982 Action Agenda Item irtia SUBJECT: ASSIGNMENT OF HOUSE AND BUILDING NUMBERS DEPARTMENT: PLANNING PUBLIC HEARING X Yes —_ No ATTACHMENT( S ) : INFORMATION CONTACT: Marvin Collins G. S. 153A-240 Location Map Notification Letter TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive citizen comment on proposed house and building numbers to be assigned in two rural routes in the County. . BACKGROUND : Per an agreement reached in January 1987 between the County Manager and the Chapel Hill Postmaster, a joint project was undertaken between the County and Postal Service to begin the conversion of rural box numbers to a system of permanently assigned house numbers. Once the actual assignments are made, no further changes in numbering should be necessary . Two rural routes have thus far been been assigned numbers according to a proposed system developed by the County . The include Route 8 ( area north of Chapel Hill consisting of Stoneridge and Sedgefield subdivisions, and homes bordering Old N.G. 86, Mill House Road and Whitfield Road) and Route 5 (area west of Carrboro off Jones ferry Road ) . Thereafter, others will be done in phases. General Statute 153A-240 requires that a public hearing be held on the proposed house and building numbers to be assigned. Notices have been sent to all affected residents, and posted in the Courthouse in at least two public places in Chapel Hill Township ( Estes Drive and Franklin Street Post Offices, Cedar Creek Store, and Willow Creek Shopping Center ) . A Planning Board recommendation is not required on the proposed house and building numbers, and the Commissioners may approve the assigned numbers following the conclusion of the hearing. RECOMMENDATION: Approval of the proposed house and building numbers for rural routes 5 and 8, followed by notification of the Chapel Hill Postmaster, the N.C. Department of Transportation, and the Towns of Chapel Hill and Carrboro as required by G. S. 153A-240 . V ; "'�'• l n:�•, .•:te�' .y l.-�4:.:.'i_ .l.;•. is'':�'•'•.i'Y`. "r'. . ._.; ' 1/21,' ' •••-:,':,,-",; - ' ; : '• r. !. i , � 4 •,:, ^p r:•;'! r1J. . .b�i�: >:• ...-•:.,,11. �!ti:"v ti .•r.'lu T 0 - : a1�/.`! ' t i ••�fie M1 r.a ,y4M.I !•hr i1.� .'`* y,,s!F>.:�- k: �>I 1.-_!` ,``.. I;.4j i f « 1.. ,C{'•.i- ,�• ''1.'., t. : . ':rt, a, ,: V.•.r .: •1. r q,� k .) i 1 !r ' � ,atr : : i •y' ,4 Li:Ii ' Y ii`•; 'Y J,r. , ._r• .:r.-.,,. ` L,',y. i'1r,:,, Fr.r:,.•r..,. ' t a�`, ,. . -• A :Yp F i_l ' ! ,, ..,,1� •x; '1#, i.,-'..A."!`•!�Lrry •Jy J4;;-t'I-f'.P,iC.I'.1 •-,k':.• 2,%h ';.'05.: ��y'.V;V s l• �. ;1•1�4r. 'Jt.p q" ,',r,I L,. , •�[• f q�rr..�i.•,'{,' J�'. .-r, Y ; P[.. •� • '::�wt•.i i"�„:_.. ,r•'',!r„ :. I '.',r j p -{'.r, 1:' �a.:y -..:,e t r ,r,', .,R 'A , J ! . Y yY {� :hF , �i'Y,!∎- ■ 1''14'.l: �;r.i••L,::I ►.u7,:'.1, t-- .�3ti,v:•' -y,:.j ;: ti•mah}-[_'�Y` ;•-�, i.,.f.- . f.1.F' •�I,: ^::�7�{ :,4�4«iVrair.a�- r r• �-n % } . . �i ,. _ _ .._ .ww '*•' ,1':'i�r• , d .L !•rdiry{ r�:i t;•i �, 1.}� .{ § 153A-236 CH. 153A. COUNTIES 1 • l:l l ti. ,r j �;2 § 153A-24u ; {�:0 4 ' ;; • cil, set the duties of any person appointed or designated as a fire prevention t ` ”"'1i ��' '1. %Fr :,} inspector. A fire prevention inspector shall not make electrical inspection: "```� 'r: ' ,4: unless he is qualified to do under , "LI ;Fn';, 1.r t' o so u G.S.G.S. 153A-351. 12965 c.626; 1969,c. lO6a, �„ t,„ liiY7►,1 w,+ s. 3; 1973, c. 822, s. 1.) 1 ' � § 153A-236 to 153A-238: Reserved for `� ;1z;); t �6 `�28� or future codification purposes. ARTICL',O.., - E 12.� ''` : ' A cu ...utility •=141',. .;r1x ; `' � Roads and B ridb a S' unde r .": S ` L.:ll'd�• ; -. n .0i,.4 § 153A-239. Pu blic road defined c u r� .. l , l Li •0-....,!;41,,,:,•.,i,,,.,1,,' . In this Article "public road" or "road" means any road, street, highway, The s: +, R` thoroughfare, or other way t, stress: 1 '"i"•'t" ., ; ''. g y of passage that has been irrevocably dedicated to . '� the public or in which the public acquired rights by prescription, r,.•;;ilu .1.,,:-.t:'7.51,.. w:to;I. ,.1 ! p open f 1c has 1. (1973, y seriptlo without g n, w Wl prof:. ;;,:,, 1�e,,.•�>, regard to whether it is o or trav ( , c, 822, s, r,... a,;wr -44.',•,.7.",..':.� 1. Local Modification. — Brunswick: `� '.il ' l: 2nd Sess., C. 1319; Cabarrus: 19 1 1979, requesl u Ic li5¢o <,•; 3r• ;,;� 568 . or u:l�u ?.:°y �1rt'si i amending 1979,2nd Sess.,c. 1319. •{Ii Jppear .,:%.1.?-..vi,".;;:!.,*!It.lJ'.t!...1 1 i :a,;;,,, .; r; 153A-240. Naming roads and assigning street numbers in Cullu al• c.� ,rL . . : unincorporated areas. u1C11►n;;1 IFr.i t tut his �!1 �° A county may by ordinance name or rename any public road within the `''1 '`r''° y not within a cif and m crrlilirl 1,� , ,.: count and n y, may assign or reassign street numbers fora* �',, .';1tsr.:l:,.1 on such a road. In naming or renaming a public road, a county may not Ul.tilt! I, .:',1' ',''' ' (1) Change the name,if any,given to the road by the Board ofTranspona- - I )' ! " '', !; tion, unless the Board of Tr ''' J. Transportation agrees; tpp�:ll ! „1:0;,.. (2) Change the number assigned geed to the road by the Board of Transports i;cliv'•z.'I ;:4r,�_�;" but may give the road a name in addition to its number; or 1 cuurl ill '',r,;l 4 (3) Give the road a name that is deceptively similar to the name of any ! Ana to u 1,!',r:rV; other public road in the vicinity. ll'lt!' ui' .i. •Aw. ,, .- A county shall not name or rename a road or assign or reassign street Nu uu numbers on a road until it has held a public hearing on the matter. At least ' clu;'ll(_; : ,;:;]. = 10 days before the day of the hearing, the board of commissioners shall causr J rwrrvu'1' missioners sh p s - notice of the time, place, and subject matter of the hearing to be prominently I Upu" ,A:-.::' '? .: - posted at the county courthouse, in at least two public laces in the township ! right, iii ;if,2-", ?f! — or townships where the road is located, and shall publish a notice of such 1 IWIa ur h ` �":::: — hearing in at least one newspaper of general circulation published in ilk :�dlulull' `''I '-'l — county. After naming or renaming a public road, or assigning or reassigning `"' `� lire u f L I street numbers on a public road,a county shall cause notice of its action to be • 4 '• . given to the local jurisdiction i n Lin au ggt1 postmaster with jurisdiction over the road, to the Board oi utility u """'' Transportation, and to any city within five miles of the road. I utility l,�t r� This section does not repeal or modify Chapter 945 of the Session Laws oi u l it i l y i, 1953, which pertains to naming �.-L^ 507, p namin streets in Kannapolis. (1957, c. 1068; 1973, .19-19, c• s. 5; c. 822, s. 1981, cc. c' , .ti+' 1; 1 112, 518.) c. 507, Local Modification 1979 =r'• r' tp 2nd 1319; ` Brunswick: been tittbatituted for"State Highway Cornmi, Lue.8I 11 Sess., c. 9; Cabarrus: 1961, c. 568 lion" y .J41'2. 1 bri l. :1; " ' 'r+ amending 19 79, 2nd Seen, c. 1319; Forsyth and for"Commission" 3, this section "" 1981,c.556;(Milford: 1979,c.283. • enacted by Laws 1973,c.822. Legal I Le a .:i '., ;_:,';�:: G Effect of Amendments. — The first 19:! l l,. :; -+ Editor's Note.—Pursuant to Session Laws amendment substituted"at the County Coen- ' '.;,r.:r,1 el o 1973,c.507,s.5,"Board ofTranaporwuon"has house, in at least two public places in it.. ! * 1-.',;;.:';,-,j; 4 '',..f' ..`.1 e ::iv ", _ - ;":,.;......-;--:.....;._•,•::.� ha 1 . (.. .. , • V•• am . ... 'i 0 ■ • "Or i. • ' .1 . l IftT14f N • ,, o "M.-- - - - -- r• . M..11 .4,1 Si. Mil boa, "' +1 y,l lirm ar w. • y 1.1i "''fi ' '° -44. ow. ., , Mr 1/4", 1 w u I •M we �- ►HWY o .`;. • .: ' Q. m 1 jilliti If:14 ... - ! QV) H ' � .� AIL 410,6,-. .-ii,,,,,d •Is• /116..:K. . '• �� SI'Mac 1 ik . __ ` - EMI 111 .- t `U Il in n ID -f...., •--4"..' .11PIP .\s%''' ..., tliceXt.'47,... k"...."Ar 11111H'Ilif � ' w jl . 1141011111. ' ••'' 44i • iu w r b.,.' • Old ti • ► •• I , J: MY I w _ , _ ..2. Ma .tua Zia • MI a;.e...... ..p, : ., . ''''' Ir.% ea, i O . r z iaj �.4 r M A 0•004"jillp �� te d w r � ♦ _- r _. 1■' •P Asa 3 • ) » net' '1 1�3 r ' �.a • + ea• ',+ but ` r •� r r•4$ . ■ 4 .—.' gyp, ••.,,G.. y....... 4.4 .... " . , ..., . zi, ti• . . 3. 1 . 146.11 11.11 • 4,6 li. E- W r s •�� �ll /�• w Y " Axe r. . 11F re' Affected Rural - _ .. I Routes 11 r M .4 y I 'xa +a• i c o Y N r r - I D `fi i • Dear Citizen: • Orange County has begun a long-overdue pYocess of county-wide house numbering. his process is now�• .. being I�?TpJ. ='f'1[fi1:tC� .n• phases, Cca -rin1T7+' uitfi the rural. postal routes mo st subject to 1l^ e " sata expansion ier _r consolidation. Assigning house numbers constitute a single and address cheng f or Orange County rat± ns: :hereb rrecludin the need for future rural route and/or box number changes wi;ich have been frustrating. to the citizens affected. Additionally, the house numbering system will expedite mail delivery, and more importantly, allow 911 emergency calls. faster• access to addressed. On March 24, 1937, a public hearing will be held before the Orange • County Board of Commissioners for the purpose of considering adoption of an ordinance establishing a house numbering system it Orange County. Also scheduled for hearing is the proposed assignment of house numbers in two rural postal routes, including the one in which you reside or have your place of business. The hearing will be held .:r 7: 30 p. m. in the Courtroom of the L1. S. Post East Franklin Offi e on Street in Chapel i�ili. = usFranklin If approved, house numbers and street names will replace the old system of rural route and box numbers. Residents will also be required to display their new number on their mailbox with nuie gals at least i inch high. Larger numbers may be e•rfix�a to y t.r. house, where front st r as at distances which allow r _aaability from the f street. The proposed change affiecting your address is as OLD ADDRESS NEW ADDRESS follows: If you wish to speak in regard to either of t• attend the public hearing. We welcome '� - proposals, please your cv �;:rr.er:t::. If there are questions, please contact: Don Powell Orang County Planning Department . Hillsborough, 1C 27270 Phone: . 732--8:81 Ext. 345 (Chapel Hill 967•»9_;1i ) or: Carole Herndon U. S. Post Office 125 South Estes Drive Chapel Hill, 1`:C 27514-9998 Phone: 942--417 Sincerely, • Marvin Collins Ole a'-'ge County P lanrline 4 j� T a h 01e ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH NORTH CAROLINA 27278 0101 Dr„ . 4. .e t gn a.a' NOTICE OF PUBLIC HEARING ON A PROPOSED ORDINANCE TO ASSIGN AND REGULATE HOUSE NUMBERS IN ORANGE COUNTY, N.C. AND THE ASSIGNMENT OF HOUSE NUMBERS TO RURAL ROUTES IN ORANGE COUNTY, N.C. Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Section 240, notice is hereby given that a public hearing will be held in the Courtroom of the Chapel Hill Post Office, 179 East Franklin Street, Chapel Hill , North Carolina, on Tuesday, March 24, 1987, at 7 :30 pm for the purpose of giving all interested citizens an opportunity to speak for or against the adoption of a proposed ordinance for assigning and regulating house numbers in Orange County, and the assignment of house numbers in two rural routes adjacent to the Chapel Hill -Carrboro area . HOUSE NUMBERING ORDINNANCE The proposed ordinance is necessary for public safety purposes, to minimize confusion to citizens and visitors, to promote orderly mail delivery, and to establish a permanent address for Orange County citizens. The proposed ordinance identifies the method by which house numbers are assigned to residences and businesses, establishes rules for the display of assigned house numbers, and provides enforcement procedures for compliance. A$S I GEMEBI QE EDDIE LDEBERI Two rural routes are proposed to be changed from the existing rural box numbers to a system of permanently assigned house numbers. These routes include: 1 . Route A - An area north of Chapel Hill consisting generally of Stoneridge and Sedgefield Subdivisions, and homes along Old N.C. 86, Mill House Road and Whitfield Road. 2. Route - An area west of Carrboro including homes in the vicinity of Jones Ferry Road and portions of Old Greensboro Road, N.C. Highway 54 and Damascus Church Road. w % o?o All interested citizens are invited to attend this hearing and be heard. Public comment must be received during the public hearing. Changes may be made in the advertised proposal which reflect debate, objections and discussion at the hearing. Questions regarding the proposals should be directed to Mr. Don Powell in the Orange County Planning Department. The Planning Department is located in the New Courthouse, 106 East Margaret Lane, Hillsborough, N.C. Office hours are from 8:00 am to 5:00 pm, Monday through Friday. Planning Department telephone numbers are: 732-8181 in Hillsborough; and 967-9251 in Chapel Hill (Extension 345) . KG.44;(4.)0-A91-4 Marvin Collins, Planning Director 02i ORANGE COUNTY BOARD OF COMMISSIONERS Action A n a Item No. � ACTION AGENDA ITEM ABSTRACT Meeting Date: AUGUST 24, 1987 SUBJECT: RESOLUTION OF APPRECIATION DEPARTMENT: COUNTY. MANAGER PUBLIC HEARING: Yes X No INFORMATION CONTACT: MANAGER'S ATTACHMENT(S) : TELEPHONE NUMBER: 732-8181 Hillsborough Chapel Hill - 928 5 Mebane 227-2031 Durham - 688-7331 PURPOSE: To recognize by resolution the contributions of Robert Tennant, Director of Soil and Water Conservation. Mr. Tennant will be accompanied to the meeting by District Supervisors Charles Snipes, Bill Breeze, and Don Cox. Also present will be Dick Fowler, Area Conservationist. RECOMMENDATION(S) : Adopt and present to Robert Tennant the Resolution o '' Appreciation. IMMO ,A Dg,g RESOLUTION OF APPRECIATION FOR ROBERT S. TENNANT WHEREAS, in March of 1978, Robert S. Tennant became District Conservationist and Department Head for the Soil and Water Conservation Service; and WHEREAS, for the past nine years he has provided valuable assistance to farmers in advising them on technical matters pertaining to the planning and application of the best management conservation practices that should be installed. Such practices have saved for future generations millions of tons of top soil that otherwise would have been eroded; and WHEREAS, Robert S. Tennant has served on the Agricultural Task Force to help identify measures preserve farmland, and on the Water Resources Task Force to help develop- local strategies affecting surface water of the County; and WHEREAS, Robert S. Tennant acting under authority of the District Board of Supervisors, has earned through hard work and dedication the respect and appreciation of government officials, peers, coworkers, and citizens of Orange County; and WHEREAS, Robert S. Tennant has determined that it is now time for him to retire and channel his efforts toward new endeavors, NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners declares Robert S. Tennant to have been a. good steward, leader and member of Orange County Government and the District Soil Conservation Service. THEREFORE, On behalf of the citizens of Orange County it expresses to Robert S. Tennant its sincere appreciation an d gratitude for his years of service and contributions to Orange County and the Soil and Water Conservation Service, and wishes to him happiness and good health in the future. BE IT FURTHER RESOLVED, that this resolution be presented to Robert S. Tennant and a copy of the resolution be spread upon the minutes of this regular meeting of the 24th day of March, 1987. Board Member Board Member Board Member Board Member Board Member ►1 ORANGE COUNTY BOARD OF COMMISSIONERS Action A en a Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: MARCH 24, 1987 SUBJECT: "CLEAN SWEEP" MONTH AND PLAN DEPARTMENT: RECREATION AND PARKS PUBLIC HEARING: Yes X No AND PUBLIC WORKS ATTACHMENT(S) : INFORMATION CONTACT: MARY ANNE BLACK X292, WILBERT MCADOO X481 PROCLAMATION TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill -- 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To proclaim April as "Clean Sweep" month in Orange County to encourage citizens to participate in a month-long litter cleanup campaign called "CLEAN SWEEP. " BACKGROUND: The Governor's Office and the Keep North Carolina Clean and Beautiful, Inc. organization have designated April for a statewide litter cleanup campaign. As in previous years, the County will coordinate litter cleanup efforts with the local DOT office. Report on County plan will be presented by Recreation and Parks Director and Public Works Director, coordinators for the project. RECOMMENDATION(S) : / .J 024 P R O C L A M A T I O N WHEREAS, THE North Carolina Governor's Office has designated April for a statewide litter cleanup campaign on North Carolina highways; and WHEREAS, THE Orange County Board of Commissioners recognizes the benefits derived to the County when the highways and streets in the County are litter free; and WHEREAS, THE Board of Commissioners recognizes the negative impact on visitors and citizens when litter is permitted to accumulate; and WHEREAS, THE Board of Commissioners wishes to encourage and endorse the concept of this campaign called "CLEAN SWEEP:" NOW, THEREFORE, BE IT PROCLAIMED THAT THE ORANGE COUNTY BOARD OF COMMISSIONERS DOES HEREBY DESIGNATE APRIL AS "CLEAN SWEEP MONTH" IN ORANGE COUNTY. BE IT FURTHER PROCLAIMED that the Board of Commissioners encourages all citizens of Orange County to participate in Clean Sweep activities in their neighborhoods. THIS, the day of March, 1987. Shirley Marshall, Chair Orange County Board of Commissioners vLS,da VG vVu.11� J�4a:.w r�tJa; • • BOARD OF COMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO.F.1. :FETING DATE March 24, 1987 w SUBJECT: Contract Award for Assistance with the Orange County Master Recreation and Park Plan. OEpc,Rr; Recreation & Parks YES x NO PUBLIC HEARING: Mary Anne Black �•TT�aCSMENT(S) : • I INFORMATION CONTACT:Recreation & Parks - Professional Services Contract PHONE NUMBERS: HILLSBOROUGH - 732-8181 - Firms' Presentation Materials (under HILLSBOROUGH - 732-9361 separate cover) CHAPEL HILL - 967-9251 `EBANE - 227-2031 Ext. 292 DURHAM - 688-7331 PURPOSE: To award contract to assist with portions of the development of the Master Recreation and Park Plan. The selection of this firm was made after--assess the.._Professional three park planning firms (A local firm, originally selectedto assist,�now Punable to do of so due to firm's work load, A Selection Team composed of the Purchasing Director, the county's Comprehensive Planner, two representatives from the Orange County Recreation and Parks Advisory Council, and the Recreation and Parks Director assessed the 30 minute presentations (and written materials provided by each firm) via discussions and completion of a quantitative score sheet. It was the concensus of the Selection Team that the Woolpert firm was best able to assist Orange County in a most thorough and comprehensive manner. IMPACT: Original budgeted monies ($10,000) are inadequate to complete the Plan roce FY 87/88 monies to complete the plan will be minimal. These additional monies ($1d5 00) will be utilized to reduce the workload of the Planning Department throughout the process. RECOKKENDATION($) : Approve contract with _WoolpertConsultants and authorize the Chair - :to sign following approval by the-County Attorney as to legal forms. AN AGREEMENT BETWEEN ORANGE COUNTY, HEREIN THE COUNTY, AND WOOLPERT CONSULTANTS FOR THE PROVISION OF TECHNICAL ASSISTANCE IN DEVELOPING AN ORANGE COUNTY 096 RECREATION & PARKS MASTER PLAN, HEREIN THE PLAN. SCOPE OF WORK Woolpert Consultants will work closely with the Orange County Recreation and Parks Department, and the Orange County Planning Department to perform the consulting services associated with the formulation of the Master Recreation and Parks Plan (hereinafter the "Plan" or the "Project" as the context dictates). Woolpert Consultants proposes to act as Project Manager, responsible for the organization of the Project, and directing the other team members in completing their individual tasks. Representatives from these three groups will be referred to as a Project Team. The objective of the planning process will be to provide Orange County with an accurate, usable plan to guide its actions and decisions concerning the use, improvement, and development of its recreation program and park system. Emphasis of the process will include educating the community on the importance of good planning to insure recreational programs are offered, parks are developed, and open spaces are acquired for future generations to enjoy in Orange County. The Scope of Work is organized in five related components: Master Plan Purpose Statement with Goals and Objectives; Evaluation of Current and Projected Factors Pertinent to Orange County; Analysis of Current Recreation Programs and Park Facilities, Development of Recreation Standards, and Community Needs Assessment; Plan Proposals and Recommendations; and Action Plan Implementation. In consideration of mutual promises and conditions stated below, the County and Woolpert Consultants agree that the approach for performing the work, descriptions of services, and proposed individual team member responsibilities for each component, are as follows: COMMENT ONE/MASTER PLAN P[AtP0se sTATemmalura GOALS AND OBJECTIVES Woolpert Consultants A. Woolpert Consultants will organize the Project start-up meetings with representatives from the Recreation and Parks Department and Planning Department who will actively participate in the Project. Individual project responsibilities and milestones for completing tasks will be shared with the Project Team. Background information such as the studies prepared during the 1970's concerning recreation in Orange County, demographic data, mission statement, etc., will be reviewed by the Project Team. B. Woolpert Consultants will work closely with the Project Team in identifying specific goals and objectives to be embodied in the Plan. Emphasis will be placed upon identification of directed goals and objectives which address local needs. C. Woolpert Consultants will responsible for formating, typing, and quality control of the Plan, including this First Component. A word processing system compatible with the one being operated in the Orange County Recreation and Parks Department will be used in preparing the Plan. Upon completion of the project, the data diskette will be delivered to the County for future revisions. The data diskette(s) submitted will be compatible with the Recreation and Parks Department's micro-computer system which utilized (hardware) an Olivetti, Model M18DT-2, and (software) the Olivetti wordprocessing system, "Wordstar," MS DOS 2.11. Recreation and Parks Department A. Recreation and Parks Department will be responsible for writing a draft mission statement to be included in the Master Plan. B. Recreation and Parks Department will summarize the goals and objectives discussed during the start-up meeting and write a draft to be included in the Plan and deliver it to Woolpert Consultants for final typing and editing. Planning Department A. Planning Department will participate in the start-up meeting by assisting in goal and objective formulation consistent with those of Orange County. B. Planning Department will be responsible for preparing all graphics, including maps, plates, etc., which will help support the text of the Plan. Initial graphics to be completed during Component One include Plan cover design, large-scale vicinity map, county base map, and individual township base maps. • COMPONENT TWO/EVALUATION OF CURRENT AND PROJECTED FACTORS PERTINENT TO ORANGE COUNTY Woolpert Consultants A. Woolpert Consultants will organize and participate in a second work-in-progress meeting with the Project Team to review the work completed in Component One, and to discuss demographics and sociological factors relating to Orange County. Woolpert Consultants will assist in the identification of pertinent information to be used in the Plan. B. Woolpert Consultants will complete a written inventory of existing and potential recreation and park sites in Orange County. Inventory information previously assembled by the Recreation and Parks Department and base maps prepared by the Planning Department will assist Woolpert Consultants in completing this task. A photographic (35mm slides) inventory of existing facilities will be prepared by Woolpert Consultants. The photographic inventory will become the property of the County upon the Plan's completion. C. Woolpert Consultants will organize a Master Plan Advisory Group, composed of representatives from the Orange County community not involved in the actual production•of the Plan. The Advisory Group's function will be to review work-in-progress and provide community input into the Master Plan. The first evening meeting with the Master Plan Advisory Group will be to review completed work of components One and Two of the Plan. D. Copies of a preliminary draft of Components One and Two of the Plan will be provided to each group member for review. 2 •j Recreation and Parks Department A. Recreation and Parks Department will complete a written inventory of existing recreation and park programs, areas and facilities offered by public, voluntary, and private agencies. B. Recreation and Parks Department will participate in both the Project Team and Master Plan Advisory Group work-in-progress meetings. Planning Department A. Planning Department will prepare a written evaluation of current and projected (20 year) demographic and sociological factors pertinent to Orange County, including composition of the population, population growth projections/trends, economic factors, and community land use patterns. Planning Department will provide a draft of its evaluation to Woolpert Consultants who will in turn, type and edit the evaluation for inclusion in the Plan. B. Planning Department will prepare a written evaluation of current and projected physical factors, including land use, topography, highways and roads, physical barriers, and water resources. Planning Department will provide a draft of its evaluation to Woolpert Consultants, who will in turn, type and edit the evaluation for inclusion in the Plan. C. Planning Department will be responsible for preparing any necessary graphics, maps, plates, etc., to help support the text of Component Two. D. Planning Department will participate in both the Project Team and Master Plan Advisory Group work-in-progress meetings. COMM= THREE/ANALYSIS OF =RENT RECREATICU PROMAMS AND PARK FACILXTIEs DEVELOPMENT OF RECREATION STANDARDS, AND COMMUNITY NEEDS ASSESSMENT Woolpert Consultants A. Woolpert Consultants will organize and participate in a third work-in-progress meeting with the Project Team to review the work to be prepared in Component Three. The Project Team will evaluate current recreation programs and park facilities, develop recreation •standards which will become part of the Plan, and assess the recreation needs of Orange County. B. Woolpert Consultants will develop recommended recreation, park facility, and open space standards tailored specifically for Orange County, (guided by those standards established by the National Recreation and Park Association) and compare existing (a) outdoor recreation program facilities, (b) public open space and park areas, and (c) indoor recreation facilities with these Orange County standards to determine unmet needs. C. Woolpert Consultants will assist in identifying and describing to the Recreation and Parks Department unmet recreational needs within Orange County. Woolpert Consultants will provide assistance to the Recreation & Parks Department in the comparison of existing recreation facilities to the standards developed in Component Two. D. If the Recreation & Parks Department elects to conduct a survey of community perception and attitudes of existing recreation facilities and services in Orange County, Woolpert Consultants will assist in preparing the survey and training the volunteers who will conduct the survey. 3 029 D. Woolpert Consultants will be responsible for formating, typing, and quality control of Component Three. E. Woolpert Consultants will organize and lead a second work-in-progress meeting with the Master Plan Advisory Group. The purpose of this meeting will be to review the completed work of Components One, Two, and Three. Copies of a preliminary draft of Components One, Two and Three of the Plan will be provided to each group member for review. Recreation and Parks Department A. Recreation and Parks Department will be responsible for conducting public information/input meetings in each township of Orange County to identify recreational needs of the community not being met. Woolpert Consultants will provide guidance on what information is needed and how the meetings should be conducted. B. Recreation and Parks Department will prepare a written evaluation using the standards developed in Component Two of existing recreation and park programs based on information obtained through the public input meetings and a comparison with recreation standards prepared by Woolpert Consultants. This comparison task will be led by Woolpert Consultants. C. Recreation and Parks Department will participate in both the Project Team and Master Plan Advisory Group work-in-progress meetings. D. (Optional) If so desired by the Recreation and Parks Department, the department may conduct a random community survey of perceptions and attitudes of existing recreation facilities and services in Orange County. The exact survey technique and sampling methodology will be determined by the Project Team.- • PLANNING DEPARTMENT A. Planning Department will be responsible for preparing any necessary graphics, maps, plates, etc., to help support the text of Component Three of the Plan. B. Planning Department will participate in both the Project Team and Master Plan Advisory Group work-in-progress meetings. COMPONENT FOUR/PLAN PROPOSALS AND RECOMMENDATIONS Woolpert Consultants A. Woolpert Consultants will organize and participate in a fourth work-in-progress meeting with the Project Team to discuss the Plan proposals and recommendations. B. Woolpert Consultants will formulate the proposals and recommendations. Emphasis will be placed on current needs, projected needs, methods of financing, administration and staffing requirements, and proposed operating budget. Proposals and recommendations will be formated for individual townships and the County as a whole. C. Woolpert Consultants will be responsible for formating, typing, and quality control of Component Four. 4 Recreation and Parks Department (j 3 U A. Recreation and Parks Department will assist Woolpert Consultants in developing proposals and recommendations for the Plan. B. Recreation and Parks Department will participate in the Project Team work- in-progress meetings. Planning Department A. Planning Department will assist Woolpert Consultants in developing proposals and recommendations for the Plan. B. Planning Department will be responsible for preparing any necessary graphics, maps, plates, etc., to help support the text of Component Four. C. Planning Department will participate in the Project Team work-in-progress meeting. COMPONENT FIVE/ACTION PLAN IMPLEMENTATION Woolpert Consultants A. Woolpert Consultants will organize and participate in a fifth work-in- progress meeting with the Project Team to discuss the action plan implementation of the Plan. B. Woolpert Consultants will formulate an Action Plan to meet the unmet recreation needs of Orange County. Each township will be studied and related to the County as a whole. The Action Plan will address unmet needs as it follows: (a) outdoor recreation program facilities, (b) public open space and park areas, and (c) indoor recreation facilities. Special emphasis will be placed on the utilization of existing resources. C. Woolpert Consultants will prepare detailed cost estimates of all proposed development improvements. D. Woolpert Consultants will be responsible for formating, typing, and quality control of Component Five of the Plan. E. Woolpert Consultants will assist the Recreation & Parks Department in preparing a 5 year and 20 year priority schedule for the Action Plan. F. Woolpert Consultants will organize and lead a third work-in-progress meeting with the Master Plan Advisory Group. Copies of a preliminary draft of Components One through Five of the Plan will be provided to each group member for review. Recreation and Parks Department A. Recreation and Parks Department will prepare a priority schedule of the Action Plan for land acquisition, construction of capital improvements and renovation of existing facilities to include a 5 year plan and a 20 year plan, the latter in 5 year segments. B. Recreation and Parks Department will write an Executive Summary of the Master Plan report highlighting the key issues and recommendations. C. Recreation and Parks Department will participate in both the Project Team and Master Plan Advisory Group work-in-progress meetings. 5 031 D. Recreation and Parks Department will be responsible for final copying of the completed Plan. Planning Department A. (Optional) If so desired by the Recreation and Parks Department, the Planning Department will prepare a camera-ready written and graphic summary describing the planning process, proposals and recommendations, and implementation program for the Plan. This summary will be intended for public distribution and educational promotional activities within the community. B. Planning Department will be responsible for preparing any necessary graphics, maps, plates, etc., to help support the text of Component Five. C. Planning Department will participate in both the Project Team and Master Plan Advisory Group work-in-progress meetings. In addition, the County agrees to provide the following materials to Woolpert Consultants: a. Study entitled "Outdoor Recreation Development - Orange County, N.C. (1971) b. Study entitled "A Plan for Recreation and Parks - Orange County, N. C. (1974) c. Orange County Land Use Plan d. Orange County Subdivision Regulations, outlining requirements for dedication (or payment-in-lieu) of open space for public recreation. e. An inventory of areas of historical, cultural, and archeological significance. 6 03 2 PLANNING TIME FRAME The planning process will take seven and one-half (7.5) to eight (8) months. The work tasks with projected completion dates are as follows: • SUBMITTAL Work Task Time Frame BENCHMARK (on or before the week of) - Award of Contract March 24 - Start-up Meeting with Project Team April 7 -- Prepare Purpose Statement with Goals & Objectives April 7 - April 27 - Format, Type Component One April 27 - May 4 -- Second Meeting with Project Team May 4 - Evaluate Current and Projected Factors of Orange County May 4 - May 25 - Format, Type Component Two May 25 - June 1 - First Meeting with Advisory Group June 1 - Review Components One and Two June 1 - June 5 - Final Edit, Type Component One and Two June 15 - June 22 30% - Develop Standards for Orange County June 1 - June 29 - Conduct Public Input Meeting April 7 -- June 29 - Conduct Community Survey April 7 - June 29 - Third Meeting with Project Team June 29 - Prepare Needs Assessment June 29 - July 20 - Format, Type Component Three July 20 - July 27 - Second Meeting with Advisory Group July 27 - Review Component Three July 27 - August 10 - Final Edit, Type Component Three August 10- August 24 60% - Fourth Meeting with Project Team August 24 - Formulate Proposals and Recommendations August 24 - August 31 - Cost Estimates for all Proposals August 31 - September 1 - Establish Priorities September 1 - September 14 - Format, Type Components Four and Five September 14 - September 21 - Third Meeting with Advisory Group September 21 - Review Components Four and Five September 21 - October 5 - Final Edit, Type Components Four and Five and deliver/camera-ready to the County October 5 - October 12 90% - Present Plan to Planning/Recreation & Parks Boards October 13 - Present Plan at Public Hearing November 23 100%. Woolpert Consultants agrees to perform its duties described in this agreement according to the fee schedule below, subject to the not-to-exceed limit of $11,500.00. Orange County agrees to pay Woolpert Consultants according to the fee schedule below and as provided in the METHOD OF PAYMENT section of this agreement; provided, however, the entire contract price shall not exceed $11,500.00. 7 O3u FEE SCHEDULE COMPONENT ONE/MASTER PLAN PURPOSE STATEMENT WITH GOALS AND OBJECTIVES Work Task Hours, Hourly Rates and bustd - Start-up with Project Team Senior Planner - 8 hrs-V' $63 Planner - 8 hrs @ $42 (No cost to client) - Refine Purpose Statement with Goals Senior Planner - 1 hr @ $63 and Objectives Planner - 4 hrs @ $42 - Type Component One Word Processor - 3 hrs @ $24 Estimated Reimbursables (not to exceed) $85.00 Fee Total, Component One $388.00 COMPONENT TWD OF CURRENT AND PROJECT FACTORS PERTINENT TO ORANGE COUNTY Work Task Hours, Hourly Rates and Expenses to be Reimbursed _ - Working Mt. with Project Team Planner - 8 hrs @ $42 - Inventory of Recreation & Park System Senior Planner - 5 hrs @ $63 Planner - 5 hrs @ $42 Planning Tech - 13 hrs @ $30 - Type, Edit Component Two Senior Planner - 1 hr @ $63 Planner - 3 hrs @ $42 Word Processor - 8 hrs @ $24 - Working Mt. with Advisory Group Senior Planner - 4 hrs @ $63 Planner - 4 hrs @ $42 Estimated Reimbursables (not to exceed) $150.00 Fee Total, Component Two $2,202.00 COMPONENT THREE/ANALYSIS OF CURRENT RECREATION PROGRAM AND PARK FACILITIES DEVELOPMENT OF RECREATION STANDARDS, AND OOMN LAITY NEEDS ASSESSMENT Work Task Hours, Hourly Rates and Expenses to be Rei ur - Working Mt. with Project Team Planner - 8 hrs @ $42 - Development of Standards Senior Planner - 2 hrs @ $63 Planning Tech - 16 hrs @ $30 -- Identify Unmet Recreational Needs Senior Planner -- 3 hrs @ $63 Planner - 8 hrs @ $42 - Type, Edit Component Three Senior Planner - 1 hr @ $63 Planner - 4 hrs @ $42 Word Processor - 8 hr @ $24 8 0311 work Task Hours, Hourly Rates and Expenses be Reimburs d - Working Mt. with Advisory Group Senior Planner - 4 hrs @ $63 Planner - 4 hrs @ $42 Estimated Reimbursables (not to exceed) $200.00 Fee Total, Component Three $2,510.00 COMPONENT FOUR/PLAN PROPOSALS AND RECOMMENDATIONS Work Task Hours, Hourly Rates and Expenses be Reimt ur - Working Mt. with, Project Team Planner - 8 hrs @ $42 - Formulate Proposals and Recommendations Senior Planner - 5 hrs @ $63 Planner - 14 hrs @ $42 - Type, Edit Component Four Senior Planner - 1 hr @ $63 Planner - 3 hrs @ $42 Word Processor -- 5.5 hrs @ $24 Estimated Reimbursables (not to exceed) $140.00 Fee Total Component Four $1,700.00' COMPONENT FIVE/ACTION PLAN IMPLEMENTATION Work Task Hours, Hourly Rates and Expenses to be Reimbursed - Working Mt. with Project Team Planner - 8 hrs @ $42 - Formulate Action Plan Senior Planner - 5.5 hrs @ $63 Planner - 16 hrs @ $42 - Prepare Detailed Cost Estimate Senior Planner - 3.5 hrs @ $63 Planning Tech - 18 hrs @ $30 - Type, Edit Component Five Senior Planner - 1 hr @ $63 Planner - 4 hrs @ $42 Word Processor - 10 hrs @ $24 - Working Mt. with Advisory Group Senior Planner - 4 hrs @ $63 Planner - 4 hrs @ $42 - Presentation to Joint Meeting of Planning/ Senior Planner - 4 hrs @ $63 Recreation and Park Boards Planner - 4 hrs @ $42 - Presentation to County Commissioners Senior Planner - 4 hrs @ $63 Planner - 4 hrs @ $42 - Presentation at Public Hearing Senior Planner - 4 hrs @ $63 Planner - 4 hrs @ $42 Estimated Reimbursables (not to exceed) $200.00 Fee Total Component Five $4,046.00 Fee Total Components One - Five $10,846.00 Contingency for Additional Requested Services 654.00 Total fee for Contract not to exceed $11,500.00 9 O:i6 METEOD OF PAYMENT Upon receipt of an invoice for services rendered, the County will issue payment according to the Fee Schedule. Invoices shall be submitted at the thirty percent (30%), sixty percent (6C%), and ninety percent (90%) and the one hundred (100%) benchmarks only. Services and/or products rendered at each benchmark must be accepted by Orange County before payment can be issued. Invoice must detail by date, the hours rendered per category of provider (i.e. Planner, Senior Planner, etc.) and per service/product provided within each component of the Plan. TERM OF AGREEMENT This agreement shall be effective March 24, 1987. All work, and the Plan, shall be complete on or before April 7, 1988. Approved this 24th day of March, 1987 by the Orange County Board of County Commissioners. Shirl E. Marshall, Chair Orange County Board of County Commissioners ORANGE COUNTY BOARD OF COMMISSIONERS Action A enda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: MARCH 24, 1987 SUBJECT: HILLSBOROUGH AGREEMENT ADDENDUM FOR LAND RECORD INFORMATION ACCESS AGREEMENT DEPARTMENT: DATA PROCESSING PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: KEITH BROOKS,X477 AGREEMENT TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To provide Hillsborough Town staff and the public access to the Land Records Information System from Hillsborough town hall. (We are doing this in Chapel Hill and Carrboro. ) BACKGROUND: With the full time planner now located at Hillsborough town hall, this terminal will allow that person to access our Land Records System to insure they are dealing with the correct property. The public, in dealing with the Town, will be able to use this access to identify property. Town staff also agrees to work with Orange County in developing, maintaining and operating our county-wide Land Information System. A spare terminal was purchased by the town two years ago and this will be used for this access. The installed communica- tions equipment will carry this new line. The only new impact will be the commitment of one user port for this purpose. RECOMMENDATION(S) : Approve the Land Records Information Access Agreement and authorize Chair to sign. 116L II , j r Q3 NORTH CAROLINA ORANGE COUNTY CONTRACT ADDENDUM TO AUGUST 8, 1983 AGREEMENT BETWEEN TOWN OF HILLSBOROUGH AND ORANGE COUNTY THIS AGREEMENT is entered into this 10th day of February, 1987, and by and between the Town of Hillsborough, a municipal corporation ("The Town") and Orange County, a body politic and corporate ("The County") . WHEREAS, the Town and the County have entered into an agreement dated August 8, 1983, pursuant to which the County will furnish certain computer services to the Town; and WHEREAS, the County operates a computerized land records information system and wishes to make a terminal available for public use in the Town of Hillsborough; and WHEREAS, the Town is willing to make space available for such a terminal in the Town Hall under the circumstances set forth below; NOW, THEREFORE, in consideration of parties premises and mutual promises set forth below, follows: 1. The Town shall provide suitable space in the Hillsborough Town Hall for the location of a terminal for the exclusive use of Orange County in connection with a land records information system. This shall be a location easily accessible to the public. The terminal shall be available for public for land records inquiry during all hours of the normal business day. The Town shall provide suitable tables, chairs, lighting, heating and cooling of space and janitorial services. The Town shall take reasonable steps to insure the safety of the equipment and provide reasonable assistance to first time users who have completed initial train- ing. This training is to be provided by the County in a Hillsborough location. Town employees are not expected to operate the terminal or produce infor- mation for the public, but are to provide assis- tance to public users. 2. The County shall provide the Town at no cost the use of one additional "port" in addition to those called for in the agreement between the parties for data processing services dated August 8, 1983. 3. The Town shall be expected to cooperate in the development, implementation, and operation of the County-wide LAND INFORMATION SYSTEM. 036 4. Expiration date shall be the same as the terms stipulated in the August 8, 1983 agreement. The foregoing agreement is executed in duplicate origi- nals this 10th day of February, 1987. TOWN OF HILLSBOROUGH ORANGE COUNTY BY: BY: I. Harding Hughes Shirley E. Marshall, Chair Town Administrator Board of Commissioners ATTEST: ATTEST: Agatha Johnson, Town Clerk Beverly Blythe, Clerk to the Board IL, 03 y ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda FXACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: MARCH 24, 1987 SUBJECT: CAROLINA CABLE--CHANGE IN ORGANIZATION (SECOND READING) DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S RESOLUTION OFFTCE,X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To approve the transfer of ownership of Carolina Cable from Prime Venture I, Inc. to Prime Cable Income Partners L.P. BACKGROUND: Prime Venture I, Inc. , the owner of Carolina Cable wishes to transfer its county cable T.V. franchise to Prime Cable Income Partners L.P. This is a franchise transfer from the general (Prime Venture I, Inc. ) to the limited partner (Prime Cable Income L.P. ) . The County Attorney has reviewed transfer information submitted by Prime Cable. On March 2, 1987 the Board approved the first reading. The transfer should not change the cable operation. RECOMMENDATION(5) : Approve transfer of ownership of Carolina Cable from Prime Venture I, Inc. to Prime Cable Income Partners L.P. 040 RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS APPROVING TRANSFER OF PRIME VENTURE'S CABLE TELEVISION FRANCHISE TO PRIME CABLE INCOME PARTNERS L.P. WHEREAS, the Board of Commissioners of Orange County by an ordinance effective February 24, 1981, granted to Village Cable of Orange County, Inc. ("Village Cable") a franchise to operate a cable television system in Orange County; and WHEREAS, the Board of Commissioners by Resolution of July 7, 1986 approved transfer of the Village Cable franchise to Prime Venture I, Inc. , ("Prime Venture") , a Delaware corporation and managing general partner of Prime Cable Income Partners L.P. ("Prime L.P. ") , a Delaware limited partnership; and WHEREAS, Prime Venture has requested permission from the Board of Commissioners to transfer its rights under the franchise to Prime L.P. ; and WHEREAS, Prime L.P. agrees to accept the terms and obligations of the franchise as transferred; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that: 1. Upon signed acceptance of this Resolution by Prime L.P. , all rights and obligations of Prime Venture in the cable television franchise ordinance and franchise cited above are transferred to Prime L.P. 2. All other provisions of the franchise ordinance and franchise shall remain in effect. Approved by the Orange County Board of Commissioners at regular meeting of the Board held on the day of , 1987. �. UAW aF arMrtzorveRs ACTION A�q�4 jre ,�$��.�. ACTION ,mss' t1 ETINE DATE - - 'ref i+IQ. • MARCH 24_ . 1987 :ul ;E: Transportation Board Operational BY-Laws • .JA i; T: Aging PUBLIC HEARING: y a x go `� t S) • Transportation Board I�11�1R!!'�ATIOIV Operational Bnspo :Jerry M. Passmore Nan NUMB S: HILLSOROUGI - 732-6187 HILLSBORCUM - 732-4361 CHAPEL HILL - 967-9251 MANE - 227-2037 OURHAM - 588-7331 PURPOSE: To approve the Orange Coup Operational By-Laws as � Transportation Advisory Board y' developed by the Transportation Board. BACKGROUND: The updated County Transportation 1986 Development Plan approved quires County Transportation Committee to oversee the 'development of the plan, An established set of By-Laws needed to clarify the change and responsibilities this B ar the County Commissioners, the participating agencies and general o public. general ) If approved, the By-Laws would serve as an effective tool in better coordinating human Service transpotat operational adoption will require County P Cation. The large members to this board Conmu.ssioners appointment of at RECOMMENDATION(S) : Approve the Transportation Advisory Board Operational By-Laws. Page 1 of 5 0 4'4 ORANGE COUNTY HUMAN SERVICES TRANSPORTATION BOARD Operational By-Laws ARTICLE I - NAME The name of the board established by the Orange County Commissioners is the Orange County Human- Services Transportation Board. ARTICLE II - POWERS AND DUTIES The Transportation Board shall be responsible for the following duties : (1) Serve as a liaison between the residents of Orange County and the County Government concerning transportation issues. (2) Serve as the advisory body to Orange County Department on Aging, as lead agency, in the operation of the Coordinated Agency Transportation (CAT) Program. (3) Recommend policy to the Board of County Commissioners, particularly with respect to a comprehensive, coordinated, cost .effective approach to the delivery of transportation services for human service agencies. (4) Work to stimulate and promote needed transportation services and programs for Orange County residents. (5) Assist public and voluntary agencies in providing transportation services to their clients. (6) Assist in developing and updating the Orange County Transportation Development Plan (TDP) . (7) Perform other functions and duties as may from time to time be requested and prescribed by the Board of County Commissioners. Page 2 of 5 ARTICLE III - COMPOSITION 04k4, 1. Number and Qualifications The Orange County Transportation Board is composed of nine citizens of Orange County. Of the nine Board members , the following agencies will have automatic appointments: Orange County Department on Aging, Joint Orange-Chatham Community Action, O.P.C. Mental Health Center, Orange Chatham Comprehensive Health Services and Orange County Manager's office. The remaining four non-agency members shall be chosen at large by the Orange County Board of Commissioners with priority being given to one private tran- sit operator. Agencies may also select an Official Alternate. 2. Terms and Replacements All agency members of the Transportation Board shall serve two year terms beginning January 1 of calendar year. Non-agency members may not serve more than two consecutive two year terms, while agency members may serve two year terms indefinitely. 3. Vacancies All vacancies on the Transportation Board occuring from any cause shall be filled by the County Board of Commissioners . The person appointed shall serve for the unexpired portion of the term. 4 . Attendance Any member of the Board who misses more than three consecutive meetings shall lose his/her status as a member of the Board and shall be replaced by the Orange County Board of Commissioners. Following the second consecutive absence, the Secretary will notify the member in writing of the attendance policy. Page 3 of .5 0 4`i 5. Agency Appointments and Alternates An appointed Agency alternate may represent the agency and shall have full voting privleges. ARTICLE IV - REGULAR MEETINGS 1. Dates and Location Regular meetings of the Orange County Human Services Trannpor- tation Board will be conducted on the (2nd) Tuesday of each month. All meetings will be conducted with a maximum time limit of two (2) hours Location of meetings will be rotated between a northern and southern Orange County location as established by the Board. 2. Quorum A majority of the Board then in office shall constitute a quorum for the transaction of business for any meeting of the Board. 3. Voting Each member of the Transportation Board shall have one vote . In the absence of an agency appointed member, the official agency alternate registered with the Chairperson of the Transportation Board, may exercise that vote. ARTICLE V - OFFICERS 1. Number and Title The officers of the Transportation Board shall be chairperson, vice chairperson and secretary. 2 . Election The chairperson, vice chairperson and secretary shall be elected by the board for a term of one year at its first meeting in the County fiscal year and shall serve until a successor shall be duly elected and qualified. Page 4 of 5 3. Vacancies 0 4 Any vacancy in any office elected by the board may be filled by the board for the unexpired portion of the term. 4. Chairperson The chairperson shall preside at all meetings of the board and shall represent the board in approved activities on its behalf. 5. Vice-Chairperson In the absence of the Chairperson, the Vice-Chairperson shall per- form the duties of the Chairperson. 6. Secretary The Secretary shall: (a) record and keep a file of the minutes of the meetings of the board. (b) see that all notices of meetings are duly given and (c) in general, perform all duties incident to the office of secretary. ARTICLE VI - COMMITTEES The Board may designate one or more Committees as it shall determine. Persons not Board members may be named to committees, but they may not serve as chairperson of that committee. ARTICLE VII - RULES OF ORDER At all meetings of the Board and of such committes as may be established by it, parliamentary procedure shall be governed by the latest edition of University of North Carolina' s Institute of 'cvernment's svacgested Rules of Procedure for a City _Council/Small Boards. Page 5 of 5 immem • [J ARTICLE VIII - AMENDMENTS AMENDMENTS These by-laws may be adopted, altered or appealed by the affirmative a mojority of the members in office at any regular or sec ' meeting of the Board, but only if the written notice P a.al have contained a copy a °f such meeti ng shall Py or an accurate summary and explanation of Y-laws amendment, alteration, or repeal as the case may the Pre- written notice of the Y be. The Proposed by-law change must be mailed at least 7 days prior to the meeting. Amended by-laws shall Y Orange County Board of Commissioners for final be submitted to the inal approval- Adopted by Transportation Committee October 14, 1986 / Revised 12/9/86 Adopted by County Commissioners ORANGE COUNT Y .BOARD OF COMMISSIONERS- ACTION AGENDA ACTION AGENDA ITEII ABSTRACT ITEiM NO. MEETING. DATE" Ma� 24 , 1987 SUBJECT: Authorizing Submission of the Title III-B Application Ord r DEPART tENT:- Department on Aging PUBLIC HERRING: YES x NO . 1 'ATTACHMENT(S) : INFORMATION CONTACT:_ Jerry M. Passmore 732-8181, Ext. 280 , 968-4478 PHONE NUMBERS:- HILLSBOROUGH - 732-8181 - HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 ME3ANE - 227-2031 • DURHAM - 688-7331 • PURPOSE: To consider authorizing submission of the Title III-B Older Americans Act (social services/senior center) application to Triangle J Council of Governments by the County Manager, effective July 1 , 1987 through June 30 , 1988 for federal and state funds in the amount of $104 ,414. Submission of completed application is due Marbh 19 , 1987. These federal funds available will include an additonal $20 ,745 over the 1986-87 allocation . • 3ACKGROUNn : This is a yearly continuation application covering the following services which are a:.part of the Department on Aging's current- budget; Transportation, Senior Center Operation, Chore-Handihelper and Case Manage- ment (In-Home/Community) . DoA would emphasize Acess Services to facili- . • tate service delivery by a multitude of community organizations. All services were ranked high priority according to COG needs assessment. If approved, County matching funds would not increase over last year, . The additional funds will be used to maintain our current service obligations - spe.cifically to replace cuts in the Title V- Senior Worker Program such as - van drivers and Senior Center clerk/receptionists. RECOMMENDATION(S) : Approve the grant submittal. 046 ORANGE COUNTY BOARD OF COMMISSIONERS Action Awe Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: MARCH 24, 1987 SUBJECT: SHERIFF VEHICLE REPLACEMENTS FOR 1987-88 DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider authorizing purchase of Sheriff vehicles requiring replacement in the 1987-88 budget year. BACI ;;ROUND: The Sheriff's Department currently has fifteen (15) vehicles that are, or will be over 100,000 miles prior to July 1, 1987. It has been proven that maintenance costs escalate on vehicles with mileage in excess of 100, 000 combined with the patrol use. For the past four years the County has ordered replacement Sheriff vehicles in advance of the new budget year (10 were ordered last year) in order to avoid the 5%-7% cost per vehicle increase imposed on the next year's model. Budgetary impact for 1987-88 would be $161,753.25 for the fifteen (15) vehicles. Delivery would be after July 1. Appropriation of funds would need to be included in the 1987- 88 budget. The Sheriff will be providing a proposal, under separate cover, to install a take-home vehicle fleet. Another 6 vehicles would be required for implementation (in addition to the 15 and an added expenditure of $123,247) . Under present utilization sheriff vehicle usage is less than 2 years. The Sheriff believes this could be increased to a 5 year rotation with a cost savings over the five years of $118, 000. RECOMMENDATION(S) : 1. Approve the purchase of 15 replacement vehicles per General Statute 153A-13 which allows counties to enter contracts in one year to be funded in a succeeding year. 2 . Refer the take home proposal to the Manager for considera- tion as a budgetary request for 1987-88. romms U4 `• MILEAGE ANALYSIS/SHERIFF REPLACEMENT VEHICLES Current Mileage **Anticipated Mileage (as of 2/28/87) at replacement date A-2 116,699 miles 158,699 A-6 109,600 miles 151,600 B-1B 96,764 miles 138,764 8-38 104,640 miles 146,640 8-68 90,514 miles 132,514 B-7 110,228 miles 152,228 8-8 127,142 miles 169,142 C-2 165,869 miles 207,869 C-7C 123,006 miles 165,006 K-1 71,387 miles 113,387 K-2 51,723 miles 93,723 L-10 75,573 miles 117,573 K-8 71,839 miles 113,839 **Based on 6,000 miles per month per vehicle. Assuming a September delivery date. Request for fifteen (15) vehicles allows for a vehicle for the warrant officer allowed in the 86-87 budget, but no vehicle was purchased for him. The Sheriff can provide further details. 050 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date March 24. 1987 Actio;Aginda Item # SUBJECT: POPULATION/EMPLOYMENT ESTIMATES FOR THE DURHAM, CHAPEL HILL , CARRBORO (DCHC) THOROUGHFARE PLANNING AREA DEPARTMENT: PLANNING PUBLIC HEARING Yes _X__ No Attachment( s) Information Contact: GENE BELL Narrative with map Population/employment figures by district Letter from Becky Heron, Chair, DCHC Transportation Advisory Committee regarding April 2, 1987 meeting Draft 3-9-87 Planning Board minutes Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill 968-4501 PURPOSE : To approve population/employment estimates for the years 1985, 2000 and 2010 as prepared for the DCHC area by the planning and/or transportation staffs of the respective jurisdictions. BACKGROUND: NCDOT has asked that the planning boards and governing boards of the various DCHC jurisdictions review the esti- mates prior to their being used as input to a computer deficiency analysis model . The estimates were presented to the Planning Board on February 9, 1987 . The figures, as well as the planning process, will be discussed in more detail at the Regional Thoroughfare Plan meeting on April 2, 1987 , at the Microelectronics Center in Research Triangle Park. Population estimates used in the deficiency analysis will have a direct and substantive impact on recommendations made in the new Thoroughfare Plan for the DCHC area. The model assesses the impact of population/employment growth on the road system and identifies problem areas, particularly with respect to the capacity of streets to carry projected traffic volumes. RECOMMENDATION: Approval of population/employment estimates. 05± POPULATION/EMPLOYMENT ESTIMATES FOR THE DURHAM, CHAPEL HILL, CARRBORO THOROUGHFARE PLANNING AREA The Durham, Chapel Hill , Carrboro (DCHC) Thoroughfare Planning Area, as defined by NCDOT, contains portions of thQ counties of Chatham, Durham, Orange, and Wake as well as the municipalities of Durham, Chapel Hill , and Carrboro ( see map of DCHC Area ) . Thoroughfare planning for the area involves an analysis of present and projected population and employ- ment patterns . The purpose of this paper is to present figures that have been compiled as input to a computer deficiency analysis model which assesses the impact of population/employment growth on the road system and identi- fies problem areas. The DCHC area is divided into 22 transportation analysis districts; districts 1 -11 are in Durham County, 12-17 are in Orange County ( see DCHC District Map) , 18-20 are in Chatham County, and 21 -22 are in Wake County . The districts are further subdivided into analysis zones; there are 600 zones in the DCHC area. In 1984 and early 1985 an inventory of housing and employment in each zone was compiled. Field work for the Orange County portion of the inventory was performed by interns in the Chapel Hill Planning Department. Using the 1985 inventory as baseline data, estimates for the years 2000 and 2010 were compiled by the respective planning/engineering staffs in the individual DCHC Jurisdic- tions . Jurisdictions represented included Durham City, Durham County, Chapel Hill , Carrboro, and Orange County. Ed Johnson of NCDOT headed the effort and also coordinated with Chatham County and Wake County, neither of which sent repre- sentatives to the planning meetings. Orange County was responsible for District 12 and the northern zones in District 13. The estimates were done in conformance with rates of population growth contained in the appropriate land use plan for the district in question . For example, District 12 lies north of 1 -85 in Eno Township and rates of population growth contained in the 9rangp County Land Use Plan were used here. District 13, on the other hand, lies in the northern portion of the Joint Planning Area (JPA) and rates of population growth projected in the JPA Land U5D Elan were employed here. The following table details population estimates for each district. R 052 DURHAM, CHAPEL HILL , CARRBORO URBAN AREA (DCHC) THOROUGHFARE PLANNING AREA POPULATION ESTIMATES Avg . Annual Avg . Annual Growth Growth GEOG. AREA 1985 2000 1985-2000 2010 1985-2010 DISTRICT 12 1 ,595 2, 515 3 .08% 3,402 3.08% DISTRICT 13 3,623 6,683 4. 17% 8,511 3 .48% DISTRICT 14 36,036 59,496 3 .40% 66, 133 2. 46% DISTRICT 15 12, 493 26,235 5 .07% 30,506 3 .64% DISTRICT 16 4,098 9,010 5.39% 9,958 3.62% DISTRICT 17 1 ,529 6, 135 9 .70% 7,961 6 .82% DURHAM CO. 153,087 286,480 4 .27% 363,340 3 .52% ORANGE CO. 59,374 110,074 4.20% 126,471 3.07% CHATHAM CO. 5,361 11 ,093 4.97% 14,498 4.06% WAKE CO. 2,282 12, 167 11 .80% 19,269 8.91 % DCHC 220, 104 419,814 4 .40% 523,578 3.53% The only area of significant employment in the Orange County portion of the DCHC is zone 305 in District 13 . This zone focuses on the US 70, 1 -85 interchange and lies adjacent to the Durham County line. The area is currently designated as a Commercial - Industrial Transition Node in the Land Use Plan and substantial acreage is already zoned commercial . Durham city limits are also coterminous with the county line and the Durham (City ) Comprehensive Plan calls for the area to be annexed by 2005 . Employment estimates for zone 305 by the year 2010 were predicted to equal those currently existing in the adjacent Durham zone of 304. Estimates of employment for the categories of industrial , retail /wholesale, and service are as follows: DISTRICT 13, ZONE 305 Avg. Annual Avg. Annual Growth Growth 1985 2000 1985-2000 2010 1985-2010 Industrial 73 146 4 .73% 365 6.65% Retail /Wholesale 18 36 4.73% 90 6.65% Service 9 18 4.73% 45 6.65% Total 100 200 500 s ORANGE CO. 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II 111/ H i 1 1$borough ...,....•,,-. .................. ................... J. *"...................•.......... Thoroughfare Planning Area •:::::',01'.v:'• ''':•:". • •-406- :'' : i .- * • •-.,. -• -.: •-:-• -os:•••. ....:.' :. •4. •..: 7 :.. : k::,::4;,..,..; ,, ..: •• . • • ...... .:::44.4::::,k::::, :.• 4.9%- .:::::::::::t •::_,.. .....:•::: :. :•:•:•. , "•••:•:•:•im ,::•:•:•:•:•:•........:•: :• . ...: ..:::::•:•:•: , :::::::.,:::::•::::::::::„:::::::::::.... •:::::........, ------------„ __ .,:.:.:.:.:::::::::::::::• :,...• ,,, ••:::::4: ::::::::::: ,t...„.L.,::1:•:•:•:•:•:&:•:.:•:•:. .•:gla ---- ',L;;;•;-•: ..:.:.:::•,:•. ,. .-:-:•:-::. :•:•:•::.:-.;:a.::-; 4.:.a. ,- ___.: — .� fl 05u RECD FEB 2 1987 vpp pf 4544 o p CITY OF DURHAM NORTH CAROLINA v 1 D a 18 6� p TRAFFIC ENGINEERING DIVISION 6 0 101 CITY HALL PLAZA b CAR0'6 683-4366 a February 20, 1987 CITY OF MEDICINE Mr. Kenneth R. Thompson County Manager Orange County 106 E. Margaret Lane Hillsborough, N. C. 27278 Dear Mr. Thompson The Durham-Chapel Hill-Carrboro Transportation Advisory Committee will host a special meeting on the Thoroughfare Plan for the Urban area. All elected local officials, appointed members of local planning boards and transportation boards, and transportation professionals are encouraged to attend. This meeting will provide a unique forum for discussion of the transportation needs of this rapidly growing area anticipated over the next twenty-five years. The meeting will be held on April 2, 1987 at 7:30 p.m. in the auditorium of the Microelectronics Center, Research Triangle Park. This meeting will feature a presentation by local and state transportation staffs who have been involved in the preparation of the Thoroughfare Plan. The presentation will focus on the deficiencies in our transportation system which will result from the growth anticipated in the area. In the early summer, a second joint meeting will be held which will deal with possible solutions. Please announce the Thoroughfare Plan meeting to elected and appointed officials soon, and encourage that they mark their calendars. More details on the meeting will be sent to you in March. Yours very truly, ei4lee_4 /44074, 4-01 Becky Heron Chairman Durham-Chapel Hill-Carrboro Transportation Advisory Committee BH/cwm AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 1 . U5, DRAFT PBM MINUTES PAGE 15 Collins responded that the Board of Commissioners had �..r approved the resolution supporting the 13 points as presented by the Watershed Work Group ( see attached copy on page of these minutes) . Item #7 on this list will be presented at public hearing on February 23. Collins continued that the moving of the transition area Iine adopted in the Joint Planning Area Plan to the northwest of Carrboro would be pushed out to the Bolin Creek Basin boundary. He noted that within the basin gravity sewer, could easily be extended by OWASA. Collins also explained that another item to go to public: hearing is the consideration of an extraterritorial Jurisdiction swap with the Town of Carrboro. In return for 1800 acres in University Lake Watershed in Carrboro' s Jurisdiction, the Town would either receive an equivalent amount of acreage to the northwest or a smaller area able to accommodate approximately the same population density (on a capacity or density basis this would amount to approximately 230 acres) . Kramer inquired what the density would be. Collins responded five (5) units per acre, then continued, commenting on the watershed study to be done for OWASA. The study would identify what ordinances and policies could be adopted to control adverse impacts created by development in the watershed. Collins then explained the remaining points of the agreement and identified the swap area and the transition area on the study area map. AGENDA ITEM # 8 : PLANNING BOARD ITEMS a. Population Estimates for the Durham, Chapel Hill , Carrboro (DCHC) Thoroughfare Planning Area Presentation by Gene Bell . This agenda item is to acquaint the Board with population estimates prepared for the DCHC area. The area covers all of Durham County, most of Chapel Hill Township, the area between Pleasant Green Road and the Durham County line up to St. Mary ' s School , Northern Chatham County, and a portion of Wake County near RDU. The estimates were prepared by staff members from Durham County, Durham City, Chapel Hill , Carrboro, and Orange County working with Ed Johnson of NCDOT. Population estimates were done for the years 1985, 2000 and 2010 . They will be .used as input to a "deficiency analysis" model which assesses the impact of population growth on the road system and identifies problem areas. U;i DRAFT PBM MINUTES PAGE 16 Ed Johnson of NCDOT has asked that the plannir boards and governing boards of the various DCHL Jurisdictions review the population estimates prior to their being used to run the deficiency analysis model . Population estimates used in the deficiency analysis will have a direct and substantive impact on recommendations made in the new Thoroughfare Plan for the DCHC area. Bell asked for response from the Board in order to carry this item to the Board of Commissioners in April . In answer to a question regarding what the figures represented, Bell noted that the figures are indicative of the number of persons or population . Best inquired how the projections for the years 2000 and 2010 were calculated. Bell responded that the initial approach was to determine the amount of developable acreage within each district and make estimates on the amount of residential development that would occur during the year 2000 and 2010 time frames. Analysis of the subsequent figures yielded____ average annual rates of growth in excess of to percent for some districts. This was deemed tc high and a re-evaluation of the estimates was undertaken. The approach finally decided upon was to apply rates of growth projected by the applicable Land Use Plan, i .e. , Joint Planning Area Plan for district 13, Orange County Land Use Plan for district 12. AGENDA ITEM 18c: Policy-Application of Rural Buffer Standards to Minor Subdivisions Presentation by Greg Szymik. This agenda item is to recommend a policy for applying Rural Buffer standards to minor subdivision applications that were in process when the new standards went into effect. Furthermore, the Board is to determine the applicability of Rural Buffer standards to a minor subdivision application by Ellison—■ Gilland. On August 5, 1986 when the revised Joint Land Use Plan ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT 05b Meeting Date: March 24, 1987 Actio A ends Item# SUBJECT: WORKSHOP - TRANSFER OF DEVELOPMENT RIGHTS *************************************************************************** DEPARTMENT: PLANNING PUBLIC HEARING : Yes_X_No *************************************************************************** ATTACHMENTS : CONTACT: Barry Jacobs TELEPHONE NUMBERS : Hillsborough 732-8181 Chapel Hill 967-9251 Durham 688-7331 Mebane 227-2031 *************************************************************************** PURPOSE : To approve Planning Board workshop on transfer of development rights. BACKGROUND : Transfer of development rights (TDR) refers to the severance or separation of the right to develop from the land itself and transferring that right to another person in another location . TDR has been used most frequently for the preservation of agricultural land. Other uses include the preservation of historic and environmentally sensitive areas, public access, and scenic vistas. The Rural Buffer Study recommended that special legislation be pursued to allow the use of TDR by Orange County. Members of the Board of Commissioners have also expressed an interest in the technique, including its combination with other measures such as real estate transfer taxes and impact fees. Concurrent with seeking special legislation, the Planning Board recommends that a workshop be held to review the use of the technique by other Jurisdictions and its applicability in Orange County . The workshop can be held at Moorefields in late April or early May, with representatives from other governmental units invited to make presentations. RECOMMENDATION: Approve the workshop. O R A N G E C O U N T Y BOARD OF COMMISSIONERS 0 J ACTION AGENDA ITEM ABSTRACT Meeting Date March 24, 19$7 Actioglfda I SUBJECT: J & J PROPERTIES - PRELIMINARY tem DEPARTMENT: PLANNING — PUBLIC HEARING Yes No ATTACHMENT( S) : INFORMATION CONTACT: Greg Szymik Application Vicinity Map Preliminary Plan Preliminary Plan Certification Agency Comments Draft 3-3-87 Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To approve the Preliminary Plan for J & J Properties as recommended below . BACKGROUND : The proposal is to divide one 5 .5 acre lot out of a 17 . 5 acre tract. The property is in Eno Township. It is located on an existing "Class B" private road off Pleasant Green Road ( SR 1567 ) . The property is zoned R-1 and is located in the Rural Residential area designated in the Land Use Plan. All applicable agencies have reviewed and approved the application, and the Planning Board recommends approval with the following conditions: 1 . Indicate tax map, block and lot number on the plan. 2. Indicate the control corner. 3 . Indicate the acreage of the lot so as to identify the area within the right-of-way . RECOMMENDATION: Approve the Preliminary Plat with the three conditions recommended by the Planning Board . • 1111/1.g'' AFPICATION FOR SUBDIVTSTDK APpRQVA(� os� oAAH ,N,Y • DATE: /2`.2 VcP6 SUED:VISION NAME:. - £7 4.7.-- PR4eeie7 s LOCATION: `SA/ADY LANE ii PLCASR1vT G/?c - ,v /2 p_, ,r,p, is"67 0WNER/DEVELOPER:. _ /►9FS . . /P sshLL ADDRESS: _ ' 6 C 'T/ -,Ftir TELEPHONE Na. : DvR/LAM, N C 2-77/1- eus. 7-?.2 -2/ o/ AGENT/CONTACT: ,V A TELEPHONE NO. : A. SUMMARY INFORMATION Orange County Taal Hep: 21 . 3Locic Lat f s] /D /J' , Zoning Districtfs] : ......g- ---.P Township ��/ Total Number- of Acres :. _,./.7S Nuvber/Tmaa- of Lots: 2 Average Lo- Si era: xACRisMinlouts- Lot �Si z -s-Ae is tr Ype or Structures.: CexiatingJ No,v L1nr,el Fact in Streets : 2Sa ' fprepoaedl 2 Lin we 5u L Acres in Op an Space 7:� wnode.Ci w, r( rA, PP y -WFcL Pub L1 cf:� eci f ] N;Nc Waatar tar• disposal: S£PT,c p Y �Coarntun i tY „+Ind1 v', ci_z: G SchomL Clistrict: .C�?..f.�.4/ �` �utrLicfrlpaclf}�J Camaunity �lrn�!1Y1duaL GenerrsL Land Uses •iai Area : F'FS,DFAin'AL o' ArARM L`lstriat: rive Critical Areas: _Q_,,.,streact/drains awe s ,-.% O Lo a 9 Y , d p rnry® a rhea retarshedf srec:1 fy1 other-texpLain]. /meR PoAio aAi Pizof'd=rLTy. � histar7c sites. 3. ALL RLats (oust be submitted ors cheat na sate L1st- than one inch aqua hundred feet 111 '1 2.l( ► 1 and. no larger than one inch uqueLs fifty fact ft ,-O, J and runt contain the fo L Luxitig info: motion : a Nana of at•IDar(al — bell Wing •ata•4k 1.inea _ eck Items - .w ne•s of aarYe ;`:' by notasiow OP typical 1.411 IZ►r. engineer Or Layout mp l e ted) 1/ Ledd planner I/d �. ' (tlrt ,j PrtllOiner� plan _el: k existing and proposed saran soeLa, nertft arrow [North at '..:f Yy°'ca (aril nagw. ut111 tee. ✓ :j`; tae of 4sel rvrar.. •ta.l . data (1noLpdin axlsulntl. proposed end z Q raviainn daree1 aofoinin r1q r-' Ulm'al:i}. Lan +x•41.'PLOCYwlBt' ::si g alawnala y r nOforewgaa 1r�+tuainq alawnelpnr Red v,.Zbarddary deneribed Haft ��ff"�•M nraar,.an•eo• end rcxCr rood hearings and dl• anaern ``,,!q it :•'- weal ■s.rars• of the treat r�E.: :::: saisting and p and as:-aegw of Lats. 1noLuding ?^fi type. al Including and excluding arew ■1CAin p tee. ` .j: Hgata-�ir'�'.rry h;vrsnsa, rains. and • • aontrel earner �� •r±ha lap. N A ;rF�s •atacing and Pi) Lot LIBIDO Pith �- prepared enLrrrt . / "f alpadiOn■ N 111 lnolud/ng r1;1.a xna 4 Y�rr lot nuuIDerd �_ typical. •Crap; CrCaa'7rus:anr ?+. phoning LIBIDO _:_, . j end lntarr•arion dotal la topography it taw foot (10) " including 1 twa omuign ■. visltri y of trry■lrr ii,.: -.E NA ; > T dad: aha�tyert ^}g'7. aster bodies. •traps �.4 horizontal•reI. c eltco (p• and Pa • nand— _;;• nw+areL carve data (pus lto I� y and ftaac+alains rwan•l --+' a., aaff•r, end notatiwi N A - _�. flnrlaating rratrlutrs parr■�■et rotators' such 1.e • dswlapIDedt pat.ntlal _ ::•a but Icings. orartariss. towwealp. corporate and afore— -,� -. ? historic Lancastrian, ;i territorial p "nlnp - cc/joining 0e Lac Lrcy jarlsdldtlon lima .plan Ow . r of adjoining property + / Crude rho, Orr:.r rd ■wd au4atWalona property Laoucian add s1=• of pern•La- 'Iodinated for prblta yea 1.r ras•rwed ✓ ' 1. ...... -- Losasion end •its of last of natation an risers dav•Lapdsnr patantl•L and �. ::: vier raQerglnq sown "=aataf"aPatar arnrged•wt ptad 1ndlentlmq Prevision for central of tat first 1/2 lnso of runoff friss tsp•ruics• aurfru.oe.• Lci1 a ,j"vbMirtaP PLR L.V. tfA1.ecc .rii /Zee✓fl / r . OTHER Su8MITTAL RED.LIIRE4EHTB: 06 4. 1 . Twenty—six (281 copies of the preliminary plat" 2. Two full size copies of an Orange County Tax map (one copy with tax percale involved clearly marked! . 3. Where municipal or ONASA sewer is not evai Lab La . a Letter from the !?range County Health Department certifying_ the proposed was awater sylt;:,.;r for each Lot. the applicant, hereby certify that the foregoing application is complete and :curate . I understand_ that a. $21 Q.OG fee ( subdivisions of IS Lots or Leata r a z37Q.QO fee. (subdivisions of T8 Cote or morel 1s due ar:: the tie of 2p licatlon . A sa.QO per lot fee ia due at the timer the fin ! p Lat is resentad for recordation . /0,4/2 )PLICANTFS SIGNATURE 014KERl SIGNATURE 4T E DATE -' • • • • FEES: Amoant /7sda- Date Paid /2_29-S` Receipt 57/3 I . ______ i,,,0(34._,- - . • - • - ,-, 1 .- —t894 1 - . . ., i ■';. C. ! • 4...) . ■,,..; CP ei, :4•.! c .. . ... ' 7.-' .. -. 7.:: I bill 1 1 • ,..-' Lt: 7691 1 I 67.4 AC. I ' il - ' i I , - I i, I . _ ^; V ■ . I . _ . . . • . / . IP - - --:. • '- -. 7 - m-,. (4V =I ,.--,... .' __,:.: -,-.-_.:.,.4,::::::.1.--.--,-_-..-;:if• -_-__:.-.;1 -..._-:, -- - ...: „/„fii .,.... „ ..„...,.. 4 „, -- "----, ,-, . _ _-.--,„ _:: .44-, i 1 I 4 ; 4:-.'....._ - ,_ - ...•:-- / _ , _:'-• ., ' t..- ..- -44' -- ”" --.. i 1 , 1 9343 :.7... ...., _ ) , _ ...1 • 2734 AC,; : "- •' — 7,--' -----: .- , -:'7 .4-it: \ - / k 0. . ..-... ` ' -....- -s. '-: - '' '"::' .71155 -N -i . ..: •::::::''.. ------ - ttimr- --, BIOS AC . . _ 1 7 1, . , . .. . . _,.. 10.1 2AC 4561 . 0 a •,s1 ... Straw- . • -- .. ,_ 2 _.... -SAC: • . ,,: / - ----"."----- .------- --. • . j, 11 1 ,-.3 ._s \. -,.. - .: ,,,-----, • _ ii -.7 .,.. .: '4. . - : , .41 •••.' • • . • 5 AC .J.,!1/4Gre, / -49 :Z.N...."-- .0. i .9.33AC.- - _ ..,,,,,, 7.--. i2. . - • 6 AC. AC NU - _ - • • til . _ •• , i / 7 11 1 - ••r / -......44 ' ---42.11.. . ., • I . .2 38.2 AC. I . - ,',• // ' • Ob4 J & J PROPERTIES 11/85 r ORANGE COUNTY CERTIFICATION AND APPROVALS - PRELIMJNARY 'SAT STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN: Received 12-9-86 Reviewed 12-10-86 PRELIMINARY PLAT: Received 12-29-86 Reviewed 12-30-86 REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE 1-20-87 CERTIFICATION SCHOOL BOARD (Orange/Chapel Hill-Carrboro) : DATE 2-6-87 CERTIFICATION UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE 1'-30-8 Certification HL OTHER: Recreation Advisory Council (Date) Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro (Date) Hillsborough (Date) Durham (Date) Other (Date) Erosion Control 12-29-86 (Date) PLANNING BOARD: Date 3-3--87 Approval Approval with Conditions :{X Denial BOARD OF COMMISSIONERS: Date Approval Approval with Conditions Denial ORANGE COUNTY PLAN LNG DEPARTMENT U1LLSBOR000U 0641 NORTH CAROLINA 27278 6.001 ar ir" 4.A sz MEMORANDUM TO: Eddie Kirk, Planner FROM: Warren Faircloth, Erosion Control Officer SUBJECT: J & J Properties Subdivision DATE: December 29 , 1986 Runoff from this subdivision will be controlled with the large lot size, the limited addition of impervious surface, and retention of existing vegetation as a buffer to filter and absorb runoff. This subdivision meets the Ordinance requirements. • VtiCi D 1r AGENDA ITEM #5: SUBDIVISION APPLICATIONS a. J and J Properties (Preliminary Plat - Eno Township) Presentation by Greg Szymik. The proposal is to divide one 5.5 acre lot out of a 17.5 acre tract. It is located on an existing "Class B" private road off Pleasant Green Road (SR 1567) in Eno Township. The property is zoned R-1 and located in a Rural Residential area as designated on the Land Use Plan. All applicable agencies have reviewed and approved the application. -The Planning Staff recommends approval of the Pre- liminary Plan with the following conditions: 1) Indicate tax map, block and lot number on the plan. 2) Indicate the control corner. 3) Indicate the acreage of the lot so as to include the area within the right-of-way. Best asked if this subdivision is in a watershed. Szymik responded it is not in a protected watershed. Pilkey asked to see the location on the aerial photo. Szymik indicated the location on the map. Kramer stated it is approximately one mile from US 70. Hubbard inquired about the control corner. Szymik If 3 responded it a known reference point from which the bearings and distances on the plat originate. it is also a State requirement on the plat. Margison indicated she wished to see the whole picture of surrounding development before making decisions on subdivisions, particularly those of less than ten acres in size. Szymik responded that staff had received sketch plans for small portions of large tracts (10 acres out of 250 acres) . One item staff is asking applicants to provide with the preliminary plan is a sketch plan of the overall tract and how the particular development relates to the entire tract. Discussion followed about a map showing subdivisions. Collins indicated such a map could be prepared but would take considerable time. MOTION: Best moved approval with staff conditions. Seconded by Kramer. VOTE: Unanimous. Chair Jacobs noted that he felt that courtesy review comments from other jurisdictions should be uniform on the abstracts in order to be discussed in the same order for each application. O R A N G E C O U N T Y BOARD OF COMMISSIONERS Q Ei / ACTION AGENDA ITEM ABSTRACT Meeting Date March 24= 19;7 Action nda SUBJECT: DATHENE TERRACE - PRELIMINARY item DEPARTMENT: PLANNING PUBLIC HEARING Yes _X No ATTACHMENT( S) : INFORMATION CONTACT: Greg Szymik Checklist Vicinity Map Erosion Control Letter Preliminary Plan Draft 3-3-87 Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : To deny the Preliminary Plan for Dathene Terrace sub- division as recommended below . . BACKGROUND : The property is located in the Town of Hillsborough on Dathene Drive. Three lots are proposed out of a 1 .24 tract. The average lot size is 17,891 sq. ft. (0.41 acre) . All lots would front on Dathene Drive, an unpaved public road maintained by the Town of Hillsborough . The property is zoned R-10 by the Hillsborough Zoning Ordinance. The tract is severely limited by a branch that runs through the middle of the tract and by poor soil conditions. The site has poor infiltration and absorption conditions. These are referenced in the Erosion Control Officer ' s memorandum. The Stormwater Management Plan has been denied by the Orange County Erosion Control Officer. The Planning Board recommends denial . RECOMMENDATION: Deny the Preliminary Plan due to the fact that a satisfactory Stormwater Management Plan, as required by the Subdivision Regulations, cannot be developed and approved. PLEASE TYPE OR PRINT ( INK ONLY) R - 11/S5 ni _aQ_PJCT FOR SUBOIVIS!O APPP . j Q jL 1 DATE: ,4 .L-7 SUBDIVISION NAME: 2}.4711/-=',1/e. z L1-' rc LOCATION : .4'71/ ,vim A:I ,.r. OWNER/DEVELOPER:. -; •,- f:ttl,e2 ADDRESS:. f,' . /jx.,, .,_,{H TELEPHONE NC . : -.37-/.// f7/4..:?Fi' ti-r�� 2 7? 7 AGENT/CONTACT: r74I2'7, 47.‘30vc' TELEPHONE NO . : A . SUMMARY INFORMATION: Orange County Tax Map /70 Block Lot (e) 2/8 Township Zoning Districts] : .P-/o Tote ] Number of Acres : 1• P- .7' Phases : o.-- - Tote L Number of Lots: ___,,2_, Avernge Lot Size : /9Minimum Lot Size 'fi-e-J 1 Number/Type of Structures : (existing] a (prcpgsed] Lineal Feet in - �streets Acres i n Open Space '.>ht - -_,7 Dater Supply : f-/ t .3r/ruc1/ Pub li�crap eci fy) Community Indpbi due l Wastewater Disposal:. /ii - --'t Pub Li c (specify) Community Inds vi dua l Schaal District: Fire District : _ General Land Uses in Area : E=L. L Critical Areas X st_reera/dreinegeways flood prone arise watershed ( epecity] ____ historic sites. other( axp lain]_ B. ALL p Lets must be submitted on sheet no smeller than one inch aqua Ls two— hundred feet (1 "=2011 ' l and no Larger than rune inch aqua Ls fifty rest (1 "-5U ' ] and must contain the following information : Z1✓ subdivision nave / :1�- building setback Liner E ",• nom, of Oener(a1 >=: by notation or typical lot leek items naee of surveyor, engineer oe ?< Layout tend PL _ -r ex/axing and proposed lass- ampleted) .(tltlal Preliminary Piton vents (drainage. utl Lith e, _44 scale, north arrow (north at roads. etc.) :';:;j tap of rap! ! e exiatln --•• ,, �.0 4. P,oPOrrd and data (including revision dates] adjoining rights-of-way � ;; township, tax :op--'block—los -- ' including dimensions and .:.,• f referents', = eeeeee names and state, road boundary described with ` numbers bearings and distances 44 existing end proposed total treat r acreage of his t " , utilities, inetudlnq , and scrooge of loco, including type, sits., and including are. within == ` hydrants. valves and y.' rights--ofw.y manna lea control corner ''' V- ells-Ling and proposed culvert ,4,, proposed lot lins. with Including ■ix.. and grade,' ) diasnwien■ ' : typical ■trust crama—sections " lot nuwb.re - .nd intereeCticn detella phoning Linea - Including design and width 44 topography as tan foot (101 of travelwsy and Shoulders„tx t interval. ✓ horizontal ■llgn■ant and ,(L; ■ate,, begird. , flood— _ general curve date (puatic A ray and floodpLalne rotas] ✓ V atraaa buffer* and notation ✓ par sanant facture, Such as indicating restricted �- :i::c buildings, osesteriae, develop.ant p ial 1 historic lanou.rxu, _y__ township, ccrporstr and extra.. , adjoining lot (avow; > '5tarritoriul ;terming g names Of adjoining property jurisdIation lines onioh owners and e4Odlviaibne •,�r? Cross the property ;)a:. location and alts of parcels dedicated for public use or raaarrrd > in corwon .X. 4,C, bastion and sits of lots of restricted /.vslopaent potential and natetlo On plat recerol ,g Saws ___ b. starweeter usnsgesant plan Indic tins provision for iontrot of the fire[ 1/2 Ina$ ne .......r♦ r.... 4.. r�.._W OTHER SUBMITTAL REQUIREMENTS : QIf . • 1 . Twenty-six (2B) copies of the preiirinery plat 2. Two full size copies of an Orange County Tex map (one copy with tax parcels involved clearly marked) . 3. Where municipal or OWASA sewer is not available , letter from the OrLnge County Health department certifying the proposed wastewater systaw for each lat. the applicant , hereby certify that the foregoing application is complete and accurate. I understand that a $210.00 'fea ( subdivisions of 1S Lots or lase) Ir. a =370.00 fee (subdivisions of 18 tote ur more] is due at the time of application . A $5 .00 per lot fee is due at the time the final. p ;st is 3reaentad for recordation . /1111.1". • ,/. <///// U'PLItANT S Jg GNATUR OWNER SIGNATURE 9-76, �� 9-g-4 - 3'� DATE DATE • • • FEES: Amount /OS Date Paid 9����1�� Receipt 4/4 • • DATHENE TERRACE - A PAUL KEMPA PA a A -- ----- a ENV �� 11 Applicant: P Zoning : R-10 Town of Hillsborough 55 i g " � l 33•so '8272 LUP Designation: Urban / 12>61 / 7138 `Scale: 1 "- 100' 4/1) ^ ` ' l65 Iy / '"8 7 /7 /' '.- ; / / ' filD •07 8042 N I / • / r {_ / 0� / nl I i 1 _ .' ,i8 f.5900 4 ° f I - 252-85 .; / , I i O I I 1901 jPi I A f N �' i 0 5623 8666 6.46 AC. 190 I I I I -8560 I — t 4 C7 i Q _ i �_ lCply •5307 ^ J DATHENE TERRACE 11/85 ORANGE MINTY f ERTIFICATION APJ'ROVAILS -- PRELIMINARY PLAT STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN: Received 8-5-86 Reviewed 8-6-86 PRELIMINARY PLAT: Received 9-26-86 Reviewed 10-1-86 REVISED PRELIMINARY PLAT: Received 10-27-86 Reviewed _ 10-29-86 NCDOT: DATE CERTIFICATION N/A SCHOOL BOARD (Orange/Chapel Hill-Carrboro) : DATE 11-5-86 CERTIFICATION N/A UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE Certification OTHER: Recreation Advisory Council 11-8-86 (Date) Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro (Date) Hillsborough 12-5-86 _(Date) Durham (Date) Other Erosion Control -----aa-14 86 (Date) (Date) PLANNING BOARD: Date 3-3-87 Approval Approval with Conditions Denial Y BOARD OF COMMISSIONERS: Date Approval Approval with Conditions Denial 4 01103 f " . "r- Mayor Town Clerk Frank H. Sheffield, Jr. Agatha Johnsu,► HILLSBOROUGH, NORTH CAROLINA 2727$ Supt. Water Works Commissioners James Pendergraph Myron L. Martin Horace H. Johnson Street Supt. L.D. Wagoner Allen A. Lloyd 4 00E444:�� Remus J. Smith _ Chief of Police Rachel H. Stevens -•r,�*�r' Arnold W. Hamlett Fire Chief /.■ A`y John Forrest December 5, 1986 Eddie Kirk Orange County Planning Department Hillsborough, N. C. 27278 Dear Eddie: On December 4 the Hillsborough Planning Board reviewed the subdivision for Dathene Terrace and expressed the following concerns: 1. Board feels that the area located in front of the sewer easement has recently been filled. They ask that a compaction test be done to determine this. (County does not require compaction tests except as associated with issuance of building permit/see Erosion Control 2. Feels there is a drainage problem since this is a very low area comment) and stated that there is a drainage ditch that runs the length of the area. (See also Erosion Control comment) 3. Board is concerned if anything will be built on or cross over the sewer easement and stated that this is not allowed. (Building within designated/proposed easement area is prohibited) The Board also reviewed a subdivision for Robert Leon Snipes for property located at Nash and Corbin Streets. Members made a motion to table this review until they have more time to study this proposal. The material was not sent with their agendas and was presented at the meeting. The Board feels that this subdivision is located at the back of Dathene Terrace. If you have any questions please call. Sincerely, Janet Cole ORANGE COITNTY PLANNING DEPARTMENT HILLSBOROUGH NORTH CAROLINA 27278 6 .1t or 17 � 'S: * i:p.. MEMORANDUM TO: Eddie Kirk , Planner FROM: Warren Faircloth, Erosion Control Officer SUBJECT: Dathene Terrace Stormwater Management Plan DATE: November 14 , 1986 I have reviewed the Stormwater Management Plan for this subdivision and find that it does not meet the Ordinance requirements. The plan submitted deals with controlling the rate of runoff from the development of these lots, which does not, in this case, address the Ordinance requirements of infiltrating and filtering the runoff. I foresee great difficulty in design- ing a stormwater management plan for this site. This site was filled with waste stone from Piedmont Minerals several years ago. I do not believe that this material provides any capacity for absorbing and filtering runoff from these lots. The topography of the site also restricts meeting the Ordi- nance requirements since the lots are split by a watercourse and runoff from roofs and drives can only be spread over a portion of the lots. The use of alternate methods, such as detention structures, appears to have limited potential because of the very flat topography and lack of space to accommodate the structure. • 1,9,:!=t-'42 a:zni� ,Lirtii�m �:f � • ) 07 ti 30ii '::?.ST Trycn S?7 't • - 1 f �.: , . r --., 7..lirectcr MEMORANDUM TO: Eddie Kirk, Planner FROM: Mary Anne Black AVIA? DATE: November 8, 1986 - RE: Courtesy Reviews — Dathene Terrace Upon review of the preliminary plans for the Dathene Terrace. I see no elements warrenting comment from a recreation and park perspective. My recommendation concerning the preliminary plan for Gatemore calls for some designation of open space: an amount to be based on a ratio of 1 acre per 100 residents. (This is consistent thiswith developmenteno recommended d,ss�awould suggest that there are plans to rn that if land is designated from open space it be designated on the n rth`d veloprent end of the development with the potential for it to be expanded is expanded. This designated open space should be minimally developed with picnic tables, grills, and trash receptacles, and maintained so as to ensure a clean, safe area. Thank you for the opportunity to provide these staff comments. I will present my recommendations to the Orange County Recreation and Parks Advisory Council at its next scheduled monthly meeting (December) and will forward to you any changes/additional comments they may have. MAB/pbl Chr; "501 • �::eti._r?. 2 7.20-Z ►lil!55i:r�:�u•;`:- 7:�?-5361 • Durham, 6_�::-7;33:, • Ch:-:,-le, Hrll, 953--�. rJ:•w Code 919 iorm. l��'. 4 b. Dathene Terrace - Preliminary Presentation by Greg Szymik. The property is located in the Town of Hillsborough on Dathene Drive. Three lots are proposed out of a 1.24 acre tract. The average lot size is 17,981 sq. ft. or 0.41 acres. All lots would have frontage on Dathene Drive, a gravel public road maintained by the Town of Hillsborough. The tract is bordered by residential land and is located in an R-10 zone in the Town of Hillsborough. The tract has severe limitations due to a branch running through the middle of the tract and poor soil conditions for building purposes. The site also has poor infiltration and absorption conditions as referenced in the Erosion Control Officer's memorandum. Planning Staff recommends denial based on the denial of the Stormwater Management Plan by the Orange County Erosion Control Officer. Szymik continued that the Town of Hillsborough had expressed similar concerns. Pilkey asked about the branch through the property. Szymik responded it was actually a drainage ditch and any development on the site would create runoff which could not be controlled. MOTION: Kramer moved denial in accordance with staff recommen- dation. Seconded by Walters. TOTE: Unanimous. 4 O R A N G E C O U N T Y 0'?6 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date Marsh 24, 1987 Action nda Item SUBJECT: ESODERRICK SUBDIVISION - PRELIMINARY DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT( S ) : INFORMATION CONTACT: Greg Szymik Application Vicinity Map Preliminary Plan Preliminary Plan Certification Agency Comments Draft 3-3-87 Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : To approve the Preliminary Plan for Esoderrick Subdivision as recommended below . BACKGROUND: The property is located in Cedar Grove Township on the northeast side of Quiet Acres Drive. Quiet Acres Drive leads to Sawmill Road West ( SR 1545 ) . Two (2) lots will be created out of 10 .49 acres. The average lot size will be 4.9 acres. A "Class C" private road (Lush Life Lane) will provide access to one lot. The Land Use Plan designates this area as Rural Residential . All applicable agencies have reviewed and approved the proposal , and the Planning Board recommends approval . RECOMMENDATION: Approve the Preliminary Plat. A 11/85 0'71 ORANUg COUNTY { DATE: 1Llz.co �8L SUBDIVISION NAME: 5°1'>".)41-1"- Itho1ol4 LOCATI ON: SAlOM11L'�.aAa ....4%S1- A e0.041r OWNER/DEVELOPER: -1=:€9.54..,sr-)!--PALA- ADDRESS: TELEPHONE NO. : AGENT/CONTACT: s c.- TELEP..JNE NO . : 7314.4,21.0?.--• A. SUMMARY INFORMATION: Orange County. Tax M ;3 _3_4_ Block — Lot(s] l.:" .9 Township Z-. Zoning Dlstrict(sl : Tots.L Number of Acrca: ln.4Q Phases: Tote L Number of Lot 1e,_ Average Lot Size: �S" L-* Minimum Lot Si zs z • Number/Type of St rue tu rag: (existing] a (propoaedls►mhl.13.T-,gr►lLy Lineal Feat in Strew s: Sao' Acres in Open Space Water SuppLy: . Pub lic(speclfy] Cammunit Wastewater Disposal: Pub Lic(s ecif ] ?>c. Individual School 0i strict: p Y Community 1 ty -�Indi vi dual Genera L Land Uses is Area: A6�Rtcutr�R.A1- RFi r 01 tri ct: - CriticeL Areas: � V E - TA . cream/dralnageways fLanJ prone areas _historic sites other( zxplain], B. ALL p Lata must be subia tted on sheet no sma L ler 'Lien . one inch aqua Ls two_ hundred feet (1 °;20L1 . ] and no larger thin one inch aqua Ls fifty feet (111=501 ) and must con' in the following in fo rmat i or. : ' 14641 r1. Ja mama NIA AM er .4nar(sl building I. .oak Linea heck items r: noes of q:rvw { by nutselon ap typical. lot yaw, awglnwrr er layout completed) had pl" our ✓ j :•.•ti 'slating nd (tills; •rellelaary Plan -ti-•'"'^.••..`` 9 's,;imposed i t Iles, .0' :`•: easte. r :th arrow (North su x sent• ((Irvine's, utilities, _� tap of a Al + reeds, etc.) .� •' existing, proposed sad date (is Lading revision dates) •+'•}` tomsshix, tax cep-block-let A••l adjoining rtyntarof-say plfrrlac.a 'S�ti'•+�•.-� lnaladlag dimensions and '� t� hoendlry •l•aaMbmd with street name: and ache rand • -" beeringa gad distances ����//� numbers ✓ 4f /'L existing end proposed total a% raga of the tract s++r� •• r. sad sari '•�:�e utilities,i s including Of lots. lnaluding t;�.� type. atza., p sad •sal lag epee within : :�• rtghtl�. ray i.% hydrants. smlrea and '� control r rner existing an,: w"/: g proposed culvert X. proposed .it lines with c;:YrS lnaludin ■! '•`• diems(:e c g z1• and grades y Las as .e a '`` typical str..t woos-arctione ?;,`}i wad (:tars.atlgn Oats(la aping i .-es :: : tdpagrw:se ! at tea toot (101 :Vi;µ end d.slon and width ::k intervele ai CrevaLra, sad should::: aster ha: w at N henirattal eL1s and `+tip way and . yrdptaine ' flood- **- general •err: data (public y • stream 6. 'ern end notation 0/ 44L ern` indlowtir restricted • t buildings, —.urea such es ' devlopt:. : p let y,:rr historic l ceasrkairr. taumship. corporate end extra-- ✓ :-. adjoinin la�7esots. eaprltar/ g adjoining : planning �. :mess ofgedJ.:nin Layout Jarisdlat ;a llnua which 9 Property erola the property owner• and i .alriaions N location sad size of partials dedlaetad for public ul" or re/roved J }.r.{�S 1n aammah t (assns: -:,d si;a of late of restricted dewelnp. -.t patentisl and r/ � :� natation ,. a plat regspoing sane :.;;;4. starmwet wensgresnt plan Indicating first 1/. .nob of runoff from Ieparvloud surfaces far control of the C. OTHER SUBMITTAL. REQUIENTS: MTh 1 . Twenty—six (28] copf 'as of the preliminar y plat 2. Two fuLL size copi :s of an Orange ' County Ta; map (one copy with tax parcels involved c : .arLy marked] . • 3. Where municipal, or LWASA sewer is not available , a letter from the Orang County Health Depaiy: ;ent certifying the proposed wastewater system for each Lot . I , the applicant, hereby ..srtify that the foregoing a;apLication is complete and accurate. I understand that a 1210.00 fee (subdivisions of 15 Late or Lase) or a 3370.00 fee (subdivi ions of 15 lots or more) is due at the time of application . A $5.00 , ar Lot fee 1s due at the time the final plat is presented for recordation : APPLICANT 'S SIGNATURE ' OMINER S SIBNATIIRE GATE DATE • FEES: Amount /4/.5-14 • Date Paid /.2—.02/-'i r( Receipt £5ODEP.L1R DiVISIOAI &PpUCAHT PAUL WP' DE51fronow: AG41a,u-7UoAt AEsn:elm L o O O ,^ N O ` Obi 5 4 2599 w+1 Oa .2502 505 '8417 15N� 19P � 10.06 AC. 10.46 AC. ,16.41 AC. 12.60 AC. I0.4 2 AC. r r r � QUIEr A \ .0820 6 B 9 8707 i 3658 5.36 AC• 18 ,0; 93 8559 .' DINES ) I I. 74 AC. 3 0 0 10.02 AC. \ e .6450 C: GR 5.356a P C 10.43 AC. \ \ 5 AC. GESD 2 3150 \ \ a A30 ea 0 5°96 1014 •.OAr. 2, 5.G2 Pc :9.3 ; '18 � ,. �pC� �S�R 144 3882 .9 • 00 l _Y �\``G► 19D-- 9878 99:9 •3726 58 ' 0=��RVRP -16 (&) 0�2� pRP�Cc 76725 W .`‘yo ---"" 4885 ILO • -� ypVJ •. Fu a 6302 20 77.8 AC. seALE: 1"=400 p" II AC 1966 • 1 \ Esoderrick Division 11/85 (.1R ORANGE CON Ty CERTIFICATION AND APPRrVALS - PRELJNINARy PEAT STAFF ASSIGNMENT: Jane Garrett SKETCH PLAN: Received 10-20--86 Reviewed 10-22-$7 PRELIMINARY PLAT: Received 12-29-86 _ Reviewed 1-5-87 REVISED PRELIMINARY PLA.i Received Reviewed NCDOT: DATE _ 2-13-87 CERTIFICATION J.M. Mills. r'ostrict Engineer. SCHOOL BOARD (Orange/Chaff el Hill-Carrboro) : DATE 2-2�"7 CERTIFICATION NA UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE Certification OTHER: Recreation Advi ~bry Council 2-23-87 MAB1aC}_ (Date) Carrboro Fire D6dartment (Date) Chapel Hill I (Date) Carrboro ! _ .-_(Date) Hillsborough (Date) Durham (Date) Other S&E 1-5-87 WFaircloth (Date) Health Department 2-5-87 DH -ht (Date) PLANNING BOARD: Date , ..,3-3-87 Approval X Approval with Conditions Denial BOARD OF COMMISSIONERS: Date Approval Approval with Conditions Denial ORANG IT) COUNTY PLANNING DLP.tRTMMENT ]IILLSBOROUGH NORTH CAROLINA 27278 ow et e w _ MEMORANDUM TO: Jane Garre. , Planner FROM: Warren F-Jrcloth, Erosion Control Officer SUBJECT: Stormwater Management Plan for Paul Derrick: Esodezll ick. DATE: December 9, 1986 Stormwater runc._ if from this subdivision will be controlled by using large lot , . limited additional impervious surfaces, and the retention c , existing vegetation as a buffer to absorb and filter runc ,f. This subdivision meets the Ordinance requirements. - d SfAr q STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, North Carolina 27253-0765 JAMES G. MARTIN February 11, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E.WELLS, P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange Count. Ms. Jane A. rett Orange Count Planning Department 106 East Mai: ret Lane Hillsborough. NC 27278 Subject: Ptd" iminary Plans for Esoderrick off SR 1545 Dear Ms. Ga:.F tt: I - espouse to your letter of Febru.: j 2, 1987, I have reviewed the , reliminary plans for the "Esodei : i.ck Division" in Orange Count . n the proposed typical section aid only two single family lots ;. ,e proposed for the road, Lush Life Lane does not satisfy the ,a- nimum criteria for state road additions. Until the road has met he state subdivision specificati..). s, it can never be added to the tate road system for maintenance., I - pe these comments are helpful rearding this development. It ou have any further questions, da not hesitate to call this ffice. Yours very truly, J M. Mills 'ISTRICT ENGINEER JMM:SPI:acr C RI Ty 1-s3-"1 An Equal Opportunity/Affirmative Action Employe 1:\ d. Eso'lerrick Division - Preliminary Plan Presentation by Jane Garrett. The property in question is located in Cedar Grove To ship on the northeast side of Quiet Acres Drive whi.h leads to Sawmill Road West (SR 1545) . There are two (2) lots proposed out of 10.49 acres. The average lot size is 4.9 acres. An Orange County Class "C" pri ate road (Lush Life Lane) will be constructed to pro ide access to one of the lots. No zoning has been adopted in Cedar Grove Township. The Land Use Plan designation is Agricultural Res'dential. All applicable agencies have reviewed and approved the pro.osal. The Department of Transportation stated that the proposed development does not meet the minimum cri .eria (two homes per 1/10th of a mile) for State roa. additions. There is no intention on the part of the developer to achieve that standard. The Planning Staff recommends approval. MOTION: Bes ■ moved approval. Seconded by Walters. VOTE: Una imous. w II O R A N G E C O U N T Y 084 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date March 24, 1987_ Action nda Item SUBJECT: ELM GROVE - PRELIMINARY DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT( S) : INFORMATION CONTACT: Greg Szymik Application Vicinity Map Preliminary Plan Preliminary Plan Certification Agency Comments Draft 3-3-87 Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : To approve the Preliminary Plan for Elm Grove as recommended below . BACKGROUND : The property is located in Chapel Hill Township on the north side of New Hope Church Road ( SR 1723) . There are five ( 5) lots proposed out of 10 .53 acres. The average lot size is 2.0 acres . An Orange County "Class B" private road (Elm Grove Lane) will be constructed and will provide access to all subdivision lots. The property is zoned RB (Rural Buffer) . The Land Use Plan designation is Rural Buffer. All applicable agencies have reviewed and approved the pro- posal , and the Planning Board recommends approval with the following conditions : ( 1 ) Provide a notation on the plat restricting access of lots 1 and 5 to the private road ; (2) Indicate the property owner at the western boundary line; and (3) Payment in lieu of dedication ( $693 ) to Orange County . Requirement is based on 1 /35th of an acre per dwelling unit or lot. RECOMMENDATION: Approve the preliminary plat with the three conditions recommended by the Planning Board. 08o 1'1/85 , pOR SUBDIVISION APPRQVAL QRANGg COUNTY DATE: tz-1 l SUBDIVISION NAME: /WOVE_ LOCATION: , 1 ,,= 0.4.1, i- gall D . 6-44PEC j • OWNER/DEVELOPER;. 1-6/2 Fo 4-) ADDRESS: T -- ,z■acT or Co • -r r ..../16111 .,t TELEPPINE Na. : fr.� , i AGENT/CONTACT: 1E T n .. u►2vL S TELEPHONE NO. : 73L-t0Z(0Z---. • A. SUMMARY INFORMATION: Orange County Tax Mb, ) Black _ Zoning Dlatrict(a) : 2- L.at(a) < Township Total Number of Acrrr� : lo. 3 Total Number of Lots: _� Phases: i Number/Type Average Lot Size: 2' 0. Minimum Lot Size z•o3 ype of Struct'area: (existing) 4� " Lineal Feet in Street's: � Acres in Open Ss: ,cepropoeed).l,a,LL. ±y Water Supply: � Pub lic(apecif ) Cc •mu n ' _.,Ind v ue l Wastewater Disposal: - ub Lic(speci fy) Community Individual District: Fire Di: riot:�_General Land Uses in . ee: -) ►Critldal Areas: • .eam/drainageways `floe ;77:7 1717:7---------- ptq Lam� watershed(specify) historic sites B. ALL yplats must be submi sd on sheet no smaller tt. i . one inch equals hundred feet (1 ";2OD+ and no Larger then one ± i feet. f 1 "-6O I ) and moat conti the following information; ! soh equals fifty feet solidi vier Haas �•� gamm of a. r(s1 , �i tel Wing •psi .c. Line' eck items ` ' • Wyss• of rw by natation a typiaat lot P , land '1'Orr, engineer or ''° ° yy m leted Plea. Layout• (title] P. 'winery Plan 5.1,.:6:..`•.•`'" existing and r"•Rated ease-. �''_:"4;,'' aaaLa. nor arrow (March at rents ldreini r• . utilities, .:',fir. sap Of raw rondo. sta.J date lino: ,#'41411 revision dress)1•2y.•• existing,n. rigs emceed and • . ••� tawaabip, t rrp.+bloak+let ' including ri£! ,,sn.10ay referable. including u:AUnai.n■ .....4%;.: ' bobgdar d stress naasa _ . I . end r :ribatl with 'A{ nwaeete state road _e_ :41::..5,-;,,,, baarlag• diatanare natal Wars•r ,. of the treat atlasiig proposed YM and swreag, sr lose. including tillt•1 . including sad dxelwd. g ;: '';g type. sizes +•. : area within :., rights—Gt—� <? hydreale. vale.. and *antral War y '':. les Prepeasd ler Lines wish * � existing sad Y'•• dlnanalara 1,0 existing p availed culvert Eat a i T ? Y e17.s and grades i ;y wbsr_ '"' typical street craaa+esatlana .� y Pbralsg fir . ry and 1 L >. nlaret• c' an drtal le topography :: Inaltdine dui ti and width ; interim ear Teas L1g1 a�^ , 5:-%..). ;'• hurl erwelway Fwd shoulders water bodi. strassr, flood.. •.:••:•:- hurlZoetrl a •aaant ` war and fl ;i.lna ' �••' gaadral curve �_!a Ipwallouad •• stress bar. roadel and natation ice? .• : Indicating . *rioted buildings tGee nil ewab as ; darelopasas oaatl.L '' buildings, sae 4•g, • toraabip. ec grata and extra— ✓. ,,, historic lands_ .•. territorial tanning +r+ri adjoining 1 Layout Jwristl/atlgn liana watch nears of adJalr .,,g prop•rsr } arose the owner• and suba:.isians pr T art } lcaatlon and zwrof pero•te dedicated far pwblla was 0. reserved : f. in common •Nx tooatte* es am et lose of of notation on , t regarding saga reatridtad development : santls/ and ..riA, storawat•r . .grasps pleb indicating first 1/2 i, _ of runoff fres laperviaus provi for ` '.trill of eh• /r+rtAV nnr .•—_. __ Oft; C. OTHER SUBMITTAL RECUIR - ENTS: 1 . Twenty—s1x (28] cc . ' se of the preliminary plat 2. Tim full size cop•' s of an Orange County Ta:: map (one copy with tax parcels involved c Holy marked] . 3. Where municipal, or :WASA sewer is not evallabl , a Latter from the Orange County Health Dapar •mant certifying the proposed wastewater system for each Lot. I , the applicant, hereby . artify that the foregoing application is complete and accurate. I understand that a. $210.00 fee (subdivisions of 15 lots or less] or a $370.00 fee (subdiv' - ions of 18 lots or more: is due at the time of application . A $5.00 -sr Lot fee le due at th, time the final plat is presented for recordation try ' ` a jct., earatCkaag/I-- 44-Interertiti*.c.te—be-cc' APPLI CANT ' - SIG ATUR + / !1 OWNERS S A1 3RE 1 OAT t DATE FEES: Amount 57 'o )ate Paid '/2, - 29-8 ' Receipt SW/ N , I A A I d _ , ELA .. GROVE p9s.31 7, U 8 ! : 1t00ERT 14ARUIVIZT,4, SEIttt1 CRo% (w) 1 C 11 gavuc�+ur � I Zo�111NG: R,t,�UL �uFFER 7 up DES1GNkVON: RuBAL p� DISMAL, I 1 W • $ ' I 9E � ,� aF� a Z 85 AC 2315 ,aaa3 I 1�• m I � 10. 81• \1- m I 11 ' I 10. 14 AC• I I II II I MAP/IOC` WALNUT' COVE III ��e;r 1 1 I W �� aYsi L 7E / / y 9107 Oro- 0 II 2 pLD4 . LOIN' I 0 BO .ul,.r 1 I IQ► A981 ;� '7G I o El ill I 7812 � 12. AC. .19� I Ir • .98.. I.38As / r 1.65 .• A ORANGE RURAL /,j 9A _=--- NEW HOPE RURAL Flf I ' 46 AC. % p4 „4,..,--- 00 r *940 it o _ �—`- FI r. - S seams I 'wo'-o. 1 id — ('- ---7- as • la f LEGEND - 9861 ----.-s1 _ EDGE OF ROADWAY - — DEED LOT NUMBER 27 RAILROAD LOT OR PARCEL NUMBER 0 A. EASEMENTS(GAS OR DA STREAM �� POWER TRANSMISSION LINES) ---- A L.._z_. SCALED DIMENSION S BLOCK LETTER D DEED DIMENSION ' D PROPERTY LINE - ORIGIMAL BLACK DESIGNATION ;13! [-- 080 Elm Grove 11/85 ORANGE COUNTY CERTIFICATION AND APEBQ` L LS -- PRELIMINARY PLAT STAFF ASSIGNMENT: Jane G rett SKETCH PLAN: Received 1 ^ •7-86 Revic -red 10-15-86 PRELIMINARY PLAT; Receive( 12-29-86 Revic -ad 1-5-87 REVISED PRELIMINARY PLAT: 'eceived Revic ad NCDOT: DATE 2-24.87 .CERTIFICATION J.M. Mills , :.istrict Engineer SCHOOL BOARD (Orange/Chape:. 9i11-Carrboro) : DATE 2-2-87_ CERTIFICATION N/A UTILITIES (OWASA/Hillsborcuh/Mebane/Orange Alamance/Du:_ham) : DATE N/A Certification OTHER: Recreation Advise Council 2-23-87 MABlack (Date) Carrboro Fire Del. tment _ ;Date) Chapel Hill (Date) Carrboro 10-30-86 SSheparsi Date) Hillsborough 'gate) Durham 'Date) Other S&E 2-9-87 WFaircloth (Date) Health Department 12-30-86 Thonsler !Date) PLANNING BOARD: Date 3,3-87 Approval Approva: with Conditions X Denial BOARD OF COMMISSIONERS: i -te Approval ._ Inproval with Conditions — Denial P.O.Box 337 301 West Main Street a r r b o r o Carrboro,North Carolina 27510 (919)942-8541 N.C. __.. _ _ ��� _ _�(919) .:� October 29, 1986 , Mrs. Jane Garrett Orange County Plannir )epartment 106 East Margaret Lan Hillsborough, NC 272 RE: Courtesy Subdiv on Review Elm Grove Subdiv ion-Preliminary Sketch Dear Jane: The Town of Carrboro ..aff has reviewed the preliminary subdivision sketch referenced above and - -fern the following comments and recommendations: 1. That the propose.. intersection of the new subdivi_ ` : n road with New Hope Church Road shoe: 1 be 90 degrees. This realignmen .. would increase the centerline radii_ in the first curve of the new su :ivision road which is also desirable 2. Although the pl ement of the cul-de-sac as shown +s appropriate for the lots proposed fi this subdivision plan, right-of-.:ay should be provided between the lay. two lots to the northern property line. This would pro- vide for a bets:: . integrated road network connectLi to the 85 acre parcel directly north. At the time when that parcel (7.11. .8) is proposed for development, it :auld become that developers burd(2.1 to improve this dedicated right-of-way. If you have any ques ans or comments regarding this i-iformation, please do not hesitate to give me ,. call . The Town of Carrboro recommends approval of the Subdivision plan wit' the two conditions referenced abode. Sincerely, C 1/ t'7 G. Gregory Shepard Zoning Administrator cc: Robert Hartford Betty Cross - GGW:sgm E 412 RD -1 0 u' ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH NORTH CAROLINA 27278 ('NI e.�•`�• MEMORANDUM TO: Jane. A. Ctrrett. Planner FROM: Warren F'= .rclothr Erosion Control Officer SUBJECT: Storrs. ..ter Management Proposal fo._ Elm Grove Subdi` :sion DATE: February 2r 1987 The plan for t:.is subdivision proposes to meet the Ordinance requirements b'. creating large lots (great.:r than 2 acres) . limiting the amount of impervious surface on each lot, building a gz Jel road with grassed swales, and leaving an undisturbed 1- ffer around each lot to filter and absorb runoff. The proposed plan meets the Ordinance requirement. /) Wvv%frthfi!]bì?A Lipmpit.ij (19i MEMORANDUM �.. T0: Jane Garrc ..:t, Planner ` ` ,� 2-Z�-�"� 1...' FROM: Mary Anne lack '-)77,0 DATE: February , 1987 RE: Courtesy I :Iiew -- Elm Grove Eno River Estates Esoderrick Division ELM GROVE Upon review o' the preliminary plan for the proposed Elm Grove Subdivision, I f. :d that the, only element warranting comment from a recreation and pa_ perspective is the subject prol,c;:ty's location (a) in the JPA and (b) c or near the New Hope Creek waterway. The owners have indicated to me t'..st the property is not in the New Eope Creek floodplain and if this is the case, I would recommend that the County accept payment-in-lieu c _ dedication of land for public recreation, in that the property does not contain lands for future park or ,_aenway sites. ENO RIVER ESTATES The only elem. : of this proposed subdivision 1.L., liminary plan is its proximity to Lakc Orange and its location on the Eno River. Both these water resources 4.:e valuable recreation resources as well. I would request that the County pursue the possibility of the owner (a) donating that portion of F:'s property which lies within the 100-year flood plain to the County, or. (b) granting a(n) (conservation) easement on that same portion to the Cc lty. I would be willing to explore these options with the owner if the >ard so desires. The County Attorney would, of course, need to be involv0 in such negotiations. ESODERRICK DIVISION. I find no elei ant on the preliminary plan warrenting comment from a recreation and park perspective in that the subject property's location is not within the -'PA or planning jurisdiction of Hillsborough. Thank you for ;le opportunity to offer these st_ff comments. i will present my recorrs:.ndations to the Orange County Recreation and Parks Advisory Council It their March meeting and will forward to you any changes/additional comments they may have. MAB/pbl STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 • JAMES G. MARTIN February 23, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E.WELLS,P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Ms. Jane A. Garrett- ; Orange County Plan.•. Department: 106 East. Margaret: L. Hillsborough, NC 27:- Subject: Preliminary Plans For Elm Grove Subdivision Off SR. 17: ; (New Hope Road) Dear Ms. Garrett: After meet 'ag with Mr. Steve- Yuhasz, Land. Surveyor, on February 20, 1987, for a fic ' inspection of subject site, this. office has concluded the sight distance ; 0blem referenced- in my letter of bruary 17, 1987, no longer. exists. Please sv_.' it the required driveway permits to this office for approval. If you ha', any questions, please, fell free to contact this office. Yours very truly, . M. Mills DIST ITCT ENGINEER. JMM/SPI:jbh �ail& • D, An Final Onnnrtunity/Affirmative+Arfinn�,nnIrn, « 0 G] If 6 e. Elm Grove - Preliminary Plan Presentation by Jane Garrett. The property in question is located in Chapel Hill Township on the north side of New Hope Church Road (SR 1723) . There are five (5) lots proposed out of 10.53 acres, the average lot size is 2.0 acres. An Orange County Class "B" private road (Elm Grove Lane) will be constructed to provide access to all lots in the subdivision. The zoning designation is Rural Buffer. The Land Use Plan designation is Rural Residential. All applicable agencies have reviewed and approved the proposal. The Town of Carrboro provided two recommendations as follows: 1) Intersection alignment of Elm Grove Lane with New Hope Church Road should be 90 degrees. (Orange County Subdivision Regulations permit alignments between 60 and 90 degrees) . 2) Right-of-way should be provided between lots 3 and 4 to provide access to 85-acre tract to the north. (Extension of the right-of-way would not preserve the nature of development and would reduce the maximum potential of lots to be developed given the two-acre minimum lot size requirement. The adjacent 46-acre tract is better suited for integrated road network. ) The Planning Staff recommends approval contingent upon the following conditions: 1) Provide a notation on the plat restricting access to private road for Lots 1 and 5; 2) Indicate the property owner at the western boundary line; 3) Payment in lieu of dedication ($693) to Orange County. Requirement is based on 1/35th of an acre per dwelling unit or lot. Robert Hartford, applcant, expressed concern with the comment from Carrboro asking that he provide access for property which is currently agricultural and which he does not own. Mr. Hartford indicated he had put a lot of work into Y C 1 Lit cal 0 l Li 7 this subdivision and met the two-acre minimum lot size for the Rural Buffer. Jacobs asked about right-of-way for adjacent property. Garrett responded that the adjoining 46-acre tract has double road frontage. Mr. Hartford stated that the large tract behind this subdivision has one-half to three-quarters of a mile of road frontage on Old NC 86. MOTION: Best moved approval with staff conditions. Seconded by Taylor. VOTE: Unanimous. O R A N G E C O U N T Y 090 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date March 24, 1987 Action ends Item I SUBJECT: Z-1 -87 (REZONING REQUEST) W. E. & RUBY S . BLACKWOOD DEPARTMENT: PLANNING - PUBLIC HEARING Yes _ X _ No ATTACHMENT( S ) : — INFORMATION CONTACT: Greg Szymik Application Vicinity Map Summary Sheet Impacts Statement Agency Comments 2-23-87 Public Hearing Minutes Draft 3-3-87 Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : To approve a proposed amendment to the Zoning Atlas as recommended below . BACKGROUND : W. E. and Ruby S. Blackwood are requesting rezoning of a 2 .0 acre parcel located on the north side of NC 54 opposite the intersection of White Cross Road (SR 1952) . The property is known as Lot 9 of Tax Map 30, and part of Lot 13 of Tax Map 30B for Bingham Township. The property is located in an area designated Agricultural Residential and Rural Community Activity Node in the Land Use Plan . The present zoning is AR (Agricultural Residential ) . The requested zoning is to LC-1 (Local Commercial 1 ) . Rezoning of the property would allow the expansion of commercial areas near the intersection of N.C. 54 and White Cross Road. Properties to the south and west are zoned NC-2 ( Neighborhood Commercial ) , comprising a total of 4 .35 acres. During the public hearing, mention was made of the need for turn lanes at the intersection of N.C. 54 and White Cross Road. The Planning Board considered a recommendation for denial and resubmission as a Planned Development application. The Board decided against it, however, given the lack of Justification for turn lanes to serve the site. Instead, the Board recommended approval . The Planning Department would enforce the ()t; provisions of the Zoning Ordinance, limiting traffic generation to acceptable levels by-way-of restrictions on building size and/or use. RECOMMENDATION: Approve the rezoning request. ORANGE COUNTY, NORTH CAROLINA '! APPLICATION FOR CHANGE OF ZONING DISTRICT Date : .Pe /g& TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make app Li cation to change the Zoning Atlas of Orange County as hereinafter requested . / f� 1 The property is Located on the side of - �`1# �� rr [ Street/Road) uet� S .R . # ± and S .R .# It is kncpgn as Lot [s) I . , B ,�� 1 Ong , of Orange�,9our)ty .Tea==KepO .Q� �/ —/3the�iti/�l�J Township . It has a frontage of .� feet end a dkcth of X64 feet , and contains square feet or _ acres . 7/0 4. • ,l i 2. It is de,,sii�c�ed ar d requested hat, -che foregoing property be rezoned from CL .�ul ka� O adi�/, t o 1-41. 4drte._ �,.. 3 . The •folLowing information has bean attached in _ support of the application for changing the Zoning Atlas (* — required on all applications) . 'a. A fully dimensioned map at a *Cale of not Less then one (1) inch equals one—hundred (100) feet nor more then one (1 ) inch equals twenty (20) feet - showing- The land which is proposed to be rezoned. •b. A Legal description of the land proposed to be rezoned. •c. A statement of justification addressing one or more of the following: (1) The alleged error in the Zoning Ordinance, if any, which would be corrected by the proposed amendmt,'t with a detailed explanation of such error in th , Zoning Atlas and detailed reasons how the proposed amendment will correct the error. (2) The changed or changing conditions, if any, in the area or in the County generally, which make the proposed emeni.sent reasonably necessary to the promotion of the public health, safety and general welfare. 5(3) The manner in which the proposed amendment will carry out the intent and purpose of the adopted Land ilea Plan or part thereof. 6(4) All other circumstances, factors and redeone which the applicant offers in support of the proposed amandment including, but not Limited to, documentation from service agencies (e.g. fire, police, rescue end utilities agencies) assuring services provision capability to the development. d. A List of all individuals, firma or corporations owning property adjoining or within five hundred [500) feet of the property ught fo.r `rezoning is attached. The List is currant as of ''t'•a y— ��E, (data) I certify that all information furnished in this application is accurate to the best of my knowledge . Applicants) :,) ' ' tc4-1 &,,haovi Add ress :_yei7- a.� ( W xa t_t P. e_. Phone : t' —3576 7 I I I v \ \ \ r / — w gel A b,_ \ , i ti a Tr Vim: L ( `± J • V Ql \ Cg \\�� G \ w7 \ P N \ \ 9 N \cn cD w \ ---\--- F.- ci a~ vi ,\ \ a \i1 x a S r 0. a cn m o m w u, a O w ro w ,� C z 4" \ w I n \ - - cr 6 \In X14 d _ �, °• ORANGE . 0• a N o. el Z.) e a ■ v. C] env) CO ?_\____. 0 I ci c*..N . In co ;,-) O Q 0 • 0 a) 0 / er..0 Ey/r.... <IF /:1/1 K1 • LI- ono aQ N Q C _ , / of . �r / \n w/ • , . ....,12- /4,/ i I ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH NORTH CAROLINA I/ Z 1 a� v 27278 6•��t . m .$ — •o 11 17 'tahl 52 Cf!„, MEMORANDUM TO: Orange County Planning Board FROM: Eddie Kirk, Planner II DATE : February 5, 1987 SUBJECT: Z-1 -87 GENERAL INFORMATION APPLICANT: W .E . & Ruby S . Blackwood Rt . 4, Box 208 Chapel Hill, NC 27514 LOCATION: North side of NC 54 across from the inter- section of White Cross Road (SR 1952) with NC 54 in Bingham Township . STATUS OF APPLICANT: Owner REQUESTED ACTION: Approval of a rezoning request from Agricultural Residential (A-R) to Local Commercial-1 (LC-1 ) . PURPOSE : To allow commercial development on the 2 acre tract . LOT SIZE: 2 .00 acres or 87,120 square feet EXISTING LAND USE: Vacant wooded Land SURROUNDING LAND AND ZONING : North - Vacant wooded land zoned A-R South - A corner store zoned NC-2 across NC 54 East - Vacant wooded land zoned A-R West - Vacant land zoned A-R and the old school zoned NC-2 LAND USE PLAN : Designated Agricultural Rcs.idential and Rural Community Activity Node . 9 . . i_r . 10 u ORANGE COUNTY PLANNLNG DEPARTMENT HILLSBOROUGH NORTH CAROLINA 27278 b� 1707 .w 5: MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD FROM: EDDIE KIRK DATE: FEBRUARY 9 ► 1987 SUBJECT: DEVELOPMENT IMPACTS - Z-1-87 W.E. AND RUBY BLACKWOOD REZONING REQUEST WATER AND WASTEWATER SERVICES The lot would be served by an individual well. The tract will also be served by an on-site septic system. A letter has been received concerning the appropriateness of the soil for a septic system. ROADS/TRAFFIC The property is located on NC 54. It has approximately 473 feet of road frontage on NC 54. (SEE VICINITY MAP) The latest traffic count information is a 1984 NCDOT traffic count. This information indicated a count of 6000 trips per day on NC 54 at Orange Grove Road (SR 1006) . Trip generation studies indicate that a hardware/paint store produces 53.1 trip ends per day per 1000 square feet. For a freestanding retail store. trip generation is 36 trip ends per day per 1000 square feet. Applied to a 9600 square foot building would result in 490 and 346 trips per day, respectively. The Local Commercial-1 zone permits low traffic generation which the Zoning Ordinance defines as an average of less than 200 vehicle trips per day. Based on the traffic generation figures above. an NC-2 Neighborhood Commercial district would be more appropriate. The district permits medium traffic generation - 200 to 800 trips per day. T t , MEMORANDUM PAGE 2� 1 W.E. & RUBY S. BLACKWOOD REZONING DEVELOPMENT IMPACTS FEBRUARY 9 , 1987 The Orange Grove Volunteer Fire Department, Sheriff' s Depart- ment and Orange County Rescue Squad have all commented on police, fire and rescue services for this tract and have indicated their willingness to serve this lot with no problems. (See letters dated January 8, 1987 , January 7 , 1987 and January 8, 1987 respectively. ) RELATIONSHIP BETWEEN LAND USE PLAN MD ZONING ORDINANCE The property is located within the Bingham-2 Rural Community activity node. The Rural Community activity node designation corresponds with a limited range of commercial zoning dis- tricts including Local Commercial-1 (LC-1) and Neighborhood Commercial-2 (NC-2) . The Zoning Ordinance states that property to be designated LC-1 must have direct access to arterial or collector streets, as designated by the adopted Land Use Plan. NC 54 is designated as an arterial in the Orange County Land Use Plan. The maximum amount of land zoned LC-1 at any node cannot exceed five (5) acres in rural areas. Within the Bingham-2 Rural Community activity node, there are no properties zoned LC-1 . There are 4.35 acres of land zoned NC-2 Neighborhood Commercial, leaving 0 .65 acres available for NC-2 develop- ment. Given the problem identified previously with respect to traffic generation, amending the rezoning request to apply for an NC-2 district would offer no solution. Permitted Uses The purpose of the Local Commercial-1 (LC-1) District is to provide appropriately located and sized sites for limited commercial uses designed to serve a population at the neigh- borhood and rural level with convenience goods and personal services. Rezoning of the site would allow for development of the property for those uses permitted by right in the district. In the LC-1 district uses permitted by right include: PERMITTED BY RIGHT Daycare, Day Nursery, Private Kindergarten Family Care Home Rehabilitative Care Facility Accessory Uses Botanical Gardens MEMORANDUM PAGE 3 W.E. & RUBY S. BLACKWOOD REZONING DEVELOPMENT IMPACTS FEBRUARY 9. 1987 Bus Passenger Shelter Church Community Center Parks, Public and Non Profit Schools of Dance, Art, Music Governmental Facilities Sewer/Water Pump Stations Assembly Facility Less than 300 Banks/Financial Institutions Beauty/Barber Shops Clubs/Lodges Health Services Laundry & Dry Cleaning Services Libraries Motor Vehicle Service Stations Nightclubs/Bars Office/Personal Services (no adverse impacts beyond building) Recreational Facilities (Profit/Non profit) Golf Club/Course Electronic/Applicance Repair Services Retail Trade Sales & Rental-Convenience Goods (low traffic) Retail Trade Sales & Rental-Durable Goods (low traffic) PERMITTED WITH THE ISSUANCE OF A_ CLASS A SPEML ULE _FER$1T Public Utility Substation PERMITTED WITT TUB ISSUANCE OF A CLASS B SPECIAL USE PERMIT Group Care Facility Radio/Television Towers and Elevated Water Storage Tanks Transmission Lines Recreational Facility (Non-Profit) Development of the lot (s) requires compliance of the appli- cable requirements of the zoning ordinance. including the Land Use Intensity System (floor area. open space. etc. ) , landscaping and screening, parking and signage. LINDY PENDERGRASS 10 Sheriff of Orange County Hillsborough, North Carolina, 27278 Office Phone: Hillsborough 732-2431 Chapel Hill 942-6300 Residence Phone: 929-5535 To: Planning Department From: Sheriff Lindy Pendergrass Re: Rezoning Request Date: January 7, 1987 With reference to the property owned by Mr. Everett Blackwood and located at White Cross, this is to advise you that if this property is rezoned to Commercial and a commercial building is placed there, that it will not adversly effect the Orange County Sheriff's Department and that the Department will be able to furnish security for same. Lindy Pend rgrass, Sherif.. Of Orange County 0 vt-eet/0%30 WHENCE NUMBER DATE PIN MAP REFERENCE 7,57.A Lcir Fvnum IlliN 0/3„ 25, AC., "?-749-41 -7170 6.. ?.ZIP, OUESTEE: OWNER uHVIS VERNON SHIPP JLU"E CHF:ER ▪ u BOX 2463 L!-11-1PLL HILL NC 27514 775 1.S.T ST 942-4436 .EPHONE: NEPRTTT Tc711..n;dn 171 7P735,7, :CIFICADONS: b SITE PRELIMIWIRY :ATION/DIRECTIONS: liwY 54 W VfrellA Ov/f RECEIPT: SIGNIA13,1Rr. NER OR AUTHORIZE()AGE ".:) 026377 'FIRMED BY PLANNER: PLANNER CLEUç t.LUPE TEXTPRE STRUCTURE DEPTH H. HOR IN. DRAIN EX. DRAIN PERNEAB J vtRALL L MARKS: hdlt.....s 5 61-es Ps 4 "---36 hoi-es U 1.1 Fr (3)s ; 14. rs34 5=-2-7 SnNITARIAN 11111Fr ORANGE GROVE VOLUNTEER FIRE CO. ROUTE 3,HILLSBOROUGH,NORTH CAROLINA 27278 January 8 , 1987 Planning Department Courthouse Hillsborough, NC 27278 To whom it may concern : Mr. Everett Blackwood has indicated to us his intention of building a hardware store , approximately 80 ' x 120 ' in size , at White Cross on NC 54. He has asked us to comment on our ability to provide fire protection for the building . Since the location is within our tax district , we are , of course , responsible for providing fire coverage. In my opinion we will be able to provide the necessary protection , either by ourselves or by calling in mutual aid from neighboring fire de- partments . We also would request that the operator of the business cooperate with our fire company in pre-planning how we would attack a fire on the premises and in sharing with us the nature and location of any hazardous materials. Signed , Edward S . Johnson President , OGVFC A Pit; 7/75147 o /9 ivy) /zZ TO 6 Cc LT r.!` 'Y i_r140VN,rr 6 1Q0m , =P7EAGcNCy CL S (et': , E ,' . S . 5i RV/GGS 01.9 7-E.' gr7 O AN6L co v...T y/yU _.v.fi/a D/C.4N G e.S'Cc/r R PI-L1 v/1i)a3 4-/h4'2c >7 ML0, c,?L 7-6' /1/ 6 1...") wc' .) La C.4 i L O c)N /f. 6 h u./Ay - IF- u/4-577 D v L o/',•'"v' i A %AyCS /lie,Elf /9J H t 3 t -.o ,_-d N d T CPS v,i 'li- tre, Q L 4 rt O.-) 5��2�/.c•ZS 2-23-87 PUBLIC HEARING MINUTES 1 4• D RA ET ordinance set a ceiling of four units per acre in a mobile home park. Rather than use the individual lot size to control the density, the decision was to made to allow the zoning district to control. This would encourage clustering. Vernon Davis expressed concern that the mobile home park owner with less density would be required to have as much open space as one with higher density. He noted that recreation is determined by people rather than land. Collins responded that this was a concern expressed by mobile home park owners as well. He noted that the recreation facilities must be geared to the needs of the mobile home park residents. PUBLIC HEARING CLOSED 057 4 . ZONING ATLAS AMENDMENTS Z-1-87 W. E. and Ruby Blackwood (R-1 to LC-1) Presentation by Marvin Collins. W. E. and Ruby S. Blackwood are requesting rezoning of a 2. 0 acre parcel located on the north side of NC 54 opposite its intersection with White Cross Road (sR 1952) . The property is known as Lot 9 of Tax Map 30B for Bingham Township. The property is located within an area designated Agricultural Residential and Rural Community Activity Node in the Orange County Land Use Plan. The present zoning classification of the property is Agricultural Residential (AR) . The applicant is requesting the lot to be rezoned to Local Commercial 1 (LC-1) . Approval of the request would allow development of the full range of commercial uses for the LC--1 district at this location. Properties to the south and west are currently zoned NC-2 Neighborhood Commercial, comprising a total of 4.35 acres of land. Rezoning of the property would allow for the expansion of commercial areas near the intersection of NC 54 and White Cross Road. Planning Staff recommends denial due to the fact that the applicant fails to meet traffic generation criteria for the LC-1 Local Commercial zoning district; specifically, uses that are permitted in the LC-1 district have to have traffic generation of less than 200 vehicles per day from the site. The site was reviewed, and it was estimated there were 350 to 450 trips per day based on the building size indicated in the application. Collins indicated a positive 'recommendation could be considered, but the Planning Staff would limit the building area so that no more than 200 trips per day would result from the site. 1 The only other zoning district that could be applied for would be NC-2 or Neighborhood Commercial district. The district permits 200 to 800 trips per day. The Zoning P Ordinance has a limitation of five acres in any rural activity node, and there are already 4.35 acres zoned for NC-2 purposes leaving only about two-thirds of an acre which could be used for that purpose. Collins continued, noting that if the rezoning request was approved, Planning Staff would be required, through the Zoning Ordinance provisions limit the building size based on the amount of traffic generation proposed. Steve Yuhasz inquired how many of the uses listed for NC- 2 would generate less than 200 trips per day. Collins explained that it would depend on the size of the business. Vernon Davis indicated his desire to speak in favor of the rezoning request because of a need for a hardware store in the area but expressed a need for a turning lane at the intersection of NC 54 and White Cross Road. Raney Danzinger . expressed support for the need of such a neighborhood business. County Attorney, Geof Gledhill cautioned the Planning Board and Commissioners not to consider the specific use in a rezoning request unless it is a Special Use Permit application. There is no power in a general rezoning to require on-site improvements. Commissioner Carey inquired about the reduction in building size needed to accommodate the trip generation allowed in the zoning district. Collins responded that the Health Department comments received were based on a building size of 9600 square feet. A reduction of building size by half would be needed. 071 5. SUBDIVISION REGULATIONS AMENDMENTS a. Section IV-B-8 Landscaping and Buffer Requirements Presentation by Marvin Collins. On December 6, 1986, the Board of Commissioners suspended enforcement of Section IV-13-8-c-1 of the Subdivision Regulations, pending further study of standards requiring installation of plant materials in building setback areas and on parcels designated for recreation/open space use. Concern had been expressed by land owners and developers about the high cost of complying with the standards. Clarification of application was also required. The Planning Board Ordinance Review Committee has been working with a developer, forester and landscape arch- itect in reviewing the design standards. The proposed revisions represent changes to Section IV-B-8 as appli- cable to new subdivisions. 132 f ) _ n .Fi H e. Z-1-87 (REZONING REQUEST) W. E. & RUBY S. BLACKWOOD Presentation by Greg Szymik. W. E. and Ruby S. Blackwood are requesting rezoning of a 2.0 acre parcel located on the north side of NC 54 opposite its intersection with White Cross Road (SR 1952) . The property is known as Lot 9 of Tax Map 30, and part of Lot 13 of Tax Map 30B for Bingham Township. The property is located within an area designated Agricultural Residential and Rural Community Activity Node in the Orange County Land Use Plan. The present zoning classification of the property is Agricultural Residential (AR) . The applicant is requesting the lot be rezoned to Local Commercial 1 (LC-1) . Approval of the request would allow development of the full range of commercial uses for the LC-1 district at this location. Properties to the south and west are currently zoned NC-2 Neighborhood Commercial, com- prising a total of 4.35 acres of land. Rezoning of the property would allow for the expansion of com- mercial areas near the intersection fo NC 54 and White Cross Road. The Planning staff recommends denial, since the w . r q ` � 1 ti • 12 applicant fails to meet traffic generation criteria for the LC-1 Local Commercial zoning district. An optional recommendation for approval was presented at the public hearing. If approved, the Planning Department would enforce the provision of limiting the building use and/or size so as not to exceed 200 vehicular trips per day from the site. Jacobs asked if the applicant cound resubmit his application as a request for a special use permit. Collins responded it would be the same situation for a Special Use Permit and Rezoning. The same acreage and traffic limitations would apply for LC-1 and NC-2. The only difference would be that with additional traffic information, conditions of approval could be attached; including one which addressed concerns for turn lanes. Discussion followed on the method of projecting traffic generation and limiting building size. Collins noted that if the Board approved a rezoning to LC-1, the Planning Staff would enforce the provision for limiting the building size. MOTION: Pilkey moved approval of rezoning to LC-1. Seconded by Taylor. VOTE: 5 in favor. 4 opposed (Jacobs, Best, Hubbard, Margison - all indicated they would prefer the applicant to resubmit an application for a Planned Development which would require a Special Use Permit. This would allow for the concern with roads to be addressed. O R A N G E C O U N T Y BOARD OF COMMISSIONERS 11 1 ACTION AGENDA ITEM ABSTRACT Meeting Date March 24,_19$7_ Action nda Item 11� SUBJECT: PROPOSED ZONING ORDINANCE AMENDMENT (ARTICLE 11 .7 NONCONFORMING LOTS) DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT( S ) : INFORMATION CONTACT: Marvin Collins Proposed Ordinance Amendments 2-23-87 Public Hearing Minutes 3-3-87 Planning Board Minutes Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : To approve a proposed amendment to Article 11 .7 of the Zoning Ordinance as recommended below. . BACKGROUND : Article 11 .7 of the Zoning Ordinance requires that nonconforming lots of record, in the same ownership and with continuous frontage, be combined to create conforming lots. On February 23, 1987, a public hearing was held to consider revisions to the requirements. Approval of the amendment would allow the construction of single-family detached dwellings and customary accessory structures on nonconforming lots of record. The amendment would apply in all zoned townships, and the Planning Board recommends approval . RECOMMENDATION: Approve the proposed amendment. : 1--2 PROPOSED ORDINANCE AMENDMENT ORDINANCE: Zoning Ordinance REFERENCE: Article 11.7 Nonconforming Lots ORIGIN OF AMENDMENT: _X_Staff_X_Planning Board_X_BOCCPublic Other: STAFF PRIORITY RECOMMENDATION:_x_High_Middle_Low Comment: EXPECTED PUBLIC HEARING DATE: February 23, 1987 *********************************************** PURPOSE OF AMENDMENT: To revise Article 11.7 of the Zoning Ordinance which requires nonconforming lots of record, in the same ownership and with continuous frontage, to be combined to create conforming lots. A "lot of record" is a lot created by deed or plat prior to the existence of or amendment to zoning regulations applicable to the lot. IMPACTS/ISSUES: On January 5, 1987, the Board of Commissioners enacted provisions creating a Rural Buffer (RB) zoning district and establishing a two-acre minimum lot size requirement therein. The provisions were applied to 38,000 acres of land surrounding the Chapel Hill-Carrboro area. Data from the Orange County Land Records Office indicates that 244 lots (5 .7% of all lots) in the Rural Buffer are less than two acres in size, in the same ownership and of continuous frontage. The lots would have to be combined to meet the minimum lot size standard of two acres. 142 (3.3% Of all lots) of the lots are developed. The Board of Commissioners placed a moratorium on enforcement of Article 11.7, pending a public hearing to consider revisions to or deletion of the provisions. Any amendment would be applicable in all zoned townships. Approval of the amendment would permit construction of single-family dwellings on 102 lots (2.4% of all lots) in the Rural Buffer district. Historically, sibdivision activity has been greater in Chapel Hill Township. Application of the amendment to all zoned townships would affect a smaller proportion of lots. Chapel Hill, Carrboro, Forsyth County, and Mecklenburg County require the combination of nonconforming lots to meet ordinance standards. 067 . II Wake County and Durham County do not. Alamance County does not enforce zoning. EXISTING ORDINANCE PROVISIONS: See attached. PROPOSED AMENDMENTS: Revised wording for Article 11.7 is as follows: 11.7 Ronsnnfnming x 11.7.1 Ilse Nsznconforming Lots for Detach Aw_ellinc ODe-Family A one-family detached dwelling and customary accessory structures may be erected, occupied and used on a separate nonconforming lot of record in accord with other requirements applying in the zoning district. 11.7.2 Zule, , Copcern,ing C9mbination DI contiguous N jicor ormina Luz in , ame Owner DEnarahip And With Contin gus Frontage: Exception (This article would be deleted in its entirety. ) **************************************************************** ORDINANCE REVIEW COMMITTEE: PLANNING BOARD REVIEW: BOCC REVIEW: 068 EXISTING ORDINANCE PROVISIONS • 11.7 Non-Conforming Lots • 11.7.1 Use Of Single Non-Conforming Lots For One-Family Detached Dwellings • A one-family detached dwelling and customary accessory struc- tures may be erected, occupied and used on a separate non-con- forming lot of record, not in continuous frontage with other lots in the same ownership in accord with other requirements apply ing in the districts. • 11.7.2 Rules Concemiin Combination Of Conti ous Non-Conformin. Lots In Same Ownership. And With Continuous Frontage; Exception a) Combinations Re d Where Non-Conformi r was Created at Enactment or Amendment of this Ordinance Where two or more non-conforming lots in single ownership and with continuous frontage exist, they shall be considered a single zoning lot and a• Zoning Compliance Permit authorizing their use shall only be issued when the lot area and lot width require- ments are met for the district in which the lots are located, except as provided in b) , below. b) Exec tion; 80% Rule Ap livable Where Three Lots or Leas are Involved Where land in single ownership at the time of passage of this ordinance and in continuous frontage is of sufficient width and area to provide at least 80% of the width and area required for three lots or less, it may be used and/or divided to provide no more than three lots, each with at least 80% of the width and area required in the district in which they are located. c) Rules for other Combinations of Lots Frontage of greater dimension than in b) above, if divided, shall conform to all applicable district regulations, except that in the division one remaining lot may have not less than 80% of width and area generally required. Full yard requirements shall apply to all of the newly created lots. d) Combination Not Re ired Where Non-Conformit Created by Public Taking or Court Order Where the non-conforming lots were created by public taking action or as a result of a court order, combination of the lots shall not be required. 069 DRAFT I JPH MINUTES • 2/23/87 DRAFT A. BOARD COMMENTS B. AUDIENCE COMMENTS 1. Matters on the Printed Agenda (We would appreciate you signing the pad ahead of time so that you are not overlooked. ) 2. Matters not on the Printed Agenda PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending member to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. D. PUBLIC HEARINGS 3. ZONING ORDINANCE AMENDMENTS 025 a. Article 11.7 Nonconforming Lots (RURAL BUFFER) Presentation by Collins. Article 11.7 of the Zoning Ordinance requires that nonconforming lots of record, in the same ownership and with continuous frontage, be combined to create conforming lots. On January 5, 1987, the Board of Commissioners approved the Rural Buffer (RB) zoning district designation and its application to 38, 000 acres of land surrounding the Chapel Hill-Carrboro area. Data from the Orange County Land Records Office indicates that 244 lots (5.7% of all lots) would have to be combined to meet the two-acre minimum lot size requirement. Of these lots, 142 (3. 3% of all lots) are developed. U 6�) , 2 A moratorium on enforcement of Article 11.7 was approved RA FT by the Commissioners, pending a public hearing to consider revisions to the requirements. Any amendment- would be applicable in all zoned townships. Approval of the amendment would allow the construction of single-family detached dwellings and customary accessory structures on nonconforming lots of record. As applied to the Rural Buffer district, the amendment would affect 102 lots (2.4% of all lots) . Collins stated that the ordinance amendment, if approved, will delete the requirement to combine non-conforming lots in the Rural Buffer or any other portion of the County. It would allow any individual who owns a non- conforming lot of record to build on that lot provided building setback requirements are met for the district in which it is located. Steve Quint spoke representing twelve members of the Homeowners Association in the Falls of New Hope Sub- division. He expressed concern that the present law is a very obscure one which only devalues property. It takes away the individual's right to develop his property as he desires. He commended the objectives of the regulation but noted that individuals had purchased adjoining lots in the hopes of maintaining the rural character of the area. Chair Marshall clarified Mr. Quint's position as speaki: in favor of the amendment which deletes the requirement-- to combine lots in order to make them conforming. Mr. Quint agreed with the clarification. Chris Best asked about building on non-conforming lots that are not contiguous and consist of only one acre. Collins responded construction would be permitted, providing the ownership is not the same as adjoining property. . Best inquired if there would be other non conforming lots at a later date. Collins responded there would be no more non-conforming created unless the Zoning Ordinance were amended. In answer to a question from John Hartwell, Collins stated that acquisition by a public agency, such as for road right-of-way, could create a non-conforming situation. This would create a hardship which could be addressed by the Board of Adjustment through approval of a variance. PUBLIC HEARING CLOSED 031 b. Article 7. 20 PD-MHP Planned Development Mobile Home Park District 066 r • PO L;\ AGENDA ITEM #8: MATTERS HEARD AT PUBLIC HEARING (2-23-87) a. Zoning Ordinance Amendments (1) Article 11.7 - Nonconforming Lots Article 11.7 of the Zoning Ordinance requires that nonconforming lots of record, in the same ownership and with continuous frontage, be combined to create conforming lots. - On January 5, 1987, the Board . of Commissioners approved the Rural Buffer (RB) zoning district designation and its application to 38,000 acres of land surrounding the Chapel Hill-Carrboro area. Data from the Orange County Land Records Office indicates that 244 lots (5.7% of all lots) would have to be combined to meet the two-acre minimum lot size requirement. Of these lots, 142 (3.3% of all lots) are developed. A moratorium on enforcement of Article 11.7 was approved by the Commissioners, pending a public hearing to consider revisions to the requirements. Any amendment would be applicable in all zoned townships. Approval of the amendment would allow the construction of single-family detached dwellings and customary accessory structures on nonconforming lots of record. As applied to the Rural Buffer district, the amendment would affect 102 lots (2.4% of all lots) . Historically, subdivision activity has been greatest in Chapel Hill Township. Application in all zoned townships would affect a smaller proportion of lots. The Planning Staff recommends approval of this proposed amendment. MOTIOR: Hubbard moved approval. Seconded by Walters. VOTE: Unanimous. O R A N G E C O U N T Y 11.0 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date March 24 . 19p Action Alida Item 5 SUBJECT: PROPOSED ZONING ORDINANCE AMENDMENT (ARTICLE 7 .20 PD-MHP MOBILE HOME PARK DISTRICT) DEPARTMENT: PLANNING —_ PUBLIC HEARING Yes X No ATTACHMENT( S) : T - INFORMATION CONTACT: Marvin Collins Proposed Ordinance Amendments 2-23-87 Public Hearing Minutes 3-3-87 Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill -- 968-4501 PURPOSE : To approve proposed amendments to Article 7 .20 of the Zoning Ordinance. BACKGROUND : Article 7 .20 of the Zoning Ordinance contains design standards applicable to mobile home parks. The standards were adopted March 18, 1986 . Proposed revisions to Article 7 .20 were presented at public hearing on February 23, 1987 . The revisions were prepared jointly by the Planning Board Ordinance Review Subcommittee and a group of three mobile home park owner/operators. The proposed revisions apply only to new mobile home parks. Approval of the amendments would allow more flexibility in the design of mobile home parks while addressing public health and safety concerns. The Planning Board recommends approval . RECOMMENDATION: Approve the proposed amendments. PROPOSED ORDINANCE AMENDMENT ORDINANCE: Zoning Ordinance REFERENCE: .Article 7.20 - PD-MHP Planned Development Mobile Home Park District ORIGIN OF AMENDMENT: _X_Staff_X_Planning Board_X_BOCC_.._Public Other: STAFF PRIORITY RECOMMENDATION:__x_High,.Middle Low Comment: EXPECTED PUBLIC HEARING DATE: February 23, 1987 *********************************************** PURPOSE OF AMENDMENT: To revise Article 7.20 of the Zoning Ordinance to address concerns regarding development standards applicable to nets mobile home parks. IMPACTS/ISSUES: On April 7. 19861 the Board of Commissioners placed a moratorium on the enforcement of development standards contained in Article 7 . 20 as applied to existing mobile home parks. The Board also directed the Planning Board to review the standards and prepare a recommendation regarding their application. On September 16 . 1986, the Board of Commissioners, acting on the recommendation of the Planning Board. conducted a public hearing for the purpose of deleting Article 6.21.1 (a) of the Zoning Ordinance. The provision made the standards contained in Article 7 .20 applicable to existing mobile home parks. On November 3 . 1986. the Board of Commissioners, upon the Planning Board' s recommendation. approved the deletion of Article 6.21 .1 (a) from the Zoning Ordinance. Further study of the mobile home park standards and their applicability was also directed by the Board. Since November 3. the Planning Board Ordinance Review Subcommittee has been working with three mobile home park owner/operators in reviewing zoning provisions applicable to mobile home parks. The proposed revisions represent changes recommended to Article 7.20 as applicable to new mobile home parks. EXISTING ORDINANCE PROVISIONS: See attached. PROPOSED AMENDMENTS: See attached. Principal amendments to Article 7.20 include the following: (1) The mobile home space requirement 095 is reduced from 10,000 to 5►000 square 12 _ feet. The reduced standard is based on the model ordinance of the N.C. Manufactured Housing Association. (Art . 7 . 20 .4 A ) Zoning district lot size requirements are employed to control density rather than enforcing a minimum standard of 10,000 square feet. Further density control would be determined by method of sewage disposal and water supply, and Health Department standards applicable to each. (Art . 7 . 20. 4 J . ) (2) Requirements for patios and decks have been deleted. Mobile home entrances vary by type of unit. Each time a mobile home is replaced, patios and decks would have to be shifted. (Art . 7 . 20 .4B) (3) Specific setback distances from mobile home space boundaries have been deleted. Instead, spacing requirements between units have been used to allow owner/operators more flexibility in placement of units on lots. The minimum spacing required between individual units is 20 feet. A 22-foot setback requirement is mandated between a mobile home and the street on which the space fronts. (Art . 7 . 20 .4C ) (4) Mobile homes are required to provide solid foundation enclosure or skirting within 90 days of placement on a space. The type of skirting must be uniform throughout the park. (Art . 7 . 20 .4D) (5) Access to entrances must be provided in compliance with the N.C. State Building Code. (Art . 7 . 20.4D) (6) Streets must be at least 18 feet in width and located in at least a 40 foot right-of-way. Streets must be hard surfaced, and cul-de-sacs must not exceed 800 feet in length. (Art . 7 . 20 .4E) (7) Traffic control signs must be placed in appropriate locations in the park, and an approved unit numbering system for the park provided to emergency services personnel. Mobile homes must have appropriate numbers located thereon and in conformance with the _ _ approved numbering system. (Art . 7 . 20 .4F) (8) Grounds and buildings must be maintained free of noxious weeds, 096 abandoned appliances, automobiles and 12.1_ other similar nuisances. (Art . 7 . 20 .46) (9) Recreation areas are to be provided in accordance with the Subdivision Regulations and applicable provisions of the Zoning Ordinance. (Art . 7 . 20 .4H) (10) Landscaping and screening is limited to a 100 foot buffer requirement and screening around trash containers (dumpsters) . (Art . 7 . 20 .41 ) ***************************************************** ORDINANCE REVIEW COMMITTEE: January 20 , 1987 PLANNING BOARD REVVIEW: • BOCC REVIEW: 097 .` iJ� PROPOSED AMENDMENTS TO ARTICLE 7 - PLANNED DEVELOPMENTS PD-MHP PLANNED DEVELOPMENT-MOBILE HOME PARK DISTRICT Revised: 1-13-87 1-19-87 7.20 PD-MHp PLANNED DEVUOPf1ENT-MOBILE F19ME 1 STRICT The following regulations and requirements apply to PD-MHP Planned Development-Mobile Home Park Districts. 7.20.1 PD-MHP pi$trict! Definition And Intent PD-r9HP districts may be established , in accordance with the general procedures and requirements set forth in Sections 7.4 through 7.9 and with intensities and in locations in accordance with the Comprehensive Plan, the Zoning Atlas. and the standards set forth herein. The purpose of the this district is to provide for the development of properly located and planned facilities for mobile home parks. Adequate housing is fundamental to the welfare of county residents; however, conventional housing is not consistently affordable to, nor appropriate for. all members of the general public. Where properly regulated and located. mobile home parks address the public need for alternative housing and achieve a satisfactory relationship to adjoining and nearby property. The district shall be located in such a manner as to be compatible with the character of existing development of surrounding properties. thus insuring the continued conservation of building values and encouraging the most appropriate use of land in the county. Therefore, when evaluating an application for this district. emphasis shall be given to the location of the proposed mobile home district. the relationship of the site and site development plan to adjoining property, and the development itself. 7.20.2 Ada Reguirem.e ,S for EstablishMlat DI District The minimum area of any site to be developed as a mobile home park shall be ten (10) contiguous acres and the maximum area shall be twenty-five (25) contiguous acres, including rights-of-way and utility easements. (See definition of "mobile home park" in Article 22 of this Ordinance. ) 7. 20.3 Permitted Pr 1pa..1. Uses And atrUatilLea Permitted principal uses and structures. as well as accessory uses and structures, within the mobile home 108 park district are listed below. 1 0 A. Mobile homes. as defined in Article 22 of this Ordinance. B. Caretaker' s or manager's home or office. C. Service buildings and areas necessary to provide washing and drying machines for domestic laundry, sanitation, rest rooms. storage, vending machines, and other similar services provided by the facility for the use and convenience of the mobile home park tenants. D. Recreation buildings/facilities and areas serving only the mobile home park in which they are located. E. Customary accessary buildings and facilities necessary for operation of the mobile home park in which they are located. F. Storage buildings for individual mobile home spaces and intended for the exclusive use of the occupants of the mobile home space. G. Fenced. communal storage areas provided by the park operator for boats. campers. and other accessory vehicles belonging to park residents. H. Sales of mobile homes to be located within the district are permitted only for mobile homes which are already located on approved and established mobile home spaces. 7.20.4 Development StandAxds for Mobile Home Payks It is the intent of these standards to provide for mobile home parks which are aesthetically pleasing and provide an overall healthy environment for the residents of such parks. The design of mobile home parks shall respect the physical qualities of the land. including areas of steep topography. floodplains, and unique natural areas, and the preservation of existing wooded areas to serve recreation. open space, and scenic purposes. Mobile home park designs shall clearly reflect the needs of intended park residents and shall provide services and facilities accordingly. A. Mobile Home Space Requirements 1. A mobile home park shall be divided into mobile home spaces. with each mobile home space having an area of at least five thousand (5,000) square feet and a minimum width of at least fifty (50) feet; provided. however. that the Orange County Health Department may increase the minimum area requirement for the park and/or individual spaces where necessary to be consistent with groundwater 109 resources and/or the limitations of sewage disposal systems. In any event, the mobile home -i - space shall be of sufficient size to meet separation requirements based on the anticipated size and character of the mobile home and any additions or accessory buildings to be placed on the space. 2. The location of mobile home spaces on the ground shall be approximately the same as those shown on approved plans. 3. Only one (1) mobile home and its customary accessory buildings may be erected on any mobile home space at one time. B. r1obile trig Stand Requirements Each mobile home must be placed on a permanent stand which meets the specifications listed below. 1. The location of each mobile home stand must be at an elevation, distance and angle in relation to the adjacent access drive or street such that placement and removal of the mobile home is practical by means of customary moving equipment. 2. The surface of each mobile home stand and the area around it shall be graded where necessary to provide proper drainage and prevent the accumulation of water. 3. Each mobile home stand shall have a solid base surface consisting of at least three (3) inches of compacted fill dirt, crusher run or Chapel Hill gravel. or paved slab. and it shall comply with those standards specified in the State 9f North Carolina Regula_tiops f .lobjJ e Hones And y1 Blitzing. Prior to installation of the base surface, all top soil shall be removed from the area to be occupied by the mobile home stand. C. Separation Requirements The following separation requirements shall pertain to every mobile home, single or double-wide. within a mobile home park. 1. Each mobile home shall be located at least twenty (20) feet from another mobile home and/or building within the mobile home park, except small storage buildings located on the same mobile home space and intended for use by the occupants of that space. All attached structures. including storage buildings, carports and covered porches. but 110 excluding open decks and porches. will be considered part of a mobile home for purposes of . , ti determining separation requirements. 2. Each mobile home shall be located at least twenty-two (22) feet from the right-of-way line of an access drive or street providing access to the space on which the mobile home is located. 3. A detached structure located on an individual mobile home space and intended for the use of the occupants of the space shall be located at least five (5) feet from any mobile home or other building. D. Installation nf Individual j,lobile Barnes 1. Each mobile home shall be set up and installed in accordance with standards specified in the ate a Ruth Carolina Regulations ,foz liobile Aomes And 1404111ar Jlousina. 2. The owner/operator of a mobile home park shall designate a uniform type of solid foundation enclosure or skirting fully enclosing the crawl space beneath each mobile home in the mobile home park. Foundation enclosures or skirting must be installed in accordance with applicable standards of the North. Carolina State Buil4ing Code and. in any event, within ninety (90) days of placement of a mobile home on a mobile home space. 3. Access shall be provided to all entrances of a mobile home by-way-of steps (including handrails) installed in accordance with the standards of the North Carolina State Building Lojae. Where the residents of a mobile home choose to install decks adjacent to entrances, the mobile home will be required to have steps and handrails which meet the standards of the North Carolina State Puilding Cpde until the decks are completed. E.y.ehinulax Access 1. Each mobile home space shall abut upon an improved access drive or street which shall have unobstructed access to a public thoroughfare. 2. No mobile home space shall have direct vehicular access to a street or thoroughfare other than those located within the mobile home park. 3. The street layout within the mobile home park should be appropriately related to the topography. locations of abutting land uses, drainage patterns. street function and °qv natural features of the site. The planned layout of streets should minimize overall length of streets and provide for the safe. continuous flow of traffic within the mobile home park. ''�" 4. All streets within a mobile home park shall be located within a forty (40) foot right-of-way. and the travelway for all streets shall be at least eighteen (18) feet in width and must satisfy the drainage standards specified in Orange County's S ],� al11 and S�dimentat&on shall constructed with paved all-weather surfaces consisting of four (4) inches of base material (crusher run) and one and one-half (1-1/2) inches of 1-2 asphalt or tar and gravel surface treatment consisting a minimum of six (6) inches of base material (crusher run) covered with alternating layers of tar and pea-size gravel. 5. Every street within a mobile home park shall have a maintained six (6) foot wide shoulder running parallel and adjacent to each side of the paved street surface. The shoulder section may be used for walkways. driveways. - grass or low-growing vegetative ground cover or utility rights-of-way. 6. Cul-de-sacs or deadend streets are permitted within mobile home parks; provided. however. the maximum length of a cul-de-sacs shall be eight hundred (800) feet. Cul-de-sacs shall have a paved turnaround radius of forty-five (45) feet with a right-of-way radius of fifty-five (55) feet. 7. Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street intersection shall intersect another street at an angle less than sixty (60) degrees. The turning radius at street intersections shall not be less than thirty (30) feet. Offset intersections are to be avoided. but where permitted, they shall be separated by a minimum distance of two hundred (200) feet between street center lines. Where streets serving a mobile home park intersect with a State-maintained street, the intersection design shall conform to the standards of the North Carolina Department of Transportation specified in Subdiyision Roads =min= Construction 8. Each mobile home space shall have off-street parking facilities for two (2) vehicles. Each parking space must be at least nine (9) feet in width and eighteen (18) feet in depth and must be located entirely on the mobile 112 home space. Required off-street parking spaces must be surfaced with at least four (4) inches of compacted crushed stone or an allweather paved surface. F. M en t i f i ca t iDn Si una - . , Numbering To prevent distractions to passing motorists and adjacent property owners, yet permit ease of identification and access for emergency services personnel, identification. directional and street signs within mobile home parks are regulated as follows: 1. There shall be no more than one (1) double-faced sign per park entrance announcing the name of the mobile home park. Such signs shall be limited to sixteen (16) square feet in area and the top of such signs shall be no higher than ten (1(1) feet above ground level. In addition to the name of the mobile home park. such signs shall identify the name of the park owner/manager and his or her phone number. All such signs shall be located on private property and shall be erected so that no part of said signs intrudes into the sight preservation triangle required by Article 9.2 of this Ordinance. Such signs may be illuminated. provided that indirect, nonflashing lighting is used, and provided that each sign is constructed in a manner so as to prevent a direct view of the light source from any public or private street right-of-way or adjoining residential property. 2. Traffic control signs (stop, yield, speed limit, children playing signs) meeting the standards of the Uniform Traffic C9ntrol janua1 shall be placed throughout the mobile home park where necessary. Cul-de-sacs shall have deadend street signs erected at the entrance to such streets. 3. All streets shall be identified by names approved by the Orange County Planning Department. Street signs shall be constructed to Orange County standards and must be installed outside the right-of-way at all intersections. The approved streets and names shall be used to assign mobile home space identification numbers. 4. Each applicant must submit to the Planning Department a mobile home space numbering/location system for the park based on the equal interval house numbering system employed by Orange County. Upon approval of the mobile home park, the applicant must submit an approved copy of the space numbering/location system to the emergency services/fire protection 113 agency responsible for providing such services. 5. Each mobile home space shall have a permanent site number sign. The number shall composed of reflective materials or contrasting colors, shall be at least six (6) inches or greater in height. and shall be affixed to the mobile home at a point six (6) feet or more above ground level. The number shall be affixed to the mobile home when the unit is placed on the space and shall match that number assigned to the space on the approved space numbering/location system plan. G. canunds. And Building 1. The grounds of a mobile home park shall be maintained free of litter, debris and trash. including but , not limited to abandoned appliances, automobiles, building materials or similar materials. 2. Grounds. buildings and storage areas within the mobile home park shall be maintained to prevent the growth of ragweed, poison ivy, poison oak and other noxious weeds. 3. Each mobile home park shall be provided with a clustered mail delivery system which is in compliance with the appropriate postal service guidelines. Consultation must be made with the appropriate agency for provision of this system. Access to the mail delivery facility must be so designed to allow three to four cars to stop at the mail delivery facility without conflict from passing vehicles. 4. All garbage and refuse for individual mobile homes in each park shall be stored in suitable waterproof and rodentproof receptacles which shall be kept covered with tightly fitting lids. A central collection system must be provided within the park either through a private collection system for individual mobile homes or through the use of bulk containers (dumpsters) . Where the latter are used, there must be at least one (1) four (4) cubic yard bulk container for each sixteen (16) mobile homes which shall be emptied weekly. For mobile home parks with less than sixteen (16) homes. one (1) container is required. Bulk containers shall be front-loading wherever practicable. A side-loading container may be allowed where the provision of a front-loading container is not feasible and the property is accessible to a regular route of a side-loading refuse collection vehicle. Where bulk containers are provided. a six (6) inch reinforced concrete pad shall be provided to set the set container and also support the front 114 wheels of the truck during the loading operation. F •�►. The pad shall be ten (10) feet in width and twenty (20) feet in length with at least ten (10) feet of the pad accessible for the truck to drive onto in front of the dumpster container for • front-loading pickup. If side-loading containers are used. the pad may be twelve (12) feet in width and eight (8) feet deep with no projection for the truck wheels. 5. Each applicant shall submit to the Orange County Planning Department tenancy rules and regulations governing the operation of the mobile home park. G. Erosion ,end ,Stormwates Control Requirements In order to control erosion. all disturbed land areas shall be protected by a vegetative ground cover as defined in the Orange County Erosion And Sedimentation Control Ordinance. The mobile home park must be designed and graded in such a manner as to provide for the adequate runoff of stormwater. Storm drains must be provided with sufficient inlets located at points of surface water accumulation to adequately intersect surface flow. All other requirements of the Foil Erosion And Eeslimentation Control prdinance, shall also be applicable. Protected water supply watershed standards may also be applicable. H. Recreation Area And Facilities Adequate and suitable recreation areas shall be provided to meet the anticipated needs of the residents of the mobile home park. The character, shape and location of recreational space shall be suitable for active recreational purposes, taking into account topography, convenient access by residents, drainage. size and proposed improvements. Recreation areas and facilities shall be provided in accordance with the provisions of Articles 5 and 6.12 of this Ordinance. and Section IV-B-7-b of the Orange County Subdivision Regulations. I. EandscaDina And $creenin In order to eliminate visual distractions to passing motorists, reduce levels of noise. dust and glare, preserve the character of existing neighborhoods, mobile home parks shall be screened on all sides of the mobile home park from adjacent highways and from existing, adjoining, conventional residential developments or existing mobile home parks. Consideration shall be given to topography, vegetation. site design and land uses in the evaluation of the extent of required screening. Mobile home spaces must be located at least one 7m hundred (100) feet from any exterior property Y 1 one which is not a street right right-of-way. regardless 1 .(11 of the zoning district. The disturbance of land within the one hundred (100) foot buffer is prohibited. Existing vegetation within the one hundred (100) foot buffer must be retained. Additional plantings may be required upon site inspection to satisfy Class "A" screening requirements along the perimeter of the site. (See Article 12 of this Ordinance. ) If there is no existing vegetation. planting will be required within the one hundred (100) foot buffer to satisfy Class "A" screening requirements. In addition to the requirements above► mobile home spaces must be set back from a public street right-of-way a distance which is consistent with the front yard setback requirement of the zoning district in which the mobile park is located. The disturbance of land and existing vegetation within the setback area is prohibited. Likewise. plantings may be required where no vegetation exists or is of such a sparse nature that an on-site inspection indicates the need for additional plantings. Where required. plantings must meet the standards for a Class "A" screen. If bulk refuse containers (dumpsters) are provided in the mobile home park. such containers must be screened through the installation of a six (6) foot high stockade fence so as to provide a continuous screening barrier. In lieu of a stockade fence. a six (6) foot high evergreen hedge or shrub may be provided to provide the required screen. A hedge of at least three (3) feet in height may be installed initially., provided it will reach six (6) feet within a two-year period. (See Article 12 of this Ordinance for plantings requirements. ) J. DIllitias In every mobile home park, all utility installations shall comply with applicable building and health codes of Orange County and the State of North Carolina, and the requirements of the North Carolina Utilities Commission. 1. An adequate. safe and potable water supply shall be provided for the mobile home park. The source of the water supply shall either be through a municipal or public water system with the mobile home park connecting to the water system, or when such system is not available, the mobile home park must be serviced by a supply approved by the North Carolina Department of Human Resources or the Orange County Health Department as required by law. 116 2. An adequate and safe sewage disposal system ` .i shall be provided in the mobile home park. Collection systems. sewage treatment facilities or individual septic tank systems shall be approved by the North Carolina Division of Environmental Management or the Orange County Health Department as required by law. 3. Street lighting shall be provided throughout the mobile home park with street lights located at each street intersection. where the distance between street intersections exceeds five hundred (500) feet. additional street lights may be required. 4. All utility systems shall be located underground. and easements necessary for water. sewer. gas. electrical. cable TV. stormwater and other utility systems shall be shown on the mobile home park plans. • • 117 b. Article 7. 20 PD-M11P Planned Development Mobile Home Park District Presentation by Marvin Collins. 3 New mobile home parks must be approved as planned DRAFT developments and require the issuance of a special use permit prior to construction. Article 7.20 of the Zoning Ordinance contains design standards applicable to such parks. The standards were adopted March 18, 1986. Since November 3, 1986, the Planning Board Ordinance Review Committee has been working with mobile home park owner/operators in reviewing the design standards. The proposed revisions represent changes to Article 7.20 as applicable to new mobile home parks. Approval of the amendment would allow more flexibility in the design of mobile home parks while addressing public health and safety concerns. The proposed standards provide for: smaller mobile home spaces; foundation enclosures of uniform design; unit access per State Building Code standards; flexible setback standards; street design standards; unit/street numbering as well as traffic control signs; properly maintained grounds; recreation areas; and landscaping limited to buffer standards and dumpster screening. One owner/operator had expressed concern with the sign size advertising mobile home parks - 16 sq. ft. vs. 32 sq. ft. Another concern was the size of the mobile home park. The standards approved last year set a minimum of ten acres and a maximum of twenty-five acres. The North Carolina Manufactured Housing Board has indicated they would not like to see a maximum size set for mobile home parks. The Ordinance Review Committee would like for the Low and Moderate Income Task Force to set the maximum size. Collins indicated the Task Force has not yet addressed this issue. Jacobs made reference to the skirting requirement noting that it was the recommendation of the Ordinance Review Committee that a time limit of 90 days be set for installation and that the skirting be of a solid nature. Commissioner Hartwell inquired whether the reduction of lot size .would have any effect on the recreation space that must be provided. Collins responded that the controlling factor was the underlying zoning which set the density. Commissioner Carey questioned the statement that each time a mobile home is replaced, patios and decks would have to be shifted. Collins explained that this regul- ation would allow the latitude for the shifting of entranceways to accommodate the varying sizes of mobile homes. Sharlene Pilkey inquired about the reason for decreasing the lot size for a mobile home from 10, 000 sq. ft. to 5,000 sq. ft. Collins, responded that the existing 093 ` 4 4 ordinance set a ceiling of four units per acre in a mobile home park. Rather than use the individual lot ' \ ` ' I size to control the density, the decision was to made t' allow the zoning district to control. This wou encourage clustering. Vernon Davis expressed concern that the mobile home park owner with less density would be required to have as much open space as one with higher density. He noted that recreation is determined by people rather than land. Collins responded that this was a concern expressed by mobile home park owners as well. He noted that the recreation facilities must be geared to the needs of the mobile home park residents. PUBLIC HEARING CLOSED 057 4 . ZONING ATLAS AMENDMENTS Z-1-87 W. E. and Ruby Blackwood (R-1 to LC-1) Presentation by Marvin Collins. W. E. and Ruby S. Blackwood are requesting rezoning of a 2 . 0 acre parcel located on the north side of NC 54 opposite its intersection with White Cross Road (5- 1952) . The property is known as Lot 9 of Tax Map 308 f Bingham Township. The property is located within an area designated Agricultural Residential and Rural Community Activity Node in the Orange County Land Use Plan. The present zoning classification of, the property is Agricultural Residential (AR) . The applicant is requesting the lot to be rezoned to Local Commercial 1 (LC-1) . Approval of the request' would allow development of the full range of commercial uses for the LC-1 district at this location. Properties to the south and west are currently zoned NC-2 Neighborhood Commercial, comprising a total of 4. 35 acres of land. Rezoning of the property would allow for the expansion of commercial areas near the intersection of NC 54 and White Cross Road. Planning Staff recommends denial due to the fact that the applicant fails to meet traffic generation criteria for the LC-1 Local Commercial zoning district; specifically, uses that are permitted in the LC-1 district have to have traffic generation of less than 200 vehicles per day from the site. The site was reviewed, and it was estimated there were 350 to 450 trips per day based on the building size indicated in the application. Collins indicated positive -recommendation could be considered, but ti Planning Staff would limit the building area so that no more than 200 trips per day would result from e4 site. 11) G2 a cir • AGENDA ITEM #10: MATTERS HEARD AT PUBLIC HEARING (2-23-87) c. Zoning Ordinance Amendments (1) Article 7.20 - Mobile Home Parks The proposed amendments were presented at public hearing on February 23, 1987. New mobile home parks must be approved as planned . developments and require the issuance of a special use permit prior to construction. Article 7.20 of the Zoning Ordinance contains design standards applicable to such parks. The standards were adopted March 18, 1987. Since November 3, 1986, the Planning Board Ordinance Review Committee has been working with mobile home park owner/operators in reviewing the design standards. The proposed revisions represent changes to Article 7.20 as applicable to new mobile home parks. Approval of the amendments would allow more flexibility in the design of mobile home parks while addressing public health and safety concerns. The proposed standards provide for: smaller mobile home spaces; solid foundation enclosures of uniform design; units access per State Building Code standards; flexible setback standards; street design standards; unit/street numbering as well as traffic control signs; properly maintained grounds; recreation areas; and landscaping limited to buffer standards and dumpster screening. The Planning staff recommends approval of the proposed amendments. KOTION: Pilkey moved approval. Seconded by Best. VOTE: Unanimous. O R A N G E C O U N T Y BOARD OF COMMISSIONERS � � i� ACTION AGENDA ITEM ABSTRACT Meeting Date March 24, 1287 Action ends Item SUBJECT: PROPOSED AMENDMENTS - FLOOD DAMAGE PREVENTION ORDINANCE DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT( S ) : INFORMATION CONTACT: Greg Szymik Proposed Ordinance Amendments Summary of NFIP Criteria 2-23-87 Public Hearing Minutes Draft 3-3-87 Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : To approve amendments to the Flood Damage Prevention Ordinance as recommended below . BACKGROUND : On August 25, 1986, the Federal Emergency Management Agency ( FEMA) published final rules revising National Flood Insurance Program ( NFIP) criteria. The criteria became effective October 1 , 1986 and require, as a condition of continued validity, that communities revise their floodplain management regulations to make them consistent with NFIP criteria within six months of the effective date. Orange County ' s Flood Damage Prevention Ordinance must be revised to bring it into compliance no later than April 1 , 1987 . The proposed revisions provide for : changes in the defini- tion of "mobile homes" ( now "manufactured homes" ) and "start of construction"; flood proofing of mechanical and utility equipment; the use of openings in enclosures beneath a structure' s lowest floor; the use of available flood data; and certification of floor elevations. The Planning Board recommends approval . RECOMMENDATION: Approve proposed amendments. 2-2J-R7 k' BLIC HFAPINC MI?''TTTFS • • 1 3 ki 6 DRAFT Approval of the amendment would allow more flexibility in installation of required plant materials. Street frontages are required to have a canopy comprised of at least one (1) large trey: per lot, with additional landscaping comprised of large and/or small trees. Side/rear yards as well as recreation/open space areas are still required to have one (1) tree per 1, 000 sq. ft. area, but trees may be crouped and large and small trees may be installed. Coupled with reductions in required plant sizes, the new standards result in lower instal- lation costs. Emphasis is given to installation of healthy plants and proper maintenance rather than plants reaching designated heights within specified time periods. Furthermore, areas in which buffers are required or utility/drainage easements provided are excluded from compliance. In answer to a question from Mike Lewis, Collins responded it was never the intent of the ordinance to control landscaping or removal of vegetation beyond the point that ownership of the property was transferred fron developer to owner. Collins continued that the original emphasis was to protect existing vegetation. Steve Yuhasz noted that this would encourage developers to develop wooded land rather than oven land. PUBLIC HEARING CLOSED. MOTION: Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to refer to the Planning Board items 3a, 3b, 4 and 5 for a recommendation to be received at the regular Board meeting on April 6, 1987. VOTE: Unanimous. 079 6. FLOOD DAMAGE PREVENTION ORDINANCE AMENDMENTS (Complete narrative is an attachment to these minutes) Presentation was made by Greg Szymick. On August 25, 1986, the Federal Emergency Management Agency (FEMA) published final rules revising National Flood Insurance Program (NFIP) criteria. The criteria became effective October 1, 1986 and require, as a continued validity, that communities revise their floodplain management regulations to make them consistent with NFIP criteria within six months of the effective date. Orange County' s Flood Damage Prevention Ordinance must be t revised to bring it into compliance no later than April 1, 1987 . u rc i r 7 The proposed revisions provide for: changes in the definitions of "mobile homes" (now "manufactured homes") and "start of construction"; flood proofing of mechanical and utility equip- ment; the use of openings in enclosures below a structure's lowest floor; the use of available flood data; and certification of floor elevations. PUBLIC HEARING CLOSED. Motion was made by Commissioner Hartwell, seconded by Commis- sioner Carey to refer the proposed amendments to the Flood Damage Prevention Ordinance to the Planning Board for their recommendation to the Board of Commissioners on March 24, 1987. VOTE: Unanimous. Adjournment 12 :30 a.m. 1 Y2� SUMMARY OF CHANGES TO - NATIONAL FlOOD INSURANCE PROGRA!n' FLOODPLAIN MANAGEMENT CRITERIA WHICH BECOME EFFECTIVE ON OCTOBER 1, 1986 For 560.3 (c) , (d ), and (e) communities: - [ (c) i.e. , FIA Administrator has provided a notice of final flood elevations for one or more special flood hazard areas on the community 's FIRM and, If appropriate, has designated other special flood hazard areas without base flood elevations on t e community 's FIRM, but has not identified a regulatory floadwa or coastal high hazard area]; -ter- [ (d) i.e. , FIA Administrator has provided a notice of final base flood elevations within Zones Al-30 and/or AE on the community 's FIRM and, if appropriate, has designated AO zones, AH zones, A9^ zones, and A zones on the community's FIRM and has, provided data from which the community shall designate its regulatory floodway]; _ [ (e) i.e. , FIA Administrator has provided a notice of final base flood elevations within Zones Al-30 and/or AE on tr.e community 's FIRM and, if appropriate, has designated AH zones, AO zones, A 99 zones, and A zones on the community 's FIFP1, and has identified on the community 's FIRM coastal high hazard areas by designating Zones V1--30, YE, acid/oa V) ). . . 1. Manufactured Home Revisions . The final rule made :igr3ificant revisions to NFIf criteria that apply to "manufactured homes" _ (previously mobile homes) . If your community permits the placement of "manufactured homes" in special flood hazard areas , make the following changes: (a) Definition of. "manufactured home.* You should replace the definition of "mobile hoinc:" in your ordinance with the definition of "manufactured home" in f59.1 01- the final rule. Note that the definition of l'nranufact.ur=-c-d hoaa" includes "park trailers, travel tral).crs, and other similar vehicles placed on a site for greaaer than 180 consecutive days . You do not have to include this latter provision in your definition if you can dereonstr-ate that there is a State or local law or regulation which would preclude permanent placement of these vehiclea on a site or limit placement to less than 180 days. . (b) Definition of "manufactured home park or subdivision.* You should delete definitions of "existing mobile home park or mobile home subdivision," "expansion to an exist- ing mobile home park or mobile home subdivision," "mobile home park or mobile home subdivision," and "new mobile home park or mobile home subdivision. " You should add the definition of "manufacturer'. home park or subdivision" in the final rule to your ordinance. 1 2. (c) Requirements on placement of. manufactured homes . NFIP criteria no longer allow you to grandfather existing "mobile home parks ." To make this change, replace your current ordinance provisions on placement of mobile homes • in mobile home parks or subdivision and on individually owned lots with the following or its equivalent: All manufactured homes to be placed or substantially improved within Zones A1--30, AH, and NE shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system -in accordance - with the provisions of (cite the manufactured hoe anchoring provisions of your .ordinance) _ (d) Removal of prohibition on the placement -of manufactured homes in floodways. If floodways have been designated in your community, there will be a provision in your ordin- ance that prohibits the placement of manufactured homes in those floodways . You may delete this provision at your option. Manufactured homes to be placed in floodways would have to meet the same standards as conventional housing and other development (e.g . their placement would be prohibited unless it could be demonstrated that there would be no increase in bLse flood elevations in the community) . N/F (e) Removal of the prohibition on the placement of manufactured homes in coastal high hazard areas (zones V, VE, and V1-30) . If V-zones have been designated in your community, there will be a provision in your ordinance which prohibits the placement of manufactured homes in those V-zones . You may delete this provision from your ordinance at your option. Manufactured homes to be placed in V-zones would have to meet the same standards as corercn-- tional housing [e.g. meet the provisions at S60. 3(e) C3) , (4) , (5) and (6) of NFIP criteria) . . '4U 3. 2. Mechanical and Utility Equipment. You gust have a provision in your ordinance that specifically requires mechanical and utility equipment to be elevated above the base flood elevation or designed so as to prevent water from entering or accumulat- ing within the equipment components . (see 56O.3(a) (iv)] . You may meet this requirement by demonstrating that your current ordinance already contains such a provision or by incorporating the following or its equivalent into your ordinance: Electrical, heating, Ventilation, plumbing, and air-conditioning equipment and other ` service facilities shall be designed -and/or located so as to prevent water f- oru entering or accumulating within the components during conditions of flooding . 3 . Definition of Start of Construction. The final rule modifies the definition of "start of construction" to eliminate incon- sistencies in treatment between pile and- column structures and other types of foundations and to incorporate the "manufactured home" revisions . You must replace your definition, "start of construction," with the definition in the final rule. 4 . Use of Openings in Enclosures Below a Structurtrti s Lowest. Floor. The final rule adds a provision which requires that fully enclosed areas below the base flood elevation be designed to allow for the automatic entry and exit of floodwaters to equalize hydrostatic flood forces [see S6 0.3(c) (5)1 . You can comply with this requirement by proiibiting the enclosure of areas below the base flood elevation or by incorporating the following provision or its equivalent into your ordinance For all new construction and sub etntial improve- ments, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostat=ic flood forces on exterior walls by allowing feet- the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be pro- vided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters . 4. 5. Use of Available Flood Data. The final rule revises the requirement at s60 .3(b) (4 ) that communities obtain, review, and reasonably utilize base flood data available from any source to regulate construction in Zone A. If your community has flood hazard areas which are designated as Zone'A or could annex such areas, you must revise your ordinance to include the following or its equivalent: • The ( local administrator) shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, • State, or other source, as criteria for requiring that new .construction, substantial improvements; or other development in 2 one, A [reference provisions of your ordinance which meet S60 .3(c) (2) , (3) , (5) and (6) and (d ) (3)]' . Note that available base flood data include data submitted with subdivision proposals and other proposed developments greater than 50 lots or 5 acres, whichever is less, including manufactured home parks and subdivisions [see S60.3(b) (3) ? . 6 . Elevation Certification. Current NFIP criteria require that communities obtain and maintain on file the elevation of the lowest floor ( including basement) of new and substantially improved structures in all special flood hazard areas. The - final rule removes this requirement in Zone A except in those instances where base flood elevation data from other sources are utilized [e.g. , as provided for in S60 . 3(b) (4) of NFIP criter- ia] . You may modify your ordinance accordingly. Please be aware that substantially lower flood insurance rates are available for individuals that construct to these other available base flood elevations and submit elevation certificates as part of their flood insurance applications . You must continue to obtain lowest floor elevations in all special flood hazard areas other than Zone A. 7. Functionally Dependent Uses - The final rule adds a special provision regarding the issuance of variances for functionally dependent uses. You are not required to make this change and should do so only if your community has navigab3_e waterways and has encountered difficulties in applying NFIP criteria to these uses . To make this change, add the definition of " func- tionally dependent use" in the final rule to the definiti:i)ns sections of your ordinance . Also add the variance provision at §60.6(a) (7 ) of the final -rule to the variance provisions in your ordinance. PROPOSED ORDINANCE AMENDMENT ORDINANCE: Flood Damage Prevention Ordinance REFERENCE: Article 2, Article 4 Section 4.3 & 4.5, Article 5 Section 5 .3 ORIGIN OF AMENDMENT: Staff, Planning Board, BOCC, Public, Other Federal Agency STAFF PRIORITY RECOMMENDATION: _X` High, Middle, Low PUBLIC HEARING DATE: February 23, 1987 PURPOSE OF AMENDMENT: To bring the Flood Damage Prevention Ordinance into compliance with recent revisions to the National Flood Insur- ance Program Floodplain Management Criteria. ISSUES/ IMPACTS: On August 25, 1986, the Federal Emergency Management Agency (FEMA) published a final rule in the Federal Register which revises National Flood Insurance Program ( NFIP) floodplain management criteria. The final rule became effective on October 1 , 1986 . NFIP criteria require, as a condition for continued validity, that communities revise their floodplain management regulations to make them consistent with any revised NFIP regulation within six months of the effec- tive date of that revision. Orange County w ill have to amend its regulation to comply w ith the August 25, 1986 final rule no later than April 1 , 1987 . Topics affected by these revisions include: 1 . Manufactured homes ( formerly mobile homes) - definition changes, restrictions on location within flood prone area changes; 2. flood proofing of mechanical and utility equipment; 3. a change in the definition "start of construction"; 1 14t.; 4. the use of openings in enclosures below a structure' s lowest floor; 5 . the use of available flood data; and 6 . elevation certificates. • EXISTING ORDINANCE PROVISIONS: ARTICLE 2. DEFINITIONS "Mobile Home" is a portable manufactured housing unit designed for transportation on its own chassis and placement on a temporary or semi-permanent foundation having a measurement of over thirty- two feet in length and over eight feet in width. Mobile homes shall also mean a double-wide mobile home which is two or more portable manufactured housing units designed for transportation on their own chassis which connect on site for placement on a tem- porary or semi-permanent foundation if over thirty-two feet in length and over eight feet in width. "Existing mobile home park or mobile home subdivision" means a parcel (or contiguous parcels of land) divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed ( including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of the ordinance. "Expansion of An existing mobile home park or mobile home park subdivision" means the preparation of additional sites by the construction of facilities for servicing the sites on which the mobile homes are to be affixed ( including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets) . "Mobile home space" means a parcel of land occupied or intended to be occupied by one and only one mobile home, and for the exclusive use of the occupants of said mobile home. "New mobile home park or mobile home subdivision" means a lot in single ownership (or contiguous parcels) proposed to be used for the placement of two or more mobile homes for use as dwelling units for which the construction of facilities for servicing the lot on which the mobile home is to be affixed ( including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance. "Start of construction" means the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. Permanent construction does not include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary form; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or II PAGE 2 poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" is the date on which the construction of facilities for servicing the site on which the mobile home Is to be affixed ( including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and utilities) is completed. ARTICLE 4 SECTION 4.3 CONSTRUCTION WITHIN FLOODWAY AND FLOODWAY FR) NGE RESTRICTED (c) No new non-residential structure may be constructed and no substantial improvement of a non-residential structure may take place within any floodway fringe unless the lowest floor ( including basement) of the structure or improvement is elevated above the base flood elevation or floodproofed so that below the base flood level the structure, together with attendant utility and sanitary facilities, is water tight w ith walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic or hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this section are satis- fied and the floodproofing methods used are adequate to w ithstand flood forces associated with the base flood. Such certification shall be provided to the Zoning Officer as set forth in Article 5.3 (g) . ARTICLE 4. SECTION 4.5 MOBILE HOMES (a) On the effective date of this ordinance, no mobile home shall thereafter be placed in a floodway. In an existing mobile home park or existing mobile home subdivision, a mobile home removed may be replaced at the same location. (b ) All mobile homes located in the floodway after the adoption of this ordinance shall be elevated and anchored to resist flotation, collapse, or lateral movement by providing over- the-top or frame ties to ground anchors or other acceptable anchoring techniques. Specific requirements shall be that: ( 1 ) over-the-top ties be provided at each end of the mobile home, with one additional tie per side at an inter- mediate location on mobile homes of less than fifty feet and one additional tie per side for mobile homes of fifty feet or more; (2) frame ties be provided at each corner of the mobile home with four additional ties per side at intermediate PAGE 3 points for mobile homes less than fifty feet long and one additional tie for mobile homes of fifty feet or longer; (3) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and (4) any additions to the mobile home be similarly anchored. Other anchoring techniques specified in the FEMA' s manual , "Manufactured Home Installations in Flood Hazard Areas", published September, 1985, may be utilized in place of the methods specified in subsections 4. 5 (b ) ( 1 ) and (2) . (c) Mobile homes may be permitted in the floodway fringe for new mobile home parks and mobile home subdivisions; for expan- sions to existing mobile home parks and mobile home sub- divisions; for mobile homes not placed in a mobile home park or mobile home subdivision as long as the following require- ments are met: ( 1 ) stands or lots are elevated so that the lowest floor of the mobile home is elevated to or above the base flood elevation ; (2) adequate surface drainage and access for a hauler are provided; and, (3) in the instance of elevation on pilings: ( a) lots are large enough to permit steps; ( b) piling foundations are placed in stable soil no more than 10 feet apart; and (c) reinforcement is provided for pilings more than 6 feet above the ground level . ARTICLE 5 SECTION 5.3 DUTIES AND RESeONSIBILITIES OF THE ZONING OFFLCER ( i ) When base flood elevation data has not been provided in accordance with Article 3, Section 3.2, the Zoning Officer shall use the Orange County Soil Survey and any other data available from a federal , state or other source, in order to administer the provisions of this ordinance. _sf! / PAGE 4 PROPOSED AMENDMENTS: ARTICLE 2. pEFINJTJONS (Add the following definitions alphabetically. ) "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. "Manufactured home park or ubdivjsion" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Start of construction" for other than new construction or substantial improvements under the Coastal Barriers Resources Act (Public Law 97-348) , includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab, or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory build- ings, such as garages or sheds not occupied as dwelling units or not part of the main structure. ARTICLE 4 SECTION 4.3 CONSTRUCTION WITHIN FLOODWAY AND FLOODWAY FRINGE RESTRICTED (c) No new residential structure may be constructed and no substantial improvement of a non-residential structure may take place within any floodway fringe unless the lowest floor ( including basement) of the structure or improvement is elevated above the base flood elevation or fioodproofed so that below the base flood level the structure, together with attendant utility and sanitary facilities, is water tight w ith walls substantially impermeable to the passage of water, w ill prevent water from entering or accumulating during conditions of flooding, and is capable of resisting hydro- static or hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this section are satisfied and that floodproofing methods used are adequate to withstand flood forces associated with the base flood. Such certification 19 -` 'J t; PAGE 5 shall be provided to the Zoning Officer as set forth in Article 5.3 (g) . PARAGRAPH 4.3(c) renumbered 4.3( d) PARAGRAPH 4.3( d) renumbered 4.3(e) NEW PARAGRAPH 4.3(c) For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; the bottom of all openings shall be no higher than one foot above grade; openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. ARTICLE 4 SECTION 4.5 MANUFACTURED HOMES a. On the effective date of this ordinance, no manufactured home shall thereafter be placed in a floodway. In an existing manufactured home park or subdivision, a manufactured home removed may be replaced at the same location. b. All manufactured homes to be placed or substantially improved within Zones A1 -30, AH, and AE shall be elevated on a perma- nent foundation such that the lowest floow of the manufac- tured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the following provisions: ( 1 ) over-the top ties be provided at each end of the manu- factured home, with one additional tie per side at an intermediate location on manufactured homes of less than fifty feet and one additional tie per side for manufac- tured homes of fifty feet or more; (2) frame ties to be provided at each corner of the manufac- tured home with four additional ties per side at inter- mediate points for manufactured homes less than fifty feet long and one additional tie for manufactured homes of fifty feet or longer; (3) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and (4) any additions to the manufactured home be similarly anchored. 1 —_,j PAGE 6 Other anchoring techniques specified in the FEMA' s manual , "Manufactured Home Installations in Flood Hazard Areas" published September, 1985, may be utilized in place of the methods specified in subsections 4.5 ( b) ( 1 ) and (2) . (c) Manufactured homes may be placed in the floodway fringe for manufactured home parks or subdivision and for manufactured homes not placed in a manufactured home park or subdivision as long as the following requirements are met: ( 1 ) stands or lots are elevated so that the lowest floor of the manufactured home is elevated to or above the base flood elevation; (2) adequate surface drainage and access for a hauler are provided; and (3) in the instance of elevation on pilings: (a) lots are large enough to permit steps; ( b) piling foundations are placed in stable soil no more than 10 feet apart; and, (c) reinforcement is provided for pilings more than 6 feet above the ground level . ARTICLE 5 SECTION 5.3 DUTIES AND RESPONSI @ILITIES OF THE ZONING OFFICER ( 1 ) When base flood elevation data has not been provided in accordance with Article 3, Section 3.2, the Zoning Officer shall obtain, review and reasonably, utilize any base flood elevation and floodway data from a federal , state or other source, in order to administer the provisions of this ordinance. ORDINANCE REVIEW COMMITTEE : January 14, 1987 PLANNING BOARD REVIEW: March 3, 1987 BOCC REVIEW: March 24, 1987 ( Scheduled) • i p sal, DE1 [F b. Flood Damage Prevention Ordinance Presentation by Greg Szymik. The proposed amendments were presented at public hearing on February 23, 1987. On August 25, 1986, the Federal Emergency Management Agency (FEMA) published final rules revising National Flood Insurance Program (NFIP) criteria. The criteria became effective October 1, 1986 and require, as a condition of continued validity, that communities revise their floodplain management regulations to make them consistent with NFIP criteria within six months of the effective date. Orange County's Floor Damage Prevention Ordinance must be revised to bring it into compliance no later than April 1, 1987. The proposed revisions provide for: changes in the definitions of "mobile Homes" (now "manufactured homes") and "start of construction"; flood proofing of mechanical and utility equipment; the use of openings in enclosures below a structure's lowest floor; the use of available flood data; and certification of floor elevations. The Planning Staff recommends approval of the proposed amendments. MOTION: Pilkey moved approval. Seconded by Best. VOTE: Unanimous. ' I O R A N G E C O U N T Y BOARD OF COMMISSIONERS i J 1 ACTION AGENDA ITEM ABSTRACT Meeting Date March 24, 1987 Action da SUBJECT: PROPOSED SUBDIVISION REGULATIONS AMENDMENT Item (SECTION IV-B-8 LANDSCAPING AND BUFFER REQUIREMENTS) DEPARTMENT: PLANNING PUBLIC HEARING Yes _ x No ATTACHMENT( S ) : INFORMATION CONTACT: Marvin Collins Proposed Ordinance Amendments 2-23-87 Public Hearing Minutes 3-3-87 Planning Board Minutes County Attorney Recommendations TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To approve proposed amendments to Section IV-B-8 of the Subdivision Regulations as recommended below . BACKGROUND : Section IV-B-8 of the Subdivision Regulations contains standards for the installation of plant materials in building setback areas and on parcels designated for recreation/open space use. The standards were adopted August 4, 1986 . Proposed revisions to Section IV-B-8 were presented at public hearing on February 23, 1987 . The revisions were prepared jointly by the Planning Board Ordinance Review Committee, a developer, a forester and a landscape architect. The proposed revisions represent changes applicable to new subdivisions. Approval of the amendments would allow more flexibility in the installation of required plant materials and would reduce installation costs. The Planning Board recommends approval of the proposed amendments, subject to a text change ( Section IV-B-8-c-1 ) as recommended by the County Attorney . ( See attached changes. ) RECOMMENDATION : Approve proposed amendments per the Planning Board ' s recommendation and the wording for Section IV-B-8-c-1 as provided by the County Attorney in Attachment 1 . ATTACHMENT I • !j CHANGES TO SECTION IV-B-8-c-1 AS RECOMMENDED BY THE COUNTY ATTORNEY Existing Text In unzoned townships, a forty (40 ) foot front yard setback shall be provided adjacent to the street right-of-way for the Installation of new trees. A twenty (20 ) foot setback shall be provided along side and rear property lines for the same purpose. Ptopgset Text For the purpose of calculating the number of trees to be planted in unzoned townships, a forty (40 ) foot front yard setback shall be used, and required trees shall be planted within that setback. A twenty (20 ) foot setback shall be provided along side and rear property lines for the same purpose. PROPOSED ORDINANCE AMENDMENT ORDINANCE: Subdivision Regulations .r & a REFERENCE: IV-B-8-c Landscaping Standards IV-B-8-c-1 Required Landscaping IV-B-8-e Recommended Standards for Installation and Maintenance ORIGIN OF AMENDMENT: _.X_Staff planning Board_X_BOCC Public Other: STAFF PRIORITY RECOMMENDATION:_x_High_Middle`Low Comment: EXPECTED PUBLIC HEARING DATE: February 23. 1987 *********************************************** PURPOSE OF AMENDMENT: To revise Section IV-B-8-c-1 of the Subdivision Regulations and related sections to address concerns regarding the number. location and cost of plants to be installed in new subdivisions. IMPACTS/ISSUES: On December 1. 1986. the Board of Commissioners, acting upon a recommendation of the Planning Board, placed a moratorium on enforcement of Section IV-B-8-c-1 of the Subdivision Regulations, pending further study of the standards. Concerns had been expressed by land owners and developers about the high cost of complying with the regulations. particularly as related to side and rear yard setback areas. Clarification of application of the standards was also desired as related to the location of plant materials within setback areas. EXISTING ORDINANCE PROVISIONS: The existing provisions of Section IV-B-8-c are as follows: IV-B-8-c Landscaping Standayd5 "Where a subdivision is proposed either on land which has been previously cleared. or trees have been approved for removal under one or more of the exceptions listed in Article IV-B-8-b-2 above, new trees shall be planted in accordance with the provisions of this Article. " The existing provisions of Section IV-B-8-c-1 are as follows: IV-B-8-c-1 Required Landscaping As a requirement of subdivision approval, the subdivider shall plant sufficient trees so that there is at least one (1) tree for every thirty-five (35) feet of frontage along both 123 sides of all proposed streets in the subdivision. In addition, there shall be at 1��`1 least one (1) tree for every one thousand (1.000) square feet of land area designed for required recreation or open space area, and side and rear yard setback areas as required by this Ordinance or the Orange County Zoning Ordinance. Approved open play fields. building sites and other similar recreational facilities are exempted from landscaping -requirements. Trees to be planted in required recreation and/or side and rear yard areas shall be spaced thirty-five (35) feet on center. Trees to be planted in required buffers areas shall be installed in accordance with the provisions of Article IV-B-8-c-1 of this Ordinance. " Existing provisions of Section IV-B-8-e are as follows: "At installation, trees should not be less than ten (10) feet in height, and shrubs should not be less than twenty-four (24) inches in height. In any event, plant material required for the purpose of this Article should be of such initial size to reach the required height within two (2) growing seasons after installation. Installation and construction practices should be utilized which preserve and replace existing topsoil. " PROPOSED AMENDMENTS: Revised wording for Section IV-B-8-c is as follows: IV-B-8-c-1 Landscapj.ng Standards "Where a subdivision is proposed either on unforested land or trees have been approved for removal under one of the exceptions listed in Section IV--B-8-b-2 above. new trees shall be planted in accordance with the provisions of this Section. " Revised wording for Section IV-B-8-c--1 is as follows: IV-B-8-c--1 Required Landsgaping "As a requirement of subdivision approval. the subdivider shall plant trees along the frontage of both sides of all existing and proposed streets in the subdivision. In calculating the number of trees required per lot frontage. tree types have been assigned a value in linear feet based on the average mature canopy spread. The values are forty (40) feet for large, deciduous trees and twenty-five (25) feet for small trees. Each lot, including approved recreation/open 124 space areas, must have at least one (1) large tree per street frontage (value of 40 feet) . The number of trees to be planted on the 100 remaining frontage (total frontage less value for one large tree) is determined by dividing the remaining frontage by the value(s) assigned to tree types selected for planting by the subdivider. For example, the number of trees required on a lot having a frontage of 130 feet would be calculated as follows: TOTAL LOT FRONTAGE 130 feet LESS! VALUE/REAUTRED LARGE MEV= AD feet EQUALS: REMAINING LOT FRONTAGE 90 feet Opt'QA /1: ALL SMALL TREES 90 feet divided by 25 feet (value for small tree) = 3.6 or 4 trees. Required number of = 4 small trees + 1 required large tree. Q,R R 12: ALL. LARGE TREES 90 feet divided by 40 feet (value for large tree) = 2.3 or 2 trees. Required number of trees = 3 large trees (1 required + 2 optional) . Option, l,: COMBINATION/LARGE AND $MSLLA TREES 90 feet - 40 feet (1 large tree) _ 55 feet. 55 Feet divided by 25 feet = 2.2 or 2 small trees. Required number of trees = 2 large trees (1 required + 1 optional) + 2 small trees. Upon installation, trees shall be spaced at least fifteen (15) feet apart, but preferably no greater than the spread of the canopy normally achieved by the tree species upon maturity. Street trees shall be planted within the required front yard setback area. Selection and location of trees shall consider existing and future site conditions including, but not limited to, overhead and/or underground utility lines, vehicular access drives, the location and extent of existing vegetation, and soil suitability. Selection of tree types shall be made from the list of acceptable plant mateyitls 'II provided in Appendix C. In addition to street trees, there shall be at least one (1) tree for every one thousand r' (1.000) square feet of land area located in required recreation or open space area. and side and rear yard setback areas as required by this Ordinance or the Orange County Zoning Ordinance. (See sketch below. ) Approved play fields. building sites and other similar recreational facilities are exempted from landscaping requirements. In unzoned townships, a forty (40) foot front yard setback shall be provided adjacent to the street right-of-way for the installation of new trees. A twenty (20) foot setback shall be provided along side and rear property lines for the same purpose. STREET RIGHT-OP-VAT • 111111!11 • r .. 1 40' SIDE SIDE YARD YARD 90' ISO' 2n' • • 144 100' r SIDE TARO AREA . 20' x 90' • 1500 SQ.FT. x 7 SIDE YARDS REAR YARD AREA . 20' x 100' . 2000 SQ.FT. TOTAL-SIDE/REAR YARDS . 5600 Sy.FT. • DIVIDED AY:1 TREE/1000 SQ.FT. • 5.6 OR 6 TREES Trees to be planted within recreation and open space areas, and side and rear yard setback areas shall be installed to reflect the natural growth patterns of materials selected. Tree species shall be spaced in a manner which 126 permits full spread of the canopy upon maturity and shall be selected from the list of acceptable plant materials in Appendix C. •1k. When buffers. as required by Section IV-B-8-d, or . approved utility and drainage easements overlap or cross setback or recreation and open space areas, those areas shall be exempted from computing the number of required plant material to be installed. Existing vegetation may be used to meet the requirements of this Section, provided, however, use of such vegetation will be determined by site inspection by Planning Department personnel. " The proposed amendment to Section IV-B-8-e is as follows: "At installation, trees should not be less than six (6) to eight (8) feet feet in height with a caliper of three-fourth (3/4) to one and one-fourth (1-1/4) inches. Shrubs should not be less than eighteen (18) inches in height after installation. Installation and construction practices should be utilized which preserve and replace existing topsoil. " The above change in tree/shrub size is recommended to reduce the cost for landscaping. Standards for the number of trees to be planted in side and rear yard setbacks and recreation areas have not been reduced to achieve this goal. Flexibility in the location of and number of trees is also permitted. Furthermore, provisions requiring that landscaping reach a certain height within two (2) growing seasons have been removed, since growing rates from plant species to species vary so much. The focus of the provisions should be to encourage healthy plants at installation and proper maintenance. **************************************************************** ORDINANCE REVIEW COMMITTEE: January 20, 1987 PLANNING BOARD REVIEW: BOCC REVIEW: • 127 5 The only other zoning district that could be applied for DRAFT would be NC-2 or Neighborhood Commercial district. The permits ermits 200 to 800 trips per day. The Zoning Ordinance has a limitation of five acres in any rural activity node, and there are already 4. 35 acres zoned for NC-2 purposes leaving only about two-thirds of an acre which could be used for that purpose. Collins continued, noting that if the rezoning request was approved, Planning Staff would be required, through the Zoning Ordinance provisions limit the building size based on the amount of traffic generation proposed. Steve Yuhasz inquired how many of the uses listed for NC- 2 would generate less than 200 trips per day. Collins explained that it would depend on the size of the business. Vernon Davis indicated his desire to speak in favor of the rezoning request because of a need for a hardware store in the area but expressed a need for a turning lane at the intersection of NC 54 and White Cross Road, Randy Danzinger expressed support for the need of such a neighborhood business. County Attorney, Geof Gledhill cautioned the Planning Board and Commissioners not to consider the specific use in a rezoning request unless it is a Special Use Permit application. There is no power in a general rezoning to require on-site improvements. Commissioner Carey inquired about the reduction in building size needed to accommodate the trip generation allowed in the zoning district. Collins responded that the Health Department comments received were based on a building size of 9600 square feet. A reduction of building size by half would be needed. 071 5. SUBDIVISION REGULATIONS AMENDMENTS a. Section IV-B-8 Landscaping and Buffer Requirements Presentation by Marvin Collins. On December 6, 1986, the Board of Commissioners suspended enforcement of Section IV-B-8-c-1 of the Subdivision Regulations, pending further study of standards requiring installation of plant materials in building setback areas and on parcels designated for recreation/open space use. Concern had been expressed by land owners and developers about the high cost of complying with the standards. Clarification of application was also required. The Planning Board Ordinance Review Committee has been working with a developer, forester and landscape arch- itect in reviewing the design standards. The proposed revisions represent changes to Section IV-B-8 as appli- cable to new subdivisions. 19 1 k-- •4, 1. li 6 ,-r Approval of the amendment would allow more flexibility in fl A - installation of required plant materials. Street LOi .1 . * frontages are required to have a canopy comprised of a" least one (1) large tree per lot, with addition, landscaping comprised of large and/or small trees. Side/rear yards as well as recreation/open space areas are still required to have one (1) tree per 1,000 sq. ft. area, but trees may be grouped and large and small trees may be installed. Coupled with reductions in required plant sizes, the new standards result in lower instal- . lation costs. Emphasis is given to installation of healthy plants and maintenance rather than plants reaching designated heights within specified time periods. Furthermore, areas in which buffers are required or utility/drainage easements provided are excluded from compliance. In answer to a question from Mike Lewis, Collins responded it was never the intent of the ordinance to control landscaping or removal of vegetation beyond the point that ownership of the property was transferred from developer to owner. Collins continued that the original emphasis was to protect existing vegetation. Steve Yuhasz noted that this would encourage developer to develop wooded land rather than open land. PUBLIC HEARING CLOSED. • MOTION: Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to refer to the Planning Board items 3a, 3b, 4 and 5 for a recommendation to be received at the regular Board meeting on April 6, 1987. VOTE: Unanimous. 079 6. FLOOD DAMAGE PREVENTION ORDINANCE AMENDMENTS (Complete narrative is an attachment to these minutes) Presentation was made by Greg Szymick. On August 25, 1986, the Federal Emergency Management Agency (FEMA) published final rules revising National Flood Insurance Program (NFIP) criteria. The criteria became effective October 1, 1986 and require, as a continued validity, that communities revise their floodplain management regulations to make them consistent with NFIP criteria within six months of the effective date. Orange County's Flood Damage Prevention Ordinance must be revised to bring it into compliance no later than April 1, 1987. 12 _60 INWA d. Subdivision Regulations (1) Section IV-B-8-c-1 Required Landscaping Presentation by Collins. The proposed amendment was presented at public hearing on February 23, 1987. On December 6, 1986, the Board of Commissioners suspended enforcement of Section IV-B-8--c-1 of the Subdivision Regulations, pending further study of standards requiring installation of plant materials in building setback areas and on parcels designated for recreation/open space use. Concern had been expressed by landowners and developers about the high cost of complying with the standards. Clarification of application was also desired. The Planning Board Ordinance Review Committee has been working with a developer, a landscape architect and the UNC forester in reviewing the design standards. The proposed revisions represent changes to Section IV-B-8 as applicable to new subdivisions. Approval of the amendment would allow more flexibility in installation of required plant materials. Street frontages are required to have a canopy comprised of at least one (1) large tree per lot, with additional landscaping comprised of large and/or small trees. Side/rear yards as well as recreation/open space areas are still required to have one (1) tree per 1,000 square feet of area, but trees may be grouped, and large and small trees may be installed. Coupled with reductions in required tree sizes, the new standards result in lower installation costs. • • f 14.1 ! I. D ° C Dp 11 Emphasis is given to installation of healthy plants and proper maintenance rather than plants reaching designated heights within specified time periods. Furthermore, areas in which buffers are required or utility/drainage easements provided are excluded from compliance. Planning staff recommends approval of the proposed amendment. Jacobs asked if the County Attorney had provided staff with changes in the wording to - avoid giving the impression that zoning setbacks for landscaping were being required in an unzoned township. Collins responded that the County Attorney had suggested to staff some changes to the wording in the proposed text but it was not available at this time. MOTIQ;,*,i; Best moved approval of the proposed amendment. Seconded by Pilkey. VOTE: Unanimous. — J O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date March 24, 1987 Action da Item j� SUBJECT: PROPOSED WATER AND SEWER EXTENSION POLICY - ORANGE COUNTY DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT( S) : INFORMATION CONTACT: Marvin Collins 10-12-82 Draft Extension Policy 5-19-82 Commissioners Minutes 10-25-82 Commissioners Minutes Summary of County Involvement TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : To discuss a draft water and sewer extension policy for Orange County. BACKGROUND : A Board member requested that this item be placed on the agenda for discussion. Attached are the draft policy, minutes of the May 19, 1982 and October 25, 1982 meetings at which the policy was considered, and a summary of Orange County ' s financial involvement in water and sewer extensions. RECOMMENDATION: For information purposes only . I . •.. �l ORANGE COUNTY HILLSBOROUGH NORTH CAROLINA cib(ana yci's glum _sta6Ccsf ad 7752 MEMO ID : Board of County Commissioners FR M: Ken Thompson, County Manager DATE: October 12, 1982 RE: Revised. Water and Sewer Extension Policy At its meeting on May 19, 1982, the Board reviewed a draft water and sewer extension policy prepared by staff. The policy set forth its intended purpose, the information to accompany a request to the County Manager for funding, a number of criteria to be used in selecting projects for funding, a loan/pay- back revolving fund financing arangement, advocated County ownership of major utility extensions and proposed oversizing of utilities to serve additional surrounding development. At the meeting there was discussiRn of the loan/payback scheme and the Board directed staff to send the proposed policy to the Institute of Govern- ment and the County Attorney for reviq Those two par s have now completed their review. In addition staft4f ha done furt ork on thy, ''nd the document has been revised to re��t t iK addition "` ' a� nformation?, c ,, Section I (c)3Ka : ed �A"`n- clea zx..�e#e. ing as well as new commercial and i d `" r" �` ~'"' n - .mjadyan � .'" °•tc.is policy. Section III (d) has been ,d -; 'd r: �`;�'-" =-. i P Alternative. , -= --' .r „`- isseon on Women. �r1 p p?jec s. ale gp y{ x he latest draft as a starting p rs 1 w-... A ti _, �- s�u� �td.on IVA (alterna- tive A) has new ii gt ( ' i '"" ' e �.��;��t�s �t�'C �ig"inn -��� ��;�for water and sewer ext ens ions�� �:.•�`., ,��'Y•"�1" - �;-.,_,� `� , , .. tip. J ! �,,DP€ ; . � s:-±0 =T�c n *.il `;,by the increased tax base and tar e e� '" ---�-�.-�-.�.-� Y....: ��::�i�� �~ t'rmany towns and counties in North �'a=: ;x ,-eet:. Tea; -}ae,; iteria for approv- ing a project is whether the development when completed will return taxes equal- ],ing or exceeding the County's investment in water and sewer lines. The required minimum payback period ranges from three to ten years in the policies reviewed by staff. In the proposed Orange County policy, payback through increased tax revenues is not a criteria for approving a project but is used to limit County funds spent on any one project. Section IVB (alternative B) is the loan/payback funding arrangement con- tained in the policy reviewed on 5/19/82. Wallace Harding has reviewed the policy and advises that Counties cannot be in the business of loaning money. Language has been changed to allow the County to lease to a developer utilities it has constructed with its funds. /dg ibil " discussion draft 4/9/82 discussion draft 5/5/82 • discussion draft 5/7/82 draft 5/11/82-review by EOCC draft 8/ 12/32 Review by BOCC 5/19/82 Revised draft 8/12/8 PROPOSED ORANGE COUNTY Revised draft 10/12/E WATER AND SEWER EXTENSION POLICY SECTION: I: PURPOSE COMMENT: This section sets forth the desirable outcome that could be achieved by the adoption and implementation of this policy. The purpose of this water and sewer extension policy is to achieve the goal of increased economic development in Orange County and specifically to: a) establish a clear and effective strategy for the extension of sewer and water utilities by Orange County; b) assist in attracting desirable development to Orange County; c) promote the expansion of existing industries in Orange County; d) encourage the appropriate type and location of Bevel- - --- opment within the County; e) increase the tax base and tax revenues ; f) promote increased employment opportunities for all Orange County citizens ; g) achieve the goal of increased economic development; h) overcome any serious . public health problems caused by malfunctioning septic systems. Extensions to residential developments are not otherwise envisioned by this policy. SECTION II : REQUEST PROCESS COMMENT: This section sets forth who may be an applicant for funding available under this policy. It lists information required with the application which will be used in Section III. (Selection Criteria) to reach a decision on the application. It outlines additional information to be gathered by the County necessary to determine the need for oversizing of utilities. A request- for funding for water or "sewer utilities under the terms of this policy may be made by any individual , agency, corporation or any municipality within Orange County. All requests shall be made to the County Manager's Office accompanied by the following information: a) name of the individual, agency; corporation or municipality making the request; b) approximate starting and completion date of the project and the approximate date when sewer or water utilities must be available; c) approximate cost of the water or sewer extension required; d) a map showing the general layout of the requested sewer or water extension from existing utilities to the project site; e) signed statement by the applicant that the requested __ water or sewer utilities will be adequate to serve the needs of the proposed project for sanitary purposes , fire protection and process water where necessary. Water or sewer utilities should be adequate to serve not only the initial needs of the project but also any anticipated expansion expected within five years; f) the type of project to be served by the utilities and the approximate number of employees when the project is completed and two years after completion of the project; g) the approximate number and average wage scale of persons employed in the categories of skilled labor, unskilled labor, clerical and management; h) the approximate number of Orange County residents to be employed; i) the cost of real property for the completed project - exclusive of land costs ; j) the cost of personal property for the completed project (equipment, machinery, facilities) ; k) a list of any hazardous or toxic chemicals to be stored or produced when the facility begins operations ; _ 1) gallons per day of anticipated water use when the facility is fully operational. Upon receiving a request for sewer or water utilities under the terms of this policy, the County Manager will gather the following addition information: a) a map and brief report identifying existing and anticipated areas of residential, commercial and industrial development that could be served by the requested sewer or water utilities ; b) approximate additional cost of installing oversized utilities to serve existing or anticipated development in the area of the proposed project; -2- 1 16t c ) signed statement from the municipality, private corporation or sewer and water authority to whose system the requested utilities will be connected stating their willingness to serve the proposed project as well as any other existing or antici- pated development in the area specified by the County. The statement should also attest to their capabilities for meeting all the required needs of utility services to the project including foreseeable expansions as well as other existing and potential development specified by the County in the area of the project . SECTION III : SELECTION CRITERIA COMMENT: This section sets forth the general criteria that will be used in determining the suitability of a proposed project for funding. It shall be the policy of Orange County to fund major water and sewer utilities to a reasonable point along the property line of an approved project , within the limitations of available funds . Major sewer and water extensions are defined as projects outside of existing service areas where pipe sizes greater than eight inches in diameter are extended more than 750 feet beyond existing facilities . In select- ing projects to be funded, the following criteria will be used. Any proposed project must : a) be in conformance with the Orange County Land Use Plan; b) be outside of a protected watershed or where proposed to be within a protected watershed, be able to show the proposed development is compatible with maintaining water quality; c) have the proper zoning at the proposed site ; d) improve job opportunities available to Orange County citizens and especially for women and minorities by (1) having non-discriminatory personnel employ- ment policies ; (2) having affirmative action plans to increase the number of women and minorities in non- traditional jobs ; ( 3) provide child care services for workers . e) provide jobs above the prevailing wage scale in the County; f) not place an inordinate demand on County services such as schools, fire and police protection, sanitation, recreation and water supply; g) provide a significant increase in the County tax base. -3- I,_; ' COMMENT: In the following paragraphs , alternative language is provided to Section iv for possible inclusion in the final document . The first alternative pro- vides that the County would pay outright for the extension of sewer and water to approved projects. The second alternative describes a leasing arrangement . In either case, County expenditures for any single project are limited by the projected tax recovery over a five year period and contingent upon the availability of funds . SECTION IV A: METHOD OF FUNDING APPROVED PROJECTS (alternative A) Sewer and Water Extension Fund Established : It is the policy of Orange County to establish and maintain a fund for the purpose of paying for water and sewer extensions to approved projects . Eligible Project Expenses : The County will fund project engineering studies , easement acquisition, sewer and water lines including pipe and ancillary equipment such as water pumps, sewer pumps, val ves, pump houses, fire, hydrants, water . treatment plants, sewage treatment plants as well as the actual construction of these utilities. Where a project is approved but funding is not immediately available, it will be placed on a priority waiting list based on its approval date. Limits of County Financial Participation : The County' s financial participation for approved projects shall not exceed the estimated increase in ad valorem tax yields from the project in the six years following its completion. This method of calculating the ceiling for County funding of any one project should not be construed as establishing the eligibility of a project for funding. The follow- ing is a sample calculation: EXAMPLE $1,400 ,000 - estimated value of land and building 128,000 - minus land value $1,272,000 - estimated value of buildings . 544$/100 valuation tax rate 6,920 - tax return from project each year 41,518 - participation Payment Policy : For approved projects, the County shall pay for all costs up to the limits stated above at no cost to the de- veloper. SECTION IV B: METHOD OF FUNDING APPROVED PROJECTS (alternatives B) Sewer and Water Extension Fund Established : It is the policy of the County to establish and maintain a fund for the purpose of financing water and sewer extensions to approved projects . Utilities constructed by Orange County will be leased to the development for which they are constructed. -4- Eligible Project Expenses : The County will fund project engi- neering studies, easement acquisition, sewer and water lines including pipe and ancillary equipment such as water pumps , sewer pumps, valves , pump houses, fire hydrants, water treatment plants , sewage treatment plants as well as the actual construction of these utilities. Where a project is approved but funding is not immediately available, it will be placed on a priority waiting list based on its approval date. Limits of County Financial Participation: The County's financial participation in water and sewer utility costs shall not exceed the estimated increase in ad valorem tax yields form the project in the six years following its completion. This method of calculating the ceiling for County funding of any one project should not be construed as establishing the method of repayment to the revolving fund. The following is a sample calculation : EXAMPLE $1,400,000 - estimated value of land and buildings $ 128,000 - minus land value $1,272,000 - estimated value of buildings . 544/100 - valuation tax rate $ 6,920 - tax return from project each year $ 41. 518 - tax return for six years equals maximum County funding Lease Agreement : It shall be the policy of the County to lease water and sewer utilities to the owner of the project for which they are constructed. The terms of the lease shall include the recovery of all County costs plus interest within six years after utilities are turned on. SECTION V: CONDITIONS OF FUNDING COMMENT: This section specifies the County as the owner of all major sewer and water utilities funded under this policy. The County may lease these facilities to the utility system to which they are connected. The County retains control over tap-ons . Tap-ons by existing development along the utility are voluntary and special provisions are made for large acreage tracts . Utilities shall be oversized to accommodate surround- ing development . Where annexation of a development occurs, the municipality annexing is required to pay to the County its remaining equity in the development . User Connections to Project Extensions : It shall be the policy of the County to have title to any sewer and water utilities which it funds. A fee schedule for tap-ons will be developed. Where properties along the County-owned portion of a utility extension wish to tap-on to the utility, an assessment fee shall be charged in addition to a tap-on fee. The assessment fee shall be determined by the Board of County Commissioners and based on acreage and/or front footage served. However, the owner of a large acreage tract or a bona fide farm may select one acre, usually surrounding his or her house, to which the assessment formula will be applied. If later the property is subdivided and those newly created parcels utilize the water and/or sewer system, then the assessment formula will be applied and charged for the remainder of the tract . • _1\.t) It shall be Orange County policy to require that when a County- financied sewer or water extension is connected to a municipality owned and operated sewer or water system, then the municipality shall enter into an agreement with the County providing that in the event the project served is annexed by the municipality, it shall pay to the County any County share of the project not recovered by the development. SECTION VI: OVERSIZING OF UTILITIES It shall be the policy of the County to require that water and sewer utilities will be built to the standards and specifications of the municipality, private association or sewer and water authority to whose system they are connected. Water and sewer utilities ex- tended to a development under this policy shall be of such design and size to serve not only that development but also any existing or anticipated development within the area of the development . The additional capacity to be installed at the time of extension to a development shall be based on good engineering practice and shall be determined by the long-range plans of the utility system to which it is connected in conjunction with assessments of potential growth and service need in the area as determined by Orange County. SECTION VII : REVENUE BONDING If an industry intends to use revenue bonds , it should give notice to intent to apply to the Orange County Industrial Facilities and Pollution Control Authority. • -6- 4. MINUTES 5. MAY 19, 1982 6. 7. The Orange County Board of Commissioners met in a special session 8. scheduled for this time and place and also adjourned from May 18, 1982, to 9. this time and place, on May 19, 1982, at 7:30 P.M. in the Lincoln Center Board 10. Meeting Room, Chapel Hill, North Carolina. 11, Commissioners Present: Chairman Richard E. Whitted, and Commissioners 12. Norman Gustaveson, Shirley E. Marshall, Norman Walker and Don Willhoit. 13. A. CHAPEL HILL-CARRBORO SCHOOLS' BUDGET PRESENTATION 14. Ms. Phyllis Sockwell, Chair of the Chapel Hill-Carrboro Board of Education, 15. welcomed the Board of Commissioners and made some introductory remarks about 16. their budget. She said State and Federal funds were uncertain at this time and 17. that support for the District School Tax was strong. Dr. Pamela Mayer, Super- 18. intendent of the School System, reviewed the budget for the Boards. The schools 19. goals are divided into three divisions: administration, instruction, and support 20. services. Dr. Mayer listed specific goals for each division. She noted that 21, the overall budget represented a 4.3% increase over last year's with capital out- 22. lay requests representing about a 47.7% increase; she added that the current capital 23. needs were not the total capital needs of the school system. 24. Commissioner Whitted thanked the School Board members and Staff for 25. the presentation and said the Public Hearing on the budget was scheduled for 26. June 8, 1982. 27, Following a five minute break, the Board of Commissioners resumed deliber- 28. ations with all members present, with the items postponed from the meeting of 29. the previous evening. 30. 1. Minutes: 31. Commissioner Marshall moved, seconded by Commissioner Willhoit, to approve 32. the Minutes of March 1, 1982, as corrected. Vote: Ayes, 5; noes, 0. 33. Commissioner Willhoit moved, seconded by Commissioner Marshall, to approve 34. the Minutes of March 8 , 1982, as corrected. Vote: Ayes, 5; noes, 0. 35. Commissioner Willhoit moved, seconded by Commissioner Marshall, to approve 36. the Minutes of March 16, 1982, as corrected. Vote: Ayes, 5; noes, 0. 37. 2. Draft Water and Sewer Extension Policy: WNW 38. The Manager told the Board this was a draft statement, that responses 39. 5/19/82 Minutes 1.71 r:. had not been received from either the County Attorney or the Institute of Govern- 1 r 5. ment. Fred Luce, of the Planning Staff, reviewed the draft policy with the Board 6. (the document is on pages of this book). Commissioner Walker disagreed 7. with the revolving fund set up to pay back costs of extension suggesting instead 8. 'a six year payback from ad valorem taxes." Commissioner Gustaveson felt that 9. a more "flexible policy" was needed. Following much discussion, the Chairman 10. suggested that the Board wait for the Attorney's and Institute's comments before 11, making its own suggestions for changes. 12. 3. Requests for Special Public Hearings: The Board, by consensus., set 13. July 8, 1982, at 7:30 P.M. in the Superior Courtroom in Hillsborough as the time 14. and place for a public hearing as requested by Mr. Fred Cates and developers of 15. Midway Airport. 16. 4. Lease Agreement for Child. Support Offices: The Manager presented 17. the Board with a lease agreement for the Child Support Office; he said he hoped 18. to locate the office in County facilities within about six months. Commissioner 19. Gustaveson moved, seconded by Commissioner Walker, to approve the lease agreement 20, as recommended by the Manager. Vote: Ayes, 4-,(Comnissioners Whitted, Gustaveson, 21, Marshall and Walker); noes, 1 (Commissioner Willhoit). 22. Having finished the agenda of the previous evening's meeting, the Board 23, continued with the announced agenda for this meeting. 24. 1. Cane Creek Environmental Statement: Commissioner Willhoit noted 25. several points. he would like to make in the County's response to the Cane Creek 26. Environmental Impact Statement: 1) there are no permitted point source discharges 27, in Cane Creek while there were 132 such discharges in the Haw River; 2) 8% of 28. the flow of the Haw River at the dam is effluent; 3) there is. no urbanization in the Cane 29. Creek watershed, consequently urban runoff is minimal-while the Haw drains a large 30. urbanized area and there is significant urban runoff into it. Commissioner Willhoit 31, said there would be significant difference in the water quality of Jordan. Lake. 32, and the proposed Cane Creek Reservoir. He added that the EIS quoted Burby's study 33, regarding growth around such sites when the study cited actually showed very little 34, impact on recreational growth if such sites were more than 300 yards from the reservoir. 35. CommFissioner Marshall thought that the Socio-Economic impact section of 36. the Staff response to the EIS should address the pattern of growth and development 37. that has followed the up-grading of Highway 54. 2. 10/25/82 Minutes 3. potential reservoir site for the County. Commissioner Gustaveson noted that this j ')w 4• action, if passed, would place the Board's policies in line with the Planning Board's 5• recommendation regarding this site. Several Commissioners, during the discussion 6. which followed, summarized the reasons why this site is considered unsuitable; 7. 1) the majority of the site is actually in Durham County; 2) it's more expensive 8• due to the long distance to Hillsborough and the water would have to be pumped 9• up-hill; 3) the poor quality of water expected; 4) and there are several sites 10. more suitable within Orange County. Commissioner Willhoit noted that the report 11. prepared by Planning Staff in response to the Boards request of August 23, 1982, 12. for research on the feasibility of this reservoir site summarized information 13* that had been presented to the Water Resource Task Force; however, he continued, 14• since the site was not included among those suitable for development, this 15* information was not included in the Task Force Report. Commissioner Willhoit 16. concluded that it was now appropriate for the reservoir site to be excluded. by 17• the Commissioners based on the information (i.e. the report prepared by the staff; 18* on file with this agenda). 19. Ms. Josephine Barbour, a citizen, said there had not been sufficient public 20, input regarding this question. Some Board members disagreed with her, saying 21. it was information that had been "thoroughly discussed." 22• Vote: Ayes, 4 (Commissioners Gustaveson, Marshall, Whitted and Willhoit); 230 noes, 1 (Commissioner Walker). 214.. Commissioner Willhoit asked that Staff prepare an addendum to the Water • 25. Resources Task Force Report citing the reasons the Eno River Reservoir site was 26. excluded as a potential reservoir site for the County. �7• E. BOARD DECISIONS 28. 1. Hud Management Review: The Manager told the Board that the Chapel Hill 29• Housing Authority, through its Chair, Mr. Tom Heffner, had asked for a two week 30• delay before action on this matter; Mr. Thompson said that HUD was agreeable to 31. a thirty day extension of the deadline. Commissioner Marshall suggested that the 32• Board consider this issue at the meeting on November 22, 1982. 33. 2. Water and Sewer Extension Policy: The Manager told the Board this policy had 340 been rewritten under the County Attorney's direction and two alternative methods of 354 financing were presented for the Board's consideration. (A copy of this draft water 36• and sewer extension policy is on file with the agenda attachments for this meeting.) 37. Mr. Thompson continued, saying that the method of financing seemed to be the major 38. point of disagreement; the two options presented are: 1) the tax credit approach; 39• 2) repayment of fund approach. I '7 3. 10-25-82 Minutes 4. Some Board members felt that more flexibility was needed so that the County 5. could negotiate with various companies; others felt that the question was not 6. so much competitivness with other counties as what Orange County could afford to 7. do. Mr. Thompson said in his research among other counties and municipalities, 8• most had a "fund" but it was subject to availability of money for projects. 9. Additional comments by the Board included a desire to see 1) the number of 10. people to be employed; 2) if the industry were clean; 3) higher than average wages; 11. and, 4) the number of Orange County residents to be employed (i.e. those not to 12. be brought in from outside). Commissioner Willhoit suggested that the "beginning 130 point be that the money advanced"for water or sewer lines extension be repaid and 14• the factors mentioned above could sway the County in that regard. i5. The Board asked that the Manager check into the ownership question of the lines 16. once built and to investigate with the water/sewer providers in the County pro- 17. visions they have for extension of lines and tap on fees. 18. This item is to be returned to a later agenda. 19. 7. Proclamation--November 15-21 Children's Book Week: Commissioner Gustaveson 20. moved, seconded by Commissioner Whitted, to proclaim November 15-21, 1982, Children's 21. Book Week in Orange County. (That Proclamation is on page of this book.) 22. Vote: Ayes, 5; noes, 0. 23. 3. Proposed Zoning Text Amendments: Commissioner Gustaveson moved, seconded 24. by Commissioner Marshall, to place the proposed zoning text amendments dealing 25. with Sections 6.16.6.1; 6.16.6.2 and 6.16.12 on the agenda for the Public Hearing 264, on November 22, 1982. Vote: Ayes, 5; noes, 0. 27. 4. Dumont Drive Participatory Paving Petition: Commissioner Gustaveson moved 28. to accept the petition to add Dumont Drive to the Participatory Paving Program; Com- 29• missioner Walker seconded the motion. Vote: Ayes, 5; noes, O. (See pages of 30. this book for a copy of the petition.) 31. 5. Tax Refund Requests: Commissioner Walker moved, seconded by Commissioner 32. Gustaveson, to approve the tax refund requests (see page of this book for names 33. and amount) as recommended by the Tax Supervisor. Vote: Ayes, 5; noes, 0. 34. The Manager announced to the Board that County Tax Supervisor Lloyd had 35. scored the highest of any person in the history of the Institute of Government on 36. the exam for dertification of Tax Supervisors. Mr. Lloyd received a round of applause 37. and congratulations from the Board for his achievement. 38. 39. ORANGE C O U N T Y INTEROFFICE MEMORANDUM TO: Kenneth R. Thompson, County Manager FROM: Ken Chavious, Deputy Finance Director SUBJECT: Orange County Contributions for Water and Sewer DATE: March 19, 1987 The following represents contributions made by Orange County in the area of development of water and sewer facili- ties. 1. In 1967, Orange County issued general obligation bonds in the amount of $650,000. 00. The proceeds from this bond issue were used, in part, to finance construction of a water and sewer system for the Town of Mebane. This system not only serves the Town of Mebane, but also serves an industrial area, benefitting both the Town of Mebane and Orange County. The debt incurred by the County was repaid by Mebane through revenues generated by the water and sewer system. 2. In 1966 County Commissioners discussed the need for additional water sources. Lake Orange was the end result of these discussions. Construction of Lake Orange was authorized on August 7, 1967 at a total cost of $230,347.00. The land for the lake was donated by citizens. It was felt that additional water sources were necessary because of increase demands brought on by growth in County population. 3 . In 1968 residents of the Dogwood Acres Community petitioned the County Commissioners in order to create a sanitary district. The residents of this community along with the state board of health felt that the water and sewer facilities in this com- munity were inadequate and did not meet standards. On May 27, 1968 the Dogwood Acres Sanitary District was created. Eighty thousand dollars in general obligation bonds were issued and the proceeds were used to finance construction and installation of water and sewer lines. The debt was repaid by the citizens of this community by special district taxes. Orange County collected the special dis- trict tax and used it to pay the debt. i ,')0 INTEROFFICE MEMORANDUM: 8703-702 Orange County Contributions for Water and Sewer March 19, 1987 Page 2 4. In 1972 County Commissioners financed construction of water and sewer lines to the Webco Company plant in the amount of $29,159. 00 and to Valley Forge Corporation in the amount of $18,895. 00. This action was taken as an economic or industrial development measure. 5. In 1975 Orange County advanced the Town of Hillsborough $98, 000. 00 to help finance the Town's portion of a wastewater treatment plant. The plant was financed partially from state and federal funds and is the property of the town. The County was reimbursed in annual installments of $9,800.00. The treatment plant was necessary in order to insure proper treatment of wastewater to prevent pollution of the Eno River. Hillsborough was at risk of losing its federal grant if construction did not begin at a given time. The town was not able to produce the entire amount of funds needed for their share in the cost of construction, therefore a loan from the County was requested and approved. 6. In 1980 the County entered into an agreement with the Town of Hillsborough to extend water and sewer lines along Highway 70 to accommodate W. H. Brady Company and Wilmore Electric. The cost to the County was $15, 000. 00. The installation of these lines was to accommodate future industrial development. 7. On November 20, 1984 the Orange County Commissioners adopted a resolution creating the Efland Sewer Project. This project represents Orange County's most recent involvement in the area of water and sewer. The need for this project was created by emergency health conditions brought about by inadequate wastewater treatment facilities at Efland Elementary School and Malfunctioning septic tanks in the Efland Estates subdivision. Discharge of improperly treated wastewater from these sites into McGowan Creek in turn was pollut- ing the Upper Eno River and its reservoirs. The estimated cost of construction of the Efland Sewer Project is now projected to be $1,376, 000. 00. The sources of funding include county, state, federal and a bond issue. INTEROFFICE MEMORANDUM: 8703-702 . '7t: Orange County Contributions for Water and Sewer March 19, 1987 Page 3 The information listed above illustrates some of the past contributions made by Orange County in the development of water and sewer. If you have any questions, please contact me. KC/srs ORANGE COUNTY I 7't BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO.� MEETING DATE March 74, L9A7 SUBJECT: Submission of Small Cities Community Development Block Grant Application/Community Development Block Grant Target Area Selection DEPARTMENT: Housing/Community Dev. PUBLIC HEARING: _YES KNO • •TTACHMENT(S) : INFORMATION CONTACT: Tara Fikes 1) Synopsis of Orange County Housin• PHONE NUMBERS: HILLSBOROUGH - 732-8181 and Community Development Study HILLSBOROUGH - 732-9361 2) Resolution CHAPEL Hill - 967-9251 3) Memorandum to Kenneth R. Thompso MEBANE-- 227-203.1 DURHAM - 688-7331. PURPOSE: To authorize submission of a Small Cities Community Development Block Grant (CDBG) Application for 1987 and selection of a CDBG Target Area for 1987. The Department of Natural Resources and Community Development (NRCD) in February 1987 announced the 1985 application guide- lines and the acceptance of applications for Community Revital- ization projects. The maximum amount an applicant can request is $600,000. The deadline for application is May 19, 1987. NRCD also requires local governments to conduct two public hearings before the application is submitted. In order for the County to apply for a 1987 CDBG all 1982 and 1983 grants must be completed and all funds expended by May 12, 1987. See attach- ed memorandum for details. In order to meet this deadline, the County must decide on the submission of an application and select a target area. County staff have conducted a windshield survey of every township in the County. Based on this survey, eight concentrated areas of housing related needs were identified. These eight areas were prioritized based on the severity of needs and the Rencher Street Area was identified as the most severe. Area deficiencies in- clude poor road conditions, deteriorated housing, outdoor privies and the lack of sewer service. Trash dumping is also visible in the area. Therefore, the magnitude of Community Development problems causes the Rencher Street Area to have precedence over the other seven areas identified. Award of a Community Development Block Grant would resolve the - aforementioned health and safety hazards which presently exist in this Community. Additionally treatment of this area would benefit its low/moderate income residents as well as meeting the CDBG National Objective of preventing or eliminating slums and/or blighting conditions. '7t) RECD ATION(s): 1) Authorized the submission of a Small Cities CDBG ars application to NRCD for the Rencher Street Area. J 2) Adopt Resolution authorizing filing of the CDBG application. C4 RESOLUTMON OF THE ORANGE COUNTY BOARD OF COMMISSIONERS -AUTHORIZING THE FILING . . OF COMMUNITY DEVELOPMENT BLOCK GRANT AP?UCATION. IT IS HEREBY RESOLVED: THAT, the Orange County Board of COmmissioners authorize the filing of Orange County's Fiscal Year 1987 Community Development Block Grant Application, including all understandings and assurances contained within the application. THAT, an application will be submitted to the North Carolina Department of Natural Resources and Community Development on or before May 19, 1987. The amount requested is $600,000. I hereby certify that the above resolution is a true and correct copy of the resolution adopted at a meeting of the Orange County Board of Commissioners on the day of , 19 • i3 Synopsis Orange County Housing and Community Development Study The purpose of this study was to identify the magnitude of community development needs in Orange County and provide a priority listing of potential target areas for the County Community Development Program. The study involved a windshield survey of all the townships in the County. This survey was initially conducted in September 1983 and reviewed in 1985 and 1987. After the last review it was determined that the conditions in the priority areas had remained the same. These target areas are listed below in order of priority. 1) Rencher Street Area 2) Cheeks/Miles 3) Rogers Road 4) Efland B 5) Efland C 6) Efland A 7) Colonial Hills 8) Byrdsville Rencher Street Area - is located in the Hillsborough Township just North of the corporate limits of the Town of Hillsborough on U.S. 86 and east of the Northern Fairview Community. This area contains 24 residences and one commercial building of which four are standard, twenty are deteriorated and one dilapidated. Some units also do not have indoor bathroom facilities. Additionally, a sewer system installation is necessary since many systems in the area are malfunctioning. The area is also being served with inadequate water lines and major road improvements are needed. Cheeks/Miles - is located in the Cheeks Township beginning on Buckhorn Road on the south side of Southern Railway and extending to Hwy 85. There are approximately 43 units in this area - 81% of which need some type of housing assistance. Additionally, trash dumping is a problem in this area. Roger Road Area - is located just north of Chapel Hill off Eubanks Road near the communities of Eubanks and Calvander. The area contains approximately 74 dwelling units - 88% of which need some type of housing assistance. Two roads in the area need to be paved for safer access for residents and emergency vehicles. Efland B - is an area south of U.S. 70 starting on the west side of Gaines Chapel Road and ending at Redman Crossing. This target area contains approximately 43 units with 60% needing some type of housing assistance. The area also needs sewer services and street improvements. Efland C - is an area north of U.S. 70 starting at Tinnin Road and ending at Redman Crossing. There are approximately 63 dwelling units - 54% of which need some housing assistance. The most severe problem here is the unpaved roads which cause excessive dust problems and poor road conditions. 2 :` 8 Efland A - is an area south of U.S. 70 starting at Lloyd's Dairy Road and extending to Gaines Chapel Road. There are approximately 55 units in the area - 58% of the units need some kind of housing assistance. Again there is a lack of sewer service and one portion of Forrest Avenue needs to be paved and extended to Gaines Chapel Road. Colonial Hills - is an area located off U.S. 70 Business on Lawrence Road. There are approximately 221 housing units in this area of which 64 are deteriorated and suitable for rehabilitation. The roads are paved and no improvements are necesary. Byrdsville - is a trailer park located on Old N.C. 10 with approximately 78 units of which 30 are deteriorated. Water is provided in this area but there is no sewer system and the private paved roads are in need of repair. Therefore, clearly the Rencher Street Area is the leading candidate for a potential community development target area since it contains a higher magnitude of community development needs than the other seven areas. The use of primitive bathroom facilities and malfunctioning septic systems is a hazard to the health and safety of the residents. N ow ORANGE COUNTY HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT 300 WEST TRYON STREET HILLSBOROUGH. NORTH CAROLINA 27278 PHONE: (919) 732-8181 EXT 425 CHAPEL HILL 967.9251: DURHAM 688-7331 MEBANE 227-2031 TD: Kenneth R. Thompson, County Manager FROM: Tara L. Fikes, Housing Services Director DATE: March 20, 1987 SECT: Application Requirements/Community Development Activities In order for the County to apply for a 1987 Block Grant all 1982 and 1983 open grants must be d and d Development expended by 12:00 noon on May 12, 1987. lice f failing alt funds this Any applicants failing to meet requirement will not be considered for funding. Therefore Northern Fairview and Councilvilie Therefore,completed the by May 12, 1987. The following project activities must be canapleted projects. �"'rn9 outlines the remaining activities in both Northern Fairview In this project, activities remaining include acquisition and clearance of two dilapidated structures and construction of the Fairview amity per. The acquisition and clearance activities this time. Construction of the park was due to are well at the completion date is May 7, 1987 allowing 60�rn an March st uct and However, the contractor has not started for construction. weather. Therefore if he primarily due to the recent caret work at •�■ begins Mo y,March 23, 1987 he will have to work is be' speed to be finished by May 7, 1987. Constant rng placed_on the saantractnr to.begin work as.goon as passible. Conncilville All activities proposed in the grant application have however, approximately $40,000 in excess been expended.completed will expend these funds funds remain to be expended. � the area by treating other Community Development needs in prior to the May 12, 1987 deadline. The staff is working hard to identify and treat these needs. If you need additional intonation, please contact me. In EOUAI ROUSING OPPORTUNITY ORANGE COUNTY BOARD OF COMMISSIONERS Action Agdias Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: MARCH 24, 1987 SUBJECT: REAL ESTATE TRANSFER TAX--PUBLIC HEARING DATE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 SENATE BILL- _ TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To establish a date to conduct a hearing on the tax. BACKGROUND: A real estate transfer tax is one of several revenue options under consideration by counties and towns to fund capital projects whose need has been brought about by the impacts of rapid growth. Dare, Camden, Chowan and Carrituck implemented the tax in former years. Two others (Perquimans and Pasquotank) have announced thus far their intent to seek enabling legislation in the 1987 session of the General Assembly. Separate from this thrust the Local Government Finance Committee has recommended a bill to make the tax available to all counties in the State effective for fiscal year 1987-88. The tax is an excise tax on instruments conveying certain interests in real property. Where levied it has been imposed as an amount not to exceed one dollar on each one hundred dollars or fraction thereof of the total consideration or value of the interest conveyed. What it would mean in revenue to Orange County would depend on the extent that property value is conveyed in a given year. Data, based on past transfers together with possible distri- bution approaches with the towns of Orange County, will be compiled should the Board decide to conduct a hearing on the matter. Ratified bills for Dare and Camden counties are attached for information. RECOMMENDATION(S) : As the Board decides. 18,1 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1985 RATIFIED BILL CHAPTER 525 SENATE RILL 716 AM ACT TO PERMIT MUNICIPALITIES BORDERING ON THE ATLANTIC OCEAN TO REGULATE SEWER TIE-OHS WITHIN THEIR CORPORATE LIMITS, AND TO AUTHORIZE DACE , COUNTY TO LEVY AN EXCISE TAX ON INSTRUMENTS CONVEYING REAL PROPERTY IN DARE COUNTY. The General Assembly of North Carolina enacts: Section 1. Chapter 160A of the General Statutes is amended by adding a new section to read: "• 160A-196. sewage ons. --Cities • part) are adjacent to, adjoining, that (in whole or in the Atlantic Ocean � and Pamlico may by or bounded by the tie-ons to sewage systems within their corporate alimitsg„late Sec. 2. Tax.. (a) Authorization, of Commissioners may,' The Dare County Board instruments conveying certain interests inpreap excise rt tax on County. . The tax imposed may not exceed one dollar Dare each one hundred dollars on total consideration or value of1 the�interestaconve conveyed, inc including, the in the case of a sale, the value of any lien yor�encuabranc remaining on the property at the time of sale. . This tax ranee addition to `ax levied by Article BE of Chapter 105 of the General Statutes. The value of a lease subject to this tax -shall be computed on the basis of the present value of the fixed lease payments and, if the lease on the lessee's receipts, based in lessee's part receipts. . seep s (b) Scope. A tax levied under this section applies to all instruments conveying an interest in real pro ert County except an instrument: P Y in Dare ( 1) Conveying an interest in real United states, the State, orrOParty from t the subdivision of the State; political (2) Recording a lease for a term of 10 years or less, unless: a• The lease gives the lessee an option to renew the lease for a period that, when added to the term of the lease, exceeds the 10-year . limitation; or b. . The lease is for substantially the same property and is between the same . lease previously recorded , and theatermsofsthe new lease, when added to that of the previous lease, exceeds the 10-year C. The lease requires or permits rthelproperty to be transferred to the lessee for less than the fair market value of the property ; (3) Securing indebtedness; or (4) Recording a transfer in which no consideration was paid or is due the transferor by the transferee. • Ill addition , interest In in rel this tax doer not apply to conveyances of an intestacy. property by operation of law, by will, or by (c) Collection. A tax levied under this section is payable by the transferor of the interest to the Dare Collector. This tax must be paid at the tax collector's office Tax off h before the instrument conveying the interest is recorded. . tax collector shall stamp or otherwise mark each instrument The subject to the tax to indicate that the tax has been paid. Dare County Register of Deeds may not accept for record Tae an instrument subject to a tax levied under this. section unless atx°n instrument bears the tax collector's mark indicating the has been paid. . 9 t! a rat tth he tax (d) Appeal. A person who is liable for a tax levied under this section who disputes tes and tax stated by p the amount of tax due shall payment stated the by the the collector to be due, but may pay filing Transfer Tax Appeals y appeal the 9 a vritten notice of appeal with the tax ollectorawithin •30 days after paying the tax appeal, the tax collector shall uforwardca�co of a nonce of appeal to the chairman of the Land Transfer Tax Appeals the Board. of notice of appeal shall state the reason for thePappealoadd. e amount of tax the appellant contends is due. appeal and the determineTaepeaandofTransser Tax A , a [ p_als Uaard . is established to shall consist of seven members, two of ewhom�xshallkbeq. the Dare County Board of Commissioners , The Board shall whom appointed by appointed by the governing body of Kill Devil Hills, one e of be shall be appointed by the governing body of Kitty 11 � ne of whof whom shall be appointed by the governing body of Hawk, one of whom shall be appointed by the governing body Y Hall the one and of one of whom shall be appointed by the g y of Nags [lead, and Shores. The county commissioners shall gdesignatebadp�, h a Southern the Board from the membership of the Board. expenses he of Board are an administrative expense and shall The paid mf the proceeds of the tax. Paid from the Members of the Board shall serve staggered four- terms, with the term of one of the members appointed of commissioners four-year and the terms of the members appointed the y the governing bodies of Nag, [lead and Southern shores dg on b 30 of one four- Y the members ending on June 3geofodtl,e��t�lo�tr- ear ending on June the terms of the remaining second year following the y period ending the three members ended. Hembersyshall�rserve the terms th j of cc are serve until their successors uthoaipoin ed . mAmbeacancy shall be ho created Ube vacancy, by the appointing The Land Transfer Tax Appeals_ call of the chairman and shall meet softenaas shall meet appeals. All appeals at the aiteaq . days o ppeals to the Hoard shall to heard by to hear appeal. Y f the date the tax collector receives Y a the Board of The board shall issue a wr j_t to n decision within o20 d ys after hearing an appeal and shalt ron�i a co , the appellant decision days and to the tax cnl Ir copy th the si to that an appellant rt nr. .i f the decision states tha,tl iappe1 ant paid more tax tha,, vas due , the r Y refund to the appellant thntriX,...cnll. - -- r overpayment. . The appellant and the tax collector may appeal the . decision of the Board in an action brought in the superior court of the county. . An appeal to the superior court shall be heard As. novo. (e) Use and Distribution of Tax Revenue. .. For the first 12 fiscal years in which a tax levied under this section is in effect, all proceeds of the tax shall be retained by the county and shall: be placed in a special Capital Reserve Fund in the general fund of the county. . Revenue in this Fund may be used by the county only for capital expenditures for the following: courts, jails and ' detention facilities, emergency medical services, libraries, recreation, education, administration, water, sewage, health, and social services. . Beginning with the 13th fiscal year in which a tax levied under this section is in effect, the county shall distribute one-third (1/3) of the net proceeds of the tax on a quarterly basis to the Towns of Nags Head, Kill Devil Hills, Kitty Hawk , Southern Shores, and fanteo in Dare County in proportion to the amount of ad valorem taxes levied. by each town for the preceding fiscal year. Revenue distributed to a town may be used only for capital expenditures. The remaining two-thirds (2/3) of the net proceeds shall be retained by the county and placed in the special Capital Reserve Fund established under this subsection , to be used only for the purposes listed above. As used in this subsection, "net proceeds" means gross proceeds less the cost to the county of administering and collecting the tax. (f) Penalties. - A person who knowingly fails to pay a tax levied under this section, who knowingly aids another to fail to pay a tax levied under this section , or who, to avoid paying part or all of the tax due under this section, knowingly misstates the total consideration for an interest conveyed is guilty of a misdemeanor and is punishable by imprisonment for up to two years and a fine of not less than one hundred dollars ($ 100. 00) nor more than one thousand dollars ($1 ,000) . (g) Taxes Recoverable by Action. . If a transferor fails to pay a tax imposed by this section within 1:0 days . of the tax collector' s demand that he pay the tax, the tax may be recovered by Dare County in an action brought in the superior court of the county. In an action to recover a tax imposed under this section, costs of court shall include a fee to the county of twenty-five dollars ($25. 00) for the expense of collection. (h) Effective Date; Application. A tax levied under this section shall become effective on the first day of a month, as ' designated in the resolution levying the tax, and may not become effective for at least 30 days after the adoption of the resolution. A tax levied under this section applies to instruments that are executed on or after the effective date of the levy, except instruments executed on or after that date that convey an interest in real property pursuant to a recorded written contract made before the effective date. (i) Repeal. . A tax levied by this section may be repealed by a resolution adopted by the Dare County Poard of Commissioners. Repeal of a tax levied under this section shall become effective on the first day of a month and shall apply to . • repeal. Repeal of a tax levied under this section does not affect a liability for this tax that attached before the effective date of the repeal. Sec. 3. Notwithstanding sub section •(d) of Section 2 of s this act, the initial term of one of the members to the Land : Transfer lax- Appeals Board appointed by Dare County Board of Commissioners and the initial terms of the members appointed by the governing bodies of Nags (lead and Southern Shores shall end on June 30 of the second year after their term begins. " Sec. U. This act is effective upon ratification. In the General Assembly read three times and ratified, this the 1st day of July, 1985. ROBERT B. JORDAN III Robert S. . Jordan III r.. President of the Senate t% • • LISTON B. RAMSEY Liston 8. . Ramsey • Speaker of the House of Representatives • 1 • • SAL ASSEMBLY OF NORTH CAROLINA 198'5 SESSION (REGULAR SESSION, 1986) RATIFIED BILL CHAPTER 954 HOUSE BILL 1548 AN ACT TO AUTHORIZE CAMDEN COUNTY TO LEVY AN EXCISE TAX ON -- INSTRUMENTS O NVEYING REAL PROPERTY IN CAMDEN COUNTY. The General Assembly of North Carolina enacts: Section 1 . . Tax. . (a) Authorization. . .. Board of Commissioners may, by resolution, levy The excise tax instruments conveying certain interests in real rn excise erx on Camden County, including instruments that convey real terestty in mobile home that, at the time of the conveyance is taxed eas real property. _ The tax imposed may not exceed one dollar each one hundred dollars ($�1• p0) on consideration or value of the interest or conveyed, thereof of the value of any lien or encumbrance remaining on the rncerting the time of sale. . This tax is in addition to the tax levied the Article BE of Chapter 105 of the General Statutes. _ d by instruments convcopeg an tax elesilevied innder this act applies insnry nts nn real y to del except instrument: property in Camden (1) Conveying an interest in real United States, the State pr°Perry from the subdivision of the State; °= a political (2) Securing indebtedness; or (3) Recording a transfer in which no consideration was paid or is due the transferor by the transferee. . In addition, this tax does not a of an interest in real property by operation pply w, cbyvewill,, by intestacy, by merger, or by consolidation. of law, by Will, by (C) Collection. _ A tax levied under this act is payable _ Collect transferor hallthe interest to the Camden County at the tax collector's office before ethe�intrumentaconveying Tax interest is recorded. . paid mark each instrument subject atoc the etax rtohindicate that otherwise has been paid. _ The Camden indicate that the tax x accept for recordation an instrumenttysubjecttetoof tax may levied under this act unless the instrument bears the tax collector's r mark indicating that the tax has been paid. . under (d) Use of tax revenue. _ this act shall be placed in a specialoCapitalfReserveleFund ed is the general fund of Camden County. . Revenue in be used by the county only for capital expenditures. this Fund may. (e) Penalties. . A person who knowingly fails to tax levied under this act, who knowingly pay a pay a tax levied under this act, g y aids another to fail to ( . all of the tax due under this act knowingly who, to avoid consideration for an interest conveyed is paying part total misstates ty of the taro r and is punishable by imprisonment for up toutwoy of a misdemeanor of not less than one hundred dollars years and a fine .. __.w..tbousand--doljars`(S1 000) . T- 100. 00) nor more than one MEM (f) Taxes recoverable by action. _ u`' to pay a tax imposed by this act within 30 days anofer the f fails collector' s demand that he pay the tax, the tax may be recovered by Camden County in an action brought in the district court of the county. In an action to recover a tax imposed under this act, costs of court shall include a fee to the county of twenty- five dollars ($25. 00) for the expense of collection. _ The court may award attorney 's fees to the county. . (g) Effective date; application. A tax levied under this act shall become effective on the first day of a month, as designated in the resolution levying the tax, and may not become effective for at least 30 days after the adoption of the resolution. A tax levied under this act applies to instruments that are recorded on or after the effective date of the levy, except instruments recorded on or after that date that convey an interest in real property pursuant to a written contract made before the effective date. . (h) Repeal. . A tax levied under this act may be repealed by a resolution adopted by the Camden County Board of Commissioners. Repeal of a tax levied under this act shall become effective on the first day of a month, as designated in the resolution repealing the tax, and shall apply to instruments recorded on or after the effective date of the repeal. Repeal of a tax levied under this act does not affect a liability for the repealed tax that attached before the effective date of the repeal. Sec. 2. , This act is effective upon ratification. . In the General Assembly read three times and ratified, this the 9th day of July, 1986. . ROBERT B. JORDAN 111 Robert B. Jordan III '-" President of the Senate L.ISTQN B. RAMSEY Liston H. Ramsey Speaker of the House of Representatives 2 House Bill 1548 - BOARD OF C0ftMISSIONERS ACTION AGENDA - ACTION AGENDA ITEM ABSTRACT ITEM HO.(45 MEETING DATE March 24, 1987 • SUBJECT: Senate Bill 2 Resolution 1.9t ' DEPARTMENT: County Manager I PUBLIC HEARING: YES _ __NO ATTACHMENT(S): INFORMATION CONTACT: Manager's Office 1. Resolution for Efland Sewer Project. Ext. 501 PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 • DURHAM - 688-7331 PURPOSE: To approve a resolution allocating Senate Bill 2 sewer funds to the Efland Sewer Project. • While Senate Bill 2 funds have been budgeted for the Efland Sewer Project, a resolution formally allocating a portion of the County's available Senate Bill 2 funds has not been adopted by the Board. This resolution is now needed by the State Office of Budget and Management to assist the County in getting these funds encumbered by the State for the County's use. • IMPACT: The resolution calls for local matching funds totaling $203,850. The County's portion of this match has already been budgeted in the appropriate capital project ordinance. RECOMMENDATION(S) : Adopt the resolution and authorize the Chair to sign. • 19i RESOLUTION WHEREAS, Orange County is eligible to receive $242,450 projects; and Senate Bill 2 funds over a two year period for sewer p j WHEREAS, the Orange County Board of Commissioners committed to construct a sewer collection system in the Efland-Cheeks area of the County by a resolution adopted on November 20, 1984; and WHEREAS, it has been the intent of the Orange County Board of Commissioners to finance a portion of this sewer collection system with Senate Bill 2 sewer funds since these funds became available; and WHEREAS, it was the intent of the Orange County Board of Commissioners to adopt a resolution allocating Senate Bill 2-funds to this project by December 31, 1986 but was not able to do so due to the lack of bids pertaining to the project; and WHEREAS, an amended project ordinance for this sewer collection system was 1987 adopted by the Orange County Board of Commissioners on February 2, appropriating $203,850 in Senate Bill 2 funds for this project. NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that in the interests of the health of the citizens and for the good of the environment of the County, the Board does hereby formally allocate... Senate Bill 2 sewer funds in the amount of $203,850 to the Efland Sewer Project; ,: and BE IT FURTHER RESOLVED that the Orange County Board of Commissioners . hereby requests that the State of-North Carolina encumber County;umber $203,$50 of Senate Bill 2 sewer funds for the use of Orang e BE IT FURTHER RESOLVED by the Orange County Board of Commissioners that the Board understands that Senate Bill 2 funds must be matched equally with local funds for the project indicated. Adopted this 24th day of March, 1987. Shirley E. Marshall, Chair Orange County Board of Commissioners Attest: Beverly Blythe, Clerk Orange County Board of Commissioners immmor �-. CERTIFICATION OF RESOLUTION I Hereby certify that the attached resolution is a true and correct copy of the resolution adopted at a meeting of the Orange County Board of Commissioners on the 20th day of November, 1984. WITNESS my hand and seal of said County this the 14th day of October, 1985• d‘ - _ -fir' Beverly A. he, Clerk Orange County Board of Commissioners S E A L■ 9e, Orange County Board of Commissioners RMOLVi'ION WHEREAS the Efland-Cheeks Elementary School, one of the. schools in the Orange County School System, has experienced and continues to experience serious problems with its wastewater treatment facilities in that those facilities have failed in the past and now, although functioning, are not doing so properly; and WHEREAS the improperly functioning wastewater treatment facilities are discharging incompletely treated sewage into i1]cGowan Creek, a stream that is part of the Upper Eno watershed with a II -A nutrient sensitive classification by the State; and WHEREAS incompletely or poorly treated sewage is also entering McGowan Creek and other streams that are part of the Upper Eno watershed as the result of malfunctioning or non-functioning septic tanks in the Efiand Estates Subdivision and other areas in the watershed; and WHEREAS the cause of the improperly functioning wastewater systems is the pervasiveness of soil types in this region of Orange County which do not provide a geologically suitable medium for subsurface wastewater treatment systems; and • WHEREAS the Upper Eno watershed provides the raw water supply for Corporation Lake, the source of raw water for the Orange-Alamanee water system and for Lake Den • . ... • 1 9,1 - Johnson, the source of raw water for the Hillsborough town water system which in turn is a source of treated water for the Orange Water and Sewer Authority, in times of drought; and WHEREAS all of the above has created and continues to create a health hazard that affects a substantial number of the people of Orange County; and WHEREAS on September 13, 1984 the Board of Commissioners, recognizing the risk to the health, safety and welfare of the people of Orange County affected by the conditions stated above, found that an emergency existed which ►•.ar•ranted the issuance by Orange County of net debt reduction, general obligation bonds in connection with and for the purpose of repaying it $200,000.00 loan from the Farmers Home Administration which loan has been approved in principle by FNMA along with a grant to Orange County in the amount of $589,306.00 for the construction by Orange County of a sewer collection and treatment system to serve the area of Orange County identified as the principal source of the risk to the health, safety and welfare of the people of the County; and WHEREAS the Board of commissioners now has agreed on the conditions under which the sewer collection and distribution system will be constructed. -2- • IT IS RESOLVED THAT: 1. Orange County will construct a sewer collection and treatment system [Hereinafter called the System] to serve existing dwellings •and businesses within • Phase 1 of the. Project Engineer' s Preliminary Report, 5th Edition dated April 5, 1984, last revised August 7 , 1984. [Hereinafter called Phase I of the Project Area) 2. Orange County will appropriate $136,000 to the Orange County Utility Enterprise Fund. The principal plus interest at the interest rate charged on delinquent ad valorem taxes shall be repaid from that fund to the Orange County General Fund by the assessment of tap fees of $600 per residential equivalent connection. 3. Each person, firm or corporation connecting to the system, other than those initially connected from among those intially applying for connection, shall pay a $600 per residential equivalent tap fee to the Enterprise Fund. - 4. Those persons , firms or corporations initially connecting, from those initially applying for connection, shall be exempt from the $600 tap fee. The Board shall establish by Resolution deadlines for initial application and initial connection. -3- • S. The Enterprise Fund shall be perpetual in duration. Once the $ 136 ,000 plus interest appropriated by Orange County is repaid, the Fund shall be used as deemed appropriate by the Board for further utility needs. 6. A tap fee of $10,000 shall be paid to the Town of Hillsborough by Orange County for the connection of the first 212 existing dwellings and businesses within Phase I of the Project Area. This $10,000 tap fee shall be an appropriation by Orange County to the System and shall not be recouped through user fees or otherwise by Orange County. Those persons, firms or corporations connecting to the system after the first 212 connections shall pay tap fees to Orange County and the Town of Hillsborough in a amount established by policies and procedures of the County and the Town of Hillsborough from time to time. 7.• A tap fee of $5,000 shall be paid to the Town of Hillsborough by Orange County for the connection of the Efland Cheeks Elementary School to the system. This appropriation shall not be recouped through user fees or otherwise by Orange County. 8. The System will be undertaken and funded by Orange County only if at least 179 persons, firms -4- . ;.‘,4 / or corporations located in Phase I of the Project . Area apply for connection to and sewer service for existing dwellings and businesses during the initial application period. 9. The operating expense portion of the System budget shall be prepared on the basis of 233 initial connections. 10. User rates shall be as established on the attached rate schedule and may be revised from time to time as determined by the Board. 11. Orange County will appropriate annually to the operating revenues of the System operating budget the difference between annual expenditures and revenues received from user fees, investment and other income of the System. AND WHEREAS the System Engineer has identified 14 parcels of land improved with dwellings or businesses which are not located within Phase I of the Project Area but which are located adjacent to it and on Southern Avenue; and WHEREAS it may be feasible to connect these parcels to the System within the System budget. IT IS TI EREFORF. FURTHER RESOLVED TILT: Provided the bid for the System, including construction • of the portion of the System necessary to serve these 14 parcels, which is accepted by Orange County is within • • the System budget, the 14 parcels shall be added to and considered to be part of Phase I of the Project Are.a in all respects except as follows: Priority shall be given to persons , firms or corporations located within Phase I of the Project Area • without inclusion of the 14 parcels located adjacent to it with respect to tap fees paid to the Town of Hillsborough. If there are 212 applicants for connection to the System within Phase I of the Project Area without inclusion of the 14 parcels adjacent to it which apply during the initial application period, each applicant from among the 14 parcels shall pay tap fees to the County and the Town of Hillsborough as determined by policies of the County and the Town. Applications for connection from among the persons, firms or corporations owning the 14 parcels shall be treated on a first-made basis with respect to tap fees to the County and the Town of Hillsborough in the event there are more than 198 but less than 212 applicants for connection during the initial application period from within Phase I of the Project Area without inclusion of the 14 adjacent parcels. This the ap L day of !1(vlrr sr, 1984. -6- • I, Gordon Baker, Finance Director of the County of Orange, North Carolina, DO HEREBY CERTIFY: 1. During the fiscal year beginning July 1, 1985 and ended June 30, 1986 the following indebtedness of said County was paid: Designation Date of Bonds of Bonds Date Paid Amount Paid December 1, 1968 School Building Bonds June 1, 1986 $150, 000 June 1, 1967 Various Bonds June 1, 1986 35, 000 December 1, 1977 School Building Bonds June 1, 1986 200, 000 June 1, 1957 School Building Bonds, June 1, 1986 35, 000 Series A December 1, 1961 School Building Bonds June 1, 1986 45, 000 June 1, 1957 School Building Bonds, June 1, 1986 20, 000 Series B TOTAL: $485, 000 2. During said fiscal year ended June 30, 1986, the County of Orange did not create any bonded indebtedness. 3 . During the present fiscal year beginning July 1, 1986, and up to the date of this certificate, the County of Orange did not create any indebtedness or incur any obligation for which the County does not have unencumbered funds which are available for the payment thereof and did not assume any debt. 4. No proceedings have been taken during the present fiscal year for the authorization or issuance of bonds or notes of said County except the proceedings in relation to the issuance of $200, 000 Sanitary Sewer Bond Anticipation Notes, dated June 29, 1987. WITNESS my hand, this 012S6 day of June, 1987. -�. Finance Director CERTIFICATE AS TO ARBITRAGE We, Shirley Marshall and Gordon Baker, Chairman of the Board of Commissioners for the County of Orange, North Carolina (the "County") and Finance Director for said County, being duly charged with others with responsibility for issuing the $200,000 Sanitary Sewer Bond Anticipation Notes of the County, dated June 29, 1987 and maturing on December 16, 1987 (the "notes") , to be delivered this day, DO HEREBY CERTIFY pursuant to sections 1.103-13, 1.103-14 and 1.103-15 of the Treasury Regulations and under Section 148 of the Internal Revenue Code of 1986, as amended (the "Code") , as follows: 1. All of the proceeds of the notes will be used for the purpose of providing funds for paying (a) a portion of the cost of constructing a portion of a sanitary sewer system for said County, including the construction of sewage collector, interceptor and force mains and lines, sewage pumping facilities and appurtenant facilities, the construction of a sewage main to transport sewage to the sanitary sewer system of the Town of Hillsborough for treatment and the acquisition of any necessary land, rights of way and equipment therefor (the "Project") and (b) certain legal, accounting and financing expenses incurred in connection with the issuance of the notes (the "Issuance Expenses") . 2. The estimated total cost of the Project and the Issuance Expenses will be at least $1,589,045. Said total cost is expected to be financed by the County from the proceeds of the notes, investment earnings thereon, the proceeds of state and federal grants and certain other moneys of the County. 3. The proceeds of the notes and all earnings or net profits to be derived from the investment or deposit of such pro- ceeds do not exceed the amount necessary for the Project. BROWN Q WOOD.ONE WORLD TRADE CENTER.NEW YORK,N.Y.I 00413 4. The County does not expect to sell or otherwise dispose of any property comprising a part of the Project prior to December 16, 1987, the maturity date of the notes, except such • minor parts or portions thereof as may be disposed of due to normal wear, obsolescence or depreciation in the ordinary course of business. 5. Work on the Project is expected to commence on or after July 20, 1987 and the County has entered into binding contracts or commitments obligating the expenditure of not less than $100,000 toward the cost of the Project. Work on the Project is expected to proceed with due diligence to the completion thereof presently expected on or about January 20, 1988. 6. On the basis of the facts, estimates and circumstances in existence on the date hereof, which is the date on which the notes are to be delivered (the "date of issue") , we reasonably expect the following in respect of the notes and as to the use of the proceeds of the notes, investment earnings thereon, the proceeds of state and federal grants and certain other moneys: (a) The proceeds of the notes, in the amount of $200,000, investment earnings thereon, the proceeds of state and federal grants and certain other moneys are expected to be needed and will be applied to pay the costs of Project and the Issuance Expenses. (b) It is expected that all of the proceeds of the notes, together with all earnings or net profits derived from the investment or deposit of such proceeds, will have been expended by June 30, 1989, a date less than three years from June 29, 1987, the date of issue of the notes. (c) The proceeds of the notes, the estimated investment earnings thereon, the proceeds of state and federal grants and certain other moneys do not exceed -2- BROWN 6 WOOD_ONE WORLD TRADE CENTER.NEW YORK.N.Y.10048 the total of the amount necessary for the purposes described in subparagraph (a) of this paragraph 6. 7. It is expected that the proceeds of the sale of the bonds in anticipation of the receipt of which the notes are being issued will be used to pay the principal of the notes and that amounts on deposit to the credit of the debt service fund of the County (the "Debt Service Fund") will be used to pay the interest on the notes. There are no funds of the County, other than the Debt Service Fund, which are reasonably expected to be used directly or indirectly to pay the interest on the notes or which are pledged as security for the notes and for which there is a reasonable assurance that amounts therein will be available to pay the interest on the notes if the County encounters financial difficulties. 8. The Debt Service Fund will be used primarily to achieve a proper matching of revenues of the County and of payment of (a) the interest on the notes within their respective bond year and (b) debt service on issues of bonds of the County within each of their respective bond years. Amounts deposited to the Debt Service Fund will be depleted during each year except for any carryover amount which will not exceed the greater of (i) one year's earnings on the Debt Service Fund or (ii) one-twelfth (1/12) of annual debt service on the notes and debt service on issues of bonds and other issues of notes of the County. 9. The following represents the reasonable expectations of the County with respect to the investment of the proceeds of the notes and certain other moneys related to the Project: (a) $200,000, representing the amount of the proceeds of the notes to be used for paying the cost of the Project and the Issuance Expenses, may be invested at an unrestricted yield for a period not to exceed three years from June 29, 1987. -3- BROWN Q WOOD.ONE WORLD TRADE CENTER.NEW YORK.N.T.10040 (b) Earnings or net profits derived from the investment or deposit of the proceeds of the notes may be invested at an unrestricted yield for a period not to exceed three years from June 29, 1987 and thereafter for a period not in excess of one year from the date of receipt of the amount earned. (e) Amounts deposited to the Debt Service Fund may be invested at an unrestricted yield for a period not in excess of thirteen months from the date of deposit of the respective amount to the Debt Service Fund. (d) Amounts received from the investment of amounts deposited to the Debt Service Fund may be invested at an unrestricted yield for a period not in excess of one year from the date of receipt of the amount earned. (e) Amounts described in subparagraphs (a) , (b) and (c) , which may not be invested at an unrestricted yield pursuant to such subparagraphs, may be invested at an unrestricted yield to the extent that such amounts do not exceed the lesser of $100,000 or 5% of the face amount of the notes. (f) Amounts described in subparagraphs (a) and (b) , together with investment earnings thereon, not invested at an unrestricted yield pursuant to such subparagraphs, may be invested at a yield not in excess of the yield on the notes plus one-eighth of one percentage point or invested in tax-exempt obligations. (g) Amounts described in subparagraphs (c) and (d) , together with investment earnings thereon, not invested at an unrestricted yield pursuant to such subparagraphs, may be invested at a yield not in excess -4- BROWN 6 WOOD.ONE WORLD TRADE CENTER.NEW YORK.N.V.1 Oo46 • p of the yield on the notes or invested in tax-exempt obligations. 10. The proceeds of the notes and any earnings or net profits derived from the investment or deposit of such proceeds will not be used in the place of funds now available to the County and to be used or which will become available to the County and will be used directly or indirectly to acquire obligations producing a yield in excess of the yield on the notes, which funds are not otherwise obligated and could be applied to the payment of the cost of the Project or the Issuance Expenses. 11. For the purpose of this certificate, the yield produced by any obligations, including the notes, shall be that rate which when used in computing the present worth, based on annual computation of interest, of all payments of principal and inter- est with respect to an obligation produces a present worth amount equal to the purchase price of the obligation. For purposes of s calculating yield on the notes, the purchase price of the notes is the price paid by the first buyer of the notes (excluding bond houses, brokers and other intermediaries) plus accrued interest, if any. 12. No portion of the proceeds of the notes will be used to replace any proceeds of any other issue of bonds or notes which were issued by the County for substantially the same purpose as the notes but were not expended for such purpose and have been retired in whole or in part. 13. The resolution passed on June 15, 1987, by the Board of Commissioners for the County represents that (i) the County is a governmental unit with general taxing powers, (ii) the notes are not private-activity bonds (as defined in the Code) , (iii) 95 percent or more of the net proceeds of the notes are to be used for local governmental activities of the County, (iv) the -5- BROWN D WOOD,ONE WORLD TRADE CENTER.NEW YORK-N.Y.I 00411 aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued by the County (and all subordinate entities thereof) during calendar year 1987 is reasonably expected not to exceed $5,000,000 and (v) to the best of the County's knowledge, there are no subordinate entities of the County. 14. There is no other governmental obligation of the County that (i) is issued at substantially the same time as the notes; (ii) is sold pursuant to a common plan of financing together with the notes; and (iii) will be paid out of substantially the same source of funds (or will have substantially the same claim to be paid out of substantially the same source of funds) as the notes. 15. To the best of our knowledge, information and belief, the above expectations are reasonable. 16. The County has not been notified of any listing or pro- posed listing of it by the Internal Revenue Service as an issuer whose nonarbitrage certificates may not be relied upon. • WITNESS our hands as of the — day of June, 1987. .- an (2 ' Finance Director -6- pROW H 3 w000.ONE WORLD TRADE CENTER.NEW YORK.N.Y.10040 Marshall, chairman of the Board of North Carolinas � HEREBY I, ShirleY�' orange► the County of t Commissioners for the been filed demanding that b O�iggj,oners for said CERTIFY that no petition has adopted by Board of C CERT the order adOp the voters: following l�g� be submitted to County on March 24 , Co BONDS��� 00►000 SANITARY SEWER I, AUTHORIZING $2 orate seal of said County, ORDER WITNESS my hand and the Corp day of June, 1987 . this f_ / , '-/ il'itii/ dAA-44- e---. chairman I, Shirley Marshall, Chairman of the Board of Commissioners for the County of Orange, North e Nrth Carolina, DO H the Board of CERTIFY that, pursuant to a resolution passed by Commissioners for said County on June 15, 1987 , providing for the issuance of the following notes of the County of Orange, dated rincipal of June 29 , 1987 , I have fixed the bank at which the p NCNB National a and the interest on said notes shall be payable as N Bank of North Carolina, in the City of Charlotte, North Carolina, and have fixed the denominations and numbers of said notes as follows: $200, 000 SANITARY SEWER BOND ANTICIPATION NOTES $ of 8 notes of the denomination of $25, 000 Consisting each, numbered 1 to 8, inclusive. WITNESS my hand this day of June, 1987 . 1 - Ar Chairman 9 ■ I, Shirley Marshall, Chairman of the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that no action or proceeding in any court has been begun or is pending, so far as I am aware, to set aside the order adopted by the Board of Commissioners for said County on March 24 , 1987 , authorizing $200, 000 Sanitary Sewer Bonds, or to obtain any other relief upon the ground that said order is invalid. WITNESS my hand this day of June, 1987. �'� airman fl A SIGNATURE AND NO-LITIGATION CERTIFICATE We, the undersigned, being officers of the County of Orange, North Carolina, as indicated by the official titles following our respective signatures, DO HEREBY CERTIFY that we did on the /7 day of June, 1987, officially sign $200, 000 Sanitary Sewer Bond Anticipation Notes of the County of Orange, North Carolina, dated June 29, 1987, maturing December 16, 1987 , without option of prior payment, consisting of 8 notes of the denomination of $25,000 each, numbered 1 to 8, inclusive, and bearing interest at the rate of 4.81% per annum, payable at the maturity of said notes to which no interest coupons are attached, and that the corporate seal of said County is impressed upon each of said notes. WE FURTHER CERTIFY that no litigation of any kind is now pending (either in state or federal courts) or, to our knowledge, threatened to restrain or enjoin the issuance or delivery of said notes or of the bonds in anticipation of the sale of which said notes are being issued, or in any manner questioning the procee- dings or authority under which said notes are issued or under which said bonds have been authorized or affecting the validity of said notes or bonds; that neither the corporate existence nor boundaries of said County or the title to his office of any officer whose signature appears on said notes is being contested; and that no authority or proceedings for the issuance of said bonds or said notes or for the security thereof have been repealed, revoked or rescinded. WITNESS our hands as of the day of June 1987. SIGNATURE OFFICIAL TITLE EXPIRATION OF TERM Chairman December 1990 d 4.1° A : A, Clerk to the Board At pleasure of Board of Commissioners I have read the foregoing certificate and statement. I know that the persons who have signed the same are the officers whose titles follow their signatures, respectively, and that said signatures are genuine. of the Bank i-' • i4t, ORANGE COUNTY BOARD Off' COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. A MEETING DATE Mares ,_4.. 19117 SUBJECT: Emergency Shelter Grant Program Application DEPARTMENT: Housing/Community Dev. PUBLIC HEARING: YES K NO ATTACHMENT(S) : INFORMATION CONTACT: Tara Pikes PHONE NUMBERS: HILLSBOROUGH -- 732-81.81 Resolution HILLSBOROUGH - 732-9361 CHAPEL Hill -967-9251 MEBANE -- 227-203.1 DURHAM - 688-7331 PURPOSE: To authorize submission of an mercy Shelter Grant Program Application. NEED: The Department of Natural Resources and Cahmanity Development (NRCD) in March 1987 announced the availability of Emergency Shelter Grant Program (E9GP) funds. The purpose of this program is to assist families and individuals who are homeless primarily due to their economic circumstances. These grants will be awarded to local governments to help improve the quality and availability of emergency shelters and services for the home- less in their communities. The maximum amount an applicant can request is $5,000. The deadline for submission of the application is March 27, 1987. State and federal regulations also require that any ESGP funds received must be matchedwith non-E9GP funds by the local govern- ment or a subrecipient and expended within six months of award. The Inter-Faith Council who operates an emergency shelter in Chapel Hill has agreed to act as subrecipient and provide the matching resources necessary. The Towns of Chapel Hill and Carrboro have decided to submit an application for E9GP funds with Inter-Faith Council acting as subrecipient. County re- presentatives have net with representatives of both local govern- ments and Inter-Faith Council to discuss and coordinate the proposed application. IMPACT: Award of a Emergency Shelter Grant would enable Orange County to improve the quality of services for the homeless available at the Inter-Faith Emergency Shelter. REOOMMN DATICN(S): 1) Authorize the submission of Emergency Shelter Grant Program application. 2) Adopt Resolution authorizing filing of the ESGP application. 20au RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE FILING OF EMERGENCY SHELTER GRANT PROGRAM APPLICATION. IT IS HEREBY RESOLVED: THAT, the Orange County Board of Commissioners authorize the filing of Orange County's Emergency Shelter Grant Program Application, including all understandings and assurances contained within the application. THAT, an application will be submitted to the North Carolina Department of Natural Resources and Community Development on or before March 27, 1987. The amount requested is $5,000. • I hereby certify that the above resolution is a true and correct copy of the resolution adapted at a meeting of the Orange County Board of Commissioners on the day of 19 201 ORANGE COUNTY Action Agenda BOARD OF COMMISSIONERS Item No. H ACTION AGENDA ITEM ABSTRACT MATING DATE 3/24/87 Subject: APPOINTMENTS 1 Department: BOARD OF COMMISSIONERS I Public Hearing: Yes no l Attachments: Information Contact: Beverly A. Blythe Under Separate Cover Phone Numbers: 732-8181, 968-4501, 227-0231 PURPOSE: To maintain membership at effective levels on Commissioners' appointed Boards. The following vacancies are announced together with the indication of the status of securing candidates for possible appointment consideration. A-13 - RECREATION AND PARKS ADVISORY COUNCIL - 1 vacancy. No recommendation has been received. B -7 - HUMAN SERVICES ADVISORY COMMISSION - 4 vacancies. No resumes from service recipients have been received. B-21 - ANIMAL CONTROL TASK FORCE - 13 vacancies. Recommendations have been received. 11 resumes have been received for the 3 AT LARGE representatives. B-26 - AGRICULTURAL ADVISORY BOARD - 1 resume has been received. • C-2 - CARRBORO PLANNING BOARD - 1 vacancy. A recommendation has been received. C-5 - HILLSBOROUGH BOARD OF ADJUSTMENT - 2 vacancies. A recommendation has been received. C-6 - HILLSBOROUGH PLANNING BOARD - 1 vacancy. A recommendation has been received. BOARD OF EQUALIZATION AND REVIEW - 1 resume has been received. RECOMMENDATION: As the Board decides. ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY,JR. STEPHEN H.HALKIOTIS JOHN HARTWELL SHIRLEY E.MARSHALL DON WILLHOIT March 26, 1987 Frank Sheffield, Jr. Mayor of Hillsborough P.O. Box 409 Hillsborough, NC 27278 Dear Frank: The Orange County Board of Commissioners reviewed Hillsborough' s Phase I and Phase II plans for annexation. The Board of Commissioners has no objections to your plans. We do count on your meeting the obligations required under the state-wide annexation laws for reimbursing the fire district. Thank you. Sincerely, Shirley E. Marshall, Chair Board of Commissioners /bab File NORTH CAROLINA ORANGE COUNTY CONTRACT ADDENDUM TO AUGUST 8, 1983 AGREEMENT BETWEEN TOWN OF HILLSBOROUGH AND ORANGE COUNTY THIS AGREEMENT is entered into this 24th day of March, 1987, and by and between the Town of Hillsborough, a municipal corporation ("The Town") and Orange County, a body politic and corporate ("The County") . WHEREAS, the Town and the County have entered into an agreement dated August 8, 1983, pursuant to which the County will furnish certain computer services to the Town; and WHEREAS, the County operates a computerized land records information system and wishes to make a terminal available for public use in the Town of Hillsborough; and WHEREAS, the Town is willing to make space available for such a terminal in the Town Hall under the circumstances set forth below; NOW, THEREFORE, in consideration of the premises and mutual promises set forth below, the parties agree as follows: 1. The Town shall provide suitable space in the Hillsborough Town Hall for the location of a terminal for the exclusive use of Orange County in connection with a land records information system. This shall be a location easily accessible to the public. The terminal shall be available for public for land records inquiry during all hours of the normal business day. The Town shall provide suitable tables, chairs, lighting, heating and cooling of space and janitorial services. The Town shall take reasonable steps to insure the safety of the equipment and provide reasonable assistance to first time users who have completed initial train- ing. This training is to be provided by the County in a Hillsborough location. Town employees are not expected to operate the terminal or produce infor- mation for the public, but are to provide assis- tance to public users. 2. The County shall provide the Town at no cost the use of one additional "port" in addition to those called for in the agreement between the parties for data processing services dated August 8, 1983 . 3 . The Town shall be expected to cooperate in the development, implementation, and operation of the County-wide LAND INFORMATION SYSTEM. 4. Expiration date shall be the same as the terms stipulated in the August 8, 1983 agreement. The foregoing agreement is executed in duplicate origi- nals this 24th day of March, 1987. TOWN OF HILLSBOROUGH ORANGE COUNTY / BY: jfi./ TL BY: I. Hardi ►g\Hug 42- Shirley Marshall, Chair Town Adm. str- •r Board of ommissioners ATTEST: ATTEST: 10.ACA 4littILA.1.6h Aga ; a John-7 , Town Clerk Beverly Bly ;'e, Clerk the Board A RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS APPROVING A TRANSFER OF ..a:. PRIME VENTURE'S CABLE TELEVISION FRANCHISE TO PRIME CABLE INCOME PARTNERS L.P. WHEREAS, the Board of Commissioners of Orange County by an ordinance effective February 24, 1981, granted to Village Cable of Orange County, Inc. ("Village Cable") a franchise to operate a cable television system in Orange County; and WHEREAS, the Board of Commissioners by Resolution of July 7, 1986 approved transfer of the Village Cable franchise to Prime Venture I, Inc. , ("Prime Venture") , a Delaware corporation and managing general partner of Prime Cable Income Partners L.P. ("Prime L.P. ") , a Delaware limited partnership; and WHEREAS, Prime Venture has requested permission from the Board of Commissioners to transfer its rights under the franchise to Prime L.P. ; and WHEREAS, Prime L.P. agrees to accept the terms and obligations of the franchise as transferred; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that: 1. Upon signed acceptance of this Resolution by Prime L.P. , all rights and obligations of Prime Venture in the cable television franchise ordinance and franchise cited above are transferred to Prime L.P. 2 . All other provisions of the franchise ordinance and franchise shall remain in effect. Approved by the Orange County Board of Commissioners at regular meeting of the Board held on the 24th day of March , 1987 . L Shi . Marshall, Chair Attest: /44 , Aige Adia-- /Pr - / er (.01.EMAN, UERN1IOL , 1)1CKI':KSON. BI:I1N11oLY.., GLEDHIU .- & FL\nGuAvE. ATTORNEYS AT LAw 110 C HURTON STREET H I I.I.,SI3of{OU0I1, N•C. 27278 91f)-732-2196 April 13 , 1987 919-942-8000 CHAPEL HILL OFFICE SUITE 20,FRANKLIN BUILDING 137 E.FRANKLIN STREET CHAPEL HILL,N.C.27514 919.929-7151 ALONZO B.COLEMAN, JR. STEVEN A.AERNHOLZ Mr. Gundars Aperans DONALD R.DICKERSON ROGER B•BERNHOLZ Brown, Wood, Ivey, Mitchell GEOFFREY E.GLEDHILL and Petty DOUGLAS HARGRAVE MARTIN J HERNHOLZ RICHARD J. SNIDER,JR. One World Trade Center G.NICHOLAS HERMAN New York, New York 10048 KAREN J. SHANGRAW Of Counsel HONNER D.SAWYER Re: Orange County, North Carolina $200 ,000 (1902-1972) Sanitary Sewer Bonds Dear Gundars: Per your February 26 , 1987 letter , enclosed are two certified copies of the proceedings of the Board of Commissioners for Orange County for its regular meetings held on March 2 and March 24 , 1987 together with two publisher ' s affidavits, with printed clippings attached for the publications in the News of Orange and the Durham Morning Herald which publications occurred on March 11 and March 25, 1987. With a copy of this letter to Everett Chalk I have enclosed one copy of each of the documents listed above. With a copy of this letter to Beverly Blythe I have also enclosed one copy of each of the documents for inclusion with the minutes of the Board of Commissioners ' March 2, 1987 meeting (the proceedings of March 2, 1987 and the publisher' s affidavits for the March 11, 1987 publication) and for inclusion with the minutes of the Board of Commissioners ' March 24 , 1987 meeting (proceedings of the Board for March 24, 1987 and publisher's affidavits for the March 25, 1987 publication) . Very truly yours , _ it —of r4y E. G -dhill GEG/lsg Enclosures xc: Beverly Blythe - Gordon Baker, Orange Coun • Finance Director Everett Chalk N North of Orange,rs for the county Toners' Meeting r r scone iss e of Commis at �e Cow olina� th r � The Board session Hillsborough, North Car in regular lsb 1967 ' a met in K�1 arch 2,Carolina, 0� Margaret Sane 7:30 p.M ' on M presiding, and • goons at 1 of meetin9� at ,lr • . regular place Carey,t• Vice Chair Moses C and Wilhoit presen Nalkiot Hartwell , Commissioners Marshall Commissioner Absent. * * •duced the following * intro CommiSSioner Garet cation Which was reads NG TO •resolution C HEARING pNCERNING EDUCING T� y TARP 5H� BONDS RESOLUTION RESCH ON EDULING 1 R RED BEEN HELD $200,000 SANITARY CAROLINA Count OFISSUANCE UNY OF ORANGE, issi.oners for the OF THE RESOLVED by the Board of Co 8E IT RESOL to have been held in of orange* public hearing inhapE That the p Hill past Office Section 1• February 17 , 1987r urtroom of the Old Chapel Feb District Ca n order Di5 at 7:30 P.M.M of the bond Hill, North Carolina s of the validity .of questions Toners authorizing $20' erring th Board of Commiss concerning bonds, has B such b before the of issuing introduced bef advisability Bonds and the advisab Water t Weather• resched to incleIDen hereby held due such public. hearing is h Section 2. That Courtroom of t 24 , 1987 in the District P.M. , March North Carolina C pel Chapel Hill, post office in take effect upontits Chapel Hill will Section 3 . This resolution ,coved the p` � yy 9 and Wilhoit.. � Halkiotis���-pi!, _ • F - Hartwell + 1 `•• COj.SSl��ers Care + Ayes' None • Noes: ' 0 directed the Clerk COMMiSSIOners authpri�inq Thereupon the Board of lish the order The ers to rep er With the 1 Board of commission a �ountY, togeth the Boa Bonds of the r $200,000 sanitary $eWer ubli� hewing or s the rescheduled p d statement calling as ameride appended Local Government Bond Act, by The Lv not order as required Herald and The News Of Oran once in The Durham Mornin later than the sixth day before March 24, 1987' * * I, Beverly Blythe, Clerk to the Board of Commissioners f .r an e, North Carolina, DO HEREBY CERTIFY that he the. County of Or g s a true copy of so much of the proceedings of sai• foregoing '� rd at a regular meeting held on March 2, 1987 as relates i Boa ubl�c any way to the passage of a resolution rescheduling the p hearing upon an order authorizing bonds of said County and that z1 of the said proceedings are recorded in •Minute Book No. 2 minutes of said Board, beginning at page • and ending at. pagE • I DO HEREBY FURTHER CERTIFY that the attached schedule of } office regular meetings of said Board has been on file in my pursuant to G.S. §142-318.12 as of a date not less than sever► days before said meeting. this WITNESS my hand and the corporate seal of said County, 25th day of March 1987• APPROVED OF C NMIS5 OS RS �pgD OEETING SCNEDOLS 1,1111.1. 1111111111111111111111111WWw„ lg 87 'MEETING CEA , 19$1 BLS ogovGK January aa. ��gaT February 17, 5 r 1987 January 1987 Public Hearing eh 24. lg$� . p February 2 ,3 r 1987 (Joint Iar 1.931 February 2 April ZL. Febru 1997 • 2.1 1997 May 19. Marsh _ April 6 r 1987 Public Nearing) 1987 1987 (Joint Jae 16, May � ' 1987 (Tuesday) 26, 87 Nay e •r 1987 August 1$. Jun 6, 198/ , lga7 (� eSd' July August 1987 tbli° gearing September epte ZZ 3 r 1987 (Joint ®r 20, 118 August 2t ' 1987 (Tuesday) Oct = 17 3.981 September 8 r November er 5r 1987 Octob 1g 87 Public gearing) � �, 9987 November 2 r 1987 (Joint Pu Decemb a,t e November 23 r (Tuesday) be wad 1997 ( h gill December e Hillsborough 7 .30 p.n. e Courtroom Lane din e The meetiESM Margaret L will be 'held p ouse, 106 Kill at 7 :3 Courthouse,meetings in Chapel 1,n Street to Old Ca in The eOfiGe on FranK will be yield old post in January The �,.rsttrooml upstairs. NOTE:the main coot f Orange ' 1!!!!!11111111111111111111111111Www„ County o ssioners for the Co my o District Courtroom 1 111 in he The Board of Commissioners regular session t l Kill' North 24, Carolina, met in xe st office in Chapel P.M. on March C o North Old Chapel regular P ace of meeting , at the of the regular P presiding ' and Carolina' Carey ,r Moses 1981 • sent vice Char ell and Wrllhort. Present: Hartwell hall, s Kal Marshall. Commissioner Chair Shine Absent * * and day * the hour a announced that this was public hearing upon ex the P RY SEWER The Chairman n s for VITA Th Board of Commissioners ommissro AUTHORIZING $200 ,000 SA eaiatelY hoax firmed by the $ led. "ORDER AgTKO ssioners would imm the validity t the order emit he Board of Commissioners the question °f th anyone and that t to heard on issuing d bonds' wish be 1 ing sai to be anyone who might the advisability of or by attorney ' de °r person the of said order eared' either in p of said order or th isin No one appeared,of the validity t Barbara Paige, re e 1 hears on the quest n said bonds eXCep asked when W111 of issuing the advisability eared in Person an gained that who app Manager explained at Hillsborough, County acted f om i s be repaid The Orange toll bond principally from revenues repaid P The foregoing statement bonds will be stem' The Clerk n of the Efland Sewer 5y of Commissioners• operation the Board that no written was duly considered by announced tha then an received. Commissioners been the Board of question had statement relating to said flues F1771 . --- i t Thereupon, upon motion of Commissioner Willhoit seconded by Commissioner Halkiotis and carried, the order introduced and passed on first reading on February 2 , 1987 entitled: "ORDER AUTHORIZING $200, 000 SANITARY SEWER BONDS" was read a second time and placed upon its final passage. The vote upon the final passage of said order was: Ayes: Commissioners Carey, Halkiotis, Hartwell and Willhoit Noes: None The Chairman then announced that the order entitled: "ORDER AUTHORIZING $200, 000 SANITARY SEWER BONDS" had been adopted. The Clerk to the Board of Commissioners was thereupon directed to publish said order, together with the appended statement as required by The Local Government Bond Act, as amended, once in The News of Orange and The Durham Morning Herald. * * * * * I, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on March 24 , 1987 as relates in any way to the adoption of an order authorizing bonds of said County and that said proceedings are recorded in Minute Book No. 21 of the minutes of said Board, beginning at page and ending at page % 4 I DO HEREBY FURTHER CERTIFY that the attached schedule of regular meetings of said Board of Commissioners has been on file in my office pursuant to G.S. §143-318 . 12 as of a date not less than seven days before said meeting. WITNESS my hand and the corporate seal of said County, this 25th day of March 1987 . / .• Clerk to t - Board of-Col issioners APPROVED ORANGE COUNTY BOARD OF COMMISSIONERS. 1987 MEETING SCHEDULE HILLSBOROUGH CHAPEL HILL 1 January 5, 1987 January 20, 1987 February 2, 1987 February 17, 1987 February 23, 1987 (Joint Public Hearing) March 2', 1987 March 24, 1987 April 6, 1987 • April 21, 1987 May 4, 1987 May 19, 1987 May 26, 1987 (Tuesday) (Joint Public Hearing) - June 1, 1987 June 16, 1987 July 6, 1987 August 3, 1987 August 18, 1987 August 24, 1987 (Joint Public Hearing) September 8, 1987 (Tuesday) September 22, 1987 (4th Tuesday) October 5, 1987 October 20, 1987 November 2, 1987 November 17, 1987 November 23, 1987 (Joint Public Hearing) December 1, 1987 (Tuesday) December 15-, 1987 The meetings in Hillsborough will be held at the County Courthouse, 106 E. Margaret Lane at 7:30 p.m. The meetings. in Chapel Hill will be held in the courtroom of the old Post Office on Franklin Street at 7:30 p.m. NOTE: The first meeting in January will be held in the Old Courthouse. in the main courtroom upstairs. NORTH CAROLINA CLIPPING OF LEGAL ORANGE COUNTY. ADVERTISEMENT ATTACHED HERE r . ,T .r:.,_,.;w ry; ,.:rr :y;iat:,.. AFFIDAVIT OF PUBLICATION v'`''. µast h ;x +i Before the undersigned, a Notary Public of said County and State, °' 4. - a '''": the SOAP' of duly commissioned, qualified, and authorized by law to administer oaths, T°,- - = of #--,:-, ., I►f�Y l personally appeared Da 0V a d " x,, r. :� h, , who being first duly of(',4 Iz fm 'k'°'∎,N' ' `"•'' E by sworn, deposes and says: that he P is an authorized employee of � 14! ill,- ._ "i y The News of Orange County, engaged in the publication of a newspaper „ a 0 .r''' .'`'„'Woad fin known as The News of Orange County published, issued, and entered as =;..44'w,_ _ ;to issue Sanitary second class mail in the City of Hillsborough, in said County and State; " an aggregate" that he (118) is authorized to make this affidavit and sworn statement;L, s1 -- ftot 'eEceading -. .,:-..-'=.1e--..; : ' that the notice-or other legal advertisement a true copy of which is • 1 ,r,r t -'' S- :'y' _r attached hereto, was published in The News of Orange County on the av f ➢ng a po ''ai, : sewer system Mart* 25$ ice'" ' for a 'le following dates: in ', y, and lid;;_ - and r!t h 'PPP- and that the said newspaper in which such notice, paper, document, or '•- * _ f p` p, legal advertisement was published was, at the time of each and every pi 1 such publication, a newspaper meeting all of the requirements and quali- - the `i' of p 'r ?. l - , °the fications of Section 1-597 of the General Statutes of North Carolina and 1"4 : T t was a qualified newspaper within the meaning of Section 1-597 of the i :,.w,'; r,.M;,e, ',i0".''x, General Statutes of North Carolina. reo -. ''S a ��y .the° t.' '. v. . l On said : .rr t ' ,. ;• This ....e * day of , 19 81.... 3. `•� -";,a irrt statement of the ; ,r<• has been filed /J . bra ,P.-i - �; of Ct.Ge o ?'tw„, ,� (Signature of person making affidavit) 30` d . , - '-. following ado •n, unless it is Sworn to and subscribed before me, this PZ=.l..l.l..�.r poiff.en�erd ex= a. ._ f pry event ,R' -ra = ,.,-t;, • �en day of .�-- , 19/7 ._ ;d vim' on ESpaldefiLe---g W.5).:-27-e-a271(-1141-) CIPier the. F tJ a is Ngtary Public w - tI d his days'lof - 4-44i, lids y /��{f -.��``.....1"..`:4" i - _ - ,l�Bw / luy Commission Expires (,,.�1 �.. j df. this;1{ddpiiagg'•<t:fit- ,,? _• „ 'x.r he, ,, ,,,441/1=10111S___, __11131*the March 25,19G7^ . . , *ME AVIT OF PUBLICATION .,. �' ,.,.rL &'' . State of - '''`.0 '''. North Carolina �� ; ' A County of Durham ;, s. :6 W `,*,;:. Donna any '' "1,1,*:n .:r * "?c- ''i' B. Minor r K ' being duly sworn n, tenon t' '. , "w., says that she is the Principal Clerk of The Durham '„ '?�'. "T' T 'r: *Ojic Herald Co. d, Inc publishers of :-"..''1' - -�...,, •" ' • • ...,:rt...„4-4; - ,..,'"!!!" ea'r1 ,, Durham Morning Herald ;,-;..: ' 'ua r .n , A newspaper published in and 1. - °' .0 `, g®" of general ,; .a, : :., ,. circulation in said County, and °_� .. '"w'"'""'' `;'-' that a : ..at hp;t'. ,a, notice of which the annexed "w' `' nnexed is a true `.,,�";44, copy, was published s e, ,, � Y in said newspaper one �..-'' ', .` ,- - A time W';, ., ,= , { ..:.r'air- •! 4',4/r... ,�j'_.l,...f,. on the 11th day '..„.;4 ,'' k "M LLp:` ' , , of March 1 87 *;1;t':ai l� r: ,',x TT+p�� .,, . i.,,,,L. A , ,;,_ __f_1, ,,,t, / 2 /.c� - _ 274.6i/fz.' Principal Clerk Sworn to and subscribed before me this 8th day of April 19 87 9Q1b- Notary P b c -1"--1).. My commission expires My Commission Expires December 16, 1991 Durham County, North Carolina --- _ _ - ImmErmErr CLIPPING OF LEGAL NORTH CAROLINA ADVERTISEMENT ORANGE COUNTY. ATTACHED HERE "I` ' ` AFFIDAVIT OF PUBLICATION '/ ',e,,�4 4,AR, ,;, ,4; `''`I °I"'e%� r Before the undersigned, a Notary Public of said County and State, 0�I``• ;. _ qualified, �•� .'"1:.,,; �7,�r duly commissioned, q and authorized by law to administer oaths i.w F, rrT w ',.E, �,, oaths, u�+ a ■ti C.. ck personally appeared David O• M , who being first duly"�? �" 4 deposes and says: that he ,; r sworn, de es (919 is an authorized employee of ,:3-:, : - E *, , d= ' The News of Orange County, engaged in the publication of a newspaper :!a`'1;�• 1 - : '" known as The News of Orange Count — -� V uf, County published, issued, and entered as • 1aOW or second class mail in the City of Hillsborough, in said County and State; - ,: •=oa +,i; , ;_ ti: ;. y,,`_, that he (do)) is authorized to make �;,;��, this affidavit and sworn statement; `,;'!`- , „y,.-11., �'�''' ` I"'""'; = that the notice or other legal a x 7 ;`, + ;«: ' i r , g advertisement, a true copy of which is , ,∎, ,a3 TIr ,u., . . attached hereto, was published in The News of Orange County on the ...F L ,�.F,, , - - following dates: Y .P 19$7 a N,°1!• ` ie'i '. _'1' ?, N. t p _ and that the said newspaper in which such notice, paper, document, or legal advertisement was published was, at the time of each and every • ,k+± k t* '.1'° the such publication, a newspaper y allofth —�_ '•".= �•�� ;,�,�,; � p per meeting the requirements and quell- - uali- :r� V waia+k -•i,s fications of Section 1-597 0 � � - f the General Statutes of North Carolina and tw of. was a qualified newspaper within the meaning '.7; of Section 1-597 of the • i� t'" General Statutes of North Carolina. 0 ate"'. - - r:::a . . ' Thai ! o 14040 in n.,,f'x This .-..�.�► day of -...� 19i .. .‘ , , ,4.1,* ',_ , '.., , , , ,, '41-661---e-el.e4 , . ,,,,„,,,_,,,,,,, „.,ItPilf;ef 41." 's6,-,4" '.4 tiwr_fi� " r (Signature of person •r t•ng affidavit) x114.., ',itY 9 +�Lt IA'4:!",,,"a: , P Sworn to and subscribed before me, this /1 of 4 i* ,4._,T.044;,.4 `' ry a.roe ;=y 1 i t day of ""'"' 19 g.<-.. - '�t „., a.„wrr -- tea- �- •-,. i Notary Publ ' - ! y« - , ,r - ` My Commission Expires ,,f.0. 49 /95,[ 1 i:j 1,, ; :r y . r!�}k :, `(�:” Y yd it AFFIDAVIT OF PUBLICATION ... yy :4 ,;easy a µi ;;t ;, M State of North Carolina a `r` ; �'" ' '._gr County *ter „ , y of Durham urham . .a Mr,: ",.�� 4,4 4t41.1:7 Donna B. Mznor �: ., ,• ,.,t, M; . being duly sworn says that she is the Principal Clerk of The Durham ' Herald Co. , Inc . publishers of Durham Morning Herald A newspaper published in and of general circulation in said Count y, a nd that a notice of which the annexed is p.' L!,1. s a true copy, was published in ' ;_. ' co p n said newspaper one = : •:. et1: .s� 1 , „+`?° time on the 25th day of March 19 87 . /ãw /5. 27/1/f;Vti?-/ Principal Clerk Sworn to and subscribed before me this 8th day of April 19 87 . misirz) otary P b is My commission expires Expires December 16, 1991 Durham County, North Carolina - RESOLUTION OF THE ORANGE COUNTY BOARD OF comet sums AUTHORIZING THE FILJNG OF COMMUNITY DEVELOPMENT BLACK GRANT APPLICATION. IT IS HEREBY RESOLVED: THAT, the Orange County Board of Commissioners authorize the filing of Orange County's Fiscal Year 1987 Community Development Block Grant Application/ including all understandings and assurances contained within the application. THAT/ an application will be submitted to the North Carolina Department of Natural Resources and Community Development on or before May 19. 1987. The amount requested is $600,000. I hereby certify that the above resolution is a true and correct copy of the resolution adopted at a meeting of the ty Board of Commissioners on the 2 444 day of o�r , 19 e7 r ` RESOLUTION OF THE ORANGE COUNTY BOARD of COMMISSIONERS AUTHORIZING THE FILING OF EMERGENCY SHELTER GRANT PROGRAM APPLICATION. IT IS HEREBY RESOLVED: THAT, the Orange County Board of Commissioners authorize the filing of Orange County's Emergency Shelter Grant Program Application, including all understandings and assurances contained within the application. THAT, an application will be submitted to the North Carolina Department of Natural Resources and Community Development on or before March 27, 1987. The amount requested is $5,000. I hereby certify that the above resolution is a true and correct copy of the resolution adopted at a meeting of the Orange County Board of Commissioners on the 7 /2. _ day of , dap °� Orange , for the County District Courtroom � commissioners n in the plStx North A/ T. The Board °� regular session Chapel xlllr N on March 24, xolina r met In post Office In at .3p p•N1• North Carolina, a Old Chapel Hill ace of Meeting, and of the O the regular place pxeSydin9r Carolina, eS Carey , ice Chair MSS Wlllholt. • �n �9$ present Hartwell.K Commissioners xalkiotis. Shlxle Marshall. Commis Chair Absent * * and da. * the hour ed that this was public beating u ,on Chairman announced Commissioners for the Pu 00 5ANXTAgY S� Eg The Board °� Commiss OTKORx�xNG $2�� r� d �.mmediatel, he fixed by the „Ogp�R A Commissioners wont the v. lidi order entitled' and of Commi a question of the ° that the Bo beard on th d bonds• gONOS�� and t wish to be hea of issuing said attorney to anyone who might the advisability arson °r by r tie said order or eared' either In P of said order o res of No one appeared, of the validity t Barbara Paige,n the question said bonds except asked when 111 heard ° lty of issuing s ed In person and x gained .hat advisability who appeared County Manager explained P collect-d f. at Hillsborough, The Orange lly from revenues foregoing tatE bonds be repaid?e repaid principally System. The f°xe9 e C bonds will b land Sewer Sy Commissioners.e rati°° the Ef the Board of C that no wxittel a op duly consldexe by then announced e1vgd• was d of Commissioners 'on had been received. t the Board relating to said quests he Boa statement rel 44°A4 ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY,JR. STEPHEN H.HALKIOTIS JOHN HAR'TWELL SHIRLEY E.MARSHALL DON WILLHOIT March 20, 1987 n , tl7� S'. Lake Orange, Inc. c/o Robert B. Nichols, Jr. President Highway 86 Hillsborough, North Carolina 27278 • Dear Mr. Nichols: This letter is in response to the undated letter delivered to Shirley E. Marshall on February 23, 1987, a copy of which letter is attached. Orange County, through its Board of Commissioners, has carefully considered the offer contained in the attached letter from Lake •Orange, Inc. ta_seil to Orange County under the terms and conditions contained.;'in that letter the land owned tb44.La•1 e:Qrangg =lhc._surroundinj Zake Orange from the 615 foot elevation to: the-'6l6 e1evation , "orange County declines the offer made:-in�thl attached_lettei•:,' .a.* The letter.-state chat-the,;_of.feria; s !made'-pursuant to the terms of the ;deed'-froar. La4erange 'tnc., •to Orange. County, which deed is recorded tat` Book 212 ;-Page,362 of,. he0.Oran9e County Registry. Appar ently%this`,i.s ar'reference' tol-the'=following paragraph which.`appears ; :n that_deed.: i� �. . . a���' [Lake Orange, Inc.] hereby forever binds itself and, its successors and assigns to sell neither the shaded areas of land on said plat nor the rights and easements herein reserved unless and until [Lake Orange, Inc. ] has offered in writing to sell same for cash to [Orange County] at the same price offered by proposed purchaser and unless and until [Orange County] has failed to unconditionally accept in writing said offer within 30 days of the date said written offer to sell is first delivered to any member of the Orange County Board of Commissioners. [Orange County] shall have 30 days after date of said unconditional acceptance of said offer in which to tender said purchase price in cash to [Lake Orange, Inc. ] , and failure of [Orange County] to make r - 1 - i n� Lake Orange, Inc. Page Two March 20 , 1987 said tender in cash within said 30-day period shall cause this right of first refusal to become null and void. Orange County, by this letter, officially notifies Lake Orange, Inc. , that the attached letter and offer to sell to Orange County a portion of the shaded area referred to in the paragraph above is not "pursuant to the terms" of the deed from Lake Orange, Inc. to Orange County. Orange County,. therefore, reserves its rights, pursuant to that deed, to match any cash offer for the temporary flood easement or any part of it received by Lake Orange, Inc. If Lake Orange, Inc. has received an offer for any of this property, please provide Orange County with a copy of the offer for consideration by the County as prescribed in the right of first refusal contained in the deed from Lake 'I Orange, Inc. to the County. -F-- 1 Very truly yours, eititee-461--e-e . Shirley . Marshall, Chair Orange County Board of Commissioners SEM/lsg xc: Geoffrey E. Gledhill • • - 41 COLEMAN,BI:RN110LZ, DICKERSON, . BERNHOLZ, GLEDI-HILL & HARGRAVE p ATTORNEYS AT LAW !� 11'�} "1 7 0 ^ C O N F I D E N T I A L ' ---c-, 4v "- `' 110 CHURTON STREET • HILLSBOROUGH.N.C. 27278 919.732.219G 919.94 2-8000 CHAPEL HILL OFFICE SUITE 20.FRANKLIN BUILDING 13? E.FRANKLIN STREET CHAPEL HILL,N.G 2751a March 20, 19 8 7 019.929.7151 !I ALONZO R.COLEMAN.JR. . ■i STEVEN A.BERNHOLZ DONALD R.DICKERSON ROGER D.DERNHOLZ '1 GEOFFREY E.GLEDHILL 1 DOUGLAS HARGRAVE � MARTIN J.BERNHOLZ 1 RICHARD J. SNIDER.JR. '1 E'EN HERMAN RA Shirley E. Marshall, Chair 11 Moses Carey A Of Counsel BONNER D.SAWYER John Hartwell 11902•1972) Stephen Halkiotis Don Willhoit Orange County Board of Commissioners 106 East Margaret Lane Hillsborough, North Carolina 27278 Dear Board Members: Enclosed is a letter which embodies the action I recommend Orange County take in response to the offer to sell to Orange County the land owned by Lake Orange, Inc. between the 615 and 616-feet levels of elevation surrounding Lake Orange. It is further my recommendation that the Board authorize the Chair to execute this letter and to have it delivered to Mr. Nichols at his home on March 25, 1987. It is my opinion that the offer to sell the land is just that and is not in satisfaction of the obligation of Lake Orange pursuant to the right of first refusal contained in the deed from Lake Orange to the County. This action is, of course, only a "holding" one. The problem of who owns, and subject to what, the land 'd surrounding Lake Orange between elevations 615 to 620 feet is not resolved by refusing Lake Orange's offer to sell a portion of this land and by Orange County reserving its rights under the deed from Lake Orange, Inc. I Apparently, and unfortunately, Lake Orange, Inc. is not prepared to go forward with an action to quiet title on this property. Our search of the title I; questions on behalf of Lake Orange at the time it was done, revealed only two deeds which purported to convey title to persons to the area in question. However, there are other deeds which "quitclaim" portions of the property in question and there are recorded plats of Orange County Board of Commissioners Page Two March 20, 1987 lots which describe the lots to include the area between 615 and 620 feet of elevation which plats will likely lead to deeds including this property. These deeds can ripen into title after seven years and could have the effect of making the County's right of first refusal virtually worthless. Unless someone does something about these encroachments into the 615-620 area in the very near future the County's options in this area will be limited. It seems to me, therefore, 5 that a decision by the County to keep Lake Orange at the 615 level of elevation if made now will be one that will be made 'until the County is prepared to condemn land surrounding the Lake to a higher level of elevation. I would note further that the County's flood easement and its easement of ingress, egress and x regress over, upon and through elevations 615 to 620 feet for the purpose of inspecting the flood easement and the waters of the lake for possible problems of erosion and so forth and for making repairs and improvements to the lake will not likely be lost or affected by the encroaching deeds. This is so provided the County continues to use its easement for its purposes. In that regard the County should, on a regular basis, inspect the lake, its shorelines and the entire area of its easement with protection of the water supply and the lake in mind. I would also like to point out -again that the County' s decision to raise the lake level to 615 from , its present 614 level does not create a duty on Orange 6 County to make any improvements to property owned by Lake Orange, Inc. or private property owners 8 surrounding the lake. In that regard the deed to Orange County from Lake Orange, Inc. is in the chain of title of all persons with property surrounding the lake. That deed contains the following provision: IT IS EXPRESSLY UNDERSTOOD AND AGREED, however, that [Orange County] and its successors and assigns, shall have no duty whatsoever at any time to maintain any minimum level of water on the above described land and [Orange County] shall have the absolute right to withdraw all waters which may from time to time be impounded on said land or to withdraw any portion thereof in such amounts and at such times as [Orange {� { Orange County Board of Commissioners Page Three March 20, 1987 County] in its sole discretion may deem desirable. With this letter I have enclosed copies of the deed of the property to Lake Orange, Inc. , a copy of the deed from Lake Orange, Inc. and a copy of a representative example of an easement from Lake Orange, Inc. to one of the property owners (all of the property owners in 1972 received such an easement) with property 5 surrounding the lake and lying beyond the 620 feet level of elevation. I am told that the purpose for granting this easement was to provide more security for the lake. That is, by providing an easement for ingress and egress over the 615 to 620-feet elevation level the persons granted the easement would be in a better position to keep trespassers from the lake and its surrounding area. I do not see that these x easements conflict with the County' s. However, things done to the land and the lake shores within the easement may. Very truly yours, 4141101.- -eoffrey -dhill 8 GEG/lsg a Enclosures xc: Ken Thompson\ O o ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY.JR. STEPHEN H.HALKIOrIS JOHN HARPWELL SHIRLEY E.MARSHALL bON WILLHOIT March 20, 1987 Lake Orange, Inc. c/o Robert B. Nichols, Jr. President Highway 86 Hillsborough, North Carolina 27278 Dear Mr. Nichols: This letter is in response to the undated letter delivered to Shirley E. Marshall on February 23, 1987, a copy of which letter is attached. Orange County, through its Board of Commissioners, has carefully considered the offer contained in the attached letter from Lake Orange, Inc. to4sell to Orange County under the"..,terms and conditions containedcin that letter the land owned:by::Lake__Oranges.:Inc..._�surrounding Lake Orange from the 615 foot elevation:::to the.:',616_elevation Orange County declines the of fer, made•--in-:.the ':a d..--1e ttache tte ..:_ The letter s wth �i r, t-. . rti ; state at- the :off,ekl'as made:•pursuant to the terms of the .deed..from- Lake Orange 'rnc:, to`Orange,:'County, which deed is recorded` at Book•:212,',Page', 362:=:o f,r`the Orange County Registry. Apparently_,this': is a re'ference=`.to the'�:`following ears: • paragraph which,�aPp in :ttat -c�e�dCy�''�^'b;.� j'�: [Lake Orange, Inc.] hereby forever binds itself and its successors and assigns to sell neither the shaded areas of land on said plat nor the rights and easements herein reserved unless and until [Lake Orange, Inc.] has offered in writing to sell same for cash to [Orange County] at the same price offered by proposed purchaser and unless and until [Orange County] has failed to unconditionally accept in writing said offer within 30 days of the date said written offer to sell is first delivered to any member of the Orange County Board of Commissioners. [Orange County] shall have 30 days after date of said unconditional acceptance of said offer in which to tender said purchase price in cash to [Lake Orange, Inc. ] , and failure of [Orange County] to make Lake Orange, Inc. Page Two March 20, 1987 said tender in cash within said 30-day period shall cause this right of first refusal to become null and void. I Orange County, by this letter, officially notifies Lake 1 Orange, Inc. , that the attached letter and offer to sell to Orange County a portion of the shaded area referred to in the paragraph above is not "pursuant to the terms" of the deed from Lake Orange, Inc. to Orange County. Orange County, therefore, reserves its rights, pursuant to that deed, to match any cash offer for the temporary flood easement or any part of it received by Lake Orange, Inc. If Lake Orange, Inc. has received an offer for any of this property, please provide Orange County with a copy of the offer for consideration by the County as prescribed in the right of first refusal contained in the deed from Lake Orange, Inc. to the County. Very truly yours, Shirley E. Marshall, Chair Orange County Board of Commissioners ' SEM/lsg xc: Geoffrey E. Gledhill J Yu° t4E4' L.; (1: •w pi,: 555 . .,„ ' ,". ,, ., r ,va• •:;r �n &rtt Y� . 'l,• yy J: I ,AY r I. • '� ;i:r�t k zl;, Orange County Commissioners 1?3''r. • �'� , �. i,:. ".4sp;lr;: 106 Fast Mar ar � ."�+� 4k #''b';�..� +�: g eC Lane �^aT�����'�. • 1g,'�r : �.;;#�c !� ' • Hillsborough, North Carolina 27278 'k" `�. `''t-0,- , Ha' '`:. r'•, fir,'■ ?t':,�,�rMt:,,y,.• ="�`' ti Attention: Hon. Shirley Marshall, Chairman wl•r. 4�• :i ?ag,i' 1; r. 7, r.' ,t ,4'' t.ar�' Dear Orange County Commissioners: �' N - i+ l'' ^,°r;`,:g);;ii;'�`'.,T', r"), • '•G.:t;,,�;rN'-,urn rl 1't' ` ' 1 '�'4- 'ye it"r�' The Board of Directors of Lake Orange, Inc. has authorized me. as President, 4. '1 f. r , +4• ""� .?irret;.4.r,.,; ;:f ,. to suboit the following to you pursuant to the terra of the deed recorded at avow G; IrytA + r ,r« : F(`;t'r'p,, 'i'p='•�'ti,• ,,,, 212, Page 362, Orange County Registry, in regard to a proposed sale of the lands 1% •IF.r 'fit' r•a �.;r�y, y.�R,,� � i Ili' Y. at Lake Orange owned by us at the elevation from the 615-foot to the 616-foot mark. �i, � -' 4r , ' tih"1+ ;,M Z� Lake Orange. Inc hereby, pursuant to the terms of said deed, offers by this )` . '}1.:,;t','4` ` "w ' "r" ill,', writing to sell the land owned by Lake Orange, Inc. from the 615 foot elevation to t,, , �'.• A ' "1 41, � ' the 616 foot elevation as shown on the shaded area of said plat referred to in said j:r + '•;1,' N'•• ` deed, subject� ��� � cC tv the conditions stated below. Orange County shall have thirty (30) v�,.(� ,� ,� �•�RE,.�, days from the date of receipt of this offer within which to unconditionally accept �i'•,+�t�t k ;, '`'r"'(tiC•"'` p in writing this offer by delivery of said written acceptance to me at residence ''��'$ �' +� ,4.4.',3'.4,1,' P my =tsrwld,E;:o.•s• ��.. a 5• f , on Highway 86. The conditions and terms of sale are as follows: � '?; '++yY rj''w p '+'1. «« 1) Price: Cost of preparation of deed, any and all other costs of closing and i u }p:a;• ' t. °� 'E'` 111,1' i recording, and cost of any survey, if required. i ' l'�'M' fr. ra• r; I; ab ..;:• 4 Ya_ 2) Oranga County shall pay all expenses reasonable and necessary to (a) raise P41.4'.211: 4Yei.'.+,< 'r;"rr,� q rl ;;� the roof on the Boathouse; (b) raise the bulkhead at the Boathouse and backfill; s:. ,� i 6'Ai 0i4,„ c raise the walkway d "'r`• 4.',,�, � , �;:N� ( ) yin the Boathouse. 4 •_0,..r..4. t r� i s ?ryy' ';L- r°'!f r y•-,�`1 l f4,,,,•41444;� r& p'i- Try , ,�-r.'t: '{{ 3) Orange County shall pay all expenses td raise any existing roads across Lake .,, , k'4.4' n,�'Yf 'Irt'. F g �a,.RC. . .i 1 � Oran a to proper elevation. r,�, { ;�J hYw , l a wx` � ,�J ,• ,. ' 1"''P , `. t�F: 4) Orange County shall agree to permanently set flash boards on the spillway at t „.i r '.,k„ti; c,r '' F _, the 616 foot elevation. +, ,`��fie.r*^�n• � '.'M`h1 ',1::.'5.:"..06,..'4W,4",-,$,,', ,.^. � . ',•.• . .. 5) Orange County shall ,�Sri;�•43,i; .., ' ::r.'l 4' ,y;4'F=T r,• °' g Y pay all other expenses for compliance with any other ,.,,,-;':=54,';,(?`" ` lrs.� - ;•- tivo. r, ��, Federal, State or County requirement incident to this transfer and flooding of '..',,Pr..!,.....,i(`: ar: ;r,.1 7... +' ',.',1° '• Y J the 616 foot. +4'`',.. ,, '° e lake to y,•fill . . T . '0, 1n 1 1 ' ',P 6) All other conditions in said Deed Book 212 Pa a 362 erta ty r y, shal ' g p fining to each par< �'LFp� . 4.,A l remain in effect. f j :•fir', 1:-,:. `'� lk + ROBERT B. NI OLS, J�� ''^ {°•.#k'', ' { „ i,, President, Lake Orange Inc. '` '•t+y:,;� r r °' ry .Y�' �..•�, rAd p. ..,rb'. 1 .tcf`+ �`'s X..I1'1r I''Ar: . .A ..l:.'' .p : •�i•, ,:�•,,.'.. '-4,4,rT,.; .`?-:>- Fri Yap 5��, f.-'. r.:':':,!:,y.;,i�. e s' ^e_..s, 'rig ;;r•,u �. , rti' it :; �, :.M,:..:p«:,i,,,t;�,:. ' ' � qtr I t�;:', 1:':,,:.'' ;'; .' ° J �P.- i,.-r•'�:� J 1''Q 3 '� -,a{, s' - 4 rIi�� :fir+ 7 4. " i -f N T ,r��y. Y« 1. + $ l�:il ,'•fie w 1�. 1 �' � ',A'�. - auk": :�a�'`�rl.r�:'4'i! i S. ••i 'H - fir. .1};�,.yy - ,)• •y�i� r „a4. r r&;, I x il. ae' . 'dtf u.. r,. { tr� ��;:,,` dr. ,f. ,^d rn f 11F:� : il vi - 1r'4 };, .n •..• (p,pp�� 4•� •17, rn. ice:,,.,IY`�' :lf �k IIA:..i�, '115.'•: ."'f{' 'i•. �1 tv 55 ..�.A^' rub{: .x' r r� - 1 �.r ! a 'i fi 'it'. r• - i 4:'4,,, r r i b � r tiJ r AllIkl, to' „a r .'� • ;::;:, ,, k �p ,�Jx 3 w ' 'tr.., 4 'r y J: 1 i"�i�3,�. ff �".. 3'�r.l,;� f: •.rill.'? I I n s Y r•I` :.44 AA;; Y�� JR r r1� .T" Fr,y.. .�; �.� �:z'':, °fir ;< _s,f`�,. T 3•: .�G Vii, i'� - %r n`' .T"1 rt. !! ,v �i � 1y ,re, y �u cfr f 7.. yd S .r.t �:; `I p r} qq tt ar$. p T. i � ',�`;'' - fill, i t i# A ` •r ^ 7.f:•;4-` �,r , y. . . .Le Ors II ... r;o r i C,\!O!INA ' r 1 , S n.7, aado and entered into this the 11•.h. day of July, 1967, by and between Robert B._ ;eho1s,_Jr. rnd wife rargare t . ic'ol s, 'Zillion llion C: a and wife, Jessie N. :lay, !aro c�?:"tal r and ri f e, Vera ..alker Jo:*. W. Tolar, Sr. and wife, ' a:Licti. Tolar (z?1 of Orange County, : or; : : aroli x: A. H. Patterson, Sr. and wife, )attie L. Patterson (of Alamance County, ::ort'. Carolina), parties of the first part; to Lake Orange, Inc., a corporation _on • organized and existing under and by virtue of the laws of the State of North Carolina, having its principal office at 110-A North Churton Street, Hills- . borouSh, North Carolina, party of the second part; II WITI:wSrT.:.r. • That the parties of the first part, in consideration of V.11 DOL'.:'•Z ,II o :a GOOD, VALUABLE AND ADEQUATZ CONSIDFh;TI .N 5 to them pa i d by the second• • I i • party, receipt of which is hereby acknowledged, has bargained and sold and : �I those presents do hereby bargain, sell and convey unto the second party, its i succersor, and assigns, a tract of land located in Cedar Grove Township, Oran County, State of North Carolina, and described more particularly as follows; BEGINNING at a concrete monument, control corner in the Southwest . line of the dam clearing area as shorn on the plat herein. after referred to, which beginning point is a new point and is identified on said plat as Point A; thence from said beginning point a now line with the properties of J. W. Tolar and C. N.V::u hcs Heirs (crossing no :i er) North 30° h3' ::cst 1,400 feet to a concrete monument at the Westernmost corner of said dam clearing area, a new corner; thence a new line North 59' g,171 East L•OO feet to a concrete • monument, the Nort"nrnncat corner of the area shown on said plat as "spillway control area", a new corner; 'thence a new line South 30° . . 0' East 167.03 feet to the point identified on said plat as Point B; thence•a new-line commencing at said Point 9 and fol?ow n . tore. ,;- :identified on said nl:o., ..._114!).-. . S . . • n 31W rY� soca . •N•h Onru..1•. ,• • MYl 4.V $ Nyh1L' • N11.401 9 1.17AM 2 — 7 w f :saa.7cL= uoTs.spritoa 44 .. 779 ' 1 ' S i‘ ta I( 04". 0. . r" I "l' I gi I 1 I :' '• , ;u •_117 +i•:.�,; i 04,.4?!r" • a t^% ,.. ,.- e.T• w ., ti,..a-: •j . •■ C hi:W;Y41' 44.:4if1,1 ntaL .....••.t 'i': . t __ —' ■ •.1 :t • • • • A. B. Patterson, William C. Rat, Robert B. Nichols Jr.Tour, which new , and J. 'r?. line follows another portion or said line : identified on said plat. as 't62 Q1 contour" to the concrete ncnt a,. :'oint J on said plat, a new corner; thence a new ;onus • South° 17► r.•�,„t 400 feet to a concrete i;ornament, a new lcorner. (•ry • idcntificd as Point i( on said plat; thence a new 7 • e North 2�3' ;lest 75.ble feet to the place or man., .•o, �;� 3�s to plat and s•,:rvey" dated June 16, 1967, of nt A.beginning, according Registered Surveyor,. entitled "LAKE.fig 7s fi •.vbert n. Jones, which plat is recorded in I.r.F. ORANGE PpC?.` ?TY KC�L'ISIT'"Q:;", County Registry. ' Plat Boot rage. _16 ,, _ 1�2��, Orange TO PAVE AND TO BALD the aforesaid tract or parcel of land r privileges and appurtenances thereunto belonging to the said party o ofl the second part and its successor and assigns in fee simple o.forever. And the said parties of the first part do covenant that of said premises in fee simple and have the right to cony s simple; that.the same aro free from incunbrances; and that the• are seized and defend the said convey the yore in fee aid title to the samo against the claims of all persons�ant whomsoever. set their TrST hands a Zdi 'pw the said parties + rrd seal,,, the day and year of the first port have hereunto • ae, /I / ‘7‘ SrATA ..' '''' .J' year First above written. itobor't B. !ric;iols, Jr . . ___. f / (S AL) r� � ,4r aret R. Licnols (S=AL) i 79.4def:rsza.ct :. ttay), ""-- ..7.444.0, ...X.,___ _Lial..4.&4....1(SrAL) 1 ... e .ed, Waro-d E. 1..o. ' ex-M--Tcrotilm•e6 Vera ma) 1 ��. oar, :,r. t--'�L._�t4S `r (S1.L) I.I, 692.0e$'''...7....c2.4.06z...210716.... or A . • 4. :. -'attors•on, Sr. :J�•L) ;:0^:H CAROLINA 02= COUNTY ah / . N. C., dv i3er crt Sy at :tabcrt a Notary 1 Nichols; } r`Y' 0 antic of Orar.Ce County., ,ichals; :•There m C. Ra a ,� B. Nichols, Jr. and wife, Margaret Y. Vera C. y n., wife, Jessie N. P. - • r• •.r., ,,• . alker; Jones W. Tolar, Sr. and wife, I attic t. Toler persand ;,�,.�e� • 1 • ' �7 appeared bsfoi e nc! this daf ar•d "elilg•�1 Cd"T + ' ; r p- �o�al?•r.,.,,., , rr r 11 nnnn (11,11' ,� III ,� !I w� 11;3 U, I� ��' AIM �� 4M421 M the„ ,. ,,„ % ,J4.,, i .... . .... ..,.... .. . ..„ : • : .. • WIT:”:ss rr.2- hand and notarial l/ 1/. 0 1 1 rxal seal thin // �''.i,,,. _w t 1 T, 1 i • ...log...—,n Cr.t�G;,11'1A _ - 1111 canny . . U t ::a_ I• . Gam--.��., a :leery Public of ~th Ca:aline, to hereby ccr f"5i3E— Wir7' Cp,:n,.y, Patterson personally av ed „ A• H. Pat.cr,Yoa, Sr. ar::. .ra.zr•, •,:t;,ie I .peered before me this day and acknorwlecrcd the due I execution of the for ecoing instrument. •.,f.....4.••••;••...::. ;:... • . •rI�;IESS r r hand and notarial this Ada of G" .• seal. 1967. teams •o•'�:,. "r; / I 1 .^• �' ��.I . /j+fir �vre - ' " ..7..:.;.o.?: loy Commission expires:. ...1=4....L......42.... 4't'm CAROLINA I • • The foregoing certificates of bOl:,"1` r`v" aro ir'YO ti rre5 0► a:lv'S •`�l4 •L• 0: 0:__• ;C :AO, r bo correct. Let the foregoing instrument with tall�ce certificates be recd to o_dcd. Ii NESS my* hand this the , r , day of 1967.• • • . .••••----'' . ...e.R.f...z.... .., I • . • FM' 33VJ T� You • - 4.j.'IA.talleriGH • WWI AV SA1 coned lwu uo ponuTluoo uoygdTassop) H14,1 , w : • 4CuittuIPoq 3o 4u-fed JO oaetC' 041 01 lop: 119'54 tyo1. ICT? 00C ulsa1� ouVC Mou u oauotil :.xz u.zoa m u e 'x Zu�Fo1C 04 4033 GOtj 'u0 aLt 01S xCroS our rtou u oouain :,xau.xoa tau r fp u.Tod off, 1003 ti9'SL ¶st:T ,f*( ocic uo 7 luTed 2rpoTJT'4uap4 'uouraucu • y,noS oi: t LJU a oouo ;; :vac arc r417 D + • Clrii9iil 11 fill $151 lilli 111 11 ir n I II I II C' C ' - .44 (,,,,, , C' ° NO2.11i .Gi J.LINA • OR M== C'OUNTY THIS DUD, L ado this lath day of August, 1967, from LMT: m,:.;x;, INC., a corporation organized and existing under tho laws of the, State of .forth Carolina with its principal office at 110-A North Churton Street Hillsborough, North • Carolina,, party of the first part, to OPkvdI:: COUNT4 a bod•r State of North Carolina,• party of the second part; body politic of the 7Z •r NE SETH: THAI i+'HEZCAS, the second party needs a largo area.of land upon which to I construct a dare and impound water for the purpose of availing itself of a read/ source of water; and whereas, the first party o7:ts the real estate shown on the plot hereinafter referred to and has agreed, subject to certain conditions, to convey the major portion of said real estate to the second party for said purpose and has agreed, subject to said conditions, to convey to the second party certain rights and easements in and to the shaded areas aho:.n on said plat; I•:0; T:• RLFORE„ in consideration of the possible future benefit; which the first party eight derive from the rights and easements hereinafter reserved unto the first party and in consideration of the second party's undertaking to clear said land .and to construct and maintain a dan at the Southern end of said land to impound water thereon as a resevoir to be known as "Lake Orange", the first party, subject to the rights and easements hereinafter reserved, has ' granted and conveyed, and by these presents does give, grant and convey unto the second party, its successors and aasi;ns, the tract of land located in Cedar Grove Township, Orange County,. State of :forth Carolina, and more parti- cularly described as follows: 1EC;N:•iL'G 'at a concrete monument, control corner, identified on the Plat hereinafter referred to as Point A; thence from said ' beginning point along the property lines of J. W. Toler and C. U. Idughes Heirs North 30° 43' Vest 1,1100 feet to a concrete monument, a new corner with Ruches property;' thence a new line north 59° 17' :ast h00 feet to it concrete monument, a new corner; thence a new line 'South 30° 43' Last 235.03 feet to Point C on said plat, a newcomer and being the point at which the Northeast line of the "Spillway control area" shown on said plat is_intersected by the line identified on said pint as "Traverse 615' contour"; thence commencing at said Point C and following a new line (being said line identified on said plat as "Traverse 615' contour") to a concrete monument in the South line of Lno Cemetery property, a new corner; thence along the South line of said Eno Cemetery/ property South 85° 16' East 8G.72 feet 'to the South- east corner of said cemetery property; thence alonj the East line of said cemetery property as follows: North 4° 59° East 60.35 feet, Uorth 2° 50' Last 07.54 feet, and North 2° 50' Last 23.24 feet to the north- • east corner of said cemetery property as shown on said plat; thence along the line of said cemetery property North 62° 55' i cot 142.87 feet and lo:th CI ° 55' ~lest 55.15 feet to a concrete monument in the Uor`h line of said cemetery property, a new corner, being the point at which • the North line of said cc ctcrr property is intersected by t;C ;slag 1111111111 II 11111 !II . • " . •1 • • . 0 C . - .d.04 . ::; ni •cA,..)ii::A ORAJG% COL TZ . THIS S LD, L ado this lath day of August, 1967, from LAXI affil;. INC., a corporation organized and existing under the laws of the State of .forth Crolina with its principal office at 110-A 'North Churton Street, 'fins''orough, North Carolina, party of the first part, to OW GL Ct)U?Tt, 1 body politic of the State of North Carolina,• party of the second part; • • r71TNESaHI • THAT 'i L M::MS, the second party needs a largo area.of land upon which to construct a darn and impound water for the purpose of availing itself of a ready source of rater; and whereas, the first party o7:is the real estate shown on the gist hereinafter referred to and has agreed, subject to certain conditions to ! • " convey the major portion of said real estate to the second party for said purpose and has agreed, subject to said conditions, to convey to the second party certain rights and easements in and to the shaded areas sho:.n on said platy NO; THERLFORE, in consideration of the possible future benefits which the first party might derive from the rights and easements hereinafter reserved unto the first party and in consideration of the second party's undertakire to clear said land -and to construct and maintain a dam at the Southern end of said land to impound water thereon as a resevoir to be known as "Lace Orange", the first party, subject to the rights and easements hereinafter reserved has - granted and conveyed, and by these presents does give, Grant and convey unto the second party, its successors and asaims, the•tract of land located in Cedar Grove Township, Orange County, Stato of North Carolina, and more parti- cularly described as follows: D GIIJ;•ING 'at a concrete monument, control corner, identified on the Plate hereinafter referred to as Point A; thence from said beginning point along the property lines of J. N. Tolar and C. U. 'Ouches Heirs North 30° 43' hest 1,400 feet to a concrete monument, a new corner with t•ughes proaorty;• thence a new line north 59° 17' East WO feet to a concrete monument, a new corner; thence a new line South 30° 43' i:ast 235.03 feet to Point C on said plat, a now corner and being the point at which the Northeast line of the "Spillway control area" shown on said plat is_intersected by the line identified on said pint as "Traverse 615' contour"; thence commencing at said Point C and following a new line (being said line identified on said plat as "Traverse 615' contour") to a concrete monument in the South line of Two Cemetery property, a new corner; thence along the South line of said �o Cemetery property south 85° 16' East 8G.72 feet •to the South- . east. corner of said cemetery property; thence alon'g the Last line of said cemetery property as follows: North 4° 59° Last 60.35 feet North 2 50 Last 87.511 feet, and North 2° 50' Last 23.24 feet to the North- . east corner of said cemetery property as shown on" said plat; thence along the line of said cemetery property North 62° 551 Vest 1142.8o feet • and 'forth, C4° 55' west 55.i5 feet to a concrete monument in the North line of said cemetery property, a now corner, being the point at which • the North lino of said cemetery property is intersected by the line identified on said plat as"Travcree 615' contour"; thence following another portion of said line identified on said plat as "Traverse 615' •• : contour" (crossing Two five • ( �, r .at it,, Northernmost point as shown on said _- - �1 Fh ���y-rto_gip�-1I�y co trvlla c s•nthcnca talor�t♦� nor-1�a.�M °line-or ---- ----_=- _ ._.- —�= - °nid "s illy ' I east line o i said "spi iway control. area'! South 0�' L3' sa ;. 3 t �f.9© A/tif �_A w w.. �...__�_ is ....r—..1r—+ter _..,.'.''''-'..• - ,..L. .-.:..............% • • • • I • • • • .. OTTE cLr o"IP:A I (i.,./4.441j&... cam . . . 1' f., .I_.¢u.Ae„, a Notary Public of u t I :.orth Caro .a, co hereby cc ws'�l�,,.�"`a� A. H. Patterson, Sr. ai::: :r �,rf wCo.n..y, L. ',.,44.erson personally appeared before me this day an ackno w1edg ed�they due execution of the foregoing instrument. . •::.�r�"4:•:. .,.._. , . .7rzim$. nor hand and'notarial this of lY . ..cal` / day o_ • �' _ , 1967. r commission expires:. /� C . CS/ • , NORTH ^,.1:a.= r - The foregoing certificates of c ,-r.G- of O:ai;c rCoti. "�' , :orn�arolirw attested by wt ~ Seals are adeu to cdrrect. Let the foregoing instrument ithll certifi catcs be recorded. • �i:'2.' 5 hand this the day of 1967,.....2/L4----1 d..1---4 -44/e:1-----11 1 • Ji' .cc.i��? Liala NORM CAROLINA. 0.W:Cr. COUNTY ' Filed for registration . X., .and recorded in Deed i1oo�c co •o�clack "� at:ka Aa • _ FILED �1ix oc ::: el • • BETTY �tlhc NaYES •; REG1C COUNTY' ' , i • • . , ` Pah • L u • . • . • ! containing`" C 156.E acres, according to plat and survey of Hebert A. Jews, Registered surveyor, dated June 16, 1967 entitled "LAKE 04.x4 Pla:lairi u:;', which Plat is recorded in Pint Book 16, Fagei 12, Orange County Registry. • 'I .nothing hors;nbcfore nor hereinafter act forth in this instrument shall I be constried to reserve to the first party any rights or easd:^..d.nts of any kind in or to the areas identified on said it as "DX: CL::,t-i:: Ala) on r••,,,- J . •. A which area measures 400 feet in width and 105.64 feet in length • inclusive of the shaded area on the Southeast end thereof measuring 75.64 feet, by 400 fee:. Exclusive of the sai d • n- •iM •, CLUB= '.C:'J S?IwL';1.1'! CD;:TRJL AREA" as shorn on said plat, the first party, for itself, its successors, assigns, licensees,invitees and guests, does hereby permanently and perpetually reserve unto itself, its successors, assigns, licensees, invitees and guests •; e foliating a:i n"r g h.s and easements in, over, along and through(the said property hcrEi:bcfor e cents �d � in, over, upon a:4 through any and all waters :hich'night from to Imo be impounded or located thereon; (1) d permanent and perpetual right and'easement of ingress, egress and . . I regress over, along and through : all of said property for the pompous of pzvvid- i;; free•and `::.obstructed passage upon, access and entry to and iron the above described land at any point or points rich the first party and its successors and assigns might deem desirable froia time to time for the full beneficial enjoyment of all rights and easements hereinafter reserved. . (2) All recreational rights, privileges and uses thereof together tii.th the sole and exclusive right to authorize, permit, control and supervise the same and the sole and exclusive right to charge and collect fees for such rights, privileges and uses; and all Tees so charged for same shall be the sole and exclusive property of the first party, its successors or assigns; said recreational rights, privileges and uses hereby reserved unto first party I being as fellows: .(a) the exclusive rigout to authorize' control and "supervise . a fish stocking program for said waters and the exclusive right to fish and to . control fishing in and upon such waters. exclusive control and supervise boating activities (b) tyre waters, and right to autliori::e,� on said ~caters, and, the exclusive right to authorize, control and determine the types of water-craft and vessels to be permitted on said waters; provided, however that nothing herein shall be . construed to restrict the second party, its agents servants and employees from operating without charge such :later-craft on said waters at such time:. t be reasonably necessary to enable the second party as shall r "tY to fully and adequately inspect said land and waters for possible problems of erosion, silt, pollution I and other hazards which might from time to time materially contaminate or t otherwj o materially endanger said water supply. (c) %Wm •exclusive right to authorize, control and supervise waterskiing . exclusive right to set reasonable safety standards for said waters and the •ra..'�M'_•rs{and }}�.��t��oLLenforce sucl��r.standards. � { aver•r�.cll aCtivit.;.egs on slid . •••ain maintain, authorize, control and supervise boat launching,right ock, Ya.and construct, facilities and boat 1.'1�unc(h+u�., dacr._nM arm landing maintain h�o}u�s=/n�g definite said property. (e) the exclusive right to said aside, ma stain and control definite areas aloe and u�.on the shores of said waters for picnicing and camping purposes. �.•. purposes. ('f) the exclusive ri.h t .to _. . • a•1t erizo, control and:'soar vi..c sud.mming activities-in 'and upon Bald :raters; Pray idol;'Piowc ror, that such activities :hall be conducted in strict accordance I, with the rules and rcggulatioua of the north C:� '&? ... ••....__._____ r . . . may deem necessary and proper for tho beneficial use and enjoyment of the right , privileges and easements hereinbeloro specifically reserved. (3) The permanent and perpetual right and easement to withdraw without charge and by pump so much water from said lako a: shall. from time reasonably to �� �� " "�� to time be l.y necessary o water such cattle as may from time to time be • pastured on the land now o ned by Harold E. Walker and described Deed recorded . in Deed rook 107, Pace 81, Orange County Registry. Also reserved is the right ; to install a pump on said land at a point convenient to first purpo.o of cffcctuatin;; the aforesaid water right. TS i hexnres party for :d, however, that nothi-►g herein contained shall alter or affect ].y understood, ' . duty of the second party relative to said lake waters as set forth in paragraph immediately following. • IT IS EXPRZSSLY UNDERSTOOD ALD AG , however that its successors and ass, s shall is the second party and Cl� , hall have no duty whatsoever at any time to maintain any minimum level of water on the above described land and the second party shall, have the absolute right to Withdraw all waters which.many from time to time be impounded on said land or to withdraw amounts and at such times as the second party in its soleidiccr,etivn mayJdeea I desirable. And the first party, in consideration of said possible future benefits as hereinbefore stated and in consideration of said undertakings by the second party as heroinbefore stated, does, hereby GiVe, grant and convey unto the second party, its successors and assigns, a pcz_na�•ient and rp,.r e • te;nooraril "floe " such of said lands represented by the shaded areasrsho n on said, p-ta as are not previously heroin or otherwise been conveyed • se nd party, said "flood" easement hereby Y d to the only such flooding as shall. proximately resultfrom tfreshcits�and eother iuneSuala O rolofl fo a ni ..t e. The shaded area to 1; icfl h`s "flood" easement is applicable is identified on said plat as "LAX. U FLOOD STA;;:^, 45i.L.UT"• And for said considerations, tho first party does hereby give, grant and convey unto the second party, its successors and assigns and perpetual easement of ingress egress and rem l upon onrndent through said lands represented b +" C �"'cs5 over, along, upon 'and P y said shaded areas on said plat for the purpose of inspoctinf said land and waters for possible problems of erosion, . silt, pollution and other hazards which might from time to time materially contaminate or otherwise materially endanger said water supply and for the • purpose of melon.; such rcpairz and improvements thereon as shall, be reasonably necessary to correct such hazards as may then constitute a clear and present threat to said water supply. TO HA': AND TO HOLD the aforesaid tract of land and all privileges and appurtenances bciongine, together with the easement rights heroinbefore Granted to the second party and its successors and assigns forever, subject, however, to all rights, privileges and easements hcreinbefore expressly or by implication reserved unto the first party and its successors .and assigns. she said first party doth covenant that it is seized of the said property and rights hereinbeforo conveyed in Pee simple and has the right to convey the sane in tee simple; that the said property and easement herein conveyed are free from encumbrances, and that it will forever warrant and defend the title to the property and casement herein conveyed against the lawifil claims of all persona whomsoever, subject, of course, to the rights, easements and privi- . leges herein reserved unto the first party, its successors and assigns. _ — � y}a acco.•rd party,bitsoauc r-binds-and alai , i + y i•tw�Vi�•�it�R•/-..w•MYV.rV JOrJ and �41�I- Yj r:�_..-..,-_..,:___ .-. to •.. P y, successors ► " I suits, actions is (�'► , h1:r�we,,,, against all debts, damages. costs. G�far^Q^ and 00Trinw...r" s__n---'2- - .. - -----•�----•......, ...___. �.... . . . ..: ........._�.. .•:..••••••._. . -. • II II . The first party further hereby forever binds itself, its successors and a:signs, to exercise due care and diligence in preventing persons from enca;;inw in any unlawful or offensive acts on said lake, and will reasonably I ^vintai n the surrounding din;; area in a clean and sanitary condition at all times • . and shall. at all tiros preserve the waters of the la;cc and the corn oundi^•;; area in a clean, pure and sanitary condition all in accordance with the rules and reculationo of the North Carolina Department of Public health. . he4irst..,,uarty,.hg+'eay.,fqrevcr.._binds,itself..and its successors. an: ansicn. '•1„q0.1 .M thert e-sha:cd ar cps•.of...land-on:.;aid-plat nor the ri<;ht.. and • : oa►emants.4;PreireserveCun ess-'.and until the first party has offered in zrit;^.;; to.n ells saae.-fo: cac to' tie 'second party at the same price offered by • proposed purchaser and unless and until the second party has tailed to unconditionally accept in .a:Ltinz said offer ulthin thirty days of the date any �I aid ur itten offer:tosellis:fir;t 4clivered to ebon of the Orange Count;; Board of Coanissionera;. The second party shall have thirty days after 1 . 1 data of said unconditional acceptance of said offer in which to tender said I purchase price in cash to the first party, and failure of the second party • lto r,1:,ko said tender in cash within said thirLy-day period shall cause this • ri ht of first refusal to became null and void. - 1I + IBS :: TL;J:;t �7•iLRE0r, the first party has caused this Deed to be sicncd .»n its corporate name by its President and attested by its _ Secretary, I • and sealed with its common il;;on corporate seal, all by authority d 4iven by its Board of Directors. ` e • . BY; %.411111F.4' . ,r; 1 .11 ';.01414.'". . •o £ 1 . L'1' ti` P fj .• : ryry��mrr /�' 1 •y •'1 •,.r3 1 •• 0 ..:• This is to certify that on the G("hday of Aut•us t, 1967,' before no personally ca-aen.2/a 1 sy ,, with whom I an personally • acquainted, who uein;; by me ahsy sworn, says that he is the secretary and Robert 3. riic iols, Jr. is the President of Lake 'Oranze, 1767,—d7orierationi ' organized under Chapter S$ of the ?forth Carolina General Statutes; that he . ;mows the common seal of said corporation; and that the seal affixed to tho fora oinc instrument is said common seal, and the name. of the corporation was ! , subscribed thereto by the said'President• and that said s President and I iPre . k I Secretary subscribed their names thereto and said common seal was affixc ` I by order of the Board of Direectors• of said corporation; and that the said .instrument is the act and dead of said corporation. . - I . • •• 1 •M A hand and notarial seal, this j4 day of fataust„ 1967.•••. I !.. w..•.rt west ..._i 4___ • t LA I ._ ,,.i3q..,_ t e I! I . —41441 .4. 7 ..s,..." . I! .f... - ...! •.i' . ',re':,....- . I I II by , . . .k • .- _..:tili:, ,..— ,1 NORM: CC:..:NLA '''' l'i:-', ' -61.4' 1. 1172 •:. - 1 I OR-3 : ::7NTY .., 4,,, .„... .,,..„.. ..,„.,,,...ic.: .......•_.... -:' i '• --A.7.-.--: 11 17:s :Asznms:, From LAKE ORANGE, rsc., a Nrrth Carolina Corp : : 4-1,■. ' ;,...i ,..- • - 1 party of :he firs: part; Co HAROLD E. WALKER and wife, ''.*E3A C. WA.:-X..77., -; .--, -.▪' ;e _ •", ..- . ' A .!''. : •.: ',. ;"it . '''' ;,.....:' ;:1 ,r•-■-,, I of the second part, of Orange County, North CAzzlita; .14 -4 1...- 1••• - 1 1 .'11.k.-c.:' .r!`:',It'-.*-71.' SIAM:ESSE:7H: rat the first party for good, vela-able and acecuate considerarisns ,.f,,,, ,, ▪ ,,. 1 inuring to the benefit of the first party, does hereby give and con Os vey -.: :: ..... 1... , ir,Ii421 ; • IL,,,,pagi-t.i. second parties, their heirs and assigns, a pet-h=er.: and perpetual eas -t :: ,t,.:1-4,,I.A.:-.,070,,Vi"•,, '" ingress, egress and regress over, upon and througn the area of land 1:::::: t. ...41• o'''' le '',.., 4,1. Cedar Grove Tounship, Orange County, State of ::orrh. Carolina, more par-. '.1r:. ;* 't.":-..'",'. ‘4.. •--t: idemcifted and described follows: ").111s.e.,,,,:).,....7.-.,•i. -4., r-4-i.: 3ErNG all of that shaded area of lend f.dentified on the legend ci •..?..e •A idg.'•■•',,`' • ‘2•' A:....‘,; •:i'::•- ;,_.• 41 --• 11 plat hereinafter referred to as "Naximum Flood Frage Easements' which lies • ,.., between property identified on said plat as "Es-re'li T.. Walker" and Lake 'rani • 1 proper, said plat having been prepared by Robert A. Jones, Registered Servey:r. ::,d:1:. 's. ":,,'-.....:',, i on June 16, 1967, entitled "LAKE ORANGE PRC?.=.: IC-QC:SIT-10N" and being -t-- •4 --:' ;',...-;" La the Orange Canary Registry in ?Let Book 16, Page l2. The said shade! trea 4 cio. '°.:• -i."v.1:::::A. . •i.- :- ''.- .,1.,1011 of lar—..a to which . is easement is applicable entrhtzes on the West site .. • . ..''4.4:::A1;41 ;1":!•.. West a^. of 1.a:ae Orange at the J. W. Toler prrpert7 line and extends ::::-.7-ia:e.! 1:...tex,,, .-,.:4.-,,_z ,-,,,,..•.1.-.-, to the South line of the A. H. Patterson prc;er-ty; thence said area ezrenis • ..."' 1." •:------..A.,r,-i,,- ;. --; - Easterly along the Patterson property line =d ::-:ence ex:ends Souther:47 a:=1 0)itp :z''.;,. •4., ,i1.'; . .. T v tl.r..-..:4;1'' the Eatzle. E. Welke: property line to ts.-.e plinz rd conver,gence of the. -.:cs:::. i' arr. of said Lela.Orange and the Eastern a.= .r.! said :-tke Orange; rhente :.:!: ' ...-242.':1:kInt i-1-... -...,...i.;,•, .,7:-....,-. shaded area extends &long the West side of the Eastern arm of Lass Cr. ; tr. s i„,i, F-:..',.....:',.-6; • ,....!t4, ■'= ,.-;,.‘ •‘',._-',6, Northerly direction to the Eno Ce=zery; thence tha said area co=----' ....."' ....-;:i- f-. ,:;:::_'-`t, li::.., , t:e at the North line of said cemetery and exteni.'s in a Northerly direcri:n .'.:- T . 4 41.j. ',•....-1:. 6..-"*A-••* • • .. .. _,..4 the west side of the Eastern arm of said Lake Or.thge to the A. H. Pa:r•-•::i:n =:4* 14 , :::2.12'.,:t • ` y ---., .0-- property line. .-1.4.1. TO B.6*ITE A,. TO HOLD said rights and ease=nts of ingress, egress =•1 raszess unto the second parties and their heirs and assigns. U.LOFTIN , " 0: ,,• P1.-'1.4':::4--t, .. V' •i &TIMMS',AHD cou.scua+ Ar 4 the first party dccs hereby coven : that it is seized c: ss!,: :1'.4 -:EV ii :ri;,..7,1,:„.._-. .!-•J:., ' . ar YIN ' 1411.6/80•010314 n.4., ,.1'., , fee sile and has the right to gi and d ==.-.-ey :he said easenents here:" i •I s- -''34--a.}:arl,„,....'r, • r —,i',.. ,Ili 4 4t0v- 1,f' Lri n3:3 i..1 ....9 ..?,t4z7/3-i- .ftva-v . ).'-''` i "71.17:Alf,illqii 14,ti'.;: ; '1' . 1'-'4 ■•, 6 ,Tz - ' • ,i 11-".. ..44 . 0 • ' I.., 'IL iTs, ,- ,. h i. :rte, , L i fa ii `_:• ` : ; . . �r�:: •i *'r- I ranted to the second parties; that the said easements are free from encumbranc 1372 :;f.:: i '-',. : pI & p A. II and that the first party will forever warrant and defend the title to said 'ration, A,..... 1 a•... I • ",., .' ' ;y. I easements against the claims of all persons whomsoever. 1 ';, . I . '. LP e,brJr' •R• parlioi,,y,•„• ,k'.•,;.1;4 � I:1 TESTIMONY WHEREOF, the said party of the first part has caused this � C ;, (!∎,.4r I Easement to be executed in its corporate name by its President and witnessed it t yi•.1 ;" rt•;::. ry corporate seal 'hereunto affixed, all by authority of �� ,'a• . ate,..:;. ! by its Secretary and its to •1 ,; its Board of Directors duly given. toy veto it , .:',.-0: TY,.I^`;:"" ;`}.�_ ORANGE, INC. d ;: zaecent e” ,, , •. ATTEST: BY G` ;1' i;�/ %" f; locatad iil+: T3 �J A s / r PRESIDENT i- 11 '+rtievlat SECRETARY � am' NORTEt CAROLINA • "i .e%, . I. :: id _ ;• r,-•.~A"',� '. ••,,. ,r ,,,ORANGE COUti`1Y :•�.`' i II d o f e.te.,nv' rt; �._ - `' , "'r i This is to certify that on the 25th o f--,, - nee ;.a•k...�e Y day of MaY 1972, be£exe ce personally came Harold E. balker � i,,_ 4. . with whom I am personally acquainted, I I ,ai:e Qrlerl! `�+.• !aa{. who being by me duly sworn, says that he is the Secretary and Robert B. I , \ichels,Jr.is the President of Lake Orange, Inc., a corporation organized under � *',}•`- Chapter 55 of the North Carolina General Statutes; that he knows the cotton d Sur`eej,.� " ^.,4, seal of said corporation: and that the seal affixed to the foregoing instrumen5 �! [ng ceeel6?. �� u"`: is said cor on seal, and the name of the corporation was aubscr'_bed thereto by n��' - the said President; and that said President and Secretary subscribed their 1 Ei �; i Iii: - '' I sn• t``.;�` names thereto and said common seal was affixed all by order of the Board of led ayet.,�•» , , ,-.. ;a tIru Directors of sa*_d corporation; and that the said instrument is the act and tds of ''. ,; .. ..}.'� a—„,......■ deed of said corporation. I 1 7 tiorthvlet[ , . , WITNESS my hand and notarial seal this 25th day of May , 1972. I H tiocaryr P�blr!c . • axtends ,,, .:: . ._.I v iv vl,� _•r v s� I, My comMission.expires: 1-6-75 NOTARY PUBLIC 1i M I !; ly aleni:) • a i, , , i_ r tee thA '- .d”13f., A` ,•• • A A4 STATE OP NORTH CAROLINA-ORANGE COUNTY range f w ..•.: :,=r: ��',d., �.µ'.',.',.r. rug FO !OOaNG CIaTIRICAT[1 o■ Alma Andrews ' yes agel�! ;f:!::,',''''''+`1,„...� 9::;/F — . "• A Nor,.v{axxx'im=PYelC OF THE oesIGNATEO GOVERNMENTAL UNI $1s 1 CIPIEO To st{r .CF. 'A [ CORRECT ,X : 1.'.r' TrIIsTNR 25th aArDf P A,D.19 Z 1••1 `S 4 2s 11"1 • . I .. Ila tole . . BETTY Y'S �, "1'y: ,' JVNa MAYES.REOI$TER OP DEEDa sr: _Er'Y rJ •- •,� . h ay cc r:-.yES _ ,; . ; ? '- Dalton AMSTAR • t . ,�, '!' %; RETURN: RECISTlR OF DelOS GRANGE Bt r< 235 i'tz S33 sad r• ,, : •.. ,..t.,r,e eel..uACA.I • VIU'r r, S. S••u.:ee•eve.•v.e.ire»II 1 ha r �, .•NI?._,� . ' v7,',.? ';'4;, 1, yC:. ;,,; tti I amism Blackwood Mountain :J Route 8, Boxes 94,95,96 Chapel Hill, NC Tax Map reference 7.19 March 18, 1987 Orange County Planning Office Attention Mr. Don Powell Hillsborough, NC To the Orange County Planning Board: We the undersigned, request that our addresses on Route 8, Boxes 94,95,96 be changed under the new plan to numbers on Mill House Road, Blackwood Mountain, Chapel Hill. We do not wish ,to be assigned addresses on Manor Drive as pro- posed for the following reasons: 1. The name Manor Drive was chosen by the recent owners and developers of Manor Hill project without any consultation with other people who own land along the drive and have lived there many years. We have perpetual right of ways to our properties as noted in official deeds. In addition, we have done all of the maintenance on the road without any assistance from the Manor Hill developers. Therefore, we should have been involved in the naming of the drive. 2. Our properties are located in the area that has been known as Blackwood Mountain for decades. Property in this area was deeded to the Blackwood family in a land grant from King George of England and has been owned by that same family until recently. This information should have received serious consideration in matters concerning the naming of this private road. If you have questions concerning this request, please contact Linda Barnard at 942-4801. Sign !d, f_ - Cecil Griffin r eiv , Carolyn Griffin a W. '_m Newnam - cinda Newnam "� I / r caber- Barnard } 'n_ v ).;., e Linda Barnard AN AGREEMENT BETWEEN ORANGE COUNTY, HEREIN THE COUNTY, AND WOOLPERT CONSULTANTS FOR THE PROVISION OF TECHNICAL ASSISTANCE IN DEVELOPING AN ORANGE COUNTY RECREATION & PARKS MASTER PLAN, HEREIN THE PLAN. SCOPE OF WORK Woolpert Consultants will work closely with the Orange County Recreation and Parks Department, and the Orange County Planning Department to perform the consulting services associated with the formulation of the Master Recreation and Parks Plan (hereinafter the "Plan" or the "Project" as the context dictates). Woolpert Consultants proposes to act as Project Manager, responsible for the organization of the Project, and directing the other team members in completing their individual tasks. Representatives from these three groups will be referred to as a Project Team. The objective of the planning process will be to provide Orange County with an accurate, usable plan to guide its actions and decisions concerning the use, improvement, and development of its recreation program and park system. Emphasis of the process will include educating the community on the importance of good planning to insure recreational programs are offered, parks are developed, and open spaces are acquired for future generations to enjoy in Orange County. The Scope of Work is organized in five related components: Master Plan Purpose Statement with Goals and Objectives; Evaluation of Current and Projected Factors Pertinent to Orange County; Analysis of Current Recreation Programs and Park Facilities, Development of Recreation Standards, and Community Needs Assessment; Plan Proposals and Recommendations; and Action Plan Implementation. In consideration of mutual promises and conditions stated below, the County and Woolpert Consultants agree that the approach for performing the work, descriptions of services, and proposed individual team member responsibilities for each component, are as follows: COMPONENT PLAN PURPOSE STATEMENT WITH GOALS AND OBJECTIVES Woolpert Consultants A. Woolpert Consultants will organize the Project start-up meetings with representatives from the Recreation and Parks Department and Planning Department who will actively participate in the Project. Individual project responsibilities and milestones for completing tasks will be shared with the Project Team. Background information such as the studies prepared during the 1970's concerning recreation in Orange County, demographic data, mission statement, etc., will be reviewed by the Project Team. B. Woolpert Consultants will work closely with the Project Team in identifying specific goals and objectives to be embodied in the Plan. Emphasis will be placed upon identification of directed goals and objectives which address local needs. C. Woolpert Consultants will responsible for formating, typing, and quality control of the Plan, including this First Component. A word processing system compatible with the one being operated in the Orange County Recreation and Parks Department will be used in preparing the Plan. Upon completion of the project, the data diskette will be delivered to the County for future revisions. The data diskette(s) submitted will be compatible with the Recreation and Parks Department's micro-computer system which utilized (hardware) an Olivetti, Model M18DT-2, and (software) the Olivetti wordprocessing system, "Wordstar," MS DOS 2.11. Recreation and Parks Department A. Recreation and Parks Department will be responsible for writing a draft mission statement to be included in the Master Plan. B. Recreation and Parks Department will summarize the goals and objectives discussed during the start-up meeting and write a draft to be included in the Plan and deliver it to Woolpert Consultants for final typing and editing. Planning Department A. Planning Department will participate in the start-up meeting by assisting in goal and objective formulation consistent with those of Orange County. B. Planning Department will be responsible for preparing all graphics, including maps, plates, etc., which will help support the text of the Plan. Initial graphics to be completed during Component One include Plan cover design, large-scale vicinity map, county base map, and individual township base maps. COMPONENT TWA/EYALUATICN OF CURRENT AND PROJECTED FACES PERTINENT TO ORANGE COUNTY Woolpert Consultants A. Woolpert Consultants will organize and participate in a second work-in-progress meeting with the Project Team to review the work completed in Component One, and to discuss demographics and sociological factors relating to Orange County. Woolpert Consultants will assist in the identification of pertinent information to be used in the Plan. B. Woolpert Consultants will complete a written inventory of existing and potential recreation and park sites in Orange County. Inventory information previously assembled by the Recreation and Parks Department and base maps prepared by the Planning Department will assist Woolpert Consultants in completing this task. A photographic (35mm slides) inventory of existing facilities will be prepared by Woolpert Consultants. The photographic inventory will become the property of the County upon the Plan's completion. C. Woolpert Consultants will organize a Master Plan Advisory Group, composed of representatives from the Orange County community not involved in the actual production•of the Plan. The Advisory Group's function will be to review work-in-progress and provide community input into the Master Plan. The first evening meeting with the Master Plan Advisory Group will be to review completed work of components One and Two of the Plan. D. Copies of a preliminary draft of Components One and Two of the Plan will be provided to each group member for review. 2 Recreation and Parks Department A. Recreation and Parks Department will complete a written inventory of existing recreation and park programs, areas and facilities offered by public, voluntary, and private agencies. B. Recreation and Parks Department will participate in both the Project Team and Master Plan Advisory Group work-in-progress meetings. Planning Department A. Planning Department will prepare a written evaluation of current and projected (20 year) demographic and sociological factors pertinent to Orange County, including composition of the population, population growth projections/trends, economic factors, and community land use patterns. Planning Department will provide a draft of its evaluation to Woolpert Consultants who will in turn, type and edit the evaluation for inclusion in the Plan. B. Planning Department will prepare a written evaluation of current and projected physical factors, including land use, topography, highways and roads, physical barriers, and water resources. Planning Department will provide a draft of its evaluation to Woolpert Consultants, who will in turn, type and edit the evaluation for inclusion in the Plan. C. Planning Department will be responsible for preparing any necessary graphics, maps, plates, etc., to help support the text of Component Two. D. Planning Department will participate in both the Project Team and Master Plan Advisory Group work-in-progress meetings. COMPONENT /ANALYSIS OF CURRENT RECREATION PROGRAMS AND PARK FACILITIES DEVELOPS OF RECREATION STANDARDS, AND COMMUNITY NEEDS ASSESSMENT Woolpert Consultants A. Woolpert Consultants will organize and participate in a third work-in-progress meeting with the Project Team to review the work to be prepared in Component Three. The Project Team will evaluate current recreation programs and park facilities, develop recreation 'standards which will become part of the Plan, and assess the recreation needs of Orange County. B. Woolpert Consultants will develop recommended recreation, park facility, and open space standards tailored specifically for Orange County, (guided by those standards established by the National Recreation and Park Association) and compare existing (a) outdoor recreation program facilities, (b) public open space and park areas, and (c) indoor recreation facilities with these Orange County standards to determine unmet needs. C. Woolpert Consultants will assist in identifying and describing to the Recreation and Parks Department unmet recreational needs within Orange County. Woolpert Consultants will provide assistance to the Recreation & Parks Department in the comparison of existing recreation facilities to the standards developed in Component Two. D. If the Recreation & Parks Department elects to conduct a survey of community perception and attitudes of existing recreation facilities and services in Orange County, Woolpert Consultants will assist in preparing the survey and training the volunteers who will conduct the survey. mmh D. Woolpert Consultants will be responsible for formating, typing, and quality control of Component Three. E. Woolpert Consultants will organize and lead a second work-in-progress meeting with the Master Plan Advisory Group. The purpose of this meeting will be to review the completed work of Components One, Two, and Three. Copies of a preliminary draft of Components One, Two and Three of the Plan will be -provided to each group member for review. Recreation and Parks Department A. Recreation and Parks Department will be responsible for conducting public information/input meetings in each township of Orange County to identify recreational needs of the community not being met. Woolpert Consultants will provide guidance on what information is needed and how the meetings should be conducted. B. Recreation and Parks Department will prepare a written evaluation using the standards developed in Component Two of existing recreation and park programs based on information obtained through the public input meetings and a comparison with recreation standards prepared by Woolpert Consultants. This comparison task will be led by Woolpert Consultants. C. Recreation and Parks Department will participate in both the Project Team and Master Plan Advisory Group work-in-progress meetings. D. (Optional) If so desired by the Recreation and Parks Department, the department may conduct a random community survey of perceptions and attitudes of existing recreation facilities and services in Orange County. The exact survey technique and sampling methodology will be determined by the Project Team.. PLANNING DEPARTMENT Ati Planning Department will be responsible for preparing any necessary graphics, maps, plates, etc., to help support the text of Component Three of the Plan. B. Planning Department will participate in both the Project Team and Master Plan Advisory Group work-in-progress meetings.. COMPONENT FOUR/PLAN PROPOSALS AND RECOMMENDATIONS Woolpert Consultants A. Woolpert Consultants will organize and participate in a fourth work-in-progress meeting with the Project Team to discuss the Plan proposals and recommendations. B. Woolpert Consultants will formulate the proposals and recommendations. Emphasis will be placed on current needs, projected needs, methods of financing, administration and staffing requirements, and proposed operating budget. Proposals and recommendations will be formated for individual townships and the County as a whole. C. Woolpert Consultants will be responsible for formating, typing, and quality control of Component Four. 4 1 - Recreation and Parks Department A. Recreation and Parks Department will assist Woolpert Consultants in developing proposals and recommendations for the Plan. B. Recreation and Parks Department will participate in the Project Team work- in-progress meetings. Planning Department. A. Planning Department will assist Woolpert Consultants in developing proposals and recommendations for the Plan. B. Planning Department will be responsible for preparing any necessary graphics, maps, plates, etc., to help support the text of Component Four. C. Planning Department will participate in the Project Team work-in-progress meeting. OOMPONENT FIVE/ACTION PLAN IMPLEMENTATION Woolpert Consultants A. Woolpert Consultants will organize and participate in a fifth work-in- progress meeting with the Project Team to discuss the action plan implementation of the Plan. B. Woolpert Consultants will formulate an Action Plan to meet the unmet recreation needs of Orange County. Each township will be studied and related to the County as a whole. The Action Plan will address unmet needs as it follows: (a) outdoor recreation program facilities, (b) public open space and park areas, and (c) indoor recreation facilities. Special emphasis will be placed on the utilization of existing resources. C. Woolpert Consultants will prepare detailed cost estimates of all proposed development improvements. D. Woolpert Consultants will be responsible for formating, typing, and quality control of Component Five of the Plan. E. Woolpert Consultants will assist the Recreation & Parks Department in preparing a 5 year and 20 year priority schedule for the Action Plan. F. Woolpert Consultants will organize and lead a third work-in-progress meeting with the Master Plan Advisory Group. Copies of a preliminary draft of Components One through Five of the Plan will be provided to each group member for review. Recreation and Parks Department A. Recreation and Parks Department will prepare a priority schedule of the Action Plan for land acquisition, construction of capital improvements and renovation of existing facilities to include a 5 year plan and a 20 year plan, the latter in 5 year segments. B. Recreation and Parks Department will write an Executive Summary of the Master Plan report highlighting the key issues and recommendations. C. Recreation and Parks Department will participate in both the Project Team and Master Plan Advisory Group work-in-progress meetings. 5 D. Recreation and Parks Department will be responsible for final copying of the completed Plan. Planning Department A. (Optional) If so desired by the Recreation and Parks Department, the Planning Department will prepare a camera-ready written and graphic summary describing the planning process, proposals and recommendations, and implementation program for the Plan. This summary will be intended for public distribution and educational promotional activities within the community. B. Planning Department will be responsible for preparing any necessary graphics, maps, plates, etc., to help support the text of Component Five. C. Planning Department will participate in both the Project Team and Master Plan Advisory Group work-in-progress meetings. r In addition, the County agrees to provide the following materials to Woolpert Consultants: a. Study entitled "Outdoor Recreation Development - Orange County, N.C. (1971) b. Study entitled "A Plan for Recreation and Parks - Orange County, N. C. (1974) c. Orange County Land Use Plan d. Orange County Subdivision Regulations, outlining requirements for dedication (or payment-in-lieu) of open space for public recreation. e. An inventory of areas of historical, cultural, and archeological significance. 6 r PLANNING TIME FRAME The planning process will take seven and one-half (7.5) to eight (8) months. The work tasks with projected completion dates are as follows: SUBMITTAL Work Task Time Frame BENCHMARK (on or before the week of) - Award of Contract March 24 - Start-up Meeting with Project Team April 7 - Prepare Purpose Statement with Goals & Objectives April 7 - April 27 - Format, Type Component One April 27 - May 4 - Second Meeting with Project Team May 4 - Evaluate Current and Projected Factors of Orange County May 4 - May 25 - Format, Type Component Two May 25 - June 1 - First Meeting with Advisory Group June 1 - Review Components One and Two June 1 - June 5 - Final Edit, Type Component One and Two June 15 - June 22 30% - Develop Standards for Orange County June 1 - June 29 - Conduct Public Input Meeting April 7 - June 29 - Conduct Community Survey April 7 - June 29 - Third Meeting with Project Team June 29 - Prepare Needs Assessment June 29 - July 20 - Format, Type Component Three July 20 - July 27 - Second Meeting with Advisory Group July 27 - Review Component Three July 27 - August 10 - Final Edit, Type Component Three August 10- August 24 60% -- Fourth Meeting with Project Team August 24 - Formulate Proposals and Recommendations August 24 -- August 31 - Cost Estimates for all Proposals August 31 - September 1 - Establish Priorities September 1 - September 14 - Format, Type Components Four and Five September 14 - September 21 - Third Meeting with Advisory Group September 21 - Review Components Four and Five September 21 - October 5 -- Final Edit, Type Components Four and Five and deliver/camera-ready to the County October 5 - October 12 90% - Present Plan to Planning/Recreation & Parks Boards October 13 - Present Plan at Public Hearing November 23 100% woolpert Consultants agrees to perform its duties described in this agreement according to the fee schedule below, subject to the not-to-exceed limit of $11,500.00. Orange County agrees to pay Woolpert Consultants according to the fee schedule below and as provided in the METHOD OF PAYMENT section of this agreement; provided, however, the entire contract price shall not exceed $11,500.00. 7 FEE SCHEDULE COMPONENT PLAN PURPOSE STATEMENT WITH GOATS AND CB3®CTIYFS Work Task Hours, Hourly Rates and Expenses to be Reimbursed - Start-up with Project Team Senior Planner - 8 hrs ' $bi Planner - 8 hrs @ $42 (No cost to client) - Refine Purpose Statement with Goals Senior Planner - 1 hr @ $63 and Objectives Planner - 4 hrs @ $42 - Type Component One Word Processor - 3 hrs @ $24 Estimated Reimbursables (not to exceed) $85.00 Fee Total, Component One $388.00 COMPONENT TWO/EVALUATION OF CURRENT AND PROJECTED FACTORS PERTINENT W ORANGE COUNTY Work Task Hours, Hourly. Rates and EXpenses to ' be Rei u numm _ - Working Mt. with Project Team Planner -- 8 hrs @ $42 - Inventory of Recreation & Park System Senior Planner - 5 hrs @ $63 Planner - 5 hrs @ $42 Planning Tech - 13 hrs @ $30 - Type, Edit Component Two Senior Planner - 1 hr @ $63 Planner - 3 hrs @ $42 Word Processor - 8 hrs @ $24 - Working Mt. with Advisory Group Senior Planner - 4 hrs @ $63 Planner - 4 hrs @ $42 Estimated Reimbursables (not to exceed) $150.00 Fee Total, Component Two $2,202.00 CST THREE/ANALYSIS OF CURRENT RECREATION PROGRAM AND PARK FACILITIES DEVELOPMENT OF RECREATION STANDARDS, AND COMMUNITY NERDS ASSESSMENT Work Task Hours, Hourly Rates and Expenses to be Reimbursed' - Working Mt. with Project Team Planner - 8 hrs @ $42 - Development of Standards Senior Planner - 2 hrs @ $63 Planning Tech - 16 hrs @ $30 - Identify Unmet Recreational Needs Senior Planner - 3 hrs @ $63 Planner - 8 hrs @ $42 -- Type, Edit Component Three Senior Planner - 1 hr @ $63 Planner - 4 hrs @ $42 Word Processor - 8 hr @ $24 8 • Work Task Hours, Hourly Rates and Expenses t 4 be Reimburse - Working Mt. with Advisory Group Senior Planner - 4 hrs @ $63 Planner - 4 hrs @ $42 Estimated Reimbursables (not to exceed) $200.00 Fee Total, Component Three $2,510.00 COMPONENT FOUR/PLAN PROPOSALS AND RECOMMENDATIONS Work Task Hours. Hourly Rates and Expenses to be Reimbursed - Working Mt. with Project Team Planner - 8 hrs @ $42 - Formulate Proposals and Recommendations Senior Planner - 5 hrs @ $63 Planner - 14 hrs @ $42 - Type, Edit Component Four Senior Planner - 1 hr @ $63 Planner - 3 hrs @ $42 Word Processor - 5.5 hrs @ $24 Estimated Reimbursables (not to exceed) $140.00 Fee Total Component Four $1,700.00 COMPONENT FIVE/ACTION PLAN IMPLEMENTATION Work Task Hours, Hourly Rates and Expenses to be Re;nturse d - Working Mt. with Project Team Planner - 8 hrs @ $42 - Formulate Action Plan Senior Planner - 5.5 hrs @ $63 Planner - 16 hrs @ $42 - Prepare Detailed Cost Estimate Senior Planner - 3.5 hrs @ $63 Planning Tech - 18 hrs @ $30 - Type, Edit Component Five Senior Planner - 1 hr @ $63 Planner - 4 hrs @ $42 Word Processor - 10 hrs @ $24 -- Working Mt. with Advisory Group Senior Planner - 4 hrs @ $63 Planner - 4 hrs @ $42 - Presentation to Joint Meeting of Planning/ Senior Planner - 4 hrs @ $63 Recreation and Park Boards Planner - 4 hrs @ $42 - Presentation to County Commissioners Senior Planner - 4 hrs @ $63 Planner - 4 hrs @ $42 - Presentation at Public Hearing Senior Planner - 4 hrs @ $63 Planner - 4 hrs @ $42 Estimated Reimbursables (not to exceed) $200.00 Fee Total Component Five _ $4,046.00 Fee Total Components One -- Five $10,846.00 Contingency for Additional Requested Services 654.00 Total fee for Contract not to exceed $11,500.00 9 META OF PAYS Upon receipt of an invoice for services rendered, the County will issue payment according to the Fee Schedule. Invoices shall be submitted at the thirty percent (30%), sixty percent (60%), and ninety percent (90%) and the one hundred (100%) benchmarks only. Services and/or products rendered at each benchmark must be accepted by Orange County before payment can be issued. Invoice must detail by date, the hours rendered per category of provider (i.e. Planner, Senior Planner, etc.) and per service/product provided within each component of the Plan. TERM CF AGREEMENT This agreement shall be effective March 24, 1987. All work, and the Plan, shall be complete on or before April 7, 1988. Approved this 24th day of March, 1987 by the Orange County Board of County Commissioners. Shin). E. shall, Chair Orange County Board of County Commissioners A RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS APPROVING A TRANSFER OF PRIME VENTURE'S CABLE TELEVISION FRANCHISE TO PRIME CABLE INCOME PARTNERS L.P. WHEREAS, the Board of Commissioners of Orange County by an ordinance effective February 24, 1981, granted to Village Cable of Orange County, Inc. ("Village Cable") a franchise to operate a cable television system in Orange County; and WHEREAS, the Board of Commissioners by Resolution of July 7, 1986 approved transfer of the Village Cable franchise to Prime Venture I, Inc. , ("Prime Venture") , a Delaware corporation and managing general partner of Prime Cable Income Partners L.P. ("Prime L.P.") , a Delaware limited partnership; and WHEREAS, Prime Venture has requested permission from the Board of Commissioners to transfer its rights under the franchise to Prime L.P. ; and WHEREAS, Prime L.P. agrees to accept the terms and obligations of the franchise as transferred; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that: 1. Upon signed acceptance of this Resolution by Prime L.P. , all rights and obligations of Prime Venture in the cable television franchise ordinance and franchise cited above are transferred to Prime L.P. 2. All other provisions of the franchise ordinance and franchise shall remain in effect. Approved by the Orange County Board of Commissioners at regular meeting of the Board held on the 24th day of March , 1987. . e Shir Marshall, Chair Attest: 4144ere' `'., Orange County Recreation and Parks Department N . C �I , h • ` •*' 300 West Tryon Street • Hillsborough, North Carolina 27278 J •• r • t" y Life.Beinit. r * Mary Anne Black, Director August 28, 1987 E C F Of SEP 21987A Mr. Gary Stewart, ASLA Associate Partner PEiil curvStAIPAN Woolpert Consultants 8731 Red Oak Boulevard Charlotte, North Carolina 28210 Dear Gary, As per our recent conversations, this letter serves to outline the additional services that Woolpert Consultants will provide under our current contract, approved by the Orange County Board of County Commissioners on March 24, 1987. The following is taken from your March 25 letter outlining your proposal. WORK TASK FEE Component 1 graphics to include report cover no cost design and statewide vicinity map. Component 2 graphics to include county-wide no cost existing facilities map. Component 3 graphics expected to include county- Not to exceed $2,247 wide and individual township analysis maps. Component 4 graphics expected to include county- Not to exceed $2,247 wide and individual township master plan proposal maps. Photography cost for screening and reducing existing $160 Orange County maps. TOTAL FEE not to exceed $4,654 Woolpert will then utilize these and any other graphics necessary at their presentations to the Planning/Recreation and Parks Boards, County Commissioners, and at the November Public Hearing. Please sign where indicated below and return this original to me so that I may file appropriately with the other contract documents. APPROVED: Vim_ / Mary Black, Director Gary AJ Stewart, ASLA Orang ounty Recreation & Associate Partner Parks Department Woolpert Consultants MAB/pbl Telephones: 919 732-8181 • 919 967-9251 • 919 688-7331 • 919 227-2031 RESOLUTION WHEREAS, Orange County is eligible to receive $242,450 in Senate Bill 2 funds over a two year period for sewer projects; and WHEREAS, the Orange County Board of Commissioners committed to construct a sewer collection system in the Efland-Cheeks area of the County by a resolution adopted on November 20, 1984; and WHEREAS, it has been the intent of the Orange County Board of Commissioners to finance a portion of this sewer collection system with Senate Bill 2 sewer funds since these funds became available; and WHEREAS, it was the intent of the Orange County Board of Commissioners to adopt a resolution allocating Senate Bill 2 funds to this project by December 31, 1986 but was not able to do so due to the lack of bids pertaining to the project; and WHEREAS, an amended project ordinance for this sewer collection system was adopted by the Orange County Board of Commissioners on February 2, 1987 appropriating $203,850 in Senate Bill 2 funds for this project. NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that in the interests of the health of the citizens and for the good of the environment of the County, the Board does hereby formally allocate Senate Bill 2 sewer funds in the amount of $203,850 to the Efland Sewer Project; -. and BE IT FURTHER RESOLVED that the Orange County Board of Commissioners hereby requests that the State of North Carolina encumber $203,850 of Senate Bill 2 sewer funds for the use of Orange County; and BE IT FURTHER RESOLVED by the Orange County Board of Commissioners that the Board understands that Senate Bill 2 funds must be matched equally with local funds for the project indicated. Adopted this 24th day of March, 1987. Lr Shirley E. shall, Chair Orange County Board of Commissioners Attest: /w Beverly Blyth/, Clerk Orange County Board of Commissioners The Board of Commissioners for the County of Orange, North Carolina, met in regular session in the District Courtroom of the Old Chapel Hill Post Office in Chapel Hill, North Carolina, the regular place of meeting, at 7:30 P.M. on March 24, 1987 . Present: Vice Chair Moses Carey, presiding, and Commissioners Halkiotis, Hartwell and Willhoit. Absent: Chair Shirley Marshall. * * * The Chairman announced that this was the hour and day fixed by the Board of Commissioners for the public hearing upon the order entitled: "ORDER AUTHORIZING $200,000 SANITARY SEWER BONDS" and that the Board of Commissioners would immediately hear anyone who might wish to be heard on the question of the validity of said order or the advisability of issuing said bonds. No one appeared, either in person or by attorney, to be heard on the question of the validity of said order or the advisability of issuing said bonds except Barbara Paige, residing at Hillsborough, who appeared in person and asked when will the bonds be repaid? The Orange County Manager explained that the bonds will be repaid principally from revenues collected from the operation of the Efland Sewer System. The foregoing statement was duly considered by the Board of Commissioners. The Clerk to the Board of Commissioners then announced that no written statement relating to said question had been received. NOTE: The preceding page is written on the theory that no person wishes to be heard, either orally or in writing. If the contrary is true, one or more of the following clauses may be added after the last sentence on the preceding page: except , residing at , who appeared in person and stated except , Esq. , who stated that he represented , residing at , who wished to state except a statement signed by per- sons, which statement was read and ordered spread upon the minutes, and is as follows: (If any written statement is filed it should be inserted in full in the minutes at this point, including names of signers, if such insertion is practicable) . All of the foregoing statements were duly considered by the Board of Commissioners. [In any event, remove this page from the proceedings prior to their certification. ] Thereupon, upon motion of Commissioner Willhoit seconded by Commissioner Halkiotis and carried, the order introduced and passed on first reading on February 2 , 1987 entitled: "ORDER AUTHORIZING $200, 000 SANITARY SEWER BONDS" was read a second time and placed upon its final passage. The vote upon the final passage of said order was: Ayes: Commissioners Carey, Halkiotis, Hartwell and Willhoit Noes: None The Chairman then announced that the order entitled: "ORDER AUTHORIZING $200, 000 SANITARY SEWER BONDS" had been adopted. The Clerk to the Board of Commissioners was thereupon directed to publish said order, together with the appended statement as required by The Local Government Bond Act, as amended, once in The News of Orange and The Durham Morning Herald. * * * * I, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on March 24 , 1987 as relates in any way to the adoption of an order authorizing bonds of said County and that said proceedings are recorded in Minute Book No. 21 of the minutes of said Board, beginning at page and ending at page I DO HEREBY- FURTHER CERTIFY that the attached schedule of regular meetings of said Board of Commissioners has been on file in my office pursuant to G.S. §143-318. 12 as of a date not less than seven days before said meeting. WITNESS my hand and the corporate seal of said County, this 25thday of March 1987. Clerk to pie Board 474 mis The Board of Commissioners for the County of Orange,Y g , North Carolina, met in regular session at the Commissioners' Meeting . Room, at 106 Margaret Lane in Hillsborough, North Carolina, the regular place of meeting, at 7:-30 P.M. , on March 2, 1987. Present: Vice Chair Moses Carey, Jr. presiding, and Commissioners Hartwell , Ha l k i of i s and W i l ho i t Absent: Commissioner Marshall * Commissioner Carey introduced the following resolution which was read: RESOLUTION RESCHEDULING THE PUBLIC HEARING TO- HAVE BEEN HELD ON FEBRUARY 17, 1987 CONCERNING THE ISSUANCE OF $200,000 SANITARY SEWER BONDS OF THE COUNTY OF ORANGE, NORTH CAROLINA BE IT RESOLVED by the Board of Commissioners for the County of Orange: Section 1. That the public hearing to have been held in the District Courtroom of the Old Chapel Hill Post Office in Chapel Hill, North Carolina at 7:30 P.M. on February 17, 1987, • concerning the questions of the validity. of the bond order introduced before the Board of Commissioners authorizing $200, 000 Water Bonds and the advisability of issuing such bonds, was not held due to 'increment weather. Section 2. That such public hearing is hereby rescheduled to 7: 30 P.M. , March 24, 1987 in the District Courtroom of the Old Chapel Hill Post Office in Chapel Hill, North Carolina. Section 3 . This resolution will take effect upon its passage. Thereupon Commissioner Ha l k i of i s =Argil tfh= . d Ayes: Commissioners Carey, Hartwell , Halk Tot is and Wi lhoit Noes: ' None Thereupon the Board of Commissioners directed the Clerk to the Board of Commissioners to republish the order authorizing • $200, 000 Sanitary Sewer Bonds of the County, together with the appended statement calling the rescheduled public hearing on such order as required by The Local Government Bond Act, as amended, once in The Durham Morning Herald and The News Of Orange not later than the sixth day before March 24, 1987. * * * I, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a regular meeting held on March 2, 1987 as relates in any way to the passage of a resolution rescheduling the public hearing upon an order authorizing bonds of said County and that said proceedings are recorded in -Minute Book No. 21 of the minutes of said Board, beginning at page and ending at. page I DO HEREBY FURTHER CERTIFY that the attached schedule of regular meetings of said Board has been on file in my office pursuant to G.S. §142-31.8. 12 as of a date not less than seven days before said meeting. WITNESS my hand and the corporate seal of said County, this 25th day of March 1987. Memorandum TO: FROM: DATE: �r f SUBJECT: i' -� F / ; I The Board of Commissioners for the County of Orange, North Carolina, met in regular session in the District Courtroom of the Old Chapel Hill Post Office in Chapel Hill, North Carolina, the regular place of meeting, at 7:30 P.M. on March 24, 1987. Present: Vice Chair Moses Carey, presiding, and Commissioners Halkiotis, Hartwell and Willhoit. 191/7 " Absent: Chair Shirley Marshall. (21171--%; .3! /r 7 The Chairman announced that this was the hour and day fixed by the Board of Commissioners for the public hearing upon the order entitled: "ORDER AUTHORIZING $200 ,000 SANITARY SEWER BONDS" and that the Board of Commissioners would immediately hear anyone who might wish to be heard on the question of the validity of said order or the advisability of issuing said bonds. No one appeared, either in person or by attorney, to be heard on the question of the validity of said order or the advisability of issuing said bonds except Barbara Paige, residing at Hillsborough, who appeared in person and asked when will the bonds be repaid? The Orange County Manager explained that the bonds will be repaid principally from revenues collected from the operation of the Efland Sewer System. The foregoing statement was duly considered by the Board of Commissioners. The Clerk to the Board of Commissioners then announced that no written statement relating to said question had been received. NOTE: The preceding page is written on the theory that no person wishes to be heard, either orally or in writing. If the contrary is true, one or more of the following clauses may be added after the last sentence on the preceding page: except , residing at , who appeared in person and stated _ • except , Esq. , who stated that he represented , residing at , who wished to state except a statement signed by per- sons, which statement was read and ordered spread upon the minutes, and is as follows: (If any written statement is filed it should be inserted in full in the minutes at this point, including names of signers, if such insertion is practicable) . All of the foregoing statements were duly considered by the Board of Commissioners. [In any event, remove this page from the proceedings prior to their certification. ] Thereupon, upon motion of Commissioner Willhoit seconded by Commissioner Halkiotis and carried, the order introduced and passed on first reading on February 2 , 1987 entitled: "ORDER AUTHORIZING $200, 000 SANITARY SEWER BONDS" was read a second time and placed upon its final passage. The vote upon the final passage of said order was: Ayes: Commissioners Carey, Halkiotis, Hartwell and Willhoit • Noes: None • The Chairman then announced that the order entitled: "ORDER AUTHORIZING $200, 000 SANITARY SEWER BONDS" had been adopted. The Clerk to the Board of Commissioners was thereupon directed to publish said order, together with the appended statement as required by The Local Government Bond Act, as amended, once in The News of Orange and The Durham Morning Herald. I, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that j the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on March 24, 1987 as relates in any way to the adoption of an order authorizing bonds of said County and that said proceedings are recorded in Minute Book No. 21 of 1 the minutes of said Board, beginning at page and ending at page I DO HEREBY- FURTHER CERTIFY that the attached schedule of regular meetings of said Board of Commissioners has been on file in my office pursuant to G.S. §143-318. 12 as of a date not less than seven days before said meeting. WITNESS my hand and the corporate seal of said County, this 25thday of March 1987 . Clerk to a Board of mmissioners 1 1 5 .. .,, APPROVED 3VNE 1fi 1987 ORANGE COUNTY BOARD OF COMMISSIONERS MINUTES REGULAR MEETING MARCH 24, 1987 5 The Oran a County Board of Commissioners met of tregularPsessionicon a Tuesday, March 24 , 1987 at 7 :30 in the Courtroom Chapel Hill, North Carolina. Commissioners Stephen BOARD ME Carey,MBERS PRESENT: Vice-Chair Moses Care Halk' otis John Hartwell, and Don Willhoit. Chair Shirley E. Marshall � arrived at 7: 55. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT• County Manager Kenneth R. Thompson, Assistant County Managers Albert Kittrell and William T. Laws, Directorlof inance Gordon Baker, Baker, Recreation and Parks Director Mary Anne Board Beverly A. Blythe, Planner Gene Bell, Planning Director Marvin Collins, Crudup, Sergeant Joe Dickey, Coordinator of Community Planner Emily purchasing Director Pam Jones, Public Housing and Development Tara Fikes, Works Director Wilbur uelave. Pendergrass, Planner Don g Sheriff Lindy Powell, and Major Don Tr A. BOARD COMMENTS 1, Commissioner Halki�toi�he stated me�ersthat ofthe theLivestock Committee��A survey met and of made specific assignments will be the livestock At this the the best conducted. At this p option for continuation oan tkindlivestock financ almarket commitment not but to for perhaps study County to h get involved in y joint public/private venture which, if study the feasibility of a a received favorably, would stimulate the private sector to continue the market. 2 . Commissioner Don Willhoit asked that an update be given by EMS Director Bobby Baker on the status of hazard planning at the next Board meeting. 3 . Commissioner Carey moved item F6 - Vehicle Replacements to be considered first on the decision portion of the agenda and added as the the second item the Hillsborough annexation presentation. 4. An executive session for discussion of a property matter was added to the end of the agenda. 5. A list of priority items for the upcoming budget was distributed by Commissioner Carey for consideration. The list is an attachment to these minutes. B. AUDIENCE COMMENTS Commissioner Carey indicated that those citizens who have indicated a desire to speak to an item will be recognized at the time , that item is discussed. C. MINUTES - NONE PUBLIC CHARGE approved by the Board and Commissioner Carey read the Public Charge as app as stated in the rules and regulations of the Board. UB X ARTNGS AN ECIS ON 2 • :'. 1: EFLAND SANITARY SEWER BOND ORDER (A copy of this order is on pages N tt the official minute book) Commissioner Carey announced that this is the hour and the date fixed by the Board of Commissioners for the public hearing upon the order entitled... "-ORDER AUTHORIZING $200,000 SANITARY SEWER BONDS" and that the Board of- Commissioners would immediately hear anyone who might wish to be heard on the question of the validity of said order or the advisability of issuing said bonds. Barbara Page asked how the bonds would be repaid. Thompson explained that the $200,000 is a loan amount that is being secured from FmHA. The debt service on the loan will be paid by the customers of the sewer system as part of monthly the provide collateral fees not be sufficient. . Commissioner Carey asked the Clerk if she had received any written statements and she stated no. WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. Thereupon, upon motion of Commissioner Willhoit, seconded by Commissioner Halkiotis and carried, the "ORDER AUTHORIZING $200, 000 SANITARY SEWER BONDS" was passed on second reading. VOTE: UNANIMOUS. .Commissioner Carey directed the Clerk to publish said order, together with the appended statement as required by The Local Government Bond Act, as amended, once in The News of Orange and The Durham Morning Herald . 2 . HOUSE NUMBERING ORDINANCE 3 . ASSIGNMENT OF HOUSE AND BUILDING NUMBERS Marvin Collins made the presentation. He explained the purpose of the Public Hearing is to receive public comments on (1) the House Numbering Ordinance and (2) the proposed house/building numbers to be assigned in rural routes 5 and 8. Collins stated that because of the growth in the County, many rural box numbers have had to be changed several times. In January 1987 an agreement was reached between the County Manager and the Chapel Hill Postmaster whereby a joint project was undertaken to begin the conversion of rural box numbers to assigned house numbers. The Ordinance accomplishes two things: (1) Assigns house/building numbers, and (2) Provides a mechanism by which emergency vehicles will be able to identify where a person lives. • Collins stated that once the numbers are assigned they will be permanent and will not need to be changed again. The Ordinance identifies a means by which the numbers will be displayed. PUBLIC COMMENTS Roger Barra indicated his address has changed several times with the assurance that the change would be final and permanent. He stated that he received a letter indicating the proposed change had already been made and scheduled to begin tomorrow. He hopes that this will be the last time his address is changed. 3 Marvin Collins explained that in the assignment of house numbers, 50 foot increments will be used going down each road within the rural route and each increments will be numbered. With this small interval between numbers very little change will ever need to be made to accommodate additional numbers. He stated the notice received about the change was to have been delivered after the changes were approved by the Board. He indicated that when numbers are assigned, particular attention will be given to any problem with road names. James Nobblett stated he supports what is proposed. He suggested that Old 86 be named the Old Hillsborough Road. This would reduce the confusion caused by having an old and new 86. Charles Moser , resident of Oak Hill Road, complained about receiving the letter from the post office indicating the change to be effective tomorrow. In principal he agreed with a uniform system for assigning house numbers. He stated that the intersection of Sunrise and Oak Hill Road is very dangerous and asked for information about a proposed road that may be built connecting the loop with something else and stated that the land was sold in violation of the covenants on the property. This question was referred to the County Manager for investigation and response. Jack Penswater , resident of Sunrise Road, explained that he is under General Telephone and under Duke Power in Durham. In addition to assigning house numbers, the County needs to become more efficient with their communication system. He asked if his new address would be Chapel Hill and if so he wants the convenience of their phone and power systems. Ms. Shelby Hewett , opposed the assignment of house numbers. She stated that those who live in the rural areas of Orange County have located their homes away from the main road. House numbers will not be seen from the road. She stated that she wants to keep the individuality of the rural area. The road she lives on was changed from Ferguson to Twin Oaks. Marvin Collins indicated there was some confusion as to which direction her house faced and that her address can be changed back to Ferguson Road. Marvin Collins asked that, because of the concerns voiced at this meeting, the Commissioners not take any action on this item but to let the Planning Staff work out the problems on Oakhill Drive and Ferguson Road and any other problems that have been identified. Mr. Delois McDaniel , referred to the letter notifying him of his change of address. The letter indicated the house numbers were already approved before the public hearing was held. Because he owns a small business, it will cost him between $700 and $1, 000 to change all of his literature. He expressed dissatisfaction with the process and asked that the Board do something to help the citizens who own small businesses and who will incur a loss because of the change in address. He stated there is nothing wrong with the rural routes and asked that nothing be changed. Commissioner Willhoit clarified that the post office can change rural route designations and can change box numbers without the approval of the Board of Commissioners. The Board of Commissioners have the authority to set street numbers. The County is attempting to adopt street numbers so that in the future it will not be necessary for the post office to change the rural route designations again. The post office can be requested to forward mail for a longer period than one year if necessary. 4 Thomas Grobleski , Chapel Hill Postmaster apologized for the letter being sent out prematurely. He stated that this is not something the postal service is trying to force on people. He explained that they are trying to establish something that is going to be continuous and help everyone. By establishing house numbers for the rural area, the mail will be processed without regard to rural routes. He assured everyone that mail will not be returned knowingly if the postal service can deliver. He is there to provide service -- not a disservice. He stated that provisions have been made to deliver mail at the old address and the new address indefinitely. Commissioner Halkiotis asked that the Postmaster meet with the Planning Staff to work out the problem areas that have been identified. Chair Marshall assured the citizens in the audience that if there are specific problems, they will be addressed by the Board. Commissioner Hartwell questioned the statement made by the Postmaster that there will be four new rural routes as of Saturday. The Postmaster indicated that these people will receive a new address change on Saturday and again when house numbers are assigned. Commissioner Hartwell asked if these changes could wait until April and the Postmaster indicated they could. WITH NO FURTHER COMMENTS THE PUBLIC HEARING WAS CLOSED. D. RESOLUTIONS OR PROCLAMATIONS 1. RESOLUTION HONORING ROBERT TENNANT Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to adopt and present to Robert Tennant a resolution of appreciation. The resolution is printed below: RESOLUTION OF APPRECIATION FOR ROBERT S. TENNANT WHEREAS, in March of 1978, Robert S. Tennant became District Conservationist and Department Head for the Soil and Water Conservation Service; and WHEREAS, for the past nine years he has provided valuable assistance to farmers in advising them on technical matters pertaining to the planning and application of the best management conservation practices that should be installed. Such practices have saved for future generations millions of tons of top soil that otherwise would have been eroded; and WHEREAS, Robert S. Tennant has served on the Agricultural Task Force to help identify measures preserve farmland, and on the Water Resources Task Force to help develop local strategies affecting surface water of the County; and WHEREAS, Robert S. Tennant acting under authority of the District Board of Supervisors, has earned through hard work and dedication the respect and appreciation of government officials, peers, coworkers, and citizens of Orange County; and WHEREAS, Robert S. Tennant has determined that it is now time for him to retire and channel his efforts toward new endeavors, NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners declares Robert S. Tennant to have been a good steward, leader and member of Orange County Government and the District Soil rimmm Conservation Service. 5 THEREFORE, on behalf of the citizens of Orange County, it expresses to Robert S. Tennant its sincere appreciation and gratitude for his years of service and contributions to Orange County and the Soil and Water Conservation Service, and wishes to him happiness and good health in the future. BE IT FURTHER RESOLVED, that this Resolution be presented to Robert S. Tennnt and a copy of the resolution be spread upon the minutes of this regular meeting of the 24th day of March, 1987. VOTE: UNANIMOUS. 2 . CLEAN SWEEP PROCLAMATION Blair Pollock, Chair of the Solid Waste Task Force, indicated that emphasis will be placed on the fact that litter is actually a resource for recycling. Lorraine Parker, Chair of the Recreation and Parks Advisory Council voiced support for "Clean Sweep Month" and the plan as summarized by Mary Ann Black, Director of Parks and Recreation. Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to proclaim April as "CLEAN SWEEP MONTH" in Orange County. The proclamation is stated below: WHEREAS, The North Carolina Governor's office has designated April for a statewide litter cleanup campaign on North Carolina highways; and WHEREAS, The Orange County Board of Commissioners recognizes the benefits derived to the County when the highways and streets in the County are litter free; and WHEREAS, The Board of Commissioners recognizes the negative impact on visitors and citizens when litter is permitted to accumulate; and WHEREAS, The Board of Commissioners wishes to encourage and endorse the concept of this campaign called "CLEAN SWEEP: " NOW, THEREFORE, BE IT PROCLAIMED THAT THE ORANGE COUNTY BOARD OF COMMISSIONERS DOES HEREBY DESIGNATE APRIL AS "CLEAN SWEEP MONTH" IN ORANGE COUNTY. BE IT FURTHER PROCLAIMED that the Board of Commissioners encourages all citizens of Orange County to participate in Clean Sweep activities in their neighborhoods. VOTE: UNANIMOUS. F. ITEMS FOR DECISION - CONSENT AGENDA The County Manager recommended the following action by the Board: 1. CONTRACT AWARD FOR ASSISTANCE WITH ORANGE COUNTY MASTER RECREATION AND PARK PLAN (see addendum on last page of these minutes) To award a contract to Woolpert Consultants to assist with portions of the development of the Master Recreation and Park Plan at a cost of $11,500 and authorize the Chair to sign following approval of the legal forms by the County Attorney. 2 . HILLSBOROUGH AGREEMENT ADDENDUM FOR LAND RECORDS INFORMATION ACCESS AGREEMENT To approve the Land Records Information Access Agreement with the Town of Hillsborough which will provide the Hillsborough Town Staff and the public access to the Land Records Information System from the Hillsborough Town Hall. 3 . CAROLINA CABLE CHANGING ORGANIZATION (SECOND READING) To approve the second reading of the transfer of ownership of Carolina Cable from Prime Venture I, Inc. to Prime Cable Income Partners L.P. The resolution approving the transfer is stated below: RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS APPROVING TRANSFER OF PRIME VENTURE'S CABLE TELEVISION FRANCHISE TO PRIME CABLE INCOME PARTNERS L.P. WHEREAS, the Board of Commissioners of Orange County by an ordinance effective February 24, 1981, granted to Village Cable of Orange County, Inc. ("Village Cable") a franchise to operate a cable television system in Orange County; and WHEREAS, the Board of Commissioners by Resolution of July 7, 1986 approved transfer of the Village Cable Delaware Corporation and managing general partner of Prime Cable Income Partners L.P. ("Prime L.P. ") , a Delaware limited partnership; and WHEREAS, Prime Venture has requested permission from the Board of Commissioners to transfer its rights under the franchise to Prime L.P. ; and WHEREAS, Prime L.P. agrees to accept the terms and obligations of the franchise as transferred; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that: 1. Upon signed acceptance of this Resolution by Prime L.P. , all rights and obligations of Prime Venture in the cable television franchise ordinance and franchise cited above are transferred to Prime L.P. 2 . All other provisions of the franchise ordinance and franchise shall remain in effect. Approved by the Orange County Board of Commissioners at regular meeting of the Board held on the 24th day of March, 1987. 4 . TRANSPORTATION BOARD OPERATIONAL BY-LAWS in the permanent agenda file in the Clerk's office) (complete narrative is To approve the Transportation Advisory Board Operational By-Laws as developed by the Transportation Board. 5. AUTHORIZING SUBMISSION OF THE TITLE III-B APPLICATION To authorize the submission of the Title III-B Older Americans Act (social services/senior center) application to Triangle J. Council of Governments by the County Manager, effective July 1, 1987 through June 30, 1988 for federal and state funds in the amount of $104, 414. This is a yearly continuation application covering specified services which are a part of the Department on Aging's current budget. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve items 1, 2, 3, 4, and 5 of the consent agenda. VOTE: UNANIMOUS. ITEMS FOR DECISION - REGULAR AGENDA 11A. SHERIFF VEHICLE REPLACEMENTS FOR 1987-88 Sheriff Lindy Pendergrass made the presentation. He recommended to the Board the implementation of the single driver vehicle for the Orange County Sheriff's Department. The plan will save Orange County $105, 020 within the next five years. The plan will initial investment in three years. The plan will paallow the rSheriff's Department flexibility in the use of personnel and reduce vehicle cost and maintenance. Patrol cars would be assigned in areas throughout the County giving visibility, deterring crime and increasing the office7 rs identity with the neighborhood in which he lives. If approved, the plan would monitored closely to provide the highest productivity and cost effectiveness in Orange county. In response to a question from Chair Marshall, Pendergrass explained that if 21 vehicles were purchased this year, next year the number would be 19 and the third year 15. Sheriff Pendergrass explained the procedure followed in changing shifts and the time lost in maintaining the automobiles. He noted that if the 15 vehicles and the necessary equipment for each car were purchased this year without turning any cars in, the plan could be implemented this year. It would be necessary to purchase 19 cars next year and 15 each the next two years. In two years an escrow amount would be available from the ABC fund that may be used to purchase two cars. The Board members endorsed the recommendation indicating the County would have better coverage and visibility, manpower costs would be saved, the moral of the officers would be increased and in the long run the plan would save money. After further discussion, it was decided that the program should be phased in over a period of time. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the concept of single driver vehicles. County Manager Kenneth Thompson noted that in the short run the recommendation would cause problems because the high mileage cars would be kept one more year causing additional maintenance and workload at the garage. However, in the long run the plan would save money. Sheriff Pendergrass pointed out that with single driver cars the maintenance cost will be lower. VOTE: UNANIMOUS. It was the consensus of the Board to authorize the purchase of 15 new vehicles and to delay the determination of whether or not the old vehicles will be sold at auction until after the budget is approved. 11A. ANNEXATION - HILLSBOROUGH Mayor of Hillsborough Frank Sheffield explained that Hillsborough is seeking legislation on this annexation because of the way the law is written for towns of less than 5, 000 in population. Sixty percent of the area to be annexed must be in 5 acre lots or more. The reason for the annexation is to bring into Hillsborough all those fully developed areas. Phase i annexation is to broaden the tax base for Hillsborough. Phase II would bring into Hillsborough those fully developed areas because people in those areas have requested to be annexed to the Town. People in the extraterritorial areas are now paying a higher water rate than those people located within the city limits of Hillsborough. The Town would like to annex those areas listed in Phase i this year because they can provide the services to that area. Next year Phase II would be annexed. A public hearing was held with a minimum of opposition voiced. He asked that the Board of Commissioners support the proposal. The intention of the annexation is to provide a full range of municipal services to an area that is urbanized. Mayor Sheffield in response to a concern expressed by Chair Marshall explained that in reference to the rural fire department that the Town would do whatever is required as outlined in the General Statutes. He explained that the majority of Hillsborough water and sewer customers live outside the city boundaries and that in his opinion the Town has been dependent upon these revenues to supplement the Town's revenues. Commissioner Willhoit indicated that because the annexation will not benefit the County that the stand of the Board of Commissioners should be not to oppose the annexation. Chair Marshall pointed out that the policy of the State of North Carolina is that those areas which are at municipal density should be municipal and the County's function is to support that policy if the Town can provide the services that are necessary. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve an endorsement that the Board of Commissioners has no objections to the Hillsborough annexation plans as proposed by Mayor Sheffield. VOTE: UNANIMOUS. 1. POPULATION/EMPLOYMENT ESTIMATES FOR THE DURHAM, CHAPEL HILL, CARRBORO (DCHC) THOROUGHFARE PLANNING AREA The presentation was made by Planner Gene Bell. The report was prepared for the DCHC area by the planning and/or transportation staffs of the respective jurisdictions. It provided population/employment estimates for the years 1985, 2000 and 2010. NCDOT has asked that the planning boards and governing boards of the various DCHC jurisdictions review the estimates prior to their being used as input to a computer deficiency analysis model. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to approve the report as presented. VOTE: UNANIMOUS. 2 . WORKSHOP - TRANSFER OF DEVELOPMENT RIGHTS Planning Director Marvin Collins noted that the Board expressed an interest in the concept of development rights and its application in the County from the standpoint of agricultural preservation and protection of environmentally sensitive areas and perhaps historic preservation. There has also been an interest in combining real estate transfer tax or impact fees for the purpose of protecting the Rural Buffer area. He explained that representatives from other jurisdictions who have had first hand experience dealing with transferable development rights would be invited to attend and make presentations. After the workshop, legislation could be requested which would authorize the County to proceed with implementation. Chair Marshall noted that because enabling legislation had to be in Raleigh by April 15, this legislation could not be developed in time to be effective this year. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve a Planning Board workshop on transfer of development rights to be held in late April or early May. VOTE: UNANIMOUS. 3 . J & J PROPERTIES - PRELIMINARY 9 Planner Greg Szymik presented for approval the preliminary plan for the J & J Properties which is located on an existing private road off Pleasant Green Road in Eno Township. One 5.5 acre lot is proposed out of a 17.5 acre tract. The property is zoned R-1 and is located in the Rural Residential area designated in the Land use Plan. The Planning Board recommended approval with three conditions. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve the Preliminary Plat with three conditions as stated below: 1. Indicate tax map, block and lot number on the plan. 2 . Indicate the control corner. 3 . Indicate the acreage of the lot so as to include the area within the right-of-way. VOTE: UNANIMOUS. 4 . DATHENE TERRACE - PRELIMINARY Greg Szymik indicated the property is located in the Town of Hillsborough on Dathene Drive. Three lots are proposed out of a 1.24 acre tract. The property is zoned R-lo by the Hillsborough Zoning Ordinance. He stated that the tract is severely limited by a branch that runs through the middle of the tract and by poor soil conditions. The site has poor infiltration and absorption conditions. The Stormwater Management Plan has been denied by the Orange County Erosion Control Officer. The Planning Board recommended denial. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to deny the Preliminary Plan for Dathene Terrace because a satisfactory Stormwater Management Plan, as required by the Subdivision Regulations, was not developed and approved. After further discussion and input from Fritz Brunson, representing the developer, Commissioner Willhoit withdrew his motion and Commissioner Carey withdrew his second. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to refer this Preliminary Plan back to the Planning Board for further consideration. NO VOTE WAS TAKEN. Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to deny the Preliminary Plan as recommended by the Planning Board. VOTE: UNANIMOUS. 5. ESODERRICK SUBDIVISION - PRELIMINARY PLAN Greg Szymik presented for approval the Preliminary Plan for Esoderrick Subdivision located in Cedar Grove Township on the northeast side of Quiet Acres Drive. Two lots are proposed out of 10. 49 acres. The Land Use Plan designates this area as Rural Residential. The Planning Board recommended approval. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the Preliminary Plat. VOTE: UNANIMOUS. 6. ELM GROVE - PRELIMINARY Greg Szymik presented for approval the Preliminary Plan for Elm rimmo Grove. The property is located in Chapel Hill Township on the north side of New Hope Church Road (SR 1723) . Five lots are proposed out of 10.53 acres. An Orange County "class B" private road will be constructed and will provide access to all subdivision lots. The property is zoned RB (Rural Buffer) and the Land Use Plan designation is RB. The Planning Board recommended approval with three conditions. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the Preliminary Plat with three conditions as stated below: 1. Provide a notation on the plat restricting access of lots 1 and 5 to the private road; 2 . Indicate the property owner at the western boundary line; and 3 . Payment in lieu of dedication ($693) to Orange County. VOTE: UNANIMOUS. 7. REZONING REQUEST - W.E. & RUBY S. BLACKWOOD (Z-1-87) Marvin Collins presented for approval a proposed amendment to the Zoning Atlas. This request was presented at the Public Hearing held on February 23, 1987. The property is located on the north side of NC 54 opposite the intersection of White Cross Road (SR 1952) and consists of 2 acres. The present zoning is AR. The requested zoning is to LC-1. The Planning Board recommended approval. The Planning Department would enforce the provisions of the Zoning Ordinance, limiting traffic generation to acceptable levels by-way-of restrictions on building size and/or use. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the rezoning request with the condition that the operator of the business cooperate with the Orange Grove Volunteer Fire Company in pre-planning how a fire would be handled on the premises and in sharing with the Department the nature and location of any hazardous materials. VOTE: UNANIMOUS. 8. PROPOSED ZONING ORDINANCE AMENDMENT - ARTICLE 11. 7 NONCONFORMING LOTS Marvin Collins made the presentation. Article 11. 7 of the Zoning Ordinance requires that nonconforming lots of record, in the same ownership and with continuous frontage, be combined to create conforming lots. Approval of the amendment would allow the construction of single- family detached dwellings and customary accessory structures on nonconforming lots of record. The amendment would apply in all zoned townships. The Planning Board recommended approval. Motion was made by Commissioner Carey, seconded by Commissioner Willhoit to approve the proposed amendment as follows: 11.7 Nonconforming Lots 11. 7. 1 Use of Nonconforming Lots for One-Family Detached Dwellings A one-family detached dwelling and customary accessory structures may be erected, occupied and used on a separate nonconforming lot of record in accord with other requirements applying in the zoning district. 11. 7.2 Rules Concerning Combination of Contiguous Nonconforming Lots in Same Ownership and With Continuous Frontage: Exception (This article would be deleted in its entirety) VOTE: UNANIMOUS. PROPOSED ZONING ORDINANCE AMENDMENT - ARTICLE 7.20 PD-MHP MOBILE HOME PARK DISTRICT Marvin Collins made the presentation. A public hearing was held on proposed amendments to Article 7.20 on February 23, 1987. The proposed revisions apply only to new mobile home parks. The amendments would allow more flexibility in the design of mobile home parks while addressing public health and safety concerns. The Planning Board recommended approval. The amendments to Article 7.20 include the following amendment The entire text is an attachment to these minutes as pages (1) The mobile home space requirement is reduced from 10, 000 to 5, 000 square feet. The reduced standard is based on the model ordinance of the N.C. Manufactured Housing Association. Zoning district lot size requirements are employed to control density rather than enforcing a minimum standard of 10, 000 square feet. Further density control would be determined by method of sewage disposal and water supply, and Health Department standards applicable to each. (Article 7. 20. 4 J. ) (2) Requirements for patios and decks have been deleted. Mobile home entrances vary by type of unit. Each time a mobile home is replaced, patios and decks would have to be shifted. (Article 7.20.4B) (3) Specific setback distances from mobile home space boundaries have been deleted. Instead, spacing requirements between units have been used to allow owner/operators more flexibility in placement of units on lots. The minimum spacing required between individual units is 20 feet. A 22-foot set-back requirement is mandated between a mobile home and the street on which the space fronts. (Art. 7.20. 4C) (4) Mobile homes are required to provide solid foundation enclosure or skirting within 90 days of placement on a space. The type of skirting must be uniform throughout the park. (Article 7.20.4D) (5) Access to entrances must be provided in compliance with the N.C. State Building Code. (Article 7.20.4D) (6) Streets must be at least 18 feet in width and located in at least a 40 foot right-of-way. Streets must be hard surfaced, and cul-de-sacs must not exceed 800 feet in length. (Article 7.20.4E) (7) Traffic control signs must be placed in appropriate locations in the park, and an approved unit numbering system for the park provided to emergency services personnel. Mobile homes must have appropriate numbers located thereon and in conformance with the approved numbering system. (article 7.20. 4F) (8) Grounds and buildings must be maintained free of noxious weeds, abandoned appliances, automobiles and other similar nuisances. (article 7.20.4G) (9) Recreation areas are to be provided in accordance with the Subdivision Regulations and applicable provisions of the Zoning Ordinance. (article 7.20.4H) (10) Landscaping and screening is limited to a 100 foot buffer requirement and screening around trash containers (dumpsters) . (Article 7.20. 41) Motion was made by Commissioner Carey Marshall to approve the proposed amendments to Article 7.20nofdthe y Zoning Ordinance. skirting Discussion parement in the Ordinance that Collins noted that this park. design in one aspect of the park and wasosuggestedsb some uniformity of park owners. y the mobile home VOTE: UNANIMOUS. 10. PROPOSED AMENDMENTS TO THE FLOOD DAMAGE PREVENTION ORDINANCE (The complete narrative is attached to these minutes on pages 'I 72 TZ . ) Planner Greg Szymik presented for approval proposed amendments to the Flood Damage Prevention Ordinance. On August 25, 1986, the Federal Emergency Management Agency published final rules revising National Flood Insurance Program criteria. The criteria became effective October 1, 1986 and require, as a condition of continued validity, that communities revise their floodplain management regulations to make them consistent with this criteria within six months of the effective date. The proposed revisions provide for changes in the definition of mobile homes and start of construction, flood proofing of mechanical and utility equipment, the use of openings in enclosures beneath a structure's lowest floor, the use of available flood data, and certification of floor elevations. The Planning Board recommended approval. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the proposed amendments to the Flood Damage Prevention Ordinance as presented and recommended by the Planning Board. VOTE: UNANIMOUS. 11. PROPOSED SUBDIVISION REGULATIONS AMENDMENT SECTION IV-B-8 LANDSCAPING AND BUFFER REIUIREMENTS attached to these minutes on pages • (The complete narrative is Marvin Collins presented for approval proposed amendments to Section IV-B-8 of the Subdivision Regulations which contains standards for the installation of plant materials in building setback areas and on parcels designated for recreation/open space use. p, held on these revisions on February 23, The Planning nningng and Y � 1987. The Planning Board recommended approval of the proposed amendments subject to a text change (Section IV-B-8-c-1) as recommended by the County Attorney. Motion was made by Chair Marshall, seconded by Commissioner Halkiotis to approve the proposed amendments as recommended by the Planning Board and the wording for Section IV-B-8-c-1 as provided by the County Attorney in Attachment 1. VOTE: UNANIMOUS. 12 . PROPOSED WATER AND SEWER EXTENSION POLICY - ORANGE COUNTY Marvin Collins presented for information purposes a draft water and sewer policy for Orange County. A desire was expressed by the Board to adopt a water and sewer policy and the funding sources that would be necessary. Geoffrey Gledhill suggested that any water and sewer policy be an amendment to the policy made on September 13, 1984 in connection with the Efland Sewer Line extension. 13 . SUBMISSION OF SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION/COMMUNITY DEVELOPMENT BLOCK GRANT TARGET AREA SELECTION Housing and Community Development Director Tara Fikes requested authorization to submit a Small Cities Community Development Block Grant application for 1987. The maximum amount an applicant can request is $600, 000. Two public hearings must be held and in order for the County to apply, all 1982 and 1983 grants must be completed and all funds expended by May 12, 1987 . Fikes be thdeadlinee two and the items that need to Chair Marshall stressed the importance of meeting the requirements in order to submit the grant application. Fikes assured her that everything would be completed in time to make application. Motion was made by Commissioner Carey, seconded by Commissioner Willhoit to authorize the submission of a Small Cities CDBG application to NRCD for the Rencher Street Area, and to adopt the following resolution authorizing the filing of the CDBG application: Resolution of the Orange County Board of Commissioners authorizing the filing of Community Development Block Grant application. It is hereby resolved: That the Orange County Board of Commissioners authorize the filing of Orange County's Fiscal Year 1987 Community Development Block Grant Application, including all understandings and assurances contained within the application. That an application will be submitted to the North Carolina Department of Natural Resources and Community Development on or before May 19, 1987. The amount requested is $600, 000. VOTE: UNANIMOUS. 14. REAL ESTATE TRANSFER TAX - PUBLIC HEARING DATE Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to set a public hearing for April 6 to receive rAIMIN comments on the real estate transfer tax. 14 VOTE: UNANIMOUS. 15. SENATE BILL 2 RESOLUTION Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to adopt the following resolution and authorize the Chair to sign: WHEREAS, Orange County is eligible to receive $242,450 in Senate Bill 2 funds over a two year period for sewer projects; and WHEREAS, the Orange County Board of Commissioners committed to construct a sewer collection system in the Efland-Cheeks area of the County by a resolution adopted on November 20, 1984; and WHEREAS, it has been the intent of the Orange County Board of Commissioners to finance a portion of this sewer collection system with Senate Bill 2 sewer funds since these funds became available; and WHEREAS, it was the intent of the Orange County Board of Commissioners to adopt a resolution allocating Senate Bill 2 funds to this project by December 31, 1986 but was not able to do so due to the lack of bids pertaining to the project; and WHEREAS, an amended project ordinance for this sewer collection system was adopted by the Orange County Board of Commissioners on February 2, 1987 appropriating $203, 850 in Senate Bill 2 funds for this NOW, THEREFORE, BE IT RESOLVED by the Orange CountyroBoard of Commissioners that in the interests of the health of the citizens and for the good of the environment of the County, the Board does hereby formally allocate Senate Bill 2 sewer funds in the amount of $203,850 to the Efland Sewer Project; and BE IT FURTHER RESOLVED that the Orange County Board of Commissioners hereby requests that the State of North Carolina encumber $203, 850 of Senate Bill 2 sewer funds for the use of Orange County, and BE IT FURTHER RESOLVED by the Orange County Board of Commissioners that the Board understands that Senate Bill 2 funds must be matched equally with local funds for the project indicated. Adopted this 24th day of March, 1987. VOTE: UNANIMOUS. H. APPOINTMENTS The following appointments were made by the Board: ANIMAL CONTROL TASK FORCE Anne Gross Riley Wilson Sim Efland Dean Deter Pat Sanford R. D. Smith Lt. Ben Callahan Dr. E. W. Van Stee Donald Ingraham Kenneth Maynard Harvey Carnes Willard Ward AGRICULTURAL ADVISORY BOARD Carl Walters Frances L. Shetley Robert Nutter Larry Rogers -- ... IMM.1.1!IMI .. �'. CARRBORO PLANNING BOARD Toy Cheek (o ne year term) 15 AMENDMENT TO ITEM FI - CONTRACT AWARD FOR THE MASTER RECREATION AND PARK PLAN Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell that the foregoing approval be contingent upon the approval of a budget amendment which will provide sufficient funding to cover the contract. VOTE: UNANIMOUS. EXECUTIVE SESSION Motion was made by Commissioner Carey, seconded by Commissioner Willhoit to go into executive session to discuss a property matter. VOTE: UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Willhoit to go back into regular session. VOTE: UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Willhoit that the Board decline the offer made by the Lake Orange, Inc. and authorize the Chair to sign a letter refusing the offer. VOTE: UNANIMOUS. I. ADJOURNMENT Upon motion made by Commissioner Hartwell, seconded by Commissioner Carey the meeting was adjourned. The next regular meeting will be held on April 7, 1987, 7:30 p.m. in the Courtroom of the old Courthouse Hillsborough, North Carolina. Beverly A. Blythe, Clerk Shirley E. Marshall, Chair IMIENNENNE