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Agenda - 11-02-1987
APPROVED NOVEMBER 17 1987 1 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 2, 1987 The Orange County Board of Commissioners met in regular session on November 2, 1987 at 7:30 p.m. in the courtroom of the Old County Court- house, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners Moses Carey, Jr. , Stephen Halkiotis, John Hartwell and Don Willhoit. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: Interim County Manager Albert Kittrell, Assistant County Manager William T. Laws, Interim Assistant County Manager/personnel Director Beverly M. Whitehead, Interim Management Analyst Andi Reynolds, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Tax Assessor Kermit Lloyd and Planner Don Powell. A. BOARD AND MANAGERS COMMENTS Chair Marshall acknowledged receipt of a petition from several citizens who live in the Sedgefield-Stoneridge area asking for a reduction in the speed limit on Whitfield Road to 45 mph. This petition will be for- warded to the Department of Transportation. Commissioner Hartwell deleted the duplicate request for tax refund for George W. & Juanita Sykes as included in item Fl. Chair Marshall moved F3 from the Consent Agenda to item G2A - Adver- tisement for the Joint Public Hearing. She added to Item F2 "and authorize the Chair to sign". B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Dr. Kenneth R. Meardon requested to speak to item G1 - Joint Planning Agreement. 2 . MATTERS NOT ON THE PRINTED AGENDA Henry Morris made reference to his comments made to the Board members on August 3 about a person operating a garage in a residential zoning. He was told that the permit to operate a business had been revoked. Mr. Martin, owner and operator of this revokation and a hearing before the Board of Adjustment awasalseet for October 12. On October 7, the permit was reinstated. He has since been given different information on what is and what is not permitted to take place on this property. Chair Marshall asked that the Administration contact Mr. Morris this week in an effort to resolve this problem with a full report to the Commissioners. Ben Lloyd questioned the status of his request for expenses incurred while he was a County Commiss oner, for reimbursement Chair Marshall referred this inquiry to the Administration. C• MINUTES Motion was made by Commissioner Care Halkiotis to approve the minutes for Jul 6, 1 987 as c 7 as cod by Commissioner July 1 VOTE: UNANIMOUS. corrected. Motion was made by Commissioner Hartwell, seconded by Commissio2 ner Carey to approve the minutes for October 5, 1987 as circulated. VOTE: UNANIMOUS. PUBLIC CHARGE Chair Shirley Marshall read the Public Charge. D. RESOLUTIONS OR PROCLAMATIONS None. E. REPORT ON THE SMOKING SURVEY (A copy of this survey is in the permanent agenda file in the Clerk's Office. ) Andi Reynolds briefly outlined the procedure that was followed by the Committee in doing the survey and the involvement by County employees. She stated that the survey indicated that two thirds of those who participated in the survey are non-smokers. It was the consensus that the committee bring back to the Board a recommendation early in 1988. F. ITEMS FOR DECISION - CONSENT AGENDA Motion was made by Commissioner Hartwell, seconded by Commissioner Carey that the items on the consent agenda be approved as listed below: 1. TAX REFUNDS RE UEST Approve the following refunds: 1. George W. & Juanita Sykes, Account #5071 2. Structure Plus, Account #101820 $ 13. 90 3 . Claire P. Sanders, Account #96913 $$ 171.44 4. Rainbow Water Service, Inc. , Account #73541 84 .15 5. William D. Sawyer, Account #94731 $ 85. 0 $ 485.550 2. CHANGE ORDER - EFLAND CHEEKS SANITARY SEWER extension Tofapproventaacchange order ainnt the e amount of $10,471. 00 and I. This change order will allow the contractor to y complete etheof Phase soil test borings and casting installation under U.S. 70 along Line 1B. 3 . ADVERTISEMENT - NOVEMBER 23 1987 PUBLIC HEARING This item was removed from the Consent Agenda and placed on the agenda as item G2A. 4 JAIL REPORT Received as information. 5. BICYCLE FACILITY RECOMMENDATION To authorize the Chair of the County Commissioners to recommend to NCDOT that secondary roads improvement consistent with bikeway plans adopted by ChapeljHill and uCarrboro. areas be G. ITEMS FOR DECISION - REGULAR AGENDA 1. JOINT PLANNING AGREEMENT Chair Marshall pointed out that the process is that the Joint Planning Agreement must be approved by Carrboro and Chapel Hill. The have approved identical Joint Planning Agreements and have forwarded them to the Board of Commissioners for consideration of approval. this Agreement to become effective the Board must ad pt the identical agreement. She stated that there is always an opportunity to amend the • • agreement. 3 Planning Board Chair Barry Jacobs noted that at their special Planning Board meeting held on October 28th, the concerns raised by the residents of Fox Meadow were discussed at length. There are merits that should be addressed. However, the Board felt it was too late in the process to make adjustments and that there are other variables that the residents of Fox Meadow had not considered. The Planning Board recom- mended that the Agreement be approved and that the Planning Board Chair and the Planning Director send a letter to the residents of Fox Meadow explaining the process and offering assistance should the residents want to pursue the matter. Ken Meardon expressed frustration with the process ested getting the people who are directly involved brought intoa the suprocess earlier. He questioned how the concerns of the citizens in Fox Meadow could, if they are not good enough now to amend the process, enough to amend the process at a later date. He asked that the Agreement be ood not be approved as it now reads. Chair Marshall expressed understanding of the concerns expressed by the residents in Fox Meadow and explained that there are procedures for amending the Joint Planning Agreement. Commissioner Willhoit noted that the concerns were heard at the public hearing and that it was not too late in the process to receive that input. Everybody was receptive to finding a way to address those concerns and what was proposed by the Planning Directors was a resolution that states that Carrboro will not annex the area in less than 10 years. He emphasized the importance of moving ahead with the approval of Agreement and informed Mr. Meardon that an amendment may be pursued the accordance with the process as outlined in the Agreement. He suggested that the residents may want to present a petition for voluntary to Chapel Hill which would then go to r t renexurion hree p dictions to see if they would be willing tol modify the agreement. jris- Commissioner Halkiotis empathized with the Fox Meadow residents and stressed how important it is for those citizens in the outlying to be involved in those municipalities, in the government and on the Planning Boards. Y� g areas Motion was made by Commissioner Halkiotis, seconded by Commis- sioner Hartwell to approve the recommendation of the Planning Board to approve the Joint Planning Agreement as presented on October 14, 1987 including the technical corrections recommended by the County Attorney authorize the Chair to sign. Adjustment of the western boundary and Carrboro Transition Area 1 is not recommended since a separate public lic hearing would be required to change the boundary. P Public VOTE: UNANIMOUS. 2. OPEN SPACE PLAN - RE UEST FOR PROPOSALS Marvin Collins presented for consideration a draft request for proposals for the preparation of a comprehensive open space plan for Orange County. He outlined the re performed. He presented a tentativesttime d schedule owithf a projected be beginning date of January 5, 1988. Projected for PropoThe sPlanning tBoardcheco ended approval of the proposed Request The Planning Board Chair recommended that they Committee selection representatives of the University of North Carolina and other utility companies such as Duke Power and Piedmont Electric. The Administration recommends approval the Planning Board. Recommendations for repreentations oncothenOpenbyS ace Technical Advisory Committee will be presented at the November 17 P Commissioners meeting. , 1987 Motion was made by Commissioner Willhoit seconded by Commissioner 4 Halkiotis to approve the Administration and Planning Board recommendation. VOTE: UNANIMOUS. 2a. ADVERTISEMENT FOR THE NOVEMBER 23 1987 JOINT PUBLIC HEARING Marvin presented for consideration of approval the legal notice for the public hearing on November 23, 1987. Chair Marshall noted that one ment is that, without background informatione for nthepit items listed,Teitisis difficult to ascertain if the correct wording, has been used and if the item is ready for public hearing. She asked that background information be distributed for all items that deal with policy or a change in the Ordinance. Marvin Collins agreed to comply with this request. Motion was made by Commissioner Carey, seconded by Chair Marshall to approve the advertisement for the November 23, 1987 Joint Public Hearing as presented by the Planning Director. VOTE: UNANIMOUS. 3 . PINEY MOUNTAIN - REVISED APPROVAL OF PRELIMINARY PLAN Collins presented for consideration a revision to the plan approval of Piney Mountain, a cluster subdivision located on Mt. Sinai Road. On August 18 the Board of County Commissioners a liminary plan for Piney Mountain Cluster Subdivision subject totheleven conditions. Among the conditions were the following: (4) Provide a left turn lane off Mt. Sinai Road with the final approval of Phase One. The applicant has requested that condition #4 be deleted from the approval. The Department of Transportation changed its recommendation and has said that the left turn lane on Mt. Sinai Road is no longer needed. and recommends Administration osupports the position of the Planning Board liminary plan for Piney Mountain4ClusteroSubdivisione approval of the pre- Motion was made by Commissioner Hartwell seconded by Commissioner Carey to approve the Administration and Planning Board recommendation. VOTE: UNANIMOUS. 4. SUBDIVISION REGULATION AMENDMENT STREETS SECTION IV-B-3-c-8 MARGINAL Collins presented for consideration a Section IV-B-3-c- 8 of the Subdivision Regulations. Theenpropt to amendment would specify forms of common or restricted access to lots in new subdivisions along major roads. proposed more control over the number of access points ecreated nalong major roads, thereby reducing conflicts between through traffic and turning vehicles. The Planning Board voiced two concerns and recommended that the pro- posed amendment be referred back to the Ordinance Review Committee for further consideration. The Administration concurs with the Planning Board recommendation. Motion was made by Commissioner Hartwell seconded by Commissioner Carey to approve the Administration and Planning Board recommendation. VOTE: UNANIMOUS. 5. SUBDIVISION REGULATION AMENDMENT - SECTION IV-B-3-c-10 DRIVEWAYS Marvin Collins presented for consideration a proposed amendment to Section IV-B-3-c-10 in the Subdivision Regulations. This Section is a new paragraph which would place restrictions on the number and location 5 driveways that will be allowed in new subdivisions. tended to The amendment isin� in- tended provide more control on the number and location of driveways along major roads, thereby reducing y through traffic and turning vehicles, the number of conflicts between carrying capacity of major roads. and maintain the safety and traffic The Planning Board recommended with minor revisions to clarify the meaningvof the tamendment. The Admin- istration concurs with this recommendation. Motion was The Admin- HalkiMots Motion a made by Commissioner Carey, seconded by VOTE: UNANIMOUS. the Administration and Planning Board recommendation= TO THE STATE-MAINTAINED ROAD SYSTEM IN KERLINGTON SUBDIVISION SECTION Motion was made by N ONE Hartwell to approve y Commissioner Willhoit, seconded by Commissioner of Wilhelm Dr vee from approval mainWalhed SeDrnvery Road System. SeionOne f toe the dState VOTE: UNANIMOUS. 7. WATERSHED PROTECTION the Board ChairoMaissionerresentedea request from the Town of Carrboro watershed: ddit�onal steps for that protection of the (1) Establish a moratorium on septic systems for major subdivi- sions sions in the watershed, divi- (2) Develop a policy regardin systems in the watershed. g alternative sewage treatment The Town suggested that the Intergovernmental Work Grou an appropriate mechanism to address the issues. P may be Planning Board Chair Bar water and sewer policy, Barry Jacobs stated that in the proposed watershed for special considerationdor not single out any one requested that any policy under consideration be considered�inrtheon. work of applying it to every watershed in the County and a He policy of this nature be referred to the frame- work by the Planning Board before any y the Board of Commissioners. final Commissioner Willhoit opposed a moratorium on septic systems questioned doifatlere was a ocess in place to defer a request Y ms and peceiv subdivision with septic tanks until e study tisacom- Commissioner Carey stated that a that is not a known Commissioner Carey this moratorium assumes knowledge for the action, agreed point in time that would form the basis Planning Board beforeaa moratorium his consider should be considered by the County Attorney Geoffrey Gledhill stated that since a moratoria publiseeks to impose restrictions on development for which the no public hearing, there is a conflict c your hea local there use with the law which says has been cannot discourages imposing moratoria withoutoaspublicohearin , says you cannot Barry public hearing. He community y Jacobs stated that an attempt was made to the unityymenepticnsystesstintthe proposed water and sewer policy. One the to investigate community Commissioners direct the County Manager public hearing on the watersandesewer policy. could be Chair Marshall clarified while included in the not become part of the water and sewer olic community septic systems may completely but will be considered as a separatetitemlt will not be dropped Peed - , It was the consensus of the Board to notif 6 County Attorney advised against a moritorium and that the rissuetwil the s addressed by a study group convened by the County with technical will be from OWASA. upport 8. PROPOSAL FOR A STUDY GROUP TO CONSIDER OWASA'S ROLE IN OPERATION COMMUNITY WATER AND SEWER SYSTEMS TIN con- vene a Orange Authority proposes that Orange County con- Sewer Authority, Carrboro and Chapel HilingtoCgivey, Orange as to and operation and/or ownership of community water and sewergsyst ms. as to the Commis- sioner Hartwell was amade by Commissioner Willhoit, seconded by technical support the request from OWASA to convene a study UNANIMOUS.pport to be provided by OWASA. Y group 9. JTPA SERVICE AREA DESIGNATION Beverly Whitehead explained that the Job Training Partnership Act (JTPA) allows the Governor to redesignate service delive years. Any new designation will commence for Program Year 1988. p She explained rY areas every two xplained the criteria for redesignation of new service delivery areas and stated that the consortium with Durham has optimum for the County in and addressing been n meeting local needs sing local The Administration recommends that Chatham and/or Person Counties contacted to determine their interest in a joint JTPA Program.was made by Commissioner Carey, es Hartwell Motion grCm. authorize the Manager's Office Y� scontact by Chatham Person Counties to ascertain their interest in contact Chapati and/or a JTPA Program. joint participation of a VOTE: UNANIMOUS. H. APPOINTMENTS The following appointments were made: gOINTX_ADYIsoRy AGING - James Singleton Cavallito, Barbara Chavious and Ruth Ferguson COMMITTEE - ORANGE COUNTY p Chester J. CANNING BOARD -Abbie Dickinson I. ADJOURNMENT With no further items for the Board adjourned the meeting. The next re tO consider, Chair Marshall 17, 1987 at 7:30 p.m. in the �Jular meeting will be held on November Hill, North Carolina. courtroom of the old Post Office, Chapel Beverly A. Blythe, Clerk Shirley E. Marshall, Chair ti ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING MONDAY, NOVEMBER 2, 1987 7: 30 P.M. OLD COURTHOUSE HILLSBOROUGH, N.C. A. BOARD AND MANAGERS COMMENTS B. AUDIENCE COMMENTS 1. Matters on the Printed Agenda (We would appreciate you signing the pad ahead of time so that you are not overlooked. ) 2 . Matters not on the Printed Agenda C. MINUTES PUBLIC CHARGE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any time should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the offending person to leave the meeting until that indivi- dual regains personal control. Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. D. RESOLUTIONS OR PROCLAMATIONS PAGE # E. REPORTS 002 1. Smoking Survey Report F. ITEMS FOR DECISION--CONSENT AGENDA (Any item may be removed for separate consideration) 003 1. Tax Refunds Request 010 * 2 . Change Order--Efland/Cheeks Sanitary Sewer 018 * 3 . Advertisement--November 23, 1987 Public Hearing 024 4. Jail Report 042 5. Bicycle Facility Recommendation H. PAGE # G. ITEMS FOR DECISION--REGULAR AGENDA 047 * 1. Joint Planning Agreement 099 * 2 . Open Space Plan--Request for Proposals 119 3 . Piney Mountain--Revised Approval of Preliminary Plan 139 * 4. Subdivision Regulation Amendment--Section IV-B-3-c- 8 Marginal Access Streets 147 5. Subdivision Regulation Amendment--Section IV-B-3-c- 10 10 Driveways G. Addition of Wilhelm Drive in Kerlington Subdivision 158 Section One to the State-Maintained Road System 158 7. Watershed Protection 8. Proposal for a Study Group to Consider OWASA's Role 162 in Operation of Community Water and Sewer Systems 9. JTPA-Service Area Designation 171 H. APPOINTMENTS I. ADJOURNMENT (*) Indicates items that need immediate attention. ORANGE COUNTY 00 1 Action Agenda BOARD OF COMMISSIONERS it No. C ACTION AGENDA ITEM ABSTRACT MEETING DATE November 2, 1987 Subject: MINUTES IDepartment: BOARD OF COMMISSIONERS Public Hearing: Yes X no Attachments: Information Contact: Beverly A. Blythe Under Separate Cover Phone Numbers: 732-8181, 968-4501, 227-0231 PURPOSE: To correct and/or approve the minutes as submitted for consideration: July 6, 1987 - Regular Meeting September 22, 1987 - Regular Meeting October 5, 1987 - Regular Meeting BACKGROUND: In accordance with 153A-42 of the General Statutes, the governing Board has the legal duty to approve all minutes that are entered into the official journal of the Board' s proceedings. RECOMMENDATION: As the Board decides. ORANGE COUNTY 0 2 BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: NOVEMBER 2, 1987 SUBJECT: SMOKING SURVEY DEPARTMENT: MANAGER'S OFFICE PUBLIC HEARING; yes X No ATTACHMENT(S) : INFORMATION CONTACT: ANDI REYNOLDS X556 REPORT UNDER SEPERATE COVER TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To report the findings of a Smoking Survey of County and non- County personnel. BACKGROUND: On May 19, 1987, the Commissioners responded to a resolution banning smoking in all County facilities from the Health and Medical Care Advisory Board with a re quest a smoking among County employees. Such asurveyowasaundertaken in September. RECOMMENDATION(S) : Receive as information. -003 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F 1. ACTION AGENDA ITEM ABSTRACT Meeting Date: November 2, 1987 SUBJECT: Tax Refunds Request DEPARTMENT: PUBLIC HEARING:- Yes X No Tax Supervisor ATTACHMENT(S) : INFORMATION CONTACT: Individual Request TELEPHONE NUMBER: Hillsborough -- 732-8181 Chapel Hill -- 968-4501 Mebane - 227-2031 Durham - - 688-7331 PURPOSE: To consider 6 request for refund of tax bills: BACKGROUND: General Statutes 105-381 C67 Action of Governing Body - Upon receiving a taxpayers written statement of defense and request for release or refund, the governing body of the Taxing Unit shall within 90 days after receipt of such a request determine whether the taxpayer has a valid defense to the tax imposed or any part thereof and shall either release or refund that portion of the amount that is determined to be in excess of the current liability or notify the taxpayer in writing that no release or refund will be made. • RECOMMENDATION(S) : ti' • ACCT 5071 .....i............. - " ti • TRACTS 004 MAP George W. & Juanita Sykes BILL 35364 Rt 6, Box 754 Hillsborough, NC 27278 • • ME COMNT: Listed motor vehicle in error. Motor vehicle was leased, not owned 1-1-86. - • - ACTION REQUESTED: Refund amount of taxes paid for motor vehicle for 1986.•v Value of motor vehicle $6480 GO $40.18 - _ • SC 1.94 - FA 2.•59 $44.71 - _ _ • - RECOMMENDATION: Approve " ORDER : DATE: __ I 'vziwuc4.y L/ ACCT 5071 TRACT/ j MAP 0 0 George W. Sykes HILL 86-35364 & Juanita Rt 6, Box 754 Hillsborough, NC 27278 COMMENT: Listed a 1985 Chevrolet Cavalier on 1986-Tax Listing that they did not own 1-1-86. Vehicle was leased not owned. . - ACTION REQUESTED: Refund overpayment for 1986 tax year. Valuation: $6,480 . GO $40.18 SC 1:94 . FA - 2.59 _ $44.71 - • RECOMMENDATION: Approve . • • ORDER . DATE: • • • TWP 7 ACCT f 101820 - D 66 TRACTU MAP • Structure Plus BILL# - 8645255 P.O. Box 40 Carrboro, NC 27510 - • ] - • • - COMMENT: Overstatement made on Depreciable personal property. --- $12,883 was the value taxed. Should have been $5825 - - • • ACTION REQUESTED: Refund for 1986 Taxes Paid - . . . • :, _ GO $45.87-- Gl CH 14.04 • • $113.90 _ _ • • • • REC0MMENDATION: Approve • ORDER : DATE: P hapel it ACCT / 96913 I...J/ • • TRACT# 729926 ` • • MAP 7.1161....5 Claire P.• Sanders BILE 8710568 204 Westbrook Drive Carrboro, NC 27510 . - • _ COMMENT: A review of the property.record card with the.owner revealed _ ." - - a garage was included with the house when in fact there is no - . _ - _- • garage. :,The error was corrected for 1987 but a refund is due - - - - for 1986: • •ACTION REQUESTED: Refund tax overpayment for 7986. - Valuation $4,426, Rate Code 21 .. . _ • GO 27.44 _ • SC 1.33 CH 8.81 _ • Refund $71.44 : RECOMMENDATION: • Approve • • ORDER a DATE: - • • • • AcCr 73541 • , \1/4...\ • TRACT • 0 04 MAP Rainbow Water Service, Inc. BILLS - Rt 1, Box 380A • Durham, NC 27705 • r - • COMMENT: 1986 Ford F150 truck inadvertently listed in Motor Vehicle Section and also in Depreciable Personal Property Section. _ = • under 1985=Acquisitions on 1986 Business Personal Property . Form. - • • ACTION REQUESTED: Refund overpayment for double listing. - (Valuation $11,853) Rate Code:. -09 " 1986 GO .0065 $ 77.04 : _ .. • '- -FE .0006 7.:11 " " • Refund $84•15 - • RECOMMENDATION: Approve - A = • ORDER • • DATE: - - . TWP Chapel Hill ACCT # 94731 TRACT 720142 • :::# 7.29C.C.15 William D. Sawyer 200 Old Forrest Creek Dr. Chapel Hill, NC 27514 • _ X09 COMMENT: After the property owner questioned the. Appraisal of his in the square footage ' - -•house: a discrepancy was discovered when the.house was remeasured b the a . ..�' The discrepancy Y AAraisal staff, - . __ - _ _ • pa??cy was corrected.far 1987. but .a refund is due • for 1986. - :-. z • ACTION 'REQUESTED: Refund overpyament for 1886 taxes. Valuation: $31,343 -Re . te Code: 22 GO .0065 - -$203.73. - - :- G2 .0070 219:40 = • - CH .00199 • . $485.50 ` . RECOMMENDATION: Approve . ORDER DATE: . • • • • 01 ORANGE COUNTY BOARD OF COMMISSIONERS Action A enda ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: NOVEMBER 2, 1987 r SUBJECT: CHANGE ORDER EFLAND/CHEEKS SANITARY SEWER DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes x No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S yes OFFICE,X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: This change order is for the remaining bore under highway 70 W. to complete installation of "line 1B". The boring under US 70 (1B) has been made to within 35 ' of completion before encountering rock. The test bores which were made available to the bidders did not indicate rock although new test bores by S & ME engineers are on either side of the sewer center line revealed rock of sufficient hardness to stop the boring procedure originally employed. BACKGROUND: In order to complete this leg of the sewer, a new bore must be accomplished by starting a new bore with a 36" casing so rock and dirt may be jacked and hand mined to a point of connection with the eighteen inch casing already installed. As you will note, there is a fixed price for dirt and still another price for rock. The total cost not to exceed is $10,471. 00 and we expect the cost to be something less than this, since the dirt and rock will be removed on a per unit cost and the enginer will be allowed to make that determination. There is an extension time of twenty calendar days added to the end of Phase II. RECOMMENDATION(S) : Approve change order in the amount of $10,471. 00 and extend contract date by 20 calendar days at the end of Phase II. HAZEN AND SAWYER P•C• CONSULTING ENGINEERS October 27, 1987 Mr. William T. Laws Assistant County Manager Orange County, North Carolina 106 East Margaret Lane Hillsborough, NC 27278 Re: Change Order No. 1 Efland—Cheeks Township Sanitary Sewer Facilities H&S Job No. 3600 Dear Mr. Laws: Attached please find six (6) copies of Change Order No. 1 . As you will recall , at our expense, we had S&ME make additional soil test borings at the location of the bored casing under US 70 along line 1B, where rock was encountered during the installation. After reviewing the additional subsurface data from S&ME (see attached) , it is our recommendation that the County approve Change Order No. 1 , adjusting the cost for the Contractor to complete the aforementioned installation. The Change Order has been executed by Hazen and Sawyer and Lanzo Construction Company. The Contractor has also agreed that it will be at the discretion of the Engineer and not the sub—contractor as to when the changeover from soil boring to hand rock excavation will be initiated, as stipulated in Attachment A. The maximum cost of $12,550 found in Attachment A is reduced by $2,079.00 for the unit price deduction of the 18—inch casing pipe not installed due to the rock. This leaves a balance of $10,471 .00 as indicated in Change Order No. 1 . We feel the probable cost of the additional work will be less than the $10,471 .00 unless additional unforeseen rock is encountered with the new procedure, but in no event will the cost exceed $10,471 .00. Actual costs will be based on the final adjusted quantity of work performed. Please advise if you have any questions. Very truly yours, HA� ' D SAWYE , P F. arter, P.E. Pr, e Engineer KFC/er Enclosure 4300 GLENWOOD AVENUE - P-0.BOX 30428 • RALEIGH,NORTH CAROLINA 27622 • (919)782-8333 RALEIGH,NC - CHARLOTTE,NC HOLLYWOOD,FL - NEW YORK,NY 1 UNITED STATES DEPARTMENT OF AGRICULTURE FORM APPROVED OMB ha.0575-0042 Form FmHA 424-7 FARMERS HOME ADMINISTRATION OROER NO. (Rev,6-11.80) • 1 012 CONTRACT CHANGE ORDER DATE October 2J. 1987 STATE North Carolina CONTRACT FOR COUNTY Efland-Cheeks Township, Sanitary Sewer Facility Orange OWNER County of Orange, North Carolina To Lanzo Construction Compa' (c on troc sop) You are hereby requested to comply with-the following changes from the contract plans and specifications: . Description of Changes DECREASE INCREASE (Supplemental Plans and Specifications Attached) in Contract Price in Contract Price See detailed description of Change Order items S 3 10,471.00 included as Attachment A. (not to exceed) • • • TOTALS S ..__. 110,471.00_______ _ • NET CHANGE IN CONTRACT PRICE S ____ S10,471.00* JUSTIFICATION:• Adjust costs for Contractor to complete the bored casing installation under U.S. 70 - along Line 1B, after encountering rock during initial boring operation. • • • - The amount of the Contract will be(ro itic (Incseas.-md)By The Sum Of: not to pxrppri Ten Thousand Four Hundred Seventy One Dollars($ * ). - ,*Unit prices subject to final quantity adjustment. The Contract Total Including this and previous Change Orders Will Be: - -One Million Two Hundred Sixty Eight Thousand Five Hundred Sixteen •Dollars(s 1268,516.00 ). 20 consecutive a}ddCTY t p eas PtidwK ompY to Will Be(Increased)( )(Unchanged): calendar Days This document will become a supplement to the contract and al! provisions will apply hereto. Requested ''r (D•re • Recommended _ _ .�1 _ /0/�f8 wnsr•• t'Jchir.cr/Enaln..r) D•I.) Accepted � '1�[•�, /p rZ 3 �57 (Contractor) (Dar.) Approved By FmHA (Name and Title) (Dere) This Information will be used as record of any Number walls required:4 No further monies or oth.r benefits may De osld out under this Changes to the original construction contract. Drograrn unless this moon U completed and flied as required by Time to complete: 30 min. existing law and regulations(7 C.F.R.Part 3924). • oU.S.GP0:1981-0-584{pg/1670 FmHA 424-7(Rev.6-11-80) Position 6 SGC-15 ATTACHMENT A 013 LANZOU.S.70 At Rock Creek Dairy Rd. P.O.Box 22024 CONSTRUCTION Greensboro,NC 27420 COMPANY 919-271-3267 or (919)449-7555 October 13, 1987 Hazen & Sawyer, P. C. P. Q. Box 30428 Raleigh, N. C. 27622 Attn: Kevin Carter Re : Efland Cheeks Township Sanitary Sewer Facilities Orange County, N.C. Dear Kevin, In reference tc the line 1B bore across Highway 70 , the following is our proposal to complete the bore, based on the new soil borings provided by S&ME, Inc. per their letter to you dated October 2 , 1987 . Our maximum "not to exceed" lump sum price is $12 , 550 to complete the final (35) L.F. of bore . Further, we offer to complete this bore at the following unit prices which in all probability will be less than the above noted price but certainly not exceed $12 , 550. 00 . 1 . Remobilize and excavate bore pit for subcontractor= $1 , 000 . 00 2 . Bore 36" casing pipe in "Good" earth @ $176 . 00/L. F. 3. Jack and hand mine 36" casing pipe in rock @ $330 . 00/L.F. 4 . Changeover charge from boring in "good" earth to hand mining rock @ $550 . 00. Itr_eeds to be understood that the subcontractor will begin his operation by boring until the weathered rock is encountered. At that point and at his discretion he will change over once and complete the bore by hand mining the rock until he ties into the existing 18" casing pipe . We trust you will find the proposal acceptable and look forward to your early response since time is of the essence on this project. We further request an appropriate time extension to our contract for the delay in completing this bore. Should you have any questions , or require any additional information, please feel free to call . -m y truly yo - 662 Angelo andes , P.E. CC: File OCT 13 1S3-7 28135 Groesbeck Hwy 1900 NW 44th St. Roseville,MI 48066 (313)775-7566 Pompano Beach.FL.33064 13051 979-0802 (. f , :::n ;' ` 014 (A partnership in North Carolina) Formerly,Soil &Material Engineers.Inc. October 2, 1987 Hazen & Sawyer 4300 Glenwood Avenue Raleigh, NC 27612 Attention: Mr. Kevin Carter, P.E. Reference: Additional Test Borings Eft/and Cheeks Sanitary Sewer nine Orange County, North Carolina S&ME Job No. 1051-87-0458 Gentlemen: S&ME has ccupleted additional test borings at the bore and jack crossing of the Forrest Road Collector (sewer line 1-B) beneath U.S. 70. Mao soil test borings were drilled to depths of approximately 18 feet below the shoulder of the road, approximately 3 feet from the pavement, with a CAE 55 truck mounted drill rig. The borings were drilled on g the north side of the highway, approximately 5 feet fran our original test evaluate roc-like Loring B-1B4, to conditions repotted during installation of the bore and jack. We understand the bore and jack operation proceeded from the south end of the crossing, and rock-like materials were two-thirds to three- encountered approximately of the way across the pavement. Records of recent borings, B-2 and B-2, are attached to this report to verify that partially weathered rock materials do pardon of the bore and jack crossing at depths on the underlay a beneath the order of 11 to 12 feet slx alder of the road. Neither of our previols borings, B-184 or B-135, indicated the presence of partially weathered rock, materials defined as exhibiting standard penetration resistance values in excess of 100 blows per foot, at the test boring locations. However, subsurface conditions can vary within relatively short lateral distances due to lithologi.cal S&ME,Inc. 3109 Spring Forest Rd., P.O.box 58069 Raleigh, NC 27658-8069(919)872-2660 variations within the felsic metavolcanic rock formation underlying the site. The fact that the bore and jack could be advanced a significant distance before refusing reflects that conditions along the majority of the bore and jack are similar to those encazatered by the original borings: however, these latest borings indicate that the contractor has encountered partially weathered rock and that alternative construction procedures will be necessary to complete the bore and jack. We-appreciate the opportunity to comment on this matter. If we may be of further service, please contact us at your convenience. Very truly yours, SSZE /47,71/ G David Garrett, P.G. N.C. Registration No. 983 Edward B. Hearn, P.E. N.C. Registration No. 9520 GDG/EBH/tls cot:- ► r TEST BORING RECORD 016 DEPTH DESCRIPTION ELEVATION PENETRATION BLOWS PER (FT. ) (FT. ) (BLOWS/FT. ) SIX IN. 0.0 0 10 20 40 60 100 Red Silty CLAY (Embankment Fill - No Sample Taken) 8.5 11.5 - _ Partially Weathered Rock with Very 25-50/4.0` Hard Lenses 38-50/4.0" 18.0 x43-50/6.0" Boring Terminated at 18.0' REFER TO ATTACHED SHEET FOR EXPLANATIONS AND SYMBOLS JOB NUMBER 051-86-045B BORING NUMBER &-2 DATE 09-28-87 i S&ME PAGE 1 OF 1 TEST BORING RECORD 017 DEPTH DESCRIPTION ELEVATION PENETRATION BLOWS PER (FT. ) (FT. ) (BLOWS/FT. ) SIX IN. 0.0 0 10 20 40 60. 100 Red Silty CLAY (Embankment Pill - No Sample Taken) 11.0 • Gray Partially Weathered Rock with .50/5.0" Very Hard Lenses 41 50/2.0" 17.3 •50/1.0" Boring Terminated at 17.25' REFER TO ATTACHED SHEET FOR EXPLANATIONS AND SYMBOLS JOB NUMBER 051-86-045B BORING NUMBER B-1 DATE 09-28-87 S&ME PAGE 1 OF 1 O R A N G E C O U N T Y 1)18 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date November 2, 1987 , Action A ennda Item # SUBJECT: ADVERTISEMENT - NOVEMBER 23, 1987 PUBLIC HEARING DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT(S ) : INFORMATION CONTACT: Marvin Collins Legal Notice TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : Consideration of the legal notice for the public hearing on November 23, 1987 . BACKGROUND: The regularly scheduled quarterly public hearing will be held on November 23, 1987 . The Board of Commissioners reviews notices for public hearing for form and content prior to advertisement. Approval of the notice will permit advertisement on November 11 and 18, 1987 as required by N.C. General Statutes. Brief presentation will be made by the Planning staff. RECOMMENDATION : The Administration recommends approval of the Notice of Public Hearing for November 23, 1987 . ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD 019 HILLSBOROUGH, NORTH CAROLINA 27278 .Ogi) NOTICE OF PUBLIC HEARING ON A PROPOSED A PROPOSED MASTER PARKS AND RECREATION PLAN, A PROPOSED ENVIRONMENTAL IMPACT ORDINANCE, AND PROPOSED REVISIONS TO THE LAND USE PLAN, ZONING ATLAS , ZONING ORDINANCE, AND SUBDIVISION REGULATIONS FOR ORANGE COUNTY, NORTH CAROLINA Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Section 323 and 343 , Article 20 Sections 20.5 and 20 .6 of the Orange County Zoning Ordinance, and Section VIII of the Orange County Subdivision Regula- tions, notice is hereby given that a public hearing will be held in the Superior Courtroom of the Orange County Court- house (New ) , 106 East Margaret Lane, Hillsborough , North Carolina, on Monday, November 23 , 1987 , at 7 : 30 p. m. for the purpose of giving all interested citizens an opportunity to speak for or against a proposed Water and Sewer Policy and a proposed Master Parks and Recreation Plan for Orange County . Citizens will also be given the opportunity to speak for or against proposed amendments to the Land Use Plan , Zoning Atlas, Zoning Ordinance, and Subdivision Regulatb.ons of Orange County. DNGE COUNTY WATER AND SEWER POLICY opos- - Water and S. - - . • ' .e ifie he basis under • '.: - Co ty wi •ar =i . .ate ancia in suppor - r ors - lin. ext $ ions = I as pOlici : • e ng t aPPr' - •f eve • ent is in water , I w- . heds, ut .e o ' ' n - • • urban transi - h rely - I 'round absorp s ; - - or package treatment plan for sewage dispo , . MAUI COUNTy MASTER RECREATION &j PARKS PLAN The purpose of the Master Recreation and Park Plan is to assess the current and future recreation and park needs of Orange County citizens . The plan is organized into five PUBLIC HEARING NOTICE PAGE 2 major components, including the following : 020 ( 1 ) Goals and Objectives ( 2) Current and Projected Factors Pertinent to Orange County (3) Analysis of Current Recreation Programs and Park Facilities, Development of Recreation Standards, and Community Needs Assessment (4 ) Plan Proposals and Recommendations ( 5 ) Action Plan Implementation Of particular Importance are components 4 and 5 . Component 4 proposes a system of district and community parks and green- ways for the County, along with a proposed time schedule for implementation . Component 5 itemizes the facilities and costs associated with developing each proposed park or greenway. DRAM COUNTY ENVIRONMENTAL IMPACT ORDINANCE The proposed ordinance identifies those circumstances when any special -purpose unit of government or private developer of a major development project will be required to file a statement which identifies the affect of the project on the quality of the environment. The ordinance also specifies the procedures for preparation and submission of an environmental impact statement as well as the content of the document. ORANGE COUNTY LEND USE PLAN Amend the ORANGE COUNTY LAND USE PLAN , SECTION 3.6 - CEDAR GROVE TOWNSHIP, to address changing land use and population patterns in the township. An element of concern to be addressed is water quality concerns related to the Little River, Back Creek, and Upper Eno water supply water- sheds. The plan amendment is also in response to a five ( 5 ) year update schedule specified at the time of plan adoption in 1981 . MANGE COUNTY ZONING ATLAS The proposed amendments to the Zoning Atlas under considera- tion are as follows : 1 . PD-2-87 Chandler Concrete Company A Planned Development- Industrial (PD- I -3) district has been proposed on property located on the south side of Old NC 10 (SR 1710) approximately one-half mile from the intersection with new NC 86 . The property that would be rezoned is 2 .0 acres of Lot 32 on Hillsborough Township Tax Map 45 . The property in question is proposed for use as the site for a water reclamation £ 21 - PUBLIC HEARING NOTICE PAGE 3 system adjacent to an existing concrete plant. The proposed PD- I -3 district would be developed in accordance with the 1 -3 Heavy Industry zoning district, the requirements of the PD- I district, and the "Class A" Special Use Permit that would be required for the project. 2. PD-4-87 McClennan ' s Farm A Planned Development-Residential (PD-H-RB) district has been proposed on property located on the east side of Bowden Road (SR 1946 ) approximately one- half mile south of the intersection with Old Greensboro Highway ( SR 1005 ) . The property that would be rezoned is 37 acres of Lot 24 on Chapel Hill Township Tax Map 115 . The proposed development will consist of 14 residential building lots served by a community nitrification field . The proposed PD-H-RB will be developed in accordance with the RB Rural Buffer zoning district, PWII Protected Watershed zoning district, the requirements of the PD-H district, and the "Class A" Special Use Permit that would be required for the project. ORANGE COUNTY ZONING ORDINANCE The proposed amendments to the Zoning Ordinance under con- sideration are as follows : 1 . Amend Article 6 . 16 .6 REGULATIONS CONCERNING HOME OCCUPATIONS AS AN ACCESSORY USE to provide additional restrictions on home occupations permitted on smaller residential lots . A new paragraph will outline permit procedures for Issuance of home occupation permits. 2. Create a new Article 13 TRAFFIC IMPACT STUDY that will require preparation of a traffic impact study for zoning changes, special use permits, and site plans that will result in development that will produce 800 or more trips per day.. 3. Create a new Article 6 . 17 TRAFFIC IMPACT STUDY REQUIRED that will require preparation of a traffic impact study as outlined in Article 13 of the Zoning Ordinance before issuance of a zoning compliance permit. 4 . Renumber Article 8.8 a ) 10) to Article 8.8 b ) , Article 8 .8 a ) 11 ) to Article 8 .8 c ) , Article 8 .8 a ) 12) to Article 8.8 d ) . No text change is proposed. These amendments are organizational changes needed to accommodate the following proposed amendment. 5. Create a new Article 8.8 e ) requiring preparation of a traffic impact study as required by Article 13 of the • 022 PUBLIC HEARING NOTICE PAGE 4 Zoning Ordinance as part of an application for a special use permit. 6 . Renumber Article 20 .3 .2 f ) to Article 20 .3 .2 g ) . No text change is proposed . This amendment is an organizational change needed to accommodate the following proposed amendment. 7 . Create a new Article 20 .3 .2 g ) requiring preparation of a traffic impact study as required by Article 13 of the Zoning Ordinance as part of an application for an amendment to the Zoning Atlas. 8 . Amend Article 22 DEFINITIONS to include definitions for terms used in the proposed new Article 13 TRAFFIC IMPACT STUDY. 2RANSE COUNTY SUEDIy) SION REGULATIONS The proposed amendments to the Subdivision Regulations under consideration are as follows : 1 . Renumber Section IV-B-3-d to Section IV-B-3-d-1 . This section identifies criteria under which private roads may be permitted in subdivisions . No change in text is proposed . The amendment is an organizational change needed to accommodate the proposed amendment in #3 below . 2. Renumber Section IV-B-3-e to Section 1V-B-c-d-2. This section requires private roads to meet Orange County standards . No change in text is proposed . The amendment is an organizational change needed to accommodate the proposed amendment in #3 below. 3 . Create a new Section IV-B-3-e TRAFFIC IMPACT STUDY. This section would require preparation of a Traffic Impact Study for subdivisions containing 80 or more lots . 4 . Amend Section II DEFINITIONS to include definitions for terms used in the - proposed new Section IV-B-3-8-e TRAFFIC IMPACT STUDY. All interested citizens are invited to attend this hearing and be heard . Public comment must be received during the public hearing. Those wishing to oppose the proposals must provide competent material and substantial evidence as to the specific manner in which they are opposed to the amendments . Following the close of the public hearing, only evidence presented at public hearing will be examined by the Planning Board and Board of County Commissioners for decision . Changes may be made in the advertised proposals which reflect (123 PUBLIC HEARING NOTICE PAGE 5 debate, objections and discussion at the hearing . Questions regarding the proposal should be directed to the Orange County Planning Department. The Planning Department is located in the Orange County Agricultural /Environmental Center, 306F Revere Road, Hillsborough , N. C. Office hours are from 8 : 00 a.m. to 5 : 00 p .m. , Monday through Friday. Marvin Collins, Planning Director PUBLISH : November 11 , 1987 November 18, 1987 Q24 ORANGE COUNTY BOARD OF COMMISSIONERS Action A da ACTION AGENDA ITEM ABSTRACT Item No. (� Meeting Date: NOVEMBER 2, 1987 l SUBJECT: JAIL REPORT DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S N.C. DEPT. OF HUMAN RESOURCES OFFICE,X501 JAIL AND DETENTION BRANCH SEMIANNUAL INSPECTION REPORT JAIL FACILITY--CORRECTIVE ACTION PLAN RELATED CORRESPONDENCE TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To receive the Jail Inspection Report and the Corrective Action Plan. BACKGROUND: On September 10, 1987 a Jail Consultant from the N.C. Depart- ment of Human Resources inspected the Orange County Jail. A copy of the inspection report is attached. The report cites four non-compliance findings. All findings have been addressed as reflected in the attached correspondence. RECOMMENDATION(S) : Receive as information. 025 .,� RE'C'D S EP 2 3 1987 North Carolina Department of Human Resources Division of Facility Services 701 Barbour Drive • Raleigh, N. C. 27603-2008 James G. Martin, Governor I. Q. Wilkerson,Jr., Director rthilliii(PgiFX FBIA-4FX Telephone (919)733-4560 David Flaherty, Secretary September 21, 1987 Mr. Lindy Pendergrass, Sheriff Orange County Sheriff ' s Department 125 Court Street Hillsborough, North Carolina 27278 Dear Sheriff Pendergrass: On September 10, 1987, I, Donnie D. Byrd, Area Jail Consultant from the North Carolina Department of Human Resources, inspected the Orange County Jail. A copy of the inspection is enclosed for your review. After reviewing all information regarding the Orange County Jail, it is quite obvious that corrective action must be initiated immediately. Accordingly, we need from you a proposed plan of corrective action for alleviating the overcrowded conditions which exist in the Orange County Jail. Your plan of action should address all deficiencies noted in the attached inspection report. Also in this response, indicate the time frames which are proposed for completing the various phases of the plan. Please furnish the Jail and Detention Branch the cited corrective action plan by October 21 , 1987. An immediate response as to the acceptability of the plan will be provided to you. If we can be of assistance to you in this matter, please contact us at (919) 733-4560. Sincerely, 026 Donnie D. Byrd Area Consultant DDB:vbw Enclosure cc : Mr. Thomas A. Ritter, Head, Jail and Detention Branch Ms. Shirley Marshall, Chairperson, Orange County Board of Commissioners r. 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E-• 4J1:10 )44-1z ccd r Z Z o N. co co c0 ....0 O V e)7 r- r i� in — r co ,: .i.+ 0 r1 ' eG � ai U C1 H cz. ro h co - al 1 41 C.T. a / Ca L.1 w i 2 F+ s C 2 hi 12 pa z F. co a► y ... .1-I ,-1 }, (I M in ,1. W rl w co FO d 41 p R w 0 0 aP. Fs h a la H co A W F4 I Z Hr. U W IC C b u al a) u d. H .0 CO o N ai al ,a .. U F. F+-. Y d h U 0 14 go 0 W L V 0 co LO .-.1 O (e • a m ..S Co _O oho • 0 -0 m. y a m i A4a co Zp w""g m r -" q m F al - w 44 0 F, ):szi a 441 Z H Q A 2 21 LINDY PENDERGRASS 040 Sheriff of Orange County Hillsborough, North Carolina, 2 72 78 Office Phone: Hillsborough 732-2431 ( pel Hill 942-6300 Residence Phone: 929-5535 To: Donnie Byrd Prom: Sgt. Joe H. P.ckey Re: Reply To -Tait Inspect on Date: September 30, 1987 /h411.4 71;$ 6147-e In nepty to you' request bon lnbonmat:ion regarding areas o6 concern in your semi, annuaQ. ,inspection ob the 04.an a County my Jai. . (aciti•ty. We are planning a two 4tep project to be completed with eighteen monthb. The (.utst stage w.az ut tize monies budgeted by the County the probation abb.icea located in the (nont °b the fait to renovate o((�.ces wilt be abed to house weekende�ts and m-i.non�m.Lsdemeanan . AtAo incs ded in this b.L t 4tage is plans bon the cu biAs.t stage .c o expected to be com feted painting t�th °( the ceP.e stacks. the painting being completed orr .on about Ja darning the b i'deae yea? with nuary, The second 4tage wilt uti ize monies 'eceived thnau h a ed 4.nexeaoe bed space in an expansion anew on the second (loon o�h �o bacc.e i ty. We have met with an architect and expect to get Atatted on this project by Januanty of 1988. We are in the process of developing a (,ive yeah capita.. ,improvement plan bon the fait (acuity. This plan wL add tes4 the tong range needs (on the jaU (acuity, including, but not ti.mi.ted to, the pnobtem of adequate bed space. 4 JHD/r6 • • P41 LINDY PENDERGRASS Sheriff of Orange County Hillsborough, North Carolina, 27278 Office Phone: Hillsborough 732-2431 Chapel Hill 942-6300 Residence Phone: 929.5535 Octobe4 8, 1987 • Thoma4 A. Rte.' , Head, Jai„„t 8 Vetention VvALon North Cautima DepaAlment oi Human Re4ou4cea 701 Ba4bou4 Pnive • Rateigh, North Ca/Latina 27603-2008 Vean Mn. Rittet: • I have 4ece2ved you tette4 with 4e6e4ence to Numbe4: 44, individuat nazon4. • On Septembe4 28, 1987, we began i44uing individuat nazon4 .to inmate4 at the Orange County Jail. We appdnentty did not put thA4 in our Letter to you and I apoZogize 104 th.i4. Th4 connective action by J.4.4 4houtd place ow.. Sae.i.e.i.ty in tine with ate oi the 4eque4ted co44detive acUon4. Sincenety, -0„ Lindy Pendeng4a44 . Shvci.M Otc Orange County LP:x I cc.; Sh44tey Maxashatt Atbent Kitt/ma, Vonnte Byrd f • 4 • • •-•4 • •I , * O R A N G E C O U N T Y 042 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date November 2, 1987 Action Alija Item 0 SUBJECT: BICYCLE FACILITY RECOMMENDATION DEPARTMENT: PLANNING PUBLIC HEARING. ' Yes X No ATTACHMENT(S ) : INFORMATION CONTACT: Greg Szymik NCDOT 1987-1988 Secondary Roads Improvements Program Draft 10-19-87 Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : Consideration of a Planning Board request that the Board of Commissioners recommend to NCDOT that Secondary Roads Improvement projects be consistent with Bikeway Plans in urbanized areas in Orange County. BACKGROUND: The Secondary Roads Improvement Program for 1987-1988 includes a project to widen Homestead Road (SR 1777 ) . This prompted a question from the Orange County Planning Board about whether bike lanes were to be included in the widening and if not, whether they could be included in the project. While bike lanes are not proposed as part of the Homestead Road widening project, the question raises a valid concern about coordinating different types of transportation planning activities when transportation projects such as the widening of Homestead Road are developed . The Planning Board discussed this matter at its October 19, 1987 meeting . At that meeting, the Planning Board approved a motion recommending to the Board of Commissioners that NCDOT Secondary Road Improvements projects in urbanized areas be consistent with bikeway plans adopted by Chapel Hill and Carrboro. It is recommended that the Chair of the Board of Commissioners be authorized to make this recommendation to NCDOT. RECOMMENDATION : The Administration supports the Planning Board position and recommends that the Chair be authorized to recommend to NCDOT that Secondary Road Improvements projects in urbanized areas be consistent with bikeway plans adopted by the Towns of Chapel Hill and Carrboro. ORANGE COUNTY = - 04 PROPOSED 1987-1988 SECONDARY • ROAD IMPROVEMENT PROGRAM - - - 1987-1988 Secondary Allocation (Anticipated) $633,778.00 :dap Priority SR Estimated ..--.- No. _. No. No. ....Name and Description Length Cost - - - _ :.._ Paved Secondary Road Improvement 1919 Widen SR 1919 (Smith Level Road) and 0. 10 $ 35,000.00 1994 SR 1994 (Grey Culbreth School Road) to Provide Turn Lanes for Signal - - - - 2 1734 Widen Existing Pavement and Construct a = 10,000.00 -- 1731 - Raised Island at Intersection of SR 1734 (Erwin Road.) and SR 1731 (Whitfield Road) - . Location Ras a History of Running the Stop Sign Type Accidents 3 1777 Homestead Road - Widen Two (2) Feet and . 2. 1 110,000.00 ee n wltwq - Resurface from SR 1009 (Old 86) to SR zuovt.r. >x 1729 (Rogers Road) cmoutcti Unpaved Secondary Road Improvement • -- - 4 1725 Mill House Road - Widen Curves for Sight 0.6 10,000.00 Distance from NC 86 to a Point. 0.6 Mile West - (Entrance to Waldorf Emerson School) 5 -- 1008 Improve Alignment. of SR 2001 (Mangum Court) 0.05 6,000.00 2001 With Its Intersection With SR 1008 (Farrington Road) .1 - KIM LO RD. to,000,W Spot Stabilization of Unvaved Roads SR 1114, SR 1124, SR 1136, SR II37, SR 1162, - ... _ S0,000.00 SR 1176, SR 1206, SR I313, SR 1314, SR 1340, SR 1341, SR 1366, SR 1383, SR 1395, SR 1396, - SR 1397, •SR 1544, SR 1561, SR 1614, SR 3615,. •- SR 1616, SR 1725, SR 1726, SR 1727, SR 1730, _ .. SR 1798, SR 1823, SR 1824, SR 1955, SR 2001. - Minor Safety Improvements - - 6 - 1731 Installation of Flasher on the Intersection 500.00 Ahead Sign at the Intersection of SR 1731 - - (Whitfield Road) and Ironwood Place (Non-System) Due to Sight Distance Restriction = • .11h. �: ORANGE COIINTY - ... -- - _ - - PROPOSED 198 - __ -_ :. _ -: -- _--- -_ _-___ 7 1988 SECONDARY :_._ �:_„ _..,, - ROAD IMPROVEMENT .PROGRAM - - - - - - - - Map:_-,. riority .=,-SR -- - - _ :: No.._•- No. - -.. No :'--, Name and Description _ = _ .: _ - • � - �Leagth -��� Cost . -� -- Pavia Unpaved Roads _ - = _ . � - - _:_._. I 130``- Ode Turner Road - Prom SR 1006vto SR `�1 I29 �.-1.60 _...:$ 10,000.00 :- de, Drain, Base, and Pave Gra , -- (Complete Funding) `; - 8 - 4 -_ 1335 Kenion Road From NC 86 to SR I332 1.80 227,700.00 -. Grade, Drain, Base, and Pave - 9 6 1137 Bushy Cook Road - From SR 1144 to SR 1114 -_ : 2.30 5& 000.00 -_ . :_ Grade, Drain, Base, and Pave _ (Partial. Funding) - 10 - 1794 Timberly Drive - From SR. 1734 to End of 0.60 ==.._31,910.00 Maintenance -.. - . - (P. 0. P. Paving) "� _ .. 11 1881 Moriah Rill Road - From SR 1794 to End of - 0.20 10,400.00 ' Maintenance ( '. 0. P. Paving) Contingency to be Used for Minor Safety Improvements 44,268.00 Overruns, Additions to System., Paving Rural Rite Department Drive, and Property Owner Participation. Note: If right of way is not available on the above - unpaved roads, the funds will be programmed oa other roads in the order of priority or - applied on property owner participation paving. • 1 4 045 MG3 /11F7' 11 sinless a safety hazard is created . Pont 13, amend to read : When a single common drive is required for adjoining lots, it will be located on the property line common to the two lots. MOTION: Best moved approval as amended. Seconded by Margison. VOTE : Unanimous. AGENDA ITEM #10 : PLANNING BOARD ITEMS a . RFP - Open Space Plan b. Courtesy Review - Oakdale Woods Condominimums (Town of Hillsborough ) c. Homestead Road Widening - Bike Lanes Presentation by Greg Szymik . At its August 17, 1987 meeting, the Planning Board recommended to the Board of Commissioners that NCDOT incorporate a bicycle lane Into the proposed widening of Homestead Road. In the minutes of that meeting, Homestead Road was referenced as being widened by five (5) feet, an action inconsistent with the 1987-1988 Secondary Roads Improvement Program. In that program, the project is described as a two (2) foot widening. NCDOT has verified the total widening to be two (2) feet, not two (2) per lane. - Homestead Road is presently 18 feet wide. The proposed widening would provide 20 feet of pavement for 2-10 foot lanes. The recommended or " ideal " lane width is 12 feet. Homestead Road, even after widening, will not have sufficient width to incorporate a bike lane as previously recommended by the Planning Board. Planning Staff recommends that the Planning Board recommend to the Board of Commissioners that NCDOT Secondary Road Improvement projects in urbanized areas be designed to include provisions for bicycle use; i .e. , that bicycle lanes of at least 3.5 feet in width be installed as part of any widening project. r e71 ii - + I �r . • ~ F MG3M 1b46 Jacobs asked that the Planning Staff secure information about the County 's ability to tax bikes 10-speed and up in order to generate funds for bike lanes. MOTION: Best moved that it be recommended to the Board of Commissioners that NCDOT Secondary Road Improvement projects in urbanized areas be designed to be consistent with bikeway plans adopted by Chapel Hill and Carrboro. Seconded by Taylor. VOTE : Unanimous . Jacobs asked that information regarding enabling legislation be secured for the November 16 regular Planning Board Meeting. - -71 ' 4 ORANGE COUNTY 04 ? BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date November 2, 19B7 Actioldauda Item SUBJECT: JOINT PLANNING AGREEMENT DEPARTMENT: PLANNING PUBLIC HEARING Yes X No —_ ATTACHMENT(S ) : INFORMATION CONTACT: Marvin Collins Summary - Proposed Joint Planning Agreement 10/16/87 Letter - County Attorney Proposed Joint Planning Agreement Draft 10/ 14/87 Public Hearing Minutes 10/19/87 Memorandum - Roy Williford 10/20/87 Resolution - Town of Carrboro 10/26/87 Memorandum - David Taylor 10/21/87 Article - Durham Morning Herald Draft 10/28/87 Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : Consideration of a proposed three-party Joint Planning Agreement involving Orange County and the Towns of Chapel Hill and Carrboro. BACKGROUND : On October 14, 1987, a public hearing was held to receive citizen comment on a proposed three-party Joint Planning Agreement involving Orange County and the Towns of Chapel Hill and Carrboro. Comments received at the public hearing focused on two areas of concern : 1 . The residents of Fox Meadow Subdivision requested that the subdivision be left In the Rural Buffer area or placed in the Chapel Hill Transition Area but not approved as part of the Carrboro Transition Area II . 2. A resident of Calvander requested that the western boundary of the Carrboro Transition Area I be shifted in an easterly direction to follow the right-of-way lines of Dairyland and Hillsborough Roads. Subsequent to the public hearing, the Planning Directors of Chapel Hill , Carrboro, and Orange County met with a representative of Fox Meadow Subdivision to review the residents proposal . The Planning Directors proposed leaving the dividing line between the Chapel Hill and Carrboro Transition Areas as proposed . The Carrboro Planning Director c indicated that a proposal would be presented to the Board of Aldermen that a resolution be adopted, indicating that Fox Meadow Subdivision would not be annexed involuntarily for a 0 4 8 period of at least ten years . V On October 20, 1987, the Carrboro Board of Aldermen adopted the proposed Joint Planning Agreement and a Resolution of Intent to Delay Consideration of Annexing Fox Meadow Subdivision . The Chapel Hill Town Council considered adoption of the Joint Planning Agreement at its October 26, 1987 meeting. The Town Manager recommended approval of a resolution adopting the Agreement which the Town Council subsequently adopted . The County Attorney has recommended several technical corrections based on a review of the proposed Agreement by the Town of Carrboro staff and on comments made by Dr . Alice Gordon at the public hearing. At its October 28, 1987 meeting, the Orange County Planning Board voted to approve the Joint Planning Agreement, including retention of the dividing line as proposed . No change to the Transition area boundary along Hillsborough Road was recommended . The Planning Board also authorized the Planning Board Chair and Planning Director to send a letter to the representatives of Fox Meadow Subdivision, indicating the procedures for amending the Joint Planning Area Land Use Plan and Agreement should the residents wish to pursue an amendment to the dividing line between Chapel Hill and Carrboro. RECOMMENDATION : The Administration recommends approval of the Joint Planning Agreement as presented on October 14, 1987, including the technical corrections recommended by the County Attorney. Adjustment of the western boundary of the Carrboro Transition Area I is not recommended, since a separate public hearing would be required to change the boundary. 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COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL & HARGRAVE ATTORNEYS AT LAW 110 CHURTON STREET 050 HILLSBOROUGH, N.C. 27278 919-732-2196 919-942-8000 CHAPEL HILL OFFICE SUITE 20.FRANKLIN BUILDING 137 E_FRANKLIN STREET October 16 , 1987 CHAPEL HILL,N.C. 27514 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. HERMAJR. Mr. Michael B. Brough G.NICHOLAS HERMAN KAREN J. SHANORAW Town Attorney Of Counsel Town of Carrboro BONNER D.SAWYER Faison Brown, Fletcher and Brough 3101 Petty Road, Suite 1400 Durham, North Carolina 27707 Mr. Ralph D. Karpinos Town Attorney Town of Chapel Hill 306 North Columbia Street Chapel Hill , North Carolina 27514 Re : Joint Planning Agreement Dear Mike and Ralph: Enclosed is a copy of the Joint Planning Agreement which contains technical corrections from the September 22 , 1987 draft which technical corrections were discovered by the Carrboro Planning Staff . Changes occur on pages 8 and 9 of the agreement . Section 2 . 1B in the last sentence should reference "Section 1 .2H. " Section 2 .3A at the end of the first sentence should reference "Section 2 . 1C. " The comment made by Alice Gordon concerning the potential for amendments to the ordinances adopted by the County pursuant to Section 2 . 1C which amendment requests can be initiated by Orange County seems to me also to be a technical matter . That is, the last sentence of Section 2 .6D which states: "Any petitions or requests to amend these ordinances received by the County shall be referred to the respective Towns" was, it seems to me , intended to include amendment requests initiated by the County. i think that a technical change adding the phrase "or initiated by the County" after the word "County" in that sentence would be consistent with this idea . I have included this phrase in the document enclosed. I do not share Ms . Gordon' s concern about the time permitted for the County to ,$91* U Michael B. Brough, Esquire Ralph D. Karpinos , Esquire Page Two • October 16 , 1987 review proposed amendments to the text of Chapel Hill and Carrboro' s Land Development Ordinances . i think the procedure we have carved out in that regard will suffice . Very truly yours , -4 rey . Gledhill GEG/lsg Enclosure xc : Marvin Collins\ Albert Kittrell Shirley E. Marshall x J_ a w J U 0 z z u 2 w x _U Q N J d z w z a U 052 September 22 , 1987 JOINT PLANNING AGREEMENT THIS AGREEMENT , made and entered into this day of , 198__, by and between the COUNTY OF ORANGE , a political subdivision of the State of North Carolina , THE TOWN OF CHAPEL HILL, and the TOWN OF CARRBORO, municipal corporations duly created and existing under the laws of North Carolina . WITNESSETH: In consideration of the public benefits expected to flow from the cooperative efforts of the parties in establishing a coordinated and comprehensive system of planning within their respective areas of public concern, the parties to this Agreement hereby mutually agree as follows : ARTICLE I . PURPOSE , DEFINITIONS, EFFECTIVE DATE Section 1 . 1 Purpose of the Agreement The purpose of this Agreement is to establish a method of coordinated and comprehensive planning in the Orange County- Chapel Hill-Carrboro Joint Planning Area , as defined herein. Section 1 .2 Definitions A. Joint Planning Area . The area within the Rural Buffer and Transition Areas designated on the Joint Planning Area Land Use Map lying outside the extraterritorial planning jurisdiction of Chapel Hill and Carrboro. B. Joint Planning Area Land Use Plan . The Orange County- Chapel Hill-Carrboro Joint Planning Land Use Plan dated April 1986 , adopted by Orange County August 19 , 1986 1 A,. . . •• . .; , • '1.71' 053 ( revised October 13 , 1986 ) , amended May 4 , 1987 and as it may be amended from time to time . C. Joint Planning Area Land Use Map. The Orange County- Chapel Hill-Carrboro Joint Planning Area Land Use Map, adopted August 19 , 1986 (revised October 13 , 1986 ) and as it may be amended from time to time . D. Carrboro Joint Development Review Area (CJDA) . The area lying generally west of a division of the Joint Planning Area and shown as such on the copy of the Joint Planning Area Land Use Map attached to this Agreement , labeled Exhibit A, and incorporated herein by reference . Exhibit A is appended to this Agreement solely for the purpose of indicating the CJDA and the CHJDA boundary. Exhibit A is an accurate copy of the Joint Planning Area Land Use Map as of the effective date of this agreement . However , it will only be changed as the Joint Planning Area Land Use Map is amended if the Map amendments change the location of either the CJDA or the CHJDA. E. Chapel Hill Joint Development Review Area (CHJDA) . The area lying generally east of a division of the Joint Planning Area and shown as such on the copy of the Joint Planning Area Land Use Map attached to this Agreement, labeled Exhibit A, and incorporated herein by reference . Exhibit A is appended to this Agreement solely for the purpose of indicating the CJDA and the 2 �: . . ;..,�� _ • r �. Q54 CHJDA boundary. Exhibit A is an accurate copy of the Joint Planning Area Land Use Map as of the effective date of this agreement . However , it will only be changed as the Joint Planning Area Land Use Map is amended it the Map amendments change the location of either the CJDA or the CHJDA. F. Joint Courtesy Review Area . A portion of the northern Rural Buffer Area bounded on the east by I-40 and shown as such on Exhibit A. G. Rural Buffer . That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan as Rural Residential , Agricultural , Public/Private Open Space , Resource Conservation, Extractive/Disposal Use and the overlay district designated Water Quality Critical Area . This area is further defined as being a low-density area consisting of single-family homes situated on large lots having a minimum size of two (2 ) acres . The Rural Buffer is further defined as land which , although adjacent to an Urban or Transition area , is rural in character and which will remain rural , contain low-density residential uses and not require urban services (public utilities and other town services ) . H. Transition Area . That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map 3 r . • M! W� •� " . • e 055 as such . This area is further defined as being in transition from rural to urban or already urban in density. Urban services (public utilities and other town services ) are now provided to this area or are projected to be provided to this area . The portion of the Transition Area located in the CJDA shall be further divided into Transition Area I and Transition Area II on the Joint Planning Area Land Use Map. The Joint Planning Area Land Use Plan shall provide that, within Transition Area II , no tract may , after the effective date of this Agreement , be approved for development at a density that exceeds one ( 1 ) housing unit per gross acre until at least 75% of the gross land area of Transition Area I consists of any combination of : 1 . lots containing one acre or less; 2 . residential developments approved for development at a density of at least one unit per acre; 3 . streets , roads and utility easements located outside of lots containing one acre or less ; 4 . lots or tracts that are used for commercial , industrial , institutional or governmental purposes; 5 . tracts that are owned by the University of North Carolina or other non-profit entities and that are not available for development . 4 t.. i .. } • F 056 I . Development Permit . Major subdivision preliminary plat approval and any discretionary permit ( whether called conditional or special use permit or some other term) issued by the Orange County Board of Commissioners, the Chapel Hill Town Council , or the Carrboro Board of Aldermen. J. Involuntary Annexation . Annexation authorized or undertaken pursuant to G.S. 160A-31 , Article 4A, Part 3 . R. Voluntary Annexation . Annexation authorized or undertaken pursuant to G.S. Chapter 160A-31 or G.S. Chapter 160A, Article 4A, Part 4 . Section 1 .3 Effective Date and Duration A. This Agreement , except as provided below, shall become effective on the effective date of an Orange County ordinance ( 1 ) adopting this Agreement (after it has been approved by Chapel Hill and Carrboro ) ; ( 2 ) amending Orange County ' s Zoning Ordinance ( including Zoning Atlas) and Subdivision Regulations as prescribed in Section 2 . 1 of this Agreement; (3 ) amending the Joint Planning Area Land Use Plan to reflect the existence of Transition Area I and Transition Area II; and (4 ) amending the Joint Planning Area Land Use Map to show the location of Transition Area I and Transition Area II as indicated on Exhibit A. Any Previously adopted Agreements shall become null and 5 MMIIMMMI•1■. r ; . void upon this date . The Appendix to this Agreement shall become effective upon the execution of this Agreement . B. This Agreement , including any Appendix hereto, shall remain in effect until terminated by mutual agreement or by withdrawal of any party. Subject to termination provisions of this Agreement, annexation provisions of this Agreement shall be valid for not more than 20 years and may thereafter be renewed. A party may not withdraw until it holds a public hearing on the proposed withdrawal followed by written notices to the other parties within thirty (30 ) days of the public hearing . The withdrawal shall be effective one ( 1 ) year following receipt by the other party of the written notice . Withdrawal of one party shall not invalidate the Agreement with respect to remaining parties . C. Upon execution of this Agreement ► the parties agree that each will take , in a timely manner and without unnecessary delay, all steps ( including but not limited to preparation and adoption of Zoning Maps, appointment of Transition Area representatives to Planning Boards and Boards of Adjustment, and all required land use ordinance amendments ) required to cause this Agreement to become effective , and will notify the other parties when those steps have been taken . Orange County will 6 a . - . .�. . a 058 --- notify the Towns by resolution when this Agreement be- comes effective . This Agreement may become effective as to two parties pending completion of steps necessary to make effective a 3-party Agreement . ARTICLE 2 . ADOPTION, ADMINISTRATION AND AMENDMENT OF STANDARDS Section 2 . 1 Standards Within the Transition Area A. Chapel Hill shall prepare a Zoning Map for that portion of the Transition area that lies within the CHJDA and shall recommend its adoption by Orange County which, upon approval and adoption as prescribed in Subsection C of this Section , shall become part of the Orange County Zoning Ordinance . The Zoning Map shall be prepared using zoning districts which correspond to the text of the Chapel Hill Land Development Ordinance and which correspond with the density designations and plan classifications as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map for the CHJDA. B. Carrboro shall prepare a Zoning Map for that portion of the Transition area that lies within the CJDA and shall recommend its adoption by Orange County, which upon approval and adoption as prescribed in Subsection C of this Section, shall become part of the Orange County Zoning Ordinance . The Zoning Map shall be prepared using zoning districts which correspond with the 7 I density designations and plan classifications as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map for the CJDA. Transition Area II shall have density limited pursuant to Section 1 .2H. C. Upon completion of the Zoning Maps referred to in Section 2 . 1A and B above , Orange County shall amend its Zoning Atlas in accordance with said Maps . Orange County shall also adopt by reference ( i ) the Chapel Hill Land Development Ordinance and make its provisions applicable to that portion of the Transition area located within the CHJDA, and ( ii ) the Carrboro Land Use Ordinance and makes its provisions applicable to that portion of the Transition area located within the CJDA. Section 2 .2 Standards Within the Rural Buffer Within the Rural Buffer, the Orange County Zoning Ordinance ( including Zoning Atlas ) and Subdivision Regulations that are in effect on the effective date of this Agreement shall remain in effect unless amended in accordance with Section 2 .6 of this Agreement . Section 2 .3 Permit Administration Within the Transition Area A. Except as otherwise provided in Sections 2 .5 and 2 .6 , the Town of Chapel Hill and the Town of Carrboro , respectively, shall perform all functions related to the administration of the ordinances referenced in 8 ;*, 4 Section 2 . 1C . Subject to the remainder of this Section , Chapel Hill and Carrboro shall administer the referenced ordinances just as if the land were located within the respective Towns ' planning jurisdictions . Administration shall include , but not be limited to, the following : 1 . Receipt and processing of applications; 2 . Issuance of any required permits and certifications; 3 . Review and approval of required site/construction plans; 4 . Conducting necessary site/building inspections; 5 . Enforcement of all standards; 6 . Any other acts or things necessary to administer the Ordinances; and shall be carried out in a manner so as to insure that a developer complies with all applicable ordinance requirements and the terms and conditions of any permit issued by the respective towns . The towns may also charge fees for processing applications , conducting site/construction plan reviews , and carrying out site/building inspections in accordance with fee schedules applicable within their respective planning jurisdictions . B. Whenever Chapel Hill or Carrboro receives an application for a development permit as defined in this 9 Agreement relating to land within their respective portions of the Transition area , it shall forward copies of the application to Orange County for review. The towns shall establish timetables to insure that Orange County has an opportunity to make recommendations regarding such applications within the framework of the County' s regularly . scheduled meeting •. dates . To the extent possible , the timetables of the County and the towns shall provide for simultaneous review to expedite application processing; provided, however , the towns may not vote to issue or deny a permit until they have received the recommendations of Orange County or until the expiration of forty-five ( 45 ) days after Orange County has received the application, whichever comes first . Section 2 .4 Permit Administration in the Rural Buffer A. Except as otherwise provided in Section 2 .6 and the remaining provisions of this Section , Orange County shall perform all functions related to the administration of the ordinances referenced in Section 2 . 2 in the same manner as if the land were located outside the Joint Planning Area . B. Whenever Orange County receives an application for a development permit relating to land located within the CHJDA Rural Buffer or the Joint Courtesy Review Area, it shall forward copies of the application to Chapel 10 • 1. 062 Hill for review. Similarly, whenever Orange County receives an application for a development permit relating to land located within the CJDA Rural Buffer or the Joint Courtesy Review Area, it shall forward copies of the application to Carrboro for review. The County shall establish timetables to insure that the towns have an opportunity to make recommendations regarding such applications within the framework of their respective regularly scheduled meeting dates . To the extent possible , the timetables of the respective towns and the County shall provide for simultaneous review to expedite application processing ; provided, however , Orange County may not vote to issue or deny a permit until it has received the recommendations of the respective Towns or until the expiration of forty-five (45 ) days after the respective towns have received the application, whichever occurs first . Section 2 .5 Enforcement Remedies . A. Permit revocation , if necessary and authorized by ordinance , shall be handled by the same individual or board authorized to issue the original permit . B. Within those portions of the Joint Planning Area where the ordinances specified in Section 2 . 1C are administered by the respective towns , enforcement efforts through the use of civil penalties, criminal penalties or injunctive relief shall be initiated by 11 k V ; I the respective towns . The towns shall have the duty til a . defend at their own expense and shall indemnify and hold harmless , to the extent they can legally do so, Orange County, its Board of Commissioners, its advisory boards, its staff and all members of its boards and staffs, in their official and individual capacities, from any and all claims , actions , proceedings , expenses , damages or liabilities, including attorneys ' fees and courts costs , resulting from the towns ' administration of the ordinances specified in Sections 2 . 1 (C ) . C. Orange County shall notify the respective towns and the towns shall notify Orange County as soon as practicable thereafter of any such claim, action or proceeding . Section 2 .6 Text and Map Amendments A. Proposed amendments to the Joint Planning Area Land Use Plan and/or the Joint Planning Area Land Use Map may be initiated by ( i ) Orange County or ( ii ) the Towns or any other party by filing a request for such an amendment with Orange County. Any petition or request to amend the Joint Planning Area Land Use Plan received by the County shall be referred to the respective Towns . No such amendment may become effective until after it has been adopted by Orange County, Chapel Hill and Carrboro following a joint public hearing by all three governing bodies . 12 064 B. Except as provided herein, proposed amendments to the text of the Orange County Zoning and Subdivision Ordinances that are applicable within the Rural Buffer as well as proposed changes in zoning district classifications ( i .e . , _zoning map changes ) that affect property within the Rural Buffer shall be initiated and adopted in accordance with the procedures set forth in those County ordinances . All such proposals that affect the CHJDA shall be referred to Chapel Hill for review and recommendation , and all such proposed amendments that affect the CJDA shall be referred to Carrboro for review and recommendation. Orange County may not adopt such proposed amendments until the respective Towns have made their recommendations, or until the expiration of thirty (30 ) days following such referral , whichever occurs first . C. Whenever Chapel Hill proposes to amend the text of its Land Development Ordinance , and whenever Carrboro proposes to amend the text of its Land Use Ordinance , the respective towns shall deliver a copy of the full text of the proposed amendment to Orange County not later than thirty (30 ) days before the date of the public hearing on any such amendment . However, with the written consent of the Orange County Manager or his designate , this thirty (30 ) day period may be reduced to not less than ten ( 10 ) days . Unless Orange County 13 w. •a 005 files with the respective towns a written objection on or before the date of the public hearing on the proposed ordinance amendment , then adoption of the amendment by the respective town shall automatically effect a corresponding amendment to the applicable ordinance adopted by reference by Orange County as provided in Section 2 . 1C. Any such objection shall be based on a determination by Orange County that the proposed amendment is inconsistent with the adopted Joint Planning Area Land Use Plan. If a town adopts an amendment despite Orange County ' s objection, then it shall refer such amendment to Orange County with a request that the County make corresponding changes as expeditiously as reasonably possible so that the town may continue to enforce within its portion of the Transition area the same standards that it enforces within its own planning jurisdiction . In the event of objection by Orange County as provided herein, no such amendment shall be effective within the Joint Planning Area until it is adopted by Orange County. D. Orange County may not unilaterally amend the text of its zoning or subdivision ordinances applicable to the Transition areas ( i .e . , those ordinances adopted by reference pursuant to Section 2 . 1C) . Amendments to the ordinances referenced in Section 2 . 1C by Orange County may be accomplished only pursuant to subsection C above 14 ( including adoption by Orange County following a request to do so by the applicable town ) . Any petitions or request to amend these ordinances received by the County or initiated by the County shall be referred to the respective Towns . E. With respect to property that is located within the CHJDA Transition area , changes in zoning classifications may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Chapel Hill following a joint public hearing by the two governing bodies . With respect to property that is located within the CJDA Transition area , changes in zoning classifications may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Carrboro following a joint public hearing by the two governing bodies . Requests for rezonings within the Transition areas that are filed with the County shall be referred to the respective towns to initiate the amendment process . F. Proposed amendments to the text of this Agreement shall not become effective until approved by the towns and an Orange County ordinance adopting the amendment is adopted by Orange County. Section 2 .7 Representation of Transition Area Residents Chapel Hill shall revise its Land Development Ordinance and 15 7 Carrboro shall revise its Land Use Ordinance to provide that at least one resident of each town' s respective Transition area shall be appointed to each town' s respective planning board and board of adjustment , in the same manner as representation of extraterritorial planning area residents is provided for in each Town' s ordinance . ARTICLE 3 . LIMITATIONS ON ANNEXATIONS Section 3 . 1 No Annexation Into Rural Buffer Except pursuant to the written consent of all parties to this Agreement, neither Chapel Hill nor Carrboro may annex into the Rural Buffer ( whether by voluntary or involuntary annexation or any other method authorized by law) nor shall any party seek special legislation accomplishing such annexation. Section 3 .2 No Annexation by One Town Into Another Town ' s Transition Area Except pursuant to the written consent of the other town, neither Chapel Hill nor Carrboro may annex into the other' s Transition area ( whether voluntary or involuntary annexation ) or any other method authorized by law, nor shall either Town seek special legislation accomplishing such annexation . 16 068 THIS AGREEMENT entered into this day of Chair, Orange County Board of Commissioners Attest: Clerk to the Board of Commissioners Mayor, Town of Chapel Hill Attest: Town Clerk Mayor, Town of Carrboro Attest: Town Clerk - 17 069 APPENDIX TO JOINT PLANNING AGREEMENT AMONG ORANGE COUNTY, CHAPEL HILL AND CARRBORO WHEREAS, Orange County, Chapel Hill and Carrboro have executed a Joint Planning Agreement which agreement is that to which this Appendix pertains; and WHEREAS, a Joint Planning/Watershed Work Group, including representatives of the Towns of Carrboro and Chapel Hill and Orange County, developed an "Outline of Agreement in Principle" containing thirteen (13) statements of principle; and WHEREAS, the governing boards of Carrboro, Chapel Hill and Orange County have, by resolution, each approved in concept the "Outline of Agreement in Principle; " and WHEREAS, the Joint Planning Agreement to which this Appendix pertains implements those matters in the "Outline of Agreement in Principle" upon which there is agreement among Carrboro, Chapel Hill and Orange County except as provided in this Appendix; and WHEREAS, Carrboro, Chapel Hill and Orange County wish to fully implement those matters in the "Outline of Agreement in Principle" upon which there is agreement. 1 070 Carrboro, Chapel Hill and Orange County hereby mutually agree as follows: 1. They have requested OWASA to commission a University Lake Watershed carrying capacity study. They will request OWASA to commission a carrying capacity study for the Cane Creek Watershed. The University Lake Watershed study shall be com- pleted as soon as reasonably possible. 2. For the period of time ending ninety ( 90) days following the completion of the University Lake carrying capacity study the following restrictions on Carrboro, Chapel Hill and Orange County shall apply: a. Except pursuant to the written consent of all three parties, neither municipality may annex into the University Lake Watershed (whether by involuntary or voluntary annexation or any other method authorized by law) nor shall either town seek special legislation accomplishing such annexation. b. Except pursuant to the written consent of all three parties, no party shall seek or approve or encourage extension of water and sewer lines into the University Lake Watershed. 3. The University Lake Watershed is, for the purpose of this Appendix, defined in the Joint Planning Area Land Use Plan and located outside of the corporate limits of Carrboro as those limits exist on the date this Appendix is executed. 2 071 4. It is the intent of Carrboro, Chapel Hill and Orange County to jointly discuss watershed planning and protection procedures , standards and/or regulations which may be incorporated into ordinances and into the Joint Planning Agreement. This Appendix entered into this day of , 198 Chair, Orange County Board of Commissioners Attest: Clerk to. the Board of Commissioners Mayor, Town of Chapel Hill Attest: Town Clerk Mayor, Town of Carrboro Attest: Town�Clerk 3 '{ EXHIBIT A a i ��� • 4 �s# ,. PLAti�1�.,•• 4 itt4 / % +• � \ _ JOIN /���♦ �•-. .- t � � • T \ ...........•# '. 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Joint Planning Boundary Y""` Chapel Hill/Carrboro Corporate InLimits - Cxt(aterrito)ial Jurisdiction \\ Joint Courtesy Review Area CHJDA Chapel Hill Joint Development Review Area - CJDA 'Carrboro 11 ++ �� •I 073 MINUTES JOINT PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS CHAPEL HILL TOWN COUNCIL CARRBORO BOARD OF ALDERMEN AND ORANGE COUNTY PLANNING BOARD A Joint meeting was held by the Orange County Board of Commissioners, the Chapel Hill Town Council , the Carrboro Board of Aldermen and the Orange County Planning Board on October 14, 1987 at 7 :30 p.m. at the Culbreth Junior High School cafeteria, Chapel Hill , North Carolina for the purpose of holding a public hearing on the proposed Joint Planning Agreement. BOARD MEMBER&.PRES 1IJ Chair Shirley E. Marshall and Commissioners Moses Carey, Jr . , Stephen Halkiotis, John Hartwell and Don Willhoit. Mayor Pro Tem William Thorpe and Council Members Jonathan Howes, R. D. Smith , David Godschalk, Arthur Werner and Julie Andresen . CARRUDRO BOARD OF ALDERMEN Mayor James Porto and Aldermen Randy Marshall , John Boone, Hillard Caldwell , Judith Wegner, Tom Gurganus and Zona Norwood . ORANGE COUNTY PLANNING BOARDt Chair Barry Jacobs and members Dan Eddleman, Mike Lewis, Betty Margison, Sharlene Pilkey, Prince Taylor and Steve Yuhasz . £TAFF ERESENT.i Interim County Manager Albert Kittrell , Clerk to the Board Beverly A. Blythe, Administrative Secretary Joanna Bradshaw, Planning Director Marvin Collins, Planners Gene Bell , Greg Szymik and Emily Crudup . A, BOARD COMMENTS Chair Marshall made opening remarks . She stated that the purpose of the public hearing is to discuss the Joint Planning Agreement that has been recommended to Carrboro, Chapel Hill and Orange County by the Intergovernmental Work Group . The agreement is the culmination of twelve years of work towards addressing the planning authorities created by State legislation in 1973 . It is the first cooperative approach to this subject in the state . Chair Marshall then opened the floor for Board comments . Mayor Pro Tem William Thorpe commented that the process for adopting joint planning had been a long one and that David Godschalk had been the "spokesperson" for the Chapel Hill Town Council . John Boone of the Carrboro Board of Aldermen commented on the long process, noting that Judith Wegner, Mayor Porto, and Tom Gurganus had been important contributors in the process for Carrboro. Chair Marshall noted that Commissioners Moses Carey and Don Willhoit had been the representatives for Orange County . Commissioner Willhoit stated that with the jurisdictions on the verge 2 of adopting an agreement, this was Just the beginning of Joint Planning. B. AUDIENCE COMMENTS, 1 . MAIT E R S ON THE_ERJ1lIED_ADEt LA Chair Marshall indicated that those people who have indicated a desire to speak will be recognized during the public hearing portion of the meeting . C. RLJRL I C CHARGE Chair Marshall read the public charge. D . PUBLIC HEARING l� PROPOSED JOINT PLANK LNG AGREEMENT BETWEEN ORANGE DDUNTY_AND THE IOJlNS OF CHAPEL HILL AND CARRBORO (The complete text is on file in the permanent agenda file in the Clerk' s Office) Marvin Collins, Planning Director for Orange County, began the presentation by identifying and explaining on maps various portions of the Joint Planning Area. He pointed out the Rural Buffer on the map and noted that it totaled 38,000 acres . He continued the presentation as contained in the attached Summary of Proposed Joint Planning Agreement and map ( pg. of these minutes ) . Regarding the timetable for the Joint Planning Agreement, Collins indicated that if the various jurisdictions reviewed and adopted the agreement prior to November 2, the Board of Commissioners could consider it for approval at that meeting. There was a question from the audience regarding the Joint Planning Area boundary line to the northwest. Collins responded that the line follows the boundary of the New Hope Creek watershed . There was another question about the dividing line between Chapel Hill and Carrboro in regard to the railroad. Collins responded that the dividing line emerges from the Towns ' jurisdictions along the railroad, follows the railroad until it reaches the high school road, then follows the boundary of the high school property and High School Road to Homestead Road. Questions were asked about the veto power, and Chair Marshall responded that on the most important issue, land use, all three jurisdictions have veto power . On development projects, there is courtesy review in varying ways. The land use changes themselves are those items which must be agreed upon and on which public hearings must be held . A concern was expressed about being served by police or emergency services from one jurisdiction when another was closer. Chair Marshall indicated this could be a problem for any adjoining jurisdictions . However, she stated that all of the public safety organizations of Orange County work closely in providing services. Virginia Cunningham, President League of Women Voters - Chapel Hill /Carrboro 075 3 (Prepared statement as attachment to these minutes) Janet Tulowiecki - Resident of Fox Meadow Subdivision Ms . Tulowiecki stated that she lives in the Rural Buffer which is to become part of Transition Area II of Carrboro. She stated that the residents of Fox Meadow wish to remain in the Rural Buffer, or, if that is impossible, to be placed in the Transition Area of Chapel Hill . She continued that it was the opinion of Fox Meadow residents that Carrboro has not demonstrated the type of planning and governmental judgment that is line with the residents philosophy . She reminded the Boards that previously, Carrboro had proposed an industrial node at the crossroads of Homestead Road and Old NC 86 . Also, a short time ago, the Carrboro Board of Aldermen adopted and then dropped, at the advice of Mayor Porto, a provision that would allow Carrboro to annex property within ten miles of its Town limits. Recently, the Carrboro Aldermen proposed that their Board should appoint the Chairpersons to citizen advisory boards which she felt was a way to insure the adoption of Board philosophy. She also reminded the Boards that a Commissioner, then a private citizen, had informed the public of horror stories about service delivery in some of the most recently annexed areas of Carrboro. She noted that one of the Commissioners had stated that the idea of Joint Planning was to work things out but she felt Carrboro desired to swap things out . She expressed concern that once the watershed study was complete, Carrboro would have control of the watershed as well as the Fox Meadow properties. She submitted a petition (attachment to these minutes ) with the signatures of 100% of the households of Fox Meadows Subdivision, requesting that they remain in the Rural Buffer or be placed in the Transition Area of Chapel Hill . She continued that the Fox Meadow residents felt that the Town of Chapel Hill more clearly embodied the principles of careful planning and preservation of quality communities . She noted that amendments to the Joint Planning Area Land Use Plan and map could be made and asked that the Boards honor this request. Ken Meardon, Resident of Fox Meadow Mr . Meardon also expressed the desire to remain a part of the Rural Buffer, noting that he and his wife are new residents to Orange County. He noted that he expected annexation in the future but felt it would be by Chapel Hill rather than Carrboro. He noted that there was no requirement that a road be used to draw a dividing line between Juris- dictions, and he felt it was not logical to divide the Rogers Road community between the jurisdictions of Carrboro and Chapel Hill . He felt it was illogical for Fox Meadow to be placed in Carrborots jurisdiction . He stated that established communities should have more weight in deter- mining its future rather than those yet to be developed. He indicated he felt the Board was receptive to the request being made by those residents of Fox Meadow. He expressed concern that the vote on the plan was going to take place too quickly. Carey Floyd, Resident of Fox Meadow Mr. Floyd expressed respect for the Boards and the point which had been reached in Joint Planning and noted that his disagreement was not with the concept of Joint Planning but with the location of the dividing line. He stated that he felt a 100% representation of a compact community should be considered with high weight in the decision on this matter . The concern is that the line down Rogers Road be shifted Q7 4 to the west as there is a great deal of land out there with very low density which could be divided between Chapel Hill and Carrboro leaving Fox Meadow on the Chapel Hill side of the line. Alice Gordon (Prepared statement as attachment to these minutes ) Julie Andresen responded to Dr. Gordon that the ten-day time period for courtesy review was only if Orange County was in agreement. If Orange County is not in agreement, the thirty-day review period is still in effect. Also, in Section 2.6 .D, Ms. Andresen noted that no one is precluded from making recommended changes. Jef (Prepared statement read by Chair Marshall and an attachment to these minutes ) . Randy Danziger, Resident of Calvander Mr . Danziger indicated he was impressed that a final agreement was close to being signed. He expressed a concern there was insufficient restrictive language in the Land Use Plan to restrict development in the watershed. He asked that the Boards get clear opinions from at least two disinterested counsels that the ordinance modifications and agreements presented will indeed prevent development in the watershed . He expressed support for the fifteen-day minimum period for passing Judgment on an amendment. He felt this was adequate time for citizen concerns to be presented . He also requested that the line running from Calvander inter- section back to Carrboro city limits be shifted to the edge of the Hillsborough Road right-of-way or to the center line of the road . He felt this could prevent future conflict for the area between Carrboro city limits and Calvander. Mayor Porto, Carrboro Mayor Porto stated that the Boards had issued resolutions to initiate a moratorium on water/sewer extensions until such time as the OWASA watershed study is completed . He noted that his Board had requested that letters be sent to the other Boards present to ask that a moratorium also be placed on community septic systems and package treatment plants in the watershed . This would place a moratorium on large-scale development in the watershed . James E . Plymire Mr . Plymire commended the Boards for their perservence in developing a Joint Planning Agreement. He indicated the dividing line on Rogers Road could create an inefficiency for the controlling jurisdiction . Roger Pope, Fox Meadow Subdivision Mr . Pope indicated he much preferred to remain in the Rural Buffer and felt it senseless to have two city limits so near to each other . He felt annexation was definitely the next step and indicated that it was preferable to be annexed by Chapel Hill . He expressed concern with fire and police protection if Fox Meadow came under the Jurisdiction of Carrboro. He continued expressing his opposition to becoming a part of o If 0 .� Carrboro, emphasizing the proximity of Chapel Hill High School .. His first choice was to remain in the Rural Buffer and second choice would be to be annexed by Chapel Hill . Tom Gurganus, Carrboro Board of Aldermen Mr . Gurganus stated that the school referenced by Mr . Pope and other Fox Meadow residents was the Chapel Hill /Carrboro High School even though the name Chapel Hill High School does not reflect that. Chair Marshall responded that this is true. The Chapel Hill High School is the high school for the Chapel Hill /Carrboro City School District. Denise Kennihan, Fox Meadow Resident Ms . Kennihan indicated she had the same concerns of other Fox Meadow residents. Her preference, other than remaining in the Rural Buffer, would be for the Transition Area of Chapel Hill . She indicated she much preferred to keep her Chapel Hill address. R . D. Smith , Chapel Hill Town Council member, asked about the feasibility of redrawing the boundary lines as requested by the Fox Meadow residents . Chair Marshall reminded those present that boundary lines must be drawn at some point. Jonathan Howes, Chapel Hill Town Council member, noted that such an agreement as the one being considered is subject to amendment and that there are provisions for such amendments. He stated that at every meeting he had attended regarding Joint Planning, some unanticipated problem had arisen . He continued that the progress made indicated, in general , common goals and objectives with respect to planning. He saw all of this as a remarkable achievement. He felt that the problem that was presented at this public hearing could be adressed or accommodated even though he did not know the answer at this point. Commissioner Wilihoit stated that the Fox Meadow subdivision did not meet the current Rural Buffer standards since the minimum lot size for the Rural Buffer is two acres. Also, before Carrboro could possibly provide urban services for annexation, they would have to build some satellite fire stations and other municipal type buildings. He felt it would be at least twenty years before annexation into Carrboro could take place, but annexation into Chapel Hill could occur much sooner since it is closer to their urban service areas . Julie Andresen, Chapel Hill Town Council member, noted that she was pleased by the statement from Mayor Porto regarding the resolutions for a moratorium on development in the watershed . This was a point that she felt had not been sufficiently addressed in the Joint Planning Agreement. David Godschalk, Chapel Town Council member, stated that the maps presented by Collins, with the carefully defined growth areas and boundaries had placed these jurisdicitions in a position of adopting an orderly way of growing, of managing growth, protecting resources and protecting our future which is not seen in any other surrounding areas . Judith Wegner, Carrboro Board of Aldermen, asked that the Planning Staffs consider what alternatives there may be with the redrawing of the dividing line. She indicated that Carrboro is most eager to proceed with the signing of the Joint Planning Agreement and is pleased with the '78 tJ11 If o 6 progress made. She expressed the desire to hear alternatives so that the Boards could act on the agreement as soon as possible. Chair Marshall stated that she felt the suggestion made by Ms. Wegner was a good one and asked that the Planning Staffs meet and formulate a recommendation to the two . municipal boards first in order that it could be presented to the County. Mary Jane Young, Fox Meadow Resident Ms. Young reminded the Boards that this was not the first time Fox Meadow residents had spoken in oppostion to being in Carrboro' s jurisdiction . She noted that some of the same concerns were presented at the February meeting but were possibly "drowned out" by concerns expressed by Calvander residents. Dr . Halkiotis asked that the Planning Staffs review the dividing line from the perspective of efficiency of urban services. He also stated that he felt it is time that the stigma be removed from the "Gang of Eight", noting that he felt a distinguished job had been done under very trying conditions . Randy Marshall , Carrboro Board of Aldermen Mr . Marshall noted that he wished to remind those present that the issue is a Joint Planning Agreement and not annexation . He felt that annexation into Chapel HiII and/or Carrboro is not in the forseeable future . He noted that Carrboro had exercised voluntary annexation only, and it is not the desire of any Carrboro Board member to annex anyone who does not wish to be part of Carrboro. He concluded that many residents, including Board member Caldwell as well as himself , have Chapel Hill addresses since all of the rural routes are Chapel HiII rather than Carrboro. Chair Marshall stated that the attorneys for the jurisdictions have worked hard over the summer on the agreement. She re-emphasized the recommendation that the Planning Staffs meet to seek alternatives to the dividing line on Rogers Road so that the municipalities can make their recommendations to the Board of County Commissioners for action . Judith Wegner asked that the Fox Meadow residents choose a contact person to meet with the staffs for input in order to help reach a decision acceptable to all those concerned . E1tI With no further items to consider, Chair Marshall adjourned the meeting at 9 : 10 p .m. Shirley E. Marshall , Chair Joanna Bradshaw, Administrative Secretary Beverly A. Blythe, Clerk Suggested Revisions to Joint Planning Agreement Submitted by Alice M. Gordon - October 14, 1987 079 Let me offer my congratulations to Carrboro, Chapel Hill, and Orange County for coming this far in your efforts to approve a Joint Planning Agreement. As you probably know, I worked for many years on various versions of a joint agreement both as a member and later as the Chair of the Orange County Planning Board. It is gratifying to see that you are so close to signing this historic agreement. Tonight I have just three suggestions for revision to an otherwise satisfactory document. Clarification Designate the Rural Buffer more clearly on the Joint Planning Area Land Use Map, especially as it is shown in Exhibit A. This clarification is necessary since part of the definition of the term, "Rural Buffer," on page 3 contains a reference to the map, as follows: Rural Buffer. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such.... The simplest solution would be to print the words "Rural Buffer" in the northern section of the CJDA and in the Southern Triangle section of the CHJDA, as was done for the Orange County-Chapel Hill agreement. Substantive Revisions Two revisions should be made in Section 2.6 which deals with Text and Map Amendments. 1. Section 2.6_C. bottom of page 13. Eliminate the following sentence: However, with the consent of the Orange County Manager or his/her designate, this thirty (30) day period may be reduced to not less than ten (10) days. The thirty day period is the only time Orange County has to react to Chapel Hill or Carrboro amendments to the text of their ordinances, and the time should remain 30 days. If that is not possible, however, then allow at least 15 days. Two weeks is a very short time for reaction by Orange County officials or citizens. Gordon - Joint Planning Agreement Page 2 080 2. Section 2.6.D. too of oate 15 Change the last sentence in sub-section D to allow Orange County to initiate amendments to town ordinances applicable to the Transition Areas. The suggested change is as follows: Any petition or request to amend these ordinances received by the County or initiated by the County shall be referred to the respective Towns_ It seems to me that the county should not be precluded from suggesting amendments which appear desirable, as long as the amendments are processed through the regular town channels. This revision would just give the County the same privileges accorded to any other party wishing to request an amendment, and that seems reasonable to me. Despite the difficulty of changing a document to which so many parties must agree, I am submitting these revisions for your consideration. Thank you. 1 . TO THE ORANGE COUNTY COMMISSIONERS : 081. We, the undersigned, residents of Fox Meadow subdivision of Orange County, currently in the rural buffer, strongly oppose our designation as Transition area for Carrboro, aa proposed in the Joint Planning Agreement. We request that we (a) remain in the rural buffer, or ( b) be placed I - in the Transition area of Chapel Hill. AlA rfr7 4 oar z Eu-,r /46144.1e: ifeeiViack ly adr.Z . 070.0 7014i4.0 7/tiatarifiike 967-3S7.2. If „ „ „, ,t -J -1rAiUtil) itA- i-'(-6161A2-- c2-‘)It- 7:16-/lci7rk,c) al-el /-(1-41 q33 /70- 4) E. Ir°-, °,1 . 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Th.._ ) .114/v_c.e.L.C( Z;( 5r.c.i /0 (;_/164.4,(2, ,,,te.44.c 6 72 y_.-- 7)17 c--/j <2.-- icpki La.6_,,Cei /. �� LA.. ""CrT l'33-v le; --.. .._ . _ - . - `�a`1 - 7711 is: ---igi,--(2-= ., -e, - it_._. (v3 1-- __Ca wN,t - 9aq- - 771 -‘_ _Ea-Lb rckleA,,,OetL, _ 1 0 a, c-j,azy Cowcf— _ ci6"7.71.71_ ?S--/- - LEAGUE OF WOMEN VOTERS 084 - OF CHAPEL I-IILL/CARRBORO,NC I am Gina Cunningham, President of the League of Women Voters of Chapel Hill/Carrboro The League of Women Voters of Chapel Hill/Carrboro commends the County Board of Commissioners, the Chapel Hill Town Council and the Carrboro Board of Aldermen for reaching mutual understanding and signing the Joint Planning Agreement. Our members established a position in favor of joint planning, rather than extraterritorial jurisdiction, in March 1986. One of our reasons was that joint planning fosters cooperation across jurisdictional lines. Much has been said about intergovernmental cooperation, and the Joint Planning Agreement is proof that intergovernmental cooperation can work, even in controversial areas. The September 1987 revision of the Joint Planning Agreement contains a longer list of definitions than the earlier version contained, but the definitions are difficult to use because one is referred repeatedly to the Joint Planning Land Use Map. We understand the reason that the Agreement was so written and do not suggest a change in the definitions. We recommend instead that the summary (apparently prepared in the Chapel Hill Town Manager's office) be retained and supplemented by a chart showing which jurisdiction controls which land. We had earlier suggested that the joint approval process for develop- ment proposals should be evaluated to determine if a less cumbersome method of administering the jointly-adopted regulations could be found. This evaluation has apparently been done and simplified changes in the regulations made accordingly. Section 1 .3 of the Agreement lists four steps that must be taken before the Agreement becomes effective.We urge all of you to complete those steps as quickly as possible. Conditions are not static and the Agreement should become effective before the conditions under which it was signed change significantly. We will follow the implementation of the Joint Planning Agreement with great interest. We look forward also to your further cooperation. One possibility for nurturing cooperation is the establishment of a mechanism to assure continued discussions among representatives of the three jurisdictions. October 14, 1987 Jef 300 Stony Hill Rd. Chapel Hill, NC 27514 October 13, 1984 085 Dear Orange County Commissioners : I only regret that I must be out of town for this very auspicious occasion. Having tracked this process for the last two I believe that as our elected officials years,the present draft of the Joint Land Use us well you, and congratulations! Thank you, and I do have a couple of thoughts that I would like you and the representatives of the cities of Carrboro and Chapel Hill to keep in mind. Firstly, I would like to remind all of compromise. As a citizen of Orange County who oha that this veaw is a the confines of the city of Carrboro' s "transitional area", within steadfastly supported the idea of maintaining the rural residential zoning of our lands in Calvander. It is up to you to continue to monitor the growth of our neighbor to the south, and to assure us that the densities set forth in this agreement are upheld. I feel that we rural residents have given a tremendous amount of intended) in the negotiations, and I would feel betraye (if pun ed densities allowed within the body of the plan were actually exceeded.. Secondly, I would hope that when the lands in the "transitional areas" are actually rezoned, that all deed restrictions would be followed in the zoning of the properties. And, thirdly, I feel that there is a time when all towns cities. I believe that it is the duty of the erow inty Commissioners to monitor the growth of Carrboro and Chapel Hill, and nto assure the county residents that these burgeoning metropoli are planned in a manner responsible not only to the city dwellers, but responsible to the rural residents as well. In order to do this, I believe that both cities need to begin building up, rather than to spread. out indefinitel just being allowed function much more efficiently if Tthisnisaaccomplished the cities will of I believe that the literature will support me on this idea. Again, I thank you for your perseverance in continuing to look out for the interest of Orange County's rural residents. Good Luck! Sincerely, 4 Jef `' . .. AZO'-v. • • Q6 -:•^ rR:••-. P-0.Box 337 C.' i '.w ._� 301 West Main Street • Carrboro,North Carolina 27510 T ! fw+' y M`,i. (919)968-7700 !919)942-8541 MEMORANDUM TO: Robert W. Morgan Town Manager FROM: Roy M. Williford Planning & Economic D elopment Director DATE: October 19, 1987-= - RE: Joint Planning .Area---Fox Meadow Subdivision Residents of the Fox Meadow Subdivision located off of Rogers Road attended the October 14, 1987 public hearing on the Joint planning area agreement to voice their desire to remain in the county's jurisdiction or if annexed to become part of Chael Hill rather than Carrboro. A couple of methods for achieving their wishes include: 1) keeping Fox Meadow in the rural buffer, or 2) shifting the "Joint Development Review area line to the _ west; thereby locating Fox Meadow in Chapel Hill 's area rather than Carrboro's area. On Monday, October 19, 1987, Mr. Ken Meardon, representing the Fox Meadow Subdivision, met with me and the Planning directors of Orange County and Chapel Hill to review the concerns expressed by the residents of the subdivision in relation to the joint planning process and agreement. Considerable discussion centered on the time and effort dedicated by Chapel Hill, Carrboro and Orange County to the establishment of a mutually agreeable line. The "line" was first established by the first Joint Planning area agreement adopted by both Chapel Hill and Orange County on- October 8, 1984 and has remained in place since that time. The Fox Meadow Subdivision, oninterestingly enough, was y at about the same time that the line was first established. Following is a chart outlining the approval status of the Fox Meadow Subdivision: Fox Meadow Subdivision • Orange County • Phase # of Lots Acres Preliminary Final I l0 A royal 41111 royal II 10 ' 10.37 9/6/83 13.51 7/2/84 5/20/85 5/20/85 IIIA 14.24 IIIB 28 13.04 11/14/85 4/2/84 IV 43 51 .2 8/18/8G 2/4/85 NA I/7 Joint Planning Area----Fox Meadow Subdivision 087 October 19, 1987 Page 2 Another issue which we discussed is the attractiveness; of the Fox Meadow Subdivision for annexation by either town. The planning directors generally felt that the Fox Meadow Subdivision is currently not attractive for annexation due in part to the fact that the subdivision is not served b facilities and also to the fact that the public existing water 48 lots re sew spread out over 51 acres of land. A final issue concerned the perception that an adjustment to the "line" now would set a precedent for further adjustments. The planning directors felt that the line should be maintained in its present location and not adjusted especially in response to instances where Individuals would rather be on one side or the other. In conclusion, I would recommend that the line dividing the Chapel Hill and Carrboro Joint Development Review Areas remain in its present location as shown by "Exhibit A" running along Rogers Road. If the Board wishes to partially address the concerns - expressed by the Fox Meadow residents; then the intent expressed by the Board of Aldermen to not consider annexation of the Fox Meadow Subdivision over the next ten Attached is a resolution for the Board sa con ideration rentitled "A Resolution of Intent to Delay' Consideration of Annexing the Fox Meadow Subdivision" . This offer of intent will not satisfy the concerns of the Fox Meadow Subdivision but under the circumstances will show a good faith effort by the Town of Carrboro. RMW/jes attach. �•f - -fir �y� `� ..R•..• .=+-.•• _ _ ~ - '- : - _ y Elie-•.� _ �� - �`' y -• '- -:•`v�•.J .� _ - ..♦ +.T �- �S Late -` ==--` '..-*- 7/ .4-• 't _ �5;� rte .. =v i: ...:• • g : / � :1, a • . . ,;4 : - : � te� w • st.... , ,_,,. ._ . . , r. .1 :,: rye: •:, ::n x:�:... . - = . , _i --- .. - -i . -,,_- ,,,,,,-,7-7' —r•-•4.''-7,;4:111..--IIV• r.r,,•• . 4•••47*' - '-•r r••-r••••':•• ••P.7•'%-'6 - '''''' --r . ( VII atil--r-" • ... .• )r--r- -7.‘7,_ e-- ' . . fo, _ • .ti: to - . _ a :: ; I 1`j) ; i•_i■-..--;,-, '''.--_-- ''c!4-'''',,,,>._, -‘n'';;.:::.;.4..t. •••*• -.:,•A•LA'-' •L'•'•'• •••'''••••••••Pr. ••'''•' t Al,-, • V.,3 V i r ..,. . . . :. ___ .._. . _ " _ ;: rte= � .may j • Y r - � '� L f rZ- \;:ice a'Tir t./grmi, i ' ' _ •r . , _ / 1.-'". -•. 5.{. 1.' y TEA __ _ = _ 0 itili:::;?'•••'. ' I iimilii •••••-•• • iiiiii PAL z n, ��v 4 L_yam'.-:.:'a 44• - - = t . 1,--. - 1 .-_ T. . `.-...; -77 el f " •_ r r 7 r V tar-,..^r"4 =_ yam- - i' 4 r_.4 -,• - - -1' ��' 1wY 2:� •�• V�� - .r.4, • • - lS a = 089 k . arrbo-ro PC Bcx337 30'. Vest Ma r. greet IC. . �. •.±r:_a.;.. .r..r 9 North Ca O ra 2'51 0 (919, 96 6-770 c�4.V - The following resolution was introduced by Alderman Judith Wegner and duly seconded by Alderman John Boone. A RESOLUTION OF INTENT TO DELAY CONSIDERATION OF ANNEXING THE FOX MEADOW SUBDIVISION Resolution No. 21/87-88 WHEREAS, Orange County, Chapel Hill and Carrboro have executed a Joint Planning Agreement wnich establishes a method of coordinated and comprehensive planning in the Orange County- Chapel Hill-Carrboro Joint Planning Area; and WHEREAS, Section 3 .2 of the Joint Planning Agreement entitled, "No Annexation By One Town Into Another Town' s Transition Area" provides by mutual agreement areas appropriate for annexation by each respective town; and WHEREAS, the residents of the Fox Meadow subdivision on October 14, 1987 submitted a petition and appeared before the Orange County Board of Commissioners, ChapelpHillnTown Council, and Carrboro Board of Aldermen meeting jointly to conauct a public hearing on the Joint Planning Agreement; and WHEREAS, the residents of the Fox Meadow subdivision requested that their property be included within the rural buffer or if it remained within the transition area, that they would disfavor possible annexation by the Town of Carrboro but would instead prefer possible annexation by the Town of Chapel Hill . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF CARRBORO: Section 1. The boundary separating the Carrboro Joint Development Review Area and the Chapel Hill Joint Development Review Area is located properly. Section 2. That the inclusion of the Fox Meadow subdivision as part of the Rural Buffer would not be a logical extension of the rural buffer due to the degree of nonconformity created with the Joint Planning Area Land Use Plan and Agreement. Section 3. That the Town of Carrboro does not intend to annex 'through involuntary means the Fox Meadow subdivision, Phases 1-4 as , approved by the Oran e Commissioners, within ten years of the date ofCthisyresolutiion.°f Section 4. This resolution shall become effective upon adoption. 090 The foregoing resolution having been submitted to a vote, received the following vote and was duly adopted this 20th day of October, 1987: Ayes: Randy Marshall, Hilliard Caldwell, John Boone, Judith Wegner, Zona Norwood, James V. Porto, Jr. , ' Tom Gurganus Noes: None Absent or Excused: None I, Sarah C. Williamson, Town Clerk of the Town of Carrboro, North Carolina, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by the Board of Alderman at its regular meeting held on October 20, 1987. Cla40,13 C.• U J-C-atQ4rcv Town Clerk AGENDA #5 MEMORANDUM TO: Mayor and Council 091 FROM: David R. Taylor, Town Manager SUBJECT: New Joint Planning Agreement DATE: October 26, 1987 Council Members Godschalk, Andresen and Howes are sponsoring the attached resolution to approve this agreement. Attached are: .summaries of the new agreement, .a resolution and the Agreement as adopted by the Carrboro Board of Aldermen on October 20 (as previously distributed by the County Attorney) , .the 13-point outline of Agreement prepared last winter by the Intergovernmental Work Group, .the present Joint Planning Agreement signed in February. Discussion Foxmeadow Subdivision At the joint public hearing on October 14, residents of the Foxmeadow subdivision, in the Carrboro Transition Area west of Rogers Road, asked to be included in the Rural Buffer or the Chapel Hill Transition Area. The proposed agreement provides that a Town could annex into the other Town's transition area only by consent (Sec. 3. 2) . If the residents prefer Chapel Hill annexation, they would need to obtain a release from Carrboro so that a request to Chapel Hill could be considered. On Tuesday, October 20, the Carrboro Board of Aldermen approved the new Joint Planning Agreement. The Alderman also adopted the enclosed resolution of intent not to initiate annexation of the Foxmeadow subdivision for 10 years. Recommendation: That the Council adopt the following resolution. 092 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A NEW JOINT PLANNING AGREEMENT WITH THE ORANGE COUNTY BOARD OF COMMISSIONERS AND THE CARRBORO BOARD OF ALDERMEN (87-10-26/R-1) WHEREAS, representatives of the governing bodies of Orange County and the Towns of Carrboro and Chapel Hill began meeting in the fall of 1986 to prepare a new Joint Planning Agreement; and WHEREAS, these representatives of the 3 jurisdictions have addressed issues including: *establishing a rural buffer in Orange County around Chapel Hill and Carrboro; *future "urban services" or transition areas for Chapel Hill and Carrboro, *planning for the University Lake watershed; *long-term boundaries for annexation by Chapel Hill and Carrboro; *representation of Transition Area residents on municipal Planning Boards and Boards of Adjustment; and WHEREAS, the proposed new Joint Planning Agreement and the new Joint Planning Area Land Use Plan adopted in 1986, as amended, would establish a long-term urban form for the Chapel Hill-Carrboro area, and these documents thereby represent a major achievement by the three jurisdictions; and WHEREAS, the new Joint Planning Agreement was the subject of a public hearing by the three jurisdictions on October 14, 1987; and the concepts of resource protection and growth management in the agreement have the support of many citizens; and WHEREAS, the Council hereby expresses its appreciation to the Orange County Board of Commissioners and the Carrboro Board of Aldermen for their cooperation and dedication to developing a new agreement which is in the best interest of the citizens of Orange County, Chapel Hill and Carrboro; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves, and authorizes the Mayor to sign on behalf of the Town, the Joint Planning Agreement substantially in the form distributed by the Town Manager for the Council 's October 26, 1987 meeting. A copy of said Agreement as distributed on October 26, 1987 shall be retained with the records of this meeting. This the 26th day of October, 1987. Wednesdey.October 21.1987 •.._6;i Am. r.r— I~ vnugy 093 Aldermen=�= Approve Pact }Y �,- .�. IF'•t', �'" '�1�i.1•/ •• rte.- l.« • , -�y - ...are. ..� !•.. P i �.!WN31:.•w� '�".�}�"f�.'."'W'�.-l �.t.��. .. _ 4n Planning ': tanning ,°-Frs ii-'t` ;� ,-z ri ,: .. =4 1 g -.�.` 4..,• bring sense to try to,• mended by the U.S.Department —14 1AdNE BANGLEY g people into a town who - of Housing and Urban Develop- Chapel 11111 biireau-�0 . " don't want to be part of the. t •• went. Class B homes would on! town,:Ms.Wegner said:• :=- '':1' meet the y Mayor James Porto expressed federal stand ;e,CARRBORO-The.Carrboro ands. �•:dment. B his satisfaction that the planning Tlie-amendment',will allow- :Bostoar'd� dermen became the agreement,.which has been* both classes of homes in the body Tuesday to =: = worked on for 10 years,was a approve a planning agreement proved by"the aldermen: p`"f town's 1985,mobile home parks. . between Carrboro,Chapel 73111 :"We've worked-on this fort Since een allowed lowe Class A homes and'Oraage County,_ i....}.. .. ....., -. many years,"he said..-"We now` have been allowed ig the parks. The board unanimously voted jeommend it to the•bands of the.- The board also • ..for the plan after approving a cow,and the architectural s Assn �of Lucy •'`res•olutinn' promisiut:�'ox �.:.- ���L--�- .Carol Davis Associates to design r Meadow adobes residents prothat-the to other business;the bo an urbanpew that could include pproveda land-use ordinance an area for the Farmers'Market 'won't seek to annex the subdivi-:- -- won is seek an e - •zu . 7,j-r:-� amendment allowing_mobile at the.Town Rail ballfield if ie•The`�lanning'a reenie'atr' h es that meet-minimum.con-4 pb a��ea g _ struetion standards An mobile a e- �W ich Is scheduled-to be,qp-:,Z';* parks.!-.'?emu.-„•e:7„_. : uon antl.. -proved b the Chapel Kinney,n y pet Boaniwn ;k.. The amendment divides ma. atioti ands said the --Council and the county Board of=`- (bile homes permitted-in Carr- prepi has already-been hired to - Commissioners at.their next bore into two prepare schematic-designs for meetings,establishes r dasseiiin' ,.._ p guidelines : Class A homes would meet the. IParissta coat gs on the - for.developing 43,000 acres sur• _ Publiomeetiags on the pro- roundingthe two «� . townAesthetic requirements." towns._J posed park ng of next year,he �,.,�:"A map included witp the jag.:- -. u ►as requirements for a ma- _the beginning of nett ear.he m uses a boundary line to define - roof, as well the basics oen 7 y said-any the firm will not the areas e nl� Z . truction-.standards recom if�e _alas of subdivi- __- �. .�.. jectis not approved. Rogers Road that lies_ ,.y r� ,. 1K s within diction °cos eventual.lurs^ ..- m'ea.'accordiag to-the;•=_t :4"Fot Meadow mid is sn'b- mitted a petition last`week ask;-,,-4".:i I Y that the line be moved so sq vision would berth === Hill s area ofposaible explosion. :r a ,rV�•�Y .' bas+o's piste s k_: :recommended that--.:-.- = '_: .. board not attempt to:moves-•- r T.o d nsCrthe lice • 27:r41-,``_ -Tome residentsecanse svould-rather_be'�: :'aas one aide or another a_- , lot of thought."he`said. 'We =; don't want to set aprecedent"T,- %_Before adopting the-.promise.!:s not to seek annexation of Fox.,.=:,_7-;-=_: ,`Meadow for at least 10years,-Al-T-14 dermen Tom Gurganus;Judith-=:; : Wegner and Hilliard:Caid as ; , : sured a Fox Meadoivaesident,T •Ken Meardoa,-thatthey would -= " - 1` -never-vote for-an involuntary an---7.-.t. . . t.- ..-.... II % I; r. -L Plennitg/88 -. ( II 094 _ MINUTES ORANGE COUNTY PLANNING BOARD OCTOBER 28, 1987 The Orange County Planning Board met in special session on October 28, 1987 at 7:30 p.m. in Conference Room #1 at the Agricultural/Environ- mental Center, 306F Revere Road, Hillsborough, NC. PLANNING BOARD MEMBERS PRESENT: Chair Barry Jacobs and members Chris Best, Dan Eddleman, Peter Kramer, Betty Margison, Sharlene Pilkey, and Steve Yuhasz. PLANNING BOARD MEMBERS ABSENT: Prince Taylor, Michael Lewis, Brenda Swan and Virginia Boland. STAFF PRESENT: Planning Director Marvin Collins, Planner Gene Bell and Clerk to the Board Beverly Blythe. 1. CALL TO ORDER AND ROLL CALL Chairman Barry Jacobs called the meeting to order and announced that there was a quorum. Sharlene Pilkey asked the results of the Public Hearing held by Hillsborough October 27 and Collins indicated that his response was taken to the subcommittee and not to public hearing. The timetable is for the Planning Board to review the subdivision regulations as proposed by Hillsborough on November 16 with a recommendation to go to the Board of Commissioners on December 1. 2. CONSIDERATION OF ADDITIONS TO THE AGENDA None. 3 . PUBLIC CHARGE There were no members of the public present. 4. CHAIR COMMENTS Jacobs distributed to the Board members some articles from the President's Commission on the Out-of-doors. There will be national meetings for the purpose of talking about open space. 5. MATTERS HEARD AT PUBLIC HEARING - 10/14/87 A. JOINT PLANNING AGREEMENT Marvin Collins presented for consideration a proposed three- party Joint Planning Agreement involving Orange County and the Towns of Chapel Hill and Carrboro. A public hearing was held on October 14 in which two concerns were voiced: (1) The residents of Fox Meadow Subdivision requested that the subdivision be left in the Rural Buffer area or placed in the Chapel Hill Transition Area but not approved as part of the Carrboro Transition Area II. (2) A resident of Calvander requested that the western boundary of the Carrboro Transition Area I be shifted in an easterly direction to follow the right-of-way lines of Dairyland and Hillsborough Roads. After the public hearing, the Planning Directors of Chapel Hill, Carrboro, and Orange County met with a representative of Fox Meadow Sub- division to review the concerns. The three planning directors decided that their preference would be not to shift the line. This was because DRAFT095 095 when the line was first established several years ago it was at a time when Fox Meadow was in the very first stages of development and just because development occurred on one side of the road or the other was no basis for shifting the line. Another reason was that Carrboro agreed to come up with an agreement that Fox Meadow Subdivision would not be annexed involuntarily for a period of at least ten years. On October 20, 1987 Carrboro Board of Aldermen adopted the proposed Joint Planning Agreement and a Resolution of Intent to delay consideration of annexing Fox Meadow Subdivision for a period of ten years. On October 26, 1987 Chapel Hill Town Council adopted the pro- posed Joint Planning Agreement. Collins recommended approval of the Joint Planning Agreement as presented at the October 14, 1987 public hearing, including the technical corrections recommended by the County Attorney. He recommended holding off on the adjustment of the line boundary along Hillsborough Road, since the map was not subject to change at the public hearing. He proposed considering a possible adjustment at some later date as well as reviewing the northern boundary line of Transition Area II, particularly as it relates to Duke Forest. The one lot depth setback from the Forest results in a very erratic line. Betty Margison asked if there were any roads to the west of Fox Meadow that could connect to the development. Collins stated there were no roads in the area other than Old NC 86. Margison expressed concern that all 56 families in Fox Meadow want the line changed. Collins stated that changing the line could mean that anyone who wants to be in one jurisdiction or another could just voice opposition and the line would be changed. In his opinion, that is not sufficient justification to shift the line. The line was initially established by members of the governing boards of Chapel Hill and Orange County prior to the development of the Fox Meadow subdivision. In response to a request from Chris Best, Collins explained the different notations on the Joint Planning Area map. Best asked about the control that Carrboro would have over the Fox Meadow area. Collins stated that if the agreement is officially adopted and signed by all three jurisdictions, that before Carrboro and Chapel Hill can take over the administration of their ordinances within designated Transition Areas, they have to prepare zoning plans that are consistent with the Land Use Plan. The towns would also have to submit the zoning plans as well as their Land Development Ordinances to the County for adoption by reference. Once this is done, they take over administration, approving Special Use Permits and major subdivisions, with the County maintaining the right of courtesy review. Collins indicated that administrative procedures need to be worked out between the three jurisdictions which would outline the number of public hearings, when amendments to the Joint Planning Agreement would be heard, etc. In answer to a question from Chris Best about the procedure that Fox Meadow would follow in requesting a change of the line, Collins indicated that a petition would need to be filed, and the Planning Staff would work with them to prepare an amendment. MOTION A motion was made by Barry Jacobs, seconded by Betty Margison, that if the agreement is approved that the Planning Board recommends that Staff be directed to assist the people of Fox Meadow in preparing a Land Use Plan amendment for the next appropriate Joint Planning Public Hearing n96 DRAFT 3 and that the Staff prepare another amendment to conform the line in Transition Area I to the center line of Old Highway 86. Collins stated that the reason the Planning Directors are resistant to shifting lines is that shifting the lines and taking land from one jurisdiction results in the jurisdiction losing land wanting compensation by acquiring land elsewhere. This means that the lines would be shifting back and forth so as to prevent one jurisdiction from obtaining more land area than the other. MOTION AMENDED Chr s Best amended the motion to include that the Staff must be asked to help prepare an amendment -- that the residents of Fox Meadow should initiate the action and request help from the Planning Staff. Barry Jacobs indicated that the residents from Fox Meadow did attend the public hearings but were drowned out by Calvander residents. Collins stated that the line was never on the plan that went to public hearing. The line has always been stated in the agreement only. Steve Yuhasz stated that the line has not been set in stone and he feels Orange County has some flexibility in shifting the line since Carrboro has not been involved in the agreement until now. Peter Kramer disagreed with the motion as stated, since the citizens of Fox Meadow may at any time petition for a change in the line. MOTION RESTATED Barry Jacobs restated his motion. If the residents of Fox Meadow are interested in submitting a petition, that the staff assist them in preparing the appropriate amendment to the map and the Joint Planning Agreement. Marvin Collins clarified that if a petition is submitted which clearly states the problem and how the problem may be solved, the Planning Staff's responsibility would be to work with them in submitting this request to the respective boards. SUGGESTED MOTION Betty Margison suggested that in response to the concerns voiced by the residents of Fox Meadow, that a letter be sent from the Planning Board and Planning Director saying that the Board is aware of their concerns and should they petition at a future time, the Planning Staff is available to assist them. Peter Kramer asked that the reasons for not recommending a change in the line also be stated in that same letter. ORIGINAL MOTION WITHDRAWN Barry Jacobs w thdrew his motion. MOTION Jacobs restated the motion as made by Betty Margison and amended by Peter Kramer: "The Planning Board recommends approval of the Staff recommendation with the addition that the Planning Director and the Plan- ning Board Chair send a letter to the residents of Fox Meadow expressing the Board's willingness to work with them if they wish to pursue an amendment to the line under the rules of the Joint Planning Agreement. Seconded by Chris Best. plitAFIT 4 VOTE: AYES, 6; NOES, 1 (STEVE YUHASZ) 097 6. PLANNING BOARD ITEMS A. DRAFT REQUEST FOR PROPOSALS (RFP) •- OPEN SPACE PLAN Marvin Collins presented a draft request for proposals for the preparation of a comprehensive open space plan for Orange County. In response to a need to address the issue of conservation of rural lands from a countywide perspective rather than limiting the focus to the Rural Buffer, a proposal was presented as part of the 1987-88 Planning Department budget to prepare an open space/conservation plan for Orange County, utilizing in-house staff and consultant services. Collins presented the request for proposals which outlines the scope of work to be performed. The study would consider the entire array of open space elements, including agricultural preservation, Duke Forest, floodplains, watershed protection, natural areas or environmentally sensitive areas, and elements such as utility easements, public and private lands, either existing or proposed, parks, university lands, etc. The remainder of the land would then be evaluated from the standpoint of development sensitivities. NOTE: STEVE YUHASZ LEFT THE MEETING AT 8:25. Collins continued that the study would (1) identify the open space network, (2) identify those lands left over and (3) establish an implementation plan for the open space network, including a review of current ordinances and what changes need to be made to develop a complete implementation program. Collins proposed that an Open Space Technical Advisory Committee be formed to review proposals and work with the consulting firm in prepar- ation of the open space plan. The Committee would be comprised of representatives from the agricultural community, the development sector, the Recreation and Parks Advisory Council, the Triangle Land Conservancy, OWASA, Duke University, and the Planning Board of Orange County, Chapel Hill, Carrboro and Hillsborough. A series of public meetings would be held to receive input from the citizens. If approved by the Planning Board and Board of Commissioners, the request would be sent to various consulting firms who have experience in the preparation of such studies. Collins presented a tentative time schedule. Barry Jacobs expressed concern that the study may not be done in time to include any items that may have a budgetary impact in the budget for 1988-89. Collins indicated he felt the study would be far enough along that these impacts would be known in time to be included in the budget. Peter Kramer expressed concern about giving the consultants so broad an objective. Collins stated that a lot of the work will involve the review of information already available - the Master Parks Plan (if adopted by the time the consultant starts) , the natural areas inventory, farm preservation, watershed protection studies, etc. MOTION Motion was made by Chris Best, seconded by Dan Eddleman to approve the draft request for proposals and the time schedule/methodology for selection of a consulting firm and to forward the request to the Board of Commissioners for their consideration of approval. VOTE: UNANIMOUS. 098 DRAFT Q9 5 The Planning Board complimented Collins on the proposal, stating the proposal is thorough and very specific. They asked if the seven month time period was realistic. Collins indicated the time frame was similar to that of the Recreation Plan but may possibly take longer. 7. ADJOURNMENT With no further items for the Board to consider, motion was made by Betty Margison, seconded by Sharlene Pilkey to adjourn the meeting at 8:45 p.m. Beverly A. Blythe, Clerk O R A N G E COUNTY BOARD OF COMMISSIONERS 099 ACTION AGENDA ITEM ABSTRACT Meeting Date November 24 1987 Action da Item _=_7-_ SUBJECT: OPEN SPACE PLAN - REQUEST FOR PROPOSALS DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT(S ) : INFORMATION CONTACT: Marvin Collins Rural Buffer Workshop Agenda Work Plan - Open Space/Conservation Plan Draft Request for Proposals Draft 10/28/87 Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 °' Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration for a draft request for proposals for the preparation of a comprehensive open space plan for Orange County . BACKGROUND : On June 19, 1987, a Rural Buffer Workshop was conducted at the institute of Government for the purpose of considering strategies for the conservation of rural lands . The focus of the workshop was on the Rural Buffer surrounding the Towns of Chapel Hill and Carrboro. At the workshop, the Orange County Planning Director stressed the need to address the issue from a countywide perspective rather than limiting discussion and staff efforts to the Rural Buffer. Subsequently, a proposal was presented as part of the 1987-88 Planning Department budget to prepare an open space/conservation plan for Orange County, utilizing in-house staff and consultant services. As a first step in implementing the open space/conservation plan proposal , a request for proposals has been prepared which outlines the scope of work to be performed. If approved by the Planning Board and Board of Commissioners, the request would be sent to various consulting firms who have experience in the preparation of such studies. A tentative time schedule for initiation of the project is as follows : November 2 Commissioners approve request for proposals November 4 Request for proposals sent to consulting firms November 30 Deadline for receipt of proposals December 7 Begin consultations with firms 100 December 21 Recommend contract award to specific firm January 4 Commissioners award contract January 5 Work commences To review proposals and work with the consulting firm in preparation of the open space plan, an Open Space Technical Advisory Committee should be established, comprised of representatives from the agricultural community, the development sector, the Recreation and Parks Advisory Council , the Triangle Land Conservancy, OWASA, Duke University, and the Planning Boards of Orange County, Chapel Hill , Carrboro, and Hillsborough . At its October 28, 1987 meeting, the Orange County Planning Board recommended approval of the proposed Request for Proposals and the time schedule/methodology for consultant selection . The Planning Board Chair recommended that the Advisory Committee include representatives of the University of North Carolina and other utility companies such as Duke Power and Piedmont Electric Companies. RECOMMENDATION: The Administration recommends approval of the draft Request for Proposals and the time schedule/methodology for selection of a consulting firm as recommended by the Planning Board . Recommendations for representation on the Open Space Technical Advisory Committee will be presented at the November 17, 1987 Commissioners meeting . Rural Buffer Workshop 101 Sponsored by Orange County and the Towns of Carrboro and Chapel Hill Date: Friday, June 19, 1987 Time: 8:30 a.m. - 4:30 p.m. Location: Institute of Government, Classroom 3, University of North Carolina at Chapel Hill (at intersection of Raleigh Road [NC 54] and Country Club Road) . Reaistration Recuests: should be submitted to the Town Manager' s Office, Town of Chapel Hill, 306 N. Columbia Street, Chapel Hill, N.C. 27514; ( 919) 968-2743/682-8636. 70 Parking Permits for the Institute of Government lot will be available, total of 130 seats in Classroom 3 are available. Program 8:30 a.m. - 9: 00 a.m. : Coffee and registration 9:00 a.m. - 9:15 a.m. : Welcome and overview of Program (David Godschalk of Chapel Hill Town Council, UNC Department of City and Regional Planning) 9:15 a.m. - 11:00 a.m. : "Strategies for Rural Character: Beyond Zoning Density" (Slide Presentation by Mr. Lane Kendig, Consultant) 11:00 a.m. - Noon: Comments and discussion (moderated by Barry Jacobs, Orange County Planning Board Chair) Noon - 1:30 p.m. : Lunch (on your own) 1:30 p.m. - 2:45 p.m. : Strategies for Conserving Rural Land * Introduction by Donald G. Willhoit, Orange County Commissioner • * Invited Speakers: 1. Pearson Stewart, Triangle Land Conservancy 2. Marvin Collins, Orange County Planning Director. Confirmed. 3. J.P. Goforth, Developer. Confirmed. 102 4. Mr. Donald Etheridge, Associate University Counsel, Duke University. Confirmed. 5. 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DID • 105 ORANGE COUNTY PLANNING DEPARTMENT REQUEST FOR PROPOSALS COMPREHENSIVE OPEN SPACE PLAN Your firm is hereby invited to submit a proposal for providing Orange County with a comprehensive open space plan . The study must be completed within seven (7 ) months from the time of award of contract. Responses to this request are to be submitted in accordance with the procedures in "Orange County Planning Department - Request For Proposals : Comprehensive Open Space Plan . " Ten ( 10 ) copies of the response to this Request For Proposal are to be submitted to: Mr . Marvin E . Collins Planning Director County of Orange 306F Revere Road Hillsborough , North Carolina 27278 Telephone : 919/732-8181 Responses to this request must be received by 5 : 00 p .m. (EST) on _ , 1987 and will become the property of Orange County . The responses will be subsequently evaluated by Orange County and an Open Space Technical Advisory Committee to determine which proposals appear to most closely meet Orange County ' s requirements . At the discretion and option of Orange County, oral interviews may be conducted with one or more firms to assist in the selection process . Orange County reserves the right to reject any and all proposals and to accept the proposal most favorable to the County. Marvin E . Collins Planning Director County of Orange DIf 103 REQUEST FOR PROPOSALS COMPREHENSIVE OPEN SPACE PLAN Purpose of Work Orange County desires to enter into a Contract with a qualified firm for the purpose of undertaking activities comparable to those set forth in the Scope of Work described herein . The purpose of the Request For Proposals is to invite qualified persons or firms to submit to the County written proposals concerning the completion of the desired work . Orange County is a unit of local government providing human and social services to approximately 99, 344 citizens . The major urbanized area is the Chapel Hill - Carrboro area located in the southeastern portion of the county . The county seat, Hillsborough , is located centrally, and the Town of Mebane, to the west of Hillsborough , extends across the Alamance County line into Orange County . The City of Durham, to the east, has expanded to the point that its city limits coincide with the Orange County line . As part of the Research Triangle area of North Carolina, Orange County is anticipating continued growth . Expected to contribute to and accelerate this growth is the scheduled completion of 1 -40, linking the northern and rural portions of Orange County with the expanding communities of Raleigh and Durham, and the Research Triangle Park to the east. In anticipation of this growth , Orange County adopted its first Land Use Plan in September, 1981 . Prior to that time, studies were completed which addressed critical issues within the County - watershed protection and agricultural preservation . More recently, a Master Recreation and Parks Plan has been completed and is scheduled for public hearing in November . Furthermore, a Natural Areas Inventory is being prepared under the auspices of the Triangle Land Conservancy . In addition to those plans and studies completed or underway, a Joint Planning Area ( JPA) Land Use. Plan has been prepared jointly by Orange County and the Towns of Chapel Hill and Carrboro. The Plan designates the projected pattern of urban growth in the southeast portion of the County for the next twenty years . Associated with the JPA Land Use Plan has been the designation of a Rural Buffer zoning district with a two-acre minimum lot size requirement. The purpose of the Rural Buffer is to define the boundary of urban growth as well as protect the rural character of the area surrounding the two communities. The Orange County Planning Department is preparing a pilot study involving the New Hope Creek drainage basin, part of the Rural Buffer, which seeks to identify rural design standards transferable to other portions of the County. [] Development activities within the County are increasing, as 1 07 evidenced by increased property subdivision and building permit activity . With such activity comes the loss of open space and the rural character of many portions of the County . Orange County desires to have a study completed which combines the various elements of watershed protection, agricultural preservation, natural areas conservation , etc. into a comprehensive open space plan and presents recommendations for implementing the plan . The following sections describe the study objectives, scope of work to be performed, the information which is to be included in the written proposal , and the general terms and conditions which are applicable to the work to be performed . Place and Time of Which ProposaLs Are to Be Submitted. Ten ( 10 ) copies of the response to the Request For Proposals are to be submitted to Orange County , by 5 : 00 p .m. (EST) on , 1987 . Proposals may be mailed or delivered to the following : Mr . Marvin E . Collins Planning Director County of Orange 306F Revere Road Hillsborough , North Carolina 27278 Telephone: 919/732-8181 Objectives of the Study. The objectives of the study are to: ( 1 ) establish goals and objectives for the preservation of open space in Orange County ; (2) identify existing and proposed open space resources ; (3 ) identify land areas which, because of their characteristics, are suited for conservation and/or development; (4) prepare a plan which incorporates open space elements as well as lands suited for conservation and/or development; ( 5 ) identify techniques for the preservation of open space areas and sensitive lands ; and (6) develop specific program recommendations for the implementation of the open space plan . Scope of Work The following scope of work outline is offered as one possible approach for accomplishing the work to be completed. However, consideration should be given to proposing an alternative approach to this scope of work . Orange County will give full consideration to all alternative approaches presented . 1 . Identify the location and extent of intensive uses a. All commercial , industrial , and public facility buildings and parking areas b . Permanent and temporary residential uses at a density greater than one dwelling unit per two --• pp n� C7 loagross acres 2. Identifylanalyze existing open space elements a. Agriculture o Existing agricultural ( farm) and horticultural operations o Properties currently claiming use value tax deferral - Farm operations - Forestry operations - Horticultural operations b . Committed open space o Major utility easements - corridors for gas, e lectricity, water, and sewer lines 60 feet in w idth or larger o Open spaces designated in planned residential developments and subdivisions o Publicly owned lands committed to open space o Privately owned lands committed to open space c. Parks and recreation o Existing/proposed publicly owned recreation facilities o Existing privately owned recreation facilities d . Water resources o Lakes and reservoirs - existing/proposed o Rivers and streams o Floodplains e. Rare, endangered or unique sites o Plant and wildlife habitats o Historical sites o Archeological sites f . Region forming open space o Duke Forest o Eno River State Park g . Designed open space o Steep slopes T.� - o Floodplains -los o - Soils rated as prime agricultural soils 3 . Identify development sensitivities of the land ; i . e. , characteristics by which to designate lands suited for conservation a . Steep terrain - Land with slopes in excess of 15 percent b . Soils suitable for agriculture - Land with soils rated as prime agricultural soils c. Erodibility - Highly erodible soils as defined in consultation with the Soil Conservation Service and the Erosion Control Division of the Planning Department d . Plant and wildlife communities (Not rare or endangered ) - Areas recognized as essential habitats for area wildlife and plant resources of regional importance e. Water quality - Areas recognized as watershed basins for existing and proposed water supply reservoirs f . Soils unsuited for sewage disposal - Land with soils rated as having severe limitations for septic tank filter fields g. Noise assessment - Lands adjacent to existing and proposed interstate and arterial highways having unacceptable noise levels using HUD noise assessment guidelines h . Visual impact - Prominent features and areas, including, but not limited to, hills, landmarks, water bodies, and panoramic views 4. Identify goals and objectives for the preservation of open space a . Promote the health and safety of Orange County residents and visitors by regulating development of lands that are inherently unsuited for intensive use b . Conserve scarce natural resources and lands needed for vital natural processes c. Conserve the open space needed to maximize the opportunities for recreational , educational , and cultural activities and experiences d . Preserve and create an open space system that will maintain community identity, achieve a sense of spaciousness in all neighborhoods, and protect and MITE 11.0 enhance both physical and visual amenities e. Conserve the open space needed for the protection and management of necessary natural resources for economic production purposes f . Create an open space system which promotes rational regional growth and urban development 5 . Present an open space plan for the County, based on identified goals and objectives, and the individual elements comprising the open space network, and identify areas most suitable for intensive development ( low sensity ) and areas which should remain predominantly undeveloped (high sensitivity ) A product of the study will be comprehensive open space plan for the County. Another product will be the development of a conservation plan based on the amount and degree of sensitivity. The technique used in planning for the conservation categories is to be a composite transparency overlay approach , whereby a transparency will be made of each sensitivity and the transparencies superimposed upon each other . From the composite, conservation categories are to be identified, including, but not limited to, the following: o High Sensitivity Conservation Category o Medium Sensitivity Conservation Category o Low Sensitivity Conservation Category The conservation categories may derived by giving equal weight to each sensitivity . The preferred method, however, is to assign weights to each sensitivity category or transparency based on a ranking system developed with citizen and advisory board input. 6. Identify alternative strategies and techniques for the preservation of open space, including the advantages, disadvantages, and legal feasibility of each . a. Regulatory strategies o Cluster development and zero lot line housing o Design standards o Large lot zoning o Setbacks o Planned developments o Transferable development rights o Incentives/point systems b . Financial /acquisition strategies M 1::,\ o Dedication or payment- in- lieu 111 o - Bond referendum o Impact fees o User charges c . Institutional strategies o Multi-jurisdictional cooperation o Staffing for monitoring/maintenance The strategies identified above are only representative of the many approaches possible. The Proposer is encouraged to identify in the Proposal additional strategies which are worthy of consideration . 7 . Present a program for the implementation of the open space plan, by plan element a . Agricultural preservation b . Region forming open space c. Parks and recreation facilities d . Water resources e. Rare, endangered and unique sites f . Designed open space g. Committed open space h . Conservation areas Qualifications and Experience of Proposer Each submittal shall include a statement concerning the Proposer ' s qualifications, experience and expertise as it pertains to the proposed work. The Proposal shall also address the competence of the Proposer from the standpoint of number and capability of personnel which will be devoted to the project . The Proposal must state the name( s ) of the person (s ) who will be assigned to the project, along with complete information on the background and qualifications of such designated person (s ) to perform the work . The Proposal must designate the person who will serve as Project Manager and be most prominent and responsible for on-site work as well as the person (s ) who will be responsible for the Final Report. The Proposal must include descriptions of comprehensive studies previously completed by the Proposer which involved services similar to those required by the County. Information concerning the costs to complete each of the studies and the size of the jurisdiction for which the X12.. studies were completed is also to be provided . One copy of the studies or portions of studies which were previously completed by the Proposer and are most rpresentative of the work contemplated must be submitted to the County along with the Proposal . Cooperative Efforts tQ Complete Work The Proposer shall evaluate and discuss in the Proposal cooperative approaches to obtaining data and information necessary for completion of the project, where such cooperative efforts may reduce time and costs required to complete the study . The Proposal shall include a listing of the proposed cooperating agencies, parties or subcontractors. Location of Firm's Main Office/NtaLalt Bransh._9ffice The Proposal should state the geographic locations of the Proposer ' s main office and any branch office( s ) which may be involved in the performance of the work . The office in which the Project Manager will be located should also be stated . Estimated Demand on County Staff to Complete! Study The Proposal shall describe those project activities which will require the involvement of the County staff . Higher priority will be given to those Proposals which identify a balanced approach to work distribution in an effort to reduce overall expense to the bounty. Conferences may be arranged with the County staff for the purpose of discussing the distribution of work prior to submission of the Proposal . Ava i l ab i l i ty of Firm for Conferences to D isQ1tss Proposal The Proposal shall state the vailability of specified individuals for conferences, etc. determined by the County to be appropriate for the purposes of further evaluating the qualifications and capabilities of the Proposer as they pertain to the proposed completion of the study . Time of Completion This project is to be completed within seven (7 ) months of contract award . Time of performance is an important consideration for the County. The Proposal must address the Proposer 's capability and commitment to complete the work within the required time frame and include a review of the Proposer' s past record at meeting required completion dates for previous studies similar in nature and scope to that proposed . The Proposal shall include a description of the milestone to be achieved, the estimated length of time required to achieve each milestone, and the anticipated date of achievement for each milestone. Additional Appropriate Information E) 2 1 Additional information which the Proposer may consider appropriate and relevant to this request should be included 113 in the Proposal submitted to the County for consideration . Estimated Manppwer Requirements an Project Costs The Proposal shall include an estimate of the manpower requirements ( for the Proposer and the County ) and estimated costs of performing the work as described in this request . Presentations to the County The Orange County Board of Commissioners will be kept informed of the study progress by the County staff . However, the Proposer awarded the contract for the study will be required to meet with an Open Space Technical Advisory Committee to review and comment on various components of the study. At least six (6 ) meetings with this group will be required . Presentations of the study results will also be required, involving the Orange County Planning Board, Recreation and Parks Advisory Council , and the Environmental Affairs Board . A formal presentation will also be required at the public hearing on the study . Award _of Contract The County reserves the right to reject any and all proposals received . If a contract for completion of the project is awarded by the County, it will be awarded to the firm which , after considering all pertinent factors, including cost, demonstrates that it possesses the skills, judgment, experience, and availability for convenient and prompt service in such degree as in the opinion of the County constitutes the best and most advantageous Proposal for the County. Although cost will be a consideration in the selection, it will not be the controlling criteria. A written contract may be entered into between the County and the successful Proposer, subject to the approval of the Board of County Commissioners and County Attorney. Where to Obtain Additional informal- Lon In the event additional information is needed to complete the Proposal , please contact Mr . Marvin Collins, Planning Director, Orange County, 306F Revere Road, Hillsborough, North Carolina 27278; Telephone (919) 732-8181 Extension 346 . (MARVIN:OSP-RFP ) DRAzi 1 114 - MINUTES ORANGE COUNTY PLANNING BOARD OCTOBER 28, 1987 The Orange County Planning Board met in special session on October 28, 1987 at 7:30 p.m. in Conference Room #1 at the Agricultural/Environ- mental Center, 306F Revere Road, Hillsborough, NC. PLANNING BOARD MEMBERS PRESENT: Chair Barry Jacobs and members Chris Best, Dan Eddleman, Peter Kramer, Betty Margison, Sharlene Pilkey, and Steve Yuhasz. PLANNING BOARD MEMBERS ABSENT: Prince Taylor, Michael Lewis, Brenda Swan and Virginia Boland. STAFF PRESENT: Planning Director Marvin Collins, Planner Gene Bell and Clerk to the Board Beverly Blythe. 1. CALL TO ORDER AND ROLL CALL Chairman Barry Jacobs called the meeting to order and announced that there was a quorum. Sharlene Pilkey asked the results of the Public Hearing held by Hillsborough October 27 and Collins indicated that his response was taken to the subcommittee and not to public hearing. The Planning Board to review the subdivision regulations etasleproposed the Hillsborough on November 16 with a recommendation to go to the Board of Commissioners on December 1. 2. CONSIDERATION OF ADDITIONS TO THE AGENDA None. 3 . PUBLIC CHARGE There were no members of the public present. 4. CHAIR COMMENTS Jacobs distributed to the Board members some articles from the President's Commission on the Out-of-doors. The meetings for the purpose of talking about open spacers will be national 5. MATTERS HEARD AT PUBLIC HEARING - 10/14/87 A. JOINT PLANNING AGREEMENT Marvin Collins presented for consideration a proposed three- party Joint Planning Agreement involving Orange County and the Towns of Chapel Hill and Carrboro. A public hearing was held on October 14 in which two concerns were voiced: (1) The residents of Fox Meadow Subdivision requested that the subdivision be left in the Rural Buffer area or placed in the Chapel Hill Transition Area but not approved as part of the Carrboro Transition Area II. (2) A resident of Calvander requested that the western boundary of the Carrboro Transition Area I be shifted in an easterly direction to follow the right-of-way lines of Dairyland and Hillsborough Roads. After the public hearing, the Planning Directors of Chapel Hill, Carrboro, and Orange County met with a representative of Fox Meadow Sub- division to review the concerns. The three planning directors decided that their preference would be not to shift the line. This was because DRAFT l„ when the line was first established several years ago it was at a time when Fox Meadow was in the very first stages of development and just because development occurred on one side of the road or the other was no basis for shifting the line. Another reason was that Carrboro agreed to come up with an agreement that Fox Meadow Subdivision would not be annexed involuntarily for a period of at least ten years. On October 20, 1987 Carrboro Board of Aldermen adopted the proposed Joint Planning Agreement and a Resolution of Intent to delay consideration of annexing Fox Meadow Subdivision for a period of ten years. On October 26, 1987 Chapel Hill Town Council adopted the pro- posed Joint Planning Agreement. Collins recommended approval of the Joint Planning Agreement as presented at the October 14, 1987 public hearing, including the technical corrections recommended by the County Attorney. He recommended holding off on the adjustment of the line boundary along Hillsborough Road, since the map was not subject to change at the public hearing. He proposed considering a possible adjustment at some later date as well as reviewing the northern boundary line of Transition Area II, particularly as it relates to Duke Forest. The one lot depth setback from the Forest results in a very erratic line. Betty Margison asked if there were any roads to the west of Fox Meadow that could connect to the development. Collins stated there were no roads in the area other than Old NC 86. Margison expressed concern that all 56 families in Fox Meadow want the line changed. Collins stated that changing the line could mean that anyone who wants to be in one jurisdiction or another could just voice opposition and the line would be changed. In his opinion, that is not sufficient justification to shift the line. The line was initially established b members of the governing boards of Chapel Hill and Orange County o the development of the Fox Meadow subdivision. 9 Y prior to different In request tlanomnChris Best, Collins explained the control that Carrboro would have over the gFox Meadow area. asked Coll about the that if the agreement is officially adopted and signed byllall stated jurisdictions, that before Carrboro and Chapel Hill gcan take lover hthe administration of their ordinances within designated Transition Areas they have to prepare zoning plans that are consistent with the Land Use Plan. The towns would also have to submit the zonin Areas, their Land Development Ordinances to the County for adopt a ion by references Once this is done, they take over administration a Permits and major subdivisions, with the County maintaining the pecial courtesy review. Collins indicated that administrative worked out between the three jurisdictions which would procedures uldoutline nthe number of public hearings, when amendments to the Joint Planning Agreement would be heard, etc. In answer to a question from Chris Best about the procedure Fox Meadow would follow in requesting a change of the line, Collins indicated that a petition would need to be filed, and the Planning Staff would work with them to prepare an amendment. MOTION A motion that if the agreementsis approvedrthatJathesp seconded by Betty Margison, Staff be directed to assist the people of FoxaMeadow Binrd reparingda that Use Plan amendment for the next appropriate Joint Planning Hearing g 1 10 JDELAFT 3 and that the Staff prepare another amendment to conform the line in Transition Area I to the center line of Old Highway 86. Collins stated that the reason the Planning Directors are resistant to shifting lines is that shifting the lines and taking land from one jurisdiction results in the jurisdiction losing land wanting compensation by acquiring land elsewhere. This means that the lines would be shifting back and forth so as to prevent one jurisdiction from obtaining more land area than the other. MOTION AMENDED Chris Best amended the motion to include that the Staff must be asked to help prepare an amendment -- that the residents of Fox Meadow should initiate the action and request help from the Planning Staff. Barry Jacobs indicated that the residents from Fox Meadow did attend the public hearings but were drowned out by Calvander residents. Collins stated that the line was never on the plan that went to public hearing. The line has always been stated in the agreement only. Steve Yuhasz stated that the line has not been set in stone and he feels Orange County has some flexibility in shifting the line since Carrboro has not been involved in the agreement until now. Peter Kramer disagreed with the motion as stated, since the citizens of Fox Meadow may at any time petition for a change in the line. MOTION RESTATED Meadow areBinterestedbin submittin his s motion. If the residents of Fox in preparing the appropriate amendmentpto�then�mapaandhthetaJointsPlanning Agreement. Marvin Collins clarified that if a petition is submitted which clearly states the problem and how the problem may be solved, the Planning Staff's responsibility would be to work with them in submitting this request to the respective boards. SUGGESTED MOTION Betty Margison suggested that in response to the concerns voiced by the residents of Fox Meadow, that a letter be sent from the Planning Board and Planning Director saying that the Board is aware of their concerns and should they petition at a future time, the Planning Staff is available to assist them. Peter Kramer asked that the reasons for not recommending a change in the line also be stated in that same letter. ORIGINAL MOTION WITHDRAWN Barry Jacobs withdrew his motion. MO Jacobs restated the motion as made by Betty Margison and amended by Peter Kramer: "The Planning Board recommends aroval of the Sta recommendation with the addition that the Planning Director and the Plan-f ning Board Chair send a letter to the residents of Fox Meadow expressing the Board's willingness to work with them if they wish to pursue an amendment to the line under the rules of the Joint Planning Agreement. Seconded by Chris Best. VOTE: DRAFT th AYES 6 • N r . OES, 1 (STEVE YUHASZ) 6. PLANNING BOARD ITEMS A. DRAFT RE UEST FOR PROPOSALS "RFT - OPEN SPACE PLAN preparation Marvin aCollinsh re psented a draft of re quest for proposals for the response to a need to address the issue ofpconservationaoferuraltylands In from a countywide perspective rather than limiting the focus to the Rural Buffer, a proposal was presented as art of the Department budget to prepare an open space/conservationl�plan8forl Oran ge County, utilizing in-house staff and consultant services. g presented the request for proposals which outlines the scope of work°tolbe ns performed. The study would consider the entire array of open space elements, including agricultural preservation, Duke Forest, floodplains watershed protection, natural areas or environmentally sensitive areas and elements such as utility easements existing or proposed, easements, public and private lands, either land would then bepaevaluatederfrom lands, stand standpoint remainder devr of the sensitivities. P of development NOTE: STEVE YUHASZ LEFT THE MEETING AT 8:25. space Collins that t identif the implementation plan for the open space network, including a review of current ordinances and what changes need to be made to develop a complete implementation program. Collins proposed that an Open Space Technical Advise be formed to review proposals and work with the consulting firm inoprepar- ation of the open space plan. The Committee would be comprised aof representatives from the agricultural community, the development sector, the Recreation and Parks Advisory Council, the Triangle Land Conservancy, OWASA, Duke University, y, and the Planning Board of Orange County, Chapel Hill, Carrboro and Hillsborough. A series of public meetings woul held to receive input from the citizens. d be the request approved by the Planning Board and Board of Commissioners quest would be sent to various consulting firms who have experience in the preparation of such studies. Collins presented a tentative , schedule. ve time Barry Jacobs expressed concern that the study may not be done in time to include any items that may have a budgetary for 1988-89. Collins indicated he felt the tud wouldctbenfare enough along that these impacts would be known in time to be included in the budget. the broad an objective.P ramerlexpressededconcern about the review of information already availablel�t of the the adopted by the time the consultant starts the natural Parks nven (if farm preservation, watershed protection studies, etcural areas inventory, MOTION Motion was made by Chris Best, seconded by Dan Eddleman to approveecthe draft requestinorfproposals and the time schedule/methodolor of Commissioners for their consideration°of°approval.forward the VOTE: UNANIMOUS. 318 Y , �. The Planning Board complimented Collins on the proposal, stating the proposal is thorough and very specific. They asked if the seven month time period was realistic. Collins indicated the time frame was similar to that of the Recreation Plan but may possibly take longer. 7. ADJOURNMENT With no further items for the Board to consider, motion was made by Betty Margison, seconded by Sharlene Pilkey to adjourn the meeting at 8:45 p.m. Beverly A. Blythe, Clerk O R A N G E C O U N T Y 119 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date November 2, 1987 Actiondliggpda Item I SUBJECT: PINEY MOUNTAIN - REVISED APPROVAL OF PRELIMINARY PLAN ACTION BY: November 2, 1987 DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT(S ) : INFORMATION CONTACT: Emily Crudup Application Vicinity Map Preliminary Plan Certification 9-25-87 Letter from Applicant 7-16-87 Letter from NCDOT 7-21 -87 Letter from NCDOT 8-25-87 Letter from NCDOT with attachment 10-5-87 Letter from NCDOT with attachments 10-19-87 Draft Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : Consideration of a revision to the preliminary of Piney Mountain, a cluster subdivision . plan approval BACKGROUND: On August 18, the Board of County Commissioners approved the preliminary plan for Piney Mountain Cluster Subdivision subject to eleven conditions . Among the conditions was the following: (4) Provide a left turn lane off Mt. Sinai Road with the final approval of Phase One. The applicant has submitted a request for a revision to the preliminary plan approval - to remove condition 14. Condition 14 resulted from a requirement in NCDOT' s initial response to Piney Mountain. The Planning Department subsequently received a series of letters from NCDOT which form the basis for both the original requirement for a left turn lane and the applicant's present request. The letters are summarized as follows. July 16, 1987: NCDOT response to subdivision review. NCDOT offered the following comments: 1 . Sight distance is adequate. 2 120 2. Horizontal curve data meets minimum N.C. Department of Transportation standards . 3 . Left turn lane on SR 1718 will be required prior to Phase Two construction. 4 . Right--of-way on cul -de-sac street bordering Lots 48 through 51 will be increased to fifty ( 50) feet. July 21> 1287 : NCDOT notified the project engineer that a divided driveway was approved. The letter also notified the applicant of the need to construct right and left turns on Mt. Sinai Road. August 25_, 1987: NCDOT notified the Planning Department that it no longer recommended a left turn lane on Mt. Sinai Road. It cited lack of a dedicated right of- way and insufficient road frontage for Piney Mountain sub division on Mt. Sinai Road as reasons for the change in recommendation . The following were instead recommended : 1 . One hundred ( 100) foot right turn taper on SR 1718. 2. Increase dedicated right-of-way to forty ( 40) feet from centerline for future road expansion . 3. Increase driveway width to thirty-six (36) feet to accommodate three (3) twelve ( 12) foot lanes . October 5 , 1987 : NCDOT notified the Planning Department that the thirty-six foot wide driveway into Piney Mountain subdivision was no longer required . The applicant had submitted a revised subdivision entrance eliminating the divided driveway. Without the divided driveway, the thirty six foot width was no longer needed . October 5, 1987 : NCDOT notified the project engineer that construction plans for Phase I of Piney Mountain were approved with two revisions : 1 . Increase pipe size at station 3+45+ to thirty (30) inches. 2. Provide a dedicated 10 'x70 ' sight distance triangle at each intersection within the development. The original Planning Staff recommendation was based on the July 16, 1987 NCDOT letter. The Planning Board, at its July 20 meeting, revised that recommendation by requiring con- struction of the left turn lane on Mt. Sinai Road as part of Phase One. The recommendation was approved by the Board of Commissioners at its August 18 meeting. The letter from h 121 3 NCDOT changing its recommendation with regards to the left turn lane was received nine days later. The entrance plan that accompanied the NCDOT letter to the Planning Department dated October 5, 1987 has been approved by NCDOT. It incorporates NCDOT' s current requirements : 1 . One hundred ( 100) foot right turn taper on SR 1718, 2. Increased dedicated right-of-way to forty (40 ) feet from centerline, 3. A dedicated 10 'x70 ' sight distance triangle at the intersection, and 4 . A recommended subdivision entrance 30 feet wide. NCDOT' s approval of the entrance plan is consistent with their August 25 letter which said that the left turn lane on Mt. Sinai Road was no longer recommended . At its October 19 , 1987 meeting, the Planning Board recommended that the preliminary plan for Piney Mountain be approved with the removal of condition #4. RECOMMENDATION: The Administration supports the position of the Planning Board and recommends that condition #4 be removed from the approval of the preliminary plan for Piney Mountain Cluster Subdivision . 11/95 ■ • APPLICATION FOR SUBDIVISION APPROVAL 122 QRANGE COUNTY DATE: Mav 291 1987 - SUBDIVISION NAME:. • Piney Mountain LOCATION: Mt. Sinai Rd. (S.R. 1718) approx. 1/2 mile west of Orange/Durham Co. line is rOWNER/DEVELDPER: , Mark O'Neal ADDRESS: Route 1, Box 29A TELEPHONE NO.: 364-7750 . Rouc.emont_ NC 27572 967-0857 • AGENT/CONTACT: Sam Reynolds/David Swanson TELE3HDNE NO . : 821-5074 �IunterReynolds.lewell, P.A. • A.. SUMMARY INFORMATION: I 'S 3`z`: Orange County Tax Map ....:.....§. B Lock , ---- - 'Lot(s) 3 Township Chanel `?i1 Zoning District(s) : Rural Buffer Tots( Number of Acres: 126.7 act Phases: Two (2) , Total. Number of Lots: 59 Average Lot Size: 46+ Minimum' Lot Si ze4QQ,.,Q Ls. Number/Type of Structures : [existing) , 1 House (proposed], • 7,940 Acres in Open Space 54.34 Lineal Fset 1n Streets. ~Oise Supply;• Pnblic(epseify) �Comsunity I ,,.Individual Yastenater Di epos*l:, Pub Li c(speci fy 1 _Z_Commun 1 ty Indi vi dua L Schoo L Di stri et: C unty Sahool Grad Browii-A. L. Ft Di stri ct: r.no 7' . ireDistrict --General" Land Uses in Ares `R-angeragn Critical Areas: ....Lstreear/dreinageseys X flood prone areas watershed(epecify) _ _historic sites • other(exp lai n l., S. ALL plats must be submitted on sheet no smeller than one inch. equals two— hundred feet (115200' 1 and. no Larger than one inch aqua Ls fifty feet• (1 "=S0' ) and must contain the fa L Lowi ng information : _- v ± _ . Weenie/eiaw some X gt building S•tm••!e Lineg h'- nose of awtar(•l �{: by n*tesiee or typical let sews- of sores r. sesioesr or : �'`'. Layest eck Items x:- La•d planner 1~ X 'QA, aelstieg and proposed u•a- �mp1eted) '` (title] pruLtslrery plea ",:;,..,z:: emote (drslnsga. .esl lltiss, - -. - . '-' S� basis, north •rron (Norte at .:. reeds.. gta.1 v .. .: tell if mull .-- insisting, proposed sod •'- date (lestadieg revision dated :*,r ad./Owing rigete sfray ' tamable, tae •sp.vblesh—let f inslsding disessioe* sea - " . roterees•e :: street noses and stets reed }: v'``: . -. - _ - �`" beaadsry deoarl0•d .tta• X J�,�; areser• y , bearing■ red diseases •• saluting and proposed X. '.x total acreage of the treat • .rte utilities. - 1ncLuding ., - - • ..5:::: sad sem,. of lets, larledtng typo. sizes. - - h%>:.< end uoleding arse vitals ,:::::�:. hydrants, valve* sod - _ .- .. - - '' : _ rights•vf—.•y �( `r,':': eases lea - ..-... tiY eantrel earner' - .-''" seining end proposed ealvert - g :^''•E prepseed let linos with • s iseLedies elzge sus grades dimeeslone _J typical, street •teas■ssotlsne ' A } at naasers• snd leserao*tioe decal la Y peering Linos 1ostoding assign and width sopsgrsphy it ten foot (11,1 ?. of trove/say end shoulders fir:. IPSSrve to x •-"'-: beri zaete L alignment and r:'•,:- ester bodiless atreees, fteed•• general. carve data (paella : r w• ;: say soul donee/elan !F:; reeds! : eerie* buffers end notation X :•rte+! pereensst faeteres Seed se :;max 1in■ieatleg restricted ••, buildings. eeouterlse. `<_ ' dutdtOneidt gdtentidt �: blstSPlS ltedeerhI, A u tsvauhlp, sarpor'its and 'intro* X'; , adjoining let tdyoot '<••- tarrlt0Piel planning - noses of edisieleg property ,. Jsrlsolssiss lines shies esasrs cad •uodivislsne • , Grose tee property ' X { Lasalle* and •ita of Pores(' dedle:tsd for publlu use se reserved X "' in sesame WSW es end el as of lets of r ■ ri clad dove Wessel petentl a I sod d notation on Piet r•oerding anon – 1W Yr. Flood Plain Line. •sgrowing, saaagement plan indicating prevision for control of She first 1/2 Inch of .,...■ •-.,_ • . OTHER+.5UBMITTAL REQUIREMENTS: " 12 e- 1 . Twenty—six (28] 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 is not available. a Latter from the Orange County Health Department certifying the proposed wastewater system for each .let: the. applicant, hereby certify that the foregoing application is complete and curets. : I understand that a $210.00 faa ( subdivisions of 15 Lots or lassl • .x $370.00 fee (subdivisions of IS Lots or more) is due at the time • of plicatlon . A $5.00 per Lot fee is due at the time the final plat is esented for recordation . PLICANT'S SIGN TUBE OWNER 'S SR TURE ?? • 2.7776;47 TE • DATE • • FEES: Amoant , 14-26,06. Data Paid 'S-Z4?- 7 Receipt , (585 # , • .. �. 1 � 1110UMT_AIM zo.,,,,-._ eueaL ewe aPPL4C,dAIT= MAzx 0101.I641 31z rn s, .=` 3 Ci )14\66_ i 9697 32 , • 33 -8� r a , 0 11 0�6 6AC. bib JET II s 0 loll . 4 -i- . 88 .� t 9035 4 i .. r ) ;.. 0 ' - ( ,_ 0 '• % -53A2°aG 1709 !/ . • '--. -r 5�2 y f/� - FR R8 7 AC. �i -•- FO ` / i QTik' ` 10.75 AC.CAL. - be©�i OLt 9G,v� \ML'SIM/u NPTIST CIWACM - �, � `I Sew`\� - - 3 , I 1• Vie \\ I I ' . j r MAP 15B ���� rr II SEE BEECH BWFF I • \ C)1, 125 PINEY MOUNTAIN 11 /85 ORANGE COUNTY. DERTJFICATION AND APPROVALS - PRELIMINARY PLAT STAFF ASSIGNMENT: Emily Crudup SKETCH PLAN: Received , 5-20-87 Reviewed 5-20-87 PRELIMINARY PLAT: Received . 5-28-87 Reviewed 6-9-87 REVISED PRELIMINARY PLAT: Received 7-8-87 Reviewed NCDOT: DATE. 7-9-87 CERTIFICATION J. M. Mills, District Engineer SCHOOL BOARD (Orange/Chapel Hill -Carrboro) : DATE, _ CERTIFICATION. UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance//DUrhaim) DATE OTHER: Recreation Advisory Council M.A. Black 7-8-87 (Date) Carrboro Fire Department (Date) Chapel Hi l l J.B. Culpepper 7-6-87 (Date) Carrboro (Date) Hillsborough (Date) Durham (Date) Other -- SSE - W. Faircloth 7-9-87 (Date) Duke Forest Advisory N. Christensen 7-28-87 (Date) Committee PLANNING BOARD: Date 7-20-87 Approval - Approval with Conditions X Denial Date . 10-19-87 Approval with revised conditions BOARD OF COMMISSIONERS : Date 8-18-87 Approval Approval with Conditions Denial PLAT RIVER, ECEIIVE PROPERTIES RED MOUNTAIN ROAD ROUTE 3 BOX ZERO ROUGEMONT • NC • Z7572 126 - 919477-5585 VZ C 87 /°4-gSE c cE, 7- /9- G.• 74 ,v /t-rtrr o ve co.yei; 717 ,1/ - t o w Zoic 2 o vA/ 0 7e /;✓s 41064,97".-1-7//:/ st.,61(14,ciox . Q G‘ S 7 /,S L 7 4 iV C ,O O 7� o i✓.S' pcon„ /NA. 3 /?7 /77///$ /XIS 72 ./c7- Z.i.1/NEEZ I olki✓ 7L/‘9 /nvi Ac 01 UA//A /E /�/1-Al- o / Gci y ,4irv� A/� / Com �EM �i, CWZeE/4r 7 7L/c'fi/ GoAt..C;d E 7 ONS d'o ,Yof �yny¢iw t - Ze-‘74 4AA(s( f 1A2W Z'9NE . ARC .moo,, ;Eat 4- ,(Es, /eE 7t R/ 7 n thAto/19/z,( /IBC d l S • �7 GL 5 �E/ a v/�! •►,E �✓74 C ol� /9 '� � � S s/�+ra( /9Afa� f"AE 3 6 / 7Ll (2 Aff,/zo i' . � � S //9/itoe. /07 •AA7fo' ) 127 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G.MARTIN July 16, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E.HARRINGTON GEORGE E.WELLS,P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Ms. Emily Crudup Orange County Planning Department 306-F Revere Road Hillsborough, NC 27278 Subject: Piney Mountain Subdivision Off SR. 1718 (Mt. Sinai Road) Dear Ms. Crudup: After review of the subject preliminary plan, we offer the following comm ents: 1. Sight distance is adequate. 2. Horizontal curve data meets minimum N. C. Department of Transportation standards. 3. Left turn lane on SR 1718 will be required prior to Phase Two construction. 4. Right-of-way on cul-de-sac street bordering Lots 48 through 51 will be increased to fifty (50) feet. If you have any questions regarding this development, do not hesitate to contact this office. Yours very truly, J. M. Mills, P. E. DISTRICT ENGINEER JMM/SPI:jbh An Equal Opportunity/Affirmative Action Employer ,t•- 12 8 -� ,7, STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION • Graham, NC 27253-0766 leigezeived 7z3-9 7 JAMES G.MARTIN July 21, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E.WELLS.P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Mr. Tony Withers, P. E. Withers and Ravenel, P. A. 1149 Executive Circle Cary, NC 27511 Subject: Piney Mountain Subdivision Off. SR. 1718 (Mt.. Sinai Road) Dear Mr. Withers: This is to advise that preliminary approval for a divided driveway has been given by our Division Office in Greensboro. It will be necessary to submit- detailed plans of the proposed drive- _: way and island, including drainage plans, to this office for further review. In addition, please note, that right and left- turn lanes will be required on Mt. Sinai Road due to the size of the development. Orange County Planning has been advised of this by letter. If you have any questions regarding this development, do not hesitate to contact this office. . - Yours very truly, M. Mills, P. E. = _ = DISTRICT ENGINEER •- - JMM/SPI:jbh / cc: Ms. Emily Crudup8 - - - An Equal Opportunity/Affirmative Action Employer it• 129 STATE OF NORTH CAROLINA ReClopex. 8-27 DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN August- 25, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E.WELLS,P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Ms. Emily Crudup Orange County Planning Department 306-F Revere Road Hillsborough, NC 27278 Subject: Piney Mountain Subdivision Off SR 171& (Mt. Sinai Road) Dear Ms. Crudup: Due to the lack of road frontage available on SR 1718, this office will not recommend a left turn lane as referred to in a letter to Mr. Tony Withers dated July 21, 1987. Since the Department of Transportation does not have a dedicated right- - of-way on SR 1718 and the owner does not have sufficient road frontage to accommodate a turn lane, we feel the potential exists for a possible conflict between property owners. In lieu of a turn lane, the following is recommended: 1. One hundred (100) foot right- tura taper on SR 1718. 2. Increase dedicated right-of-way to forty (40) feet from centerline for future road expansion. 3. Increase driveway width to thirty-six (36) feet to accommodate three (3) twelve (12) foot lanes. These recommendations are shown on the attached sketch. Please have the entrance plans revised accordingly and resubmit to this office for approval. If you have any questions or if the county is requiring additional im- provements, please contact this office as soon as possible. Yours very truly, JMM/SPI:jbh J. . Mills, P. E. Atte. I / STRICT ENGINEER cc: Mr. Tory Withers with attachment `. Mr. Mark O'Neal with attachment An Equal Opportunity/Affirmative Action Employer _ ttwwea $ Z7 Y u 1 C 1 •a E 130 w wi • is L vi 3 ca O c • u o ti c cc W _ • • C 01 • J to — C C K I C. to - 0. C ei el a W a v I • al W i 0 Wy pi v 0 \‘• '? F Yl Jf• . . / . /� ...__ _... ...,' . / ' • -44tfreD.1- • 1.(:) • r el ilir:AalliPP- ." 111, - I - / .4111y/ /y a cad • lly . 0 tc cf- ■ OF 1%:, 131 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G.MARTIN October 5, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E.WELLS,P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Ms. Emily Crudup Orange County Planning Department 306-E Revere Road- Hillsborough, NC 27278 Subject.: Piney Mountain Off SR 1718 (Mt. Sinai Road) Dear Ms. Crudup: This is to advise the attached driveway arrangement meets the N. C. Department. of Transportation, Division of Highways' minimum standards and stands approved. The thirty-six (36) feet referred to in my letter of August 25, 1987, was to be used in conjunction with a divided entrance plan. Due to possible maintenance problems and excessive fill in this area, the developer decided to use the single, two-lane entrance; therefore, the thirty-six (36) foot entrance is no longer required. This revision has been incorporated in the final plans for approval. If there are any questions, or if the county is requiring other improve- ments, please advise. - Yours very truly, 11111°41 Mills, P. E. ISTRICT ENGINEER JMM/SPI:jbh Atta. - cc: Mr. Mark O'Neal Mr. Tony Withers An Eoual Opportunity/Affirmative Action Employer -_.� - - __. - V 0 , 0 Jr' isi T'Zo 15' r D Z 0 I....I �ou� - E E c'r Pfi...V EME 7d DtSo �IG1-tTtA �LE -� ~ ~ PE ISLE-. S a U'fE y'r�C Prr S,rs - 1 . ‘4:04-4-0 -•- vEp - — a��_ -O+OO•S4 =0+0C:$ BASE uwe . _ _ S.R. 171$ . �_ — • S -- PLAN . /d rev `0 7 dY '1 6 w 133 t' iL*j STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G.MARTIN October 5, 19&7 DIVISION OF HIGHWAYS GOVERNOR JAMES E.HARRINGTON GEORGE E.WELLS,P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Mr. Tony Withers Withers and Ravenel, P. A. 1149 Executive Circle Cary, NC 27511 Subject: Piney Mountain Subdivision - Phase I Off SR 1718 Dear Mr. Withers: . Attached, please find- a copy of the approved construction plans. Approval is given subject to the revisions shown in red on the attached plans, which are as follows: 1. Increase pipe size at station 3+45* to thirty (30)- inches. 2. Provide a dedicated 10' x 70' sight distance triangle at each intersection within the development. Please be. advised this approval pertains to Phase One only and should - not be construed as -final approval for any part of Phase Two. It will be necessary to contact Mr. Pat Ivey to set up a schedule for subgrade, stone and asphalt inspection. Density and moisture content tests -- may be requested if conditions warrant such tests as determined by the inspector. The developer shall be responsible for obtaining such tests. If you have any questions, .do not hesitate to contact this office. = Yours very truly, J M. Mills, P. E. JMM/SPI:jbh .__. - DISTRICT ENGINEER Atte. - . cc: Ms.. Emily Crudup 4 Mr. Mark -O'Neal - 134 DRAFT PLANNING BOARD MINUTES OCTOBER 19, 1987 MEMBERS PRESENT: Barry Jacobs (Chair ) , Chris Best, Dan Eddleman, Peter Kramer, Mike Lewis, Betty Margison, Sharlene Pilkey, Prince Taylor, Steve Yuhasz. MEMBERS ABSENT: Virginia Boland (excused ) . Brenda Swann ( unexcused ) . STAFF PRESENT: Marvin Collins, Greg Szymik, Emily Crudup, Joanna Bradshaw . Eddie Kirk arrived at 7 :55 p.m. AGENDA ITEM #7 : SUBDIVISION APPLICATIONS /r, a. Preliminary Plat (Total - 59 Lots) Revision-Piney Mountain Subdivision (59 Lots - Chapel Hill Township) Presentation by Emily Crudup. On August 18, the Board of County Commissioners approved the preliminary plan for Piney Mountain with the following conditions : ( 1 ) Show the new right-of-way line for Mt. Sinai Road as a boundary line on the plat. (2) Show the Type B Buffer line 301 from the new right-of-way line of Mt. Sinai Road (SR 1718) . (3) In Phase Two, post a sign at the end of Twin Pines Lane cul-de-sac to indicate the intended future extension of that road. (4) Provide a left turn lane off Mt. Sinai Road with the final approval of Phase One. (5 ) Improved recreation space must meet the requirements of Section IV-B-7 of the Subdivision Regulations including off street parking. (6) Provide a 50-foot right-of-way on Twin Pines Lane along the entire length to the boundary line. 2�3 5 (7 ) Post signs to prohibit swimming in the existing pond. (8) A copy of the July 28, 1987 memorandum from the Duke Forest Advisory Committee should be submitted to the developer and the NC Division of Environmental Management for use in preparation, review, and approval of the low pressure sewage disposal system permit. (9 ) In order to clarify the purpose of land being dedicated to Orange County, the final plat should label the site "Land dedicated to Orange County for recreation and/or open space purposes. " ( 10) The preliminary plan for Piney Mountain should be considered with the deletion of lot number 59 from Phase Two. ( 11 ) Direct the Planning Board to review restrictive covenants with the final plat. The applicant has submitted a request for a revision to the preliminary plan approval . The requested revision is to remove condition 14, construction of a left turn lane on Mt. Sinai Road with the final approval of Phase One. The condition resulted from a requirement in NCDOT' s initial response to Piney Mountain. The Planning Department subsequently received a series of letters from NCDOT which form the basis for both the original requirement for a left turn lane and the applicant's present request. The letters are summarized as follows. July 16. 1987 : NCDOT response to subdivision review. NCDOT offered the following comments : 1 . Sight distance is adequate. 2. Horizontal curve data meets minimum N.C. Department of Transportation standards. 3. Left turn lane on SR 1718 will be required prior to Phase Two construction. 4. Right-of-way on cul -de-sac street bordering Lots 48 through 51 will be increased to fifty (50) feet. July 21 , 19871_ NCDOT notified the project engineer that a divided driveway was 3 136 _ approved. The letter also notified the applicant of the need to construct right and left turns on Mt. Sinai Road. Augus.t 25, 19$7 : NCDOT notified the Planning Department that it no longer recommended a left turn lane on Mt. Sinai Road. It cited lack of a dedicated right-of-way and insufficient road frontage for Piney Mountain subdivision on Mt. Sinai Road as reasons for the change in recommendation. The following were instead recommended : 1 . One hundred ( 100) foot right turn taper on SR 1718. 2. Increase dedicated right-of-way to forty (40 ) feet from centerline for future road expansion. 3. Increase driveway width to thirty-six (36) feet to accommodate three (3) twelve ( 12) foot lanes. October 5_, 1987 : NCDOT notified the Planning Department that the thirty-six foot wide driveway into Piney Mountain subdivision was no longer required. The applicant had submitted a revised subdivision entrance eliminating the divided driveway. Without the divided driveway, the thirty-six foot width was no longer needed. Dctober 5, 19871 NCDOT notified the project engineer that construction plans for Phase I of Piney Mountain were approved with two revisions: 1 . Increase pipe size at station 3+45+ to thirty (30 ) inches. 2. Provide a dedicated 10 'x70 ' sight distance triangle at each intersection within the development. The original Planning Staff recommendation was based on the July 16, 1987 NCDOT letter. The Planning Board, at its July 20 meeting, revised that recommendation by requiring con- struction of the left turn lane on Mt. Sinai Road as part of Phase One. The recommendation was approved by the Board of Commissioners at its August 18 meeting. The letter from NCDOT changing its recommendation with regards to the left turn lane was received nine days later. The entrance plan that accompanied the NCDOT 137 4 letter to the Planning Department dated October 5, 1987 has been approved by NCDOT. It incorporates NCDOT' s current requirements: 1 . One hundred ( 100 ) foot right turn taper on SR 1718, 2. Increased dedicated right-of-way to forty (40 ) feet from centerline, 3 . A dedicated` 10 'x70 ' sight distance triangle at the intersection, and 4. A recommended subdivision entrance 30 feet wide. NCDOT's approval of the entrance plan is consistent with their August 25 letter which said that the left turn lane on Mt. Sinai Road was no longer recommended . The Planning Staff recommends that the preliminary plan for Piney Mountain be approved with the removal of the following condition : (4) Provide a left turn lane off Mt. Sinai Road with the final approval of Phase One. Best asked why NCDOT was requiring an increase in the dedicated right-of-way to forty feet. The developer, Mark O 'Neal , noted that NCDOT had explained to him that It would give them more - flexibility in the event the left turn lane needed to be added at a later date and the Duke Forest properties across the street would not supply the right-of-way needed. Also, after conversations with O' Neal 's engineer, Mike Mills (NCDOT) stated they did not have a traffic count that indicated the need for a left turn lane. Eddleman inquired about the number of lots in each phase and Mr. O'Neal responded 24 in Phase One and 35 in Phase Two. MOTION: - Lewis moved approval of Planning Staff 's recommendation. Seconded by Yuhasz. Best asked if the developer had tried to secure the land needed to provide a left turn lane. Mr. O' Neal responded that he had not done so since the information from NCDOT and his engineer did not - indicate such a need. Collins noted that one of the issues that Staff was trying to emphasize was that when DOT was asked to reconsider their initial recommendation for a left 138 5 turn lane, they reached a decision that a left turn lane was not needed based on the existing traffic plus the anticipated traffic from Piney Mountain. Mr. O'Neal noted also that changing the entrance road from one with an island to a straight standard NCDOT entrance seemed to improve the situation as seen by NCDOT. Best indicated he did not see a need for a left turn lane requirement simply for fifty-nine lots. Jacobs stated that the delay in approving Piney Mountain had proven to be to the developer' s advantage in regard to the left turn lane. VOTE: Unanimous. b . Final Plats (Total - 29 Lots) 1 . Timberwood Farms (9 Lots - Cheeks Township) Presentation by Emily Crudup. The property in question is located in Cheeks Township on the south side of Bushy Cook Road (SR 1137 ) . It is referenced as Lot 6 of Tax Map 44, which is also shown on Tax Map 49. The tract has access to Bushy Cook Road. It is bordered by residential and agricultural land uses. The zoning designation is A-R with the PWII overlay district. The total acreage of the tract is 113.45 acres . 38.53 acres are to be divided into nine lots which average 4 .28 acres in size. The minimum lot size is 1 .87 acres . 74.92 acres will remain in the residual tract. The Planning Board reviewed the preliminary plan on February 2, 1987. On February 24, the Board of County Commissioners approved Timberwood Farms with one condition based on the Planning Board 's recommendation. The condition of approval was that Timberwood Trail be designated as a Class B private road with curves meeting minimum NCDOT centerline curve radius. The final plat complies with this condition. The Planning Staff recommends approval of the final plat for Timberwood Farms. MOTION: Best moved approval . Seconded by Eddleman. VOTE : 8 in favor. 139 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date November 2, 1987 Action da Item # _ SUBJECT: SUBDIVISION REGULATION AMENDMENT - SECTION IV-B-3-c-8 MARGINAL ACCESS STREETS ACTION BY: No time limit DEPARTMENT: PLANNING PUBLIC HEARING Yes x _ No ATTACHMENT(S ) : INFORMATION CONTACT: Greg Szymik Existing Regulation Section IV-B-3-c-8 Proposed Revision to Section IV-B-3-c-8 8-24-87 Public Hearing Minutes 10-18-87 Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of a proposed amendment to Section IV-B-3-c-8 of the Subdivision Regulations. This item was presented at public hearing on August 24, 1987 . BACKGROUND: Section IV-B-3-c-8 of the Subdivision Regulations is proposed to be amended by specifying forms of common or restricted access to lots in new subdivisions along major roads. The amendment is intended to provide more control over the number of access points that will be created along major roads, thereby reducing conflicts between through traffic and turning vehicles . The Planning Board met on October 19, 1987 to make its recommendation on the proposal . Planning Board members were concerned about two aspects of the proposed amendment: 1 ) whether it should be permissive as proposed, i .e. , " . . .the subdivider max be required . . . " or be mandatory; and 2) the effect of insufficient traffic count data on a requirement that is based on existing traffic volumes. Based on these concerns, the Planning Board recommended that the proposed amendment be referred back to the Ordinance Review Committee for further consideration . RECOMMENDATION: The Administration recommends approval of the Planning Board recommendation ; i .e. , that the proposed amendment be referred back to the Ordinance Review Committee for further consideration . 140 PROPOSED ORDINANCE AMENDMENT ORDINANCE : Subdivision Regulations REFERENCE: Section IV-B-3-c-8 Marginal Access Streets ORIGIN OF AMENDMENT: Staff x Planning Board _ BOCC Public Other : STAFF PRIORITY RECOMMENDATION : High_xMiddle Low Comment: EXPECTED PUBLIC HEARING DATE: August 24, 1987 PURPOSE OF AMENDMENT: To amend Section IV-B-3-c-8 of the Subdivision Regulations to strengthen access controls on arterial and collector roads. IMPACTS/ ISSUES : There has been increasing concern among Planning Board members about the effect of driveways on major highways in Orange County . The Planning Board is concerned that as land along major County highways develops, both the amount of traffic on the highway and the number of driveways will increase. There will also be increasing conflicts between vehicles turning into and out of driveways and through traffic. These conflicts will create a safety problem and, potentially, a need for road widening that might be avoided if some control is placed on the location of driveways . These concerns can be addressed by creating or strengthening access restrictions to major County highways from parcels of land created under the Subdivision Regulations . It is during subdivision review and approval that the number and location of driveways can be controlled. It is also through subdivision review and approval that lot configurations can be developed that will allow for access provisions other than individual driveways and lot dimensions that will permit desirable driveway locations with regard to intersecting streets. Being part of the subdivision regulations, these requirements would apply to only the 2 191 creation of new lots. Existing lots would not be made non-conforming as would be the case if these provisions were incorporated in the Zoning Ordinance. This is consistent with the concern that additional development will create the conflicts cited above. EXISTING ORDINANCE PROVISIONS : 1V-B-3-c-8 Marginal Access Streets Where a subdivision adjoins a heavily traveled street, in the interest of highway safety, the subdivider may be required to provide either a marginal access street parallel to said heavily traveled street or reverse frontage on a smaller street. Where access is available to any internal subdivi- sion street, whether by reverse frontage or other lot arrangement, private driveways shall not have direct access to said heavily traveled street. It is the intent of this section to minimize the number of points of egress and ingress to main roads within Orange County. PROPOSED AMENDMENT: IV-B-3-c-8 Access_ Restrictions Where a subdivision adjoins a street classi - fied_ as arterial or collector in the Orango County Land_ Use Plan, in the interest of highway safety, the subdivider may be required to provide a common driveways a marginal access street parallel to the arterial or collector, or reverse frontage on a smaller street whert the only access to the subdivision will _be from an arterial or collector and when the arterial of cgjlector that the subdivision will access has a traffic volume of more than 5,000 vehicles count. Where access is available to any internal subdivision street, whether by reverse frontage or other lot arrangement, private driveways shall not have access to the arterial or collector . It is the intent of this section to minimize the number of points of egress and regress to main roads within Orange County. 142 D THERE. WERE NO FURTHER COMMENTS AND THE PUBLIC HEARING WAS CLOSED. 18 Motion was made by Commissioner Hartwell, seconded b Halkiotis to refer this item to the Planning by Commissioner for consideration to be presented to the Board ofeCommissionersooneOctober 5, 1987. VOTE: UNANIMOUS. b. Article 6. 16.6 - Home Occupations (Rural Buffer) Article 6.23.4 - Impervious Surface Ratios (RB) Article 7.2. 1 - PD Districts (RB) • Article 9. 11 - Permitted Signs (RB) Article 12. 10 - Landscaping/Screening (RB) complete tGeegr£zymlkcstaled the purpose of these amendments would b zoning district which was created In Ordinance January, 1987. new Rural be to would add Rural Buffer t Buffer substance change in the way othe elend szone oclassificationnwoulde ha died. constitute a THERE WERE NO COMMENTS AND THE PUBLIC be handled. UBLIC HEARING WAS CLOSED. Motion was made by Commissioner Wilihoit, seconded by Commissioner Hartwell to refer this item to the P a recommendation for consideration to be presented antongthearBoardthof Commissioners on October 5, 1987. VOTE: UNANIMOUS. a..___Sgctinc_11=EmE=c_Lnnla .aaina_t_iieztixe_latel Commissioners adopted regulations stated to on March he, mend the went of effect. Al- that time it was ° clarify when the amendments went Into were received by the County questioned how subdivision applications that were receive would be amended the suspended period would be treated. 1987. by adding an effective date of March 24, Motion was made by Commissioner Halkiotis to refer this Commissioner Planning Board by recommendation to be presented to the Board of Commissioners on October 5, 1987. 9 Board with a VOTE: UNANIMOUS. ^11 1 m^r2xpmQtIL Greg Szymlk explained that Section V identifies the of security that may if security In e y be used to guarantee construction of requireed approved subdivisions. The amendment would delete cash as an acceptable form of security and add escrow agreements as a n ew form of 7 security for required improvements. Motion- was made by Commissioner Hartwell, seconded by Commissioner Halkiotis to refer this item to the a recommendation to be presented to the Board of Commissioners on October 5 1eco Planning on Board with 5, VOTE: UNANIMOUS. ' 0 Sena alp._.!v a _ =c=11_:_tazclnr'__6rzea___tze at=_ibmsa� Greg 5zym i k ex 1 L6d.J�_lYel�C Regulations i p ained that Section 1V-B-3-c-8 of the Subdivision s proposed to be amended by specifying forms of common or restricted access to lots in new subdivisions along major streets. • I30A 143 9 Section iV-$-3-c-10 would place restructions on the r he nuTher and IoctTon driveways that will be allowed in new subdivision. The amendments are ere re intended to provide more control on the number along major roadways, reducing between and Iocth ou of driveways turning vehicles, and maintaining conflicts g thesafety and carrying ing acaala any of major streets. pacity G. _-IIEMS_EDB_DECIII M(___BEEUL6B.2CEBQ6_=_ASEiBEBLI_QEYELDEMEEI With no further items to be considered by the Board, Chair adjourned the meeting at 12:35p.m. The next regular meeting willMbeshell ld on September 8, 1987, 7:30 p.m. In the courtroom of the Old Courthouse, Hillsborough, North Carolina. Beverly A. Blythe, Clerk Shirley E. Marshall , Chair Joanne Bradshaw, Admin. Secretary • • • 144 8 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 ) . The conditions have been met. A homeowners association has been established, each lot contains at least 43,560 square feet (one acre) , and a sewer easement has been provided for lot #8. The Planning Staff recommends approval of the final plat, subject to the following conditions : 1 . Submission of a deed from the developer to the County for the 8 .55 acre tract designated as "Dedicated Open Space (For Public Use ) ", acceptance of the tract by the Board of County Commissioners, and recording of the deed contemporaneously with the recording of the final plat. 2. Designation of lot numbers for the "Common Area" and "Dedicated Open Space". MOTION : Kramer moved approval . Seconded by Yuhasz . Jacobs asked if the applicant had contacted the Triangle Land Conservancy about donation of the common area. Kirk responded that the applicant had discussed the possibility with the Land Conservancy but had decided to retain the common area under the homeowner association. VOTE: 8 in favor. 1 opposed (Pilkey - objected to the sewer easement) . AGENDA ITEM #8: MATTERS HEARD AT PUBLIC HEARING - 8/24/87 pa. Subdivision Ordinance Text Amendments ( 1 ) Section IV-B-8-c-8 Marginal Access Streets Presentation by Greg Szymik. Section IV-B-3-c-8 of the Subdivision Regulations is proposed to be amended by specifying forms of common or restricted access to lots in new subdivisions along major streets. Section IV-B-3-c-10 would place restrictions on the number and location of driveways that will be allowed in new sub- divisions . The amendments are intended to provide more control on the number and 145 • location of driveways along major roadways, reducing conflicts between through traffic and turning vehicles, and maintaining the safety and traffic carrying capacity of major streets . Szymik stated that the basis of the amendment is to change some of the terminology in Section IV paragraph 8 both to strengthen the amount of control that can be placed on the location of driveways and to change some of the terminology so that it is more consistent with other planning documents with regard to development control in Orange County. (Copy of proposed amendments as attachment pages of these minutes) . Eddleman asked what the controlling document was for the traffic volume used. Szymik responded that the number of 5000 vehicles per day was derived by the level of service as indicated for level of service C by NCDOT. Best indicated that he felt a count of 5000 was too high and noted he would like for it to be lowered to 3000. He expressed concern with the difficulties of getting up-to-date traffic counts. Eddleman expressed concern with those roads on which no traffic count was available and possible future development would be requested. He continued that selecting a lower number could possibly help alleviate such a problem. Yuhasz indicated that there is a proposal before the Ordinance Review Committee to require a traffic analysis on projects of a certain level or those projects where the concerns would justify a traffic study. There was much discussion about volume and how to define traffic volume with the majority of the Board being uncomfortable with any par- ticular number being chosen as a base for number of vehicle trips per day. Kramer noted that he felt that traffic counts were often incorrect due to the locations at which they were taken. With the Board so concerned about traffic counts, he felt this amendment was not ready for a vote. MOTION : Eddleman moved approval with deletion of artd when the arterial pr collector that the • U .• - . - . 10 # - . 146 10 to the most recent traffic count. Seconded by Kramer. Yuhasz commented that he felt this gave no guidance to the general public noting that this seemed to be very indefinite. AMENDMENT TO MOTION : Yuhasz asked for an amendment to the motion to change the number from 5,000 to 3,000 and leave the balance of the amendment as proposed . This amendment was accepted by Eddleman and Kramer. VOTE : 4 in favor. 5 opposed. MOTION : Margison moved to change the word "may" to "will " and 5,000 to 3,000. Seconded by Best. Szymik cautioned the Board against adopting any proposal that was mandatory. The Subdivision Regulations do not have a variance procedure. If the proposal was adopted with mandatory language it would leave the County with no option with regards to subdivisions where application of these access restrictions would create a hazardous situation. The County would either have to approve the application with hazardous access or deny the subdivision. The permissive language in the original proposal would give the County latitude in applying the access restrictions and is recommended by Staff . MOTION: Best withdrew his second to the motion by Margison and moved to reconsider the previous motion of only changing 5,000 to 3,000. Seconded by Kramer. VOTE: 7 in favor. 2 opposed (Lewis & Margison - both felt the proposal was too confusing and needed more work) . MOTION: Pilkey moved to withdraw the proposal and send it back to the Ordinance Review Committee for further consideration of traffic impact analysis and the problem of insufficient data as well as consideration of the significance of the word "shall " or "will " as opposed to "may". Seconded by Kramer. VOTE : Unanimous. IV-B-3-c-10 Driveways Point #2, add the following statement: • x O R A N G E C O U N T Y 147 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date November 22. 1987 Action Agenda Item #�4 SUBJECT: SUBDIVISION REGULATION AMENDMENT - SECTION IV-B-3-c-10 DRIVEWAYS ACTION BY: No time limit DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S ) : INFORMATION CONTACT: Greg Szymik Proposed Revision to Section IV--B-3-c-10 8-24-87 Public Hearing Minutes 10-19-87 Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of a proposed amendment to Section IV-B-3-c-10 of the Subdivision Regulations. This item was presented at public hearing on August 24, 1987 . BACKGROUND: Section IV-B-3-c-10 is a new paragraph in the Subdivision Regulations. It would place restrictions on the number and location of driveways that will be allowed in new subdivisions . The amendment is intended to provide more control on the number and location of driveways along major roads, thereby reducing the number of conflicts between through traffic and turning vehicles, and maintaining the safety and traffic carrying capacity of major roads. The Planning Board met on October 19 , 1987 and recommended approval of the proposed amendment with minor revisions to clarify the meaning of the amendment. RECOMMENDATION : The Administration recommends approval of the proposed amendment as recommended by the Planning Board . 148 PROPOSED ORDINANCE AMENDMENT ORDINANCE : Subdivision Regulations REFERENCE : Section IV-B-3-c-10 Driveways (Proposed ) ORIGIN OF AMENDMENT: Staff x_ Planning Board BOCC Public Other : STAFF PRIORITY RECOMMENDATION: High xMiddle Low Comment: EXPECTED PUBLIC HEARING DATE: August 24, 1987 PURPOSE OF AMENDMENT: To create a new Section IV-B-3-c-10 to define driveway locations on arterial and collector roads. IMPACTS/ ISSUES : There has been increasing concern among Planning Board members about the effect of driveways on major highways in Orange County. The Planning Board is concerned that as land along major County highways develops, both the amount of traffic on the highway and the number of driveways will increase. There will also be increasing conflicts between vehicles turning into and out of driveways and through traffic. These conflicts will create a safety problem and, potentially, a need for road widening that might be avoided if some control is placed on the location of driveways . These concerns can be addressed by creating or strengthening access restrictions to major County highways from parcels of land created under the Subdivision Regulations. It is during subdivision review and approval that the number and location of driveways can be controlled. It is also through subdivision review and approval that lot configurations can be developed that will allow for access provisions other than individual driveways and lot dimensions that will permit desirable driveway locations with regard to intersecting streets. Being part of the subdivision regulations, these requirements would apply to only the creation of new lots. Existing lots would 2149 not be made non-conforming as would be the case if these provisions were incorporated in the Zoning Ordinance. This is consistent with the concern that additional development will create the conflicts cited above. EXISTING ORDINANCE PROVISIONS : There is presently no paragraph IV-B-3-c-10 . It would be a new requirement. PROPOSED AMENDMENT: IV-B-3-c-10 Driveways All driveways on streets designated as arterial or collector in the Orange County Land Use Plan shall be constructed so that: 1 ) As a minimum, no driveway should be located within 250 feet of an inter- section of an arterial or collector; 2) When access is available from streets of different classifications, u41ess a safety hazard is created the driveway will be located so as to provide access only from the street with the lower classification; 3) When a single common drive is required for adjoining lots, it will be located on the property line common to the two lots. 11) 1 '[ 1 If 1 5n 18 THERE WERE NO FURTHER COMMENTS AND THE PUBLIC HEARING WAS CLOSED. . Motion was _made by Commissioner Hartwell , seconded by Commissioner Halklotis to refer this item to the Planning Board with a recommendation for consideration to be presented to the Board of Commissioners on October 5, 1967. VOTE: UNANIMOUS. b. Article 6. 16.6 - Home Occupations (Rural Buffer) Article 6.23.4 - Impervious Surface Ratios (RB) Article 7.2. 1 - PD Districts (RE) Article 9.11 - Permitted Signs (RB) Article 12. 10 - Landscaping/Screening (RB) Greg Szymik stated the purpose of these amendments would be to complete the references in the Zoning Ordinance to the new Rural Buffer zoning district which was created in January, 1987. These amendments would add Rural Buffer to these sections and does not constitute a substance change in the way the land zone classification would be handled. THERE WERE NO COMMENTS AND THE PUBLIC HEARING WAS CLOSED. Motion was made by Commissioner Willholt, seconded by Commissioner Hartwell to refer this item to the Planning Board with a recommendation for consideration to be presented to the Board of Commissioners on October 5, 1987. VOTE: . UNANIMOUS. Greg Szymik stated that on March 24, 1987 the Board of Commissioners adopted regulations to clarify when the amendments went into effect. At that time it was questioned how subdivision applications that were received by the County during the suspended period would be treated. This Section would be amended by adding an effective date of March 24, 1987. Motion was made by Commissioner Hartwell , seconded by Commissioner Halkiotis to refer this item to the Planning Board with a recommendation to be presented to the Board of Commissioners on October 5, 1987. VOTE: UNANIMOUS. Greg Szymik explained that Section V identifies the forms of security that may be used to guarantee construction of required improvements in approved subdivisions. The amendment would delete cash as .._ an acceptable form of security and add escrow agreements as a new form of security for required improvements. _ Commissioner HMotiotis refer this wato rCitemssioneheHartwell, seconded by recommendation to be presented to the Board of oBon a 1967. _ _ VOTE: UNANIMOUS. - 0 t�__ Ratan) 1Y-84l_tra_t`a czla=l_hazall_ttz8giE_ihmeaJj.Lbd _hex Sett-i.on-IA=5-t-U__a- v> „s Greg Szymik explained that Section IV-B-3-c-8 of the Subdivision Regulations is proposed to be amended by specifying forms of common or restricted access to lots in new subdivisions along major streets. ELgIb Section 1V-B-3-c-10 would place restructions on the number and locati1a driveways that will be allowed in new subdivision. The amendments are intended to provide more control on the number and location of driveways along major roadways, reducing conflicts between through traffic and turning vehicles, and maintaining the safety and traffic carrying capacity of major streets. 11..._-_IIEEI-EQl3_DECIII2E_=_BELL[LBE-A ENQfl___AMBEBLY_Q_YELDEMENI E._M 9a.lQU @�IMEtgI with no further items to be considered by the Board, Chair Marshall adjourned the meeting at 12:35p.m. The next regular meeting will be held on September 8, 1987, 7 :30 p.m. In the courtroom of the Old Courthouse, Hillsborough, North Carolina. Beverly A. Blythe, Clerk Shirley E. Marshall , Chair Joanna Bradshaw, Admin. Secretary W J 152 10 to the most recent traffic count. Seconded by Kramer. Yuhasz commented that he felt this gave no guidance to the general public noting that this seemed to be very indefinite. AMENDMENT TO MOTION : Yuhasz asked for an amendment to the motion to change the number from 5,000 to 3,000 and leave the balance of the amendment as proposed. This amendment was accepted by Eddleman and Kramer. VOTE: 4 in favor. 5 opposed. MOTION : Margison moved to change the word "may" to "will " and 5,000 to 3,000. Seconded by Best. Szymik cautioned the Board against adopting any proposal that was mandatory. The Subdivision Regulations do not have a variance procedure. If the proposal was adopted with mandatory language it would leave the County with no option with regards to subdivisions where application of these access restrictions would create a hazardous situation. The County would either have to approve the application with hazardous access or deny the subdivision. The permissive language in the original proposal would give the County latitude in applying the access restrictions and is recommended by Staff . MOTION: Best withdrew his second to the motion by Margison and moved to reconsider the previous motion of only changing 5,000 to 3,000. Seconded by Kramer. VOTE: 7 in favor. 2 opposed (Lewis & Margison - both felt the proposal was too confusing and needed more work) . MOTION: Pilkey moved to withdraw the proposal and send it back to the Ordinance Review Committee for further consideration of traffic impact analysis and the problem of insufficient data as well as consideration of the significance _ of the word "shall " or "will " as opposed to "may". Seconded by Kramer. VOTE: Unanimous. ® 1V-8-3-c-10 Driveways Point /2, add the following statement: 11 Pant 13, amend to read: When a single common drive is required for adjoining lots, it will be located on the property line common to the two lots. MOTION: Best moved approval as amended. Seconded by Margison. VOTE: Unanimous. AGENDA ITEM 110 : PLANNING BOARD ITEMS a. REP - Open Space Plan b . Courtesy Review - Oakdale Woods Condominimums (Town of Hillsborough ) c. Homestead Road Widening - Bike Lanes Presentation by Greg Szymik. At its August 17, 1987 meeting, the Planning Board recommended to the Board of Commissioners that NCDOT incorporate a bicycle lane into the proposed widening of Homestead Road. In the minutes of that meeting, Homestead Road was referenced as being widened by five (5) feet, an action inconsistent with the 1987-1988 Secondary Roads Improvement Program. In that program, the project is described as a two (2) foot widening. NCDOT has verified the total widening to be two (2) feet, not two (2) per lane. Homestead Road is presently 18 feet wide. The proposed widening would provide 20 feet of pavement for 2-10 foot lanes. The recommended or " ideal " lane width is 12 feet. Homestead Road, even after widening, will not have sufficient width to incorporate a bike lane as previously recommended by the Planning Board. Planning Staff recommends that the Planning Board recommend to the Board of Commissioners that NCDOT Secondary Road Improvement projects in urbanized areas be designed to include provisions for bicycle use; i .e. , that bicycle lanes of at least 3.5 feet in width be installed as part of any widening project. 4 4 O R A N G E C O U N T Y 154 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date flovember 2, 19$7 Action nda Item SUBJECT: ADDITION OF WILHELM DRIVE IN KERLINGTON SUBDIVISION SECTION ONE TO THE STATE-MAINTAINED ROAD SYSTEM DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT(S ) : INFORMATION CONTACT: Greg Szymik 10/14/87 Letter of J .M. Mills to County Manager Secondary Road Addition Investigation Report TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : Consideration of a petition from NCDOT for approval of the addition of Wilhelm Drive in Kerlington Subdivision Section One to the State-maintained Secondary Road System. BACKGROUND: The N.C. Department of Transportation has submitted a petition for the addition of Wilhelm Drive to the Board of Commissioners for review . The Board 's decision will be forwarded to the N.C. Board of Transportation for their deliberation on acceptance of the road to the State-maintained Secondary Road System. RECOMMENDATION: The Administration recommends approval of the addition of Wilhelm Drive to the State-maintained Secondary Road System. • • • 1. 4 . 1 55 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G.MARTIN October 14 1987 GOVERNOR DIVISION OF HIGHWAYS JAMES E.HARRINGTON SECRETARY GEORGE E.WELLS,P.E. STATE HIGHWAY ADMINISTRATOR Orange County Mr. Kenneth R. Thompson, County Manager Orange County 106 East, Margaret Lane Hillsborough, NC 27278 Subject: Petition for Addition - Wilhelm Drive in ' Kerlington Subdivision - Section One Dear Mr. Thompson: Attached is Form SR-4, Secondary Road Addition In- vestigation Report., for Wilhelm Drive in Kerlington Subdivision, Section-One. This is being forwarded to you for review by your Board of Commissioners. Yours very truly, J. . Mills, P. E. STRICT ENNGINEER. /jbh Atta. cc: Mr. J. W. Watkins An Equal Opportunity/Affirmative Action Emolover • NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION 156 DIVISION OF HIGHWAYS SECONDARY ROAD ADDITION INVESTIGATION REPORT • County Oran Co. File No. Date Township Chapel Hill Div. File No. • Local Name Wilhelm Drive Subdivision Name Kerlington Length 0.11 Mile Width _ 18' Type I-1 Condition Good - Is this a subdivision street subject to the construction requirements for such streets? Yes Recorded 06.27-83 Book 104 Page 58 Is this a subdivision street subject to participation paving? No Number of homes having entrances into road ! in Orange County and 5 in Durham County Other uses -having entrances into roadDoe Does right-of-way obtained meet present Division of Highways requirement? Dedicated If not, why? Is petition (SR-1) attached? Yes Is the County Commissioners' Approval SR-2) attached? ' = If not, why? Does the road meet present minimum Division of Highways construction requirements? Yes If not, state what is needed to place the road in an acceptable maintenance condition under Remarks and Recommendations. . Is a map attached indicating information for reference in locating road by the Planning Department? ' Yes Cost to place in acceptable maintenance condition: Total Cost $ ---`- _ Grade, drain, stabilize $ , Drainage $ , Other $ Remarks and RecommendationsMeets minims requirements, tbeaee recommend addition. This report to be combined with Durham County's in order to submit the entire length of _ Wilhelm Drive to Board of Transportation for approval. Reviewed and approved _ _ Board of Transportation Member • Reviewed and approved -J. W. Watkins J . Mills_ _:: _- __ _ _- - :`_ - DIVISION ENGINEER = ISTRICT ENGIN EE='R _- - - - • _ = - (Do not write in this space - - For use of Secondary Roads Dept.) - _ ___ - Petition = __ - - (Do not write in this space - For use of Planning Dept.) Form SR-4 (7-77) .r i s r e> • :' 1irr, a �_ : . 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Is HILL" _r • t ..) IlMil-122: . ; W. 1!1-'1111 . il Alp II) 112 MiliCi.. . T � ../.© D I 111 - I 91r. • '111271!!!'7"a b BOARD OOOFCOMMISSIONERS 158 Action Ama ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: NOVEMBER 2, 1987 SUBJECT: WATERSHED PROTECTION DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: ATTACHMENT(S) : Yes X No INFORMATION CONTACT: MANp,GER�S CORRESPONDENCE OFFICE,X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE; The Town of Commissioners consideroadditionalusteed that may need to be taken to at, shtlinedebelawrd of protect the watershed. below, that - Establish a moratorium on divisions in the watershed septic systems for major sub- - Develop a policy regardin systems in the watershed q alternative sewage treatment The Town further suggests hup may ben a issue that the Intergovernmental appropriate mechanism to address the Work s. BACKGROUND: Carrboro has extebo ons established a moratorium complete. into the watershed until of water and sewer However, the Town the watershed about is possibility of receiving is also concerned in the watershed, 9 aPPlications for major about the j developments RECOMMENDATION(S) : As the Board decides. Y ..» y arrbo-ro tC Ma^ S"- --Box No h a!Carolina Carrboro, North Carolina 2' ' .C. 1319) 968-7700 1919; 942-. 159 October 16, 1987 Ms . Shirley Marshall, Chair Orange County Board of Commissioners Orange County Courthouse Hillsborough, N.C. 27278 Mayor James C. Wallace Town of Chapel Hill 306 N. Columbia Street Chapel Hill , N.C. 27514 Dear Ms. Marshall and Mayor Wallace: The Carrboro Board of Aldermen, by consensus, has asked me to convey to you our concerns about additional steps that we may need to take to protect the watershed . Having agreed to a moratorium of water and sewer line extensions into the watershed until the watershed study is completed , we feel : (a) that we should establish a moratorium on septic systems for major subdivisions in the watershed, and (b) that we should develop a policy regarding alternative sewage treatment systems in the watershed. We are concerned about protection of the watershed and especially the possibility of receiving applications for major developments in the watershed prior to the completion of the OWASA study. We request that you consider these items as soon as possible and propose that the intergovernmental work group may be an appropriate mechanism to address these issues. Your assistance in this matter will be appreciated. Sincerel2& 3. James V. Porto, Jr. Mayor JVP/scw it 160 ORANGE COUNTY BOARD OF COMMISSIONERS Action A nda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: NOVEMBER 2, 1987 SUBJECT: PROPOSAL FOR A STUDY GROUP TO CONSIDER OWASA'S ROLE IN OPERATION OF COMMUNITY WATER AND SEWER SYSTEMS DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S CORRESPONDENCE OFFICE,X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Orange Water and Sewer Authority proposes that Orange County convene a committee of representatives from Orange County, Orange Water and Sewer Authority, Carrboro and Chapel Hill to give guidance as to the operation and/or ownership of community water and sewer systems. BACKGROUND: OWASA has been requested to provide assistance or to own community-type water and wastewater facilities. Many are adjacent to the corporate boundaries. The question OWASA is facing is whether they can fulfill public need by providing local water and sewer services through the ownership and operation of small community systems. The proposed committee would provide a collabrative review and assessment of the best means to address the issue. RECOMMENDATION(S) : As the Board decides. 181 /\ Orange Water and Sewer Authority 400 Jones Ferry Road OWASA I P.O. Box 366 Carrboro; NC 27510 (919) 968-4421 October 19, 1987 Mrs. Shirley Marshall, Chairman Orange County Board of Commissioners Orange County Courthouse 106 East Margaret Lane Hillsborough, NC 27278 Dear Shirley: On several occasions Orange Water and Sewer Authority has been requested to provide assistance or to own and operate community-type water and/or wastewater facilities. These community-type systems are small systems serving a subdivision, mobile home park, retirement center, single commerical facility or similar projects, that are not interconnected with a central municipal-type water or sewer system. The locations of facilities using community water and wastewater systems may be adjacent to corporate boundaries, such as the Northwoods Subdivision on Highway 86 north of Chapel Hill, or the Trails Subdivision which is located several miles west of Carrboro off Highway 54. Community systems have been proposed for the Amberly Subdivsion in the University Lake watershed. This subdivision site was recently annexed into Carrboro. The successful operation of these community systems will be heavily dependent on adequate and proper design, good construction, sufficient and qualified operating personnel, and necessary finances for needed operations, improvements, and repairs. The question before the Board of Directors is whether the Authority can fulfill an essential public need in providing local water and sewer services by becoming more involved in the ownership and operation of these small community systems. There are pros and cons for gearing up for this activity. The Board of Directors of OWASA recommends that Orange County convene a group from the County, OWASA, Carrboro, and Chapel Hill to review the situation and propose how the very real issue and need can be best addressed. Very truly yours, Edward N. Mann, Jr. Chairman of the Board mw cc: Mayor James Porto, Jr. Mayor James Wallace An Equal Opportunity Employer 162 ORANGE COUNTY BOARD OF COMMISSIONERS Action A 1 ACTION AGENDA ITEM ABSTRACT Item No. j Meeting Date: November 2, 1987 SUBJECT: JTPA: SERVICE DELIVERY AREA DESIGNATION DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: CORRESPONDENCE MANAGER'S OFFICE, X501 PETITION FOR SERVICE DELIVERY AREA DESIGNATION TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider JTPA Service Delivery Area Options for Program Year 1988 (July 1, 1988 through June 30, 1989) BACKGROUND: The Job Training Partnership Act allows the Governor to redesignate service delivery areas every two years. Any new designation will commence for Program Year 1988. Two years ago the North Carolina JTPA network undertook a major restructuring, decreasing the size of the Rural Service Delivery Area for which the Governor has responsibility, and increasing the number of local service delivery areas under the control and management of local elected officials. To accomplish this, the Board of Commissioners will need to decide what service delivery area designation is best for Orange County. The criteria for designation of new SDA's are a follows: 1. a single unit of general local government with a population of 200, 000 or more; or 2. a consortium of contiguous units of local government with an aggregate population of 200,000 or more which serves a substantial part of a labor market area; or 3. two (2) or more contiguous units of general local government (county) that: a. have 100, 000 or more population; and b. represent a substantial portion of a labor market area or an area in which State or Federal services are provided. a • 163 We currently consort with Durham, however this arrangement, from Staff's perspective, has not been optimum for the County in meeting local needs and addressing local problems. Based on the criteria cited above, Orange County can petition for designation as a service delivery area in accord with Criteria #3 or petition for designation under a Rural Service Delivery Area (Balance of State) . Should the Board wish to pursue either designation, the following options are available: Option One - Approach Chatham and/or Person Counties to determine interest in joint participation of a JTPA Program (these represent counties that are contiguous units of local government to Orange County, have labor market areas and either would assist us in meeting the 100,000 population requirements) , or Option Two - File formal petition for the State to administer the program. We are working within a very tight time frame, as the formal application must be submitted to the State by November 24, 1987. RECOMMENDATION(S) : Authorize the Manager's Office to pursue Option #1 and bring forward a recommendation at the November 17th Commissioner's Meeting. • 4 tjr, State of North Carolina 164 Department of Natural Resources and Community Development 512 North Salisbury Street• Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary October 15, 1987 Ms. Shirley E. Marshall Chairman, Orange County 707 E. Franklin Street Chapel Hill, YC 27514 Dear Ms. Marshall: CUBJECT: SERVICE DELIVERY AREA DESIGNATION As you may recall, two years ago the North Carolina Job Training Partnership Act (JTPA) network undertook a major restructuring, decreasing the size of the Rural Service Delivery Area for which the Governor has responsibility, and increasing the number of local service delivery areas under the control and management of local elected officials. This process resulted in the establishment of twenty—si?: service delivery areas in North Carolina. ' tye are pleased with the progress and genera' srarus the Job Training Partnership Act system has achieved during the past two years. However, sone areas have indicated an interest in ser--ce delivery area changes to better meet local needs and address local problems. Therefore, the . Governor has decided to accept formal petitions for service delivery area status. The Job Training Partnership Act allows that no more often than every two years, the Governor may redesignate the service delivery areas for the Job Training Partnership Act Program (JTPA) . Any new designation will commence for Program Year 1988 (July 1, 1988 through June 3U, 1989) . To accomplish this, you as the chief elected official (CEO) need to decide with the governing body, what service delivery area designation is best for your jurisdiction. Although ferr-al applications are not due until November 24, 19P7, I would appreciate your forwarding a P.O.Box 27687,Raleigh.North Carolina 27611-7687 Telephone 919-733-4984 An Equal Opportunity/Affirmative Action Employer 165 I Service Delivery Area Designation Page 2 October 15, 1987 preliminary indication of your intent to Mr. Joel New, Director of the Division of Employment and Training by November 1, 1987. If you do not wish to change your current arrangement no application is necessary. If you are interested in the application process, we have a packet of material we will send to you upon request. On December 21, 1987, the Governor will publish final SDA designations for the next two program years. Those areas choosing not to be part of a local service delivery area will remain part. of the Rural Service Delivery Area administered by the State. The next few weeks are important to you for information gathering • concerning SDA designation. We realize we have not answered every question that you may have. If you have further questions regarding SDA designation, please contact Michael Aheron or Frankie Pickard with the Division of Employment and Training at 1-800-562-6333. Sincerely, S. Thomas Rhodes STR:JS cc: County Managers) SDA Directors PIC Chairs ti% 0-7) tid State of North Carolina Department of Natural Resources and Community Development Division of Employment & Training 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor Joel C. New S. Thomas Rhodes, Secretary October 20, 1987 Director Ms. Beverly Whitehead Assistant City Manager Town of Hillsborough 106 East Margaret Lane Hillsborough, North Carolina 27278 Dear Ms. Whitehead: Please find enclosed the Job Training Partnership Act service delivery area designation information you requested of Michael Aheron on Monday, October 19, 1987. Sincerely, Cf/9.. .., loel C. New JCN/MA Enclosures P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-6383 An Equal Opportunity Affirmative Action Employer 167 SDA REDESIGNATION INSTRUCTIONS (ATTACHMENTS A - K) The Service Delivery Area (SDA) is the principal geographical unit for programs under JTPA. As previously communicated, among the responsibilities of a chief elected official (CEO) for a service delivery area are the selection of Private Industry Council members (PIC) , the development of a joint agreement between the PIC and the CEO which designates an administrative entity and grant recipient, and oversight of the comprehensive program. As funds are passed down from the federal level to the state and then on to the service delivery area, the liability for these funds is also passed on to the service delivery area. Therefore, the chief elected official must consider not only the selection of the Private Industry Council but a grant recipient that can adequately safeguard these funds. Chief Elected Official for JTPA purposes is defined as the mayors of the cities of Charlotte, Durham, Greensboro, and Winston-Salem for those respective SDAs and in all other cases as the Chairman of the County Commissioners. The current SDAs are identified on Attachment A which includes the SDA name, counties served and the administrative entity with contact person(s) . The JTPA legislation requires that the State Job Training Coordinating Council recommend to the Governor, service delivery areas which will promote effective and efficient planning, administration and delivery of services in North Carolina. The Act specified certain criteria for SDA designation but also allows the Governor to develop additional criteria. I have enclosed, as Attachment B, the criteria for designation of new SDAs, the petition for SDA designation and guidelines for responding to the Governor's petition for designation as a service delivery area (Attachment K) . The criteria are as follows: 1. a single unit of general local government with a population of 200,000 or more; or 2. a consortium of contiguous units of local governments with an aggregate population of 200,000 or more which serves a substantial part of a labor market area; or 3. two (2) or more contiguous units of general local government (county) that: a. have 100,000 or more population; and b. represent a substantial portion of a labor market area-or an area in which State or Federal services are provided. Several attachments are provided for your use if you choose to change your current SDA status. Each deals with a specific issue related to the process. Attachment C is a directory for North Carolina labor market areas and Attachment D lists county population estimates. - Both of these will be used by the State in examining requirements for designation. Attachment E is a calendar of significant dates in the designation and implementation process. Attachments F, G, and H are guidelines to be used by newly proposed service delivery areas in developing appropriate agreements. Attachment I is the Private Industry Council (PIC) certification package which will be used to submit the PIC nominations to the State for certification. Attachment J is the State and SDA Memorandum of Agreement which will be used by entities that have been designated as SDAs to accept SDA status. Prior to the State signing the State and SDA Memorandum of Agreement, the Division of Employment and Training will conduct a pre-award review of any new SDA administrative entity and grant recipient to ensure adequate controls and systems are in place to safeguard the JTPA resources. FOR FURTHER INFORMATION, PLEASE CONTACT: Michael Aheron or Frankie Pickard Division of Employment and Training P. 0. Box 27687 Raleigh, NC 27611 (919) 733-6383 or 1-800-562-6333 • ATTACHMENT B .168 State of North Carolina Department of Natural Resources and Community Development Division of Employment & Training 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary Joel C. New Director FORMAL PETITION FOR DESIGNATION AS A SERVICE DELIVERY AREA UNDER THE JOB TRAINING PARTNERSHIP ACT (JTPA) P. L. 97-300, AS AMENDED ATTENTION: Joel C. New Governor Martin: I/We the undersigned chief elected official(s) request that county(ies) be designated by the Governor as a Service Delivery Area (SDA) under the Job Training Partnership Act. This Formal Petition for SDA status is submitted this date: This jurisdiction meets the following criteria: (check one and only one) 1. single unit of general local government with a population of 200,000 or more; or 2. a consortium of contiguous units of general local government with an aggregate population of 200,000 or more which serves a substantial part of a labor market area; or 3. two (2` or more contiguous units of general local government (county) that: a. have 100,000 or more population; and b. represent a substantial portion of a labor market area or an area in which State or Federal services are provided. P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-6383 69 Formal Petition Page 2 It is my/our understanding that the following conditions apply to this request: 1. Those signing to this petition (no identical counterparts are acceptable) are not requesting SDA designation for any jurisdiction other than the jurisdiction in this request. 2. It is the intent of the Governor, in accordance with provisions of P. L. 97-300, as amended, to approve all requests for SDA designation which meet criteria 1 and 2. However, the Governor retains the prerogative, if necessary, to designate SDA jurisdictions which will assure that services are provided equitably across the entire state. 3. Requests for SDA designation which meet criterion 3 will be given serious consideration by the Governor. 4. Decisions of the Governor are final unless appealed to the Secretary of the United States Department of Labor. 5. Appeals to the Secretary of Labor regarding the Governor's denial of a petition for SDA designation are limited to denials of requests under criteria 1 and 2 only and the appeal can only be based on a decision by the Governor which is considered in violation of procedures prescribed in Section 101 of the Job Training Partnership Act, P. L. 97-300. as amended. 6. Any appeal must be made to the Secretary, U. S. Department of Labor, Washington, D. C. , 20210, ATTENTION: ASET (with a copy simultaneously provided to the Governor) within two weeks of the date on which proposed SDAs are published by the Governor. In such cases, the decision of the Secretary is final. Typed Name Jurisdiction Elected Offic • e Signature I . 170 Formal Petition Page 3 This petition must be signed, dated and returned by the close of business November 24, 1987 to the following address: Mr. Joel C. New, Director Division of Employment and Training P. 0. Box 27687 Raleigh, North Carolina 27611 In accordance with Section 628.1(b) of the U. S. Department of Labor regulations for programs under the Job Training Partnership Act, this Formal Petition form must be used for requests for service delivery area designation. To assist in the timely completion of tasks associated with the implementation of the local JTPA program, we request that you provide the following information. The implementing agency(ies) indicated below may or may not be the same agency(ies) selected by the PIC and CEO to administer the JTPA program once the SDA is established. The use of an implementing agency allows DET to address information to a single point. 1. Administrative Entity: Agency Name Address Contact Person (Typed Name) (Title) Telephone Number ( ) 2. Grant Recipient: Agency Name Address Contact Person (Typed Name) (Title) Telephone Number ( ) 3. Agency Responsible for Private Industry Council development and appointments: Agency Name Address Contact Person (Typed Name) (Title) Telephone Number ( ) r' - , - ORANGE COUNTY 17 1 Action Ag BOARD OF COMMISSIONERS Item No. ACTION AGENDA ITEM ABSTRACT MEETING DATE November 2, 1987 Subject: APPOINTMENTS j IDepartment: BOARD OF COM IISSIONERS lic Rearing:f Pub ing- Yes g no Attachments: 1-Y A.Information Contact: Beverly Separate Cover Blythe Phone Numbers: 732-8181, 968-4501, 2270231 To maintain membership at effective levels on Commissioners' appointed Boards. The following vacancies are announced for the first time for information only: ORANGE COUNTY LIBRARY BOARD OF TRUSTEES - 1 vacancy (resignation of Craig Henkle) The following vacancies are announced together with the indication of the status of securing candidates for consideration of appointment. A-12 - PRIVATE INDUSTRY CO_ U - 1 vacancy for a Rehabilitation Representative. B-4 - COUNTY ADVISORY BOARD ON AGING - 3 vacancies. 3 additional resumes have been received. — B-5 - DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - 3 vacancies. A recommendation received. mmendation has . B-6 - HEALTH AND MEDICAL CARE ADVISORY BOARD - 1 vacancy. 1 resume has been rec ved. B-7 - HUMAN SERVICES ADVISORY COMMISSION - 2 vacancies. B-10 - NURSING HOME COMMUNITY ADVISORY COMMITTEE - 1 vacancy. No recommendation has been received. C-8 - ORANGE COUNTY PLANNING BOARD - 1 vacancy. Resumes are submitted for consideration. RECOMMENDATION: As the Board decides. November 1 , 1987 Shirley Marshall, Chair Orange County Commissioners 106 E. Margaret Lane Hillsborough, N.G. 27278 re: Fox Meadow Subdivision Dear Ms. Marshall and Commissioners : This letter is in regard to the request made by the Fox Meadow Subdivision at the October 14, 1987 Public Hearing regarding the Joint Planning Agreement and Land Use Map. At that hearing, our community requested, via petition and verbal requests, that ( 1 ) we remain in the rural buffer, or (presupposing the unworkability of #1 ) that (2) we be placed in the transition area of Chapel Hill. These re- quests were made due to our opposition to being in Carrboro' s transition area, as proposed. During the October 14, 1987 hearing, we believed that the Commissioners listened to our request with due respect and communicated their willingness to give due consideration to our request. Ms. Marshall suggested that planners for Carr- boro, Chapel Hill, and the County meet to obtain resolution on our proposal for change to the Joint Land Use Map. Resi- dents of Fox Meadow left this hearing heartened that the governments would work cooperatively ( i.e. jointly) to satis- fy therequest of our citizen' s group. However, within 24 hours of the October 14, 1987 public hearing, Roy Williford, planner for the Town of Carrboro, had already advised us of Carrboro ' s unwillingness to con- sider changing "the line" at Rogers Road, which could place Fox Meadow out of Carrboro' s transition area. Carrboro feared that "giving up" Fox Meadow might create a "domino effect;" where neighboring subdivisions might request a similar change in status. Despite this gloomy forecast, Ken Meardon, a resident of Fox Meadow, requested a meeting with the planners. of Carrboro , Chapel Hill, and Orange County. This meeting took place on October 19, 1987. In attendance were Roy Williford of Carr- boro, Roger Waldon of Chapel Hill, Marvin Collins of Orange County, and Mr. Meardon. The result of this meeting was a decision not to make any changes to the proposed Land Use Map to accomodate our community' s request. Reasons cited were "history" and "possible confusion." Carrboro was willing to make only one "concession," that is, a promise not to annex Fox Meadow for the next ten years. Our purpose in sendingthis letter is to register ourdis- satisfaction with the manner in which these "negotiations" took place. In general, we do not believe that the spirit of cooperation/accomodation that was communicated to us on October 14, 1987 was carried through in the planners ' meet- ing. Carrboro was steadfast in their position not to concede an inch, and no one actively advocated for our community. To the best of our knowledge, the planners did not confer or consult with government officials. To us, "history and confusion" are not adequate reasons to deny our request for amendment to the Joint Land Use Map. Furthermore, it is difficult not to view Carrboro 's "offer" of a 10 year moratorium on annexation of Fox Meadow as a scheme or an insult. This is in light of the fact that many of those in thethree governments involved have stated that it would be 20 years or more before annexation by Carrboro would occur. Thus, to gain anything at all, our community would need a legally binding contract stating that Carrboro could not annex us for a minimum of 30 years. We wish that more creativity and open-mindedness could have permeated th efforts to explore our request for change. Since placement in Chapel Hill 's transition area appears difficult, perhaps Fox Meadow could remain in the County planning area, referred to as "rural transition area," with a density of one unit per acre. Community representatives could serve on the County planning board. This is only one creative solution. Though the issue of Fox Meadow's request for change may be closed for the time being, we felt compelled to communicate our perplexity and disappointment to our elected representa- tives, if only as a matter of principle. Thank you for your concern, and for any efforts you make on our behalf. Very truly yours, Paul R. Tulowiecki anet B. Tulowiecki " P/ M/èvT4 Tv, • -7-E TOWN OF CHAPEL HILL T-- ity -_ " 306 NORTH COLUMBIA STREET CHAPEL HILL,NORTH CAROLINA 275143699 October 27, 1987 Telephone (919) 968-2700 Chairman Shirley Marshall 106 E. Margaret Lane Hillsborough, North Carolina 27278 Dear Ms. Marshall: Re: Joint Planning Agreement On Monday night, October 26, the Town Council unanimously authorized execution of the new Joint Planning Agreement as approved by the Carrboro Board of Aldermen on October 20, 1987. The Council expressed its appreciation to the Board of Commissioners and the Board of Aldermen for the cooperative effort to develop the new agreement. We believe this agreement will serve the citizens well, and we look forward to implementing it. With kind regards and best wishes, Sincerely, ..l«-David R. Taylor Town Manager DRT/krc cc: Mayor and Council Albert Kittrell, Interim Orange County Manager Bob Morgan, Carrboro Town Manager enclosure: Certified Resolution and Joint Planning Agreement 4 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A NEW JOINT PLANNING AGREEMENT WITH THE ORANGE COUNTY BOARD OF COMMISSIONERS AND THE CARRBORO BOARD OF ALDERMEN (87-10-26/R-1) WHEREAS, representatives of the governing bodies of Orange County and the Towns of Carrboro and Chapel Hill began meeting in the fall of 1986 to prepare a new Joint Planning Agreement; and WHEREAS, these representatives of the 3 jurisdictions have addressed issues including: *establishing a rural buffer in Orange County around Chapel Hill and Carrboro; *future "urban services" or transition areas for Chapel Hill and Carrboro, *planning for the University Lake watershed; *long-term boundaries for annexation by Chapel Hill and Carrboro; *representation of Transition Area residents on municipal Planning Boards and Boards of Adjustment; and WHEREAS, the proposed new Joint Planning Agreement and the new Joint Planning Area Land Use Plan adopted in 1986, as amended, would establish a long-term urban form for the Chapel Hill-Carrboro area, and these documents thereby represent a major achievement by the three jurisdictions; and WHEREAS, the new Joint Planning Agreement was the subject of a public hearing by the three jurisdictions on October 14, 1987; and the concepts of resource protection and growth management in the agreement have the support of many citizens; and WHEREAS, the Council hereby expresses its appreciation to the Orange County Board of Commissioners and the Carrboro Board of Aldermen for their cooperation and dedication to developing a new agreement which is in the best interest of the citizens of Orange County, Chapel Hill and Carrboro; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby approves, and authorizes the Mayor to sign on behalf of the Town, the Joint Planning Agreement substantially in the form distributed by the Town Manager for the Council 's October 26, 1987 meeting. A copy of said Agreement as distributed on October 26, 1987 shall be retained with the records of this meeting. This the 26th day of October, 1987. I hereby, ertify I hat this is a true and correct copy of Resolu- tion 7-/ U -/ as adopted by the Mayor and Council of the Town of C pel Hill on the 26 day of , 1937 . WITNESS my hand and the official seal of the Town of Chapel Hill, this the .,..-9771-day of Q t , 19 87 TOWN OF CHAPEL HILL . `� . Jg r Town C1e aI' _=- x _ h,„-;.,z_-:---: :-_;Iii__:ii If fj:/,f-_---,_.. , ; . t rr4 j� .:. �+ .,:.!J.r ,y.: INr To: The Orange County Board of Commisioners From: The Calvander Community Homeowners Association Date: November 2, 1987 At this important time in the determination of Orange County's future development, we would like to offer you our congratulations and support for your work on joint planning. We continue to believe that the concept of joint planning is a good one, since it will serve the best interests not only of the county and townships, but of the University Lake Watershed, a resource vital to all of us. As you move forward to solidify this joint plan, we want to add our voices to those addressing you tonight. The Joint Area Land Use Plan should be modified to clearly designate all the land west of Old Highway 86 between Calvander and Old Fayetteville Rd. as being outside Carrboro's Transition Area. This should be done to eliminate any concern or confusion as to the intent to ensure Watershed development limitations in this area. Mr. Gene Bell has informed us that the proper method for making any such change would be after a public hearing_ We certainly would not wish to delay the adoption of the agreement as a whole over this one issue. Nevertheless, we do wish to bring it to your attention at this time for later discussion at such a public hearing. At that time, we intend to most strongly urge you to approve this adjustment to the Joint Area Land Use Plan. 2. Even though we in Calvander face higher development densities than we find acceptable, we believe that watershed protection is more important at this time than encroaching town boundaries. Old Highway 86 makes a logical and natural border to Carrboro's planning area. The land west of it is clearly watershed land that should be protected. Respectfully ALIA ?trN L,Adak610 11 Randy Danziger, Linda Roberts Calvander Community Homeowners Association • October 30. 1987 Dear Ms. Marshall and the Orange County Board of Supervisors: As you know, on Wednesday. October 14. 1987, the residents of Fox Meadow submitted a petition requesting that (1) Fox Meadow remain in the rural buffer zone as part of Orange County only or (2) if that was not possible, to be placed in Chapel Hill's jurisdictional territory. Near the end of that meeting, one of the Board members requested that the feasibility of changing the jurisdictional line to include the Fox Meadow subdivision in Chapel Hill's Jursidiction be examined by Carrboro, Chapel Hill, and Orange County planning departments. Three members of the Fox Meadow community were selected by those present from the community to represent Fox Meadow in the examination of the feasability of such a change. I was one of the three Fox Meadow representatives selected. On Monday, October 19,1987, I met with Mr. Roy Williford of Carrboro, Mr. Marvin Collins of Orange County, and Mr. Roger Weldon of Chapel Hill, at the Carrboro Town Hall to learn of their evaluation of the feasability of the proposed redesignation. Much to my chargrin, I learned that no one was inclined to move the jurisdictional line. The "bottom-line" argument presented for not changing the line was that it has been a long and hard road to get the agreement to where it is now, and Carrboro, Chapel Hill and Orange County are therefore reluctant to make any changes. It was also felt that a "precedent" would be set if the line was moved. At that Monday morning's meeting, I again presented the feelings of the Fox Meadow community - that we would like to remain in Orange County as part of the rural buffer zone or to be in Chapel Hill's jurisdictional territory rather that Carrboro's if Fox Meadow could not remain in the rural buffer. Mr. Waldon pointed out that if there was a compelling reason for changing the line, then it could be moved; but in the absence of a compelling reason, there is no reason to change the line. I believe the feelings of an entire community represent a bottom line, compelling reason. What could be more compelling than that? I asked for an example of a compelling reason that might change their minds. I did not get such an example. In fact, no one suggested that there is any land use/urban planning reason that would prevent the change of the line from one jurisdiction to another. I asked Mr. Collins about remaining in Orange County as part of the rural buffer. Mr. Collins pointed out that to do so would make Fox Meadow a "non-conforming" use because we have essentially one unit per acre end the rural buffer designation calls for one unit per two acres. When I asked what the implications of being a non-conforming use were, Mr. Collins replied that there would be a "cloud" of uncertainty hanging over the community. He tried to illustrate this by two examples. First, some banks may not be willing to make a loan to someone trying to buy into the community if the house shows up in a form indicating that it is "non-conforming. " Second, some intended t uses of the land, such as building an addition, might not be possible because they might be incompatible with the designation of "rural buffer." I tried to better understand this second point by using a specific example in connection with my home. Unfortunately, Mr. Collins was unable to clarify this possible non-conformity problem that might arise by leaving Fox Meadow as part of the rural buffer. Mr. Collins did point out that none of these problems may in fact arise. I asked Mr. Collins about the possibility of changing the definition of "rural buffer" so Fox Meadow would not be a "non-conforming" use. Mr. Collins sort of winced at the suggestion, evidently not really thinking to do so was a practical idea. In the end, when I left the meeting, I was not sure that conformity issues are a compelling reason to not still consider the possibility of leaving Fox Meadow in Orange County, whether as part of the rural buffer or some other designated land use area. The bottom-line reason for not changing the jurisdictional line appears to me to .be "historical" reasons, although with further discussion I might better understand some practical land-use reasons. Nevertheless, is there still not the possibility of redefining the land-use area affecting Fox Meadow so that we are not a "non-conforming" use? It was also pointed out at the Monday morning meeting that there is a provision in the agreement that allows Chapel Hill to annex west of the current jurisdictional line if it is petitioned and Carrboro agrees to let the community go. I maintain that to present this as a real option is unrealistic. First, the present time is the most realistic to make a change, before the agreement is ratified by the respective councils. Once it is implemented, it will be that much harder to get changed. If Carrboro won't let us go now, why would we believe that will change in the future? Second, Mr. Williford indicated that Carrboro considered as one of several options moving only the Fox Meadow subdivision over to Chapel Hill's jurisdiction. He pointed out, and rightly so, that this would create only a sixty-foot wide connection to Chapel Hill's territory on the east side of Roger's Road. If we wait until a later date to try to change, then it is a very real possibility that such an annexation would have to be considered for this sixty-foot connection. It seems to make much more sense to consider either (1) the area north of Tallyho and the southern portion of the Fox Meadow subdivision up to Eubanks Road or (2) the area east of Bolin Creek for inclusion in Chapel Hill's jurisdiction. This has the additional advantage of retaining the Rogers Road community in one jurisdiction. Thus, now is the time to make the change. Fox Meadow realistically loses all chances if something is not done at this point in time. I and the residents of Fox Meadow recognize that the welfare of the community as a whole rather than that of one single community needs to receive first consideration if anything is to get done, especially with regards to planning. Mr. Williford, however, pointed out that because of our relatively low density, the Fox Meadow subdivision is not that desirable from an annexation perspective. If this is true, then why this need to hold onto a community that does not want to be part of Carrboro's jurisdictional territory? i' At their Board of Aldermen meeting on October 20, 1987, Carrboro indicated that they have not involuntary annexed anyone since 1980 and that they do not intend to involuntarily annex anyone in the future. 411.) Lrhe present force of this agreement concerning annexation and the improbability that Carrboro would consent to our being annexed by Chapel Hill are equivalent, in my opinion, to involuntary annexation right now. If 100 percent of a community's households are against being in Carrboro's jurisdiction, this seems to be about as involuntarily a placement as one can get. Furthermore, the joint planning agreement means that our annexation future will be decided by officials for whom we have not had the chance to vote for (or against) in the past or, I believe, in the future. Will the residents of Fox Meadow be able to vote for Carrboro's officials in tomorrow's elections? If not, then perhaps we have here the potential for "annexation without representation. " Perhaps before this agreement is put into effect, those communities whose annexation futures are being decided upon should first have the right to vote for the officials who will planning the future growth and direction of the jurisdictional territories being designated under this plan. I recognize that the groundwork for many of the decisions that are in place today were laid before there was a Fox Meadow subdivision. But this to me does not negate the overwhelming opposition of the current community. We presented our oppositioin back in February and again on Wednesday, October 14, 1987. These were the times afforded the affected and other interested parties to participate in the decision making process. I know that the answer to some questions can be "no' as well as "yes;" not everybody gets what they want. But I ask you to consider where things are today. We have a community in existence that is directly affected by this agreement. This community to the household wishes to be placed in Chapel Hill's jurisdiction. In my view, no compelling reason has been offered to us as to why this can not occur. To hide behind the historical aspects does not confront the decision that needs to be made given today's circumstances. The line can be redrawn, it can be drawn in such a manner that is consistent with how other lines have been drawn, in such a manner as to preserve the Rogers Road community in one jurisdiction, and in such a manner that the Fox Meadow residents will have greater faith in the elected officials of the Cities of Carrboro and Chapel Hill and of Orange County. On Tuesday, October 20, 1987, I appeared before the Carrboro Board of Aldermen to again state the feelings of the Fox Meadow residents. During the meeting, it became obvious that only one member of Carrboro's Board of Aldermen was concerned enough about our feelings to find out where the Fox Meadow subdivision was located. In addition, while appreciative of the chance to speak, I felt that any attempt to convince the Board of Aldermen to reconsider and to suggest an alternative jurisdictional line for consideration by Orange County and Chapel Hill was futile; nothing I could have said would have made any difference. Carrboro's failure to redraw the line or to suggest an alternative for consideration will be viewed, rightly or wrongly, by the residents of Fox Meadow as additional proof that we will not be as well off in Carrboro's jurisdiction as in Chapel Hill's. While we would not turn down or suggest that Carrboro withdraw its resolution not to try to annex Fox Meadow for at least ten years, this resolution is not what we are after. I do not really believe Carrboro is giving up anything with this resolution. It does not have the force of law and, as such, is no guarantee that as members on Carrboro's Board of Aldermen change that future Boards will honor the resolution. Further, at the joint planning board public hearing, one member suggested it would be at least 20 years before Carrboro would be in a position to annex Fox Meadow. While our first preference is to remain as part of Orange County only, we would rather be part of Chapel Hill's jurisdictional territory with no such resolution than to remain in Carrboro's jurisdictional territory with the resolution. On Monday, October 28, 1987, Chapel Hill held their council meeting in which the joint planning agreement was discussed and voted on. I did not attend that meeting because, for better or worse, I could not see that our attendance would achieve anything. After all, it was Mr. Weldon who said that if there was a compelling reason for changing the jurisdictional line, then maybe it could be changed. In light of the lack of encouragement at the meeting with the three planners, I felt that the next real opportunity would take place at Orange County's meeting on the joint planning agreement. I apologize for the length of this letter. It is hard to convey many of my thoughts and report on the results of the meeting with the three planners without getting rather long. I again hope that the views expressed here this evening will be carefully weighed and considered. To date, the residents of Fox Meadow have availed ourselves of the opportunties provided to us to have constructive input into this agreement (with the exception of the Chapel Hill Board meeting, which I now regret for not having attended) . Once these options have been exhausted, we will turn to our last means of comment - the vote. But by then in our eyes it will be too late. I thank you for the taking the time to listen to us. Sincerely, Cevtiusd% Mtik 2 . �) � I . Dr. Kenneth R. Meardon - - t ; • State of North Carolina Department of Natural Resources and Community Development 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary October 15, 1987 Ms. Shirley E. Marshall Chairman, Orange County 707 E. Franklin Street Chapel Hill, NC 27514 Dear Ms. Marshall: CUBJECT: SERVICE DELIVERY AREA DESIGI'iATION As you may recall, two years ago the North Carolina Job Training • Partnership Act (JTPA) network undertook a major restructuring, decreasing the size of the Rural Service Delivery Area for which the Governor has responsibility, and increasing the number of local service delivery areas uncer the control and management of local elected officials. This process resulted in the establishment of twenty—sip; service delivery areas in North Carolina. We are pleased with the progress and genera' status the Job Training Partnership Act system has achieved during the past two years. However, sone areas have indicated an interest in service delivery area changes to better meet local needs and address local problems. Therefore, the Governor has decided to accept formal petitions f.cr service delivery area status. The Job Training Partnership Act allows that no more often than every two years, the Governor nay redesignate the service delivery areas for the Job Training Partnership Act Program (JTPA) . Any new designation will commence for Program Year 1988 (July 1, 1988 through June 30, 1989) . To accomplish this, you as the chief e'ect.ed. official (CEO) need to decide with the governing body, what service delivery area designation is best for your jurisdiction. Although formal applications are not due until November 24, 1987, I would appreciate your forwarding a P.O.Box 27687.Raleigh,North Carolina 27611-7687 Telephone 919-733-4984 An Equal Opportunity/Affirmative Action Employer Service Delivery Area Designation Page 2 October 15, 1987 preliminary indication of your intent to Mr. Joel New, Director of the Division of Employment and Training by November 1, 1987. If you do not wish to change your current arrangement no application is necessary. If you are interested in the application process, we have a packet of material we will send to you upon request. On December 21, 1987, the Governor will publish final SDA designations for the next two program years. Those areas choosing not to be part of a local service delivery area will remain part, of the Rural Service Delivery Area administered by the State. The next few weeks are important to you for information gathering concerning SDA designation. We realize we have not answered every question that you may have. If you have further questions regarding SDA designation, please contact Michael Aheron or Frankie Pickard with the Division of Employment and Training at 1-800-562-6333. Sincerely, S. Thomas Rhodes STR:JS / cc: County Managers) SDA Directors PIC Chairs • rr j//7 7-C1D //v._■7 e<1 ,e' r '9 ORANGE COUNTY COMMISSIONERS 106 EAST MARGARET LANE HILLSBOROUGH, N. C. 27278 MOSES CAREY,JR. STEPHEN H.HALKIDTIS JOHN HARTWELL SHIRLEY E.MARSHALL DON WILLHOIT November 4, 1987 Mr. J. W. Watkins Division Engineer N.C. Department of Transportation P.O. Box 9278 Greensboro, NC 27408 Dear Mr. Watkins: Following the August public hearing on the proposed Secondary Roads Improvement Program, 1987-88 for Orange County, the Orange County Planning Board expressed a concern about coordination of bike lanes with secondary road improve- ments. The Planning Board has recommended that secondary road improvements projects be coordinated with approved bikeway plans in the Chapel -.- Hill and Carrboro urbanized areas. The Board of Commissioners supports this position and recommends this type of coordination between different types of transportation facilities.—=. - .. Sincerely Shirley E. Marshall, Chair Board of Commissioners SEM/bab _ --- File - - :- �ys-rAvUT&- //- 3607 ,_.,,,_,, ) STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P. O. Box 9278 JAMES G. MARTIN Greensboro, NC 27429-0278 DIVISION OF HIGHWAYS GOVERNOR November 24, 1987 JAMES E. HARRINGTON GEORGE E.WELLS, P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Ms. Beverly A. Blythe Orange County Commissioners 106 East Margaret Lane Hillsborough, NC 27278 Dear Ms . Blythe : This is in reference to your letter of November 5 , 1987 and attached petition requesting a 45MPH speed limit on Whitfield Road (SR173O-1731 ) between NC86 and Erwin Road (SR1734) , in Orange County. Our traffic engineers investigated this request on November 23 , 1987 and found that Whitfield Road (SR173O-1731) meets the warrants for a 5OMPH speed limit . The necessary signs will be installed in the near future. If we can be of any further help, please advise. Sincerely, ‘:--e.--ege-F2/--1------.1, W. Watkins DIVISION ENGINEER JWW/VEB/cb cc : Mr . J. M. Mills Mr . D. B. Kelly An Equal Opportunity/Affirmative Action Employer ff/ . "0'44.4) November 5, 1987 Mr. J. W. Watkins, Division Engineer North Carolina Department of Transportation P.O. Box 9278 Greensboro, NC 27408 Dear Mr. Watkins: The Board of Commissioners was presented at their regular meeting held on November 2, 1987 the attached petition. I am forwarding this petition to you for your review and investigation. Will you please let me know your findings and if this situation is one which warrants a change in the speed limit. If I can be of any further assistance, please do not hesitate to contact me. Sincerely, Beverly A. Blythe, Clerk /bab file Attachment _ - )...WE , THE UNDERSIGNED RESIDENTS OF THE STONERIDGE - SEDGEFIELD AREA V.� LIVING IN PROXIMITY TO WHITFIELD ROAD PETITION FOR A FORTY-FIVE MILE PER HOUR (45mph) ON THE FULL LENGTH OF WHITFIELD ROAD BETWEEN NORTH CAROLINA 86 AND ERWIN ROAD. Name . Address Date k(I V U2-41t bit. CJ iik;1 la. • Vi. , )' ( l 1 , 1 .1 klite L "2-1;a 7/37 . ry / _ 41 ` _ /J ,[ / / « �: 9� LA !'• • b t A I / // A n_ � �� r' M rle2 ti.., 4- girl de- 9-- —c ) 411 L O,Cf /v , ! AC � � 74.12t. Svc' I■ S4�1� At 1 Ate' e i is 6 [,t) .. -,6#4,' �... • //^�< c::, -1 -lik. 5/ .. 0 2, J . `�l► • C • 1 /G� r 4 7 rLla rr`�(\� t'J. .4. ;,"7 r A.` li■ ,,WE , THE UNDERSIGNED RESIDENTS OF THE STONERIDGE - SEDGEFIELD AREA LIVING IN PROXIMITY TO WHITFIELD ROAD PETITION FOR A FORTY-FIVE MILE PER HOUR (45mph) ON THE FULL LENGTH OF WHITFIELD ROAD BETWEEN NORTH CAROLINA 86 AND ERWIN ROAD. ' .. me Address Date . 01,Amigv - 'f15-• / _ 0. • / A e - �t� r1 September 22 , 1987 JOINT PLANNING AGREEMENT THIS AGREEMENT , made and entered into this 2nd day of November , 1987 , by and between the COUNTY OF ORANGE , a political subdivision of the State of North Carolina , THE TOWN OF CHAPEL HILL, and the TOWN OF CARRBORO, municipal corporations duly created and existing under the laws of North Carolina . WITNESSETH: In consideration of the public benefits expected to flow from the cooperative efforts of the parties in establishing a coordinated and comprehensive system of planning within their respective areas of public concern, the parties to this Agreement hereby mutually agree as follows : ARTICLE I . PURPOSE , DEFINITIONS, EFFECTIVE DATE Section 1 . 1 Purpose of the Agreement The purpose of this Agreement is to establish a method of coordinated and comprehensive planning in the Orange County- Chapel Hill-Carrboro Joint Planning Area , as defined herein. Section 1 .2 Definitions A. Joint Planning Area . The area within the Rural Buffer and Transition Areas designated on the Joint Planning Area Land Use Map lying outside the extraterritorial planning jurisdiction of Chapel Hill and Carrboro. B. Joint Planning Area Land Use Plan. The Orange County- Chapel Hill-Carrboro Joint Planning Land Use Plan dated April 1986 , adopted by Orange County August 19 , 1986 1 ■ (revised October 13 , 1986 ) , amended May 4 , 1987 and as it may be amended from time to time . C. Joint Planning Area Land Use Map. The Orange County- Chapel Hill-Carrboro Joint Planning Area Land Use Map, adopted August 19 , 1986 ( revised October 13 , 1986 ) and as it may be amended from time to time . D. Carrboro Joint Development Review Area (CJDA) . The area lying generally west of a division of the Joint Planning Area and shown as such on the copy of the Joint Planning Area Land Use Map attached to this Agreement , labeled Exhibit A, and incorporated herein by reference . Exhibit A is appended to this Agreement solely for the purpose of indicating the CJDA and the CHJDA boundary. Exhibit A is an accurate copy of the Joint Planning Area Land Use Map as of the effective date of this agreement . However , it will only be changed as the Joint Planning Area Land Use Map is amended if the Map amendments change the location of either the CJDA or the CHJDA. E. Chapel Hill Joint Development Review Area (CHJDA) . The area lying generally east of a division of the Joint Planning Area and shown as such on the copy of the Joint Planning Area Land Use Map attached to this Agreement , labeled Exhibit A, and incorporated herein by reference . Exhibit A is appended to this Agreement solely for the purpose of indicating the CJDA and the 2 r - CHJDA boundary. Exhibit A is an accurate copy of the Joint Planning Area Land Use Map as of the effective date of this agreement . However , it will only be changed as the Joint Planning Area Land Use Map is amended if the Map amendments change the location of either the CJDA or the CHJDA. F. Joint Courtesy Review Area . A portion of the northern Rural Buffer Area bounded on the east by 1-40 and shown as such on Exhibit A. G. Rural Buffer. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan as Rural Residential, Agricultural , Public/Private Open Space , Resource Conservation, Extractive/Disposal Use and the overlay district designated Water Quality Critical Area . This area is further defined as being a low-density area consisting of single-family homes situated on large lots having a minimum size of two (2 ) acres . The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition area , is rural in character and which will remain rural, contain low-density residential uses and not require urban services (public utilities and other town services) . H. Transition Area . That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map 3 . - I as such . This area is further defined as being in transition from rural to urban or already urban in density. Urban services (public utilities and other town services ) are now provided to this area or are projected to be provided to this area . The portion of the Transition Area located in the CJDA shall be further divided into Transition Area I and Transition Area II on the Joint Planning Area Land Use Map. The Joint Planning Area Land Use Plan shall provide that, within Transition Area II , no tract may , after the effective date of this Agreement , be approved for development at a density that exceeds one ( 1 ) housing unit per gross acre until at least 75% of the gross land area of Transition Area I consists of any combination of : 1 . lots containing one acre or less ; 2 . residential developments approved for development at a density of at least one unit per acre; 3 . streets , roads and utility easements located outside of lots containing one acre or less; 4 . lots or tracts that are used for commercial , industrial , institutional or governmental purposes; 5 . tracts that are owned by the University of North Carolina or other non-profit entities and that are not available for development . 4 I . Development Permit . Major subdivision preliminary plat approval and any discretionary permit ( whether called conditional or special use permit or some other term) issued by the Orange County Board of Commissioners, the Chapel Hill Town Council , or the Carrboro Board of Aldermen. J. Involuntary Annexation . Annexation authorized or undertaken pursuant to G.S. 160A-31 , Article 4A, Part 3 . K. Voluntary Annexation . Annexation authorized or undertaken pursuant to G.S. Chapter 160A-31 or G.S. Chapter 160A, Article 4A, Part 4 . Section 1 .3 Effective Date and Duration A. This Agreement, except as provided below, shall become effective on the effective date of an Orange County ordinance ( 1 ) adopting this Agreement (after it has been approved by Chapel Hill and Carrboro ) ; ( 2 ) amending Orange County ' s Zoning Ordinance ( including Zoning Atlas ) and Subdivision Regulations as prescribed in Section 2 . 1 of this Agreement ; (3 ) amending the Joint Planning Area Land Use Plan to reflect the existence of Transition Area I and Transition Area II ; and (4 ) amending the Joint Planning Area Land Use Map to show the location of Transition Area I and Transition Area II as indicated on Exhibit A. Any previously adopted Agreements shall become null and 5 void upon this date . The Appendix to this Agreement shall become effective upon the execution of this Agreement . B. This Agreement , including any Appendix hereto, shall remain in effect until terminated by mutual agreement or by withdrawal of any party. Subject to termination provisions of this Agreement, annexation provisions of this Agreement shall be valid for not more than 20 years and may thereafter be renewed. A party may not withdraw until it holds a public hearing on the proposed withdrawal followed by written notices to the other parties within thirty (30 ) days of the public hearing . The withdrawal shall be effective one ( 1 ) year following receipt by the other party of the written notice . Withdrawal of one party shall not invalidate the Agreement with respect to remaining parties . C. Upon execution of this Agreement , the parties agree that each will take , in a timely manner and without unnecessary delay, all steps ( including but not limited to preparation and adoption of Zoning Maps, appointment of Transition Area representatives to Planning Boards and Boards of Adjustment , and all required land use ordinance amendments) required to cause this Agreement to become effective , and will notify the other parties when those steps have been taken . Orange County will 6 notify the Towns by resolution when this Agreement be- comes effective . This Agreement may become effective as to two parties pending completion of steps necessary to make effective a 3-party Agreement . ARTICLE 2 . ADOPTION, ADMINISTRATION AND AMENDMENT OF STANDARDS Section 2 .1 Standards Within the Transition Area A. Chapel Hill shall prepare a Zoning Map for that portion of the Transition area that lies within the CHJDA and shall recommend its adoption by Orange County which, upon approval and adoption as prescribed in Subsection C of this Section , shall become part of the Orange County Zoning Ordinance . The Zoning Map shall be prepared using zoning districts which correspond to the text of the Chapel Hill Land Development Ordinance and which correspond with the density designations and plan classifications as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map for the CHJDA. B. Carrboro shall prepare a Zoning Map for that portion of the Transition area that lies within the CJDA and shall recommend its adoption by Orange County, which upon approval and adoption as prescribed in Subsection C of this Section, shall become part of the Orange County Zoning Ordinance . The Zoning Map shall be prepared using zoning districts which correspond with the 7 • density designations and plan classifications as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map for the CJDA. Transition Area II shall have density limited pursuant to Section 1 .2H. C. Upon completion of the Zoning Maps referred to in Section 2 . 1A and B above , Orange County shall amend its Zoning Atlas in accordance with said Maps . Orange County shall also adopt by reference ( i ) the Chapel Hill Land Development Ordinance and make its provisions applicable to that portion of the Transition area located within the CHJDA, and ( ii ) the Carrboro Land Use Ordinance and makes its provisions applicable to that portion of the Transition area located within the CJDA. Section 2 .2 Standards Within the Rural Buffer Within the Rural Buffer, the Orange County Zoning Ordinance ( including Zoning Atlas ) and Subdivision Regulations that are in effect on the effective date of this Agreement shall remain in effect unless amended in accordance with Section 2 .6 of this Agreement . Section 2 .3 Permit Administration Within the Transition Area A. Except as otherwise provided in Sections 2 .5 and 2 .6 , the Town of Chapel Hill and the Town of Carrboro , respectively, shall perform all functions related to the administration of the ordinances referenced in 8 Section 2 . 1C . Subject to the remainder of this Section , Chapel Hill and Carrboro shall administer the referenced ordinances just as if the land were located within the respective Towns ' planning jurisdictions . Administration shall include , but not be limited to, the following : 1 . Receipt and processing of applications ; 2 . Issuance of any required permits and certifications ; 3 . Review and approval of required site/construction plans; 4 . Conducting necessary site/building inspections; 5 . Enforcement of all standards ; 6 . Any other acts or things necessary to administer the Ordinances ; and shall be carried out in a manner so as to insure that a developer complies with all applicable ordinance requirements and the terms and conditions of any permit issued by the respective towns . The towns may also charge fees for processing applications , conducting site/construction plan reviews , and carrying out site/building inspections in accordance with fee schedules applicable within their respective planning jurisdictions . B. Whenever Chapel Hill or Carrboro receives an application for a development permit as defined in this 9 Agreement relating to land within their respective portions of the Transition area , it shall forward copies of the application to Orange County for review. The towns shall establish timetables to insure that Orange County has an opportunity to make recommendations regarding such applications within the framework of the County ' s regularly scheduled meeting dates . To the extent possible , the timetables of the County and the towns shall provide for simultaneous review to expedite application processing; provided, however , the towns may not vote to issue or deny a permit until they have received the recommendations of Orange County or until the expiration of forty-five ( 45 ) days after Orange County has received the application, whichever comes first . Section 2 .4 Permit Administration in the Rural Buffer A. Except as otherwise provided in Section 2 .6 and the remaining provisions of this Section , Orange County shall perform all functions related to the administration of the ordinances referenced in Section 2 .2 in the same manner as if the land were located outside the Joint Planning Area. B. Whenever Orange County receives an application for a development permit relating to land located within the CHJDA Rural Buffer or the Joint Courtesy Review Area, it shall forward copies of the application to Chapel 10 Hill for review. Similarly, whenever Orange County receives an application for a development permit relating to land located within the CJDA Rural Buffer or the Joint Courtesy Review Area, it shall forward copies of the application to Carrboro for review. The County shall establish timetables to insure that the towns have an opportunity to make recommendations regarding such applications within the framework of their respective regularly scheduled meeting dates . To the extent possible , the timetables of the respective towns and the County shall provide for simultaneous review to expedite application processing; provided, however, Orange County may not vote to issue or deny a permit until it has received the recommendations of the respective Towns or until the expiration of forty-five ( 45 ) days after the respective towns have received the application , whichever occurs first . Section 2 .5 Enforcement Remedies . A. Permit revocation , if necessary and authorized by ordinance , shall be handled by the same individual or board authorized to issue the original permit . B. Within those portions of the Joint Planning Area where the ordinances specified in Section 2 . 1C are administered by the respective towns , enforcement efforts through the use of civil penalties, criminal penalties or injunctive relief shall be initiated by 11 the respective towns . The towns shall have the duty to defend at their own expense and shall indemnify and hold harmless , to the extent they can legally do so, Orange County, its Board of Commissioners, its advisory boards , its staff and all members of its boards and staffs , in their official and individual capacities, from any and all claims, actions , proceedings , expenses, damages or liabilities, including attorneys ' fees and courts costs , resulting from the towns ' administration of the ordinances specified in Sections 2 . 1 (C) . C. Orange County shall notify the respective towns and the towns shall notify Orange County as soon as practicable thereafter of any such claim, action or proceeding . Section 2 .6 Text and Map Amendments A. Proposed amendments to the Joint Planning Area Land Use Plan and/or the Joint Planning Area Land Use Map may be initiated by ( i ) Orange County or ( ii ) the Towns or any other party by filing a request for such an amendment with Orange County. Any petition or request to amend the Joint Planning Area Land Use Plan received by the County shall be referred to the respective Towns . No such amendment may become effective until after it has been adopted by Orange County, Chapel Hill and Carrboro following a joint public hearing by all three governing bodies. 12 B. Except as provided herein, proposed amendments to the text of the Orange County Zoning and Subdivision Ordinances that are applicable within the Rural Buffer as well as proposed changes in zoning district classifications ( i .e . , zoning map changes ) that affect property within the Rural Buffer shall be initiated and adopted in accordance with the procedures set forth in those County ordinances . All such proposals that affect the CHJDA shall be referred to Chapel Hill for review and recommendation , and all such proposed amendments that affect the CJDA shall be referred to Carrboro for review and recommendation. Orange County may not adopt such proposed amendments until the respective Towns have made their recommendations, or until the expiration of thirty (30 ) days following such referral , whichever occurs first . C. Whenever Chapel Hill proposes to amend the text of its Land Development Ordinance , and whenever Carrboro proposes to amend the text of its Land Use Ordinance , the respective towns shall deliver a copy of the full text of the proposed amendment to Orange County not later than thirty (30 ) days before the date of the public hearing on any such amendment . However, with the written consent of the Orange County Manager or his designate , this thirty (30 ) day period may be reduced to not less than ten ( 10 ) days . Unless Orange County 13 files with the respective towns a written objection on or before the date of the public hearing on the proposed ordinance amendment , then adoption of the amendment by the respective town shall automatically effect a corresponding amendment to the applicable ordinance adopted by reference by Orange County as provided in Section 2 . 1C. Any such objection shall be based on a determination by Orange County that the proposed amendment is inconsistent with the adopted Joint Planning Area Land Use Plan. If a town adopts an amendment despite Orange County' s objection, then it shall refer such amendment to Orange County with a request that the County make corresponding changes as expeditiously as reasonably possible so that the town may continue to enforce within its portion of the Transition area the same standards that it enforces within its own planning jurisdiction. In the event of objection by Orange County as provided herein, no such amendment shall be effective within the Joint Planning Area until it is adopted by Orange County. O. Orange County may not unilaterally amend the text of its zoning or subdivision ordinances applicable to the Transition areas ( i .e . , those ordinances adopted by reference pursuant to Section 2 .1C) . Amendments to the ordinances referenced in Section 2 . 1C by Orange County may be accomplished only pursuant to subsection C above 14 ( including adoption by Orange County following a request to do so by the applicable town ) . Any petitions or request to amend these ordinances received by the County or initiated by the County shall be referred to the respective Towns . E. With respect to property that is located within the CHJDA Transition area , changes in zoning classifications may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Chapel Hill following a joint public hearing by the two governing bodies . With respect to property that is located within the CJDA Transition area , changes in zoning classifications may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Carrboro following a joint public hearing by the two governing bodies . Requests for rezonings within the Transition areas that are filed with the County shall be referred to the respective towns to initiate the amendment process . F. Proposed amendments to the text of this Agreement shall not become effective until approved by the towns and an Orange County ordinance adopting the amendment is adopted by Orange County. Section 2 .7 Representation of Transition Area Residents Chapel Hill shall revise its Land Development Ordinance and 15 Carrboro shall revise its Land Use Ordinance to provide that at least one resident of each town' s respective Transition area shall be appointed to each town' s respective planning board and board of adjustment , in the same manner as representation of extraterritorial planning area residents is provided for in each Town' s ordinance . ARTICLE 3 . LIMITATIONS ON ANNEXATIONS Section 3 . 1 No Annexation Into Rural Buffer Except pursuant to the written consent of all parties to this Agreement , neither Chapel Hill nor Carrboro may annex into the Rural Buffer ( whether by voluntary or involuntary annexation or any other method authorized by law) nor shall any party seek special legislation accomplishing such annexation. Section 3 .2 No Annexation by One Town Into Another Town ' s Transition Area Except pursuant to the written consent of the other town, neither Chapel Hill nor Carrboro may annex into the other' s Transition area ( whether voluntary or involuntary annexation) or any other method authorized by law, nor shall either Town seek special legislation accomplishing such annexation . 16 THIS AGREEMENT entered into this 2nd day of November 198 7 . Chair, Or e County Board of Commissioners Attest: Clef to t••- Board of C. issioners y _- o Town of Chapel Hill Attes • Town U Jerk (( -a S' - . / ayo. , Town of Carrboro Attest: / Cfaka--L e. Town Clerk 17 APPENDIX TO JOINT PLANNING AGREEMENT AMONG ORANGE COUNTY, CHAPEL HILL AND CARRBORO WHEREAS, Orange County , Chapel Hill and Carrboro have executed a Joint Planning Agreement which agreement is that to which this Appendix pertains; and WHEREAS, a Joint Planning/Watershed Work Group, including representatives of the Towns of Carrboro and Chapel Hill and Orange County , developed an "Outline of Agreement in Principle" containing thirteen ( 13 ) statements of principle ; and WHEREAS, the governing boards of Carrboro, Chapel Hill and Orange County have , by resolution, each approved in concept the " Outline of Agreement in Principle; " and WHEREAS, the Joint Planning Agreement to which this Appendix pertains implements those matters in the "Outline of Agreement in Principle" upon which there is agreement among Carrboro, Chapel Hill and Orange County except as provided in this Appendix; and WHEREAS, Carrboro, Chapel Hill and Orange County wish to fully implement those matters in the "Outline of Agreement in Principle" upon which there is agreement . 1 Carrboro , Chapel Hill and Orange County hereby mutually agree as follows: 1 . They have requested OWASA to commission a University Lake Watershed carrying capacity study. They will request OWASA to commission a carrying capacity study for the Cane Creek Watershed. The University Lake Watershed study shall be com- pleted as soon as reasonably possible . 2 . For the period of time ending ninety ( 90 ) days following the completion of the University Lake carrying capacity study the following restrictions on Carrboro, Chapel Hill and Orange County shall apply: a. Except pursuant to the written consent of all three parties, neither municipality may annex into the University Lake Watershed ( whether by involuntary or voluntary annexation or any other method authorized by law) nor shall either town seek special legislation accomplishing such annexation. b. Except pursuant to the written consent of all three parties , no party shall seek or approve or encourage extension of water and sewer lines into the University Lake Watershed. 3 . The University Lake Watershed is, for the purpose of this Appendix, defined in the Joint Planning Area Land Use Plan and located outside of the corporate limits of Carrboro as those limits exist on the date this Appendix is executed. 2 4 . It is the intent of Carrboro, Chapel Hill and Orange County to jointly discuss watershed planning and protection procedures , standards and/or regulations which may be incorporated into ordinances and into the Joint Planning Agreement . This Appendix entered into this 2nd day of November 1987 . ///1.44,00644.6 Chair, •• - ge County Board of Commissi•ners Attest: Clerk to a oard of mmissioners or, Town of Chapel Hill Att=-t: - dv ,, To Cl- k _ c:(.?" ///VA / Mayo Town of Ca' rboro Attest: cjatcat-.) �'. (_AJ.c.t l Lao a,v Town Clerk 3 .,T. EXHIBIT A • • • 027 - . e‘w • 1,%.11„1% ip,„ •„fti. A , \ • ...,„ a...it V ar'1'41' • 0 st-- • .. JO/NT if 44.416.—.4 ) % • ..to ...........4... •• BUFFER VtAyirik wrrileiti 4 i . 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