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HomeMy WebLinkAboutAgenda - 04-15-1987 1 ORANGE COUNTY HILLSBOROUGH NORTH CAROLINA Atana9es ig �icc Gs ta (d is 7752 April 15, 1987 P � The Honorable Representative Anne C. Barnes The Honorable Representative Joe Hackney The Honorable Senator Wanda Hunt The Honorable Senator Russell Walker 24th District North Carolina General Assembly State Legislative Building Raleigh, North Carolina RE: An Act to Authorize Orange County to Levy an Excise Tax on Instruments Conveying Real Property in Orange County An Act to Authorize Municipalities and Counties to Engage in Joint Planning Programs and to Enter into Annexation Agreements Dear Honorable Members of the General Assembly: Transmitted herewith are two additional bills adopted by the Board of Commissioners in continuation meeting April 15, 1987 for submittal to you for action in the 1987 Session of the General Assembly. It is the Board's preference that a Statewide bill be enacted giving counties the authority to levy a transfer tax. With four counties already having the authorization and three additional counties and the City of Raleigh now seeking the enablement conditions may be more favorable to a Statewide bill. However, realizing that this may not be the case and given the extensive capital needs faced by Orange County and its towns it is the position of the Board to ask for local legislation if the Statewide billI_cannotI.be approved. The vote among the Board members was four in favor and one against. This followed a public hearing April 4, 1987. The second bill, which is to grant powers to implement the joint planning programs and limit annexation authority, was adopted by _ unanimous vote of the Board in the :same April 15, 1987 meeting. We appreciate your willingness to introduce and support these bills. Thank you for your help. • Sincerely, 2371°#‘47-t-g-- Kenneth R:-Thompson County Manager cc: Board Members Town Managers GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1987 AN ACT TO AUTHORIZE ORANGE COUNTY IN TO ORANGLT E CANNT EXCISE TAX ON INSTRUMENTS CONVEYING REAL PROPERTY The General Assembly of North Carolina enacts: Section 1. Tax. (a) Authorization. The Orange County Board of Commissioners may, by resolution, levy an excise tax on instruments conveying certain interests in real property in Orange County. The tax imposed may not exceed one dollar ($1.00) on each one hundred dollars ($100.00) or fraction thereof of the total consideration or value of the interest conveyed, including in the case of a sale, the value of any lien or encumbrance remaining on the property at the time of sale. This tax is in addition to the tax levied by Article 8E 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 payments are based in whole or in part on the lessee' s receipts, the estimated amount of the lessee' s receipts. (b) Scope. A tax levied under this section applies to all instruments conveying an interest in real property in Orange County except as follows: (1) So much of the consideration or value of the interest conveyed which is not taxable pursuant to the provisions of N.C. Gen. Stat. Section 105-277. 1 shall be exempt from the tax. (2) An instrument conveying an interest in real property from the United States , the State , or a political subdivision of the State shall be exempt from the tax. (3) An instrument recording a lease for a term of '10 years or less, shall be exempt from the tax 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 parties as a lease previously recorded , and the term, of the new lease, when added to that of the previous lease, exceeds the 10-year limitation; or c. The lease requires or permits the property to be transferred to the lessee for less than the fair market value of the property; (4) An instrument securing indebtedness shall be, exempt from the tax; (5) An instrument recording a transfer in which no consideration was paid or is due the transferor by the transferee shall be exempt from the tax. (6) This tax does not apply to conveyances of an interest in real property by operation of law, by will, or by intestacy. (c) Collection. A tax levied under this section is payable by the transferor of the interest at the Orange County Register of Deeds Office before the instrument conveying the interest is recorded. The tax assessor shall stamp or otherwise mark each instrument to approve or exempt the amount of tax due to be paid prior to the instrument being recorded. The Orange County Register of Deeds may not accept for recordation an instrument subject to a tax levied under this section unless the instrument bears the tax assessor' s mark indicating that the tax is exempt or due to be paid. (8) Appeal. A person who is liable for a tax levied under this section who disputes the amount of tax due shall pay the tax stated by the tax collector to be due, but may appeal the payment of the tax to the. Land Transfer Tax Appeals Board by filing a written notice of appeal with the tax collector within 30 days after paying the tax. Upon receipt of a notice of appeal, the tax assessor shall forward a copy of the notice of appeal to the chairman of the Land Transfer Tax Appeals Board. A notice of appeal shall state the reason for the appeal and the amount of tax the appellant contends is due. The Land Transfer Tax Appeals Board is established to determine appeals of taxes imposed under this section. The Board shall consist of five members, two of whom shall be appointed by the Orange County Board of Commissioners, one of whom shall be appointed by the governing body of Chapel Hill, one of whom shall be appointed by the governing body of Carrboro and one of whom shall be appointed by the governing body of Hillsborough. provided, however, in the event Chapel Hill, Carrboro or Hillsborough elects not to share in the proceeds of the tax imposed herein, as provided herein, no rep resentative from the so electing municipality shall serve on the Appeals Board . The County Commissioners shall designate a chairman of the Board from the membership of the Board. The expenses of the Board are an administrative expense and shall be paid from the proceeds of the tax. Members of the Board shall serve staggered four-year terms, with the term of two of the members appointed by the Board of Commissioners and the terms of one of the members appointed by the governing bodies of Chapel Hill and Hillsborough ending on June 30 of one four-year period, and the terms of the remaining members ending on June 30 of the four-year period ending the second year following the year in which the terms of the other three members ended. Members shall serve until their successors are appointed. A vacancy shall be filled by the appointing authority of the member who created the vacancy. The Land Transfer Tax Appeals Board shall meet at the call of the chairman and shall meet as often as needed to hear appeals. All appeals to the Board shall be heard by the Board within 45 days of the date the tax collector receives a notice of appeal. The Board shall issue a written decision within 20 days after hearing an appeal and shall send a copy of the decision to the appellant and to the tax collector. If the decision states that an appellant paid more tax than was due, the Register of Deeds shall immediately refund to the appellant the amount of overpayment. The appellant and the tax assessor may appeal the decision of the Board in an action brought in the superior court of the county. An appeal to the superior court of the county shall be heard de novo. (e) Use and distribution of Tax Revenue. Proceeds of the tax shall be divided on a quarterly basis among the county and the municipalities located in the county electing to receive the tax as herein provided, one half in accordance with the per capita method and one half in accordance with the point of origin method as herein defined after the county has deducted its cost of administering and collecting the tax, less refunds . The revenue may be used only for capital expenditures. All proceeds upon distribution shall be placed in a special Capital Reserve Fund for use by the county and the municipalities in the county electing to share the proceeds for any of the following capital expenditures for which it is authorized by law to appropriate funds. 1. road , including rights-of-way acquisition and construction of ancillary facilities; 2. open space and recreation; 3 . publicly assisted housing; 4 . public elementary and secondary school capital outlay, including retirement of indebtedness incurred by the county for this purpose; and 5. other public buildings. Any municipality in the county may, by Resolution, elect to receive its distributive share of the tax imposed herein by delivering the Resolution so electing to the Clerk to the Board of County Commissioners on or before June 30. All such elections shall be made annually. Any such election shall be for the tax collected for instruments recorded for the year beginning July 1 following the election. In the event one or _more municipalities elects not to receive its distributive share, the net proceeds of the tax collected for the year shall be distributed to the county and the remaining municipalities according to the method herein prescribed after eliminating from the calculation the effect on it of the so electing municipalities. (f) Per Capita method defined. The net proceeds of the tax collected in the County shall be divided between the county and municipalities therein upon a per capita basis according to the total population of the county, plus the total population of the municipalities therein ; provided , however , that "total population" of a municipality lying within more than one county shall be only that part of its population which lies within the taxing county. For this purpose, the County Finance Director shall determine a per capita figure by dividing the net proceeds of the tax collected under this Article for the preceding quarter by the total population of the county plus the total population of all municipalities therein according to the most recent annual estimates of population as certified by the State Budget Officer. The per capita figure thus derived shall be multiplied by the population of the county and each respective municipality therein according to the most recent annual estimates of population as certified by the State Budget Officer , and each respective product shall be the amount to be distributed to the county and to each municipality therein. Point of Origin method defined. The net proceeds of the tax collected in the county shall be divided between the county and the municipalities therein according to the location of the property conveyed without regard to the overlapping taxing authority existing between the county and municipality. Proceeds of the tax shall be distributed to a municipality if the property conveyed is within that municipality' s boundary and to the county if the property conveyed is outside of any municipal boundary. (g) 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) . (h) Taxes Recoverable by . Action. If a transferor fails to pay a tax imposed by this section within 30 days of the tax assessor' s demand that he pay the tax, the tax may be recovered by Orange County in an action brought in the superior court of the county. p 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. (i) 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. (j) Repeal. A tax levied by this section may be repealed by a resolution adopted by the Orange County Board of Commissioners. Repeal of a tax levied under this section shall become effective on the first day of a month and shall apply to instruments recorded on or after the effective date of the 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. Section 2. Notwithstanding subsection (d) of this act, the initial term of one of the members of the Land Transfer Tax Appeals Board appointed , by the Orange County Board of Commissioners and the initial terms of the members appointed by the governing bodies of Chapel Hill and Hillsborough shall end on June 30 of the second year after their term begins. Section 3. This act is effective June 30 , 1987 . e A BILL TO BE ENTITLED AN ACT TO AUTHORIZE MUNICIPALITIES AND COUNTIES TO ENGAGE IN JOINT PLANNING PROGRAMS AND TO ENTER INTO ANNEXATION AGREEMENTS The General Assembly of North Carolina enacts: Section 1. Article 19 of G.S. Chapter 160A is amended to add a new Section 160A-360.1 to read as follows: § 160A-360.1 Joint Planning. (a) A city and a county may agree that, within a mutually agreed upon geographical area (hereinafter, the "joint planning area") all of the powers granted by this article, including without limitation powers involving the exercise of legislative discretion, may be exercised by the city on behalf of the county, by the county on behalf of the city, or jointly by both the city and county. By way of illustration without limitation, a city and county may agree that, within a defined joint planning area, the city may adopt the text of a zoning or subdivision ordinance on behalf of the county and may administer and enforce such ordinance, but that all decisions establishing or amending the zoning classifications or properties shall be jointly determined by the two governing bodies. (b) Any agreement authorized under subsection (a) shall be reduced to writing and shall be ratified by resolution of the governing body of each unit that is a party to the agreement. The agreement shall specify: (1) The area or areas within which the power specified in the agreement are to be exercised. (2) The powers that are to be exercised and the manner in which the powers are to be exercised by the parties (i.e., one unit on behalf of another or jointly). (3) The duration of the agreement. (4) The methods for amending the agreement (including the area within which the agreement will be effective) and terminating the agreement. (c) If the city exercises any legislative or administrative powers or functions on behalf of a county under this section, then the agreement authorized under subsection (b) may provide for a means of representation of residents of the joint planning area in the same manner and to the same extent as representation of residents of an extraterritorial planning area is provided for under G.S. 160A-362. (d) In exercising any power or function authored under an agreement adopted pursuant to the section, a city or county' governing board or a i 2 administrative agency may exercise that and function in accordance with such boards or agency' s regular procedures Section 2. Article 4A of G.S. Chapter 160A is amended by adding a new Part 6 to read as follows: Part 6. Interlocal Agreements Limiting Annexation Authority § 160A-58.20 Interlocal A reements Limitin Annexation Au hey. (a) The following terms shall have the meaning indicated when used in this section. (1) Agreement. An agreement authorized under subsection (b) of this section. (2) Involuntary annexation. Annexation authorized or undertaken pursuant to G.S. Chapter 160A, Article 4A, Parts 2 or 3. (3) Voluntary annexation. Annexation authorized or undertaken pursuant to G.S. 160A-31 or G.S. Chapter 160A, Article 4A, Part 4. (b) Two or more municipalities or owritten a agreements with each other or more counties may enter into binding 9 to set forth areas or boundries al tiesn will ref more annexation (voluntary, of the participating involuntary, or both). Such agreements shall be of reasonable duration, not to exceed twenty years. (c) Before engaging in involuntary annexation, a municipality that is a party to an agreement shall send to the chief administrative official of every other party to such agreement 38(a)y of 1b0A notice intent to territory specified in G.S. to Before engaging in voluntary annexation,n municipality the agreement ascopyaofythe an agreement shall send to each other p arty to statutorily required notice d hb hearing proposed voluntary annexation. A failure to send the nnticereqied herein shall render any annexation undertaken in di red underf this requirement null and void with respect to any property cove (d) If, on or before municipality ality that public cparty hearing an agreement annexation, an annexing P receives from another party to such agreement a written statement of protesting the proposed annexation on the basis of adopted al l eby ed the violatio-n annexing ng such agreement, .then an annexation municipality may not make the annexation effective sooner than 30 days following the date of the adoption of such ordinance. (e) Monetary damages shall not constitute f h agreement may be redressed agreement. However, an alleged breach as provided in this subsection. • • w 3 (1) Any party to an agreement entered into under this section who believes that another party has adopted an involuntary annexation ordinance in violation of the agreement may appeal the annexation in the manner set forth in G.S. 160M-38 or G.S. 160A-50 (as appropriate), except that the petitioning party to such an agreement need not demonstrate material injury or prejudice beyond the violation of the agreement. If the court concludes that the agreement has been violated, it shall , in addition to any other appropriate remedy, remand the ordinance to the municipal governing board for amendment of the annexation boundaries to exclude the area included in violation of the agreement. (2) Any party to an agreement who believes that another party has adopted a voluntary annexation ordinance in violation of the agreement may, not later than 30 days after the adoption of any such ordinance, file a petition in the superior court of the county in which the municipality is located seeking review of the action of the governing board adopting such ordinance. (a) Such petition shall explicity state what exceptions are taken to the action of the governing body and what relief the petitioner seeks. Within 5 days after the petition is filed with the court, the party seeking review shall serve copies of the petition by certified mail, return receipt requested, upon the annexing municipality. (b) Within 15 days after receipt of the copy of the petition for review, or within such additional time as the court may allow, the municipality shall transmit to the reviewing court a copy of the annexation petition as well as a copy of the annexation ordinance and any other minutes or documents that constitute the record of the annexation procedure. (c) The court shall fix the date for review of annexation proceedings under this part, which review shall prefereably be within 30 days following the date of the petition to the end that review shall be expeditious and without unnecessary delays. The review shall be conducted by the court without a jury. The court may hear oral arguments and receive written briefs, and may take evidence intended to determine whether there has been a violation of an agreement authorized under this section. (d) If• the court determines that there has been a violation of an annexation agreement, it shall declare the annexation null and void and may order any additional relief that appears appropriate. (e) If an area that has been voluntarily annexed is the subject of an appeal to the superior court or Court of Appeals on the 4 effective date of the ordth aneitdater with crespect to deemed amended to make e effective such area the date of the final judgment of the _superior court or appellate division, whichever is appropriate. Section 3. This act shall apply only to Orange County. Section 4. This act is effective upon ratification. s ' y , 1 r NORTH CAROLINA ORANGE COUNTY BOARD OF , COMMISSIONERS RESOLUTION ORANGE COUNTY WHEREAS Orange County and the municipalities in Orange County have experienced and expect to continue to experience rapid growth which has and will continue to have tremendous impacts on the demand for capital improvements to the public facilities of Orange County including its roads, its recreation facilities , its need for public housing, its schools, its courts, its jails, its libraries, and its other public facilities; and WHEREAS an excise transfer tax levied on the transfer of real property in Orange County which tax would be shared by the municipalities within Orange County would have a just and equitable relationship to the increased capital needs of the county and the municipalities within the county caused by rapid rowth; and WHEREAS the attached bill to be entitled AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY AN EXCISE TAX ON INSTRUMENTS CONVEYING REAL PROPERTY IN ORANGE COUNTY will enable Orange County to levy and share with municipalities within the county taxes necessary to make the capital improvements needed and demanded by the citizens of Orange County if adopted by the North Carolina General Assembly; IT IS NOW THEREFORE RESOLVED THAT the Orange County Board of Commissioners respectfully requests its legislative gation to introduce and support when introduced the de l e g 1 only attached bill to be effective June 30, 1987 and to apply to Orange County. 1987 at an Resolved this the 15th day of April, " portion of the April 6, 1987 regular meeting of "adjourned p the Orange County Board of Commissioners. Upon motion duly made and seconded, the foregoing Y b the Board of Commissioners of Resolution was adopted April , 19�• Orange County this the "15t1� day of Halkiotis and Willr►oit Ayes: mmissioners Marshall Gaze I _ Commissioner John Hartwell Noes: • ORANGE COUNTY HILLSBOROUGH NORTH CAROLINA illa,agct s (*az G Sta bppU ti[d 7752 April 15, 1987 The Honorable Representative Anne C. Barnes The Honorable Representative Joe Hackney The Honorable Senator Wanda Hunt The Honorable Senator Russell Walker 24th District North Carolina General Assembly State Legislative Building Raleigh, North Carolina RE: An Act to Authorize Orange County to Levy an County Tax on Instruments Conveying Real Property in An Act to Authorize Municipalities and Counties to Engage in Joint Planning Programs and to Enter into Annexation Agreements Dear Honorable Members of the General Assembly: Transmitted herewith are two additional bills adopted by the Board of Commissioners in continuation meeting April 15, 1987 for submittal to you for action in the 1987 Session of the General Assembly. It is the Board's preference that a Statewide bill be enacted giving counties the authority to levy a transfer tax. With four counties already having the authorization and three additional counties and the City of Raleigh now seeking the enablement conditions may be more favorable to a statewide bill. However, realizing that this may not be the case and given the extensive capital needs faced by Orange County and its towns it is the position of the Board to ask for local legislation if the was Statewide billi.cannotI.be approved. The vote among the hearing members 4, four in favor and one against. This followed a public 1987. The second bill, which is to grant powers to implement the joint planning programs and limit annexation authority, was adopted by unanimous vote of the Board in the .same April 15, 1987 meeting. We appreciate your willingness to introduce and support these bills. Thank you for your help. Sincerely, Kenneth R.-Thompson County Manager cc: Board Members Town Managers GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1987 AN ACT TO AUTHORIZE ORANGE NY IN ORANGE CANNTY EXCISE TAX ON INSTRUMENTS CONVEYING REAL PROPER The General Assembly of North Carolina enacts: Section 1. Tax. (a) Authorization. The Orange County Board of Commissioners may, by resolution, levy an excise tax on instruments conveying certain interests in real property in Orange County. The tax imposed may not exceed one dollar ($1.00) on each one hundred dollars ($100.00) or fraction thereof of the total consideration or value of the interest conveyed, including in the case of a sale, the value of any lien or encumbrance remaining on the property at the time of sale. This tax is in addition to the tax 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 payments are based in whole or in part on the lessee' s receipts, the estimated amount of the lessee' s receipts. (b) Scope. A tax levied under this section applies to all in Orange n instruments conveying an interest in real property i g County except as follows: (1) So much of the consideration or value of the interest conveyed which is not taxable pursuant to the provisions of N.C. Gen. Stat. Section 105-277 .1 shall be exempt from the tax. (2) An instrument conveying an interest in real property 1, from the United States, the State , or a political subdivision of the State shall be exempt from the tax. (3) An instrument recording a lease for a term of 10 years or less, shall be exempt from the tax 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 parties as a lease previously recorded , and the term of the new lease, when added to that of the previous lease, exceeds the 10-year limitation; or c. The lease requires or permits the property to be transferred to the lessee for less than the fair market value of the property; (4) An instrument securing indebtedness shall be exempt from the tax; (5) An instrument recording a transfer in which no consideration was paid or is due the transferor by the. transferee shall be exempt from the tax. (6) This tax does not apply to conveyances of an interest in real property by operation of law, by will, or by - intestacy. (c) Collection. A tax levied under this section is payable by the transferor of the interest at the Orange County Register of Deeds Office before the instrument conveying the interest is recorded. The tax assessor shall stamp or otherwise mark each instrument to approve or exempt the amount of tax due to be paid prior to the instrument being recorded. The Orange County Register of Deeds may not accept. for recordation an instrument subject to a tax levied under this section unless the instrument bears the tax assessor' s mark indicating that the tax is exempt or due to be paid. (d) Appeal. A person who is liable for a tax levied under this section who disputes the amount of tax due shall pay the tax stated by the tax collector to be due, but may appeal the payment of the tax to the Land Transfer Tax Appeals Board by filing a written notice of appeal with the tax collector within 30 days after paying the tax. Upon receipt of a notice of appeal, the tax assessor shall forward a copy of the notice of appeal to the chairman of the Land Transfer Tax Appeals Board. A notice of appeal shall state the reason for the appeal and the amount of tax the appellant contends is due. The Land Transfer Tax Appeals Board is established to determine appeals of taxes imposed under this section. The Board shall consist of five members, two of whom shall be appointed by the Orange County Board of Commissioners, one of whom shall be appointed by the governing body of Chapel Hill, one of whom shall appointed by the governing body of Carrboro and one of whom be aPP y shall be appointed by the governing body of Hillsborough. provided, however, in the event Chapel Hill, Carrboro or Hillsborough elects not to share in the proceeds of the tax imposed herein, as provided herein, no representative from the so electing municipality shall serve on the Appeals Board . The County Commissioners shall designate a chairman of the Board from - the membership of the Board. The expenses of the Board are an administrative expense and shall be paid from the proceeds of the tax. Members of the Board shall serve staggered four-year terms, with the term of two of the members appointed by the Board of Commissioners and the terms of one of the members appointed by the governing bodies of Chapel Hill and Hillsborough ending on June 30 of one four-year period, and the terms of the remaining members ending on June 30 of the four-year period ending the second year following the year in which the terms of the other three members ended. Members shall serve until their successors are appointed. A vacancy shall be filled by the appointing authority of the member who created the vacancy. The Land Transfer Tax Appeals Board shall meet at the call of the chairman and shall meet as often as needed to hear appeals. All appeals to the Board shall be heard by the Board within 45 days of the date the tax collector receives a notice of appeal. The Board shall issue a written decision within 20 days after hearing an appeal and shall send a copy of the decision to the appellant and to the tax collector. If the decision states that an appellant paid more tax than was due, the Register of Deeds shall immediately refund to the appellant the amount of overpayment. The appellant and the tax assessor may appeal the decision of the Board in an action brought in the superior court of the county. An appeal to the superior court of the county shall be heard de novo. (e) Use and distribution of Tax Revenue. Proceeds of the tax shall be divided on a quarterly basis among the county and the municipalities located in the county electing to receive the tax as herein provided, one half in accordance with the per capita method and one half in accordance with the point of origin method as herein defined after the county has deducted its cost of administering and collecting the tax, less refunds . The revenue may be used only for capital expenditures. All proceeds upon distribution shall be placed in a special Capital Reserve Fund for use by the county and the municipalities in the county electing to share the proceeds for any of the following capital expenditures for which it is authorized by law to appropriate funds. 1. road , including rights-of-way acquisition and construction of ancillary facilities; 2. open space and recreation; 3 . publicly assisted housing; 4 . public elementary and secondary school capital outlay, including retirement of indebtedness incurred by the county for this purpose; and S. other public buildings. Any municipality in the county may, by Resolution, elect to receive its distributive share of the tax imposed herein by. _. delivering the Resolution so electing to the Clerk to the Board of County Commissioners on or before June 30. All such elections shall be made annually. Any such election shall be for the tax collected for instruments recorded for the year beginning July 1 following the election. In the event one or _more municipalities elects not to receive its distributive share, the net proceeds of the tax collected for the year shall be distributed to the county and the remaining municipalities according to the method herein prescribed after eliminating from the calculation the effect on it of the so electing municipalities.. (f) Per Capita method defined. The net proceeds of the tax collected in the County shall be divided between the county and municipalities therein upon a per capita basis according to the total population of the county, plus the total population of the municipalities_ therein; provided , however , that " total population" of a municipality lying within more than one county shall be only that part of its population which lies within the taxing county. For this purpose, the County Finance Director shall determine a per capita figure by dividing the net proceeds of the tax collected under this Article for the preceding quarter by the total population of the county plus the total population of all municipalities therein according to the most recent annual estimates of population as certified by the State Budget Officer. The per capita figure thus derived shall be multiplied by the population of the county and each respective municipality therein according to the most recent annual estimates of population as certified by the State Budget Officer , and each respective product shall be the amount to be distributed to the county and to each municipality therein. Point of Origin method defined. The net proceeds of the tax collected in the county shall be divided between the county and the municipalities therein according to the location of the property conveyed without regard to the overlapping taxing authority existing between the county and municipality. Proceeds of the tax shall be distributed to a municipality if the property conveyed is within that municipality' s boundary. and to the county if the property conveyed is outside of any municipal boundary. (g) 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) . (h) Taxes Recoverable by Action. If a transferor fails to pay a tax imposed by this section within 30 days of the tax assessor' s demand that he pay the tax, the tax may be recovered by Orange 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. (i) 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 .. Y convey an interest in real property pursuant to a recorded written contract made before the effective date. (j) Repeal. A tax levied by this section may be repealed by a resolution adopted by the Orange County Board of Commissioners. Repeal of a tax levied under this section shall become effective on the first day of a month and shall apply to instruments recorded on or after the effective date of the 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. Section 2. Notwithstanding subsection (d) of this act, the initial term of one of the members of the Land Transfer Tax Appeals Board appointed by the Orange County Board of Commissioners and the initial terms of the members appointed by the governing bodies of Chapel Hill and Hillsborough shall end on June 30 of the second year after their term begins. Section 3. This act is effective June 30, 1987 . A BILL. TO BE ENTITLED AN ACT TO AUTHORIZE MUNICIPALITIES AND COUNTIES TO ENGAGE IN JOINT PLANNING PROGRAMS AND TO ENTER INTO ANNEXATION AGREEMENTS The General Assembly of North Carolina enacts: Section 1. Article 19 of G.S. Chapter 160A is amended to add a new Section 160A-360.1 to read as follows: § 160A-360.1 Joint Planning. (a) A city and a county may agree that, within a mutually agreed upon geographical area (hereinafter, the "joint planning area") all of the powers granted by this article, including without limitation powers involving the exercise of legislative discretion, may be exercised by the city on behalf of the county, by the county on behalf of the city, or jointly by both the city and county. By way of illustration without limitation, a city and county may agree that, within a defined joint planning area, the city may adopt the text of a zoning or subdivision ordinance on behalf of the county and may administer and enforce such ordinance, but that all decisions establishing or amending the zoning classifications or properties shall be jointly determined by the two governing bodies. (b) Any agreement authorized under subsection (a) shall be reduced to writing and shall be ratified by resolution of the governing body of each unit that is a party to the agreement. The agreement shall specify: (1) The area or areas within which the power specified in the agreement are to be exercised. (2) The powers that are to be exercised and the manner in which the powers are to be exercised by the parties (i.e., one unit on behalf of another or jointly). (3) The duration of the agreement. (4) The methods for amending the agreement (including the area within which the agreement will be effective) and terminating the agreement. (c) If the city exercises any legislative or administrative powers or functions on behalf of a county under this section, then the agreement authorized under subsection (b) may provide for a means of representation of residents of the joint planning area in the same manner and to the same extent as representation of residents of an extraterritorial planning area is provided for under G.S. 160A-362. (d) In exercising any power or function authored under an agreement adopted pursuant to the section, a city or county. governing board or 2 administrative agency may exercise that power and function in accordance with such boards or agency' s regular procedures Section 2. Article 4A of G.S. Chapter 160A is amended by adding a new Part 6 to read as follows: Part 6. Interlocal Agreements Limiting Annexation Authority § 160A-58.20 Interlocal Agreements Limitin Annexation Authority. hority. (a) The following terms shall have the meaning indicated when used in this section. (1) Agreement. An agreement authorized under subsection (b) of this section. (2) Involuntary annexation. Annexation 4authorized oor3,undertaken pursuant to G.S. Chapter 160A, (3) Voluntary annexation.A-31 Annexation authorized 160A, A title 4A�,dPartk4n pursuant to G.S. 160 and one (b) Two or more municipalities one ritten agreements with each other or more counties may enter into binding to set forth areas or boundaries n will ref engagone of the participating municipalities annexation (voluntary, involuntary, or both). Such agreements shall be of reasonable duration, not to exceed twenty years. (c) Before engaging in involuntary annexation, a municipality that is a party to an agreement shall send to the chi f admi ni s rativeenff official al of every other party to such agreement a copy territory specified in G.S. 160A-38(a)t ona munic�pal9ty)th t applicable). Before engaging in voluntary annex agreement a copy party the an agreement shall send to each other party to the n such statutorily required notice of the noticearequired he ein shalld rendertany annexation. A failure to send te annexation undertaken in disregard of an sr f this requirement null and void with respect to any property covered on (d) If, on or before the date of is b a cparty Ito an agreement annexation, an annexing municipality receives from another party to such agreement a written statement protesting the proposed annexation on the basis of adopted by bydthe la io of P g then an annexation ordinance municipality agreement, municipality may not make the such ordinancee sooner than 30 days following the date of the adoption of (e) Monetary damages shall not c of such te a remedy for breach of agreement may be red essed agreement. However, an alleged breach as provided in this subsection. 3 (1) Any party to an agreement entered into under this section who believes that another party has adopted an involuntary annexation ordinance in violation of the agreement may appeal the annexation in the manner set forth in G.S. 160M-38 or G.S. 160A-50 (as appropriate), except that the petitioning party to such an agreement need not demonstrate material injury or prejudice beyond the violation of the agreement. If the court concludes that the agreement has been violated, it shall , in addition to any other appropriate remedy, remand the ordinance to the municipal governing board for amendment of the annexation boundaries to exclude the area included in violation of the agreement. (2) Any party to an agreement who believes that another party has adopted a voluntary annexation ordinance in violation of the agreement may, not later than 30 days after the adoption of any such ordinance, file a petition in the superior court of the county in which the municipality is located seeking review of the action of the governing board adopting such ordinance. (a) Such petition shall explicity state what exceptions are taken to the action of the governing body and what relief the petitioner seeks. Within 5 days after the petition is filed with the court, the party seeking review shall serve copies of the petition by certified mail, return receipt requested, upon the annexing municipality. (b) Within 15 days after receipt of the copy of the petition for review, or within such additional time as the court may allow, the municipality shall transmit to the reviewing court a copy of the annexation petition as well as a copy of the annexation ordinance and any other minutes or documents that constitute the record of the annexation procedure. (c) The court shall fix the date for review of annexation proceedings under this .part, which review shall prefereably be within 30 days following the date of the petition to the end that review shall be expeditious and without unnecessary delays. The review shall be conducted by the court without a jury. The court may hear oral arguments and receive written briefs, and may take evidence intended to determine whether there has been a violation of an agreement authorized under this section. (d) If- the court determines that there has been a violation of an annexation agreement, it shall declare the annexation null and void and may order any additional relief that appears ii appropriate. (e) If an area that has been voluntarily annexed is the subject of an appeal to the superior court or Court of Appeals on the 4 effective date of the ordinance, e the date with crespect to deemed amended to make the e ff ectve such area the date of the final judgment of the .uperior court or appellate division, whichever is appropriate. Section 3. This act shall apply only to Orange County. Section 4. This act is effective upon ratification. 1 - , ti . 1 { _ _ NORTH CAROLINA ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION ORANGE COUNTY WHEREAS Orange County and the municipalities in Orange County have experienced and expect to continue to experience rapid growth which has and will continue to have tremendous impacts on the demand for capital improvements to the public facilities of Orange County including its roads, its recreation facilities , its need for public housing, its schools, its courts, its jails, its libraries, and its other public facilities; and WHEREAS an excise transfer tax levied on the transfer of real property in Orange County which tax would be shared by the municipalities within Orange County would have a just and equitable relationship to the increased capital needs of the county and the municipalities within the county caused by rapid rowth; and WHEREAS the attached bill to be entitled AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY AN EXCISE TAX ON INSTRUMENTS CONVEYING REAL PROPERTY IN ORANGE COUNTY will enable Orange County to levy and share with municipalities within the county taxes necessary to make the capital improvements needed and demanded by the citizens of Orange County if adopted by the North Carolina General Assembly; IT IS NOW THEREFORE RESOLVED THAT the Orange County Board of Commissioners respectfully requests its legislative delegation to introduce and support when introduced the del e g 1 only attached bill to be effective June 30, 1987 and to apply to Orange County. April , 1987 at an Resolved this the 15th day of AP " portion of the April 6, 1987 regular meeting of adjourned p the Orange County Board of Commissioners. . Upon motion duly made and seconded, the foregoing the Board of Commissioners of Resolution was adopted Y , 19 87 Orange County this the 13th day of April Ayes: mmissioners Marshall Halkiotis and Willhoit Cara . Noes: Commissioner John Hartwell ('01.EMAN, HE1;N11OL , DicHERSON, flEHN11o1.r. (.►L1?1,1111,1. & 1IAH(,iz,wE ATTORNEYS AT LAW 110 CM:RTUN STREET 1-111.LSHOROI:GFI, N.( 27278 9(9.732.2196 919-942- .000 CHAPEL HILL OFFICE SUITE 20.FRANK L1N BUILDING 137 E.FRANK LIN STREET CHAPEL HILL,N.C.27514 April 10, 19 8 7 919.929.7151 ALONZO B.COLEMAN,JR. STEVEN A.BERNHOLZ DONALD R. DICKERSON ROGER B.BERNHOLZ GEOFFREY E.GLEDHILL DOUGLAS HARGRAVE MARTIN J. BERNHOLZ RICHARD J. SNIDER.JR. G.NICHOLAS HERMAN Shirley . Marshall,J. SHANGRAW Y , Chair Moses Carey °R ` Stephen Halkiotis BONNER D D SAWYER SAWYER P (1902-1972) John Hartwell Don Willhoit Orange County Board of Commissioners 106 East Margaret Lane Hillsborough, North Carolina 27278 Re: Transfer Tax Legislation Dear Board Members: Enclosed is a draft bill for your consideration on April 15, 1987. I have already sent a copy of this bill, arbitrarily electing the per capita method of distribution, to Representative Hackney and Representative Barnes. Enclosed also is a copy of my cover letter to them. I have attempted to incorporate all of the ideas expressed by Board members during the Board's April 6, 1987 meeting. For ease of identification the things that are different from the draft of the act submitted with the April 6 agenda package are underscored. An exemption is included for transactions wherein the buyer is a nonprofit corporation. i have reservations about this exemption. Article V, Section 2 of the North Carolina Constitution provides in Subsection (1) as follows: (1) Power of Taxation. The power of taxation shall be exercised in a just and equitable manner, for public purposes only, and shall never be surrendered, suspended, or contracted away. Since the focus of this tax is on the transfer of land and since the tax is payable by the transferor, the status of the transferee seems irrelevant. The "just Orange County Board of Commissioners Page Two April 10, 1987 and equitable manner" clause of Article V, Section 2 (1) would probably not permit this exemption. I likewise have reservations about the exemption of the first $50,000 or any other amount of consideration from the tax, given the purpose of the tax. I need more time to think about this and to research its effect. I have structured the exemption as an election so that the bill itself does not create a potential problem. Also enclosed is a document captioned DISTRIBUTION ALTERNATIVES which can be the basis for the Board's election in that regard. When the election is made the elected paragraph (f) will be inserted. Finally, enclosed is a draft resolution which can be transmitted with the bill to the County's legislative delegation. Very truly yours, x I. r Ca W -off ey Gled.• ill GEG/lsg Enclosures \ 2 xc: Ken Thompson V 8 ('(.>i.1:N1AN. I -UNIIOI,Z, I)I(:I(J 1 ON, I E1 NI1Ol.Z. GLEI)1111.1. * 11Au(m ?AV1•: ATTORNEYS Al 1,Aw 11O (-11T'IiTON STREET 111L]S1101i0U011. N.C. 27270 919-732 2106 JI9.942.8000 CHAPEL MILL OFFICE SUITE 20. FRANKLIN BUILDING 137 E.FRANKLIN STREET CHAPEL HILL,N.C.27514 April 10, 19 8 7 919.92D•7151 ALONZO B.COLEMAN.JR. STEVEN A.BERNHOLZ DONALD R, DICKERSON ROGER B.BERNHOLZ GEOFFREY E.GLEDHILL DOUGLAS HARGRAVE MARTIN J. BERNHOLZ RICHARD J. SNIDER,JR. G.NICHOLAS HERMAN KAREN J. SHANGRAW Representative Anne C. Barnes or counsel Representative Joe Hackney BONNER D.SAWYER 24th District (1902-1972) North Carolina General Assembly House of Representatives State Legislative Building Raleigh, North Carolina 27611 Re: An Act to Authorize Orange County to Levy an Excise Tax on Instruments Conveying Real Property in Orange County Dear Anne and Joe: Enclosed is a bill which will be considered by the Orange County Board of Commissioners on April 15, 1987. As you probably know a public hearing was held on this bill by the Board on April 6, 1987. The comments made at that public hearing will be available upon the Board's review and approval of the minutes of its April 6 meeting and will be provided to you as soon as possible. I am providing you with a copy of this bill, along with a Resolution that will be presented to the Board for its consideration on April 15, even though neither have been approved by the Board of County Commissioners, so that the bill can be introduced before the General Assembly's April 15 deadline for local acts. The resolution of the Board along with the act it wishes introduced will be delivered to you on or after April 15, 1987 . Representative Anne C. Barnes Representative Joe Hackney Page Two April 10 , 1987 Thank you for your help in this. Very truly yours, A , / _offr, Gledhill GEG/lsg Enclosures � xc: Kenneth R. Thomp-ofV a Shirley E. Mars%all, Chair Orange County =oard of Commissioners Moses Carey Stephen Halkiotis 0 John Hartwell ed Don Willhoit 2 0 0 2 Z 2 ) O ca 4' 8 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1987 AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY AN EXCISE TAX ON INSTRUMENTS CONVEYING REAL PROPERTY IN ORANGE COUNTY. The General Assembly of North Carolina enacts: Section 1. Tax. (a) Authorization. The Orange County Board of Commissioners may, by resolution, levy an excise tax on instruments conveying certain interests in real property in Orange County. The tax imposed may not exceed one dollar ($1.00) on each one hundred dollars ($100.00) or fraction thereof of the total consideration or value of the interest conveyed, including in the case of a sale, the value of any lien or encumbrance remaining on the property at the time of sale. This tax is in addition to the tax levied by Article 8E 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 payments are based in whole or in part on the lessee's receipts, the estimated amount of the lessee's receipts. (b) Scope. A tax levied under this section applies to all instruments conveying an interest in real property in Orange County except as follows: (1) The Orange County Board of Commissioners may, by Resolution, elect to exempt from the tax imposed herein up to $50,000 in consideration or value of the interest conveyed in instruments subject to the tax imposed herein. The exemption election and amount of the ... s exemption, which shall be uniform for all instruments subject to the tax, shall be made annually by the Board and no later than June 30 of each year affecting instruments recorded on and after July 1 of the same year . An exemption election by the Board shall Y Iautomatically expire on June 30 of the year following i its election. i (2) An instrument conveying an interest in real property i from the United States, the State, or a political subdivision of the State shall be exempt from the tax. (3) An instrument conveying an interest in real property to 4 4 i a not for profit organization, organized as such under 1 ithe laws of North Carolina and which organization has received a certificate of tax exemption from the . 4 Internal Revenue Service shall be exempt from the tax. i (4) An instrument recording a lease for a term of 10 years c i ior less, unless: a. The lease gives the lessee an option to renew the I lease for a period that, when added to the term of the lease, exceeds the 10-year limitation; or a b. The lease is for substantially the same property a > and is between the same parties as a lease previously recorded , and the term of the new lease, when added to that of the previous lease, 1 exceeds the 10-year limitation; or ,i i . c. The lease requires or permits the property to be transferred to the lessee for less than the fair market value of the property; (5) An instrument securing indebtedness shall be exempt from the tax; (6) An instrument recording a transfer in which no consideration was paid or is due the transferor by the transferee shall be exempt from the tax. (7) This tax does not apply to conveyances of an interest in real property by operation of law, by will, or by intestacy. (c) Collection. A tax levied under this section is payable by the transferor of the interest at the Orange County Register of Deeds Office before the instrument conveying the interest is recorded. The tax assessor shall stamp or otherwise mark each instrument to approve or exempt the amount of tax due to be paid prior to the instrument being recorded. The Orange County Register of Deeds may not accept for recordation an instrument subject to a tax levied under this section unless the instrument bears the tax assessor's mark indicating that the tax is exempt or due to be paid. (d) Appeal. A person who is liable for a tax levied under this section who disputes the amount of tax due shall pay the tax stated by the tax collector to be due, but may appeal the payment of the tax to the Land Transfer Tax Appeals Board by filing a written notice of appeal with the tax collector within 30 days after paying the tax. Upon receipt of a notice of appeal, the tax assessor shall forward a copy of the notice of appeal to the chairman of the Land Transfer Tax Appeals Board. A notice of appeal shall state the reason for the appeal and the amount of tax the appellant contends is due. The Land Transfer Tax Appeals Board is established to determine appeals of taxes imposed under this section. The Board shall consist of five members, two of whom shall be appointed by the Orange County Board of Commissioners, one of whom shall be appointed by the governing body of Chapel Hill, one of whom shall be appointed by the governing body of Carrboro and one of whom shall be appointed by the governing body of Hillsborough . Provided, however, in the event Chapel Hill, Carrboro or Hillsborough elects not to share in the proceeds of the tax imposed herein, as provided herein, no representative from the so electing municiRality shall serve on the Appeals Board . The County Commissioners shall designate a chairman of the Board from the membership of the Board. The expenses of the Board are an administrative expense and shall be paid from the proceeds of the tax. Members of the Board shall serve staggered four-year terms, with the term of two of the members appointed by the Board of Commissioners and the terms of one of the members appointed by the governing bodies. of Chapel Hill and Hillsborough ending on June 30 of one four-year period, and the terms of the remaining members ending on June 30 of the four-year period ending the second year following the year in which the terms of the other three members ended. 1 . road , including rights-of-way acquisition and construction of ancillary facilities; 2. open space and recreation; 3 . publicly assisted housing ; 4 . public elementary and secondary school capital outlay, including retirement of indebtedness incurred by the county for this purpose; and 5. other public buildings. Any municipality in the county may, by Resolution, elect to not receive its distributive share of the tax imposed herein by delivering the Resolution so electing to the Clerk to the Board of County Commissioners on or before June 30. All such elections shall be made annually. Any such election shall be for the tax collected for instruments recorded for the year beginning July 1 following the election. In the event one or more municipalities elects not to receive its distributive share, the net _proceeds of the tax collected for the year shall be distributed to the county and the remaining municipalities according to the method herein prescribed after eliminating from the calculation the effect on it of the so electing municipalities. (f) Per Capita method defined. The net proceeds of the tax collected in the County shall be divided between the county and municipalities therein upon a per capita basis according to the total population of the county, plus the total population of the municipalities therein ; _provided , however , that " total o ulation" of a munici alit 1 in within more than one count shall be onl that art of its o ulation which lies within the taxing county. For this purpose, the County Finance Director shall determine a per capita figure by dividing the net proceeds Members shall serve until their successors are appointed. A vacancy shall be filled by the appointing authority of the member who created the vacancy. The Land Transfer Tax Appeals Board shall meet at the call of the chairman and shall meet as often as needed to hear appeals. All appeals to the Board shall be heard by the Board within 45 days of the date the tax collector receives a notice of appeal. The Board shall issue a written decision within 20 days after hearing an appeal and shall send a copy of the decision to the appellant and to the tax collector. If the decision states that an appellant , paid more tax than was due, the Register of Deeds shall immediately refund to the appellant the amount of overpayment. The appellant and the tax assessor may appeal the decision of the Board in an action brought in the superior court of the county. An appeal to the superior court of the county shall be heard de novo. (e) Use and distribution of Tax Revenue. Proceeds of the tax shall be divided on a quarterly basis among the county and the municipalities located in the county in accordance with the per capita method as herein defined after the county has deducted its, cost of administering and collecting the tax, less refunds. The revenue may be used only for capital expenditures. All proceeds upon distribution shall be placed in a special Capital Reserve Fund for use by the county and the municipalities in the county electing to share the proceeds for any of the following capital expenditures for which it is authorized by law to appropriate funds. A of the tax collected under this Article for the preceding quarter b the total o ulation of the count lus the total o ulation of all municipalities therein according to the most recent annual estimates of population as certified by the State Budget Officer. The per capita figure thus derived shall be multiplied by the population of the count and each res ective munici alit therein according to the most recent annual estimates of population as certified by the State Budget Officer, and each respective product shall be the amount to be distributed to the county and to each municipality therein. (g) 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) . (h) Taxes Recoverable by Action. If a transferor fails to pay a tax imposed by this section within 30 days of the tax assessor' s demand that he pay the tax, the tax may be recovered by Orange 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. (i) 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. (j) Repeal. A tax levied by this section may be repealed by a resolution adopted by the Orange County Board of Commissioners. Repeal of a tax levied under this section shall become effective on the first day of a month and shall apply to instruments recorded on or after the effective date of the 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. Section 2. Notwithstanding subsection (d) of this act, the initial term of one of the members of the Land Transfer Tax Appeals Board appointed by the Orange County Board of Commissioners and the initial terms of the members appointed by the governing bodies of Chapel Hill and Hillsborough shall end on June 30 of the second year after their term begins. Section 3. This act is effective June 30, 1987 . DISTRIBUTION ALTERNATIVES (f) Per Capita method defined. The net proceeds of the tax collected in the County shall be divided between the county and municipalities therein upon a per capita basis according to the total population of the county, plus the total population of the municipalities therein; provided, however, that "total population" of a municipality lying within more than one county shall be only that part of its population which lies within the taxing county. For this purpose, the County Finance Director shall determine a per capita figure by dividing the net proceeds of the tax collected under this Article for the preceding quarter by the total population of the county plus the total population of all municipalities therein according to the most recent annual estimates of population as certified by the State Budget Officer. The per capita figure thus derived shall be multiplied by the population of the county and each respective municipality therein according to the most recent annual estimates of population as certified by the State Budget Officer, and each respective product shall be the amount to be distributed to the county and to each municipality therein. (f) Ad Valorem method defined. The net proceeds of the tax collected in the county shall be divided between the county and the municipalities therein in proportion to the total amount of ad valorem taxes levied by 1 each on property having a tax situs in the county during the fiscal year next preceding such distribution. For purposes of this section, the amount of the ad valorem taxes levied by the county shall include any ad valorem taxes levied by the county in behalf of a taxing district or districts and collected by the county. In computing the amount of tax proceeds to be distributed to any county or municipality, the amount of any ad valorem taxes levied but not substantially collected shall be ignored. (f) Point of Origin and Taxing Effort method defined. The net proceeds of the tax collected in the county shall be divided between the county and the municipalities therein according to the location of the property conveyed and in proportion to the total amount of ad valorem tax base within the county and within each municipality and the percentage of taxes levied by the taxing authorities. For this purpose the County Finance Director shall add the tax rates applied to determine the ratio of taxing effort existing between the respective municipality and the county. The percentage thus derived shall be applied to the transfer taxes collected to determine the amount to be distributed to each municipality and to the county. (f) Point-of-Origin method defined. The net proceeds of the tax collected in the county shall be divided between the county and the municipalities therein according to the location of the property conveyed without 2 regard to the overlapping taxing authority existing between the county and municipality. Proceeds of the tax shall be distributed to a municipality if the property conveyed is within that municipality's boundary and to the county if the property conveyed is outside of any municipal boundary. 3 NORTH CAROLINA ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION ORANGE COUNTY WHEREAS Orange County and the municipalities in Orange County have experienced and expect to continue to experience rapid growth which has and will continue to have tremendous impacts on the demand for capital improvements to the public facilities of Orange County including its roads, its recreation facilities , its need for public housing, its schools, its courts, its jails, its libraries, and its other public facilities; and WHEREAS an excise transfer tax levied on the transfer of real property in Orange County which tax would be shared by the municipalities within Orange County would have a just and equitable relationship to the increased capital needs of the county and the municipalities within the county caused by rapid rowth; and, WHEREAS the attached bill to be entitled AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY AN EXCISE TAX ON INSTRUMENTS CONVEYING REAL PROPERTY IN ORANGE COUNTY will enable Orange County to levy and share with municipalities within the county taxes necessary to make the capital improvements needed and demanded by the citizens of Orange County if adopted by the North Carolina General Assembly; IT IS NOW THEREFORE RESOLVED THAT the Orange County Board of Commissioners respectfully requests its legislative delegation to introduce and support when introduced the attached bill to be effective June 30, 1987 and to apply only to Orange County. Resolved this the 15th day of April, 1987 at an "adjourned" portion of the April 6, 1987 regular meeting of the Orange County Board of Commissioners. Upon motion duly made and seconded, the foregoing Resolution was adopted by the Board of Commissioners of Orange County this the /5,4 day of +r I _, 191Z. Ayes: 4,114//) 1`rLr'e /C) A , ,4 Ak 1�.�®l Noes: 4,004 or wo ` FINANCE DEPARTMENT 17 5: r p '717 est AA`I' M E M O R A N D U M ORANGE COUNTY GORDON R. BAKER DIRECTOR TO: County Manager FROM: Finance Director/ SUBJECT: Land Transfer Tax DATE April 10, 1987 The attached table illustrates the distribution of a land transfer tax of one percent (1%) based upon the revenue stamps associated with real estate transactions as maintained in the County's files for 1986. The illustration has been expanded from the previous illustration of April 3rd to include figures for exempting from the tax the first $50,000 and the first $75,000 of values of real estate conveyances. The data base for the illustration is basically the same as was used for the previous illustration on April 3rd. A small decrease in the total value of the transactions has occured since the previous illustration due to the removal of this information from the file once the deed is recorded. Also, some shifting in the value from one jurisdiction to another has occured due to further analysis of the information in the files. The illustration indicates that exempting the first $50,000 of value from each transaction reduces the total tax available for distribution by 49.7%. Exempting the first $75,000 reduces the total tax available for distribution by 65.2%. This points out the fact that a majority of the real estate transactions are for values under the $75,000 floor and a substantial number of transactions are under the $50,000 floor. The illustration does not include any exemptions for non-profit organizations. This type of information is .not available in the files as they are presently maintained. Also, as was mentioned in my memorandum of April 3rd, the actual amount of transfer tax for the period illustrated would have been greater. The information maintained and available in the files is not an indication of the total taxable value related to real estate transfers. 106 EAST MARGARET LANE • HILLSBOROUGH, NORTH CAROLINA 27278 • 919/732-8181 J F- LAND TRANSFER TAX DISTRIBUTION ALTERNATIVES 6.3 $ 46,760 4.2 $ 98,650 8.8 Chapel Hill 2941402 26.3 POINT OF ORIGIN AND 24.8 258,286 23.1 PER CAPITA (1) AD VALOREM (2) TAX EFFORT (3) POINT OF ORIGIN (4) 1.3 AMOUNT $ AMOUNT 1.9 N/A AMOUNT % AMOUNT % 1. No Exemption N/A . 806,390 N/A 72.0 427,560 38.3 County 490,329 _63.4 522,811 Carrboro $ 164,640 7.4 $ 140,166 6.3 $ 121,316 5.5 $ 255,940 11.5 Chapel Hill 5858,138 26.3 551,765 24.8 441,075 19.8 975,830 43.9 Hillsborough 55,622 2.5 28,923 1.3' . 14,666 .7 44,070 1.8 Mebane 8,899 .4 N/A N/A ..N /A N/A N/A N/A County 1,410,561 63.4 1,504,006 67.6 1,647,803 74.0 953,020 42.8 $ 2,224,860 100.0 $2,224,860 100.0 $2,224,860 100.0 $2,224,860 100.0 2. First $50,000 Exempted Carrboro $ 82,836 7.4 $ 70,522 6.3 $ 46,760 4.2 $ 98,650 8.8 Chapel Hill 2941402 26.3 277,611 24.8 258,286 23.1 571,430 51.0 Hillsborough 27,985 2.51 14,552' 1.3 7,964 .7 21,760 N/A 1.9 N/A Mebane 4,477 709,700 .4 63.4 N/A 756,715 N/A 67.6 N/A . 806,390 N/A 72.0 427,560 38.3 County 490,329 _63.4 522,811 67.6 554,088 71.6 287,070 37.2 $.1,119,400 100.0 $1,119,400 100.0- $1,119,400 .100.0 $1,119,400 100.0 3. First $75,000 Exempted Carrboro $ 57,231 7.4 $ 48,724 -- 6.3 $ 22,425 2.9 $ 47,310 6.1 Chapel Hill 203,402 26.3 191 ■801 24.8 190,260 - 24.6 420,930 54.4 Hillsborough 19,335 2.5 10,054 1.3 6,617 .9 18,080 2.3 N/A Mebane 3,093 .4 N/A N/A N/A N/A N/A County 490,329 _63.4 522,811 67.6 554,088 71.6 287,070 37.2 $ 773,390 100.0 $ 773,390 100.0 $ 773,390 100.0 $ - 773,390 100.0 NOTE: N/A in the columns for Mebane indicates that the information to make the calculations was-not available. Also, figures for the portion of the City of Durham that lies in Orange County are not shown either because the information was not available or because the amount was insignificant. 4 4 - FINANCE DEPARTMENT 17 > 52 ir.Fr '<<b ORANGE COUNTY GORDON R. BAKER DIRECTOR . MEMORANDUM • • To: County Manager From: Finance Director Subject: Land Transfer Tax Exemptions • Date: April 13, 1987 The Tax Supervisor and myself have had discussions related to the land transfer tax, especially related to the exemption -of the first $50,000 or $75,000 of value of any real estate conveyance. While we understand the concerns of the Commissioners regarding affordable housing in the County, we do not feel that a land transfer tax will necessarily have the effect of increasing the cost of housing in the County. Also, we feel that the exemption would make the transfer tax totally inequitable. While it is true that the transfer tax is basically a sales tax on real estate, it does not follow that this tax would necessarly be passed on to the consumer, as is the local option sales tax. The items taxed under the local option sales tax are, for the most part, homogeneous items with relatively small individual values. These items are available from many different suppliers at varying prices. These prices are generally set by the suppliers based on cost and generally are not negotiated prices. However, each piece of real estate is a unique item. Also, land is not reproducable. Real estate normally is transferred at market value. Market value is what a willing buyer and a willing seller determines it to be. Any tax on this transaction may or may not be a part of the negoation that takes place in determining the worth of the particular piece of real estate to the buyer and to the seller. The inequity in the exemption can be illustrated as follows. A large tract of land is purchased from a farmer by a real estate developer at market value. The transaction is for considerably more than the proposed transfer tax exemptions. The farmer will pay a land transfer tax on this conveyance. The developer subdivides this large tract into smaller lots. These lots have a market value of less than the exemptions. The subdivider can thus sell these individual lots without ever being subject to a transfer tax. It seems- inequitable to grant an exemption to the developers in the County. It seems that the real intent of the tax is to allow the County (and other jurisdictions) to reap some of the profits that these types of transactions are generating for the developers. These are the types of transactions that are having 106 EAST MARGARET LANE • HILLSBOROUGH, NORTH CAROLINA 27278 • 919/732-8181 the greatest impact on .the County and municipal governments. The exemptions would therefore tend to exempt those transactions for which the tax is designed to apply. As can be seen from the illustration included in my memorandum of April 10, a large number of land conveyances fall in the range of the $50,000 and $75,000 exemptions. • .1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date April 15, 1987 Action Agenda SUBJECT: ENO RIVER ESTATES - PRELIMINARY PLAN Item #� DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact: Jane Garrett Application Vicinity Map Preliminary Plan Preliminary Plan Certification Agency Comments Draft 3-16-87 Planning Board Minutes Private Road Evaluation Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider for approval the Preliminary Plan for Eno River Estates. This item was deferred from the Commissioners April 6, 1987 meeting. BACKGROUND: The property in question is located in Cedar Grove Township , extending from Lake Orange Road (SR 1323) . There are 27 lots proposed out of approximately 81 acres. The average lot size is 2.9 acres, and the subdivision will be developed in two (2) phases. The roads in the subdivision will be con- structed to NCDOT standards for a residential subdivision. However, the applicant proposes that the streets be retained in private status and maintained by a homeowners associa- tion. No zoning has been adopted in Cedar Grove Township. The Land Use Plan designation is Agricultural Residential. - The minimum lot size required in unzoned townships is 40, 000 sq. ft. All applicable agencies have reviewed and commented on the proposal. The North Carolina Department of Transportation provided recommendations in the enclosed letters dated January 8, 1987 and February 11, 1987. If the roads in the proposed subdivision are to be added to the system of State-main- tained roads, the bridge spanning the Eno River will have to meet NCDOT criteria (see 1-8-87 NCDOT letter) . The Orange County Planning Board supports the NCDOT recommendations regarding the bridge. The Orange County Recreation Department provided a recom- mendation in the enclosed memo of February 23, 1987. Voluntary donation or an easement grant for the 100-year flood plain area adjacent to the Eno River is to be sought by the Recreation Director. Since no plan for parks and/or greenways exists for Cedar Grove Township, the Orange County Planning Board supports this recommendation. The Planning Board recommends approval contingent upon the following conditions: (1) Provide a notation on the final plat indicating restricted development potential if lots 17 and 18 prove unsuitable for septic systems; (2) The community association that will maintain the private streets in the subdivision should establish capital fund that will be sufficient to replace, in compliance with NCDOT guidelines (minimum construction standards for bridges) , the bridge crossing the Eno River. Capitalization of this fund should be deter- mined by a qualified engineer and should be based on the estimated replacement cost being available at the end of the present bridge's remaining life span. (3) Meet with the Recreation and Parks Director regarding a voluntary donation of an easement in the 100-year floodplain area adjacent to the Eno River; (4) Provide a 50 foot undisturbed buffer for lots with frontage on the floodplain area adjacent to Eno River and frontage on Lake Orange; The Planning Department, upon the recommendation of the County Attorney, has provided an evaluation of the private road standards as related to the proposed subdivision. Based on the evaluation, the Planning Department recommends private roads constructed to NCDOT standards for paved roads. RECOMMENDATION: The Manager endorses the Planning Board's recommendations and recommends the following additional conditions: (1) The Road Maintenance Agreement for the private roads in Eno River Estates shall indicate that the roads will be maintained to State standards; (2) The plat shall include the name of the owner and location of parcel 2.45. .3A, John W. Tolar, on the r final plat; (3) The applicant' s engineer shall provide the NCDOT, for review and approval , an evaluation of the load bearing capacity of the bridge and shall make whatever improve- ments are necessary to certify that the bridge meets NCDOT safety and construction criteria, including: a) structures which are to span open streams shall be designed for hydraulic requirements in accordance with the Division of Highways criteria, and b) structures shall be designed for a minimum live load HS-20 as specified in the Standard Specifications for Highway Bridges of the American Association of Highway Officials, c) other requirements, as set forth in the Subdivision Manual May 1 , 1983 shall be followed. (4) The applicant shall have performed and shall post with Orange County an annual bridge inspection report. The Manager further recommends that Orange County' s consulting engineer be directed by the Manager to conduct a study and provide recommendations concerning measures to safeguard the Lake Orange dam structure and spillway, including but not limited to, fencing to prevent public access. - r NORTH CAROLINA ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION ORANGE COUNTY WHEREAS Orange County and the municipalities in Orange County have experienced and expect to continue to experience rapid growth which has and will continue to have tremendous impacts on the demand for capital improvements to the public facilities of Orange County including its roads, its recreation facilities , its need for public housing, its schools, its courts, its jails, its libraries, and its other public facilities; and WHEREAS an excise transfer tax levied on the transfer of real property in Orange County which tax would be . shared by the municipalities within Orange County would have a just and equitable relationship to the increased capital needs of the county and the municipalities within the county caused by rapid rowth; and WHEREAS the attached bill to be entitled AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY AN EXCISE TAX ON INSTRUMENTS CONVEYING REAL PROPERTY IN ORANGE COUNTY will enable Orange County to levy and share with municipalities within the county taxes necessary to make the capital improvements needed and demanded by the citizens of Orange County if adopted by the North Carolina General Assembly; IT IS NOW THEREFORE RESOLVED THAT the Orange County Board of Commissioners respectfully requests its legislative delegation to introduce and support when introduced the attached bill to be effective June 30, 1987 and to apply only to Orange County. Resolved this the 15th day of April, 1987 at an "adjourned" portion of the April 6, 1987 regular meeting of the Orange County Board of Commissioners. Upon motion duly made and seconded, the foregoing Resolution was adopted by the Board of Commissioners of Orange County this the 15th day of April , 1987 • Ayes: mmissioners Marshall Carey, Halkiotis and Willhoit Noes: Commissioner John Hartwell _- ORANGE COUNTY 003 BOARD OF COMMISSIONERS Action Agenda Item No.�N a ACTION AGENDA ITEM ABSTRACT Meeting Date: APRIL 6, 1987 SUBJECT: REAL ESTATE TRANSFER TAX DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: X Yes 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 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. Three others (Perquimans, Pasquotank and the City of Raleigh) have announced 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 is attached showing what the proceeds would have been in 1985-86 had the tax been in effect. It also shows what the distribution would have been using point of origin and per capita approaches. Ratified bills for Dare and Camden counties are attached for information. RECOMMENDATION(S) : O R A N G E C O U N T Y BOARD OF COMMISSIONERS 086 ACTION AGENDA ITEM ABSTRACT Meeting Date April 6 , 1987 Action Benda SUBJECT: WOODBROOKE SUBDIVISION - PRELIMINARY Item 1+ DEPARTMENT: PLANNING PUBLIC HEARING Yes , X No Attachment( s) Information Contact: Eddie Kirk Staff Memo Checklist Preliminary Plat Certification Vicinity Map Agency Letters Preliminary Plan Draft 3-16-87 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 Woodbrooke Subdivision . BACKGROUND: The proposed cluster subdivision is located partly in Chapel Hill Township and partly in Bingham Township. The property is located at the end of Meadow Lane (SR 1195) , and the applicant proposes to extend this State road to serve the subdivision . The property is zoned RB (Rural Buffer) . It is located in the University Lake Watershed and is also designated as Rural Buffer in the Land Use Plan. The property contains 27 .32 acres. The proposed subdivision will contain 12 lots with an average size of 1 .5 acres. The overall density for the development is one dwelling per 2. 1 acres, excluding rights-of-way. All applicable agencies have reviewed and commented on the application. The Subdivision Regulations require at least 20% of the gross land area to be designated as common open space. The applicant has designated 44% of the land area for this purpose - 8.55 acres to be dedicated to the County, and 3 .43 acres designated as common open space. The Recreation and Parks Department recommends that the 8 .55 acres on the west side of the tract be accepted by the County for recreation and park purposes. The Planning Board recommends approval . 087 RECOMMENDATION: Approve subject to the following conditions: 1 . A septic line easement for lot #8 must be provided through lot 7 into the dedicated open space area as required by the Health Department. The Recreation and Parks Director has indicated no difficulty with this arrangement. 2. A homeowners association should be established to maintain the common area. An optional approach would be to donate the land to the Triangle Land Conservancy. That organization has indicated an interest in the proposal and is willing to meet with the applicant. The Planning Director further recommends that lots 1 , 2, 9, 10 and 11 be revised to have an area of at least 43, 560 square feet in each lot. The cluster provisions permit lot size reductions of no more than one—half the required minimum lot size (two acres) . PLEASE TYPE OR PRINT (INK ONLY) • �$�• 11/85 • • APPLTCATIUN FOR SUBOIVISIGN APPROVAL ORANGE COUt]TY DATE: August 26, 1986 SUBDIVISION NAME: WOODBROOKE LOCATION: Lot & 78 Page 21 Bingman Township . OWNER/DEVELOPER:- Phoenix Construction Corp. of Fla. Inc. Q.B.A. Construction Resources _ ADDRESS:. 1068 E. Main Street TELEPHONE NO. : 967-5158 Carrboro, North Carolina 27510 AGENT/CONTACT: Thomas O'Dwyer TELEPHONE NO 96?-5159 j Tom Starnes A . SUMMARY INFORMATION: Orange County Tax Map Pg- 21 Black NSA Lots] Township Bingham Zoning District(s] : Chapel Hill Township/Bingham Township Total Number of Acres : 7/.32 acres Phases : Development Total Number of Lots: .....2... Average Lot Size:. 1.5 ac-Min imum Lot Si zs 1.5 a� Number/Type, or Structures.: (existing) N/A _ (proposed] 9 houses Lines L Feet in Streets:. ,1 .3gn Acres in Open Space 13.38 - Water Supp Ly:• Pub li c(speci fy] Community X Indi vi dua i • Wastewater Di sposa L: Pub Li c( ep eci fy I Commun i ty• _X Ind1 vi duo l Schao L Gi etri ct: Chapel Hit City Fire District : Genera L Land Uses in Area: single family dwelling Critical Areas: X stream/dreinagsways flood prone arses University Lake watershed( sp eel fy] hi eta ric sites. either(exp Lai n l_ El . ALL p Lets must be submitted • on sheet no sma L Ler than one inch equa Ls two- - hundred feet (16=20011 and. no Larger than one inch aqua Ls • fifty feet Cl "=5O ' ) and must. contain- the fo LLowing information : X X MI subdivision name building estbssk Lines - aems of °wear(.! *ft by notation or typical tom eck it em s 5!! neon- of sums er, engineer Sr lip Layout g y q +'rr Land. planner y x:: r Dm leted x :���.-�:� P �,,,,..'; existing end: proposal array P ) (titles] Prullminery 'PLan 'a.:l aunts (drainage, utilities, spats, north (North St ;:tip rasds.. item.* <•� • tap of esepl X : existin x g, r proposed end diets (including revision aet.ml �::�:?% adjoining rights-of-way g. '-t tbunship, tax rap-black-tot •� • including ieensione ono 1 references f:% g x �� � strart aerr• and scat' rCa4 boundary described with nu.bsra • +-`',' beeringa and dl Na a saist1ng and propoas4 "• .+ total acre■ s of the treat r +'r> 9 der•,. ati iffier, Including - . { and ucrsag• of lots, Including ;i a trpa, stone, end d secluding are■ within t hydrants. waiver and x ei hte-ef.va -A- control Garner x $i existing and proposed culvert ::''' Y proposed lot Linea with x tom' including sizes and grades dimension■ ▪ 444: typical straws cruse-•.coons ., lot numbers w+ :r end intersection details P- 's phasing linos �,'** including design and width - g:'' .: topography it ten foot (101 / :+:-: of trsruLway end ■ncutdor; x .?{ 1 is N A▪ +:. horizontal alignment . and ; r water bodies, Straa.., flood- yi ;r,• general curve data (Audio x wry and tloodp(sins :•14.4:•.1 reads! . stream buffers and notation 5S permanent" fasters• such as ▪ ::.1-. Indicating restricted "' buildings, rtee, ' x development patent's( ' r,ti rsy•y� historic Landmarks, • township. corporate and extra.. v adjoining LOT ' Layout tsrritor/el planning f adjoining property jurisdiction line■ which awnsrs and $UOUiriuione x .. : cross the property location end size of paresis dedicated for Pratte usa or raesrreel . NA (oeetion end sits of latu of rretrict.d development potential and Y WA notation on plat regarding some 089 . OTHER' SUBMITTAL REWUTAEtENTS: • 1 . Twenty—six (28] copies of the preliminary plat 2. Two WA.L size copies of an Orange County Tax s'ap (one copy with t parcels involved clearly marked] . • 3. Where municipal or OWASA sewer is not available,. a. Letter from the Oren County Health Department certifying the proposed wastewater system f each Lot. • , the applicant, hereby certify that the -foregoing application is complete a emirate. I understand that a. $210.00 'fee ( subdivisions of 15 Lots or Les , r s $370.00 fee (subdivisions of 16 Lots or more] is due at the time :pp li cation . A $5.00 par lot fee is due at the time the final plat resented for recordation . • � �J ,PPLICANT 'S SIGHAURE - OW ER 'S SISt+IUT 'RE 3'/Z?7r G 01/5-76 )ATE DATE • • • • • • • • • • • • • • - FEES: Amoant ' L�n Date Paid " g-2q-$6 Receipt VP • • • • WOODBROOKE SUBDIVISION 090 11/85 ORANGE COUNTY e1=RTIFLCATI011 AND APPROYALS - PRELIMINARY PLAT Eddie Kirk STAFF ASSIGNMENT: 6-30-86 7-09-86 SKETCH PLAN: Received _ Reviewed PRELIMINARY PLAT: Received 8- 29-86 Reviewed 9-03-86 REVISED PRELIMINARY PLAT: Received 10- 10-86 Reviewed NCDOT: DATE 1- 26-87 CERTIFICATION Recommendation SCHOOL BOARD (Orange/Chapel Hill-Carrboro) : DATE 3-4-87 CERTIFICATION N/A UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE 3-5-87 Certification IlealtiLl.e.parsalemt OTHER: Recreation Advisory Council 9-20- 86, 10-3-86,3-4-87Date) Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro (Date) Hillsborough (Date) Durham (Date) Other —Erosion Control 9- 10-86 (Date) -Recreation 9-20-86 _(Date) PLANNING BOARD: Date Approval Approval with Conditions Denial ` BOARD OF COMMISSIONERS : Date Approval Approval with Conditions Denial 091 CONSTRUCTION RESOURCES 106B East Main Street Carrboro, North Carolina 27510 (919) 967-5159 WOODBROOKE SUBDIVISION ANALYSIS 1) Woodbrooke Subdivision is a cluster development designed to preserve the natural beauty of the surrounding land while allowing an average of approx- imately one acre for each of the twelve proposed lots for the single family dwellings to be built on. The remaining 12.75 acres would be designated open space of which approximately 8.55 acres is to be publicly dedicated. 2) The connected subdivision (Rollingwood) is in the process of being paved. Woodbrooke will maintain a consistency with the neighborhood and add aesthetics through the preservation and beauty of the natural woods sur- rounding the-proposed lots. 3) Slopes 7i - 15%: slopes range from 4% to 8% (a small area of 8% slope exists in the public use area). 4) Slopes 15% and greater: N/A. 5) Vegetation: 27.32 acres is heavily wooded with natural ground cover. 6) Trees: East and west side of property has small to large hardwoods and will be open space area; middle of property has small to medium pine and will be cluster area. 7) Significant trees: Large oak tree at the northwest corner of property and large beech tree on east side of property at creek. Both trees are located in the open space areas. 8) Drainage and waterways: Drainage area located on west side of property and creek located on east side of property. Both drainage and creek is located in open space area. 9) Floodplains: N/A. 10) Rock outcroppings: N/A. 11) Scenic vistas: N/A. 12) Soils with limitation: Lots 1, 5, 6, 7 and 8 will need low pressure wastewater system. 13) Applicant requests that the 8.55 acre open space be recognized as an area of woods preservation, to be preserved and protected by the Orange County Parks and Recreation Department. • \\%%:.. .ti, \Z.—1 1 I a 4 r ! m ry co .; 'n I c� $ M m N V 9 019 2 m� °' 3:. e.. afv n q al • �o � 4 ' uA IR I r r . _. L 1 TTLE CREE FARM I 91 RNAM W• •■ n -0 = rn 0 A = a i m a� cn • • • *. ° t e. .7,//:511 -74 al ne 12 0 , . . ;. //e - .• .1-1A M .` (71 • HA NA / '1 CHAP� ,H,-.)-1:• • o •• .,N 21. ® ® / '!"..i : .. ::F.3 .6 p 1D O il o , ••r •. •.�_ y N m / f a // \ 1 . N u / IF ~ A / /Q/ I I P •I I I I m w / !/en. . • / r O .I I / / `'n C I m M te' 0 iri 21 2 m S -$ / r z � :F / can • 1 r . .n 0 n Op. / %o`' CO• gip__�� o / A II v / ' mac'/ / o r � n•• a Q = c p" z ' /(3 ° J D / ,i A M~c1 r — \�\ /' / \ ` 0 ' y � // 4 ■ r M-* U) CO Ui CDC ti, O.� / ` , / � i>sctiN 0 i Li 1 tia\mi:■V . cm CD\ , / / \ U)N osa r ¢ 3 E • STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN January 26, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E.WELLS,P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Mr. Marvin. Collins Orange County Planning Department. 106 East Margaret Lane Hillsborough, NC 27278 Subject: Preliminary Plan - Woodbrooke Subdivision Off SR 1195, Meadow Lane Dear Mr. Collins: This is to advise that we are giving approval for the preliminary plan for the above development. Final approval will be pending approval of the construc- tion plan. If there are any questions, please advise. Yours very truly, r o Mills ISTRICT ENGINEER JMM/JBH:jbh - cc: Mr. Dale D. Faulkner An Equal Opportunity/Affirmative Action Employer 094 Orange Cl.auntg Ketreatian unb Parka Department N ' C 300 West Tryon Street _ 0 �:Ztll'__ Y HILLSBOROUGH, N.C. 27279 life.Be in it. 4T�q b Mary Anne Black, Director MEMORANDUM TO: Eddie Kirk, Planner FROM: Mary Anne Black - DATE: March 4, 1987 RE: Courtesy Review -- Woodbrooke Subdivision (AKA Forest Park Subdivision) Upon review of the preliminary plan for the proposed Woodbrooke Subdivision (AKA Forest Park Subdivision) I would offer the following staff comments: 1. Please review the attached two (2) memorandums for previous comments offered by both this department and the Recreation & Parks Advisory Council concerning this proposed subdivision. 2. Specifically please note the fourth paragraph of the September 20 memorandum outlining my recommendations. I would still recommend that the portion of the property designated as "Dedicated Open Space (for public use)" be accepted by the County for recreation and park purposes. This parcel has the potential to be expanded by the County westward to the nearby proposed park/greenway sites. The Planning Committee of the Recreation and Parks Advisory Council will meet to discuss this preliminary plan before the Council's April 7th meeting. I will forward any comments the Council members may have immediately to you. MAB/pbl Hillsborough, 732-9361 • Durham, 688-7333 • Chapel Hill, 968-4501 • Mebane, 227-2032 Area Code 919 N 0 0 5 02319: QIu ,r n anb Ilark �exulanent f`.� 300 West Tryon Street , y~`v trA.,. HILLSBOROUGH. N.C. 27278 Life.Be in it. Mary Anne Black, Director MEMORANDUM TO: Eddie Kirk, Pl ^ner FROM: Mary Anne .Blac] . 77Y-)!3 DATE: September 20, . 36 RE: Courtesy Revie: -- Forest Park Subdivision Upon review of the prc'.iminary plan for the proposed Forest Park Subdivision, the following comment: from a recreation and park perspective are rendered. I have "walked" the st. ject property and have viewed both parcels designated as "Dedicated Orange C:;unty Parks and Recreation". For iarposes of this memo, I will refer to the t.. ; main areas designated as "Dedic:-;:ed" as the "eastern" and "western" portions . I am most pleased with the developer's desire to "preserve (that portion of) the land" not designat :d for his subdivision developmen,.. Other than two small areas, neither t'.e eastern nor western portions designated for dedi- cation lies in the JPA's Resource Protection Area, nor i , there a potential park or greenway des,. ated on the site in the adopted Land Use Plan. There is, however, a potent .1 park site and greenway designz.. _d near-by (northwest of the subject proper; •). My recommendation is L at the western portion be accepted by the County for recreation and park pt:-poses in that this parcel has t . potential to be expanded by the County westward to the proposed park/gr�..nway sites. Access to this parcel should be from the end of the proposed cl..l-de--sac. The eastern portion is beautiful tract, bounded on it, east side by a small stream. Howeve.. in that this stream is not designated on the adopted Land Use Plan as poter.-J.al greenway, nor does it in my opinion have the potential for expansic ! that the western portion does, I would not recommend accepting this easter.• parcel for recreation and park p: - poses. This then would negate the need 'or the two 30' "connector paths" Indicated on the preliminary plan along he north and south boundaries -of the property. Thank you for the opp:.'-cunity to provide these staff co-.ments. I anticipate bringing this prelimi.. .ry plan before the Orange County Recreation and Parks Advisory Council's "Pl .nning Sub-Committee" before October 10, 1986 and will forward their comments. if any, immediately to you. MAB/pbl CC: Lorraine Parker, C[.air, Recreation & Parks Advisory Council Hillsborough, 732-934 i • Durham, 688-7333 • Chapel Hill, 968-4501 • Mebane, 227-2032 Graa t"rr1a 010 N (�rangt tuiwt �rataituun anal liarka Eep irnnenQ 9 6 iL- 300 West Tryon Street t'�� ^ '�� HILLSBOROUGH, N.C. 27278 Life.Be in it. Mary Anne Black, Director MEMORANDUM TO: Eddie Kirk, P1a .ner FROM: Mary Anne Black DATE: October 3, 198E RE: Forest Park SL:- ivision The Planning Committe., of the Orange County Recreatio:. and Parks Advisory Council met yesterday to discuss the Forest Park SuL'ivision. All four members (Hurow, Parker . Pelland, Ward) were in attendance. The Committee express. ' its delight that a developer ap dared so' concerned about the land and it , preservation. The Committee discussed the property at length and concluded that they needed to know rrc.:e about what the developer was going to do (as prompted by your September 29 letter to him) in terms of (a) recsating approval as a "cluster development", (b) changing lot sizes, a� (c) creating more or less lots. The Committee would ] a to see the developer's revised plan so that they may make a more infof rd decision and recommendation. I am sure that the Committee will call . special meeting to discuss and review the revised plan so that the de .loper is not delayed in any ';ay because of the recreation and parks c- irtesy review. Please forward the rt -tised plan to me as soon as it is received by your office so that I may schedule another Planning CommitteQ meeting before the October 20th Planning --oard meeting. MAB/pbl CC: Kani 8urow Alice Pelland Richard Ward Lorraine Parker • Hillsborough, 732-936. • Durham, 688-7333 • Chapel Hill, 968-450. - Mebane, 227-2032 g. Woodbrooke © n/ c-2. u (Preliminary Plat - Chapel Hill Township) ` 097 Presentation by Eddie Kirk . Kirk indicated this plat was previously presented as Forest Park. The proposed cluster subdivision is located partly in Chapel Hill Township and partly In Bingham Township. The property is located at the end of Meadow Lane (SR 1195) , and the applicant proposes to extend this State road to serve the subdivision. The property is zoned RB (Rural Buffer) . It is located in the University Lake Watershed and is also designated as Rural Buffer in the Land Use Plan. The property contains 26.62 acres. The proposed subdivision will contain 12 lots with an average size of 1 .5 acres. The overall density for the development is one dwelling per 2.2 acres. All applicable agencies have reviewed and approved the application . The Recreation and Parks Department recommends that the 8.55 acres on the west side of the tract be accepted by the County for recreation and park purposes. The Planning Staff recommends approval subject to the following condition: 1 . A septic line easement for lot #8 must be provided through lot 7 into the dedicated open space area as required by the Health Department. The Recreation and Parks Director has Indicated no difficulty with this arrangement. Jacobs asked if this subdivision is subject to courtesy review under the Joint Planning Agreement. Kirk responded that Carrboro had reviewed the plan when it was presented as Forest Park and indicated the desire for a public road. Jacobs also asked about the recommendation from the Recreation and Parks Director. Collins responded that the Recreation and Parks Advisory Board has recommended that payment- in- lieu be accepted in lieu of dedication of the 8.55 acres. Collins continued that this will be reviewed by the Recreation and Parks Advisory Board again since this area would be the beginning of a park which would have future access to the greenways system. 098 Jacobs asked that a condition be added for a Homeowners ' Association to maintain the common open space. MOTION: Best moved approval with the staff condition and the condition added by Jacobs. Seconded by Kramer. VOTE: 8 in favor. 2 oposed (Margison, Hubbard - opposed to develop- ment within the watershed ) . ORANGE COUNTY 099 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date Apr11 Lt 1987 Action Benda Item #I SUBJECT: FIVE FORKS SUBDIVISION - PRELIMINARY DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment( s) Information Contact: Eddie Kirk Checklist Preliminary Plat Certification Vicinity Map Agency Letters Preliminary Plan Draft 3-16-87 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 Five Forks Subdivision . BACKGROUND: The property is located in Bingham Township on Dodsons Crossroads South (SR 1102) . It is a 43. 1 acre tract with seven lots proposed . A common area jointly owned by all lot owners is proposed. The average lot size is 1 .54 acres. Private "Class B" roads ( Five Forks Road and Five Forks Place) are proposed to serve the development. The property is zoned R-1 and designated Rural Residential in the Land Use Plan . All applicable agencies have reviewed and approved the application. The Planning Board recommends approval . RECOMMENDATION: Approve subject to the following conditions : 1 . Addition of vicinity map to plat; and 2. Addition of typical flare intersection detail with state road . r..r++r4.. ■ e r 6 un rh.r.. k JIM UR1.1) 11/86 100 A 0 O V R A 9RANGE COUNTY, DATE: 1-25-87 • SUBDIVISION NAME:- : Five Forks LOCATION: State Road 1102, 2 miles north of NC 54 OWNER/DEVELOPER;. , Cross Road Creek Associates ADDRESS: _ 203 Providence Rd. TELEPHONE Na. : 493-3857 Chapel 1-f3.11, NC Z/514 " - AGENT/CONTACT: Scott Hines TELEPHONE NO . : Same Same • A. SUMMARY INFORMATION: Orange County Tax Map 21 Block 13„,r, Latta] _,� Township Bingham Zoning Diatrict(s] : • Total Humber of Acres: 43 . ] Phaaee: 1 Total. Number of Lots: ,_2_. Average Lot i za: ].5�=`Min1mum Lot Si zal33 es ypa or Structures: (existing] (proposed], 7 Lineal Feet in Streets: , le'n , Acre, In Open Space 7 2 Water SuppLy:. • PubL1e(apeclfy] _j Community _Individual Wastewater Disposal:, Pub li c(epeci fy] Communi t School District: @range L-ounty Firm District: r n .r kvi due L. General Land !lees in Area: 1e.7ral De. jrl°ntial/WnnellAnr3q Critical- Area: stream/drainageeeye flood prone areas watershed(specify) historic sitaa. nther(eXp Lai n] Nnnr. 8. ALL p lata must be submitted on sheet no smaller than one inch equals two.- hundred feet (1 "=20011 end. no larger than one inch equals fifty feet (i "=SO ' ) and must contain the foLlowing information : ?f aundivielo4 nese M building eetbee* liens P. •'• ,cart sf a�er(sl - :eck I terns ..,i_ :• • .4 ease• of surveyor. ragineer or by notation or typical ids lsyrrt �mpleted) „: lewd pl./seer aatssle sup �G,. (title) Prulldieery Plea _ti,}: d pt. Uti L rime. ,.G,. .. ' sasie. Hers, array Merin Os ^^ rants Idretnsgr. wti 11s7ss. :< top sr sspl �'' raids. e, proposed) ''-'< dace (laelsdiwg rsvlelew Gates] "'”` sataining ri -o map asp+o/heir—.40t gk'f. adjoining ►lpn1 • Uly • tareesip, tea `'} tooled/a Y", referenaas , •• 9 direwaieas Gad ✓ r^, . street naaaa and state road Missilery described site .`:`••• nemeses , Y{:1 bearings sod dismisses existing e sad proposed � y....4y 1;etaL serums, of the tred! ry!'}: Ytllltire. }:^� sad muruags of lots. laolwdla ;' taalueiaq end mad/edlsg suss rtshia g ; tree. sitar. 4;4_ ri gMta�f.. 7 '•��• rewhr les. selves rap aeetre& corner ,f '; proposed lac UMW with ++ saluting sad proposed suLrsrt N-' dlasrsidrr :'•: • iwoludlag aims end grease let aursers +;. typical. ,cress aroaswsdsloas f phq.lag pads '• •• end intersection details A ;.{ including design rag width tapsgreaay es tea less (101 I Of trsrslrry end shoulders ;y}:. later bsdtss. Series,. flood—• be erel cu alignment(On and 0 usy and flcedplaine :t�;r:2c roods' curve dote tpuaLle ' stream' buffers cep nesatlga �+��`,��:, roapsl >'•:�''• ir. a psrmrnawt features mesh is - f: 1lwdlastisg rsstrrieted �;::;:; buildings, devotees's* petsnsiel -:.:•r+ historic oarsceriss. . LcaeaMlp. aarparsse end metre— �:�' adjoinn lmadmuraa. •`. territorial plaanieg ne�reeofgad adjoining Lrtyet �uriadiilia, lines Won g property la arose the property owners sad mwbd1r1a1oaa loostleo sad size of persists dedicated for puelte use or reserved in =aeon all- mg woeslse sod Oita of Lass of restricted doveteamest potential and e4 notation an plat regarding mesa �= stemmata,* eaa■greens plus Isdiosslag provision for control of the r4__. •1 4 14.4f r -10.1 C. OTHER SUBMITTAL REQUIREMENTS: 1 . Twenty—six (28] copies of the preliminary plat 2. Two full size copies of an Orange County Tax map (one copy with ta: parcels involved clearly marked] . 3. Where municipal or OWASA sewer is not available, a Latter from the OrengE County Health Department certifying the proposed wastewater system for each Lot. Y , the applicant, hereby certify that the foregoing application is complete arc accurate. I understand that a. $210.00 fee (subdivisions of 15 Lots or Less) or a 2370.00 fee (subdivisions of 16 Lots or more] Is due at the time of app Lication. A $5.00 per lot fee is due at the time the finaL plat 1 c presented for recordation . APPLICANT'S SIGNATURE OWNER 'S S GNATURE 00/(7 / ,3ca 87 DATE DATE FEES: Amount 2/4. AI Date Paid /- 34- ? 7 Receipt /,24'02 - I • 1 102 FIVE FORKS SUBDIVISION 11/85 ORANGE COUNTY CERTIFICATION AND APPROVALS - PRELLMINARY PLAT STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN: Received 11-18-86 Reviewed 11-26-86 PRELIMINARY PLAT: Received 1-30-87 Reviewed 2-4-87 REVISED PRELIMINARY PLAT: Received 2-12-87 Reviewed 2-18-87 NCDOT: DATE 2-17-87 CERTIFICATION Mike Mills SCHOOL BOARD (Orange/Chapel Hill -Carrboro) : DATE 2-3-87 CERTIFICATION N/A UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE 3-4-87 Certification Health Department OTHER: Recreation Advisory Council (Date) Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro (Date) Hillsborough (Date) Durham _ (Date) Other (Date) Erosion Control 2-9-877 (Date) PLANNING BOARD: Date Approval Approval with Conditions Denial BOARD OF COMMISSIONERS: Date Approval Approval with Conditions Denial N ! r • // 103 ii . . ... ti . ii Fi v e For /Cs Apr Guilt : Sc.tf Hines 1 II I /I' , 1 . SEE MESTER ' . // z 1 - Zon;m5 : R- 1 1, II ii. LUP Des i gn a tioh : .Rkral Resident-AI ii ..# - - -■ 361 54.G A le : 11 1/04 / ir N . r 110.54C. • . m • . 8 . • • a ' P39.(8 ,• . .-, .. . . _ 11 . .. ' . • . .. . . . . • , ' 1 t . .• _ . ' . .,.. .. . . . . . . . . • , . ..•••, .„. ,- ._ .__ . • \\ . . \ . . I I • • 7/ \ • II . . ' . ■2 . I 1 . . .- I I 39.99AC. --,_) ' • . . . . . . • /' 22 .1 I 0 , • : • , . Tr - - . CD • 1 . . . co 2. soo coo . 4015 --77 80—-- . 1 • —lir 1 4,2 1 I .1 25.778 AC. t 1 a) . I I N. . I III 9571 cr) 1 1 1 104 ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH NORTH CAROLINA 27278 ...0 •1 r� t71 1P"J '11! 7-Fr 'so a..•`` MEMORANDUM TO: Eddie Kirk, Planner FROM: Warren Faircloth, Erosion Control Officer SUBJECT: Stormwater Management Plan for Five Forks Subdivision DATE: February 9, 1987 This subdivision meets the Ordinance requirements by using large lots, developing only a portion of the property, retain- ing a buffer of vegetation around each lot to filter and absorb runoff, and using a gravel road and grassed swales along it. This subdivision meets the Ordinance requirements. ego r-w 105 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G.MARTIN February 17, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E.HARRINGTON GEORGE E.WELLS,P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Mr. Eddie Kirk Orange County Planning Department. 106 East Margaret Lane Hillsborough, NC 27278 Subject: Preliminary Plan For Sunnyfield Subdivision and Five Forks Subdivision Off SR 1102 (Dodson Crossroads) Dear Mr. Kirk: In response to your letter of February 3, 1987, I have reviewed the preliminary plans for the "Sunnyfield" and "Five Forks" Subdivisions. Since the proposed roads are private Class "B" roads and there are no plans to add these roads to the State road maintenance system, they will be considered driveways, therefore, requiring a driveway permit. Please submit the required permits for each subdivision accompanied by a fifty ($50.00) dollar check to cover inspection fee to this office for approval. If you have any questions, do not hesitate to contact this office. Yours very truly, J M. Mills ISIRICT ENGINEER JMM/SPI:jbh An Equal Opportunity/Affirmative Action Employer 1Q6 f . Five Forks fl p T 73 (Preliminary Plat - Bingham Township) J U Presentation by Eddie Kirk. The property is located in Bingham Township on Dodsons Crossroads South (SR 1102) . It is a 43. 1 acre tract with seven lots proposed. A common area Jointly owned by all lot owners is proposed. The average lot size is 1 .54 acres. Private "Class B" roads (Five Forks Road and Five Forks Place) are proposed to serve the development. The property is zoned R-1 and designated Rural Residential 'in the Land Use Plan . All applicable agencies have reviewed and approved the application . • The Planning Staff recommends approval subject to the following conditions: 1 . Addition of vicinity map to plat; and 2. Addition of typical flare intersection detail with state road. Best asked that traffic counts be included in order that ongoing totals could be achieved. Pilkey asked how many acres are in the tract owned by the Swanks. Kirk responded twenty-five (25 ) acres. Szymik indicated that a preliminary plan is in process for the Swank property. MOTION: Best moved approval with staff conditions. Seconded by Pilkey. VOTE: Unanimous. • O R A N G E C O U N T Y 107 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date April 6, 1987 Action,.A ends Item #&I SUBJECT: SECTION ONE MEADOWS OF ENO - PRELIMINARY DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment( s) Information Contact: Eddie Kirk Checklist Preliminary Plat Certification Vicinity Map Agency Letters Preliminary Plan Draft 3-16-87 Planning Board Minutes Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel H i l l - 968-4501 PURPOSE : To approve the Preliminary Plan for Section One Meadows of Eno. BACKGROUND: The property is located in Eno Township on Willett Road ( SR 1568) . It is a 22.6 acre tract with nine lots proposed . The average lot size is 2.40 acres. The developer proposes a public road ( Rapids Lane) built to State standards. The property is zoned R-1 and designated Rural Residential in the Land Use Plan . All applicable agencies have reviewed and approved the application. The Planning Board recommends approval . RECOMMENDATION: Approve subject to the following condition : ( 1 ) The developer meet with the Director of the Orange County Recreation and Parks Department to discuss voluntary contribution of property fronting on the Eno River for public recreation purposes. it/az • � +� Og LjCATTOU FQR SUBDIVISION APPROVA„. 1 ORANGE COUNTY DATE: 1130187 SUBDIVISION NAME: McAaote45 OP* )40 LOCATION: 9FF W ILi-k.1 RDAs (SR.t.s c. ) S1.10 -NV- . OWNER/DEVELOPER; ,-"Tr M. 1-1141(0512- ADDRESS: TELEPHONE NO. : AGENT/CONTACT: m Ln A g:mi.y. mac, TELEPHONE NO . : 732 <.ZZ, • A. SUMMARY INFORMATION: Orange County Tax Nap 24 Block Lots) 1,708 Township S Zoning District(s) : Total Nu■b•r of Acres: 22,1, Total Number of Lots: A.,_... Average Lot Sizes x.4 Minimum Lott Size 1.l4Ac. Number/Type of Structures: (sxinting] NoriL _(propoaed).$), l.o. FAMHI.V Lineal Feat in Streets: Its'Oik , Acres 1n Open Space �" Mater Supply: Publla(speclfy) Cossunity , )t ,Individual Wastswat•r Disposal:, fubLic(apecify3 „__.,..Communit X School District: y �Indi vi dun l General Land Uses in Area: SZSanD 4TI4L F1 ra District: Critical Arena: • $ stress/drainagewaya )1 flood ■stertrhrd(apaclf ) prone areas y hi al other(explain) B. A l L plats must be submitted on sheet no asp L Ler than . one inch equals two-b hundred feet (11%200' 1 and no larger than one inch equals fifty feet C11'11609 and must contain the fo pLowing information : .� • subdivision noon �- sea •f •unarlal _ell!!t by a•tsrat linos -.$ aeon of servant.. rwptwrar Sr .::Z:.- br Tout Sr typical lac :heck items -ample+teli) 7 I: land planer } y < layers r MIIsitt.1 rrattw/w•ry Plea rat aiag awl propelled seam poste. worth arrow [Marsh •a b mods (drainage.e atilt'''. top of •opJ rneda. rta.J . '? Ore• Ilwalydtol resales easaaJ1 :_14 •dlat/ns. prpprral awd - :%' tannebip. t•s Dell—llaek•t.t ?:c-# riSalw1co rtghtsurioay ref•racas �• lwrludlwg a/aewatacs and f:..., bnowlery deNrlbas rich ✓22222 ROOMS 1101 MSS rood hearings and listeneaa '{ ""sin �`"_ ..� 1 .dialog and p teat •areal• of the treat .-•. end •arsage of less. iwolrllag r�k• <: utilities. tnclWlag a ultin ti n try.. ■1z*a. >t J hrdr•wus. relrer awd :2'.•o`� hr � s Dacha la• .� 1 •' Oroporod tot tines rich 44riv sainting rod proposed arlrart .Y: dinewslrw• ��:;�`>` twot•dlal slope sad grease let ambers '�"!. typical rtraet aroae.raot/ana ti•::• .phasing lines ¢tiff:q awd i tan dstallr t•palrrpwy •a taw fart (101 , lantana, darlga sad width {< :I of troselaat see shoulder. Jas%., i to f horizontal all +� motor bodies. •.rear•, itaad- alignment and :•.:I war sod flsaepta/w• .c• roaan( eve" Isis (politic �'�'•� �•" model p area buffers end notation ''' pp iodinating ristad rf•. ba feaerrs• ss, oa L dawn/slywewt potential J 5_ brildlwga. •neotoH•s. tpwwahtp, corporate end •atre■ , �ii6 ad•oinin lrn•rerka. territorial planning adjoining tat • nano at adjoining Loyal Jrrt•d/att•w Lisa waleh g property crown the preporsy Owners end let le•atlan ea rise of areas dsdisat•d for „ 0 I. amnion prblie ran or d laa•tt•w and size of less of rastrlosoe drrol•pnast pstaceint 11nd / natation on plat regarding erne +L y aaarnratar pas fleet 1/2 tnsksMNwn/ferrara ll acies provision for aretr•l •f the +psrvlooe softness (GRAY AREAS FOR OFFICE USE ONLY) I C. OTHER SUBMITTAL REO.UIREMENTS: 109 1 . Twenty--six (26] copies of the preliminary plat 2. Two full size copies of an Orange County Tax map (one copy with tax parcels involved clearly marked) . 3. Where municipal or OWASA sewer 1s not available, a Latter from the Orange County Health Department certifying the proposed wastewater system for each Lot. I , the applicant, hereby certify that the foregoing application 1s complete and accurate. I understand that a *210.00 fee Isubdivislons of 15 lots or leas) or a $370.00 fee [subdivisions of 18 Lots or more) is due at the time of application . A $5.00 per Lot fee is due at the time the final plat 1r presented for recordation . r," 5Y APPLICANT'S SIGNATURE NER 'S SI =MATURE DATE DATE • 06 FEES: Amount ,, /(/, Date Paid f 36- 0 Receipt f2L7.O? 110 SECTION ONE MEADOWS OF ENO 11/85 'DRAWS COUNTY CERTIFICATION AND APPROVALS - PRELIMINARY PLAT STAFF ASSIGNMENT: Eddie Kirk - SKETCH PLAN: Received 12-29-86 Reviewed 1-7-87 PRELIMINARY PLAT: Received 1-30-87 Reviewed 2-4-87 REVISED PRELIMINARY PLAT: Received 2`24-87 Reviewed 2-25-87 NCDOT: DATE 2-16-87 CERTIFICATION Mike Mills SCHOOL BOARD (Orange/Chapel HiII-Carrboro) : DATE 2-3-87 CERTIFICATION N/A UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE 3-4-87 Certification Health Department OTHER: Recreation Advisory Council (Date) Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro (Date) Hillsborough (Date) Durham (Date) Other (Date) Erosion Control -9-RT (Date) PLANNING BOARD: Date Approval Approval with Conditions Denial BOARD OF COMMISSIONERS: Date Approval Approval with Conditions Denial ,.4. i . .. _ " . , . Section Qhe Meadows. of Eno . r. , L j Appl;cani. : Thn 1'1. Li'X Sr 1 9 • I- 1 il 15' • Zah1n 9 • • • LU P Devi nali n - Rural Restdehfi.Ql ii ligill.g." . . 1 y: 104 I 0 _. _ 1 Y ' 46.6 AC. // - : 0 ./ // .4413. . 0131 i/ 9 AC. // • e / - I1.888AC. ~ "/ . - usna Vir r"."---\ e 267 .9 y . . 2. 504 AC. / / ��/ • S , 11.546AC.. �_ DuKC 9529 //^ �/� �\ 74/ 37.6: . ,4. 5. 0 • // (STa CATHY WAL LACE 31- 96 . 25 • • . , , .. • g . • • , w - . _ PLAT REFERENCES . T HILL 27'34 " RIVERBEND(FRANCES HILL1 135-8z ORANGE COUNTY PLANNING DEPARTMENT 112 HILLSBOROUGH NORTH CAROLINA 27278 Tr" 'et co ot MEMORANDUM TO: Eddie Kirk. Planner FROM: Warren Faircloth. Erosion Control Officer SUBJECT: Stormwater Management Plan for the Meadows of Eno DATE: February 9 . 1987 The plan for this subdivision proposes to meet the Ordinance requirements by using large lots, limited additional impervi- ous surfaces on each lot, a buffer of vegetation around each lot to filter and absorb runoff, and grassed swales along the new road. The proposed plan meets the Ordinance requirements. IthAUA4 • is Try 113 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION • Graham, NC 27253-0766 JAMES G.MARTIN March 6, 1987 GOVERNOR DIVISION OF HIGHWAYS • • JAMES E.HARRINGTON • SECRETARY GEORGE E.WELLS, P.E. STATE HIGHWAY ADMINISTRATOR • . Orange County Mr. Eddie Kirk Orange County Planning Department 106 East Margaret Lane Hillsborough, NC 27278 • Subject: Meadows of Eno Subdivision Off SR. 1568 (Willett. Road) Dear Mr. Kirk: This is to advise you that the preliminary plan of the above. subject. development has been approved. Please submit construction plan for drainage and. final approval If this office can be of further assistance, please do not hesitate to contact us. Yours very truly, . M. Mills. ISTRICT ENGINEER. JMM/SPI:jbh . • An Equal Opportunity/Affirmative Action Employer 114 d. Meadows of Eno D (Preliminary Plat - Eno Township) Presentation by Eddie Kirk. The property is located in Eno Township on Willett Road (SR 1568) . It is a 22.6 acre tract with nine lots proposed. The average lot size is 2.40 acres. The developer proposes a public road (Rapids Lane) built to State standards. The property is zoned R-1 and designated Rural Residential in the Land Use Plan. There is also a proposed pedestrian easement along the Eno River. All applicable agencies have reviewed and approved the application. The Planning Staff recommends approval . Kramer expressed appreciation for the larger lot sizes. MOTION: Best moved approval . Seconded by Eddleman. MOTION AMENDMENT: Hubbard offered the following to be added as a condition of approval : That the applicant meet with the Orange County Recreation Director and representatives of the Orange County Recreation and Parks Advisory Board to discuss voluntary donation or the granting of an easement of lands in the 100-year floodplain . This condition of approval was accepted. VOTE: 9 in favor. 1 abstained (Yuhasz - due to professional con- flict of interest) . O R A N G E C O U N T Y 1i5 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date ApriL 6 , 1987 Actionnda Item W IQ SUBJECT: SUNNYFIELD - PRELIMINARY DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment( s) Information Contact: Eddie Kirk Checklist Preliminary Plat Certification Vicinity Map Agency Letters Preliminary Plan Draft 3-16-87 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 Sunnyfield . BACKGROUND: The property is located in Bingham Township on Dodson ' s Crossroads ( SR 1102 ) . The total tract size is 8 .0 acres with eight lots proposed . Lot access is provided by a "Class B" private road (Sunnyfield Court) . The property is designated Rural Residential in the Land Use Plan and zoned R-1 . All applicable agencies have reviewed and approved the application. The Planning Board recommends approval . RECOMMENDATION: Approve subject to the following conditions : ( 1 ) Property lines being drawn to the centerline of the road on the final plat; and (2) All lots access restricted to Sunnyfield Court. • ∎∎.•�.. . .. � vn . ,t..,iI Llirh It I/ _ � �tvn�L Lam 11/8$ Q V PR A 1 ORANGE COUNTY DATE: .1,0.\ „ Arzy 7- 1 I cli',7 SUBDIVISION NAME:. • So v,ny 4 ielci LOCATION: C)FF 76DS0NJ5 CI L,55 20 11, rSR ILO 1) ne4r q,:,Ti-IZ 'SE Cr/OKJ OF Dai fly 10Plc( OWNER/DEVELOPER:. _IEFFi - E`( P. ? eLoouiN ADDRESS: (.- r I-) '''r, ,t - TELEPHONE NO. : 97 9- 7(31, 5 AGENT/CONTACT: 'i b TELEPHONE NO . : _ • A. SUMMARY INFORMATION: Orange County Tex Map- O.CD Block IC. Latta) Township 131►VGi-lAM Zoning District(s) : Total Number of Acres; R Phases: Total- Number of Lots: ', Average Lot Size:410�2/ Minimum- Lot Size t. urn. Number/Type of Siructuraa•: (existing) _ 0 ,(proposed], Lineal Feat in Streets: 51 `ri) _ Acres in Open Space 0 Water Supply:,\LOLLS Pub ll e(apeel fy] Community ndi vi due l Wastewater Di spoae L:C-NV. Se.ra'nc.pub Li c(apaci fy I Community ndi vi due I. SohaoL District:- (9)2.41A3C,C <notirf Fire District: Me4.urr (ter• r.._r1- Genera I. Land Uses in Area: ,AC,n, ( k )I TL-,12 AI 4 TZ£5 i'b E,s-ura L Critical Arees:N?J - stream/drainegeeays No flood prone areas nlr)N F- ,vatershed(epecify) N. historic sites atber(expLain] N /A B. ALL plats must be submitted on sheet nc smaller than one inch aqua Ls two-. hundred feet (1 '1=200 ' 1 and- no Larger than one inch equals fifty feet (1 "=5O ' ) and�must contain the fa LLowing information : .rG sgHWS/ar no.. b"1lding &stanch lino ..1.‘ memo of oenarlsl .••µ by natation or typioal Lot ack 1 tams — saws- of aur�uyer, owglnerr as- Layout Land planner W sainting r leted :, g and Propneed a■ea- P � (tit's) Preliminary Plan :�.: � y,;•: ;; . . •.� eon's (drainage. utilities. �� souls, north arrow (horns es ,� _ $yy: r top of wool ''' roaau. atd.J (•. / g. ;ropaeod and �L data (Including rwrls/an dssaa)� adissln �.r� '•`'' sewdunlp, was c ; .: too gIng rtghsa�t�way aoprwLoah+lot �•¢ incLeding 81.8881008 sad y refereaose ": linnet names and stash road �. ; bowadary dewgribed with swaasrs bearings sad dlesese. ' existing and proposed total, sarongs of taw trees •.y4+7> - ;��;•• end eereag• of less. including s typo. al Including g •• type. ■1 tee. g end uaoLedlwg are. within ::` ,,t¢:, righterof-way ;<;'o:: emrsles. relva8 sad }=' • sentry earner axauosew ,.r.r proposed Lot )lane with 1 , != existing sad proposed culvert dimension* including size* and orlon. w,� -'"-1 lot nwtmwrs �' '`� typlaaL stress Dense-s8eti0ae / ,.,��; passing Limes xi.x.4 and latsrencslaw ;Inutile ii iiii y' Ina lading dealgn and width ill snpegrephy St ten foot VIOL ••`• of travel.*y eau ahem Learn iassrveLa Mari;motel align...; and ..Y peer podise. strum,. flood :;_:_,.{ geaorrl nerve data (psolls env end f loony Laing �`^'.°:`• once) -.. stream buffers and natation perusnent reetares soon as ,I ! sae Ieg restricted $:ice buildings, oumetsross, .L, •$ saewpl ta Pstsaslel h1esorl• )encases. . p. w ',perm end eoere- tarritor/el pleasing :'— adjoining tot Layout '' jurledishoe lines shine owner of adjoining property .� ' trees the property owners sad ambglr/oldh■ lineation sad also of pergola dedicated for ;malls gee Or reserved 1n y Daemon Laaation and size of lots of restricted development potential and .'_•,� natation an plat regarding 116184:; i stareastur aenegareat Plan indicating Provision for i of rho C. OTHER SUBMITTAL REQUIREMENTS: 11 • 1 . Twenty—six (213) copies of the preliminary plat 2. Two full size copies of an Orange County Tax map (ane copy with tax parcels involved clearly marked) . 3. Where municipal or OWASA sewer is not available , a latter from the Orange County Health Deportment certifying the proposed wastawater system far each lot. r, the applicant, hereby certify that the foregoing application is complete and accurate. I understand that a $210.00 fee (subdivisions of 15 Late or lees ) or a $370.00 fee (subdivisions of 1S Lots or more) is due at the time of app Li cation. A $8.00 per lot fee is due at the time the fi ns L plat is presented for recordation. 444- ` S S A CAT'S SIGMA E O�T AUR , E • FEES: Amount , j./441 F Date Paid /—q-t 7 Receipt 5`41 7,e • , 118 SUNNYFIELD 11/85 ORANGE QQUNTY CERTIFICATION AND APPROVALS - PRELIMINARY PLAT STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN: Received 8-29-86 Reviewed 9-3-86 PRELIMINARY PLAT: Received 1-30-87 Reviewed 2-4-87 REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE, 2-17-87 CERTIFICATION Mike Mills .. _ , _ _ SCHOOL BOARD (Orange/Chapel HiII-Carrboro) : DATE 2-3-87 _. CERTIFICATION, N/A UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE 2-10-87 Certification Health Department OTHER: Recreation Advisory Council (Date) Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro (Date) Hillsborough ( Date) Durham (Date) Other (Date) Erosion Control 2-9-87 _(Date) PLANNING BOARD: Date Approval Approval with Conditions Denial BOARD OF COMMISSIONERS: Date Approval Approval with Conditions Denial _÷,_ . L... Jyf d unnie I 119 o a in PeIoo6u : h Applicahf : re f f rey Zoning • R-1 . • 13 L u P Desi 9 h a fi eh : /?ural Rcsadeh/sal- Scalc : lae _#40/ • f . N - 4jT . 858 Ic OI AC. �o /// IX. 2.01 ' ■ e // 221`) • • 0 Is i AC. // 52.74 AC. Ce . : I 31. - �/�• - 2B 7902 ,././ e,,A . ,, . di --� ~ // 62338 ° 732 . �........ r- ,=� -. / 3.17. AC. eW 6 H . / / // a .0353 •' 48 �: I I ~ 2.55AC.I // `►4 20 27AC,.- 1 2.6i AC. I // 01681 ©i 164 E 1 I • 2.551 AC_ 4 ..� A.°0 , , �s / _1-ss .`p t0 3 I I �\ , 1 f SEE • // ~ r' / „ r r �. CilD MAP 20A -� /,..% � -'--- "e4.B • 1 r •1941° 5923. 0 (EQUESTRIAN /I - 51 4870 6 • , 2.04 AC. FARMS) II J a it 0 rr II \ 2.7AC. II 0 0 IB 9•= / 1,/ 5.25 AC.04 \40 5.54 Act. 556AC. /. l/ -.J 934 ` .. 5.65 AC, �� '�_ i 13 0397 ■ l ' t9� // .294183 %"� —_.r�� 4.89 AC. tee' // 7.17 AC. 2.19'AG' - -- - . 125 Ina ,//^ ie 2.02 lope 3 AC. 22 70- . J26 _ 21 120 ORANGE COUNTY PLANNING DEPARTMENT ffiLLSBOROUGH NORM CAROLINA 27278 ,4001 el fite3 MEMORANDUM TO: Eddie Kirk, Planner FROM: Warren Faircloth, Erosion Control Officer SUBJECT: Sunny Field Subdivision Stormwater Manage Plan DATE: February 9, 1987 The plan proposes to meet the Ordinance requirements using a detention pond. Also, the large lot size, the grassed swales along the new road, the limited additional impervious surface added to each lot, and the buffer of undisturbed vegetation around each lot will contribute to filtering and absorbing runoff. The proposed plan meets the Ordinance requirements. LOIMAI EU/di/4 l Srafat 121 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN February 17, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E.'HARRINGTON GEORGE E.WELLS,P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Mr. Eddie Kirk Orange County Planning Department 106 East Margaret Lane Hillsborough, NC 27278 Subject: Preliminary Plan For Sunnyfield Subdivision and Five Forks Subdivision Off. SR 1102 (Dodsons Crossroads) Dear Mr. Kirk: In response to your letter of February 3, 1987, I have reviewed the preliminary plans for the "Sunnyfield" and "Five Forks" Subdivisions. Since the proposed roads are private Class "B" roads and there are no plans to add these roads to the State road maintenance system, they will be considered driveways, therefore, requiring a driveway permit. Please submit the required permits for each subdivision accompanied by a fifty ($50.00) dollar check to cover inspection fee to this office for approval. If you have any questions, do not hesitate to contact this office. Yours very truly, J M. Mills ISTRICT ENGINEER JMM/SPI:jbh • An Equal Opportunity/Affirmative Action Employer 122 U f l c. Sunnyfield (Preliminary Plat - Bingham Township) Presentation by Eddie Kirk. The property is located in Bingham Township on Dodson 's Crossroads (SR 1102) . The total tract size is 8.0 acres with eight lots proposed. Lot access is provided by a "Class B" private road (Sunnyfield Court) . The property is designated Rural Residential In the Land Use Plan and zoned R-1 . All applicable agencies have reviewed and approved the application. The Planning Staff recommends approval subject to property lines being drawn to the centerline of the road on the final plat. Best asked that a condition be added to read: All driveways access to Sunnyfield Court. Pilkey asked about access for surrounding lands. Kirk responded indicating a cul -de-sac in previously subdivided property provides access. MOTION: Best moved approval with the two conditions. Seconded by Yuhasz . VOTE: Unanimous. O R A N G E C O U N T Y 123 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date April 4, 1987 Action enda Item / _. SUBJECT: JACK GATES SUBDIVISION - PRELIMINARY DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment( s) Information Contact: Eddie Kirk Checklist Preliminary Plat Certification Vicinity Map Agency Letters Preliminary Plan Draft 3-16-87 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 the Jack Gates Subdivision . BACKGROUND: The property is located in Chapel Hill Townshipp on Jack Gates Lane, a private Class B road, off NC A�isyThe total acreage involved is 25 . 16 acres with 3 lots proposed. The average lot size is 2.46 acres. The property is zoned Rural Buffer ( RB) and i.s designated Rural Buffer in the Land Use Plan. All applicable agencies have reviewed and approved the application. The Planning Board recommends approval . RECOMMENDATION: Approve with the following condition : - payment- in- Ileu of dedication of land for Recreation Area in the amount of $447 . This is based on 4/35th x the assessed value per acre ( $3,920 ) . 11/85 124 LEuzatimi. ORANGE COUNTY . DATE: , IIte18G SUBDIVISION NAME: J74 Cfc 6.4'rES r el)/0J/Sib,v LOCATION: CNott,4FL A//LL TeA-vo / 4440.1GE` CZ. , 1V C . OWNER/DEVELOPER: ,TACK; 6_,4r" S ADDRESS: , _,27" /1 B?x 7./3 TELEPHONE NO. : Ain ,O[1e#- n N4.# H/C_C_ /c)c. AGENT/CONTACT: /104( L" L 4, D 5u0uer;�• TELEPHONE NO . : 9342-- yF-0/ C4QB a1APoftr. le-0., cii- - >. g,CL,. #-)c-. A . SUMMARY INFORMATION: Orange County Tex Map 117„. Slc k - Lot(a) 1(e Township Zoning District(s) : _ Q..,,.,/ Total Number of Acres: 7..-G. 1 Phases : rota L. Number of Lots: 'e_ Average Lot Size : ? Ac-44 Minimum Lot Size La!? Number/Type of Structures:(existing) $ i..a•eG e'gi.,d/..4 _(proposed) .P_e.5ro:>,.:a -c- Lineal Feet in Streets : /Baca - Acres in Open Space Water Supply:, EgaaloiAc _PubLia(epeclfy) Community .._,_Individual Wastewater Di spoon l: ..r Pub Li c(speed fy) Communit Individual Schoc L District: - aver /c Fi re District: + 0 General. Land Uses in Area : .w,l Critical, Arena : etr a /drelnageweys flood grans areas watershed(specify) historic eitea other( plain) NA S . A L 1 p Lets must be., submitted on sheet no ems L Ler than one inch aqua Ls two- hundred feet (1 ":"2001 ) and- no larger than one inch aqua Ls fifty feat (1 "IPSO ' 1 and must contain the following information : I - . % subdivision name _e, building aotbeek liner E sees of ammer(el .,_4,.� by notation or typical lot heck items name of surveyor, snglnaar or ;y;•:•'-: Layout ';-fir' lead planner z` ; existing and om leted ✓ aL g ge. uti L ties, (title) Pratlminary Plan -ti;;<; rants (des/nape. Yti lilies, :• :' scale, north arrow IMorth at §: ' Pesos. eta.) :: •: top of sop) 1 existing. proposed and : • :'k data (including revielsa datss)� adjoining r . ::{ �:><;• q /ghte�oi—war :..t• township, tax sep+bLook■los •'x: including directions and ✓ �;., refs rercas 1 street naves and vista rose boundary tlrsaribe4 with pis+ numbers f5� bearings end distsnoes .Ile x saluting and proposed ,,.4 total acreage sf the treat •c••+'r` a:c•.:ti '•.ter:•:% utilities. including ti• end acreage of lets. including :;: sad secluding area within tree. sizes. ra'�• nydrents, valves and _,° rlghtawfrway + lea control career esiosing .sod proposed-culvert,ar rL proposed Lot liaise with WA including sizes and grudge ;r': dieesaiena '> g ry:' :,. ,rG ..M1.. typical ■treat crc■s+saasiona let Anger■ :c•:c; end intersection detail.' ;, •''' phasing linos s•:%,?ti} Including dsstgn and rdeth topography at tan foot (10) �''?`> of irarelrey sad shoulders ... ! intervals .� horizontal *ligament end lit its bodies. streams. flood.. : general curve date l uolic way and flOodpleina '+'. '� P .1 strew buffers and notation L j _ r` permanent features such as indicating restricted h• : buildings, oeasterles h" ila dsvi L pauat p is l .Y• historic lenararts. tannihip, corporate and antra— ..lL y, adjoining Lot Layout ::<s territorial planning nps■ of adjoining jurisdiction lige, ■Oloh g ions r '"'� cress the property owners sod auoolrla/aae J 4. = Loostien sod site of Psrcats dedicated for public use or reserved is t losattcn and sins of lore Of restricted development Petensl■L and ▪ mg notation on plat regarding oars assrorster nonagorent plan Indicating provision for Control of the fleet 1/2 lneb of muff from lapervlows aurfassr C . OTHER SUBMITTAL REQUIREMENTS : 125 1 . Twenty- six (28) copies of the preliminary plat 2. Two full size copiea of an Orange County Tax map (one - copy with ta: parcels involved clearly marked) . 3 . Where municipal or OWASA sewer is not avai lab Le , a letter from the Orangr County Health Department certifying the proposed wastewater system for each Lot . • I , the applicant , hereby certify that the foregoing app Li cation is complete an accurate . I understand that a $210.00 fee (.subdivisions of 15 lots or: lass : or a 1370 .00 fee (subdivisions of 18 -.Cots or more) is due at the time o application . A $5 .00 per Lot-- fee is due- at the time the fine l plet i . presented for recordation . oh,‘,,,,d / A),47 --7 • ile-i't13 ,‘'T"Po . AP - LICANT 'S SIGNATURE OWNER 'S SIGNATURE • V/6/9.6 • lljz/g6 DATE / DATE c o 9$44-iNcz►', R . 6ri-R.it-e77 `)''Z q sift? — - 44-41.4 . - tat FEES: Amount 4 105' co Date Paid I 1/7 $(o Rece i t • 126 JACK GATES SUBDIVISION 11/85 ORANGE COUNTY CERTIFICATION AND ApPRQyALS — PRELJOAARY PLAT STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN: Received 11-17-86 Reviewed 11-26-86 PRELIMINARY PLAT: Received 1-30-87 Reviewed 2-4-87 REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE 2-4-87 CERTIFICATION SCHOOL BOARD (Orange/Chapel HiiI-Carrboro) : DATE 2-3-87 CERTIFICATION N/A UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE 2-23-87 Certification Hearth Department OTHER: Recreation Advisory Council 2-23-$37 _(Date) Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro 3-6-87 (Date) Hillsborough (Date) Durham (Date) Other (Date) Erosion Control 3-2-87 (Date) PLANNING BOARD: Date Approval Approval with Conditions Denial BOARD OF COMMISSIONERS: Date Approval Approval with Conditions Denial t- \s\-.// . • . 1 t Tic K Gates SUAd;v;siah A L"... pplieayet : Tam es HHa/land 4.65 A, Zahin , : I?ura 1 Buffer • Lap i3esInaf iah : Rural Suffer Universi fy LaKe Wafcrslcd . Sca le : 1'9 y-QD P Al . 0 - 5 5.6 AG - 49I4 i - 44. i 0110. /�•7r . ` '' •69 88 r 17.7..... .. 1.01 .59 AC. 1 , ......,. 4... • 18131 ./ `., _ �� . -.. 404 - 0 ' 5.69 AC. 28.3 AC,' •9441 �55 v. r ~1 QJ 7CEQ 40 6� J 6967 f/ 1 AC 16A // IC .. Q /1 .. _�_�- .-,4; ' 4.9 AC, . ` . 1777 8958 ----•- 0 3848 • . / , /� (1111) • , .1 19.5 AC- �/ ^`- `r aV , Q► 55 76 J AC. 6A2 Ac //4 1 ` _ d'!; I AC + CAL.' : : � 'P P. 1 s �' ,` 43 � / 111 V h' ./ I (I) ' Zii Its .. 4011 ' CD ` arc 2510 0 AC- 9046 • '/ 2 AC. C II AC. 1 r. 2188 ` 6236 I' • 1 ' 1a 2A g ' I22 • . I °? Vk�• 7 DISTRICT / zr r I 1 �r MAP 1128 ii 276AC __._ MAP 112E I .g•� - � �! JEFF a 1723 N I N ;AlWA7ER ..� 128 Orange (Lrnccntq Recreation mu) parks Deportment 300 West Tryon Street i - •y •�jr�.al w v �lrL HILLSBOROUGH, N.C. 27278 L.].fe.Be Ill it. Mary Anne Black, Director MEMORANDUM TO: Eddie Kirk, Planner FROM: Mary Anne Black` 10 DATE: February 23, 1987 RE: Courtesy Review -- Jack Gates Subdivision Upon review of the preliminary plan for the above-mentioned proposed subdivision, I find that the only element warranting comment from a recreation and park perspective is the subject property's location within the JPA. In that no recreation and park open space sites have been designated on the Land Use Plan for the subject property, I would . recommend that the Board accept payment-in-lieu of dedication of land for public recreation. This payment, it would appear, should be assessed to any and all lots previously created through the minor subdivision process, as well. Thank you for the opportunity to offer these staff comments. I will present my recommendations to the Orange County Recreation and Parks Advisory Council at their March meeting and will forward to you any changes/additional comments they may have. MAB/pbl Hillsborough, 732-9361 • Durham, 688-7333 • Chapel Hill, 968-4501 • Mebane, 227-2032 Area Code 919 ORANGE COUNTY PLANNING DEPARTMENT 125 HILLSBOROUGH NORTH CAROLINA 27278 rr or q. /hit t 6 MEMORANDUM TO: Eddie Kirk, Planner FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Jack Cates Subdivision Stormwater Management Plan DATE: March 2, 1987 The Appendix to the stormwater management plan adequately covers the Ordinance requirements for detention. This subdivision meets the Ordinance requirements. LLILtbililit_______ i tj P.0 u.• y i :►' Carrt..r.J. '.ai Ir•C,rrohn.a 191Di iriti-''in: . liy)9a, 0:.•1I March 6, 1987 Eddie Kirk Orange County Planning Department 106 E. Margaret Lane Hillsborough, NC 27278 RE: Courtesy Review Jack Gates Subdivision Dear Mr. Kirk: Per your verbal request, I would have the following comments on this subdivision. If this parcel were located in the Carrboro Zoning District, it would more than likely be zoned R-41 for residential use. The lot layout as indicated would conform to provisions of this zoning district. Acreage within road right-of-ways could not be considered a part of the lots. If I can be of further assistance, please call . Sin erely Amy Parker Development Coordinator AMP:sgm b. Jack Gates D Lfl (Preliminary Plat - Chapel Hill Township ) Presentation by Eddie Kirk . 131 The property is located in Chapel Hill Township on Jack Gates Lane, a private Class B road, off NC 86 . The total acreage involved is 25. 16 acres with 3 lots proposed. The average lot size is 2.46 acres. The property is zoned Rural Buffer (RB) and is designated Rural Buffer in the Land Use Plan . All applicable agencies have reviewed and approved the application. The Planning Staff recommends approval with the following condition: -payment- in-lieu of dedication of land for Recreation Area in the amount of $447 . This is based on 4/35th x the assessed value per acre ( $3,920 ) . In response to a question from Margison, Kirk explained the location of the other family member lots located on Jack Gates property. MOTION: Best moved approval with the staff condition. Seconded by Eddleman. Kramer asked under what circumstances payment- in- lieu is required. Collins responded if there is no recreation site shown on the plan, then payment- in-lieu is required (Chapel Hill Township) . VOTE: Unanimous. - O R A N G E C O U N T Y 132 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date April 6, 1987 Action o1�enda Item SUBJECT: ENO RIVER ESTATES - PRELIMINARY PLAN DEPARTMENT: PLANNING PUBLIC HEARING Yes X _ No Attachment( s) Information Contact: Jane Garrett Application Vicinity Map Preliminary Plan Preliminary Plan Certification Agency Comments Draft 3-16-87 Planning Board Minutes Private Road Evaluation Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : To approve the Preliminary Plan for Eno River Estates. BACKGROUND : The property in question is located in Cedar Grove Township extending from Lake Orange Road ( SR 1323 ) . There are 27 lots proposed out of approximately 81 acres. The average lot size is 2.9 acres, and the subdivision will be developed in two ( 2) phases. The roads in the subdivision will be con- structed to NCDOT standards for a residential subdivision . However, the applicant proposes that the streets be retained in private status and maintained by a homeowners associa- tion . No zoning has been adopted in Cedar Grove Township . The Land Use Plan designation is Agricultural Residential . The minimum lot size required in unzoned townships is 40,000 sq. ft. All applicable agencies have reviewed and commented on the proposal . The North Carolina Department of Transportation provided recommendations in the enclosed letters dated January 8, 1987 and February 11 , 1987 . The Orange County Planning Board supports their recommendations regarding the bridge. The Orange County Recreation Department provided a recom- 1 3 3 mendation in the enclosed memo of February 23, 1987 . Voluntary donation or an easement grant for the 100-year flood plain area adjacent to the Eno River is to be sought by the Recreation Director. Since no plan for parks and/or greenways exists for Cedar Grove Township, the Orange County Planning Board supports this recommendation and recommends approval . RECOMMENDATION: Approve contingent upon the following conditions: ( 1 ) Provide a notation on the final plat indicating restricted development potential if lots 17 and 18 prove unsuitable for septic systems; ( 2) The community association that will maintain the private streets in the subdivision should establish capital fund that will be sufficient to replace, in compliance with NCDOT guidelines (minimum construction standards for bridges ) , the bridge crossing the Eno River. Capitalization of this fund should be deter- mined by a qualified engineer and should be based on the estimated replacement cost being available at the end of the present bridge ' s remaining life span . (3 ) Meet with the Recreation and Parks Director regarding a voluntary donation of an easement in the 100-year floodplain area adjacent to the Eno River; (4) Provide a 50 foot undisturbed buffer for lots with frontage on the floodplain area adjacent to Eno River and frontage on Lake Orange; (5) The Road Maintenance Agreement for the private roads in Eno River Estates should indicate that the roads will be maintained to State standards; and (6 ) Include the name of the owner and location of parcel 2.45 . .3A, John W . Tolar, on the Final Plat. 11/85 • I34 .- 2BAIELSIMAIX DATE: 121zC0 I SG • SUBDIVISION NAME: � '.)61Z. 5-57.6:16. LOCATION: •hlg-412 /AKE. Opt. : IGE.r OWNER/DEVELOPER: _G- [,t LA-r-fIMoRE.- ADDRESS: _ " TELEPHC�• _ NO. : AGENT/CONTACT: • *41 1. 5'd . .'Nel; . -VA . _ TELEPHO: _ NO . : 7a-- 3 s71-0l. • A. SUMMARY INFORMATION: ��2.._ Orange County Tax Map Black ' Latta] ..? , Township Z Zoning District(s) : _ Total Number of Acrew . Si. t _ • Phases: w ! Total Number of Lots: 1Z Average Lot Size: -2.0 At-Minimum Lat Size !. dc.. Number/Type of Struct( ea: (existing) /4ol-11r. •_(proposed1-3-1,•161.E.;-�r1JL 1 Lineal Feet in Street: 2c.of)i. _ Acres in Open Splice Water Supply: _Pub ll c(specl fy) Community , aC Individual Wastewater Di scone L:. , PubLic(specify) Clmmunity 7{ Individual School District: Fi re District: General Land Uses in A •ea: 6RIGU1-rde..41_ ?e Si.D�,IT1/ :. Critical. Areas: X at;•eam/dralnagewayu' S[_fLood ...rano areas watershed(apacify) historic sites other(ex,. Lain), B. All pLate must be submit ad on sheet no sea lLar tha.4 . one inch aqua is two— hundred feet (111=2D017 and• no larger than one 1 ich aqua Ls fifty feet I =50 ) ands ■u contai the fo )Lowing information : • . : . arrl1rl.1. 'ems N building puto.•.x liege ..L :,,n name of o• r(u) : by as;atiaa or typical tat items mam of a_• iysr, mwgtwe•r dr p:::.x: layout mpleted) %-` laud •iaar. ✓• sainting sod prspoeod a...— (till:) Pr. :misery Plea ^:;:;4; amass ldr.lna... uti litho. meats. sort. arrow (Marsh at v :`• reeds. eta.) we x;;j s00 of mop) saluting. prs{....d and date Gaol.-sing reenter dotes)~ ::::; adjoining rign•a-of-..y toloosille. t.1 ..p- Lase-let �''l'# ImgilYdlwg d lasnaiswn and Mkt rarsp.. N :'....F',�' stress -memos ..:d s;a;• road ..s b•sal.r Q.►.. xk: y piked ritM x nua•.ro :; e0erlwge am Ius.meee j��= saluting • proposal total .area ., of the locos i .ci lids. incl.dln• ' ``` Md uen.ge f )atom lwol•sing :ip,?: type. vitae. en■ erslydt•� ors. ■1;b/a �;;y hydrants. rots•:. and v/ ,w,w'"hF•w'-•••..•, rlgi;.rf-1• t'" rawaa tan ' :entry) •.rte".r ;••••• proposed I. tidied 'ISO 7 ,.. :',',' , aaiatlag and pr.aoand 4Ylr.r; / x::ti i§ dlmma•tewa / ri lwcludlag .1:w. and prsdaa ✓ :k"' �� tyPin.l :looms r.o.r'asoti.n■ l•s easier. 3:*;:•:; sad 1 ..an areal la Peset.g Vim • " :wti:; ineludln tapsgrephy tan fast (101 �`:':•: d uay 'g and south / r Oi trsrslray arq .naYldera �/ 1 la _ y's;1 hs rl saw tr t • / mess b.dl .sr•saa, flood. '""'' 11pam(po .ad ✓ kOW. soy .ad rte. alalnr : ` gmarrrl ,ca (poetic scream our/. .ad wosa;low 1 perm.wawt fnas.. ee such as isolating I •;ri.srd build iota. a.ra.arian. 1 <. .. , :: N^ .rvolap lit historic laneamelea. ;...rt towmmel.. a '.Joni: sad sates. _._ adjoining fi territorial ; lamming amass ofsdjele?gig proo.rty0e ,mot,, w jurisdiction linos salsa y � �%'." Orn.ers sad aY0alr1a10n. true: the pr ■sty loeatle& end _Ise of paresis dedicated for publls vas or reserved .� w la coman • '' lama;tow a.• side ar tote Of rostrlcs.d day.lapreni ..atentl.l and 3::':4. agitation ea , at reg.rdi.g ass. were .tormenter a...ag..snt etas _ Ind10ettng presentee fir :.ntrol of eh. firer 1/ In. .. ... 135 C. OTHER SUBMITTAL REQUI ENTS: 1 . Twenty—six (28) cop�i a of the preliminary plat 2. Two full size coolie of an Orange County Tax map one copy( co with tax parcels involved cleprly marked] . 1 3. Where municipal or OWASA newer is not available , a Letter from the Orange County Health Department certifying the proposed wastewater system for each lot. I , the applicant, hereby certify that the foregoing application is complete and accurate. I understand ' ,'that a $210.00 fee (subdivisions of 15 lots or leas) or a $370.00 fee (subdivir: one of 18 Lots or more) is due at the time of app Li cation . A $6.00 1•tir Lot fee is due at the time the final plat is presented for recordation .,: :1 APPLICANT 'S SIGNATURE i' OWN ' ,P ATURE DATE //" / 9 r g • DATE r . I FEES: Amoont gla DI" • Date Paid /I-29 �� Receipt s// • • . is Lo) ■••• ...r.. CCNTONN 8E40eG5 7U 1NI ENO LAKE ORANGE INC. ACREAGE INCLUDED IN E S Args ,550E AC.- E ,C. r0 L APPLICRiii:coot 4 AAAiW LAmaote -., LL&P DEN v14M10'J AULINALTIOAL RX-51 PL°1J TIM. . 2 0215eFu I' 1�4J) ►.p 4 22.1 AC. CAL. 0 I 156.57 AC. A \111N --'-- -. •• .f -6—'- \ 0474 M 3 � ��r OAC Q I n`0 a �� AC. 2274 a CL- \ • \ ` \ P I \ � \ I:: SCALE: I"z490'..00 , — -7, -. ...--4\ / — — - • �r Eno River Estates 11/85 13' I O NGE LINTY RA �� . 1 STAFF ASSIGNMENT: Jpne Ga. --qtt SKETCH PLAN: Received _j2.7. 2-86 ,,,,1?- 2-86 Reviewed 12-17-86 PRELIMINARY PLAT: Received 12-29-86 Reviewed 1-5-87 REVISED PRELIMINARY PLAT: received , Reviewed , NCDOT: DATE 2-13-87 _ERTIFICATION J.M. Mills, District Engineer SCHOOL BOARD (Orange/Chapel Hill—Carrboro) : DATE 2-2-87 CERTIFICATION N/A UTILITIES (OWASA/HillsboroJgh/Mebane/Orange Alamance/Durham) : DATE N/A Certification _ OTHER: Recreation Advisory Council 2-23-87 MA Black _(Date) Carrboro Fire Depi.rtment (Date) Chapel Hill (Date) Carrboro (Date) Hillsborough (Date) Durham (Date) Other S&E - 10-2-86 w Fa i rcl oth (Date) Health Department 1-21-87 _(Date) PLANNING BOARD: Date Approval , Approve.] with Conditions Denial BOARD OF COMMISSIONERS: I`::te Approval Ipproval with Conditions ,_ Denial • ORANGE 1COUNTY PLANNING DEPARTMENT I ILLSBOROUGH NORTH CAROLINA 138 27278 • 4F it _ ,W 44-* MEMORANDUM TO: Jane A. Garrett, Planner FROM: Warren Falrcloth, Erosion Control Officer SUBJECT: Eno River Estates Stormwater Management Plan DATE: October 2, :986 The plan for this subdivision utilizes large lots ( 2 acres) , limited lmper.vlour surface on each lot, grass swales along the new paved ror.d, and retention of the existing vegetation as a buffer for filtering and infiltration of runoff to meet the Ordinance regu. irements. The plan and subdivision meet the Ordinance regt; irements. ajaUlairEAddil Warren Faircloth • • • • • • " i 13& .., VLy��4 :I T: STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, North Carolina 27253-0766 JAMES G.MARTIN February 11, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E.HARRINGTON GEORGE E.WELLS.P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Ms. Jane A. Ga-:rett Orange County Planning Department 106 East Margaret Lane Hillsborough, NC 27278 Dear Ms. Garre t: In response to your letter of February 2, 1987, I have reviewed the r .eliminary plans for Eno River Estates in Orange County. In c _3er for the preliminary plans to be approved, all horizontal cuL.e data must be shown on the plans. Also, please refer to my le ter of January 8, 1987 for the guidelines regarding the existing t:idge and dam. These guidelines mast be adhered to. I these comments are helpful regarding this development. If ., have any further questions, do not hesitate to call this office. Yous very truly, ///1 J. . Mills STRICT ENGINEER JMM:SPI:acr Q • 140 Cr i `1C2q" 1"i ji STATE OF NORTH CAROLINA • DEPARTMENT OF TRANSPORTATION Graham, NG 27253-0766 JAMES G.MARTIN January 8, 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 Planniu Department 106 East Margaret Lane Hillsborough, NC 27278 Dear Ms. Garrett: In response fa your letter of December 22, 1906, when I attempted to investigate this area indicated on Tax Map 45 in the Cedar Grove Township, I found the road, bloc::.3 and, therefore, could not review the condition of the dam. • Actually, it is the policy of the Division of Highways to discourage the location of roadways on dams. However, in certain cases where a definite advantage is gained, a dam may be utilized as a roadway :provided the following criteria is met: 1. The dam t.ist have certification from the N. C. Department of Natural Resources and Community Development pursuant to the "Dam' Safety Law of 1967" (amended 1977). 2. All pertinent data regarding the design of the embankment as an impoundment structure must be presented to the Division of Highways for review. 3. The top dross section dimension must be the roadway width required;shoulder point to shoulder point) plus a mini- mum of four (4) feet., • 4. Guardrail will be provided on the impoundment side of the roadway. If a safety hazard exists, then g...:rdrail may be required ..n both sides of the roadway. 5. The spill: ay will be designed to provide two (2) feet of freeboard at the shoulder for an estimated 50-year design frequency outflow as a minimum. • An Enual Onoorlunity/Affirmative Action Emnlover Ms. Jane A. Garrett. January 8, 1987 Page 2 6. A means cf draining the lake completely will be provided. The Divisi. of Highways approval is limited to the use of the dam as a roadway and is no way intended as approval of t•..? embankment as an impoundment structure . Also, if t.' section of roadway crossing a dc.=_ is accepted as a part. of the State Mainter...i: :e System, the maintenance of this roadway is limited to the shoulder point. :o shoulder point area only. Res ,ansibility for the impoundment, any damaf.•: that may result therefrom, and maintenance of the dam or appurtenances as ni ' be required to preserve:it.s integrity as a water im- poundment structure s'- :_1l remain with the owner of the impoundment. Any such maintenance work will ::e subject to the provisions of G. S. 136-93. If the dev... per satisfied the requirements f.:17 a roadway section located on a dam, the section of road below this dam will be eligible to be added to the System c2 maintained roads if it is constrt.:cted in accordance with the Department L Transportation's minimum construction standards as out- lined in the SubdiviE. a Manual, May 1, 1983, (right of :-ay, pavement design, minimum housing requi '.ment, etc.). Of course, if the developer desired to add the road on the other side of the bridge to the ::..stem of maintained roads, then t:-.o bridge will have to meet the following cr:•:eria: 1. Structures; which are to span streams shall be designed for hydra.Ilic requirements in accordance wi_h Division of Highw:ys' criteria, and plans shall be submitted to the Hydre ;raphic Unit: for review and approval. 2. Structure.: shall be designed for a minimum ;ive load of HS-20 as ;specified in the Standard Specifications for Highway Bridges of the American Association of State Highway c fici als, and plans shall be submitted for review and approi;.al by the Structure Design Unit. 3. Other requirements, as set forth in the Sub•.ivision Manual, May 1, 1: 3, shall be followed. I hope this .::lps you regarding this development. If you have ..ry questions, do not hesitate to contact this office. Ycurs very truly, J M. Mills ( ,, MzuIcT ENGINEER JMM:j bh %fir142 Ora •r (gaunt!" 3drrreattnn anti parka i e?urtutrui �-. i■�'a ti 300 West Tryon Street . l�.i.' �' t� HILLSBOROUGH. N.C. 27278 Life.Be In it. • iilay Anne Black, Dirccwr : I MEMORANDUM 1:9] .)7-2E-2.11W TO: Jane Garrett, Planner Q-Zt,'S'1 FROM: Mary Anne. 31ack '7/x DATE: February t3, 1987 RE: Courtesy ...,aview --- Elm Grove Eno River Estates .1 Esoderrick Division ELM GROVE Upon review of the preliminary plan for the proposed Elm Grove Subdivision, I find that the, only element warranting comment from a recreation and park perspective is the subject property's location (a) in the JPA and (b) on or near the New Hope Creek watekway. The owners have indicated to me hat the.property is not in the New Hope Creek floodplain and if this i the case, I would recommend that the County accept payment-in-lieu of dedication of land for public recreation, in that the property does not,contain lands for future park or greenway sites. ENO RIVER ESTAT ' - The only el It of this proposed subdivision preliminary plan is its proximity to Orange and its location on the Eno River. Both these water resources are valuable recreation resources as well. I would request that the County pursue the possibility of the owner (a) donating that portion of "As is property which lies within the 100-year flood plain to the County, o.. (b) granting a(n) (conservation) easement on that same portion to the Coanty. I would be willing to explore these options with the owner if the. Board so desires. The County Attcrney would, of course, need to be invoL_d in such negotiations. ESODERRICK DIVISI:N I find no elc `nt on the preliminary plan warranting comment from a recreation and park perspective in that the subject property's location is not within the JPA or planning jurisdiction of Hillsborough. Thank you for the opportunity to offer these staff comments. I will present my recor.-endations to the Orange County, Recreation and Parks Advisory Council at their March meeting and will forward to you any changes/additions comments they may have. I , MAB/pb1 ;g • • Hillsborough, 732-9331 - Durham, 688-7333 • Chapel Hill, 968-4501 - Mebane, 227-2032 144 , SUBJECT: Eno River Estates - Preliminary Plan Private Road Evaluation BACKGROUND. Private roads may be allowed in a subdivision when the following conditions have been found to exist. 1 . The nature and location of the subdivision, includh ing such considerations as topography, the surrounding area, present and future road plans, and public safety access Justify private roads, and 2. One or more of the following conditions exist: a) the subdivision consists of less than ten ( 10) lots; b) the subdivision preserves a natural area through deed restriction and special design features; c) the subdivision does not include or abut any part of a thoroughfare or street shown on the Orange County thoroughfare plan or the thoroughfare plan of an Orange County munici- pal ity, or does not lie within a designated transition area determined by the County; d) the subdivision Joins or extends an existing subdivision where the streets are private or unpaved and when the new subdivision shall be platted to connect with the streets of such existing subdivision and be compatible with and in harmony with the surrounding community area; e) the subdivision roads, even if constructed to State Standards, would not be accepted by the State for maintenance due to density or some other State requirements that the subdivision cannot meet. EVALUATION In applying these conditions to Eno River Estates, the Planning Staff notes that the owner intends to build the roads in the subdivision to NCDOT standards, but intends to retain ownership and maintain them as private roads. The reason for this is to avoid rebuilding the Eno River bridge to NCDOT standards. The bridge must be considered as a significant factor in applying the conditions that allow private roads. 2 144 With regards to condition 1 , the location of Eno River Estates is a significant consideration . The only access to the property is via the private road that crosses the Eno River on the existing bridge Just below Lake Orange dam. State maintenance on SR 1323 ends approximately 875 feet east of the property that will be subdivided to create Eno River Estates. This means. that there can be no further use made of the roads without the consent of those persons who hold the private road easement. This and the location of the subdivision indicate little Ilkelihood. that the roads in Eno River Estates will be extended significantly. With regards to condition 2, three of the five condi- tions that Justify private roads exist with Eno River Estates. The subdivision does not include or abut a street designated in a thoroughfare plan nor is it in a designated transition area. Access to the subdivision will be thorough extension of an existing private road. NCDOT would not accept the subdivision roads for maintenance until the bridge meets State standards. While the bridge appears to be adequate, extensive changes would be needed to bring the bridge up to State standards. The bridge is not located on the property to be subdivided, so the County cannot require bridge improvements as part of subdivision approval . Therefore, even if built to State standards, the State would not accept the subdivision roads for maintenance because of the bridge. RECOMMENDATIONS 1 . The subdivision roads in Eno River Estates should be built to State standards, but be privately maintained. 2. The Road Maintenance Agreement for the private roads in Eno River Estates should indicate that the roads will be maintained to State standards. 3. The community association that will maintain the private roads in the subdivision should establish a _ capital fund that will be sufficient to replace, in compliance with NCDOT guidelines (minimum construc- tion standards for bridges) , the bridge crossing the Eno River. Capitalization of the fund should be determined by a qualified engineer and should be based on the estimated replacement cost being available at the end of the bridge' s remaining life span. DRAFT 147 MINUTES PAGE 2 projection for Little River Township was large in percentile terms, and had already been shared with the public, creating a credibility problem among area residents. These corrections have all been made. MOTION: Best moved approval with corrections as stated by Jacobs. Seconded by Pilkey. VOTE: Unanimous . AGENDA ITEM #4 : COMMISSIONERS BRIEFS - Informational only. AGENDA ITEM #5: CHAIR COMMENTS Pilkey reported from the Reservoir Site meeting with Don Cordell and respresentatives from the various water suppliers. She stated that review of the study is underway with a recommendation to be made within ninety days. Best reported from the Long Range Water Management Strategy Committee. He stated that the short term solution of transfer of water is being studied. For a long term solution, the question of how to finance a new reservoir site provided the need for a new site is established. He indicated a meeting would be held on April 1 to hear a report from Hazen & Sawyer on procedures for transfer of water from surrounding areas such as Durham, Burlington, Chapel Hill and Chatham County. Also, methods of financing a long term project such as a new reservoir site such as bond issues will be discussed . Jacobs reminded staff of the public charge to be included on the agenda. Jacobs asked the Board to consider having a special Planning Board meeting on April 7 to review and make recommendations on the Rural Buffer and the Transition Area. AGENDA ITEM #6 : SUBDIVISION APPLICATIONS a . Eno River Estates d (Preliminary Plat - Cedar Grove Township ) 1.; Presentation by Greg Szymik. The property in question is located in Cedar Grove Township extending from Lake Orange Road ( SR 1323 ) . There are 27 lots proposed out of DRAFT PBM MINUTESlt 3 approximately 81 acres. The average lot size is 2.9 acres, and the subdivision will be developed in two (2) phases. The roads in the subdivision will be constructed to NCDOT standards for a residential subdivision . However, the applicant proposes that the streets be retained in private status and maintained by a homeowners associa tiOn . No zoning has been adopted in Cedar Grove Township. The Land Use Plan designation is Agricultural Residential . The minimum lot size required in unzoned townships is 40,000 sq. ft. All applicable agencies have reviewed and commented on the proposal . The North Carolina Department of Transportation provided recommendations in the enclosed letters dated January 8, 1987 and February 11 , 1987 . Orange County Planning Staff supports their recommendations regarding the bridge. Szymik presented photographs of the bridge as supporting documentation . The Orange County Recreation Department provided a recommendation in the enclosed memo of February 23, 1987 . Voluntary donation or an easement grant for the 100-year flood plain area adjacent to the Eno River is to be sought by the Recreation Director. Since no plan for parks and/or greenways exists for Cedar Grove Township, the Orange County Planning Staff supports this recommendation. The Planning Staff recommends approval contingent upon the following conditions: ( 1 ) Provide a notation on the final plat indicating restricted development potential if lots 17 and 18 prove unsuitable for septic systems; and (2) Compliance with NCDOT guidelines (minimum construction standards ) regarding the bridge. Szymik indicated Planning Staff wished to expand condition 1 2 as follows: Planning Staff recommends that a Community Association of Landowners establish a capital fund to rebuild the bridge to NCDOT standards when the time comes to replace the bridge. I4i DRAFT PBM MINUTES PAGE 4 Best inquired when the bridge would be replaced. Szymik responded that staff would recommend that a certified engineer examine the bridge, determine its condition and estimate its future life span and recommend that the capital fund be created to have the amount of funds needed for replacement when that Iife span is reached. Jacobs asked why the question about the bridge would not be taken care of before preliminary approval . Collins responded that the Homeowners Association Agreement (with County Attorney ' s approval ) , will be included with the final plat. Scott Dorsett, representing the applicant, stated that the Lattimore ' s home will be the first to be built in the subdivision and indicated he felt the applicant would be willing to take whatever steps necessary to assure the proper replacement and upkeep of the bridge. Jacobs asked about the applicant' s response to the recommendation from the Orange County Recreation Department. Mr. Dorsett responded that the Lattimore ' s expressed willingness to discuss the recommendation with Ms. Black, Recreation Director. Jacobs asked about adding a condition regarding recreation . Collins responded that it would have to be a voluntary contribution . Pilkey expressed a concern that in the future there would be a road going all around the lake. Mr. Dorsett responded that his clients would be opposed to such a road . Jacobs presented the following change and addition to the conditions as presented by Staff : Change Condition #2 to read : That a Community Association of Subdivision Landowners establish a fund of annual dues to be applied to replacing the bridge to NCDOT standards at the time the life span of the bridge is achieved . Add Condition #3: That the applicant meet with the Orange County Recreation Director and representatives of the Orange County Recreation and Parks Advisory Board to discuss voluntary donation or the granting of an easement of lands in the 100—year floodplain AMIMME 146 DRAFT PBM MINUTES PAGE 5 along the Eno River. MOTION: Best moved approval with the three conditions as recommended by Staff and Jacobs. Seconded by Swann . Hubbard inquired about the amount of drainage into Lake Orange. Szymik responded that the proposed extension of Lake Orange Road follows the ridge line. The property passes over the ridge line in the northeastern corner of the property which drains into Lake Orange. The remainder drains westward into a small stream which empties into the Eno River Just below the dam. Pilkey asked about access for adjoining property. Szymik responded the possibility of requiring a stubout to the property to the west ( a one- hundred acre tract) , which is separated from the State Road by another large tract of land (48 acres ) , was discussed but the Planning Staff decided against a requirement which might encourage further development. Margison expressed a concern that this would be ' another area of pollution for a water supply watershed . Best responded that the lots are larger than two-acres and the requirement now is only 40,000 square feet; thus, he felt there is sufficient open space to address Margison ' s concern. Collins clarified that after removing the flood- plain areas, there is sufficient buildable area to meet all setback requirements for the home and to install the septic system. Hubbard commented the large lot sizes were nice but he felt it was still too critical an area to allow development where any drainage would go into Lake Orange. Collins indicated he felt this was not an area for concern as the lots at that particular point would most likely remain wooded and that small area would act as a buffer. Eddleman noted that he felt the Board must stay with the findings of fact and the requirements or be challenged . Margison wished to add a fourth condition requiring that all lots fronting the lake and floodplain have at least a fifty foot buffer of existing vegetation. 149 DRAFT PBM MINUTES PAGE 6 The fourth condition was accepted. VOTE: 8 In favor. 1 opposed (Hubbard - opposed to development In a watershed) . 1 abstained (Yuhasz - due to professional con- flict of interest) . O R A N G E C O U N T Y BOARD OF COMMISSIONERS 150 ACTION AGENDA ITEM ABSTRACT Meeting Date April 6 , 1987 Action�lge0nda Item �ii SUBJECT: NATURAL AREAS INVENTORY - TRIANGLE LAND CONSERVANCY DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT( S ) : INFORMATION CONTACT: Marvin Collins Olivia Ludington Letter of 3-17-87 Proposed Inventory Budget Charles Roe Letter of 2-10-87 Recreation & Parks Advisory Council Resolution of 3-3-87 TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : To approve a proposal of the Triangle Land Conservancy for preparation of a Natural Areas Inventory of Orange County . BACKGROUND : On January 31 , 1987 , the Environmental Affairs Board held a workshop to identify environmental issues confronting Orange County . One concern which emerged from the meeting was the need for a detailed inventory of areas of outstanding natural significance. Since the workshop, the Triangle Land Conservancy has been working closely with the N.C. Nature Conservancy and the N.C. Natural Heritage Program to ascertain the best way to finance and organize such an inventory . Meetings have also been held with Orange County representatives, including the Planning Board Chair, the Recreation & Parks Director, and the Planning Director. The attached proposal of the Triangle Land Conservancy proposes a combination of public and private funding: a $5,000 private donation ; a $7 ,000 contribution from Orange County; and $2,000 contributions from the Towns of Chapel Hill and Carrboro. The funds would be used to cover expenses of N.C. Natural Heritage Program personnel , the professional services of contracted biologists, and duplicating, travel and other administrative costs associated with the project. The project would involve six phases: ( 1 ) consultation with individuals, organizations and other available resources; ( 2) selection of potential natural areas ; (3) survey of natural areas and compilation of preliminary reports; (4) compilation of detailed inventories; ( 5 ) preparation of 151 inventory maps and reports, and identification of priority areas; and (6 ) preparation of a summary report. Both the Planning Board and the Recreation and Parks Advisory Council recommend that the County provide financial assistance to the Triangle Land Conservancy for completion of the inventory . The Planning Board recommended in January of 1987, when the Inventory of Cultural , Historical , Recreational , Biological and Geologic Sites was adopted, that a more in-depth inventory be undertaken . The Triangle Land Conservancy has submitted a non-departmental budget request for funding in the 1987-88 fiscal year . Although funding in the current 1986-87 budget year is desired, the project could be initiated even if such resources were not available. This would be possible through the private donation . However, a commitment to the project in the 1987-88 budget is desired so that continuous financial support would be available for contracted professionals. RECOMMENDATION: Endorse the proposal for the Inventory with an indication that effort will be made to include Orange County ' s share in the 1987-88 budget. AMMM ORANGE COUNTY 175 BOARD OF COMMISSIONERS Action Ira. Item No ACTION AGENDA ITEM ABSTRACT Meeting Date: APRIL 6, 1987 SUBJECT: EQUALIZATION AND REVIEW BOARD RESOLUTION DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S RESOLUTION OFFICE,X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To adopt a formal resolution establishing the Board precedent to making appointments. BACKGROUND: The Orange County Board of Commissioners approved the establishment of a special Board of Equalization and Review for the year 1987-1988. The Board will convene on April 4 , 1987 to set dates for hearing appeals. Taxpayers will be able to appeal from that date through June 30, 1987. It is expected that the Board will complete its work on July 1, 1987. Notices of Equalization and Review decisions will be mailed thereafter. The Board of Equalization and Review will consist of five or more members. It is essential that there be a quorum at each meeting and that members who decide the appeals be present to hear the taxpayer and discussions on each appeal. Adherence to an attendance policy will be necessary to ensure this on the part of all members appointed. It is not known at this point how many appeals there will be until the appeals procedure and dates are advertised. A total of 47 meetings were held in 1981, however, there probably will be a lesser number for the year 1987. RECOMMENDATION(S) : Adopt resolution. (d) NORTH CAROLINA ORANGE COUNTY BOARD OF ORANGE COUNTY COMMISSIONERS RESOLUTION WHEREAS Orange County and the municipalities in Orange County have experienced and expect to continue to experience rapid growth which has and will continue to have tremendous impacts on the demand for capital improvements to the public facilities of Orange County including its roads, its recreation facilities , its need for public housing, its schools, its courts, its jails, its libraries, and its other public facilities; and WHEREAS an excise transfer tax levied on the transfer of real property in Orange County which tax would be shared by the municipalities within. Orange County would have a just and equitable relationship to the increased capital needs of the county and the municipalities within the county caused by rapid rowth; and WHEREAS the attached bill to be entitled AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY AN EXCISE TAX ON INSTRUMENTS CONVEYING REAL PROPERTY IN ORANGE COUNTY will enable Orange County to levy and share with municipalities within the county taxes necessary to make the capital improvements needed and demanded by the citizens of Orange County if adopted by the North Carolina General Assembly; IT IS NOW THEREFORE RESOLVED THAT the Orange County Board of Commissioners respectfully requests its legislative delegation to introduce and support when introduced the attached bill to be effective June 30, 1987 and to apply only to Orange County. Resolved this the 15th day of April, 1987 at an "adjourned" portion of the April 6, 1987 regular meeting of the Orange County Board of Commissioners. Upon motion duly made and seconded, the foregoing Resolution was adopted by the Board of Commissioners of Orange County this the 1-5th day of April , 1987 . Ayes: Commissioners Marshall, Carey, Halkiotis and Willhoit Noes: Commissioner John Hartwell �. • 1 APPROVED AUGUST 3 , 1987 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS CONTINUED MEETING FROM APRIL 6, 1987 HELD APRIL 15, 1987 The Orange County Board of Commissioners met to continue the meeting from April 6, 1987 on April 15, 1987, 11: 00 a.m. in the Board of Commissioners Room, Orange County Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners Moses Carey, Stephen Halkiotis, John Hartwell and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers Albert Kittrell and Bill Laws, Finance Director Gordon Baker, Clerk to the Board Beverly A. Blythe, Deputy Finance Officer Ken Chavious,and Tax Supervisor Kermit Lloyd. PUBLIC CHARGE Chair Shirley Marshall read the Public Charge as stated on the agenda facesheet. LOCAL LEGISLATION TRANSFER TAX LEGISLATION (A complete copy of the proposed legislation is in the permanent agenda file in the Clerk's Office) . Geoffrey Gledhill reviewed the changes as requested by the Board members on April 6. They are as follows: (1) The election to exempt from the tax imposed an amount up to $50, 000 which is an arbitrary figure. This would be determined annually by resolution. (2) To exempt from the tax an interest in real property to a not-for-profit organization. He addressed concerns with this provision in a letter to the Board dated April 10. (3) The composition of the Land Transfer Tax Appeals Board in case there is an election by a municipality not to participate in the distribution of the tax money. (4) A clause which indicates that the proceeds can only be used for capital expenditures for which the local government that gets the money is authorized by law to use the funds. (5) Municipality opt out provision. It was agreed that this provision should be an opti®nin provi whereby a municipality may, by resolution, elect to receive their distributed share. Gledhill distributed with the bill a chart showing each of the methods for distribution that were discussed at the Board's April 6 meeting. Commissioner Hartwell commented that the bill will be difficult to pass. He suggested putting a $50, 000 floor which could not be changed without legislative action. He proposed deleting from the bill the not-for-profit organizations exemption and the Board members agreed. Commissioner Willhoit stated support for the bill because of the 2 money it will generate to meet the needs of the County. To put a dollar figure in the bill is inappropriate and to raise or lower that figure would necessitate a legislative action. Maximum flexibility is important so that the County can make the decision on the amount of the floor. Commissioner Carey emphasized that the bill will not produce enough revenue to enable the County to address the major capital needs of the County. He suggested placing a maximum floor with the flexibility of choosing an amount up to that maximum. Chair Marshall described a situation in which the original purchaser pays the tax and the developer pays nothing and noted that setting a floor does not represent fairness in the bill. Commissioner Halkiotis spoke in support of not setting a floor in the bill. Kermit Lloyd suggested that a cap, if one is used, be tied to the present amount of the Homestead Exemption for only those properties that presently qualify for this exemption. This would have a small eroding effect on the purpose of the bill because very few of the elderly or handicapped ever sell their property. There was a consensus that this is a good suggestion and one that should be pursued. Commissioner Hartwell expressed concern with not setting a floor stating that this additional cost would be a burden to many of the first time homebuyers. Commissioner Willhoit suggested putting aside a specific amount of the income from this bill into a first time buyers low interest loan pool. Chapel Hill Town Manager David Taylor reported that the City Council did on Monday evening adopt a resolution in support of the real estate transfer tax. He commented on the issue of the floor stating that the exemption that corresponds to and directly correlates with the Homestead Exemption is good but encouraged the Board to not try to solve the affordable housing problem with this bill. Any kind of floor not tied to the Homestead Exemption will cause sellers and buyers to get together and do things they would not ordinarily do. He encouraged the Board to not put a floor in the bill. With reference to the distribution method, the point of origin would be the most advantageous to Chapel Hill. It may be well to write into the bill that the money will be allocated one half on the point of origin and one half on per capita basis. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to request the necessary legislation for the Land Transfer Tax, to set the floor as the same amount of the Homestead Exemption, to remove the reference to non-profit organizations, to state that municipalities may participate by opting in, to indicate that the proceeds will be shared with the municipalities on a 50% by population and 50% by point of origin basis and to approve the resolution as stated below: ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION - r . 3 NORTH CAROLINA - ORANGE COUNTY WHEREAS Orange County and the municipalities in Orange County have experiences and expect to continue to experience rapid growth which has and will continue to have tremendous impacts on the demand for capital improvements to the public facilities of Orange County including its roads, its recreation facilities, its need for public housing, its schools, its courts, its jails, its libraries, and its other public facilities; and WHEREAS an excise transfer tax levied on the transfer of real property in Orange County which tax would be shared by the municipal- ities within Orange County would have a just and equitable relationship to the increased capital needs of the county and the municipalities within the county caused by rapid growth; and WHEREAS the attached bill to be entitled AN ACT TO AUTHORIZE ORANGE COUNTY TO LEVY AN EXCISE TAX ON INSTRUMENTS CONVEYING REAL PROPERTY IN ORANGE COUNTY will enable Orange County to levy and share with municipalities within the county taxes necessary to make the capital improvements needed and demanded by the citizens of Orange County if adopted by the North Carolina General Assembly; IT IS NOW THEREFORE RESOLVED THAT the Orange County Board of Commissioners respectfully requests its legislative delegation to introduce and support when introduced the attached bill to be effective June 30, 1987 and to apply only to Orange county. Resolved this the 15th day of April, 1987 at an "adjourned" portion of the April 6, 1987 regular meeting of the Orange County Board of Commissioners. Upon motion duly made and seconded, the foregoing Resolution was adopted by the Board of Commissioners of Orange County this the 15th day of April, 1987. Commissioner Hartwell stated he will vote against the bill because of a commitment not to vote for the bill without a floor. VOTE: AYES, 4 (Commissioners Marshall, Carey, Halkiotis and Willhoit) ; NOES, 1 (Commissioner Hartwell) . JOINT PLANNING LEGISLATION (The complete narrative is in the permanent agenda file in the Clerk's Office) . Gledhill commented that the proposed bill covers three areas. It covers the notion of allowing joint legislative authority in the Joint Planning Area. It would allow joint approval of land use plans, zoning requests, or zoning maps and also allows for joint legislative authority. The act would permit interlocal agreements to limit annexations and to create annexation boundaries. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve for submission to the local delegation the proposed legislation for the Joint Planning Area. VOTE: UNANIMOUS. SUBDIVISIONS (Continued from the April 6 Meeting) 1. WOODBROOKE SUBDIVISION - PRELIMINARY_ Planner Greg Szymik presented for consideration of approval the Preliminary Plan for Woodbrooke Subdivision. The proposed cluster subdivision is located partly in Chapel Hill Township and partly in 4 Bingham Township at the end of Meadow Lane. The property is zoned Rural Buffer and is located in the University Lake Watershed. The property contains 27.32 acres. Twelve lots with an average size of 1.5 acres is proposed for the subdivision. The Planning Board recommends approval subject to two conditions. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to approve the subdivision subject to the two conditions as recommended by the Planning Board and the one additional condition added by the Planning Director and stated below: 1. A septic line easement for lot #8 must be provided through lot 7 into the dedicated open space area as required by the Health Department. The Recreation and Parks Director has indicated no difficulty with this arrangement. 2. A homeowners association should be established to maintain the common area. An optional approach would be to donate the land to the Triangle Land Conservancy. That organization has indicated an interest in the proposal and is willing to meet with the applicant. The Planning Director recommends that lots 1, 2, 9, 10 and 11 be revised to have an area of at least 43,560 square feet in each lot. The cluster provisions permit lot size reductions of no more than one- half the required minimum lot size (two acres) . VOTE: UNANIMOUS. 2. FIVE FORKS SUBDIVISION - PRELIMINARY Szymik presented for consideration of approval the Prelimi- nary Plan for Five Forks Subdivision. The property is located in Bingham Township on Dodsons Crossroads South (SR 1102) . Seven lots are proposed out of a 43 . 1 acre tract. The property is zoned R-1 and designated Rural Residential in the Land use Plan. The Planning Board recommends approval subject to two conditions. Motion was made by Commissioner Halkiotis and seconded by Commissioner Carey to approve the Preliminary Plan for the Five Forks Subdivision subject to the following conditions: 1. Addition of vicinity map to plat; and 2 . Addition of typical flare intersection detail with state road. VOTE: UNANIMOUS. 3 . SECTION ONE MEADOWS OF ENO - PRELIMINARY PLAN Greg Szymik presented for consideration of approval the Preliminary Plan for Section One Meadows of Eno. The property is located in Eno Township on Willett Road (SR 1568) . Nine lots are proposed out of a 22. 6 acre tract. The property is zoned R-1 and designated Rural Residential in the Land Use Plan. The Planning Board recommends approval subject to one condition. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the Preliminary Plan for Section One Meadows of the Eno subject to the condition that the developer meet with the Director of the Orange County Recreation and Parks Department to discuss voluntary contribution of property fronting on the Eno River for public recreation purposes. VOTE: UNANIMOUS. 5 4. JACK GATES SUBDIVISION - PRELIMINARY PLAN Greg Szymik presented for consideration of approval the Preliminary Plan for the Jack Gates Subdivision. The property is located in Chapel Hill township on Jack Gates Lane which is north of NC 54. Three lots are proposed out of 25.16 acres. The property is zoned and designated in the Land Use Plan as Rural Buffer. The Planning Board recommends approval with one condition. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the Preliminary Plan for the Jack Gates Subdivision subject to the condition that payment-in-lieu of dedication of land for Recreation Area in the amount of $447. This is based on 4/35th x the assessed value per acre ($3,920) . VOTE: UNANIMOUS. 5. ENO RIVER ESTATES Chair Marshall referenced a letter from the County Attorney about Eno River Estates and noted she requested that the County Manager prepare a new agenda abstract which will address some of the problems identified in the letter. Ken Thompson stated that the new abstract in essence endorses the Planning Board recommendation but requires additional conditions for approval. One added condition would require that the bridge and the road be brought up to DOT maintenance standards and that after construction the maintenance be ongoing. The developer would be responsible for providing some sort of certification to the Planning Department annually as to the maintenance undertaken. Another condition requires a notation on the plat and another addresses the safety consideration. DOT has certain standards which are minimal for loadbearing structures. Thompson recommends as a condition of approval that the bridge meet those minimal requirements which may mean upgrading the bridge. He further recommended that the dam site itself be safeguarded including fencing, and more signage. An engineers report could indicate more specifically how the spillway could be made safe for public access. Ken Thompson stated that the intent in replacing the bridge was to safeguard the public by requiring that the bridge meet the flow rate and the load bearing capacity as required by the State. A wooden structure would suffice. Chair Marshall reference a letter from Gledhill dated April 2 and the statement that he has serious questions as to whether or not this subdivision plan satisfies the subdivision regulation requirements for a private road. The Board needs to perform the analysis called for in the subdivision regulations before approving the subdivision as a private road subdivision. Greg Szymik noted the two basic criteria which determines when private roads may be allowed to exist. One is the nature and location of the subdivision including the topography of the surrounding area and the second criteria consists of 5 conditions and a private road may be permitted when one or more of those conditions exist. The bridge at the present time does not meet State standards and, therefore, could not be accepted to the State Maintained Road System. Discussion ensued on the ownership of the bridge which has not been determined. 1 5. R' ♦, • r 6 Gledhill expressed that a concern he has with a subdivision this large, with the roads and bridge not built to State Standard, is keeping them maintained. Commissioner Halkiotis expressed a concern with the bridge and with construction equipment going across the bridge. The developer, George Lattimore, stated that one of the special design considerations was to limit the number of lots in the subdivision. There is a recognition that the bridge must be a safe structure. DOT has indicated that they will not evaluate that bridge. He offered to secure an evaluation from a private engineer. Chair Marshall indicated that information must be provided which indicates that the bridge is safe. It would help to have an engineer's evaluation of the bridge with a restriction that the plans have to be approved by DOT. It was the consensus that the condition of the bridge should be settled prior to the approval of this Preliminary Plan. Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to deny the application. VOTE: UNANIMOUS. EQUALIZATION AND REVIEW BOARD COMPENSATION Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to compensate the members of the Equalization and Review Board at $50. 00 per meeting. With no further business, Chair Marshall adjourned the meeting. Shirley E. Marshall, Chair Beverly A. Blythe, Clerk