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Agenda - 07-06-1987
1 ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING MONDAY, JULY 6, 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 E. REPORTS PAGE # F. ITEMS FOR DECISION--CONSENT AGENDA (Any item may be removed for separate consideration) 002 1. Emergency Shelter Grant Agreement 018 * 2 . Proposed Alert Cable Ordinance Franchising Amendments--Second Reading 019 * 3 . Proposed Carolina Cable Ordinance Franchising Amendments--Second Reading 020 * 4 . Rental Rehabilitation Agreement 027 * 5. Pharmaceutical Services for Health Department Agreement 033 * 6. Computer Services Agreement with Carrboro 035 * 7 . Office Space Requirement--Southern Orange — a WAGE # 043 * 8. Landfill Schedule of Fees 046 * 9. Reappointment--Assessor and Tax Collector 01+7 10. Environmental Affairs Board Grant Renewal G. ITEMS FOR DECISION--REGULAR AGENDA 057 1. Governor' s Statewide Volunteer Awards Program 058 2 . Eno River Estates--Preliminary Plan 081 3 . Subdivision of Lot 101 of Property of Margaret Yost--Preliminary Plan 092 4. Subdivision of H. Edward Wright Property-- Preliminary Plan 101 5. Quailview Subdivision--Preliminary 111+ 6. Gatemoore Subdivision--Preliminary 133 7. Zoning Ordinance Amendment - Article 5. 1. 1 (Schedule for Residential Development) 139 8. Flowers Mobile Home Park PD 1-87 171 9. Zoning Ordinance Amendment - Article 2 . 3.3 Board of Adjustment Administration 183 10. Subdivision Regulations Amendment--Section III-B3 Staff Review 188 11. Subdivision Regulations Amendment--Section VIII-B Amendment Procedure 199 12 . Little River Township Land Use Plan 218 13 . Update Methodology- Land Use Plan Township Compo- nents 221+ *14. Sunset Ridge Section II--Preliminary 242 15. Addition of State Maintained Road--Fork Drive 246 *16. Tax Settlement 247 *17. Resolutions for the NCACC Annual Conference 248 *18. Animal Control Fees for 1987-88 250 *19. Moratorium on Enforcement of Animal Control Ordinance 251 20. Disclosure Forms for Commissioners 252 21. Legal Services Contract H. APPOINTMENTS I. ADJOURNMENT (*) Indicates items that need immediate attention. 1 APPROVED NOVEMBER 2, 1987 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS REGULAR MEETING JULY 6, 1987 The Orange County Board of Commissioners met in regular session on July 6, 1987 at 7:30 p.m. in the courtroom of the Old Courthouse, Hillsborough, North Carolina. BOARD MEMBERS PRESENT: Chair Shirley E. Marshall and Commissioners Moses Carey, Jr. , Stephen Halkiotis, and John Hartwell. BOARD MEMBER ABSENT: Commissioner Don Willhoit. ATTORNEY PRESENT:. Geoffrey Gledhill. STAFF PRESENT: Assistant County Managers Albert Kittrell and William T. Laws, Planner Gene Bell, Clerk to the Board Beverly A. Blythe, Planning Director Marvin Collins, Planner Emily Crudup, Tax Collector John T. Horner, Purchasing Director Pam Jones and Planner Greg Szymik. A. BOARD AND MANAGER'S COMMENTS Chair Marshall made the following changes to the agenda: (1) Add item G.OA to acknowledge resignation of the County Manager. (2) Add item G.OB to appoint an interim County Manager. (3) Remove item F7 from the Consent Agenda and add as item G16A. She announced that the Capacity Use Study would be presented to the Environmental Management Commission on 10 September, 1987. The Chamber of Commerce has requested a delay in the appointment of a Chamber represent- ative to the Economic Development Commission. B. AUDIENCE COMMENTS 1. MATTERS ON THE PRINTED AGENDA Those who have indicated a desire to speak will be recognized at the time their item appears on the agenda. 2 . MATTERS NOT ON THE PRINTED AGENDA None C. MINUTES Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the minutes for June 8, 1987 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the minutes for June 29, 1987 as circulated. VOTE: UNANIMOUS. PUBLIC CHARGE Chair Shirley E. Marshall read the Public Charge. D. RESOLUTIONS OR PROCLAMATIONS None. E. REPORTS None. F. CONSENT AGENDA Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to approve the Consent Agenda as listed below: 1. EMERGENCY SHELTER GRANT AGREEMENT To approve the execution of the Emergency Shelter Grant Agree- 2 ment and Funding Approval and the Agreement between Orange County and the Inter-Faith Council for Social Services and authorize the Chair to sign both agreements. 2 . PROPOSED ALERT CABLE ORDINANCE FRANCHISING AMENDMENTS - SECOND READING (Copy of this ordinance as amended is in the official Ordinance Book in the Clerk's office and attached to these minutes. To approve the amendment to the Alert Cable T.V. Franchise for area expansions as recommended by the Cable T.V. Citizens Advisory Commit- tee. 3 . PROPOSED CAROLINA CABLE ORDINANCE FRANCHISING AMENDMENTS -SECOND READING (Copy of these amendments are in the official Ordinance Book in the Clerk's office and attached to these minutes. To approve the amendment to the Carolina Cable T.V. Franchise to reflect changes in the County's Cable T. V. service areas. 4. RENTAL REHABILITATION AGREEMENT To amend the Agreement for Consultant Services with the Town of Chapel Hill to provide housing rehabilitation services for the Rental Rehabilitation Program to extend the term of the agreement to September 30, 1987 and authorize the Chair to sign. 5. PHARMACEUTICAL SERVICES FOR HEALTH DEPARTMENT AGREEMENT This item was removed from the Consent Agenda and placed under item G16B. Under item G16B, this item was tabled. 6. COMPUTER SERVICES AGREEMENT WITH CARRBORO To approve the agreements between the Town of Carrboro and the County to extend computer services from July 1, 1987 to June 30, 1988 and to authorize the Chair to sign. 7. OFFICE SPACE REQUIREMENT - SOUTHERN ORANGE This item will be addressed as item G16A. 8. LANDFILL SCHEDULE OF FEES To adopt the following fee schedule for the Orange County Land- fill for fiscal year 1987-88: General Refuse from $3. 00 to $4. 00 per ton Bulk Refuse from $5.00 to $6.00 per ton Carload from $1.00 to $2.00 Pickup truck or trailer from $2.00 to $3 . 00 9. REAPPOINTMENT - TAX ASSESSOR AND TAX COLLECTOR To appoint Kermit Lloyd as Tax Assessor and John T. Horner as Tax Collector for two-year terms to end on June 30, 1989. 10. ENVIRONMENTAL AFFAIRS BOARD GRANT RENEWAL To approve an additional $5, 000 grant for an ongoing function of the Environmental Affairs Board, with the Assistant Manager designated as the grant administrator and authorize the Chair and Assistant Manager to sign grant renewal pending attorney approval of contract form. VOTE: UNANIMOUS. G. ITEMS FOR DECISION - REGULAR AGENDA OA. RESIGNATION OF COUNTY MANAGER A letter of resignation was received from the County Manager on July 2, 1987. Motion was made by Commissioner Carey, seconded by Commissioner 3 Hartwell to accept the resignation and terms as stated in the letter of resignation from Kenneth R. Thompson effective August 2, 1987. VOTE: UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the appointment of Albert Kittrell to the position of interim County Manager starting at the close of business August 2, 1987, with compensation as provided for in the County's Personnel Ordinance Article 2, Section 4. 6. VOTE: UNANIMOUS. 1. GOVERNOR'S STATEWIDE VOLUNTEER AWARDS PROGRAM The following nominees were approved by acclamation: Bonnie Davis and Ron Hyatt - Community Volunteer Awards The Exchangette Club of Hillsborough - Volunteer Organization Paulette McPherson - School Volunteer Award 2. ENO RIVER ESTATES - PRELIMINARY PLAN Planner Greg Szymik presented for consideration the preliminary plan for Eno River Estates. The property is located in Cedar Grove Town- ship extending from Lake Orange Road. Twenty-seven lots are proposed out of approximately 81 acres. The Planning Board recommended approval subject to three conditions. Motion was made by Commissioner Hartwell, seconded by Commis- sioner Carey to approve the preliminary plan subject to three conditions: (1) Provide a notation on the Final Plat indicating restricted development potential if lots 17 and 18 prove unsuitable for septic systems. (2) Meet with the Recreation and Parks Director regarding a voluntary donation of an easement in the 100-year flood- plain area adjacent to the Eno River. (3) Construction of all roads in the subdivision and upgrading Lake Orange Road from the end of State maintenance to the subdivision, including the Eno River bridge, to NCDOT standards as proposed by the applicant. VOTE: UNANIMOUS. 3 . SUBDIVISION OF LOT 101 OF PROPERTY OF MARGARET YOST - PRELIMI- NARY PLAN Greg Szymik presented for consideration the preliminary plan for the subdivision of Lot 101 of the Margaret Yost property. The property is located in Eno Township off Piney Grove Church Road, south of U.S. 70 and adjacent to Interstate 85. The subdivider is proposing four new lots from lot 101 which has a total acreage of 10. 01 acres. The property is zoned Residential-1/MTC. The Land Use Plan designation is Rural Residential. Motion was made by Commissioner Hartwell, seconded by Commiss- ioner Carey to approve the preliminary plan with the addition of a Type F (100' ) Buffer along the southern property line adjacent to Interstate 85. VOTE: UNANIMOUS. 4. SUBDIVISION OF H. EDWARD WRIGHT PROPERTY -- PRELIMINARY PLAN Emily Crudup presented for consideration the preliminary plan for the subdivision of Edward Wright property. The property is located in Chapel Hill Township on the south side of Cheyenne Drive west of NC 86. Two lots are proposed out of 6.8 acres. The property is zoned Rural Buffer and designated as Rural Residential on the JPA Land Use Plan. Motion was made by Commissioner Hartwell, seconded by Commis- sioner Carey to approve the preliminary plan with the submission of pay- ment-in-lieu of dedication of recreation/open space in the amount of $334. 4 VOTE: UNANIMOUS. 5. OUAILVIEW SUBDIVISION - PRELIMINARY. Greg Szymik presented for consideration the preliminary plan for Quailview Subdivision. The property is located in Chapel Hill Township on Bowden Road. Fourteen lots are proposed out of a 31.66 acre tract. A public road will be built to state standards. The property is zoned Rural Buffer and designated Rural Buffer and PW-II in the Joint Land Use Plan. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the preliminary plan with the conditions that (1) the area indicated on the preliminary plan to be dedicated to Orange County as recreation area be redrawn with a variable width so as to include all of the two islands shown on lots 104 and 106 and (2) that access to all lots in the subdivision be limited to Quailview Drive. VOTE: UNANIMOUS. 6. GATEMOORE SUBDIVISION - PRELIMINARY Greg Szymik presented for consideration the preliminary plan for Gatemoore Subdivision. Consideration of the plan was continued until this meeting to permit development of a policy regarding certification of improvements. The property is located in Hillsborough Township on the north side of Oakdale Drive. It is zoned R-15 in the Town of Hills- borough's jurisdiction. Public roads will be constructed to state standards. Thirty-seven (37) lots are proposed out of a 19.82 acre tract. Hillsborough water and sewer is proposed for the tract. The Land Use Plan designation is 10 year transition. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the preliminary plan for Gatemoore Subdivi- sion subject to nine conditions as listed below: (1) Water and sewer must be available to the site. (2) Utilities be placed underground consistent with Section 5. 14 and 5. 15 of the Zoning Ordinance. (3) Maintenance of the sewer pump station to be as required by the Town of Hillsborough. (4) A voluntary annexation petition is to be filed with the Town of Hillsborough. (5) The Final Plat be sent to the Hillsborough Planning Board for their review. (6) A chain link fence be erected around the Wet Pond for safety of youngsters. (7) The common Area/Stream Buffer, including the Wet Pond and surrounding fence, shall be designated as a lot on the final subdivision plat. The area of the lot shall be indicated, and provision shall be made for the maintenance of the tract and facilities located thereon through an approved homeowners association as required by Section V of the Subdivision Regulations. (8) Construct a 12 ' x 150' right turn taper in Phase I on SR 1133, Oakdale Drive. (9) Construct a left turn lane on SR 1133, Oakdale Drive for Phase I. VOTE: UNANIMOUS. 7. ZONING ORDINANCE AMENDMENT - ARTICLE 5. 1. 1 (Schedule for Residential Development) Marvin Collins presented for consideration a revision to Article 5. 1. 1 of the Zoning Ordinance which added the required minimum recreation space ratios for Planned Development-Mobile Home Parks to the schedule for residential development, single and two family, multifamily, residential 5 hotels, rooming houses, etc. (page 5-2 of the Zoning Ordinance) 2iSatifAP21 Motion was made by Commissioner Hartwell, seconded by Commis- sioner Halkiotis to approve the amendment to Article 5. 1.1 of the Orange County Zoning Ordinance. VOTE: UNANIMOUS. 8. FLOWERS MOBILE HOME PARK PD 1-87 The County Attorney explained Special Use Permits and the pro- cess that is followed in considering and approving an application for a Planned Development. Marvin Collins presented for consideration an application for a proposed Planned Development - Mobile Home Park. Flowers Mobile Home Park is an existing park located in Eno Township on the west side of Mt. Hermon Church Road. The proposed Planned Development would be an expansion of the existing park, adding 25 mobile home spaces to the 43 existing spaces. The tract on which the park addition is to be located consists of 25 acres west of and adjacent to the existing park. The property is currently zoned R-I and is designated Rural Residential in the Land Use Plan. The Planning Board considered the evidence as presented at the Public Hearing and found no evidence that would warrant a denial of the application. They found the applicant complied with the standards, specific rules and required regulations. Certain negative findings were made which are addressed through conditions of approval attached to the Special Use Permit. The Planning Board recommended approval of the request with the attachment of 17 conditions. Conditions 5, 6, 8, and 13 address the negative findings found by the Planning Board. Motion was made by Commissioner Hartwell, seconded by Com- missioner Carey to approve the request for a Class A Special Use Permit for the Planned Development - Mobile Home Park application of Flowers Mobile Home Park and rezoning of the property from Residential-1 to PD- MHP-R-1 subject to the seventeen (17) conditions as listed below. Motion for approval is based on positive findings by the Board of Commissioners that there is a preponderance of evidence which indicates compliance with the general standards and specific rules governing the specific use or where negative findings have been made, compliance with the required standards and regulations has been assured through the recommended con- ditions of approval. Chair Marshall amended the motion to add conditions 18 and 19 as listed below: 1. The grantee of this Special Use Permit shall post with Orange County, in a form acceptable to the County Attorney, a bond or letter of credit in an amount equal to the cost of all public improvements plus 10%. The amount shall be determined on the basis of fully executed construction con- tracts or certification by a registered engineer employed by the grantee of this Special Use Permit. Security for construction of the improvements in this project may follow phasing in the project. Specifically, as improvements are completed in each phase a corresponding amount of money may be released from the security instruments or the security instruments may be renegotiated based on the "yet to do" portion of the improvements. 2 . Security shall be provided for the grading, paving and stabilization of all cleared areas, streets and other vehicular travelways; sidewalks and other pedestrian walk- ways; erection of street signs; utility installation and . • 6 hookups; recreational facilities landscaping and mulching around all mobile home units. 3. All necessary easements to permit utility (electricity, telephone and cable television by any cable television provider franchised by Orange County to serve this devel- opment) installation, servicing and hookups to the devel- opment and to each unit within the development shall be provided at no cost to the utility provider. 4. Roads, parking areas, walkways, street signs and lights, utilities, recreation facilities and sites, landscaping and mulching around units shall be maintained as constructed. All such improvements and facilities shall further be main- tained and operated in a safe manner. 5. The grantee shall promulgate rules and regulations govern- ing tenancy in the development which shall restrict accumu- lation of litter, trash and debris outside of the mobile home units, shall restrict storage of abandoned appliances, automobiles, building materials and similar materials out- side of mobile homes and shall further prevent the growth of ragweed, poison ivy, poison oak or other noxious weed. The grantee shall file with the Orange County Planning Department a copy of the rules and regulations promulgated under this condition and maintain an up-to-date copy of the rules and regulations in the Orange County Planning Depart ment. 6. All roads will be named and the names not duplicate any other names within Orange County. Road name signs to Orange County standards shall be erected at all inter- sections. 7. Removal of snow and ice from the roads in the development and the sidewalks within the development shall be the responsibility of the grantee. Such removal shall be com- pleted promptly. 8. Prior to the initiation of construction activity, final approval by the State must be obtained for the community well system and the community low pressure wastewater dis- posal facility. 9. The recreation areas shall be constructed as provided in the approved final application and site plan. 10. Grading on the site shall be kept to a minimum. Existing vegetation shall be maintained between units. 11. All plans for drainage, soil erosion and sedimentation con- trol shall be reviewed and approved by Orange County prior to the start of construction. In addition, Orange County shall inspect the installation of control devices and the on-going work for the total project. The project shall at all times meet the requirements of the Orange County Soil Erosion and Sedimentation Control Ordinance. 12. The project must remain in unitary ownership and no lots - • 7 can be sold to individuals. 13 . A unit numbering system and corresponding unit location based on the equal interval numbering system employed by Orange County shall be permitted to and approved by the Planning Department prior to the issuance of any building permit. This system shall be used in obtaining and issuing any building permit. Any change in the unit numbering system must be filed with the Orange County Planning Department. An approved copy shall also be filed with the emergency/fire service agency serving the park. 14. A final boundary survey of the Planned Development and public improvements shall be recorded by the developer. 15. The final site plan and narrative of the project incor- porating all changes, deletions and additions through the final approval of the project are incorporated herein and made a part of this Planned Development Special Use Permit. A copy of the final site plan and narrative are on file with the Orange County Planning Department. Grading and building permits, upon application, will be issued after approval and recordation of the Special Use Permit. 16. The development shall be built and operated according to the site plan and written narrative supplied by the developer and in compliance with the above conditions. 17. Should any of the above conditions be held invalid, this approval shall be void. 18. Building heights shall be no more than 25 feet. 19. An attached structure shall be at least 5 feet from any other mobile home or building. VOTE: UNANIMOUS. 9. ZONING ORDINANCE AMENDMENT - ARTICLE 2. 3 .3 Greg Szymik presented for consideration a Zoning Ordinance Amendment to Article 2 .3 . 3 which would change the notification procedure for public notices for amendments to ordinances. This change would make the procedures uniform for all ordinances. The proposed amendment to Article 2.3 .3 would require that public hearing notices for property for which a Class B Special Use Permit or variance has been requested would need to be posted at least ten (10) days prior to the public hearing date. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the amendment with an effective date of July 6, 1987. VOTE: UNANIMOUS. 10. SUBDIVISION REGULATIONS AMENDMENT - SECTION III-B3 STAFF REVIEW Greg Szymik presented for consideration an amendment to the Sub- division Regulations Section III-B-3 which contains the procedure for Sketch Plan review of subdivision proposals. The proposed revision places a time limit of one (1) year on the validity of the Planning Staff Sketch Plan comments and clarifies language in the regulations regarding the significance of the comments. Motion was made by Commissioner Hartwell, seconded by Commis- sioner Carey to approve the proposed amendment with an effective date of • 8 July 6, 1987 and to include all sketch plans which are currently on file in the Planning Department. VOTE: UNANIMOUS. 11. SUBDIVISION REGULATIONS AMENDMENT - SECTION VIII-B AMENDMENT PROCEDURE Greg Szymik presented for consideration a proposed amendment to Section VIII-B of the Subdivision Regulations. This amendment would make the procedure for public notification for public hearings uniform. The proposed amendment to Section VIII-B would require that the first advertisement of a notice of public hearing regarding a proposed ordinance amendment appear in a newspaper not less than ten (10) and not more than twenty-five (25) days prior to the hearing. Motion was made by Commissioner Hartwell, seconded by Commis- sioner Halkiotis to approve the proposed amendment with an effective date of July 6, 1987. VOTE: UNANIMOUS. 12. LITTLE RIVER TOWNSHIP LAND USE PLAN Planner Gene Bell presented for consideration a proposed amend- ment to the Little River Township component of the Land Use Plan. The draft plan was presented at public hearing on June 1, 1987. The only comment received was from the City of Durham expressing a concern about watershed protection in portions of the Flat and Little River drainage basins. The Little River TAC recommended approval with three conditions and asked that implementation strategies not be limited solely to zoning. Other possibilities mentioned included programs of the Soil Conservation Service and a Watershed Protection Ordinance. The Orange County Planning Board recommended approval with two conditions. The County Manager recom- mended approval and stipulated further study of the Orange County Speedway as an activity node. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the plan as presented with the exclusion of the Berry's Grove activity node and to direct the staff to perform further study and bring back as a Land Use Plan amendment a recommendation for inclusion of the speedway as an activity node. VOTE: UNANIMOUS. 13 . UPDATE METHODOLOGY - LAND USE PLAN TOWNSHIP COMPONENTS Marvin Collins presented for consideration the methodology that is proposed for use in updating the Orange County Land Use Plan. The strategy to be employed is a township-by-township plan update, followed by the County plan update which incorporates the individual township com- ponents. The Work Plan involves ten (10) steps. After extended discussion, it was the consensus of the Board that the same methodology that was used in updating the Little River Township Land Use Plan Component be used in updating the components for other townships. 14. SUNSET RIDGE SECTION II - PRELIMINARY Greg Szymik presented for consideration the preliminary plan for Sunset Ridge Section II. The property is located in Cheeks Township south of West Lebanon Road between Mill Creek Road and Doe Run Road. Thirty eight lots are proposed out of 45. 02 acres. The property is zoned Rural Residential in the Land Use Plan. Public roads will be constructed to State standards. Motion was made by Commissioner Hartwell, seconded by Chair Marshall to approve the preliminary plan with the attachment of four conditions as listed below: mmmm r 9 (1) Revision of preliminary plan or provision of separate land- scape plan identifying stands of existing trees and those trees to be preserved upon project completion, specifying location, species, and approximate size. (2) Provide typical landscaping detail plans in accordance with Section IV-B-8-c of the Subdivision Regulations for those areas where existing landscaping is not available. (3) Submittal to and approval by the County Attorney of cove- nants and restrictions, articles of incorporation and/or bylaws for the homeowners association that will govern the maintenance and control of the common areas. The home- owners association agreement shall be submitted to the Planning Board prior to final plat approval and shall spell out maintenance recommendations from the County Erosion Control Officer and shall specify that the developer will contribute to the homeowners association in accordance with the number of lots the developer owns. (4) Lots 1, 8, 21, 33, 34, 37 and 38 must be combined with other lots or labeled as of restricted development poten- tial as required by Section III-E-5-e of the Subdivision Regulations. If labeled, an instrument must also be recorded with the Final Plat which describes the restricted lots by metes and bounds. VOTE: UNANIMOUS. 15. ADDITION OF STATE MAINTAINED ROAD - FORK DRIVE Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to accept the petition from NCDOT and approve the addition of Fork Drive in North Fork Subdivision to the State-Maintained Secondary Road System. VOTE: UNANIMOUS. 16. TAX SETTLEMENT (The report is an attachment to these minutes on pages 2N C-D 1421 In accordance with General Statutes 105-373 . 3, the Director of Revenue John T. Horner presented to the Board the Tax Settlement on current and delinquent taxes which gives the amount charged, the amount unpaid and the amount collected for 1986 and prior. Motion was made by Commissioner Hartwell, seconded by Chair Marshall to accept the report and enter the settlement into the minutes. VOTE: UNANIMOUS. 16A. OFFICE SPACE REQUIREMENT - SOUTHERN ORANGE William T. Laws explained that the lease at the Old Police Building expires July 12 and an extension has been requested. A building has been located on Laurel Avenue in Carrboro to house those offices presently located in the Old Police Building. Renovations estimated at $25, 000 will be necessary to the building. The space rents for $6.00 per square foot which does not include utilities. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve a five year lease with Grey Moody from July 6, 1987 through June 30, 1992 for the Laurel Avenue property and authorize the Chair to sign. VOTE: UNANIMOUS. 16B. PHARMACEUTICAL SERVICES FOR HEALTH DEPARTMENT AGREEMENT This item was tabled. It will be on the next agenda. , . 10 17. RESOLUTIONS FOR THE NCACC ANNUAL CONFERENCE None. 18. ANIMAL CONTROL FEES FOR 1987-88 Albert Kittrell outlined three different proposals for license fees to be charged for dogs and cats -- spayed/neutered or unspayed/unneutered. Commissioner Carey stressed that the fees must be high enough to provide an incentive to the pet owner to get their pet spayed or neutered while at the same time make it economical for the owner to get animals spayed and neutered. Discussion ensued on the different proposals and the effective date for the new fees. The present fees will remain in effect until the new fee schedule is adopted. Motion was made by Chair Marshall, seconded by Commissioner Hartwell to keep the fee for 1987-88 at $5.00. The Board will consider a proposal and act on a policy that will deal with registering and setting a rate for spayed and unspayed animals before the tax abstracts are to be printed. VOTE: UNANIMOUS. 19. MORATORIUM ON ENFORCEMENT OF ANIMAL CONTROL ORDINANCE The Animal Protection Society has requested that a moratorium be placed on enforcement of the proposed animal control ordinance until an Animal Control Director has been employed. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to adopt an effective date of January 1, 1988 for the enforcement of the revised Animal Control Ordinance that was approved on June 16, 1987. VOTE: UNANIMOUS. 20. DISCLOSURE FORMS FOR COMMISSIONERS After a brief discussion it was decided that a standard form would be prepared by the County Attorney that may be used by the Board members for disclosure purposes. 21. LEGAL SERVICES CONTRACT Motion was made by Commissioner Carey, seconded by Chair Marshall to approve the legal services contracts with Coleman, Bernholz, Dickerson, Bernholz, Gledhill and Hargrave effective July 1, 1987 for a sum of $3, 000 retainer fee each month and an hourly charge of $75. 00 for services performed. VOTE: UNANIMOUS. H. APPOINTMENTS The following appointments were made: COMMISSION FOR WOMEN - Judy Jacobs and Lucy Lincoln ECONOMIC DEVELOPMENT COMMISSION - Elaine Parker DOGWOOD ACRES SANITARY DISTRICT BOARD - Barbara Lawler. I. ADJOURNMENT With no further business to come before the Board, Chair Marshall adjourned the meeting. The next regular meeting will be held on August 3, 1987 at 7:30 p.m. in the Courtroom of the Old Courthouse, Hillsborough, North Carolina. Shirley E. Marshall, Chair Beverly A. Blythe, Clerk - 1 2_ I 13 4 x e cco _d O N r`e'-f 1 ,1:,,,—,...7.7, I N "'� I La�'+tp 1 n n CO 1 .+,.� I n a O N a P�d 7 n p "+a•• n O ••�r� ¢cam 000 000 Od0 000 m.• .•• •..NNINND aro.tr nnp •.~~ -•d 1 -..--.• -0 b «• N •..r It 1■o x_7.7..7 a LnLn LN1 Lh Ln CC o"''K ��n 1 nnn I nn 1 �rN. 1 �� - 1 Lan1�n 4NyvNiv~i a� a Lei N I �h 1 Q N~ a4 • • 1 • I•M ILn w Cr, W CD L J `- t •C'•'t• a 1 as 1 NN 1 oar 1 0� n a4ar 1 ��m 0000 Om-- co0-• 00•- nn 1%. N. P.N. nnn Imm Inn In 1 Inn•O u7 0 w = = C=> c v Lu�1 u�'i co co p 0 CO-- 0..� p n •.1 sg� aoo loo0 1ao� 1ao_ 100- 1 �� 14. vmq aoa. ot• as I °acv I Ion . N N NN ^laa I•ar.al INN a Cr) a c9 x lLl C.n -= I MNN 1 NN N 1 N N I TKO 1 0... 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J ..J 0 v.0 caw o 1 1 1 1 1 I Oa I l l d l l I N I I I N I 1 1 N 1 1 N 1 I CD I l 1 1 1 1 1 1 1 1 t 0 I I I sT C C--, '-;1 x o Q o d Ln sue# - 1 1 1 1 1 1 1 1 ry 1 1 1 1 1 1 n l l l I 1 L d n 1 I 4gry 1 1 I C I 1 1 1 1 1 1 D I I I {1') W" . •.-•-• 0000 pogo qod- 0 00 - b a° °a q O NNN boon o0bo gppq O o d d . = ODOq Oa0- 000 0 1 1 1 O I I I Ln 1 1 0 1 1 0 1 1 1 1 1 1 1 1 1 1 7 0 i l l r- 4. 4. 000- 000 In o` t: CD Ka mglop aaoa aaC - NNNh n% .,y a1 N a 1 L 4 4 4 _ r F i -.r _N i _n.i r« O A AQ -1.a. -I. -I. - r w••r - w -r La OACO d17CC pCDC OO -« V J 4 4 4 1 4 a 4 4 4 4 a 4` O...6 4 a 4 d 4 Q 4� D 4 a --a -d d O d v - A C - -O c Z d d 4 d pp.. ss 4 t C7C G r� J v U U C L� Z U 1,1.1 H C7 I- 10I 1S10 9NINOZ x W 5-2 ORANGE COUNTY DEPARTMENT OF REVENUE 208 SOL TH CAMERON STREET HILLSBOROUGH, NORTH CAROLINA 77278 JOHN T. HORNER Ph: Hillsborough 732-8181 Dire:tor;I Rcierae Chapel Hill 967-9251 Mebane 227-2031 Durham 688-'3:31 TO: Commissioners , Orange County FROM: John T. Horner, Director Revenue REFERENCE: Annual Settlement DATE: July 6 , 1987 As required by GS 105-373 (3) attached is the settlement for taxes . This includes all taxes charged to the collector thru June 30, 1987 . Page 1 REPORT OF TAXES COLLECTED FOR YEAR ENDING JUNE 30 , 1987 ORANGE COUNTY Levy for 1986 $ 19 , 231, 720.96 1985 and prior $ 373,430 . 04 Total interest charged $ 80, 078.94 Total $ 19 ,685 , 229 .94 Levy collected for 1986 $ 18 ,899 ,384.97 1985 and prior $ 255,063. 72 Accounts receivable 1986 $ 332, 335.99 1985 and prior $ 118 , 366 . 32 Total interest collected $ 80, 078 .94 Total $ 19 ,685 , 229 .94 * * * * * * TOWN OF CHAPEL HILL Levy for 1986 $ 7,043, 164. 13 1985 and prior $ 120, 312.69 Total interest charged 19 , 101. 35 Total $ 7, 182, 578 . 17 Levy collected for 1986 $ 6 ,942, 254.67 1985 and prior $ 58, 523 .46 Accounts receivable 1986 $ 100,909 .46 1985 and prior $ 61, 789 . 23 Total interest collected $ 19 ,101. 35 Total $ 7, 182, 578 .17 Page 2 REPORT OF TAXES COLLECTED FOR YEAR ENDING JUNE 30, 1987 TOWN OF CARRBORO Levy for 1986 $ 1, 783,826 . 16 1985 and prior $ 35, 850 . 02 Total interest charged $ 5 ,860.92 Total $ 1,825, 537 . 10 Levy collected for 1986 $ 1,759 ,604.98 1985 and prior $ 21,601,60 Accounts receivable 1986 $ 24, 221,18 1985 and prior $ 14, 248 .42 Total interest collected $ 5,860.92 Total $ 1, 825, 537 .10 * * * * * * TOWN OF HILLSBOROUGH Levy for 1986 $ 362,456. 21 1985 and prior $ 7, 085 . 11 Total interest charged $ 1,482 .08 Total $ 371,023.40 Levy collected for 1986 $ 354,308 .02 1985 and prior $ 4, 357 .26 Accounts receivable 1986 $ 8, 148. 19 1985 and prior $ 2,727 .85 Total interest collected $ 1,482 .08 Total $ 371,023.40 UU1 ORANGE COUNTY Action Agenda BOARD OF COMMISSIONERS Item No. ACTION AGENDA ITEM ABSTRACT MEETING DATE July 6, 1987 Subject: MINUTES C Department: BOARD OF COMMISSIONERS Public Hearing: Yes X no li 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: June 8, 1987 - Budget Public Hearing June 29, 1987- Budget Public Hearing 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. • OO;� ORANGE COUNTY BOARD OF COMMISSIONERS Action Ag n a Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: July 6. 1987 SUBJECT: Emergency Shelter Grant Agreement DEPARTMENT: Housing/comity Development PUBLIC HEARING: Yes No ATTACHMENT(S) : INFORMATION CONTACT: Tara L. Pikes 1 urgency Shelter Grant Agreement TELEPHONE NUMBER: 2 Approval 3 Original Application Hillsborough - 732-8181 4 Agreement Chapel Hill - 968-4501 Mebane - 227-2031 . Durham - 688-7331 PURPOSE: TO approve execution of the Emergency Shelter Grant Agreement. Funding Approval and Agreement with the subgrantee - Inter-Faith Council for Social Service. BACKGROUND: On May 4, 1987, Orange County was selected to receivea ..$5-,"000 in funding under the Emergency Shelter Grants. Program (ESGP).. The purpose of this grant is to help improve the quality and availability of emergency shelters and services for the homeless in their communities. The County must execute three copies of the Grant Agreement and Fund Approval Form in order to receive grant funds. These documents along with the approved Grant Application and regulations constitute a contract between NRCD and Orange County. State and federal regulations also require that any ESGP funds received must be matched with non ESGP funds by the local govern- ment or a subrecipient and expended within six months of award. The Inter-Faith Council which operates an emergency shelter. in Chapel Hill will act as subrecipient and provide the matching re- sources necessary. Inter-Faith will use the funds to purchase a commercial stove for the Com unity Kitchen. blankets and cots. and to supplement maintenance costs at the shelter. An agreement between Inter-Faith and Orange County needs to be executed which will govern the expenditure of funds for those services. RHOONN DATIW(S): 1. Approve the execution of the Emergency Shelter Grant Agreement and Funding Approval and authorize the Chair to sign on behalf of the board. 2. Approve the Agreement between Orange County and the Inter-Faith Council for Social Service-and likewise authorize the Chair to sign. 003 NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT GRANT AGREEMENT EMERGENCY SHELTER GRANTS PROGRAM Upon execution of this grant agreement, the North Carolina Department of Natural Resources and Community Development (NRCD) agrees to provide the recipient the Emergency Shelter Grants Program assistance under the Homeless Housing Act of 1986, as amended, (PL99-500) authorized by the NRCD Funding Approval, the North Carolina Emergency Shelter Grant Program Administrative Rules, applicable laws and all other requirements of NRCD now or hereafter in effect. The grant agreement is effective on the date the grant agreement and funding approval are signed by the recipient. The grant agreement consists of the rules in Title 15, subchapter 13N of the North Carolina Administrative Code (Emergency Shelter Grants Program Administrative Rules) , subsequent guidelines prepared by NRCD, the approved application, any subsequent amendments to the application, and the following general terms and conditions: 1. Definitions. Except to the extent modified or supplemented by this document, any term defined in the North Carolina Emergency Shelter Grants Program Administrative Rules, 15 NCAC 13N, shall have the same meaning when used herein. (a) Agreement means this grant agreement, as described above, and any amendments or supplements thereto. (b) Recipient means the entity designated as a recipient for grant assistance in the grant agreement and funding approval. (c) Certifications mean the certifications submitted with the grant application pursuant to the requirements of Paragraph (d) of Section .0303 of the North Carolina Emergency Shelter Grants Program Administrative Rules, 15 NCAC 13N. (d) Assistance provided under this agreement means the grant funds provided under this agreement. (e) Program means the program, project, or other activities for which assistance is being provided under this agreement. 2. Obligations of the Recipient. The recipient shall perform the program as specified in the application approved by NRCD. The recipient shall comply with the certifications pursuant to Paragraph (d) of Rule .0303 of the North Carolina Emergency Shelter Grants Program Administrative Rules, 004 15 NCAC 13N. The recipient shall also comply with all other lawful requirements of NRCD, all applicable requirements of the General Statutes of the State of North Carolina and any other applicable laws and Executive Orders currently or hereafter in force. 3. Obligations of Recipient with Respect to Certain Third Party Relations. NRCD shall hold the recipient responsible for complying with the provisions of this agreement even when the recipient designates a third party or parties to undertake all or any part of the program. The recipient shall comply with all lawful requirements of NRCD necessary to ensure that the program is carried out in accordance with the resipient's certifi- cations, including the certification of assumption of environmental responsibilities under Rule .0601 of the North Carolina Emergency Shelter Grants Program Administrative Rules, 15 NCAC 13N. 4. Interest of Members, Officers, or Employees of the Recipient, Members of Local Governing Body, or Other Public Officials. No member, officer, or employee of the recipient, or its agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any financial interest, either direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. The recipient shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this section. The assistance provided under this agreement shall not be used in the - payment of any bonus or commission for the purpose of obtaining NRCD approval of the application for such assistance. or NRCD approval of applications for additional assistance, or any other approval or concurrence of NRCD required under this agreement, or the North Carolina Emergency Shelter Grants Program Administrative Rules, with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 5. Reimbursement to NRCD for Improper Expenditures: The recipient will reimburse NRCD for any amount of grant assistance improperly expended. 6. Access to Records Related to ESGP Activities. The recipient will give NRCD, HUD and the Comptroller General, through any authorized representatives, access to and the right to examine all records, books, papers or documents related to the ESGP grant and will require subrecipient(s) to provide the same access to and the right to examine its records, books, papers or documents related to the ESGP grant. 005 Upon execution of this agreement by NRCD and the recipient in the spaces below, the recipient hereby accepts the assistance on the terms of • this grant agreement, effective on the date indicated below, and further certifies that the official signing below has been duly authorized by the recipient's governing body to execute this grant agreement. Date: May 4, 1987 Secretary of Department of Natural Resources and Community Development By: Alice Bedding11' , Direc Division of Community = =istance • • Date: Name of Recipient By: Signature of Authorized Official (Title) • • • (Mb NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT FUNDING APPROVAL Emergency Shelter Grants Program 1. NAME AND ADDRESS OF RECIPIENT 2. NRCD GRANT NUMBER Orange County 87-H-1020 106 East Margaret Lane Hillsborough, N. C. 27278 (X) ORIGINAL 5/4/87 date ( ) AMENDMENT date 3. Total ESGP Funds Approved $ 5,000 Activities Approved for Funding See application submitted. Secretary of Department of Natural Resources and Community Development BY: 1 / "4 Alile Bedding d, Dire/ it Signature of Authorized Local Of f1:1; Division of Community ;fsistance May 4, 1987 Name of Recipient Date Title Date — ESGP 1108 (3/87) 0 0! ORANGE COUNTY COMMISSIONERS 308 EAST MAPoARET LANE HILLSBOROUGH, N. C. 27278 MOSES GREY.JR. STEPHEN H.HALKIOTIS JOHN HARTWELL SHIRLEY B.MARSHALL DON WILLHOIT March 27. 1987 Alice 8eddingfield, Director Division of Community Assistance North Carolina Department of Natural Resources and Community Development Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Ms. Seddingfield: Orange County is pleased to submit a 1987 Emergency Shelter Grant Application for review and consideration by your staff. This County has always been aware of the acute problems facing our ever-graving homeless population and appreciate the availability of these funds to assist in meeting these needs. Should you have questions regarding this app1icatians do not hesitate to call Tara L. Fikes, Housing Services Director, at (919)732-8181 Extension 425. Sincerely. y6a1.1; 19/44-4- shirlea Marshall Chair SEW APPLICATION SUMMARY FORD! • 1. APPLICANT O O a. Name of local government County of Orange b. City or County (circle one) c. Address Street/P.O. Box 106 Bast Margaret Lane City Hillsborough, N.C. Zip Code 27278 d. County Orange e. Contact Person Tara L. Pikes Telephone Number (919)732-8181 2. SUMMARY OF PROPOSED ACTIVITIES Organization or Subrecipient Operation Service Rehabilitation Name Funds Requested Funds Requested Funds Requested Inter-Faith Council $4,250 $750 Total $4,250 $750 3. CERTIFICATION b. Typed Name and Title of Chief Elected Official a. To the best of my knowledge and belief, data in this application is true and correct. Shirley B. Marshall, Chair The document has been duly authorized by the Orange County Board of governing body of the applicant and the Commissioners applicant will comply with the attached c. Signature certification' if the assistance is approved. d. Date 3-27,87 FOR NRCD USE ONLY DATE REC'D --------- ACTION TAKEN P nndad AMT. FUNDED Rehab.$ Not Funded Operations $ APPLICATION NUMBER Withdrawn Services $ ESC? #101 (3/87) O Q COMMUNITY NEEDS AND RESOURCES FORM Name of applicant County of Orange (Local Government) 1. Describe the current and future needs of homeless people in your community for emergency shelter and other services. Please include the approximate number of homeless persons in your community. There are approximately 150-160 Nameless persons in our community during a calendar year. Currently, an emergency shelter is being provided which has inadequate space and facilities to aecomodate the growing homeless population and is particularly inadequate for women and children. 2. What programs and services are available to the homeless in your community (including those provided by government, private nonprofit agencies and other organizations)? Services available to the homeless in our community are provided by the Inter-Faith Council. , These services include emergency housing, food services. and referrals to other human services agencies Mental Health Vocation- - al Rehabilitation, the County Health Department, zations and Employment and Training Programs. 3. What additional programs, funds, or resources (including ESGP funds) does your community require for the next 3 years to meet the needs described in Question #1 above? Because of the growing population of homeless persons in this area, it is necessary to acquire adequate space to provide shelter to all of the County's homeless population. Additionally, the human service referral program needs to be expanded to include other services such as alcohol counseling. additional Both private and public funds would be necessary services to the homeless. 4. Is the local government providing any of the federally required matching resources? Yes Nom (See Question 8 on the Project Activities Form.) If yes, are these local government resources firmly committed? Yes No Briefly expla 5. Are funds requested for essential services fifteen percent (152) or less of the total ESGP funds requested? Yes No (See Question 2 on the Project Activities Form.) This form filled out by: Tara L. Pikes Phone number: (919)732-8181 ESGP i 102 (3/87) PROJECT ACTIVITIES FORM 0 1 Gi • This form should be filled out for each project. A project is a group of activities performed by one organization (local government, subrecipient, nonprofit agency, etc.). See pages 1 to 4 of Application Guidelines for discussion of eligible activities, ineligible activities and feder restrictions. More than one (1) Project Activities Form may be filled out per applicant. Name of Applicant: County of Orange Name of Organization Inter-Faith Council (Local Government) 1. Are ESGP funds requested for operating costs? Yes X No -- If Yes, how much? $4.250 If Yes, what kind of operating costs? Rent? Yes No Utilities? Yes No Maintenance? Yes X No Other? Commercial Stove (specify) Blankets/Cots? Yeses No 2. Are ESGP funds requested for provision of essential services? Yes X No If Yea, how much? $ 750 If Yes, what kind of essential services? Food? Yes X No Employment counseling? Yes No Housing referrals? Yes No Other? (specify) 3. Are ESGP funds requested for rehabilitation of shelter? Yes No X (ESGP funds may not be need to renovate, rehabilitate or convert buildings owned by primarily religious organizations or entities.) If Yes, how much? $ If Yes, what kind of rehabilitation? Renovation? Yes No . Major rehabilitation? Yes No Conversion? Yes No 4. How long has your organization been providing assistance to the homeless? 10 Years List the sources of your current funding and resources and their amounts.r Local Government $ 20,000 Volunteer Time 49,400 Federal Funds 8000 Private Contributions 1 ,000 Other (Specify ) TOTAL $ 89,400 ESGP #103-1 (3/87) • 011 Project Activities Form (Continued) 4. (Continued) What assurance do you have that these resources will continue to be available? Briefly describe. (See federal requirements for continued operation of assisted shelters--24 CFR 575.53.) The Inter-Faith Council has made a firm commitment to continue serving the homeless population as they have for the past ten years. Additionally, the Town of Chapel Hill has made a firm commitment to assisting this agency with expanding the present facility to accomodate the growing needs of the community_ 5. Who will the ESGP funds benefit? Families? Yes X No Individual males? Yes X No Individual females? Yes X No Children? Yes X No 6. Estimate the number of persons who use your shelter or services each day. Lodging: 14 persons Referral for service: 3 persons Meals served: 30 persons Other (specify Alcohol Caurseling): 7 persons 7. Estimate and briefly explain the impact of ESGP funds on your organization's assistance to the homeless. Please include persons served and level of service provided where possible. The availability of ESGP funds will have a substantial impact on Inter-Faith Council's ability to provide assistance to the homeless population. The funds will allow the expansion of the present meal program to include weekends when the kitchen is not in operation_ Additionally, the funds will allow the purchase of a commercial stove to support the kitchen operations. Additional blankets and cots would enable the shelter to house more than the present daily average of 14 persons per night as well as provide a warm, safe and comfortable place for the clients to sleep. 8. Indicate the matching source and dollar value of federally required matching resources. Matching resources may include the value of any donated material or building, the value of any lease on a building; staff salaries; and volunteers' time and services (determined at $5 per hour) as they directly relate to carrying out proposed activities. Rater to page 3 of Application Guidelines for federal requirements for match. Local Government Funds $.12,000 Staff Salaries 27,271 Volunteer Time 49 400 Donated Material/Building 3,600 Other (Specify ) Total $ 92,271 ESGP 1103-2 (3/87) 012 Project Activities Fors (Continued) 9. Will all ESGP funds your organization receives be expended within 180 days of the date ESGP funds are available to your local government? Yes x No 10. Bow will your organization comply with the federal constitutional limitations on use of ESGP funds by primarily religious organizations? _ It has been determined that the Inter—Faith Council• is not a religious organization. This fors filled out by: Tara G. Pikes Phone number: (919)7328181 • ESGP #103-3 (3/87) of LOCAL GOVERNMENT CERTIFICATION FORM The Applicant County of Orange , certifies that: (Name of Local Government) (a) The matching supplemental funds required by the regulations at 24 CFR 575.51 will be provided. A description of the sources and amounts of such supplemental funds is provided in this application. - (b) It possesses legal authority to apply for the grant, and to execute the proposed program. (c) Its governing body has duly adopted or passed as an official act a resolution, motion or similar action authorizing the filing of the application. including all understandings and - assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. (e) Its chief elected official or other officer of the applicant approved by NRCD: (1) Consents to assume the status of the "responsible Federal Official" as that term is used in Section 102 of the National Environmental Policy Act (NEPA), and other provisions of Federal law, as specified at 24 CFR 58.5. which further the purposes of NEPA. (2) Is authorized and consents on behalf of the applicant and himself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his responsibilities as such an official. (3) Consents to review and comment on all Environmental Impact Statements prepared for Federal projects which may have an impact on the applicants/recipients ESGP Program. (4) Consents to perform all coordination functions required under 24 CFR part 58 and 40 CFR parts 1500-1508. (f) Its ESGP program will be conducted and administered in conformity with Public Law 88-352 and Public Law 90-284, and that it will affirmatively further fair housing. (g) It will comply with and ensure that designated subrecipients of ESGP grants will comply with all provisions of 15 NCAC 13N of the North Carolina Administrative Code, entitled Emergency Shelter Grants Program, and all applicable federal and state laws, regulations, rules and Executive Orders. ESGP 0104-1 (3/87) • r r r Oi (h) It will give NRCD, BUD and the Comptroller General through any authorized representatives access to and the right to examine all records, books, papers or documents related to the ESGP grant and require subrecipients to provide the same access to and the right to examine its records, books, papers or documents related to the ESGP grant. (i) It will establish safeguards to prohibit employees or subrecipients' employees from using positions for a purpose that is or gives the appearances of_ being motivated by a desire for private gain for themselves or others, particularly those with whoa they have family, business, or other ties. (9) It will minimise displacement of persons as a result of activities assisted with ESGP funds. Shirley Marshall, Chair Orange County Board of Commissioners Name & Title of Chief Elected Official 111/1/teliXte7 Signatur ' 3/27/87 Date • ESGP #104-2 (3/87) 0 1 b AGREEMENT This agreement is entered into this day of , 1987, by and between; the County of Orange"County") and the Interfaith Council for Social Service, Inc. a non-profit corporation ('Interfaith"). WHEREAS, the County is the recipient of a 5,000 Emergency Shelter Gant; and WHEREAS, Interfaith was designated as the subgrantee in the grant application; and -- WHEREAS, by the terns of the Emergency Shelter Grant, the County and Interfaith must meet certain requirements. NOW, THEREFORE, IN CONSIDERATION of the premises and the mutual promises set forth below, the parties hereby agree as follows: 1. As evidenced by the attached current year budget showing its source of funds. Interfaith certifies in accordance with Federal and State Emergency Shelter Grant Program requirements that it can and will supplement or match the Emergency Shelter Grant program funds. 2. Interfaith will expend the entire $5,000 grant within 180 days of July 6, 1987, the grant approval date. No funds will be reimbursed for expenditures incurred before the grant approval date. 3. Interfaith will expend the funds in the following manner: 1. Operating Costs $4,250.00 a. Maintenance b. Blankets/Cots c. Commercial Stove 2. Essential Services 750.00 a. Food TOTAL $5,000.00 4. Upon Interfaith's presentation of receipts of expenditures made in accordance with paragraph 3, the County shall reimburse Interfaith with grant funds. 5. Interfaith will continue the operation of the shelter for the homeless for at least 3 years. 6. Interfaith shall comply with all applicable Federal laws, State laws, .recjulations, rules and executive orders cited in the attached provisions of State and Federal Administration rules (15 N.C.A.C. 13N and 24 C.F.R. 575). 016 2 7. In the event that the County is required to refund any portion of the grant due to Interfaith's noncompliance with any of the above provisions. Interfaith will reimburse the County for such refunds. This agreement is executed the day and year first above written. COUNTY OP ORANGE INTERFAITH COUNCIL FOR SOCIAL SERVICES/ INC. BY: BY: Chair/ Orange County Board of Rick Eden, President Commissioners ATTEST ATTEST: Clerk to Orange County Board of Commissioners This instrument has been preaudited in the wanner required by the Local Government Budget and Fiscal Control Act. Finance Officer • 0.0 SHELTER - 1987 Budget INCOME Com. Serv. $1,200.00 Approx. balance Jan. 1 $10,200.00 Chapel Hill to June 30 $11,250.00 United Meth. Conference $2,000.00 Carrboro-request $5000 87-88 fiscal year; $2,500.00 Chapel Hill-request $5000 87-88 fiscal year; $2,500.00 Total Income $29,650.00 EXPENDITURES Salaries $22,240.00 Benefits $2,947.00 Taxes $2,084.00 Telephone $540.00 Jail Misc. $500.00 Administration $1,800.00 (Liability Ins., Ads) Misc. (PE's, motels, etc.) $1,500.00 Renovations $8,389.00 Total Expenditures $40,000.00 • Olb ORANGE COUNTY BOARD OF COMMISSIONERS Action Age da ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: JULY 6, 1987 SUBJECT: PROPOSED AMENDMENTS TO ALERT CABLE T.V. FRANCHISE--SECOND READING DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE, X501 (UNDER SEPARATE COVER) TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 • PURPOSE: Consideration of proposed amendment to Alert Cable T.V. Franchise. BACKGROUND: On March 2, 1987 the Board approved Alert Cable T.V. service area expansions as recommended by the Cable T.V. Citizens Advisory Committee. The Board also directed the County Attorney to prepare an Amendment to Alert Cable T.V. Franchise. RECOMMENDATION(S) : Approve amendment to Alert Cable T.V. Franchise. 018 ORANGE COUNTY BOARD OF COMMISSIONERS Action Ag Item No. F ACTION AGENDA ITEM ABSTRACT Meeting Date: JULY 6, 1987 SUBJECT: CAROLINA CABLE ORDINANCE FRANCHISING AMENDMENTS - SECOND READING DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE, X501 TELEPHONE NUMBER: (UNDER SEPARATE COVER) Hillsborough - 732-8181 Chapel Hill -- 968-4501 Mebane - 227-2031 Durham - 688-7331 • PURPOSE: Consideration of proposed amendment to Carolina Cable T.V. Franchise. BACKGROUND: On March 2, 1987 the Board approved Alert Cable T.V. service area expansion and directed the County Attorney to prepare an amendment to Carolina Cable T.V. Franchise which would reflect changes in the County's Cable T.V. service areas. RECOMMENDATION(S) : Approve amendments to Carolina Cable T.V. Franchise. ORANGE COUNTY O L BOARD OF COMMISSIONERS Action Agen Item No. Fw ACTION AGENDA ITEM ABSTRACT Meeting Date: July 6, 1987 SUBJECT: Rental Rehabilitation Agreement DEPARTMENT: Housing/Comunity Development PUBLIC HEARING: Yes X NO ATTACHMENT(S) : INFORMATION CONTACT: Tara L. Pikes Agreement for Consultant Services Amendment #1 to Agreement for Consultant TELEPHONE NUMBER: Services Hillsborough - 732-8181 Amendment #2 to Agreement for Consultant Chapel Hill - 968-4501 Services Mebane - 227-2031 Durham - 688-7331 PURPOSE: To amend the Agreement for Consultant Services with the Town of Chapel Hill to provide housing rehabilitation services for the Rental Rehabilitation Program. BACKGROUND: On May 28, 1986, the County entered into an agreement to provide technical expertise to the Taal of Chapel Hill Rental Rehabilitation Program in the actual physical rehabilitation of an initial fifteen (15) units. This agreement was amended on September 16, 1986 to extend the number of units to be rehabilitated to twenty-three (23) units. An administrative fee of $800.00 per unit is being charged to the town. The term of the original agreement was from May 20, 1986 to December 30, 1986. However, activities have been ongoing in the Rental Rehabilitation Program and the Housing and Community Development Department has continued to provide technical rehabilitation services for the program. Therefore, the Town wishes to amend the original contract to extend the term of the agreement to September 30, 1987. It is estimated that all housing rehabilitation should be completed within this time frame. RECOMMENDATICN(S) Approve the execution of the Amendment #2 to the Agreement for Consultant Services and authorize the Chair to sign on behalf of the board. • 021 STATE OF NORTH CAROLINA AMENDMENT #2 TO COUNTY OF ORANGE AGREEMENT FOR CONSULTANT SERVICES This Amendment, made and entered into by and between the Town of Chapel Hill, herein "Town" and Orange County for services as hereinafter described within the Town of Chapel Hill. WITNESSETH That for and in consideration of the mutual promises conditions set forth below, the Town and Consultant agree to the following amendments to the Agreement for Consultant Services dated May 28, 1986: F. Term to read: "Extend the term of the agreement to September 30, 1987." This the day of June, 1987. CONSULTANT By Attest Title Title Corporate Seal Address Phone TOWN OF CHAPEL HILL Approved as to form and authorization: Town Attorney This instrument has been preaudited in a manner required by the Local Government Budget and Fiscal Control Act. Finance Officer By Assistant Town Manager By Attest -- Town Manager Town Clerk • SEAL 022 STATE OF NORTH CAROLINA AGRZEMENT FOR COUNTY OF ORANGE CONSULTANT SERVICES This Agreement, made and entered into by and between the Town of Chapel Hill, herein "Town" and Orange County herein, "Consultant" for services as hereinafter described within the Town of Chapel Hill. W I.TNESSETH That for and in consideration of the mutual promises and conditions set forth below, the Town and Consultant agree: A. Duties of Consultant: The Consultant agrees to perform those duties described in Exhibit A attached hereto and incorporated herein by reference. B. Duties of Town: The Town shall pay for the Consultant's services as set forth herein. C. Fee Schedule and Maximum Sum: Payment shall be made according to the Pee Schedule and subject to the maximum sum set forth in Exhibit A attached hereto and incorporated herein by reference. D. Billing and Payment: The Consultant shall submit a bill upon completion of all work performed under the terms of this Agree- ment. The Consultant shall bill and the Town shall pay at the rates set forth herein. Payment will be made by the Town within thirty (30) days of receipt of an accurate invoice, approved by the Town Manager or his designee. E. Amendment: This agreement may be amended in writing by mutual agreement of the Town and Consultant. F. Term: This Agreement, unless amended as provided herein, shall be in effect from 5/20/86 to 12/30/86 G. Federal Requirements: See Exhibit A. This the 4„�5It4 day of , 19(• CONSULTANT ORANGE COUNTY Attest 1; _ _ ` G Title VICE-CHAIR, BOARD OF COMMISSIONERS Title C x' Corporate Seal Address 106 E. MARGARET LANE HILLSBOROUGH, N.C. 27278 Phone (919) 732-8315 TOWN OF CHAPEL HILL � Approved as to form and authorization: /J"/iii,�_ town Attorney This instrument has been preaudited in a manner required by the Local Government Budget and Fiscal Control Act. / • % tt_! � Finance Officer BY G--1 aze.cen, ss�Ci���s-.t}11an//tom� Town Manager BY 4 !� Attest Town Manager f Town Clerk SEAL 02`4 EXHIBIT A CONTRACT FOR SERVICES BETWEEN THE TOWN AND ORANGE COUNTY A. DUTIES OF CONSULTANT The County will provide technical services to rehabilitate rental housing units. Tasks to be performed include, but are not limited to the following: 1. Inspect units, verify eligible rehabilitation costs, and prepare an itemized list of rehabilitation activities and their associated cost estimates (work write-up) . The County rehabilitation staff shall incorporate inspection report findings from the Town of Chapel Hill and the Orange County Section 8 program into its analysis. 2. Prepare specifications and bid documents necessary to solicit bids on the work by qualified contractors. For owner-contractors, prepare specifications. 3. Solicit and receive bids, prepare bid tabulation sheets, and recommend bid awards (not applicable in the case of an owner- contractor) . 4. Hold pre-construction conferences. 5. Monitor rehabilitation activities by inspecting work in progress regularly (minimum of weekly) , and make final rehabilitation inspection to ensure compliance with all contract specifications, requests Town inspection for code compliance, and make follow-up inspection 60 days after project is completed. 6. Certify to the Town the approval of completed rehabilitation activities in accordance with Town, HUD, and N.C. Housing Finance Agency laws and standards, including cost-certification of rehabilitation by owner-contractors. 7. Provide completed case files with all documentation of each step in the rehabilitation process to the Town of Chapel Hill upon completion of this contract. 8. Provide technical assistance to help the Town investigate and resolve any rehabilitation problems, concerns, and complaints for a period of one year after the completion of unit rehabilitation, or until the Town closes the program with HUD or the N.C. Housing Finance Agency, whichever occurs later. The Town has a goal of twelve (12) units under construction by 024 July 3, 1986. The County agrees to make its best efforts to complete the work elements under its control in a timely manner to enable the Town to achieve this goal. The County agrees to work with D. Diana Woolley, the Town's program administrator, in helping her develop a timetable for scheduling and accomplishing the workload. The County agrees to participate in weekly reviews of program performance with Town staff, and to provide summary reports documenting major steps performed with dates. B. DUTIES OF THE TOWN The personnel of the Town's Planning Department and the Town Attorney shall be available for consultation and advice on an as-needed basis. In addition, the Town planning staff shall: 1. Meet weekly with the County to review program progress. 2. Review case files for completeness prior to the administrator's approval of the application. 3. Operate the Cash/Management system in a manner to provide checks in a timely manner. C. FEE SCHEDULE The fee schedule for the scope of services listed above is as follows: 1. Unit Services: Orange County shall be paid for each completed unit on a per unit rate of $800/unit. This agreement covers a maximum of 15 units, for a total not to exceed $12,000. "Completed unit" means the rehabilitation work is certified as completed by the Town, Orange County, and the owner. "Unit" means a dwelling or portion thereof providing complete living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Certified by the Town means the house is in compliance with the Town's minimum housing code; certified by Orange County means the work is completed based on the specifications; and certified by the owner means the owner has signed a statement of satisfaction. 2. Compensation based on the terms listed in C.1 above shall be due and payable 20% upon completion of tasks listed in A.1 and A.2. The remaining 80% is payable upon completion of the tasks listed in A.3, A.4, A.5, and A.6. 3. If additional units are identified as eligible for the Rental Rehabilitation program and the Town has the authority to extend its Rental Rehabilitation program, a revised Agreement for Consultant Services shall be negotiated between the County and the Town. 025 G. FEDERAL REQUIREMENTS 1. The Consultant shall permit the authorized representatives of the Town, the U.S. Department of Housing and Urban Development, and the Comptroller General of the United States to inspect and audit all data and records relating to performance under this contract until the expiration of three (3) years after final payment. 2. The Consultant will comply with all assurances and certifications contained in subpart K of 24 CFR 570. The Consultant will comply with the requirements of OMB Circulars A-87 and A-102. 3. In the event that the Consultant shall..fail to provide satisfactory services or shall fail to render satisfactory performance, then and in that event the Town may terminate this agreement without further cause. The Town will monitor the timeliness and quality of the County's work; compliance with federal and contract requirements; and adequacy of reports. These factors shall determine whether the services provided are satisfactory. 4. The Town and the Consultant may agree to terminate this agreement at any time in whole or in part. In that event, all finished or unfinished documents and other materials shall, at the option of the Town, become its property. 5. No officer, member, or employee of the County, and no member of its governming body nor other public official of the governing body of the locality in which work pursuant to this contract is being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the aforesaid work, shall: 1) Participate in any decision relating to this contract which affects his personal financial interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or 2) Have any financial interest, direct or indirect, in rehabilitation contracts or rehabilitation work performed under this program. STATE OF NORTH CAROLINA AMENDMENT TO COUNTY OF ORANGE :.".7" AGREEMENT FOR RECC1�r�^� ^� -r ? r CONSULTANT SERVICES 026 This Amendment, made and entered into by and between the Town. of Chapel Hill, herein "Town" and Orange County for services as hereinafter descriLed within the Town of Chapel Hill. • WITNESSETII That for and in consideration of the mutual promises conditions set forth below, the Town and Consultant agree to the following amendments to the Agreement for Consultant Services dated May 28, 1986: 1. A. DUTIES OF CONSULTANT Amend A.8. by inserting a new second sentence in the second - paragraph: "The Housing Finance Agency has a deadline for the Town to encumber fifty percent (50%) of its FY 1985 allocation of $75,000 ($37,500 encumbered) by September 30,1986.1 2. C. FEE SCHEDULE Amend C.1. by deleting the second sentence in its entirety, and inserting a new second sentence: . "This agreement covers a maximum of 23 units, for a total not to exceed $18,400." This the /45,11 day of September, 1986. CONSULTANT BY LL Gltilli t/ Attest Actedy224a, 1 Ti tle e://ell _ Title e4,4 Corporate Seal Address /44 ,6 „L9ade7 .r1 Phone f q14 J /Sg.f ,';/ TOWN OF CHAPEL HILL • Approved as to form and authorization: b, 6414i1. Town Attorney This instrument has been preaudited in a manner required by the Local Government Budget and Fiscal Control t. /�� Willi c., A. . ! Finance Officer By . Assistant Town Mana r By �� T, ger Attest a ,Q I r"wn erk `7 �'' 1 • O2 ORANGE COUNTY BOARD OF COMMISSIONERS Action A enda Item No.FS ACTION AGENDA ITEM ABSTRACT Meeting Date: JULY 6, 1987 SUBJECT: PHARMACEUTICAL DISPENSING DEPARTMENT: HEALTH DEPARTMENT PUBLIC HEARING: Yes No ATTACHMENT(S) : INFORMATION CONTACT: JERRY ROBINSON 1. CONTRACT WITH SCHOOL OF PHARMACY TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Effective March 1, 1987 the N.C. Pharmacy Rules and Regulations were changed to facilitate and legalize public health nurse dispensing of a limited formulary under supervision of a pharmacist manager. The Board of Health and Director recommend establishing this pharmacy services contract with the School of Pharmacy as the best quality, least cost method of compliance. This contract has been reviewed by all required Orange County Officials. The contract only covers the period April 17, 1987 to June 30, 1987. However, it does set a good faith precedent for the next fiscal year. The FY '87-'88 Manager's Recommended Budget does reflect a lower cost solution. BACKGROUND: Previously, the Health Department physician was responsible to personally dispense. However, due to lack of time and amenable rules the prior dispensing system was inadequate to the needs and cost efficiency. RECOMMENDATION: The Chair be authorized to sign the contract. r 028 A CONTRACT BETWEEN THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL FOR ITS SCHOOL OF PHARMACY AND THE ORANGE COUNTY HEALTH DEPARTMENT This contract is between the University of North Carolina at Chapel Hill for its School of Pharmacy, herein referred to as the School, and the Orange County Health Department, herein referred to as the Health Department. It is understood that the Division of Pharmacy Practice of the School will direct and provide consultant pharmacy services to the Health Department. It is further understood that there will be a mutual cooperation between the Chairman, Division of Pharmacy Practice, School of Pharmacy, and the Director of the Health Department in conducting the activities as described below: I. The Health Department agrees: 1) to allow undergraduate and graduate pharmacy students under supervision to obtain part of their educational experience in the Health Department; 2) to provide guidance and assistance with related administrative or technical aspects of providing consultant pharmacy services as requested; 3) to participate in the ongoing evaluation of the role of the pharmacist in the local Health Department; 4) to reimburse the School of Pharmacy $416.66 per month ($5,000 per year) . School will submit to the Health Department by the nearest workday to the 20th day of each month a bill for services rendered during the month preceding the 16th day of the month. The Health Department will then submit a request for check to the Orange County Finance Department. They shall prepare a check to the School based on the Finance Department's schedule which will be mailed to the School on or about the 1st day of each month. 5) to enable the pharmacist to perform all activities mandated by all applicable laws, regulations, and standards; 6) to register the pharmacy services with appropriate state and federal agencies with the assistance of the consultant pharmacist; 7) to allow the pharmacist to participate in other related activities in the Health Department if agreed to by both parties; 029 8) to comply with such non-discrimination laws in its educational and/or employment practices as may be applicable in the performance of this contract. II . The University agrees that the School of Pharmacy will: 1) provide pharmacist staffing sufficient to deliver all of the activities identified in Appendix A: the staffing pattern to be followed will be agreed to by the Chairman, Division of Pharmacy Practice, and the Director of the Health Department; the activities of all School personnel within the Health Department shall be the responsibility of the School; assure that all personnel assigned by the School are adequately insured for liability/malpractice. 2) assure that pharmacy services meet all applicable laws, regulations and standards; 3) insure the Chairman, Division of Pharmacy Practice, or his designate's availability on an emergency basis for administrative or pharmaceutical problems that arise which are directly related to the consultant pharmacy services at the Health Department; 4) provide the supervision and evaluation of undergraduate and/or graduate students assigned on a rotational basis to receive experience in the provision of consultant pharmacy services; student activities may include: assisting the pharmacist in providing consultant service, participate in projects to evaluate or improve therapeutics or pharmacy related activities, present or participate in inservice education activities; 5) make available to the Health Department a roster of people (pharmacists and students) who will be working in fulfillment of this contract; all personnel changes in the roster will be submitted in advance to the Director of the Health Department; 6) render a bill monthly to the Health Department for the agreed upon fee. III. This contract shall be effective as of the 1st day of May 1987, and shall terminate on the 30th day of June 1987. It is agreed that either party may terminate this agreement by giving thirty (30) days notice to the other party of its intention to do so, said notice to be in writing. 030 IV. This contract represents the entire understanding of the parties. Any modification of any type must be in writing and must be signed by both parties to be effective. ORANGE COUNTY HEALTH DEPARTMENT FOR AND ON BEHALF OF UNC-CH 014 1Y1 W- Shirley E. Marshall, Chair _a ris W. Womack Orange County Board of Commissioners Vice-Chancellor, Business & 4 ti8e Finance Ili , , Q.(714„:„.7 Je•!y is, Robinson, Director Or- ge County Health Department 4 Finance Director Date ORANGE COUNTY FINANCE DEPARTMENT "This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. " 03.1 APPENDIX A CONSULTANT PHARMACIST DUTIES AT THE ORANGE COUNTY HEALTH DEPARTMENT I . Administrative Duties: A. Develop, implement and/or assist in the improvement of written policies and procedures for legal, safe and effective drug therapy, distribution, control and use. 1. Work with appropriate staff in: a) Developing and maintaining a formulary. b) Evaluating and improving procedures for drug procurement, storage, packaging and labeling. B. Prepare a quarterly report reviewing pharmacy activities, expenses, and projected needs. C. Prepare an annual report summarizing pharmacy activities, accomplishments and expenses for the previous year and budget and plans for the next year. D. Assist appropriate staff in preparing the budget for pharmaceuticals and related supplies. E. Assist appropriate staff in managing the budget and inventory of pharmaceuticals. II. Drug Distribution: A. Maintain supervisory responsibility for medication repackaging and labeling. B. Appropriately supervise and review the drug distribution system as carried out by the mid-level practitioners, other prescribing providers, and public health nurses. C. Maintain the drug distribution system in compliance with all laws, regulations and standards. 032 III. Inservice Education: A. Plan topics with appropriate staff and provide inservice education presentations. B. Provide a newsletter-type review of the literature on current therapeutics that are relevant to the Health Department. C. Plan with appropriate staff the drug information reference material to be maintained in the Health Department. D. Apprise the staff of changes to the policies and procedures of pharmacy services. IV. Clinical Services: A. Review the prescriptions and drug inventory list maintained by the mid-level practitioners, other prescribing providers and public health nurses. B. Evaluate and assist in improving the medication history documentation system. C. Serve as a source of drug information to the Health Department staff. D. Work with appropriate staff in: 1. Establishing and/or improving the system for control and use of emergency medications. 2. Evaluating and improving the patient education system regarding legitimate drugs and drugs of abuse. E. Conduct drug utilization review of Health Department patients either in conjunction with a patient care audit system or independently. F. Be available on an on-call basis to the Health Department staff to respond to pharmaceutical service needs. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGE Item No. �� ACTION AGENDA ITEM ABSTRACT MEETING DATE: JULY 6, 1987 SUBJECT: Computer services agreement with Carrboro 03d DEPARTMENT: DATA PROCESSING PUBLIC HEARING: YES x NO ATTACHMENT(S) : YES INFORMATION CONTACT: KEITH BROOKS PHONE NUMBERS: HILLSBOROUGH - 732-8181 HILLSBOROUGH - 732-9361 CHAPEL HILL - 967-9251 MEBANE - 227-2031 DURHAM -- 688-7331 PURPOSE: To extend the agreements between the Town of Carrboro and the County for computer services for one additional year. BACKGROUND: The Town and the County entered into agreements dated June 27 1983 and July 1 1985 under which the County provides certain computer services to the Town. These agreements terminate on June 30 1987 and the Town wishes to extend those agreements for an additional year under the same terms and conditions. RECOMMENDATION(S) : Approve agreement and authorize Chair to sign. NORTH CAROLINA ORANGE COUNTY AGREEMENT THIS AGREEMENT is entered into this day of , 1987 and by and between the Town of Carrboro, a municipal corporation ("The Town") and orange County, a body politic and corporate ("The County") . WHEREAS the Town and the County have entered into agreements dated June 27 1983 and July 1 1985, pursuant to which the County will furnish certain computer _ services to the Town; and WHEREAS, the Town wishes to extend those agreements for one additional year and WHEREAS, the County is willing to extend those agreements for one additional year under the circumstances set forth below; NOW THEREFORE, in consideration of the premises and mutual promises set forth below, the parties agree as follows: 1. The County shall provide the same level and types of services for this one year as defined in the previous agreements dated June 27, 1983 and July 1, 1985. 2. The cost of this addition year will be $14, 000. 00 payable on January first of 1988. 3. This agreement shall begin on July 1, 1987 and will end June 30, 1988. The foregoing agreement is executed in duplicate originals this day of , 1987. TOWN OF CARRBORO ORANGE COUNTY BY: BY: ROBERT MORGAN, TOWN MANAGER SHIRLEY MARSHALL, CHAIR ORANGE BOARD OF COMMISSIONERS Attest: Attest: Sarah C. Williamson, Town Clerk Beverly A. Blythe, Clerk to the Orange County Commissioners A (r)3 "1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Age i, Item No. F ACTION AGENDA ITEM ABSTRACT Meeting Date: JULY 6, 1987 SUBJECT: OFFICE SPACE REQUIREMENT--SOUTHERN ORANGE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes x No ATTACHMENT(S) : • INFORMATION CONTACT: MANAGER'S OFFICE • LEASE AGREEMENT X501 TELEPHONE NUMBER: ESTIMATED COSTS Hillsborough - 732-8181 PROPOSED OFFICE LAYOUT Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider providing alternative office space for agencies housed in the Old Police Building until a new Southern Office building can be constructed. • BACKGROUND: The proposed five year C.I.P. proposes a new office building within five year for all offices currently occupying rental space. In the meantime, however, the lease at the Old Police Building will expire July 12, 1987. An approval of an extension request at the June 16, 1987 meeting which has been forwarded to town staff who will carry to council in July. The Town of Chapel Hill owns the building and has plans for its use. Another location has been found on Laurel Street near the Town Hall in Carrboro with 4,800 square feet. There is attached a proposed lease for consideration as well as a cost to renovate to is attached. sketch. The space rents for $6.00 per square foot which does not include utilities. In this plan Orange County would propose to recap the renovation cost in three to four years. RECOMMENDATION(S) : Approve five year lease with Grey Moody from July 6, 1987 through June 30, 1992 for the Laurel Street Property. 0 ESTIMATED COST OF RENOVATION 46o' linear feet of partition @ 10.00 per foot 4600.00 20 class B doors @ 200.00 each 4000.00 12 2 x 4 lay in light fixtures @ 45.00 54.00 333 yd carpet @ 12.00 per yd. 4000.00 pluming + 4 fixtures 2000.00 lay in ceiling 500.00 electrical outlets and new circuits 2000.00 painting 2000.00 contingency 2400.00 TOTAL 25000.00 1- .. II ff rn .• • , , Q II II m m v ._ _ -- . I - m 10 03'i G L7 s. .P _.._.. ] I vtc i � u II . -m6=1 ,I M LA z ■ r r z311 , , , ? 1 -0-. , F. • : �4 N -_a L_ L gyp. IA^-_-- I I� N 41 H__ IIid • -1 .ii- 4r-fl• 11 ._ zi- I � �I 5, iL_______' i I µ II I li �A II µ II n II I I tZ 11 . . II : p It M 63. . .. • z .. r m m PROPOSED OFFICE LAYOUT 1 MOODY BLDG Carrboro 038 PAGE 1 LEASE This lease agreement, dated the sixth day of July, 1987, by and between the County of Orange, hereinafter called the County and Grey Moody, hereinafter called the Owner. WITNESSETH: The Owner hereby leases to the County and the County hereby leases from the Owner, the following described property, sometimes hereinafter referred to as the leased premises to-wit: Space in the amount of approximately 4,800 square feet, to be located in the building located at 103 Laurel Avenue, Carrboro, NC 1. TERM: The term shall commence on the 6th day of July, 1987 and end on the 30th day of June, 1992 , on the terms and conditions set forth herein. The County shall have the right to renew lease for additional term upon agreement of both the Owner and the County. Intent to non-renew the lease must be provided by either party no less than ninety (90) days prior to lease expiration in the manner stipulated under NOTICES (section 4) . 2. USE AND POSSESSION: It is understood that the leased premises are to be occupied solely by Orange County Departments or affiliated departments for general office purposes. The County, at the expiration of the term, shall deliver up the leased premises in good repair and condition, damages beyond the control of the County, reasonable use, ordinary decay, wear and tear excepted. 3. RENT: a. ) The County agrees to pay to the Owner the monthly rental, in advance, on the first day of each and every month. Rent shall be paid to the Owner at such location as is designated in writing. B. ) Rental Schedule: 1st year $28,800 per year $2,400 per month 2nd year $28,800 per year $2,400 per month 3rd year $28,800 per year $2,400 per month 4th year $30,528 per year $2,544 per month 5th year $32,360 per year $2, 696.64 per month mm 03g PAGE 2 4. NOTICES: For the purpose of notice or demand, the respective parties shall be served by certified or registered mail, return receipt requested, addressed to the County or the Owner at their respective office address, as set forth herein: TO COUNTY: Orange County Department of Purchasing and Central Services 300 West Tryon Street Hillborough, NC 27278 TO OWNER: Grey Moody 1200 Airport Drive Chapel Hill, NC 27514 or at such other address as may hereafter be designated in writing by either party hereto. The time and date on which mail is postmarked shall be the time and date on which such communication is deemed to have been given. 5. SERVICES: The County agrees to furnish the leased premises with electricity suitable for the intended use as general office space, including fluorescent tube and ballast replacements, heating and air-conditioning for the comfortable use and occupancy of the leased premises, janitorial and trash removal from leased premises and to pay all charges for utilities including electricity, water, gas, telephone and associated desposits and connection fees. 6. REPAIR AND MAINTENANCE: a. County Repairs and Maintenance: County agrees to keep the leased premises in good condition and repair, excepting repairs which are the responsibility of the Owner or which are made necessary by reason of fire and other unavoidable casualties covered by Owner's fire and extended coverage insurance, and excepting reasonable wear and tear. Within such repair responsibilities of the County shall be included: the walls and ceiling (including the painting thereof) ; repairs, maintenance of heating and air conditioning systems (cost not to exceed $2000 per year) ; normal plumbing maintenancee (including stoppage but does not include repair to water, drainage or sewer lines) ; normal minor electrical maintenance (cost not to exceed $500 per occurrence) ; maintenance of floor coverings. B. Owner's Repairs and Maintenance: Owner agrees to keep, repair and maintain the exterior of the building (including the roof exterior walls, foundations, gutters and downspouts) , sidewalks, parking area, supply pipes for gas (if any) and water, drainage and sewer pipes (excluding stoppage) , repairs of air conditioning and heating systems, plumbing and © .o PAGE 3 electrical above limits stipulated in County Repair and Maintenance. If any portion of the leased premises which is the responsibility of the Owner shall at any time be in need of repairs, Owner will promptly repair same upon receipt of written notice from County to do so, except that the Owner shall not be obligated to make or pay for any repairs rendered necessary by the fault, act or negligence of the County, or any of its agents, employees or business invitees. Owner agrees to keep the parking area properly maintained. 7. ALTERATIONS: Any alterations, additions, improvements or partitions excepting those partitions to be furnished by the Owner, permitted herein shall be made at the expense of the County. The County agrees that the County will make no alterations, additions or improvements to the Leased Premises without the written consent of the Owner, such consent not to be unreasonably withheld, and that all alterations additions or improvements made by and for the County, including but not limited to, any and all subdividing partitions, walls, special plumbing, electrical fixtures or railings of whatever type, material or height, but excepting movable office furniture put in at the County's expense shall, when made, be the property of the Owner and shall remain upon and be surrendered with the Leased Premises as a part thereof at the expiration or earlier termination of this lease. 8. RIGHT OF ENTRY: The County agrees that the Owner or his designee shall have the right to enter the Leased Premises at any time to a. Examine the Leased Premises; b. To make repairs to the building; c. Exhibit the Leased Premises to prospective tenants within ninety (90) days prior to the termination of this lease. 9. INSURANCE: County shall provide All Risks of Physicial Loss or Damage coverage to the Leased Premises. Contents of Leased Premises will be insured by the County; and also on improvements and betterments made by it to the Leased Premises to the insurable value thereof. Unless the parties hereto then agree otherwise, the proceeds collected upon all such policies of insurance shall be used to repair and/or replace the Leased Premises, improvements or betterments so damaged or destroyed, and such repairs or replacements shall be prosecuted promptly by both Owner and County with such insurance funds; and in the event such funds are not adequate, then the deficiency shall be made up by the Owner as to the premises as leased. In the event of the total destruction of the Leased Premises by fire or other casualty, this lease shall terminate as of the date of such destruction, unless the Owner and the County mutually agree to have the premises restored, during which restoration period the County shall be excused from the rental payment. In the event of partial destruction of the Leased Premises, d*I PAGE 4 rendering them unsuitable for the County's business, the parties shall repair and restore the Leased Premises as quickly as practical and during such period of repair and restoration there shall be an abatement to the County of the rental amount proportionate to the portion of the floor area of the Leased Premises rendered unsuitable for the County's business. 10. INDEMNITY: The County agrees to indemnify and save harmless the Owner against and from any and all claims by or on behalf of any person, firm or corporation arising by reason of injury to person or damage to property occurring in the Leased Premises occasioned in whole or in part by any act or omission on the part of the County or an employee, agent, visitor, assign or undertenant of the County or by reason of any unlawful use of the Leased Premises or any breach, violation or nonperformance of any covenant in this lease on the part of the County to be observed or performed, and also for any matter or thing growing out of the occupancy or use of the Leased Premises by the County. 11. ASSIGNMENT AND SUBLEASE: The County agrees not to encumber or assign this Lease or sublet all or any part of the leased premises without the written consent of the Owner. Such assignment shall in no way relieve the County from any obligations hereunder for the payment of rents of the performance of the conditions and provisions of this lease. 12. QUIET ENJOYMENT: The Owner agrees that the County upon paying the stipulated rental and keeping and performing the agreement and covenants herein contained, shall hold and enjoy the Leased Premises for the term aforesaid, subject to the terms of this Lease. 13 . ENTIRE AGREEMENT: This Lease contains the entire agreement between the parties hereto, and no promises, agreements, conditions or stipulations not contained herein shall be binding upon either party hereto. 14. COVENANT OF TITLE: The Owner covenants, represents and warrants that it has full right and power to execute and perform this Lease. If at any time during the term hereby demised the title of the Owner shall fail or it shall be discovered that the Owner's title does not remedy, permit the owner to grant the term hereby demised, the County's which shall be exclusive of all other remedies, shall be to annul and void this Lease. 15. SIGNS: The County reserves the right to erect a sign that it deems appropriate to properly direct the public to the offices housed in the Leased Premises. Prior to erection, the County agrees to submit plans to the Owner for approval, which approval shall not be unreasonably withheld. PAGE 5 All signs erected by the County shall comply with all the requirements of public authorities having jurisdiction with respect thereto. 16. PARKING: Owner shall provide at all time no less than 24 parking spaces. Parking area shall be designated by Owner, but must be on property adjoining the Leased Premises. The County shall for the life of this lease maintain rights to utilize parking area in front of leased premises. IN WITNESS WHEREOF, the County and the Owner have caused this instrument to be executed as of the date first above written, by their respective officers of parties thereunto duly authorized. ATTEST: OWNER Mr. Grey Moody BY: ATTEST: COUNTY OF ORANGE, NC (Seal) SHIRLEY E. MARSHALL, Chair, Orange County Board of Commissioners 044 ORANGE COUNTY BOARD OF COMMISSIONERS Action Ageda Item No. v ACTION AGENDA ITEM ABSTRACT Meeting Date: JULY 6, 1987 SUBJECT: LANDFILL FEES SCHEDULE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes x No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE, X501 YES TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: The Landfill Owners Task Force recommends a new schedule of fees for the Orange Landfill for FY 1987-88. General Refuse from $3 . 00 to $4. 00 per ton Bulk Refuse from $5.00 to $6. 00 per ton Car load from $1.00 to $2 .00 Pick-up truck or trailer from $2 . 00 to $3. 00 BACKGROUND: Fees have been unchanged since 1976 while expenditures have increased in terms of personnel. The newly approved changes (outlined in May) for completion and closeout necessitate a cost increase at this time. RECOMMENDATION: Approve adoption of new fee schedule as a joint owner of the landfill. �EC'm ;LUV 5 1987 044 TOWN OF CHAPEL HILL 306 NORTH COLUMBIA STREET CHAPEL HILL,NORTH CAROLINA 27514-3699 Telephone (919) 968-2700 June 1, 1987 Ken Thompson Orange County Manager 106 E. Margaret Lane Hillsborough, NC 27278 Dear Mr. Thompson: We have discussed the need to increase fees at the Orange Regional Landfill. The Landfill Owners' Task Force has recommended that we do so. Therefore, because the Landfill owners' agreement requires that each jurisdiction approve the schedule of fees, I ask that your board approve the following schedule: General Refuse from $3 to $4 per ton Bulk Refuse from $5 to $6 per ton Car Load from $1 to $2 Pick-up Truck/Trailer from $2 to $3 As we discussed during recent budget preparation procedures, this action is the first of several phases of fee increases deemed necessary over the next several years. Fees have remained unchanged since Fiscal 1976-77, at which time they were changed from $2. 50/ton and $4. 50/ton for general and bulk refuse respectfully. Since that time, landfill expenditures have increased from $120,000 to $480,000 (excluding $300,000 for major equipment item) for Fiscal 1987-88 . We are increasing operational staff next year from 4 to 7 positions, in addition to an adminis- trator for both sanitation and landfill operations. A portion of the salary for this administrator will be paid by the landfill. This increase results from operational changes partially mandated by state requirements. As you know, we will receive a consultant report in the near future concerning the Orange Regional Landfill, both current operations and future needs. We discussed the proposed fee changes with our consultant, who concurred that such increases are warranted. He further noted that this increase will be the first of several needed over the next several years in order to meet refuse disposal needs in Orange County. Furthermore, recommendations anticipated from the regional consul- tant study of solid waste management for Orange and Durham Counties will likely involve future fee increases. O4 Ken Thompson Page 2 June 1, 1987 If you would, please send me a copy of the action of the Board of County Commissioners. Please let me know if I can be of further assistance. Sincerely, David R. Taylor Town Manager DRT:kw • ORANGE COUNTY 041' BOARD OF COMMISSIONERS Action Aga a ACTION AGENDA ITEM ABSTRACT Item No. � Meeting Date: JULY 6, 1987 SUBJECT: APPOINTMENTS OF TAX ASSESSOR AND TAX COLLECTOR DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes x No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE X501 NONE TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 • Durham - 688-7331 PURPOSE: Appointment of Tax Assessor by the first Monday of Jul y, 1987. Appointment pointment of the Tax Collector as of July 1, 1987. BACKGROUND: The Tax Assessor's appointment terminates on July 6, 1987. This appointment was made as of July, 1985 for a two year term. General Statute 105-294 sets forth the time requirement for this appointment for two or four year terms. The Tax Collector was appointed July, 1985 for a two-year term. Appointment of Tax Collector is prescribed in General Statute lO5-345. • • RECOMMENDATION(S) : • Approve appointments for two-year terms. 04'i ORANGE COUNTY BOARD OF COMMISSIONERS Action Aqu�0 Item No. F ACTION AGENDA ITEM ABSTRACT Meeting Date: July 6, 1987 SUBJECT: Environmental Affairs Board grant renewal DEPARTMENT: County Manager PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE X501 Yes TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill -- 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider a• grant renewal for a period of one year. • • BACKGROUND: The Governor's Waste Management Board offer an additional $5,000 grant for an on going function of the Environmental Affairs Board. The Environmental Affairs Board was constituted August 1986 and has formulated an agenda for identification of local concern as to environmental . problems. The Environmental Affairs Board delivered a report with concerns in certain areas for examining these issues. A workshop was.held in January at the Orange High School where issues were brought forward which appeared in the May 16, 198.7 Report. Renewal of this $5,000 will enable the continuation of staff support, supplies and travel. • RECOMMENDATION(S) : 1. Approve grant renewal 2. Designate Assistant Manager as grant administrator 3. Authorize Chair and Assistant Manager to sign grant renewal pending attorney approval of contract form w • 04b STATE OF NORTH CAROLINA COUNTY OF WAKE CONTRACT THIS AGREEMENT, made and entered into this day of July, 1987 by and between the Orange County Environmental Affairs Board hereinafter referred to as "Contractor" and the North Carolina Department of Human Resources, Governors Waste Management Board, hereinafter referred to as "Department". WITNESSETH: THAT WHEREAS, the Contractor has submitted to the Department a proposal for the performance of certain technical or professional services; and WHEREAS, the proposal submitted by the Contractor has been approved and accepted by the Department; and WHEREAS, the parties hereto desire to reduce the terms of this agreement to writing; NOW THEREFORE, for and in consideration of the mutual promises to each other, as hereinafter set forth, the parties do mutually agree as follows; 1. The Contractor hereby agrees to perform in a manner satisfactory to the Department the following services: Implement a county-level Environmental Affairs Board (Phase II) in accordance with Attachments A and B. 2. The Department hereby agrees to: (a) Pay the Contractor the sum of $5,000 per their proposal submitted and accepted by the Department on July , 1987 (Attachment B). This contract will terminate June 20, 1988. (b) Payment will be made in the following manner: (1) The Department will pay to the Contractor the consideration set forth in 2 (a) of this agreement, which shall ►' constitute full and complete compensation for the Contractor's services hereunder. Such sum will be paid in two equal parts upon receipt of requisitions for payment from the Contractor. The first payment will be made as soon after the signing of this document as possible. OC-2 The second payment will be made upon satisfactory completion of all services under the terms of this agreement. All billing must be submitted within 6 weeks after termination date of contract or by June 20 of the fiscal year in which the contract terminates, which ever is earlier. Billings not submitted timely may not be paid. If billing cannot be submitted timely, the Governor's Waste Management Board should be notified before expenditures are incurred. (2) No other expenses or cost will be levied by the Contractor on the Department. 3. Either party may terminate this agreement at any time by ten days prior written notice to the other party. In that event, all finished or unfinished documents and other materials as described in Paragraph 1 shall, at the option of the Departmer. become its property. If the contract is terminated as provided herei:. ze Contractor will be paid in an amount which bears the same ratio to the :al compensation as the services actually performed. 4. It is understood and agreed between the Contractor and the Department that the payment of compensation specified in this agreement, its continuation or any renewal or extension thereof, is dependent upon and subject to the allocation of appropriation of funds to the Department for the purpose set forth in this agreement. 5. The Department may, from time to time, require changes in the scope of the services of the Contractor to be performed under this agreement. Such changes, including but not limited to any renewal or extension, that increase or decrease the amount of the Contractors compensation, which are mutually agreed upon by and between the Contractor and the Department, shall be incorporated in written amendments to this contract after being approved by the North Carolina Department of Human Resources Purchasing Office. 6. Certain work products outlined in Attachment C. 7. The Contractor agrees to provide the Governors Waste Management Board any information, data, documents, studies, or reports given to or prepared or assembled by the Contractor under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior approval of the Department, and shall be made available to the Department no later than June 20, 1988. 8. The Contractor agrees that the State may have the right to audit the records of the Contractor pertaining to this contract both during performance and after completion. 9. Dr. Linda Little is designated as the Contract Administrator (project coordinator) for the State with responsibility for all matters relating to 2 0U this agreement including but not limited to invoice approval. However, any changes in the scope of the contract which will increase or decrease the Contractor's compensation shall not be effective until they have been approved by the contracting officer and the North Carolina Department of Human Resources Purchasing Office. 10. It is agreed the Contractor is to begin work on July , 1987, and all tasks shall be satisfactorily completed by June 20, 1988. IN WITNESS WHEREOF, the Contractor and the Department have executed this agreement in triplicate originals, one of which is retained by each of the parties, the day and year first above written. WITNESS T (.6-7 teg. , • azzA4q...4", BY: ZelefOr ‘--.3a-cf17 NC Department of Human Re-,r' ces Date BY: Contractor - Orange County Date BY: Grant Administrator - Orange County Date 3 051 ATTACHMENT A TITLE: Grants for Community Assistance Projects for Development of County-Level Environmental Affairs Board [Phase I, 1985-86 Fiscal Year Phase II, 1986-87 Fiscal Year.] SCHEDULE FOR GRANT ANNOUNCEMENT AND PROJECT COMPLETION Mail announcement to counties: October 18, 1985 Publicize call for proposals in Waste-Line and in County Lines: Oct. - Nov. 1985 Ask prospective counties to notify Board of interest by: November 8, 1985 Proposal deadline: December 6, 1985 Award of grant (Phase I): Mid January, 1986 Completion date for Phase I of Grant: June 30, 1986 * Application for Phase II of Grant: Following Board's acceptance of workplan for Phase II and satisfactory completion of Phase I 054 1.0 Introduction 1.1 Purpose The Governor's Waste Management Board seeks to increase the level of awareness and understanding of waste management issues in particular, and environmental affairs in general, among the citizens of North Carolina. The Board also seeks to stimulate discussion and interaction on environmental issues among local and'state governments, citizens, and industry. By promoting citizen involvement, the Board hopes to foster public trust and productive working relationships with industry, government, and citizens in the development of safe, effective, and economical environmental management programs. The Board believes that many environmental problems can be solved by a partnership between local and state governments. The Board wishes to determine the feasibility and effectiveness of developing a broad-based, county-level Environmental Affairs Board to advise and assist county commissioners on local environmental issues. The Waste Management Board will provide matching grants and staff assistance to at least one county with a population greater than 100,000 and to one county with a population less than 100,000, for demonstration projects to develop a broad-based advisory program for environmental affairs. Upon satisfactory completion of Phase I (section 4.3), the county will be eligible for a second matching grant and staff assistance * in the second year (Phase II) of the project. The Board will grant up to $5,000 per year per county. 2.0 Eligibility to Receive Grant 2.1 All county governments are eligible to receive the grant funds. 2.2 A 20% local match is required to receive grant funds. Local funds, supplies and/or in-kind services, including staff and volunteer time may be applied to the matching requirement. 2.3 Counties are encouraged to seek cooperative agreements with other parties, such as municipalities, for-profit firms, and non-profit organizations, to provide matching funds, support, supplies, technical expertise, and administrative assistance. 3.0 Scope of Project 3.1 The project must serve the following functions: a. Encourage development of a broad-based Environmental Affairs Board appointed by the county commissioners. b. Discuss and recommend solutions to local environmental issues such as waste management, recycling, industrial liaison, pollution prevention, watershed protection, emergency U5 d. Applications will be evaluated according to completeness, content, ability of the county and its staff, and significance of local environmental problems. Applications not funded during this cycle will be considered for funding in the 1986-87 fiscal year. e. Counties are cautioned that this is a request for applications, and the State reserves the unqualified right to reject applications for any grant when such rejection is deemed to be in the best interest of the State. 4.2 Application Content Each county should submit an application containing: a. -Background information about the county. b. Background information about local environmental problems. c. Brief description of the activities and responsibilities of any past or present county boards, commissions, task forces (for example, Citizens Involvement Committee on Waste Management) , etc. , which address environmental issues. d. A brief resume for each project manager and staff person to be assigned to the Environmental Affairs Board. 4.3 Application Description Phase I Fiscal Year 1985-86 a. Statement of county`s need and desire for an Environmental Affairs Board. b. Proposed organization and duties of Environmental Affairs Board in your county. c. Method of coordinating with and involving related groups, interests, and units of government with your county. d. Approach to identifying environmental issues and activities of interest to Environmental Affairs Board in your county. e. Anticipated plan of work for your county to address issues identified in 4.3d. Phase II Fiscal Year 1986-87 * Implemention of plan of work for county (4.3e) upon satisfactory completion of Phase I. 3 054 • b. Additional Budget Information Provide a separate itemized listing of: a. Personnel by position and salary b. Equipment to be purchased c. In-kind contributions which are given a dollar value, including a description and source 4.5 Request for Information All inquiries regarding the grant application requirements should be directed to Dr. Linda W. Little or Mr. Edgar M. Miller: Governor's Waste Management Board Room 603, Albemarle Building 325 North Salisbury Street Raleigh, NC 27611 (919) 733-9020 5 O5 ATTACHMENT B IMPLEMENTATION PLAN FOR THE ORANGE COUNTY ENVIRONMENTAL AFFAIRS BOARD OPERATION BETWEEN JULY 1, 1987 AND JUNE 1988 The Environmental Affairs Board (EAR) will continue to act as a consultative body to the County Commissioners on environmental matters identified by the general citizenry or the Commissioners. On the basis of the Board's activities in the previous year, there will be four standing committees in this fiscal year: watershed protection, hazardous substances, natural resources, and solid waste. The full EAR will continue to meet once a month. Committees will meet as often as they deem necessary. Each of these committees will be responsible for reviewing reports and other activities Undertaken by county departments pursuant to recommendations made by the EAB in its first year. These activities include but are not limited to: 1. consultation on the scope and requirements of a natural resources inventory for Orange County 2. consultation on scope and requirements of regional solid waste disposal task force consultant reports 3. consultation on policy guidelines for use of a computerized geographic map information system 4. consultation on activities of county water use committees 5. consultation on county reports on efficacy of sediment control ordinances. Each committee will report its findings regarding these activities to the full Environmental Affairs Board. Should corrections be necessary, the full Board may recommend such modifications to the Commissioners. .,• " The EAB plans to report to the Governor's Waste Management Board Industrial Liaison Committee on a quarterly basis to apprise it of our progress. A final report will be submitted to the Governors Waste Management Board in June, 1988. ATTACHMENT C WORK PRODUCTS TO BE PROVIDED TO THE GOVERNOR'S -WASTE MANAGEMENT BOARD 1. Quarterly progress reports, due no later than October 31, 1987, January 31, 1988, and April 30, 1988. 2. A final written report, due June 30, 1988. 3. A final budget report, due June 20, 1988. 4. A document which can serve as a "how to" guide or workbook for other counties or regions interested in establishing an environmental affairs board. 5. Copies of any other publications, reports, audiovisual presentations, etc. , developed under this contract. b 0 5'' ORANGE COUNTY Action Ag da _20___U BOARD OF COMMISSIONERS Item No. ACTION AGENDA ITZM ABSTRACT MEETING DA'L'E July 6, 1987 Subject: Governor' s Statewide Volunteer Awards Program Department: BOARD OF COMMISSIONERS SSIONERS Public Hearing: Yes X no Attachments: Information Contact: Shirley Marshall Under Separate Cover Phone Numbers: 732-8181, 968-4501, 227-0231 PURPOSE: To select and submit nominees to the Governor for his Statewide Volunteer Awards Program. BACKGROUND: At the direction of the Board, various civic and community groups were contacted and requested to submit nominees in three different categories. The Board needs to select four (4) nominees - one School Volunteer, one Volunteer Organization and two Community Volunteers as recipients of the Governor's Award for Outstanding Volunteer Service. These must be submitted to the Governor's office by the first -of July. The Governor will honor all nominees in the fall . RECOMMENDATION: As the Board decides. r O5b O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date July 6, 1987 Action Agenda Item # SUBJECT: ENO RIVER ESTATES - PRELIMINARY PLAN ACTION BY: August 11, 1987 DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Information Contact: Greg Sz ymik Application Vicinity Map Preliminary Plan Preliminary Plan Certification 3-16-87 Planning Board Minutes 6-15-87 Planning Board Minutes Agency Comments Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of the Preliminary Plan for Eno River Estates. BACKGROUND: The property in question is located in Cedar Grove Township extending from Lake Orange Road (SR 1323) . There are 27 lots proposed out of approximately 81 acres. The average lot size is 2 .9 acres, and the subdivision will be developed in two (2) phases. The roads in the subdivision will be con- structed to NCDOT standards for a residential subdivision. Lake Orange Road and the Eno River Bridge will be upgraded to NCDOT standards as well. No zoning has been adopted in Cedar Grove Township. The Land Use Plan designation is Agricultural Residential. The minimum lot size required in unzoned townships is 40, 000 sq. ft. The preliminary plan was originally reviewed by the Planning Board on March 16, 1987. The Planning Board recommended approval with the following conditions: (1) Provide a notation on the final plat indicating restricted development potential if lots 17 and 18 prove unsuitable for septic systems; (2) The community association that will maintain the 05 private streets in the subdivision should establish capital fund that will be sufficient to replace, in compliance with NCDOT guidelines (minimum construction standards for bridges) , the bridge crossing the Eno River. Capitalization of this fund should be deter- mined by a qualified engineer and should be based on the estimated replacement cost being available at the end of the present bridge's remaining life span. (3) Meet with the Recreation and Parks Director regarding a voluntary donation of an easement in the 100-year floodplain area adjacent to the Eno River; (4) Provide a 50 foot undisturbed buffer for lots with frontage on the floodplain area adjacent to Eno River and frontage on Lake Orange; (5) The Road Maintenance Agreement for the private roads in Eno River Estates should indicate that the roads will be maintained to State standards; and (6) Include the name of the owner and location of parcel 2 .45. . 3A, John W. Tolar, on the Final Plat. The County Manager, in making his recommendation to the Board of Commissioners, endorsed the Planning Board recom- mendation and recommended adding the four following condi- tions: (1) The Road Maintenance Agreement for the private roads in Eno River Estates shall indicate that the roads will be maintained to State standards; (2) The plat shall include the name of the owner and location of parcel 2 .45. . 3A, John W. Tolar, on the final plat; (3) The applicant's engineer shall provide the NCDOT, for review and approval, an evaluation of the load bearing capacity of the bridge and shall make whatever improve- ments are necessary to certify that the bridge meets NCDOT safety and construction criteria, including: a) structures which are to span open streams shall be designed for hydraulic requirements in accordance with the Division of Highways criteria, and b) structures shall be designed for a minimum live load HS-20 as specified in the Standard Specifications for Highway Bridges of the American Association of Highway Officials, c) other requirements, as set forth in the Subdivision Manual May 1, 1983 shall be followed. (4) The applicant shall have performed and shall post with Orange County an annual bridge inspection report. The Manager further recommended that Orange County's consulting engineer be directed by the Manager to conduct a U6u study and provide recommendations concerning measures to safeguard the Lake Orange dam structure and spillway, including but not limited to, fencing to prevent public access. The Board of Commissioners voted to deny the preliminary plan. The reason for the denial was concern about the safety of the existing bridge crossing the Eno River. Concerns were also expressed about the ability of a home owners association to maintain the bridge. The applicant has provided materials that address the Board of Commissioners concern. They propose to construct all roads in the subdivision, rebuild the bridge over the Eno River and extend Lake Orange Road, all to N.C. Department of Transportation standards. Doing so would adequately address the Board of Commissioners concern. The Planning Board recommends approval with the following conditions: (1) Provide a notation on the Final Plat indicating re- stricted development potential if lots 17 and 18 prove unsuitable for septic systems. (2) Meet with the Recreation and Parks Director regarding a voluntary donation of an easement in the 100-year floodplain area adjacent to the Eno River. (3) Construction of all roads in the subdivision and up- grading Lake Orange Road from the end of State main- tenance to the subdivision, including the Eno River bridge, to NCDOT standards as proposed by the applicant. RECOMMENDATION: The Manager recommends approval of the preliminary plan as recommended by the Planning Board with the following added stipulations: 1. That safeguard measures be installed by Orange County to prevent public access to the Lake Orange dam structure and spillway; and 2 . That the safeguard measures be installed prior to the issuance of any certificates of occupancy for dwellings in the development. 11/85 ApaugAllgiiik.LEBEWausaAnagyAL ORANGE C.pUNTY DATE: I'LIaC- IBC- SUBDIVISION NAME:- 'ENO -R►V6-i2 --5Tf'tE-.S LOCATION: id AKE. tz.AN&. OWNER/DEVELOPER: rE.a 6E- LA-r-r'Mo RE- ADDRESS; TELEPHONE Na . : AGENT/CONTACT: "F-4.4-1" La,,,,d S'l,ry s c . TELEPHONE NO . : 73Z4-p L 1 A. SUMMARY INFORMATION: Orange County Tax Map yam, Black �r- Lot (s) -3 Township Z Zoning District(s) : Tata L Number of Acre:: ST Total Number of- Lats: --.Z. Average Lot Size : 4.Oo�. injmum : Number/Type of Structures : (existing) $.JoNE- -�� Min pos Lot Size l.t6ac. Linea l Feet in Streets: 2 (ProPosed)•5`(NL71r� i�7�/�ty Mater Su Acres in Open 5paca Pply: Pub lic(rpecif ) C Wastewater 0i 'pose l: PubLic(specify) oCammunit X Individual Schaal District: y Indi vi dua L Genera l Land Uses in Area: G cul-TutA L Fire R ct Critical Areas: X _stream/drainageway watershed(ap ec-ij lead prone areas other(explain) _�.histaric sites B. A L 1 p Late must be :ubmi tted on sheet no sate L ler than . one 1 nch aqua Ls two_ hundred feet (7 ";2001 ) and no Larger than one inch equals fifty feet (1 "=5O ' ) ands mu contain the fo ( Lowing information : �L `•• aubeiviele■ name �L - r" name of o seer fdJ NA s� bui lding pr liner peck items n■m. ■♦ :_<;'=: by natation sureoper. engineer Or �:_;; •r trpleal lot Imp) Led} / Land planner ,f//.r• layaYt f ltitta7 vr■ttmtn■r v "le coleting and _ ebale. na y lag ;<•:':•:: soots (areinrge.puti (hies. rth ■rroe [North ■t / top of rapt roads, etC.] data Its ✓ w ■x1ttn olaetng revi•lon Gates)-- g. Praaaestl and tbensotp. ts: ■ep-•block-lo! fi< ;< rd�alhing right■-pf�ey rafsroeoaa .'''�''- including diranainne and f ■treat nerve■ and outs rasa brrrdory do■orlbrd With bearings Inc d1■tanore r;����� .Ymbere �. • total ■areogo of the tract 4r1n "'•�*'• existing end p • ` sad Wear • iiaili uti (Atlas. Inc Leaing eg of loss. lnalna/n o:o : j ■ae sxatnding area Within g type, sizes, ,// .V.: rlght.�wftio •=^2f: bra wolves and _:'' y srnho lee Control corner �'` .; propeoed let tin.. rlth existing and proporod culvert .::4,:,S 2`?•} dimensions 'Y;�r': Inc Ledlgg al zoo Inc g t tot numrerr trpleal atrwrt drbaerewetien• phoning .' ,y sad i g lines including on dotal la / tepbgraphy et tan fool (10) g asolgn and Width ✓/ 1 t■ r of srrva/eoy and ,• } howl •ti (dare enter bodies, ■ flood- i !' 'c ;petal Ligament and Sz. ray and Pies, orins / ::.iM goners/ curve data (public •� ;.:,rw streeo buffers end notation V *'-.^•:; roadaJ tndicating restricted by features such se 1� dove( buildings, ooretarlea. i•l .,,;,*; toaashlp. earporete end rztrs- /11,-::: girsbr1t Laoom■aka. territorial �.. edJdthing lot planning nerves of •dJeinln layout jYrisdietiba tins. *Alen g proper! 4 tree■ the Property Manors mad aYbdivla7onr l■ostibn and else of p•re•/s dedicated for 1n Carron pub lie use or reserved location end size of late of r lased dev•laprent pet.ntia( and .:. -4k: nbt■tlon on plat reverting sane w.:;:: starseosrr ■anagarent plan indicating p pool oleo for centre( of the fl rot 1/2 lnah of ff fret I +out surfaces (RR11V Ciprn rnD nr7y rr ,,, .,\ C. OTHER SUBMITTAL REaUIREI4ENTS : 0b4 1 . Twenty—six CO ) copies of' the preliminary p let 2. Two full size copies of art Orange County Tax map (one copy with tai parcels involved clearly marked) . 3. Where municipal or OWASA sewer is not avai Lab le , a letter from the Orange County Hea lth Department certifying the proposed wastewater system fo r each Lot . I , the applicant, hereby certify that the foregoing application is complete and accurate . I understand that a $210.00 fee (subdivisions of 15 Iota or less ) or a $370.D0 fee (subdivisions of 16 lots or more) is due at the time of app Li cati on . A $5.00 par lot tea is due at the time the final p let i s presented for recordation . APPLICANT 'S SIGNATURE OWN, ' ATURE GATE DATE FEES: Amoant 42v, Date Paid /�-2r�_ c?( Receipt 5-7/ / .{y..( U. U6` GLNTC M 64-Jb -rt.) w l/ ..cE :.A:GE: iI . EN o FZ v sr�r s ss , P a� 1b ` tv1.4TCH nl>Uca�r =LAmluo 2CIA LP D65%G�t,an° nAAL. �; z 025eFv I\ 4 a�' 44 22.1 AC. CAL. 0 +64 156.57 AC. IN �� 4 A F 5 0474 3 98 1 -2 . 85 • 1 cr! 2274 N ! \ D v4 \\\:\:\ (I) \ • 1 likk • 11 42 \\\\` ' 62 ` 3- 4.40, E tip I ,..../.7_,..... „7-------<\__ScA).:E.:\ \g,.■:co titi ti� �� Eno River Estates 064 11/85 ORANG COUNTY CERTIFICATION AND APPROVALS — PRELIMINARY PLAT STAFF ASSIGNMENT: Jane Garrett SKETCH PLAN: Received 12-12-86 Reviewed 12-17-86 PRELIMINARY PLAT: Received 12-29-86 Reviewed 1-5-87 REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE 2-13-87 CERTIFICATION J.M. Mills, District Engineer SCHOOL BOARD (OrangeIChapel Hill--Carrboro) : DATE. 2-2-87 CERTIFICATION N/A UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE N/A Certification OTHER: Recreation Advisory Council 2-23-87 MA Black (Date) Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro _(Date) Hillsborough (Date) Durham (Date) Other S&E 10-2-86 W Fa i rcl oth (Date) Health Department 1-21-87 TKonsler (Date) PLANNING BOARD: Date 3-16-87 Approval Approval with Conditions X Denial BOARD OF COMMISSIONERS: Date 4-15-87 Approval Approval with Conditions Denial x _ fl() ' DRAFt r5M- MINUTES PAGE 2 ._... projection for Little River Township was large InA( percentile terms, and had already been shared with the public, creating a credibility problem among area residents. These corrections have all been made. MOTION: Best moved approval with corrections as stated by Jacobs . Seconded by Pilkey. VOTE: Unanimous. AGENDA ITEM #4: COMMISSIONERS BRIEFS - Informational only. AGENDA ITEM 15 : CHAIR COMMENTS Pilkey reported from the Reservoir Site meeting with Don Cordell and respresentatives from the various water suppliers. She stated that review of the study is underway with a recommendation to be made within ninety days. Best reported from the Long Range Water Management Strategy Committee . He stated that the short term solution of transfer of water is being studied. For a long term solution, the question of how to finance a new reservoir site provided the need for a new site is established . He indicated a meeting would be held on April 1 to hear a report from Hazen b Sawyer on procedures for transfer of water from surrounding areas such as Durham, Burlington, Chapel HiII and Chatham County. Also, methods of financing a long term project such as a new reservoir site such as bond issues will be discussed. Jacobs reminded staff of the pub.l-i•c charge to be included on the agenda. Jacobs asked the Board to consider having a special Planning Board meeting on April 7 to review and make recommendations on the Rural Buffer and the Transition Area. AGENDA ITEM #6 : SUBDIVISION APPLICATIONS a. Eno River Estates ' '! 1 d n , ,\(Preliminary Plat - Cedar Grove Township Presentation by Greg Szymik . The property in question is located in Cedar Grove Township extending from Lake Orange Road ( SR 1323 ) . There are 27 lots proposed out of ■ 9 01 ?In yCD N O6t CD RAFT PIM MINUTES PAGE 3 approximately 81 acres . The average lot size is 2 . 9 acres, and the subdivision will be developed in two (2 ) phases . The roads in the subdivision will be constructed to NCDOT standards for a residential subdivision . However, the applicant proposes that the streets be retained in private status and maintained by a homeowners associa tion . No zoning has been adopted in Cedar Grove Township . The Land Use Plan designation is Agricultural Residential . The minimum lot size required in unzoned townships Is 40 ,000 sq. ft. All applicable agencies have reviewed and commented on the proposal . The North Carolina Department of Transportation provided recommendations in the enclosed letters dated January 8 , 1987 and February 11 , 1987 . Orange County Planning Staff supports their recommendations regarding the bridge. Szymik presented photographs of the bridge as supporting documentation . The Orange County Recreation Department provided a recommendation in the enclosed memo of February 23 , 1987 . Voluntary donation or an easement grant for the 100—year flood plain area adjacent to the Eno River is to be sought by the Recreation Director. Since no plan for parks and/or greenways exists for Cedar Grove Township, the Orange County Planning Staff supports this recommendation . The Planning Staff recommends approval contingent upon the following conditions: ( 1 ) Provide a notation on the final plat indicating restricted development potential if lots 17 and 18 prove unsuitable for septic systems; and (2) Compliance with NCDOT guidelines (minimum construction standards ) regarding the bridge. Szymik indicated Planning Staff wished to expand condition 1 2 as follows: Planning Staff recommends that a Community Association of Landowners establish a capital fund to rebuild the bridge to NCDOT standards when the time comes to replace the bridge. • Q DRAFT PBM MINUTES PAGE 4 0 Best inquired when the bridge would be replaced. Szymik responded that staff would recommend that a certified engineer examine the bridge, determine its condition and estimate its future life span and recommend that the capital fund be created to have the amount of funds needed for replacement when that Iife span is reached . Jacobs asked why the question about the bridge would not be taken care of before preliminary approval . Collins responded that the Homeowners Association Agreement (with County Attorney ' s approval ) , will be included with the final plat. Scott Dorsett, representing the applicant, stated that the Lattimore ' s home will be the first to be built in the subdivision and indicated he felt the applicant would be willing to take whatever steps necessary to assure the proper replacement and upkeep of the bridge. Jacobs asked about the applicant ' s response to the recommendation from the Orange County Recreation Department. Mr . Dorsett responded that the Lattimore ' s expressed willingness to discuss the recommendation with Ms . Black, Recreation Director. Jacobs asked about adding a condition regarding recreation . Collins. responded that it would have to be a voluntary contribution . Pilkey - expressed a concern that in the future there would be a road going all around the lake. Mr. Dorsett responded that his clients would be opposed to such a road . Jacobs presented the following change and addition to the conditions as presented by Staff : Change Condition 12 to read : That a Community Association of Subdivision Landowners establish a fund of annual dues to be applied to replacing the bridge to NCDOT standards at the time the life span of the bridge is achieved. Add Condition /3 : That the applicant meet with the Orange County Recreation Director and representatives of the Orange County Recreation and Parks Advisory Board to discuss voluntary donation or the granting of an easement of lands in the 100-year floodplain 0Gb DRAFT PBM MINUTES PAGE 5 along the Eno River. MOTION: Best moved approval with the three conditions as recommended by Staff and Jacobs . Seconded by Swann . Hubbard inquired about the amount of drainage into Lake Orange. Szymik responded that the proposed extension of Lake Orange Road follows the ridge line. The property passes over the ridge line in the northeastern corner of the property which drains into Lake Orange. The remainder drains westward into a small stream which empties into the Eno River Just below the dam. Pilkey asked about access for adjoining property . Szymik responded the possibility of requiring a stubout to the property to the west ( a one- hundred acre tract) , which is separated from the State Road by another large tract of land ( 48 acres ) , was discussed but the Planning Staff decided against a requirement which might encourage further development. Margison expressed a concern that this would be another area of pollution for a water supply watershed . Best responded that the lots are larger than two-acres and the requirement now is only 40,000 square feet; thus, he felt there is sufficient open space to address Margison ' s concern . Collins clarified that after..p-emov i ng the flood- plain areas, there is sufficient buildable area to meet all setback requirements for the home and to install the septic system. Hubbard commented the large lot sizes were nice but he felt it was still too critical an area to allow development where any drainage would go into Lake Orange. Collins indicated he felt this was not an area for concern as the lots at that particular point would most likely remain wooded and that small area would act as a buffer. Eddleman noted that he felt the Board must stay with the findings of fact and the requirements or be challenged . Marglson wished to add a fourth condition requiring that all lots fronting the lake and floodplain have at least a fifty foot buffer of existing vegetation . Ufz; DRAFT PBM MINUTES PAGE 6 The fourth condition was accepted. VOTE: 8 in favor. 1 opposed (Hubbard - opposed to development In a watershed ) . 1 abstained (Yuhasz - due to professional con- flict of interest) . • • %U Orange County Commissioners P08 1106 Hillsborough, NC 27278 Hillsborough, . HC 27278 6-1 -87 Dear Commissioners: The preliminary plan for our proposed development, Eno Riuer Estates, was rejected at your April meeting due to concerns about the safety of the bridge over the Eno river. In this letter and the attachment we hope to demonstrate our efforts to resolve this question. Ue feel the ideal solution to the development's transportation requirements would be to build a bridge and all roads to state DOT standards, and to subsequently petition the state to take over maintenance. Ue have been working to try to achieve this end in the most cost-effective manner, since we are private individuals with quite limited means. The attached letter is from the engineer we employed to research both hydrographic data and construction options. Achieving a plan by which the deuelopment would get roads ( which of course implies a bridge to state DOT tstandards a) would be of benefit to ourselves, future residents of our development and residents of adjacent developments , not to mention the county in general. Even if there exist technicalities, which there undoubtedly do, by which this petition could be rejected, we are sure you will see beyond them to the benefit to be derived by all with our plan. As you are aware, 11 lots are already platted immediately north of us in Just-A--Mere Landing. If you add our 2 parcels of land, which can be divided into 9 additional lots, you can see the potential for significant traffic on the existing bridge, which will necessarily be serviced by lesser private roads. For the additional lots the County gains a bridge and is relieved of its obligation to maintain the existing bridge to: 1 . Service and maintain the dam. 2. Protect citizens using the bridge for ingress to their lots (23 in total). Ue have been endeavoring for over a year now to begin work on our project. Ue would hope to resolve the matter to eueryones satisfaction and continue to work with the members of the Board of Commissioners and Planning Department. Yours eJ , 6eo La," more. Marcia Lattimore. Uzi INTERNATIONAL ic= timm ENGINEERING SERVICES, Inc. 1904 Fawndale Drive, Raleigh, North Carolina 27612 919/848-4064 May 20, 1987 Mr . George M. Lattimore PO Boy: 1406 Hillsborough, NC 27270 ref: Lake Orange Estate Dr i dge over En.: River Dear Mr . Lattimore: Based on field data and floodway discharges information, we have completed preliminary hydraulic study on the subject bridge site. The design data are: 1 . 100-year flood discharge: 200 ,:: f 2. 25-year flood discharge: 1220( = fs 3. 100-year flood cl evat i on: 595. 7' 4. Existing road bed elevation: 594. 2' According to North Carolina Department of Transportation' s. policy, culvert under a minor secondary road, such as the subject road, shall be design for 25-year flood. Since this site locate in flood plain, the Department ' s policy required that 100-year flood shall also be considered. Therefore this preliminary study is based on the 100-year flood design. The idea is to design a box culvert that will carry design discharge for 25-year flood - and allow 100-year flood top over the roadbed. The box culvert shall be large enough that the 100-year flood elevation will not be violated. I discussed this design concept with Mr . Pet Ivey of Graham District. Office of North Carolina Department of Transportation. He indicated that the concept is acceptable. The same concept has been discussed with engineers in . NC DOT Hydraulic Unit. They also found it to be acceptable. The final design will be reviewed by NC DOT engineer when the road construction plans are submitted for approval . , i/e/e( 07� • Using the design data shown, the required opening for this site can be provided by triple Ox6 box culvert . Roadway grade * will remain the same as existing. Detail hydraulic design for the box culvert will be included in the Hydraulic_ Design Final Report .- -- eport .� - I. am glad to have the opportunity to work with you on this project . If there are any questions before the final report is prepared, please feel free to _all roe. Sincerely yours, Shie—Shin Wu, PE cc : Mr . Pet Ivey • STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN January 8, 1987 DIVISION OF HIGHWAYS GOVERNOR AMES E. H.ARRINGTON Sa' Ei ARY GEORGE E.WELLS, P.E. STATE HIGHWAY ADMINISTRATOR Orange County Ms. Jane A. Garrett Orange County Planniug,Department 106 Bast Margaret Lane Hillsborough, NC 27278 Dear Ms. Garrett: In response to your letter of December 22, 1986, when I attempted to investigate this area indicated on Tax Map 45 in the Cedar Grove Township, I found the road blocked and, therefore, could not review the condition of the dam. Actually, it is the policy of the Division of Highways to discourage the location of roadways on dams. However, in certain cases where a definite advantage is gained, a dam may be utilized as a roadway provided the following criteria is met: 1 . The dam must have certification from the N. C. Department of Natural Resources and Community Development pursuant to the "Dam Safety Law of ]967" (amended 1977). 2. All pertinent data regarding the design of the embankment as an impoundment structure must be presented to the Division of Highways for review. 3. The top cross section dimension must be the roadway width required (shoulder point to shoulder point) plus a mini- mum of four (4) feet. 4. Guardrail will be provided on the impoundment side of the roadway. If a safety hazard exists, then guardrail may be required on both sides of the roadway. 5. The spillway will be designed to provide two (2) feet of freeboard at the shoulder for an estimated 50-year design frequency outflow as a minimum. An Equal Opportunity/Affirmative Action Employer Ms. Jane A. Garrett U 7 4 January 8, 1987 Page 2 6. A means of draining the lake completely will be provided. The Division of Highways approval is limited to the use of the dam as a roadway and is in no way intended as approval of the embankment as an impoundment structure. Also, if the section of roadway crossing a dam is accepted as a part. of the State Maintenance System, the maintenance of this roadway is limited to the shoulder point to shoulder point area only. Responsibility for the impoundment, any damage that may result therefrom, and maintenance of the dam or appurtenances as may be required to preserve:its integrity as a water im- poundment structure shall remain with the owner of the impoundment. Any such maintenance work will be subject. to the provisions of G. S. 136-93. If the developer satisfied the requirements for a roadway section located on a din,-the section of road below this dam will be eligible to be added to the System of maintained roads if it is constructed in accordance with the Department of Transportation's minimum construction standards as out- lined in the Subdivision Manual, May 1, 1983, (right of way, pavement design, minimum housing requirement, etc.). Of course, if the developer desired to add the road on the other side of the bridge to the System of maintained roads, then the bridge will have to meet the following criteria: 1. Structures which are to span streams shall be designed for hydraulic requirements in accordance with Division of Highways ' criteria, and plans shall be submitted to the Hydrographic Unit. for review and approval. 2. Structures shall be designed for a minimum live load of HS-20 as specified in the Standard Specifications for Highway Bridges of the American Association of State Highway Officials, and plans shall be submitted for review and approval by the Structure Design Unit. 3. Other requirements, as set forth in the Subdivision Manual, May 1, 1983, shall be followed. I hope this helps you regarding this development.. If you have any questions, do not hesitate to contact this office. Yours very truly, I J M. Mills IISTRICT ENGINEER JMM:jbh ORANGE COUNTY PLAN LNG DEP ARTME!c'r' 0Th HILLSBOROUGH NORTH CAROLINA 27278 0,01; _� 17 �� 5: MEMORANDUM TO: Jane A . Garrett, Planner FROM: Warren Faircloth, Erosion Control Officer SUBJECT: Eno River Estates Stormwater Management Plan DATE: October 2, 1986 The plan for this subdivision utilizes large lots ( 2 acres ) , limited impervious surface on each lot, grass swales along the new paved road , and retention of the existing vegetation as a buffer for filtering and infiltration of runoff to meet the Ordinance requirements . The plan and subdivision meet the Ordinance requirements . 1 Li Warren Faircloth i /0 -2.4/0 iU ranar Luunt�► Krrrratinn anb parks Ut iartmrnt ^ ^ 2'276 r r a Mary Anne Bach. 1)u er,cp MEMORANDUM o ra ~?� -,OLJ TO: Jane Garrett, Planner �`2�1- l � FROM: Mazy Anne Black I 13 DATE: February 23, 1987 RE: Courtesy Review -- Elm Grove Eno River Estates Esoderrick Division ELM GROVE , Upon review of the preliminary plan for the proposed Elm Grove Subdivision, I find that the only element warranting comment from a recreation and park perspective is the subject property's location (a) in the JPA and (b) on or near the New Hope Creek waterway. The owners have indicated to me that the property is not in the New Hope Creek floodplain and if this is the case, I would recommend that the County accept payment-in-lieu of dedication of land for public recreation, in that the property does not contain lands for future park or greenway sites. ENO RIVER ESTATES The only element of this proposed subdivision preliminary plan is its proximity to Lake Orange and its location on the Eno River. Both these water resources are valuable recreation resources as well. I would request that the County pursue the possibility of the owner (a) donating that portion of his property which lies within the 100-year flood plain to the County, or (b) granting a(n) (conservation) easement on that same portion to the County. I would be willing to explore these options with the owner if the Board so desires. The County Attorney would, of course, need to be involved in such negotiations. ESODERRICK DIVISION I find no element on the preliminary plan warrenting comment from a recreation and park perspective in that the subject property's location is not within the JPA or planning jurisdiction of Hillsborough. Thank you for the opportunity to offer these staff comments. I will present my recommendations to the Orange County Recreation and Parks Advisory Council at their March meeting and will forward to you any changes/additional comments they may have. MAB/pbl HIisnorough. 732-5361 ' Durham. 688-7333 ' Chapel Hill. 968-4501 • Mebane, 227-2032 • 07 ( DRAFT 11M1 PLANNING BOARD MINUTES JUNE 15 , 1987 MEMBERS PRESENT: Sharlene Pilkey ( Vice-Chair) , Chris Best, Dan Eddieman, Peter Kramer, Betty Margison, Prince Taylor, Steve Yuhasz. MEMBERS ABSENT: Tim Hubbard, Mike Lewis ( unexcused) Brenda Swann (excused) STAFF PRESENT: Marvin Collins, Greg Szymik, Brad Torgan, Eddie Kirk, Joanna Bradshaw. AGENDA ITEM #2: CONSIDERATION OF ADDITIONS TO THE AGENDA Mr. Wayne Taylor indicated he felt his subdivision application should be on the agenda. It was agreed, if it was ready, to add to agenda item #9, Planning Board Items. Vice-Chair Pilkey noted that Chair Jacobs would arrive late and that the approval of minutes and Chair comments would be deferred until that time. AGENDA ITEM #4: COMMISSIONERS BRIEFS - May 19, 1987 - May 26, 1987 - June 1 , 1987 Informational only. AGENDA ITEM #5 : PUBLIC CHARGE Pilkey reported on the dam site committee meeting indicating Corporation Lake as the probable dam site. AGENDA ITEM #7 : SUBDIVISION APPLICATIONS a. Eno River Estates - Preliminary (Cedar Grove Township) Presentation by Greg Szymik. The property in question is located in Cedar Grove Township extending from Lake Orange Road ( SR 1323) . There are 27 lots proposed out of approximately 81 acres. The average lot size is 2.9 acres, and the subdivision will be developed in two (2) phases. The roads in the subdivision will be constructed to NCDOT standards for a residential subdivision. Lake Orange Road and the Eno River Bridge will be upgraded to NCDOT standards as well . CO i 2 076 No zoning has been adopted in Cedar Grove Township. The Land Use Plan designation is Aricultural Residential . The minimum lot size required in unzoned townships is 40,000 sq. ft. The preliminary plan was originally reviewed by the Planning Board on March 16, 1987 . The Planning Board recommended approval with the following conditions : ( 1 ) Provide a notation on the final plat indicating restricted development potential if lots 17 and 18 prove unsuitable for septic systems; ( 2) The community association that will maintain the private streets in the subdivision should establish capital fund that will be sufficient to replace, in compliance with NCDOT guidelines ( minimum construction standards for bridges) , the bridge crossing the Eno River. Capitalization of this fund should be deter mined by a qualified engineer and should be based on the estimated replacement cost being available at the end of the present bridge' s remaining life span. (3) Meet with the Recreation and Parks Director regarding a voluntary donation of an easement in the 100 -year floodplain area adjacent to the Eno River; (4) Provide a 50 foot undisturbed buffer for lots with frontage on the floodplain area adjacent to Eno River and frontage on Lake Orange; (5) The Road Maintenance Agreement for the private roads in Eno River Estates should indicate that the roads will be maintained to State standards; and (6) Include the name of the owner and location of parcel 2.45. .3A, John W. Tolar, on the Final Plat. The County Manager, in making his recommendation to the Board of Commissioners, endorsed the Planning Board recommendation and recom mended adding the four following conditions: ( 1 ) The Road Maintenance Agreement for the private roads in Eno River Estates shall indicate that the roads will be maintained to State standards; (2) The plat shall include the name of the owner and location of parcel 2.45 . .3A, John W. Toler, on the final plat; D ( 3) The applicant' s engineer shall provide the NCDOT, for review and approval , an evaluation of the load bearing capacity of the bridge and shall make whatever improve meets are necessary to certify that the bridge meets NCDOT safety and construction criteria, including: a) structures which are to span open streams shall be designed for hydraulic requirements in accordance with the Division of Highways criteria, and b) structures shall be designed for a minimum live load HS-20 as specified in the Standard Specifications for Highway Bridges of the American Association of Highway. Qffi )� i �l �� c) other requirements, as set forth in the Subdivision Manual May 1 , 1983 shall be followed. ( 4) The applicant shall have performed and shall post with Orange County an annual bridge inspection report. The Manager further recommended that Orange County ' s consulting engineer be directed by the Manager to conduct a study and provide recommendations concerning measures to safeguard the Lake Orange dam structure and spillway, including but not limited to, fencing to prevent public access . The Board of Commissioners voted to deny the preliminary plan. The reason for the denial was concern about the safety of the existing bridge crossing the Eno River. Concerns were also expressed about the ability of a home owners association to maintain the bridge. The applicant has provided materials that address the Board of Commissioners concern. They propose to construct all roads in the subdivision, rebuild the bridge over the Eno River and extend Lake Orange Road, all to N.C. Department of Transporta tion standards. Doing so would adequately address the Board of Commissioners concern. The Planning Staff recommends approval with the following conditions: ( 1 ) Provide a notation on the Final Plat indicating restricted development potential if lots 17 and 18 prove unsuitable for septic systems. ( 2) Meet with the Recreation and Parks Director regarding a voluntary donation of an easement in the 100-year floodplain area adjacent to the Eno River. (3) Construction of all roads in the subdivision D4 and upgrading Lake Orange Road from the end of State maintenance to the subdivision, including the Eno River bridge, to NCDOT standards as proposed by the applicant. Best asked why Staff had removed the condition regarding the fifty foot buffer. Szymik responded that the buffer had been designated on the revised plat. Pilkey asked if a reservoir site on Corporation Lake would back water over this development. Szymik responded that according to conversations with Bill Laws such a reservoir site would not create problems for this subdivision. Jacobs asked if the applicant had met with the Recreation and Parks Director. Szymik responded that due to the process of addressing concern about the bridge, the applicant had not been able to meet with the Recreation and Parks Director. Thus, it is still listed as a condition of approval . Pilkey asked if it is safe to build a subdivision below Lake Orange dam. Szymik responded that the development is consistent with and meets the safety standards of the Dam Safety Act of North Carolina. Jacobs asked that Szymik address the applicant' s letter regarding the intent to build all roads to state standards. Szymik responded that he felt this letter stating the intent to build the bridge and all roads to state standards was an attempt on the part of the applicant to address the Board of Commissioners concerns with the bridge. Best indicated he felt it was basically the same subdivision plan presented previously with the deletion of the Road Maintenance Agreement, dedicating the roads and bridge public and con- stucting to state standards. MOTION: Best moved approval with Staff conditions. Seconded by Kramer. VOTE: 5 in favor. 2 opposed (Pilkey - felt it was unwise to build below the dam and it seemed the roads were the main concern of the applicant. Margison - concerned with the floodplain and the lot sizes on Lake Orange with septic tanks) . 1 abstained (Yuhasz - due to professional conflict of interest. ) b. Lot 101 of Margaret Yost - Preliminary ( Eno Township) O R A N G E It C O U N T Y BOARD OF COMMISSIONERS U 8 1 ACTION AGENDA ITEM ABSTRACT Meeting Date July 62 1987 Action ge da Item ` o SUBJECT: SUBDIVISION OF LOT 101 OF PROPERTY OF MARGARET YOST - PRELIMINARY PLAN ACTION BY: August 11 , 1987 DEPARTMENT: PLANNING PUBLIC HEARING Yes x__ No ATTACHMENT( S) : � __� � " INFORMATION CONTACT: Emily Crudup Application Vicinity Map Preliminary Plan Preliminary Plan Certification Agency Comments 6-15-87 Planning Board Minutes TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of the Preliminary Plan for the subdivision of Lot 101 of the Margaret Yost property. BACKGROUND: The property is located in Eno Township off Piney Grove Church Road ( SR 1711 ) , south of U. S. 70 and adjacent to Interstate 85 . A minor subdivision approved earlier this year created lots 101 , 102-A and 102-B. The subdivider is proposing four new lots from lot 101 which has a total acreage of 10.01 acres. The average lot size is approxi - mately 2.5 acres. These lots will be served by a Class B . private road. The property is zoned Residential -1/MTC. The land use plan designation is Rural Residential . All applicable agencies have reviewed and commented on the proposed subdivision. The Planning Board recommends approval of the preliminary plan with the addition of a Type F ( 100 ' ) Buffer along the southern property line adjacent to Interstate 85 . RECOMMENDATION: The Manager recommends approval of the preliminary plan as recommended by the Planning Board. 11/85 AP-ELISAllatLEaLawausIzatup_p_sayAL"A„, ._ I O8 SUBDIVISION NAME: 6u13Divi5yax DATE: z Ig o� car to a -r LOCATION: Os `�L os OWNER/DEVELOPER: t- OAT ADDRESS; TELEPHONE NO. : AGENT/CONTACT: FTI_ � TELEPHONE NO . : 32 Z(vL A. SUMMARY INFORMATION: Orange County Tex Map ZI Block •aat.t rl Lc [a) �� Township Zoning District(s): Total Number of Acres: lo.o L l Total Nulsbar of Leta; � Phaeea : � Number/T Average Lot Size: �� Minimum Lot Size Lineal Feet in Streatares : (existing) S (proposed)6 Mater $Fe i Acres in Open Space -- � ' Wastewater Disposal: Public(specify) Communit Sahoel ter Disp 02 : Public(specifyy�Communit_Individual Covil Fire District ; y -Individual General Land Uses i n Area: Critical Areas: 72S►N�7£7.l'IIAL streee/drainagereys flood KaLerahed(epec ) prone areas hietorlc sites other( explain) B. ALL pLots must be submitted on sheet no smaller than • on hundred ' -feet (1 ";2D0 f ) and. no Larger then one inch a ua is afi f ly feQt (1 "ie60 i ) an�must contain the following 1 n fo rmat 1 on : q la ti ft y teat •.—- midi N g/ee none Zia'}"` art Ld1n heck t tem5 way •t .wror(al g setsrek liner worn of errr.„r. owginosr .r by notation ar t lot Omp l e tad) / K l.rd P Lnw.r l■eeet ya 1 a.l (eltL.3 Nr.ltrin.rr 'lrn "-- •' existing awd Pr ••••• er.e- a.ale. Werth error (Merth at menu Idrein. • cep of new) ': roaea, .sa.) s • asiLlttos� ' des. 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OTHER SUBMITTAL REQUIREMENTS : 08 w 1 . Twenty—six (28) copies of the preliminary plat 2. Two full size copies of en Orange County Tax map (one copy with to parcels Involved clearly marked) . 3 . Where municipal or OWASA sewer is not available , • letter from the Oren County Health Department certifying the proposed wastewater system fo , each lot. I , the applicant, hereby certify that the foregoing application is complete anc accurate . I understand that a $210.00 fee Isubdivisiona of 15 lots or less ] or • $370 .00 fee (subdivisions of 18 Lots or more) is due at the time at application . A $5.00 per Lot fee is due at the time the final presented for recordation . plat 14 APP LICA!I�T 'S SI"6NA� \m^. - OWNER 'S S NATURE 3Z7 t $7 3 1E3 DATE DATE 7 • • • FEES: Amount /0.'i Date Paid 3.2 7.17 Receipt /24 S$ c�- Q 45 v N 2-37itC. ss 2 1 a+. 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I SUBDIVISION OF LOT 101 OF PROPERTY OF MARGARET YOST 08� 11 /85 CERTIFICATION AND APPROVALS - PRELIMINARY PLAT STAFF ASSIGNMENT: Emi 1y Crudup SKETCH PLAN: Received 2-23-87 Reviewed 2-25-87 PRELIMINARY PLAT: Received 3-27-87 _ Reviewed 4-1-87 REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE N/A CERTIFICATION SCHOOL BOARD ( Orange/Chapel Hilt -Carrboro) : DATE 4-29-87 CERTIFICATION N/A UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE Certification OTHER: Recreation Advisory Council _( Date) Carrboro Fire Department _( Date) Chapel Hill ( Date) Carrboro ( Date) Hillsborough ( Date) Durham ( Date) Other - Health D. Hecht 6-2-87 ( Date) - S & E W. Fa i rcl oth 5-8-87 ( Date) PLANNING BOARD: Date _ Approval Approval with Conditions Denial BOARD OF COMMISSIONERS : Date _ Approval Approval with Conditions Denial ORANGE COUNTY PLANNING DEPARTMENT HILLSBOROUGH 08 t NORTH CAROLINA 27278 M� �_ .e it -!: MEMORANDUM TO: Eddie Kirk, Planner FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Yost Subdivision DATE: May 8, 1987 The stormwater management plan for this subdivision uses large lots, a buffer of vegetation around the perimeter of each lot to filter and absorb runoff , and limited impervious surfaces to control the first half inch of runoff . The plan meets the Ordinance requirements. LL)1E4iA /241.____ ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD 08 `i HILLSBOROUGH, NORTH CAROLINA 27278 1:1.1=1 tAIAIV MEMORANDUM TO: Orange County Planning Board FROM: Orange County Planning Department SUBJECT: Subdivision of Lot 101 of the Margaret Yost Property - Preliminary Plan Private Road Evaluation DATE: June 12, 1987 BACKGROUND Private roads may be allowed in a subdivision when the following conditions have been found to exist. 1 . The nature and location of the subdivision, includ- ing such considerations as topography, the surrounding area, present and future road plans, and public safety access justify private roads, and 2. One or more of the following conditions exist: a) the subdivision consists of less than ten ( 10) lots ; b) the subdivision preserves a natural area through deed restriction and special design features ; c) the subdivision does not include or abut any part of a thoroughfare or street shown on the Orange County thoroughfare plan or the thoroughfare plan of an Orange County munici - pality, or does not lie within . a designated transition area determined by the County; d) the subdivision joins or extends an existing subdivision where the streets are private or unpaved and when the new subdivision shall be platted to connect with the streets of such existing subdivision and be compatible with and in harmony with the surrounding community O8t 2 area; and e) the subdivision roads, even if constructed to State Standards, would not be accepted by the State for maintenance due to density or some other State requirements that the subdivision cannot meet. EVALUATION In applying these conditions to the Subdivision of Lot 101 of the Margaret Yost Property, the Planning Department notes the following: 1 . The proposed subdivision is located adjacent to the right of way of Interstate 85 . Because of the location and design, the function of Justa Road is to serve only the four lots being proposed . 2. a) The subdivision consists of less than ten ( 10 ) lots . b) The subdivision does not preserve a natural area. c) The subdivision does not include or abut any part of a thoroughfare or street shown on the Orange County thoroughfare plan or on the • thoroughfare plan of an Orange County munici- pality . It does not lie within a designated transition area determined by the County. d) The subdivision extends an existing subdivi - sion where the road is private or unpaved. e) The proposed subdivision represents the minimum requirement for state acceptance for maintenance. However, all lots must be developed before the state will consider taking over maintenance of Justa Road. RECOMMENDATION The evaluation of the proposed road in this subdivision indicates that a private road is appropriate. Private roads are appropriate for small subdivisions with large lots such as this one. The road proposed will serve this property and will not be part of an existing or proposed street system. The subdivision satisfies three of the five conditions 3 O8 for the designation of a private road . The subdivision does not meet condition b, preservation of natural areas, and condition_ e, NCDOT acceptance. NCDOT density requirements for acceptance call for at least four ( 4) developed parcels on a cul -de-sac. When fully developed, this subdivision will have four ( 4) developed parcels . The Planning Staff recommends that Justa Road be permitted private road status. • - U p d 4 09L and upgrading Lake Orange Road from the end of State maintenance to the subdivision, including the Eno River bridge, to NCDOT standards as proposed by the applicant. Best asked why Staff had removed the condition regarding the fifty foot buffer. Szymik responded that the buffer had been designated on the revised plat. Pilkey asked if a reservoir site on Corporation Lake would back water over this development. Szymik responded that according to conversations with Bill Laws such a reservoir site would not create problems for this subdivision. Jacobs asked if the applicant had met with the Recreation and Parks Director. Szymik responded that due to the process of addressing concern about the bridge, the applicant had not been able to meet with the Recreation and Parks Director. Thus, it is still listed as a condition of approval . Pilkey asked if it is safe to build a subdivision below Lake Orange dam. Szymik responded that the development is consistent with and meets the safety standards of the Dam Safety Act of North Carolina. Jacobs asked that Szymik address the applicant' s letter regarding the intent to build all roads to state standards . Szymik responded that he felt this letter stating the intent to build the bridge and all roads to state standards was an attempt on the part of the applicant to address the Board of Commissioners concerns with the bridge. Best indicated he felt it was basically the same subdivision plan presented previously with the deletion of the Road Maintenance Agreement, dedicating the roads and bridge public and con- stucting to state standards. MOTION: Best moved approval with Staff conditions. Seconded by Kramer. VOTE: 5 in favor. 2 opposed (Pilkey - felt it was unwise to build below the dam and it seemed the roads were the main concern of the applicant. Margison - concerned with the floodplain and the lot sizes on Lake Orange with septic tanks) . 1 abstained (Yuhasz - due to professional conflict of interest. ) b. Lot 101 of Margaret Yost - Preliminary ( Eno Township) £ M If 5 Presentation by Greg Szymik . 091 The property is located in Eno Township off Piney Grove Church Road ( SR 1711 ) , south of U. S. 70 and adjacent to Interstate 85 . A minor subdivision approved earlier this year created lots 101 , 102-A and 102-B. The subdivider is proposing four new lots from lot 101 which has a total acreage of 10 .01 acres. The average lot size is approximately 2.5 acres. These lots will be served by a Class B private road. The property is zoned Residential -1/MTC. The land use plan designation is Rural Residential . All applicable agencies have reviewed and commented on the proposed subdivision. The Planning Staff recommends approval of the preliminary plan with the addition of a Type F ( 1001 ) Buffer along the southern property line adjacent to Interstate 85 . Jacobs inquired about restrictive covenants on the 10+ acre lots adjacent to this subdivision. Szymik responded this was not known. Pilkey asked if there were plans to bring Seven Springs Road through this property. Szymik responded there were no such plans at present but that land was being reserved on the plat for an easement if that should become a possibility. Jacobs noted that there were three 10 .01 acre lots and as a matter of information, he felt it was important to know if there were restrictive covenants regarding future subdivision before final approval . MOTION: Best moved approval with the Staff condition regarding Type F buffer. Seconded by Eddleman. VOTE: 7 in favor. 1 abstained (Yuhasz -- due to professional conflict of interest) . c. H. Edward Wright - Preliminary (Chapel Hill Township) Presentation by Greg Szymik. The property is located in Chapel Hill Township on the south side of Cheyenne Drive west of NC 86 . This tract is also part of Section 5 in Acres of New Hope. The property is zoned Rural Buffer, and designated as Rural Residential on the JPA Land Use Plan. O R A N G E C O U N T Y BOARD OF COMMISSIONERS U4 ACTION AGENDA ITEM ABSTRACT Meeting Date July 6, 1987 Action da Item # SUBJECT: SUBDIVISION OF H. EDWARD WRIGHT PROPERTY -- PRELIMINARY PLAN ACTION BY: August 11 , 1987 DEPARTMENT: PLANNING PUBLIC HEARING _._ Yes X No ATTACHMENT( S) : INFORMATION CONTACT: Emily Crudup Application Vicinity Map Preliminary Plan Preliminary Plan Certification Agency Comments 6-15-87 Planning Board Minutes TELEPHONE NUMBERS : Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of the preliminary plan for the subdivision of the Edward Wright property. BACKGROUND: The property is located in Chapel Hill Township on the south side of Cheyenne Drive west of NC 86. This tract is also part of Section 5 in Acres of New Hope. The property is zoned Rural Buffer, and designated as Rural Residential on the JPA Land Use Plan. The total acreage of the tract is 6. 8 acres. The applicant has proposed to divide this tract into a 2.0 acre lot and a 4.8 acre lot. Both lots are served by Cheyenne Drive which has been identified as a pre-existing public road . All appropriate agencies have reviewed and commented on the proposed subdivision. The Planning Board recommends approval of the preliminary plan with the submission of payment- in- lieu of dedication of recreation/open space for the amount of $334. RECOMMENDATION: The Manager recommends approval of the preliminary plan as recommended by the Planning Board. PLEASE TYPE OR PRINT ( INK ONLY) 11/85 090 APPLICATION FOR SUBDIVISION APPROVAL ORANGE COUNTY DATE: 5-0 -S7 SUBDIVISION NAME: POT' T-{ OF .� • �t7'VV4�� IIIL LCj{�T LOCATION : Alr. _ - A, . 4 , •DWNEA/D EVE LOP ER : Iti��i �yi y h 7- ADDRESS: ?f ar 1 „aa ,� TELEPHONE NO . : _q/4•- 42.-4-S-41-0 H• 1/7 ,b4yoce,rh A AGENT/CONTACT: . TELEPHONE NO . : A . SUMMARY INFORMATION: Orange County Tax Map Z Stock 4/ / IeI Zoning Districts] : .�_ Lot �,¢ TownshipU Total Number of Acres : u M Tote Number of Lots: Phases : i �_ Average Lot Size : '1. A Minimum Lot Size ,4 Number/Type of Structures.: (ex sting) o� Lineal Feat in Streets”- .4V4- '� (proposed]4 Water Supply; P�i✓a,�c. Acres in Open Space /a/ ,� Wastewater Disposal: P .v ,1e.Public(apecify) CQCommunity Individual School District: ! a L Genera L Land Uses n Area : Fi re Di ri et : bhp /h4 ✓,c / e Critical Areas.: st.reem/dreinageways flood iretershedlspac fyJ prone areas historic sites athe sxpLainJ S . All plats must be submitted on sheet no smaller than one inch aqua ls hundred feet • (1 "=2DD ' ) and. no Larger than one . inch equals fifty feet (1 "s50 ' 3 and must contain- the following information : 20 net Mq suhdirlslon s v 'A nose of oemmun( building setback Lines . �Ck items name of yor, rnpinear or ": by notation or typical lot lip 1 e tad) y*; land planner layout �, r (title] Preliminary p � .. existing and proposed ease— smelt Hers y lan -::* manta ldrrina ■ h arrow Ihorth at 0 . utllitiaa, too of noel V' roads, etc.] , p rr�, data (including ad adjoining proposed m>a •: g rsrlston datssl� ::x�<�: ,;; township, tax asp—block—tat i}�; InsLudlhp ripnsarot�sy rsfornnesa rh; tneludtnq dlrena/one and S.0..' ::fi::R. boundary dsseribed with yYa:,:: ntrost Harts and assts road �Y• '�' baering' and di �; existing seta! ,..,, utilities, and %,-. gar of the treat ;-?t+,. proposed and aersage of lots, inolodln .' y , siz including and exeladtn p Ytitfi< type. ■1zae, Ni... p area within ;'rid•: rights--pf�sy hrorsnts, valves and oont A IrahhO lea rpl CO Mar fi-' p lot lines with : exiatlhg and proposed culvert dieenslona ^ fi' including g r� �;,, p size■ and rioaa 7,� a, let numbers . typical street trose—enctton■ • �r phoning lima • „:::: and 'fat sign details •i::iiK topography at tan foot Ito) :;. including design and width „/a :o-.` i la s•'•° of terra fray and ■hoo Ldera /JJ(j setup bodies. '4' . horizontal ”' flood— '---•: alignment and ''O wary end floadplaln■ ig: roadrrl carte data (castle gt i'.''""' roads) tutor buffer, and notation � Indicating restricted paraan■nt fartYrs■ such as :mss';+. development ".Zr''r but loin a potential '`r'i: p r ism, ;; ;; tornahlp, oorporata and aura— r•: historic l ka, • ti Larrlsorlsl �` ``4 adjoining • :f{' planning g Lot Layout .0jJurisnietton tins, which f adjoining property i_ erase the Property owners end aubdirieione or :,,,,• •' location w end size of partsia dadicatad for public use or ee■eeeed � � in common •# location l0n end Oita of -lots of restricted development potential and ion on plat regarding mama +%+t: stormunter1amnegoment plan lndlearinq arevlmlen fcr -n.n-.,,' , C . OTHER SUBMITTAL REQUIREMENTS : 0941 1 . Twenty—six (25 ) 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 Letter from the Orange County Health Department certifying the proposed wastewater system for each Lot . �CS I , the applicant , hereby certify that the foregoing application 1s complete and accurate . I understand that a $210 .00 'fee ( subdivisions of 15 lots or less) or a 6370 .00 fee (subdivisions of 16 lots or more) is due at the time of application . A $5.00 per Lot fee is due at the time the final plat is presented for recordation . • PLICANT S SNATURE OWNER 'S . SIGNA R E / 77 ]AT 5 )>7 F ➢ 7 DAT FEES: Amoont 1(5'.D0 Date Paid ‘.7-0-07 Receipt 4- T O9 SUBDIVISION OF H. EDWARD WRIGHT PROPERTY 11/85 OB NGE COUNTY CERTIFICATION AND APPROVALS - PRELIMINARY PLAT STAFF ASSIGNMENT: Emily Crudup SKETCH PLAN: Received 9-25-86 Reviewed 10-1-86 PRELIMINARY PLAT: Received 5-8-87 Reviewed 5-13-87 REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE N/A CERTIFICATION SCHOOL BOARD ( Orange/Chapel Hi ! I -Carrboro) : DATE 5-28-87 CERTIFICATION N/A UTILITIES ( OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE Certification OTHER: Recreation Advisory Council M.A. Black 6-4-87 ( Date) Carrboro Fire Department ( Date) Chapel Hi l l (Courtesy Review) K. Maltbie 6-5-87 (Date) Carrboro _ ( Date) Hillsborough (Date) Durham ( Date) Other - Health T. Konsler 5-26-87 ( Date) - S & E W. Faircloth 6-4-87 ( Date) PLANNING BOARD: Date Approval Approval with Conditions Denial BOARD OF COMMISSIONERS: Date Approval Approval with Conditions Denial . i + P1OP ZT`( DF MO ' H \ 4. �PvU4C.17 V4014 NT �. \zookig: gue..41... E5 766 NNSHIP DUKE - POWER 3 CO. 04152 R/w 1' 1 7.1 AC. USt - - 1+. 1 13.8 AC. `•., \ SECTION 3 40 \\ `g ®7s88 29G v ,0832 2 ', \ 8-68 AC. SECTION 4 + s,a $s$672 1 I89AC. 1 14 a \1 SAC. • o \ s 17. 6 AC. ` 8411 1 \ 0 12.66 AC. j9242 1 1 - ._ — ._ — 5 AC. 1 + 09046 LETTE I A 8.09 AC. ` ~ MT. ROAD --- J STOREY-.- __ 1— \ �1 SEL:7ION 2 S.8 783 y 1 1 ^' 1 5 8557 7. 92 AC- 2 I 0.3619 Ci, 10 12 AC 0 73 ,o O_ .�=• 18 ���o - 17.3 AC.) 6 �" 11.77 AC / CC", -_.-a.. - . • 13.71 AC. \ (O Q,.+ "` ". 7.92 AC. \\ __ ..Aft w.8336 + I 7355 1 --. :0 -\ -a LX 1.4C' 7 t028 .".\\ .."--- \\ I;F .,, - . \ \ .._:_ ....,..._,:-f �1; 687. i -8 2.5 , CD \\ z 22 / / \, 8. 37 AC r ; ....t - � 1622 \a 1 4.4AC', _ CO 8709 1 ' +c---:144 AC \_s • 1776 5783 a 1 s 644_ a 1 \9 3656 421••o, 1 �+ 0-4 28 A 18 1 , / a ,8;578 13.23 AC. �� / 1534 4.14AC- 4.53AC• * 2564 IIA -1 \ - 3,0.15:- ,_'2.A -..I0C 4.04 • AC. t I SECTION 1 .c-�4T -. -40 7512 ' 4.0IAC. 2 3 +1 II."... z .o - / 1 - - DRIVE -� 1,-0014101121405W.. - ' - - — rt ► , T -- _ - `- s `1 1 ECTION ' 0 -® .6121 r.- 01069 �' 1 I°N N - 0_[ o \ f7 2A 6.22AC ( 10"26 AC. 563.81 AC �J 1 '..'w 19 ' . 4.59 AC. -1- \ --:":1'. - -- — ______ \ \ Boa • ORANGE COUNTY PLANNING DEPARTMENT O91 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 A10 'r a MEMORANDUM TO: Emily Crudup, Planner FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Stormwater Management Plan for Edward Wright Property DATE: June 3, 1987 This subdivision meets the Ordinance requirements by using large lots, limiting the amount of impervious surface that can be added to each lot, and retaining a buffer of vegetation around the perimeter of each lot to filter and absorb runoff . k>lio4114;4402/4 N ��� frangt QIauntII ecreatian anh parka Department --Jr,. )� 300 West Tryon Street a_ :...m- v' :� HILLSBOROUGH, N-C. 27278 Life.Be lid tt. Mary Anne Black, Director MEMORANDUM TO: Emily Crudup, Planning FROM: Mary Anne Black V7779'46 DATE: June 4, 1987 RE: Courtesy Review -- Edward Wright Subdivision Upon review of the preliminary plan for the H. Edward Wright Subdivision I see only one element warranting comment from a recreation and park perspective; namely, the property's location within the Joint Planning Area, thus requiring dedication of property for public recreation/park use. In that no such areas are designated within this property on the Land Use Plan I would recommend that the Commissioners accept payment-in-lieu of dedication. Thank you for the opportunity to provide these staff comments. I will present these to the Recreation and Parks Advisory Council at their next scheduled meeting on July 7, 1987 and will forward to you any additional comments or changes they may have. MAB/pbl O9 Presentation by Greg Szymik . The property is located in Eno Township off Piney Grove Church Road ( SR 1711 ) , south of U. S. 70 and adjacent to Interstate 85 . A minor subdivision approved earlier this year created lots 101 , 102-A and 102-B. The subdivider is proposing four new lots from lot 101 which has a total acreage of 10 .01 acres. The average lot size is approximately 2.5 acres. These lots will be served by a Class B private road. The property is zoned Residential -1/MTC. The land use plan designation is Rural Residential . All applicable agencies have reviewed and commented on the proposed subdivision. The Planning Staff recommends approval of the preliminary plan with the addition of a Type F ( 1001 ) Buffer along the southern property line adjacent to Interstate 85 . Jacobs inquired about restrictive covenants on the 10+ acre lots adjacent to this subdivision. Szymik responded this was not known . Pilkey asked if there were plans to bring Seven Springs Road through this property. Szymik responded there were no such plans at present but that land was being reserved on the plat for an easement if that should become a possibility. Jacobs noted that there were three 10.01 acre lots and as a matter of information, he felt it was important to know if there were restrictive covenants regarding future subdivision before final approval . MOTION: Best moved approval with the Staff condition regarding Type F buffer. Seconded by Eddleman. VOTE: 7 in favor. 1 abstained (Yuhasz - due to professional conflict of interest) . c. H. Edward Wright - Preliminary (Chapel Hill Township) Presentation by Greg Szymik. The property is located in Chapel Hill Township on the south side of Cheyenne Drive west of NC 86 . This tract is also part of Section 5 in Acres of New Hope. The property is zoned Rural Buffer, and designated as Rural Residential on the JPA Land Use ' Plan. a 6 The total acreage of the tract is 6.8 acres. The applicant has proposed to divide this tract into a served by Cheyenne Drive which has been identifie as a pre-existing public road. All appropriate agencies have reviewed and commented on the proposed subdivision. The Planning Staff recommends approval of the preliminary plan with the submission of payment- in lieu of dedication of recreation/open space for the amount of $334. MOTION: Best moved approval . Seconded by Yuhasz. VOTE: Unanimous . d. Stratford Green - Preliminary ( Hillsborough Township) Presentation by Eddie Kirk . The property is located in Hillsborough Township on Orange High School Road ( SR 1588) . There are 8 lots proposed on an 8.30 acre tract. The average lot size is 1 .04 acres. A private Class B road ( Victoria Dr. ) is proposed to serve the development. The property is zoned R-20 in the Town of Hillsborough ' s zoning Jurisdiction and designated Ten-Year Transition in the Orange County Land Use Plan. All applicable agencies have reviewed and commented on the application. The County Attorney questions the provision of private roads . A private road evaluation has been provided. The Planning Staff recommends approval . Pilkey asked how close were the nearest water and sewer lines. Pat Robinson, developer, responded there were water lines on Orange High Road but no sewer lines. Pilkey continued, asking why the developers were not being encouraged to use Hillsborough water supply. The developers responded that the Town of Hillsborough had water pressure problems in that area. Jacobs expressed concern with promoting orderly growth of the Town and noted that there are places where more intense development is appropriate and where water and sewer are or can be available. Discussion of R-20 zoning, 20, 000 square foot lots followed. Collins responded that the minimum lot size for wells and septic tanks is 40,000 square 101 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date July 6, 1987 Action a Item SUBJECT: QUAILVIEW SUBDIVISION - PRELIMINARY ACTION BY: August 11, 1987 DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk Checklist Preliminary Plat Certification Vicinity Map Agency Letters Preliminary Plan 6-15-87 Planning Board Minutes TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of the Preliminary Plan for Quailview Sub- division. BACKGROUND: The property is located in Chapel Hill Township on Bowden Road (SR 1946) . It is a 31. 66 acre tract with 14 lots proposed. The average lot size is 2 . 05 acres. The developer proposes a public road (Quailview Road) built to state standards. The property is zoned Rural Buffer and designated Rural Buffer and PW-II in the Joint Land Use Plan. All applicable agencies have reviewed the application. The Recreation Department is recommending pedestrian access from Quailview Road to the proposed greenway. Due to the steep slopes between the proposed Quailview Road and the creek, and accessibility to the greenway by-way-of SR 1946, the Planning Staff recommends against the provision of the pedestrian access easement. The Planning Board recommends approval subject to the following conditions: - The area indicated on the preliminary plan to be dedi- 10'4 cated to Orange County as recreation area be redrawn with a variable width so as to include all of the two islands shown on lots 104 and 106. - Access to all lots in the subdivision be limited to Quailview Drive. RECOMMENDATION: The Manager recommends approval of the preliminary plan as recommended by the Planning Board. PLEASE TYPE OR PRINT ( INK ONLY) 11/85 APPLICATTON FOR SUSLITVIITOft APPROVAL ORANGE COUNTY DATE: `/-22-.7 SUBDIVISION NAME: OA Jd _ LOCATION: `�,, _,_ /_.. / /� OWNER/DEVELOPER:. < f ADDRESS: ire ,rI1�! ,� :11 9)- TELEPHONE NO . : 9u2 - 51�2 AGENT/CONTACT: TELEPHONE ND . : 0 A . SUMMARY INFORMATION: Orange County Tax. Map Black Lot Is) Township C Zoning District(s) : J _ Total. Number of Acres : 5/.�� Phases : Tote L. Number of Lots: _ Average Lot Size : ..�� Minimum. Lot S1 ze Number/Type- of Structures.: (existing) (proposed) Linea L Feet in Streets: // ' . Acres in Open Space .7,2 Water Supply • Public specify) Communit ,/Wastewater- Gi spoea l:, p Y �_IJidi vi due L Lic(epecify) Community 4../ Indiyiduel. Soho° L District: Fi re Di stri ct: 01/4 ., General Land Uses in Area: ,,, CriticaL Areas : stream/dratnageways flood prone areas watershed(ap eel fy) historic sitars. atber(axpLain) S . ALL plats must- be submitted on sheet no sme L ler than one inch aqua Ls two— hundred feet (1 %200 ' 3 and. no Larger than one inch aqua Ls fi fty feet C "=50 ' ) and 'must contain the fa L Lowing information : 41 :'• subgi vision name ,-/ ,+ ::-'a aeon of owner(al by notation r.torats Linea - leck items nano, of surveyor, by outstl4a er typical Lot nor swglarrr. or •ter' Layout Land planner 'h:�` y at ampleted) '� :r existing and proposed esss- Itlrlel Pretininar, 0lan ;w¢;:•: w ace La, north. Mirth et . ?1+: wens* (drrinaga, os1 Lttirs. f•:•-' rosda,. exc.) top of wawl axlstin date (Including revision data.) fi ng r ghtsao end ': tareeblp, tot seo—blame—lot $i agjoleing rlgnts�*f�ar } references inc Leading alwrn*l4ae end 6a.eda described with r strews arras and state ~; swatters road - ' {. bearings sec di existing and 7;:i:.::'• total acreage of tb. treat = ill lit'es. o • end *corsage of Lott, 1ilcLadin lneluclnq g �;; type!. :lies. • end sac Lodi area sitetn 3c� c rtpbt*+ef�war hyaenas', release and .-' control corner / lea oil sting and proposed pat Uses alsh proposed culvert dlwenn'sea / >' inv Lodi ng sixes end g Lot nursers- typical street cross—sections �: 5:: ion dotal Ls phasing parr ^`•. moo i Rh •• phasingphr es tan foot (?g) .. 1noLoding dseign and ridtn i Ls ry of Crewelwar and shoulder* `� enter boot es. we, fLead V " boritontoL ■Ligneiss and f war and ?Undo lain■ �� x a' present deers oats lime lit ✓ - atraaw buffer* sad potation roads1 ',L'•. pereewent tastes rue Such as 'Indiaaring restricted yr:; •. : cars. } bulloings, asmrtarime, „s� ; patentia L f_ historic lanmeaaaS. township, esrporite end sxtre- y territorial ptenning adjoining lot layout . jurisdiction lines which asses of adjoining propsrtr ;:rye. Cress the prev•rtr ewrtsrs end subdivisions � n . Location and sits of parcels *agitated for public urs or rsaarr*g A4 E.'.';':: in cowman • Location and alts of loss •of J - _Q[•r notation on Spat regarding sera stud tleralapwrns p iaL and ••' : store aaear sanagewrnt vLas !ndicosiso ar,vlrlen +'� _ 10'4 OTHER SUBMITTAL REWJIREMENTS: 1 . Twenty—six (25) copies of the preliminary plat 2. Two full size copies of an Orange county Tax map (one parcels involved clearly marked) . copy with is 3. Where municipal or OWASA sewer is not available , a Letter from County Health Department certifying the proposed wastewater ys fo st Ore each Lot . tem r the app Li cant, hereby certify that the foregoing app Li cation accurate . I understand that a $210.30 fee ( subdivisions is ctso late less) sr a 2370 .00 fee (subdivisions of IS of 15 lots or lase] app Li cation . A $5.00 lots or more) is due at the time of ) resented for recordationper Lot fee is due at the time the final plat is glab Air / .PPLICANT '$ SIGNATURE �'✓J1 +. OWNER 'S SIGNATURE • . DATE FEES: Amount 3 pate Paid 7-/7-7 Receipt .297/ • 10 QUAILVIEW SUBDIVISION 11 /85 ORANGE COUNTY DERT I F I CATJ ON AND APPROVALS - PREL IM I NA$Y PLAT STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN: Received 3-9-87 Reviewed 3-11-87 PRELIMINARY PLAT: Received _ 4-22-87 Reviewed 4-�9-87 REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE CERTIFICATION SCHOOL BOARD ( Orange/Chapel Hill -Carrboro) : DATE CERTIFICATION UTILITIES ( OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE 4-13- 7 Certification Health Dept. OTHER: Recreation Advisory Council 5-26-87 ( Date) Carrboro Fire Department (Date) Chapel Hill ( Date) Carrboro 5-29-87 (Date) Hillsborough ( Date) Durham (Date) Other ( Date) (Date) PLANNING BOARD: Date Approval Approval with Conditions Denial BOARD OF COMMISSIONERS: Date _ Approval Approval with Conditions Denial 1 1 FU �- 1 E AC i I G,, _.4119/,P -/-,N. Los SEE 115-24 y �E �� \ \N PLO 147.5 AC. //ry \., 'S.216AI � I / Qutw I I I / ' I APPLI CANT: FORREST -EA-`-I ii , _. ZoNir.lw. R. B , 1 1 1 ,, I LUi P DESI CaNATION; RB (WATER. SUPPLY, FU • I WATERSNE.D '` 41 SCALE: 1'1 _ BOO' Q 4 I N C 3038 --_ _— � . 25 ,--'----- ra N. ■ 26.348 AC. ` 2 AC79e� !916 . A SEE MAP � 77\l 117C CREEK V /d � \- (CLYDE � BOWDE N / / .. PH. I) 11 ���N� X8151 0 LI L /-1 i i 4 :, ... 1 . 75.08 C- / /',__ - ......./_... / / 1 / / SEE MAP i „` 7424 - / ` / iGRAM"PIAN 1 / SEC.2) — 1 FU �8 l 1 s32 1 AC wiari. PH 3 I/ 1 _ , 1 /1/ ANN - ie Jy / LANE i , 478•-.4111111‘: AC j ee r/ 7 \ , * i 3 ri 2498 PH 2 �'� \ , r33 9 2.4 AC. . 1Ur May 29, 1987 Eddie Kirk Orange County Planning Department 306F Revere Road Hillsborough, NC 27278 RE: Quailview Subdivision Courtesy Review (per verbal request) Dear Eddie: In general , this subdivision would conform to the requirements for an R-40 residential zone if the property were located in the Town of Carrboro's jurisdiction. The maximum allowable impervious surface area would be 25% of the lot area exclusive of the designated buffer. Watershed Buffer requirements would apply to both streams indicated on the plans. Open space requirements would be 5% of the area of the subdivision. Carrboro would require pert tests from the County Health Department prior to approval of the subdivision if sanitary sewer hook-up were not available. If you have any questions, please call . Si erely, J /e Afiy Parer Development Coordinator AMP:sgm (§ranat Cauntu rirrrEattnn and parks € epnrtmtni ;:• - 300 West Tryon Street 4 • HILLSBOROUGH. N.0 27278 Life.Be lr it. Mary Anne Black, Director. MEMORANDUM TO: Eddie Kirk, Planning Department FROM: Mary Anne Black 7yy3 DATE: May 26, 1987 RE: Courtesy Review -- Quailview Subdivision Review of the preliminary plan warrants comment from a recreation and park perspective; namely, the subject's property's location within the Joint Planning Area requiring dedication of recreation/park space for public purpose. The area denoted "Recreation Area -- 0.72 Ac." is appropriate and of adequate size according to the subdivision ordinances. Two elements on the preliminary plan I would wish to see addressed are: 1. pedestrian access from the subdivision to the "recreation area" 2. in addition to the dedication of the denoted "recreation areas" the provision of a pedestrian easement on those areas marked in pink on the attached. As shown, the islands would be split public/private which would pose difficulties in managing the greenway. MAB/vrc Hillsborough, 732-9361 • Durham, 688-7333 • Chapel Hill, 968-4501 • Mebane, 227-2032 Area Code 919 ' - W:egi;_ q a , .i- '64- 7--• - <;', a 1\IN . -arr.-- - . 7'-.1 -, ..1 41-1 "--A-7,:,.-;-. - . , __ ,_ _*.• 2.9.•• .... .- ��— 1 _.+'- 1----t-7 r OF CREEK 15 ��� :;- �= x.. __ __ .__ ` 105 - ]Y^: \t"-.-_---;--: 104 2.01_Ac" : I_ py. era Ate-- ` \ \ °:W .' :.: aa; ___. .. ,---\ .� 2.02 Ac. :. ... 9 ., , i \ /X - _ •:fir\\(\sis,t.....ALE ) \ N 75• 00. 0 a'- _ 46.77 4.:m ■_-,„...--•:::::5_-__*, tl-n.,_,,_--\ RECREATION AREA �, _ 0.72 Ac. \ ;,lrg C∎3T; L _ - 106 _ _.. �3;5., Fr ' f x`30' =... - 2.04 A� / : CLYDE BOWDEN o - :{_ 1-7.'4,--■..: -..:-_. _, / ` - = .: 108 _"•/ lu�.o • - %.1.-ter --- PIIJ . , 471=1' i, / 2.02 'Ac . . I cr,CHART ,-_��: ��•:, MAXIMUM .� /m F ti -- . ',PERVIOUS SURFACE L -0. / 5279 SO. FT. N 92• 59 19 E ' 0!4 ' l 5593 SO. FT. 58 it '��^ in-.---,..•, — :::~ .. a. l 5279 SQ. FT. =1— 5253 SQ. FT. v 54• 3054.20 _ - _ ^ 5279 5Q. FT. , w_ N 5253 SQ. FT. v 87• 48' ir' S ~-"2:5A _ 50.70 'et 5331 50. FT. — _�. �..ra..k _:, „ - 5253 SQ. FT. /� - N 142' %--— 5, 34• _ _ ..._ -- _ 'De. ZS• c�.. • .9 a. -.s5 SO 5279 SQ. FT. 68.4E E 4 450 5253 SQ. FT. 6168 SQ. FT. 5253 SQ. FT. 5305 SO. FT. 5279 5Q. FT. ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD 1 h: HILLSBOROUGH, NORTH CAROLINA 2727$ AfP MEMORANDUM TO: Eddie Kirk, Planner FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Quaiiview Subdivision Stormwater Management Plan DATE: June 4, 1987 The plan for this subdivision meets the Ordinance requirements by using large lots, limiting the addition of impervious surfaces on each lot, retaining a buffer of vegetation around each lot to filter and absorb runoff, providing a stream buffer, and using grass swales along the new road. t (dl. F/. WJ ..•RA7� �Vp r � 4 li STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN June 3, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E.WELLS, P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Mr. Eddie Kirk Orange County Planning Department 3O6-b? Revere Road Hillsborough, NC 27278 Subject: Quailview Subdivision Off SR 1946 (Bowden Road) Dear Mr. Kirk: Please be advised the above referenced subdivision satisfies the minimum requirements for subdivision streets. The preliminary plan is therefore, approved. If there are any questions, please advise. Yours very truly, ..-7•K--7- J`. M. Mills .-'' DISTRICT ENGINEER JMM/SPI:jbh cc: Mr. Forrest T. Heath An Equal Opportunity/Affirmative Action Employer , . 1.' 4 DD1 T ' 7 feet. Best indicated he felt this was an ideal opportun- ity for higher density development and noted that knowledge of the Town of Hillsborough ' s future plans for extension of water and sewer lines would be extremely helpful in making such decisions . The developer responded that water was available but he indicated he felt the Town would like for him to be responsible for running the sewer lines to this project. He indicated that such an expense would not be economically feasible for him at this time. Pilkey asked if this area is in the annexation plan for Hillsborough. Collins responded that if it is not in the plan it is very close. MOTION: Pilkey moved to delay consideration of Stratford Green Preliminary Plan until the July 14 Long Range Planning meeting in order to get information from the Town of Hillsborough regarding water pressure problems in this particular area, the feasibility of extension of sewer to this particular area and annexation plans for the Town of Hillsborough . Seconded by Margison. VOTE: 7 in favor. 1 abstained (Yuhasz - due to professional confict of interest) . e. Quailview - Preliminary (Chapel Hill Township) Presentation by Eddie Kirk . The property is located in Chapel Hill Township on Bowden Road ( SR 1946) . It is a 31 .66 acre tract with 14 lots proposed. The average lot size is 2. 05 acres. The developer proposes a public road (Quailview Road) built to state standards. The property is zoned Rural Buffer and designated Rural Buffer and PW- II in the Joint Land Use Plan. All applicable agencies have reviewed the application. The Recreation Department is recommending pedestrian access from Quailview Road to the proposed greenway. Due to the steep slopes between the proposed Quailview Road and the creek, and accessibility to the greenway by-way-of SR 1946, the Planning Staff recommend against the provision of the pedestrian access easement. The Planning Staff recommends approval subject to the following condition: - In addition to the dedication of the denoted "recreation areas" the provision for a public pedestrian easement on those areas within the DaaEL 8 two islands that are in lots 104 and 106 . 4 1 Forrest Heath, developer, stated that the recrea- tion areas shown on the plat exceeds the ordinance requirement for recreation. Therefore, he did not agree with the condition for a public pedestrian easement. He noted there was only one island and this became an " island" only in rainy weather as the branches around the " island" were simply drainage ditches. Collins noted that if the land is taken out of the island, the two-acre minimum lot size requirement cannot be met. The only reason a pedestrian easement was recommended is that it would be dedicated as a public area without taking the land out of the lots and thus decrease the lot size. MOTION: Yuhasz moved approval subject to a substitute condition that the width of the recreation area be reduced sufficiently to allow all of the islands to be included within the appropriate area and that all lots access to the proposed public road. Seconded by Eddleman. VOTE: Unanimous . f . Gatemoore - Preliminary ( Hillsborough Township) Presentation by Eddie Kirk . Consideration of the Plan was continued until this meeting to permit development of a policy regarding certification of improvements. The proposed policy was recommended for approval by the Planning Board at its June 9, 1987 meeting. The Board of Commissioners will consider the policy at its June 16, 1987 meeting. The property is located in Hillsborough Township on the north side of Oakdale Drive ( SR 1133) . It is zoned R-15 in the Town of Hillsborough ' s jurisdiction. The owner is proposing public roads to be constructed to state standards. There are thirty-seven ( 37) lots proposed out of a 19 .82 acre tract. Each lot is 15,000 sq. ft. or larger. Hillsborough water and sewer is proposed for the tract. The Land Use Plan designation is 10 year transition for this area. A 1985 traffic count on Oakdale Drive indicated 1300 trips per day east of SR 1006 ( Orange Grove Road) . Using 9.51 trips per day per residence, an additional 352 trips per day would be generated on Oakdale Drive. All applicable agencies have 1 ORANGE C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date July 6, 1987 Actinnl nda Item # SUBJECT: GATEMOORE SUBDIVISION - PRELIMINARY ACTION BY: August 11, 1987 DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment(s) Informat on Contact: Eddie Kirk Application Vicinity Map Agency Letters Preliminary Plan (Plats distributed 5-18-87) 6-15-87 Planning Board Minutes Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of the Preliminary Plan for Gatemoore Subdivision. Consideration of the Plan was continued until this meeting to permit development of a policy regarding certification of improvements. The proposed policy was recommended for approval by the Planning Board at its June 9, 1987 meeting. The Board of Commissioners will consider the policy at its June 16, 1987 meeting. BACKGROUND: The property is located in Hillsborough Township on the north side of Oakdale Drive (SR 1133) . It is zoned R-15 in the Town of Hillsborough's jurisdiction. The owner is proposing public roads to be constructed to state standards. There are thirty-seven (37) lots proposed out of a 19.82 acre tract. Each lot is 15,000 sq. ft. or larger. Hillsborough water and sewer is proposed for the tract. The Land Use Plan designation is 10 year transition for this area. A 1985 traffic count on Oakdale Drive indicated 1300 trips per day east of SR 1006 (Orange Grove Road) . Using 9.51 AIMEE trips per day per residence, an additional 352 trips per day would be generated on Oakdale Drive. All applicable agencies have reviewed and commented on the application. The Planning Board recommends approval of the subdivision with the following conditions: 1. Water and sewer must be available to the site. 2. Utilities be placed underground consistent with Section 5. 14 and 5. 15 of the Zoning Ordinance. 3 . Maintenance of the sewer pump station to be as required by the Town of Hillsborough. 4. A voluntary annexation petition is to be filed with the Town of Hillsborough. 5. The Final Plat be sent to the Hillsborough Planning Board for their review. 6. A chain link fence be erected around the Wet Pond for safety of youngsters. 7. The Common Area/Stream Buffer be designated as a lot with size on survey and this area be the responsibility of a Homeowner's Association especially for maintenance purposes. 8. Construct a 12 'x150 ' right turn taper in Phase I on SR 1133, Oakdale Drive. 9. Construct a left turn lane on SR 1133, Oakdale Drive, for Phase 1. RECOMMENDATION: The Manager recommends approval of the preliminary plan as recommended by the Planning Board; provided, however, condition # 7 should be reworded to read as follows: 7. The Common Area/Stream Buffer, including the Wet Pond and surrounding fence, shall be designated as a lot on the final subdivision plat. The area of the lot shall be indicated, and provision shall be made for the maintenance of the tract and facilities located thereon through an approved homeowners association as required by Section V of the Subdivision Regulations. PLEASE TYPE OR PRINT ( INK ONLY) I 1 t 11/S5 APP T d~TO R rCY V - A DROV ORANGE COUNTY DATE: 9 izcr 10G- SUBDIVISION NAME: GAlE.MQ7F£- LOCATION: , 04413"f- 772IV> • OWN ER/D EVELDP ER :. WAZR, •&ATE-5 ADDRESS:: t3ow uc,►t • TELEPHONE NO. : AGENT/CONTACT: =NT- L-c4,4 6Lieve S, �4- TELF.PHaNE. Na . : -732-{6262.- A . SUMMARY INFORMATION: Orange County Tax Mep 44 _ Block Zoning Districtls] R- S Lott') 1,2-.Z Township 4' Total Number of Acres: 9. _z _i__ ______________.Number of Lots: Average Let Size o. Minimum Let Numb er/Typa- cf• Structures.: (sal sting) Non4L' ` Minimum )S Si za �a Lineal Feet in Streets :. 3aoo ' _Ipropoasd75,�h1� �,om11y Water Supply. iusg�,couFr+ Acres in Osamu Space • Wawa Suer Di spans ` ,b11cispecify7 Community Pub LicIspoolfy) . ..Community Individual Scholl 1 Distri et: y �.Ind1 vi due L General Land Uses: in Area: UJV. .• Fi re D i st ri Gt Critical Aresa:• streem/dreinagesays flood. watershed( speci fp] prune areas otheri asp Lai n7 historic sites. 3 . All plats must be subei ttad on sheet no aura L Ler then one inch aqua Ls two— hundred fast ' 1 11 •=200 and. no larger then one inch aqua is fifty feet f 1 &=512 i i and must contain the fa l Lowing information : M,„,..0 MOM rifles ware noon of ererrltll � _ bowl Wing aesaaet lines• SIC items news- Of ewrterrr. engineer or b datatlen or 'poise I, let - Tpleted) land pt tryout .r. `. . (title) Pretininar7 Plea +�"� •enta existing end vropaoed mom. ,� , sea to, wsrte arras Lao PTO at vim{ emote tert.n■ •. O ut7l7t7rs. tae of see) reads. Iii.) .. tlate l7ne Lodi ng reel also autos _ existing. Proposed end , ''� `• se uses I0• tax rue—bLaat+tat Including rygnte+•r*1 na • Iatarvwsas y Including d7sewalvn■ and beeMary aaaer70ad With wises noose and etas• echo s bearings end dl stamens vl &wooers � *dial aara .• azistlwQ and age of tee tree! utilities. preening :.t: One serve., of lots. inn lading tiros. sizes. 7helee7wg and rselading arse witatd r+gAsa+aftimr hie rents. seLvsw end • aentro L prover f ,.'. rrnao lea • 4 eroearetl Let lines 51 t ez7ating and 0r d as Leers • dinenolone lealydlaQ sites - awn preens "• Let l tyeiael street crosarrectirna _e_ POW op Linea eel 7 Ten deist►a 1 • .:K' teesgraeny as tan feet 110) ����,.. installing tlwe7¢d and width tdterirs/a , �?r of tree■lerT sea snow tem .� sense birdie*. ,srvars. flamer `.1 f9 heripont'1 ■llg and say sad noose Leine perera t eer,I area Inlet Lie • atraea buffers r ' 3 end hatat1ed - • ireieating reetri weed Parrenrnt f••••pee such as davaleasent p lilt �: bbl Wings. aerate riles. , • `' tcewewtp• esnor,e■ ell'tort c lanenorua. tom end sates— t/:•••:-:: - tarirl plamninQ adjoining Las l • Jurisdiction liana neigh &see• Of ■dJeinlnq prsp•rsr r ry eras• ids property oenars sea auadlvisions .....,; location and site of p•rdaLs dedlasted for pub lie usa •r rseervotl IA:: I leartuen and ,7 Pa of lets ;::- ; natation en plat re of restricted sev•l •- .... . •". ---Q�rainq lease p isl One 1-1 i . CTNER SUBMITTAL REQUIREMENTS : 1 . Twenty--six (28 ) copies of the preliminary plat 2. Toro - full size copies of an Orange County Tax ma parcels involved clearly marked) . p (one copy with tax 3. Where municipal or OWASA serer is not avei Lab Le . County Health Department- certifying • a latter from the Orange each Lat. Proposed wastewater system for the applicant, hereby certify that the faregoirt. . �curete . I understand that a t21O.OQ fee foregoing applicatiarr is comp r a =39Q.00 fee (subdivisions of 21 lots or morel of 15 pieta and r a S37ioer . morel 1s due at lots or lass) A $5.DO per Lat- fee is due at the time the time of raeanted for recordation . the fine • • • • plat is =¢LICANT rS SIGNATURE 4.11 �i! /: OWNER 'S SIGNATURE .TE - a DATE . • • • i FEES: Amcnnt � ��_ Date Paid ,`2� `� Rectlpt ��� __________. _____.„______. ... . . . _ . : • . . . _ GATEMOORE ]. t 11 /85 ORANGE COUNTY M Y STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN: Received 9-24'86 9-24-86 Reviewed PRELIMINARY PLAT: Received 9-26-86 10-1-86 Reviewed REVISED PRELIMINARY PLAT: Received 4-6.87 4_8_8 11-7-86 Reviewed 7 4`8-8 NCDOT: DATE ; 4-, ,-R CERTIFICATION A royal with conditions (see attached lette SCHOOL BOARD ( Orange/Chapel HiII -Carrboro) : DATE 12-5-86 CERTIFICATION N/A UTILITIES ( OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE 5-7-876 Certification see attached Jett OTHER: Recreation Advisory Council Carrboro Fire Department ( Date) Chapel Hill (Date) Carrboro ( Date) Hillsborough 12- -86 ( Date) Durham Other (Date) ( Date) (Date) PLANNING BOARD: Date Approval Approval with Conditions Denial BOARD OF COMMISSIONERS: Date Approval Approval with Conditions �-_ Denial ORANGE COUNTY PLANNING DEPARTMENT 1! 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 r'a11 - M E M O R A N D U M TO: ORANGE COUNTY PLANNING BOARD FROM: EDDIE KIRK DATE: MAY 11 , 1987 SUBJECT: PLANNING STAFF ' S COMMENTS TO AGENCY ' S RECOMMENDATIONS ON GATEMOORE Town of Hillsborough P s 1 . Water and sewer must This condition is added as a be available to the recommendation. site. 2. Department of Trans- This condition is not portation final necessary to add as recom- approval is needed mendation since this is a in conformance with requirement before final the 11 -7-86 letter. Planning Board approval anyway. 3. Approval of Orange This condition has been County 's Soil and addressed. ( See plat and Erosion Control April 22, 1987 memo. ) Officer es to the treatment of the intermittent stream, 1/2" runoff , and other requirements, 4. Utilities be placed This condition is added as a underground consistent recommendation. ,v4th_ Section 5. 14 and 5. 15 of the Zoning Ordinance. 5 . Maintenance of the This condition is added as a sewer pump station to recommendation. be as required by the Town of Hillsborough . 12t PAGE 2 6. Sites that are This condition was amended unbuildable because of ( See May 7 , 1987 Town of topographical and/or Hillsborough comments) . intermittent streams be used for common recreation area. 7. A voluntary annexation This condition is added as a petition is to be filed recommendation. with the Town of Hillsborough . 8. The Final Plat be sent This condition is added as a to the Hillsborough recommendation. Planning Board for their review. 9 . A chain link fence be This condition is added as a erected around the Wet recommendation. Pond for safety of youngsters. 10 : The Common Area/Stream This condition is added as a Buffer be designated as recommendation. a lot with size on survey and this area be the responsibility of a Homeowner' s Association especially for maintenance purposes. 11 . A copy of the NCDOT This condition has been letter of recommends- addressed. Lions for Oakdale Dr. be forwarded to the Hillsborough Planning Office. Jdorth Carolina Department of Transportation 1 . Ten ( 10) feet of This condition has been additional right-of- addressed. ( See plat) way dedication on SR 1133, Oakdale Dr. 2. Construct a 12 'x150 ' This condition is added as a right turn taper in recommendation. Phase I on SR 1133, Oakdale Drive. 3. Construct a left turn This condition is added as a lane on SR 1133, recommendation. Oakdale Drive, for Phase 2. i� -649` 3 54 AC. ::303 1 B I • \ \ 39 i // 7.H AC. / 8058 / / 0 6 c _ • 9. / 5049 AC. / - 121 3C 4C / /s.oc�.v S rircL •7848 i 5.5 i 1 3 D .4570 A ! 7 AC• SEE :_._--:_:,- P2 . f (FLINID,y SE )6g _ ._ _ ! rI I � . _ ; ! I . OR. 1 . 1-l` Lt 3 MAP 43 �W .; , CATEMOORE I I Applicant: WARREN GATES 7 14..I0C I I Zoning : R-15 Town of Hil 5G3 831A C. i 1 • Isborough • II LUP Designation: lOyr. Transition II Scale: 1 400 ' 4 1 N • I 1 • JEFFERSON RD • DOT 0720 i ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 124 wv '.�av MEMORANDUM TO: Eddie Kirk, Planner FROM: Warren Faircloth, Erosion Control Officer SUBJECT: Gatemore Subdivision DATE: April 22, 1987 Because the lots in this subdivision are less than 20, 000 square feet, a "wet" detention pond is necessary to control stormwater runoff . The pond acts as a trap for pollutants, and the biological activity breaks them down . The stormwater management plan proposes to to construct a pond in the northeast corner of the subdivision and divert runoff to it. This proposal meets the Ordinance requirements. Before final approval of the subdivision is given detailed plans of pond and diversion must be provided. . t A i.' U 0..� I 4 Inar, Pettis r.r.-1-'• Strout, Limited R."LAnsultir� Engineers ����% ..1'.7.17' sa01 W.&EssOow�r1�,,, Road f1� �s: •7rr : .. ei OWO,MRrih 6s{ohni V7407 �� o�� ,..c.,•4. :�: September 4, !)86 4..:,:., Mr. 1.•Har Hughes? 3r. ding , 1- `' 'Town Administrator . �_ _ ; Town of Hillsborough . •' P.O. box 429• .er • , 3J�apra h, NC 27278 r. ��:� Re: Approval of Gatemaore Properties : . . Hillsborough, NC i. `/v+L- -, Dear Mr. Hughes: ice. ,, . S � ' ..... �� have completed stud , ;. ted our of the • Gatemoore properties. y availability of waxer and , , service to the �v .• From the conclusions in our" service ask mbar 4, 1986 letter toesparnuag pw�,<laie. t-.';i:',.! + n water isay. 14,-1..-t7.1. the Gatemoorc properties. the basis of our review of sewer service to the Ga the topography for the area involved, '�`` ', a:-;'f+� and force main. temaorr properties will require construction of providing k ' • , ,'"_ The pump station and force main w ' :-.ti• litre would discharge to . - >...rte on Cheshire Drive. Flow from Cheshire Drive w 8-inch gravity „ 8e pumping station. In addition would be by gravity to the main . , ' :40:7-;+mProvernent, the developer will addition be to the capital expanses associa�ed with this R "-`P;rpetwl maintenance of the required to make a contribution towards the "' y , pump station in an . #4. proposed pumping stations are available.amount to be determined star , ,„ ,,1 '. { Now that the Question concerning • y • deceased, the plans and sperifications fr availability prowater t and sewer has been - . J , ... Aar review. ��; .. should be •, = you bare questions this letter, please feel :, :1. > . "r�(.w'..','r P eel fT+Ce Gall R4�• Sincerely, 4`, :.: - Alison . . .;.Ri Assistant Project .- , - "far :.:.• • 70417-71(1.270‘ • ;��,2.:f0-...7‘.:41...•., Raymond D. Hamilton, P.E. - :q,,� •. r+K;' _ M/bc Director of ineering, + ro �,- ..-. ,.r it r I 0 4 44 . ENT Surveys, Inc. '`•.� •Lam- ,is .7.,„,... .FPS ' <• • -. .A' , 1. sieve nd,OH T ado,OH _.., Grensboro, NC Ttun �flifillishoratt# Mayor Frank H. Sheffield, Jr. Town Clerk HII,L5BOROUGFI, NORTH CAROLINA ��� Agatha Johnson Commissioners Supt. Water W Myron L. Martin °r'� Horace H. Johnson • James Pend ph Allen A. Lloyd wr■•,a • Strut Shpt. Remus J. Smith � L.D. Wagoner Rachel H. Stevens ;1,11;47. Ch' o Police Arnold W '#4 • r John Forest ue. ' /ol a♦ RECO I ' `DATION GATEMORE MAJOR SUBDIVISION The proposed Gatemore Major Subdivision (tax map 44.A. 1, 2, 3) currently consists of 44 lots at 15, 000 square feet each. The property is zoned R-15. There are 4 new public proposed. The property has the potential to beserved by water and sewer service from the Town of Hillsborough but reviews and several approvals are necessary before that could be accomplished. The following is the recommendation from the Planning Board and Planning Director on the Gatemore Subdivision. 1. Water and sewer service must be available to the site. The Town of Hillsborough will not commit to providing this service until the following has transpired: -•• Plans submitted by the developer to our Town Engineer, Ray Hamilton. The plans would have to meet with his approval, his recommendations would be reviewed and need to obtain favorable approval from the Town Board, then the State of North Carolina would have to act favorably on the plans. - The developer would have to execute their water and sewer extension in conformance to any standards set by the above parties , execute the necessary documents and pay the Town Engineer a fee. (See letter from Engineer of 9/4/86 for possible requirements) . 2. Department of Transportation final approval is needed in•conformance with the 11/7/86 letter. 3. Approval of Orange County's Soil and Erosion Control Officer as to the treatment of the intermittent stream,,k7 runoff, and other requirements. .4. Utilities be placed underground consistent with Section 5. 14 and 5. 15 of the Zoning Ordinance. 5. Maintenance of the sewer Town of Hillsboro h, pump station to be as required by the Developer will be requited to pay a perpetual maintenance fee to cover the costs of maintenance and operation', execute documents and other requirements as may be set by the Town Boa--d 1 Ji: M MrtuL1 iili5bur i Frank H. Sheffield, Jr. Town Clerk HILLSBOROUGH, NORTH CAROLINA 2727$ ' Johnson Commissioners Supt. water Works Myron L. Martin James Pendcrgraph Horace H. Johnson Street Supt. Allen A. Lloyd • • 'IDS rir L.D. Wagoner Remus J. Smith �►, Rachel H. Stevens 'e'l Arnold C of Police Fe W. Hamlett Fire Chief a ?+-4, John Forrest • iI.i sa 11111ftla Gatemore Recommendation, Page 2 6. Sites that are unbuildable because of topographical and/or intermittent streams be used for common recreation area. _. ,.•. 7. A voluntary annexation petition is to be. filed with. the Town of Hillsborough. 8. The Planning Board would .like to review the -Final Plat as it foresees that many changes will be shown on the survey. The Town of Hillsborough recommends approval of this Preliminary Plan for the Gatemore Major Subdivision contingent on the above requirements and recommendations. " -y • = t e `i s.oroug. March 6, 1987 . Gatemoore Preliminary Plan which shows 137 lots .plus lawCommlon revised Stream Buffer.The general comments by the Board showed a more favorable attitude toward this plan. The recommendations of the March 7th meeting (above) stand with the exception of #6. Additional recommendations are: 9. .A chain link fence be erected around the Wet Pond for safety y of youngsters. 10. The Common Area/Stream Buffer be designated as a lot with size on survey and this area be the responsiblity of a Homeowner' s Association especially for maintenance purposes. 11. A Dr.copy of the N.C.D...T. letter of recommendations for be forwarded to the Hillsborough Planning Office. Oakdale p Approval of the Gatemopre Preliminary Plan based on the above recommends tions received unanimous approval by the Hillsborough Planning Board. May 8, 1987 Janet V. Rigsbee Planning Director 0 sC~�4r):z� 12 v.- STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G.MARTIN May 12, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON SECRETARY GEORGE E.WELLS, P.E. STATE HIGHWAY ADMINISTRATOR Orange County Mr. Eddie Kirk Orange County Planning Department 306-F Revere Road Hillsborough, NC 27278 Subject.: Revised Preliminary Plan For Gatemoore Subdivision Off SR 1133 (Oakdale Drive) Dear Mr. Kirk: Please be advised that the. above referenced preliminary plan is approved in accordance with recommendations in a letter dated November 7, 198,6. One exception follows: 1. The cul-de-sac on Rhonda Road is now shown at Lots 15 and 16. This cul-de-sac is to be temporary with radius reverting back to property owners (see enclosure). This recommendation shall replace "i/3" in the November. 7, 1986 , letter. If there are any questions, do not hesitate to contact this office. Yours very truly, / J M. Mills 1 ‘,._....//DISTRICT ENGINEER JMM/SPI:j bh Enclosure An Eoual Opportunity/Affirmative AVior, Emolnve• _yen ry - TErWfRARV 6RAv5S Ca,.p r Hal -I\\ 1 E-•La` 4 I 20• rrPE.4 ✓FF i F . i 60 / . . C r «., w 622.52 I ;•s., • � ,. �� � po+rd i,,��� sex .....:/ -860 ._ .. �fo :� p � y // oo O \�g r:yam. i.3. 0 ,,0 n OP ,... , ,..4,_.,, _D. - / /e0 60 ac, '�° 90 /.•t- 50x30 ; ;;` +� /:/.� ,P r• =tip. ' 0 . / i• k/',,,--Al x31� =`v , ',../7°.° . 7,... . . . 0. c tZ;, ./....(11/15:1: ( __. __..,--, . _ , ,,._„.......• ..„. •.,. 4. ,„, ...,_.„ ,„ • ■ 0 on � - 11.1' to K.... 0 . „............„.7 ( . r 00 . -�$1,4". 0 o no 0 i3 \ •�rL Si. t C)____,,/$) 1FD c2 SD 411. ,.p i0 165 _ - r o 07- 0 ii: / 4,,:, - _ , .:e40 VI .., ,:-.._,,„.-,;-0. SO C.::)0 ei. Asa �-°`a - ; g43_ ti Or I.. ,.. ... 4„. ..... /fr,„ 0 tt '',..4..._ ■ r •••to 7 t'l° 4: . 1 .. •,_ _. , /r . \ tc- op so { ` ..)14.C5 So I t Za .-.. • 1 . ic_._. "----------""4 I ,, I\ .1,1--r.:-;•-472::: - 1 fa [L 1 r.-;- %1 1. t STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN November 7 1986 GOVERNOR DIVISION OF HIGHWAYS JAMES E. HARRINGTON SECRETARY GEORGE E.WELLS. P.E. STATE HIGHWAY ADMINISTRATOR Orange County Mr. Eddie Kirk Orange County Planning Department 106 East Margaret Lane Hillsborough, NC 27278 Subject.: Preliminary Plan - GateMoore Subdivision Off SR 1133, Oakdale Drive • Dear Mr. Kirk: We have offer the following rev recoommendationspreliminary plan for the above subdivision and 1. Ten ( 10) feet of additional right of way dedication on SR 1133, Oakdale Drive. 2. Construct- a 12' x 150' right turn taper in Phase A on SR 1I33, Oakdale Drive. 3. Construct a cul-de-sac. on Rhonda Road at Lots 1 ] and 12. 4. Construct a left turn lane on SR 1133, Oakdale Drive, for Phase B. • Final approval will be apart. of the approved construction plan. If there are any questions, please advise. Yours very truly, j M. Mills ISTRICT ENGINEER .MM/JBH:jbh cc: Ms. Gwen Torain An Equal Opoortunity/Affirmative Action Employer 1v _2 z Srwtf�� (Et 14 5,:;- lorgi STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G.MARTIN April 8, 1987 GOVERNOR DIVISION OF HIGHWAYS JAMES E. HARRINGTON . SECRETARY GEORGE E.WELLS, P.E. STATE HIGHWAY ADMINISTRATOR Mr. Eddie Kirk Orange County Planning Department 106 East Margaret Lane Hillsborough, NC 27278 Subject: Gatemooxe Subdivision Off SR 1133 (Oakdale Drive) Dear Mr. Kirk: This is to advise that the sight distance on the subject development is adequate. Please let me know if this subdivision may be taken over by the State for maintenance as additional information will be re- quired. If there are any questions, please advise. Yours very truly, .1 M. Mills ISTRICT ENGINEER JMM/SPI:jbh An Equal Opoonumty/Affirmative Action Employer GI M Q V 13 8 two islands that are in lots 104 and 106 . Forrest Heath, developer, stated that the recrea- tion areas shown on the plat exceeds the ordinance requirement for recreation. Therefore, he did not agree with the condition for a public pedestrian easement. He noted there was only one island and this became an " island" only in rainy weather as the branches around the " island" were simply drainage ditches . Collins noted that if the land is taken out of the island, the two-acre minimum lot size requirement cannot be met. The only reason a pedestrian easement was recommended is that it would be dedicated as a public area without taking the land out of the lots and thus decrease the lot size. MOTION : Yuhasz moved approval subject to a substitute condition that the width of the recreation area be reduced sufficiently to allow all of the islands to be included within the appropriate area and that all lots access to the proposed public road. Seconded by Eddleman. VOTE: Unanimous. ,) f . Gatemoore - Preliminary ( Hillsborough Township) Presentation by Eddie Kirk . Consideration of the Plan was continued until this meeting to permit development of a policy regarding certification of improvements. The proposed policy was recommended for approval by the Planning Board at its June 9, 1987 meeting. The Board of Commissioners will consider the policy at its June 16, 1987 meeting. The property is located in Hillsborough Township on the north side of Oakdale Drive ( SR 1133) . It is zoned R-15 in the Town of Hillsborough ' s jurisdiction. The owner is proposing public roads to be constructed to state standards. There are thirty-seven ( 37) lots proposed out of a 19 .82 acre tract. Each lot is 15,000 sq. ft. or larger. Hillsborough water and sewer is proposed for the tract. The Land Use Plan designation is 10 year transition for this area. A 1985 traffic count on Oakdale Drive indicated 1300 trips per day east of SR 1006 ( Orange Grove Road) . Using 9.51 trips per day per residence, an additional 352 trips per day would be generated on Oakdale Drive. All applicable agencies have 3 9 131 reviewed and commented on the application. The Planning Staff recommends approval of the subdivision with the following conditions : 1 . Water and sewer must be available to the site. 2. Utilities be placed underground consistent with Section 5 . 14 and 5 . 15 of the Zoning Ordinance. 3. Maintenance of the sewer pump station to be as required by the Town of Hillsborough . 4 . A voluntary annexation petition is to be filed with the Town of Hillsborough . 5 . The Final Plat be sent to the Hillsborough Planning Board for their review. 6 . A chain link fence be erected around the Wet Pond for safety of youngsters. 7 . The Common Area/Stream Buffer be designated as a lot with size on survey and this area be the responsibility of a Homeowner ' s Association especially for maintenance purposes. 8 . Construct a 121x1501 right turn taper in Phase I on SR 1133, Oakdale Drive. 9 . Construct a left turn lane on SR 1133, Oakdale Drive, for Phase 2. To adhere to time limits in the Subdivision Ordinance the Planning Board must act on this by June 26, 1987 . Pilkey indicated that the Hillsborough Town Board will be reviewing their certification policy at their meeting tonight. Warren Gates, developer, stated he preferred that the Planning Board consider this subdivision as any policy changes or conditions would be adhered to by him. Jacobs reminded the Board members of the reason for previous delay of this subdivision request having to do with policy regarding certification of improvements . Collins informed the Board that at the Board of Commissioners meeting on June 16 the policy change is on the agenda. Following that policy decision, there is another subdivision which is in the same situation (McAdams Estates) . If the Board does not approve the policy, they will not consider McAdams Estates. Gatemoore will be in the same position if D ° 134 a C the Planning Board approves the preliminary and sends it forward to the Commissioners. Jacobs reminded the Board that Fritz Brunnsen, representing the developer, had indicated at the meeting on May 18, that the developer would be agreeable to constructing the left turn lane in phase I if the Board so desired. MOTION: Eddleman moved approval with conditions #1 -8, making condition #9 applicable to Phase I . Seconded by Pilkey. VOTE: 5 in favor. 2 opposed ( Best - voting consistently, until policy is set regarding certifications ; Jacobs - voting no due to not being covered under a policy) 1 abstained (Yuhasz - due to professional conflict of interest) . Jacobs asked why underground utilities are not required for all phase developments. Yuhasz responded that underground utilities are a requirement of the Hillsborough Zoning Ordinance and not the Orange County Zoning Ordinance. Collins indicated that underground utilities are a specific standard for planned develop- ments only . Yuhasz asked if public water and sewer can be required if Health Department approval for wells and septic tanks has already been given. Collins responded that a larger issue is whether or not the County enforces the provider ' s water/sewer policy. g. Archie M. Graham, Jr. - Final (Cheeks Township) Presentation by Greg Szymik . The property in question is located in Cheeks Township on the east side of Efland-Cedar Grove Road ( SR 1004) . There is one ( 1 ) new lot proposed ; the lot size is 3 .6786 acres. The zoning designation is Rural Residential ( R- 1 ) with the overlay district of Upper Eno Protected Watershed (PW- II ) . The Land Use Plan designation is Rural Residential and Upper Eno Water Supply Watershed. All applicable agencies have reviewed and commented on the proposal . On April 27 , 1987 , the Planning Board recommended approval of the subdivision subject to the applicant indi eating the lot size excluding right-of-way and provision of a landscape plan demonstrating compliance with Section IV-B- 8. On May 19, 1987 , the Board of Commissioners approved the subdivision as recommended by the Planning Board . The applicant, in submitting the Final Plat, has addressed those O R A N G E C O U N T Y BOARD OF COMMISSIONERS 1. 3t! ACTION AGENDA ITEM ABSTRACT Meeting Date July 6, _19$7 Action tpfda SUBJECT: ZONING ORDINANCE AMENDMENT - ARTICLE 5 . 1 . 1 Item ( Schedule for Residential Developments) DEPARTMENT: PLANNING PUBLIC HEARING Yes X_No ATTACHMENT( S): INFORMATION CONTACT: Greg Szymik Existing Ordinance Provisions-Article 5 . 1 . 1 Proposed Revision to Article 5 . 1 . 1 Draft 6-1 -87 Public Hearing Minutes Telephone Numbers • Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of proposed amendments to Article 5 . 1 . 1 of the Zoning Ordinance. BACKGROUND: Article 5 . 1 . 1 of the Zoning Ordinance contains the minimum gross land area and building height requirements, and the required minimum land use intensity ratios for floor area, open space, liveability space and recreation space in Planned Developments. The Article currently does not contain minimum required recreation space ratios for Planned Development - Mobile Home Parks. It also does not contain land use intensity ratios for Planned Development - Mobile Home Parks in R5 , R8 and R13 zoning districts . The proposed amendment will correct these deficiencies by adding minimum required recreation space ratios for RB, AR, R1 , R2, R3 and R4 zoning districts. Furthermore, minimum gross land area, building height and land use intensity ratios will be added for R5, R8 and R13 districts. A public hearing on the proposed amendment was held on June 1 , 1987 . No comments were received on the proposal . The Planning Board met on June 15, 1987 to make its recom- mendation on the proposal . The Planning Board recommends approval of the proposed amendments. RECOMMENDATION: The Manager recommends approval of the ordinance amendment as recommended by the Planning Board with the additional recommendation that the effective date of the amendment be July 6, 1987 . 13q PROPOSED ORDINANCE AMENDMENT ORDINANCE: Zoning Ordinance REFERENCE: 5. 1 . 1 Schedule for Residential Developments ORIGIN OF AMENDMENT: r _Staff Planning Board BOCC Pubic Other: STAFF PRIORITY RECOMMENDATION: Highx`Mlddle Low EXPECTED PUBLIC HEARING DATE: May 25, 1987 PURPOSE OF AMENDMENT: To revise Article 5. 1 . 1 of the Zoning Ordinance by adding Required Minimum Recreation Space Ratios for . PD-MHP. . IMPACTS/ ISSUES: Article 5. 1 . 1 contains the required minimum ratios for Planned Developments. The Article as it presently exists does not contain minimum required recreation space ratios for Planned Development-Mobile Home Parks. This raises the question of whether recreation space can be required for mobile home parks when no minimum is specified. 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N NNN 0 00 0 0 00- 0 00 -. 0 1 1 1 ❑ 1 1 1 to 1 1 t 0 I I -1 0 0 1 1 1 II I I I I 1 1 1 0 1 1 I _W W w wrw ♦ • • • • • • • \ • • acs? NN-N-r- 0000 000- CD 00 4' 0 N 4y en 0 COCO pOCp aaaa aaCr - N NN •-+ r a V L.4 = 4 0. s r -rr .,,'i �r,3 -n i �'.4Y r �+ 1 r. r+ r. R e•. .�er Z C Cs, p oa6 3666 3666 go66 po66 p6oa 000 . pc6E peep Sao 'z z ... ...i 0.0.6 44 0. 40.4 444 444 .40. 0. 4 r 0.0. r 44 p4 4 p 44 p p4 4 11 0 CA m C C N r+n C!` +.f7 re) N re's t 5 — C r-1 CG C CC CC = = = = C>* � Z V W a• 0 0 W CC Ce] C4 a 10I 1SIO ONINOZ a a 5-2 13,-r E@LJLLfl7Homeow ner s Associat�an. .. VOTE: Unanimous. 4 . ZONING TEXT AMENDMENTS a. Article 5. 1. 1 - Schedule for Residential Development Marvin Collins made the Staff presentation. Article 5. 1. 1 of the Zoning Ordinance contains the minimum gross land area and building height requirements, and the required minimum land use intensity ratios for floor area, open space, liveability space and recreation space in PlannedDevelopments. The Article currently does not contain minimum required recreation space ratios for Planned Development - Mobile Home Parks. It also does not contain land use intensity ratios for Planned Development - Mobile Home Parks in R5, R8 and R13 zoning districts. The proposed amendment will correct these deficiencies by adding minimum required recreation space ratios for RB, AR, R1, R2 , R3 and R4 zoning districts. Furthermore, minimum gross land area, building height and land use intensity ratios will be added for R5, R8 and R13 districts. The Planning Staff recommends approval of the proposed amendments. The Planning Board will prepare a recommendation on the proposed amendment at its June 15, 1987 meeting. The Board of Commissioners will consider the proposal for decision on July 6, 1987 . There were no questions or comments. MOTION:_ Marshall moved, seconded by Carey, to refer the amendment of Article 5. 1.1 of the Zoning Ordinance to the Planning Board for recommendation to the Board of Commissioners on July 6, 1987 . VOTE: -Unanimous. b. Article 2.3 .5 - Board of Adjustment Administration Staff presentation by Marvin Collins. Procedures for public notification for amendments to various County ordinances vary from ordinance to ordinance. To reduce confusion by the general public and to insure consistency, the public notification procedures have been reviewed to identify inconsistencies. The proposed amendment to Article 2 . 3 . 3 would require that property for which a Class B Special Use Permit or variance has been requested must be posted at least ten (10) days prior to the public hearing date. The amendment would provide uniformity � ��• ti) El n CF 23 General Standards 8.2.2 MOTION: Pilkey moved positive finding on Standard #1 . Seconded by Kramer. VOTE: Unanimous. MOTION : Kramer moved positive finding on Standard #2. Seconded by Yuhasz. VOTE: Unanimous. MOTION: Kramer moved positive finding on Standard #3 . Seconded by Pilkey. VOTE: Unanimous . Adjournment time was reached. MOTION: Pilkey moved extension of the meeting. Seconded by Eddleman VOTE: Unanimous . MOTION: Yuhasz moved approval of the application for Flowers Mobile Home Park - Planned Development with attached conditions as recommended by Planning Staff . Seconded by P1Ikey. VOTE: Unanimous . c. Zoning Ordinance Text Amendments ( 1 ) Article 5 . 1 . 1 ( 2) Article 2.3.3 d. Subdivision Regulations Text Amendments ( 1 ) Section III -B-3 ( 2) Section VIII-B MOTION: Best moved approval of the Zoning Ordinance Text Amendments and the Subdivision Regulations Text Amendments. Seconded by Pilkey. VOTE: Unanimous. AGENDA ITEM #9: PLANNING BOARD ITEMS Fairfield Estates Subdivision -- Wayne. Taylor ( added at applicant' s request) Presentation by Greg Szymik. Szymik noted that comments had not been received from the County Attorney, Erosion Control Officer and NCDOT within the time limit to place this item on this agenda. Mr. Taylor indicated he felt that there had been a communication problem with the planners in preparing his subdivision for presentation. O R A N G E C O U N T Y 13z BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date July f1 127 da Item SUBJECT: PD-1 -87 FLOWERS MOBILE HOME PARK ( REFER TO 5-26-87 AND 6-1 -87 AGENDA PACKETS FOR BACKGROUND DATA) DEPARTMENT: PLANNING PUBLIC HEARING __Yes X No ATTACHMENT( S) : INFORMATION CONTACT: Marvin Collins 6-1 -87 Public Hearing Minutes 6-15-87 Planning Board Minutes Planning Board Findings Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : Consideration of an application for a proposed Planned Development -- Mobile Home Park . This item was presented at public hearing on May 26 and June 1 , 1987 . BACKGROUND: Flowers Mobile Home Park is an existing park located in Eno Township on the west side of Mt. Hermon Church Road ( SR 1812) . The proposed Planned Development - Mobile Home Park would be an expansion of the existing park, involving the addition of 25 mobile home spaces to 43 existing units. The tract on which the park addition is to be located consists of 25 acres west of and adjacent to the existing park . The property is currently zoned Residential -1 ( R-1 ) and is designated Rural Residential in the Land Use Plan. The property is also located in the Major Transportation Corridor (MTC) adjacent to 1 -85 . The requested designation is PD-MHP-R-1 which requires the approval of a Special Use Permit and compliance with specific development standards for mobile home parks and planned developments in general . The application is the first to be considered which employs the new mobile home park standards adopted in March, 1987 . Article 8.2.2 of the Zoning Ordinance states that where a preponderance of evidence indicates compliance with the general standards, specific rules governing the specific use, and that the use complies with all required regulations and standards, the application must be approved unless it is found, in some specific manner, that: 14C 1 . The use will not promote the public health, safety and general welfare if located where proposed and developed and operated according to the plan as submitted ; 2. The use will not maintain or enhance the value of contiguous property; or 3. The use is not in compliance with the general plans for the physical development of the county as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Orange County Board of Commissioners. The burden of proving one or more of the above findings is on those opposing the application. The proof must also be in the form of competent material and substantial evidence. No information has been received or was presented at public hearing which would establish grounds for making one or more of the above findings. At its June 15, 1987 meeting, the Planning Board reviewed the application, the site plan and supporting documentation and found the applicant in general compliance with the standards, specific rules and required regulations . The Planning Board did, however, make negative findings with respect to certain required standards and/or regulations . These negative findings may be addressed through conditions of approval attached to the Special Use Permit. For this reason, the Planning Board recommended approval of the request with the following attached conditions : 1 . The grantee of this Special Use Permit shall post with Orange County, in a form acceptable to the County Attorney, a bond or letter of credit in an amount equal to the cost of all public improvements plus 10% . The amount shall be determined on the basis of fully executed construction contracts or certification by a registered engineer employed by the grantee of this Special Use Permit. Security for construction of the improvements in this project may follow phasing in the project. Specifically, as improvements are completed in each phase a corresponding amount of money may be released from the security instruments or the security instruments may be renegotiated based on the "yet to do" portion of the improvements . 2. Security shall be provided for the grading, paving and stabilization of all cleared areas, streets and other vehicular travelways; sidewalks and other pedestrian walkways; erection of street signs; utility installation and hookups; recreational facilities ; landscaping and mulching around all mobile home units. 3. All necessary easements to permit utility ( electricity, telephone and cable television by any cable television provider franchised by Orange County to serve this development) installation, servicing and 4i hookups to the development and to each unit within the development shall be provided at no cost to the utility provider. 4. Roads, parking areas, walkways, street signs and lights, utilities, recreation facilities and sites, landscaping and mulching around units shall be maintained as constructed. All such improvements and facilities shall further be maintained and operated in a safe manner. 5 . The grantee shall promulgate rules and regulations governing tenancy in the development which shall restrict accumulation of litter, trash and debris outside of the mobile home units, shall restrict storage of abandoned appliances, automobiles, building materials and similar materials outside of mobile homes and shall further prevent the growth of ragweed, poison ivy, poison oak or other noxious weed . The grantee shall file with the Orange County Planning Department a copy of the rules and regulations promulgated under this condition and maintain an up to-date copy of the rules and regulations in the Orange County Planning Department. 6. All roads will be named and the names not duplicate any other names within Orange County. Road name signs to Orange County standards shall be erected at all intersections . 7 . Removal of snow and ice from the roads in the development and the sidewalks within the development shall be the responsibility of the grantee. Such removal shall be completed promptly, 8. Prior to the initiation of construction activity, final approval by the State must be obtained for the community well system and the community low pressure wastewater disposal facility. 9 . The recreation areas shall be constructed as provided in the approved final application and site plan. 10 . Grading on the site shall be kept to a minimum. Existing vegetation shall be maintained between units . 11 . All plans for drainage, soil erosion and sedimentation control shall be reviewed and approved by Orange County prior to the start of construction. In addition, Orange County shall inspect the installation of control devices and the on-going work for the total project. The project shall at all times meet the requirements of the Orange County Soil Erosion and Sedimentation Control Ordinance. 12. The project must remain in unitary ownership and no lots can be sold to individuals . 13. A unit numbering system and corresponding unit location based on the equal interval numbering system employed by Orange County shall be submitted to and 144 approved by the Planning Department prior to the issuance of any building permit. This system shall be used in obtaining and issuing any building permit. Any change in the unit numbering system must be filed with the Orange County Planning Department. An approved copy shall also be filed with the emergency/fire service agency serving the park . 14. A final boundary survey of the Planned Development and public improvements shall be recorded by the developer. 15 . The final site plan and narrative of the project incorporating all changes, deletions and additions through the final approval of the project are incorporated herein and made a part of this Planned Development Special Use Permit. A copy of the final site plan and narrative are on file with the Orange County Planning Department. Grading and building permits, upon application, will be issued after approval and recordation of the Special Use Permit. 16 . The development shall be built and operated according to the site plan and written narrative supplied by the developer and in compliance with the above conditions. 17 . That if any of the above conditions is held invalid, this approval shall be void . RECOMMENDATION: The Manager recommends approval of the request based on the Planning Board ' s findings, including the recommended conditions of approval . LT the process for implementation of the Township Plan. Gledhil 4'responded that the Plan would be implemented through the Subdivision Regulations and the Zoning Ordinance when zoning is applicable in the township. Kramer continued, asking about watershed protection. Gledhill responded that there are some watershed protection measures that are in the Subdivision Regulations, however, watershed protection measures must be implemented primarily through zoning regulations. Commissioner Hartwell spoke to Marvin Collins, Planning Director, indicating he wished to go on record publicly as being critical of the center at Underwoods, noting that he felt it was a disgrace to Orange County. He continued, stating that there was nothing in this Land Use Plan which helps deal with such a situation as Underwoods. Collins concurred. Hartwell continued, asking if there is anything in place at this time which could help deal with the situation, noting that he felt it is a threat to the health and safety of the community. Collins responded that there are no ordinances currently in place which the Planning Department enforces which would give Staff any means of addressing that situation. He continued that short of having a specific ordinance which addresses nuisances, there is nothing that could be done at this point. Barry Jacobs, Planning Board Chair, asked Gene Bell how closely the growth in Little River Township between 1981 and the present adhered to the Land Use Plan that was adopted in 1981. Bell responded that growth was predicted in the 1981 plan to occur at about 7.5% annually. The actual growth rate is slightly over 5%. Bell explained the growth rate, indicating there were fairly large lot sizes. Jacobs continued, asking what the gap was between the Subdivision Regulation and the Zoning Ordinance in regard to watershed protection. Bell responded that in the Subdivision Regulations, there are requirements for a 50 foot buffer on any perennial stream. In the Subdivision Regulations, there are no restrictions on uses of land in an unzoned area. A Zoning Ordinance would include a permitted use table and any uses not listed would not be permitted. Specific portions of the ordinance address watershed protection. Jacobs asked how density was regulated through the Subdivision Regulations. Bell responded that in the Subdivision Regulations, a lot in an unzoned township is required to have an area of 40, 000 sq. ft. Also, if this area were zoned, it would be zoned Protected Watershed. MOTION: Commissioner Hartwell moved, seconded by Commissioner Carey to refer the Little River Township Plan to the Planning Board for a recommendation to the Board of . Commissioners on July 6, 1987. VOTE: Unanimous. 2. PLANNED DEVELOPMENT APPLICATION - PD-1-87 FLOWERS MOBILE HOME PARK Staff presentation by Marvin Collins. This agenda item is to receive citizen comment on a proposed Planned Development - Mobile Home Park. Flowers Mobile Home Park is an existing park located in Eno Township on the west side of Mt. Hermon Church Road (SR 1812) . The proposed Planned Development - Mobile Home Park would be an expansion of the 14q U j rj that the existing park was a pre-existing nonconforming use and is not required to meet the new standards. Jacobs inquired of the status of the State review of the community water system. Collins responded that neither the Division of Health Services nor the Division of Environmental Management will offer any comments on a preliminary plan. They will only review and approve a formal application for a permit for either community water or community sewage disposal system. No application has yet been submitted so no State comments are available. The applicant did submit materials which indicated that the Orange County Health had checked the soils for suitability for a community low pressure system and had indicated that the soils were satisfactory for such a system. The well sites as indicated on the plan are also in compliance with Health Department requirements. Jacobs asked if the State reviews a preliminary plan or a final plan. Collins responded that the State reviews a final plan that includes all construction details as well as information supplied by the applicant and the Orange County Health Department. Jacobs asked about information on traffic counts and impacts at the intersection of US 70 and Old NC 10. Collins indicated that projected traffic counts were in the packet and that trips per day were estimated to be approximately 120 trips per day (25 units at 4. 78 trips per unit- Institute of Traffic Engineers estimate for a mobile home unit) . An impact assessment was not done for the intersections because of the low volume of traffic that the use would generate. Commissioner Carey inquired if the 17 . 3 acres shown as being left in its natural state is the area outside that needed for the septic system. Collins responded that was his understanding and that the septic system was designed to accommodate the additional 25 units only. The design thus serves as a built in density control. Philip Post, the engineer who prepared the plan, stated that the travel surface of I-85 is well over 100 ' from the edge of the right-of-way which would make the first mobile home location almost 300 feet to I- 85. Post indicated there would be the absolute minimum grading and clearing needed for the mobile home spaces and roads. He noted that the area shown as remaining in its natural state would remain under the unitary ownership of the entire tract. There is grazing of horses at various times in existing pastures. He indicated much work had been done to present the best possible planned development. Post also stated that this project will be under control of the State Health Services for water and sewer services and that agency will not review an application as a preliminaryy matter but only as a final plan with all details presented. Mr. Post stated that the site distance at the park entrance is 650 feet to the north. He noted that the traffic count of 125 trips per day on Mt. Hermon Church Road is only a 1% increase. The capacity on this road is 7, 000 - 9 , 000 vehicles per day. Jacobs asked if there was any opportunity within the tenants ' associa- tion agreement for the handling of tenants grievances. Post responded that the existing agreement as written would not address such Ej b1 4'L existing park, involving the addition of 25 mobile home spaces to 43 existing units. The tract on which the park addition is to be located consists of 25 acres west of and adjacent to the existing park. The property is currently zoned Residential-1 (R-1) and is designated Rural Residential in the Land Use Plan. The property is also located in the Major Transportation Corridor (MTC) adjacent to I-85. The requested designation is PD-MHP-R-1 which requires the approval of a Special Use Permit and compliance with specific development standards for mobile home parks and planned developments in general. The application is the first to be considered which employs the new mobile home park standards adopted in March, 1987 . Article 8 . 2.2 of the Zoning Ordinance states that where a preponderance of evidence indicates compliance with the general standards, specific rules governing the specific use, and that the use complies with all required regulations and standards, the application must be approved unless it is found, in some specific manner, that: 1. The use will not promote the public health, safety and general welfare if located where proposed and developed and operated according to the plan as submitted; 2 . The use will not maintain or enhance the value of contiguous property; or 3 . The use is not in compliance with the general plans for the physical development of the county as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Orange County Board of Commissioners. The burden of proving one or more of the above findings is on those opposing the application. The proof must also be in the form of competent material and substantial evidence. No information has been received which would establish grounds for making one or more of the above findings. The Planning Staff has reviewed the application, the site plan and supporting documentation and found the applicant in general compliance with the standards, specific riles and required regulations. The Planning Staff has made, however, negative findings with respect to . certain required standards and/or regulations. These negative findings may be addressed through conditions of approval attached to the Special Use Permit. For this reason, the Planning Staff recommends approval of the request with the conditions as attached on pages of these minutes. Collins stated that since May 26, the applicant has submitted a revised site plan and additional information which addresses some of the recommended conditions. Conditions addressed on the revised site plan include: #6, #9, #10, #13 , #18, #19, #20 a & b, #21 and #22 and may be deleted. The other 17 conditions are still applicable. Commissioner Hartwell inquired if the existing mobile home park was required to meet the new mobile home park standards. Collins responded 1, grievances but noted the closing sentence of the agreement asks for and welcomes suggestions from the tenants. Jacobs indicated that tenants from other mobile home parks were concerned about the lack of legal mechanisms to address grievances, and he would be interested to see how this would be handled in this situation. Commissioner Halkiotis stated that in some mobile home parks which he had recently visited the opportunity to address grievances is a pro- blem. Commissioner Carey stated suggestions for solutions of tenant problems could come from meetings being held with Planning Board members, mobile home park owners and tenants. He continued, asking who is responsible for the maintenance of Phase I of Flowers Mobile Home Park. Post responded the park owner maintained the public areas and the tenants were responsible for the areas around their mobile homes. Post indicated this system would continue in effect for the addition to the park. Trash pick-up was discussed, and Post indicated there would be individual trash cans at each unit and be picked up. Post indicated all these items could be addressed through mobile home park regulations. MOTION: Commissioner Hartwell moved, seconded by Carey to refer the application to the Planning Board for recommendation. The recom- mendation is to be presented to the Board of Commissioners on July 6, 1987. VOTE: Unanimous. 3 . ZONING ATLAS AMENDMENTS - Z-2-87 WILDWOOD - SECTION IV Marvin Collins made the staff presentation. This agenda item is to receive citizen comment on a proposed request by Wildwood Corporation to amend the Orange County Zoning Atlas. Collins displayed a map showing the entire Wildwood project. Wildwood Corporation of Hillsborough has requested rezoning of 28.80 acres or 1,254,528 square feet of land. The property is located west of the present Wildwood Subdivision off NC 86 in Hillsborough Township. The property is designated Ten Year Transition in the Land Use Plan. The present zoning of the property is Residential-2 (R-2) . The applicant is requesting that the zoning classification be changed to Residential-4 (R-4) . A similar request (R-1 to R-4) was made by the applicant in November, 1985. 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C O' D o . • --S E C -� E • E E 3 3 t •••••• • co 1 W C C . 0 0 F. +r O C `) 0 O '-" - 3 v ^ r C E -G •-+ ro J - -�+ 0 C tr CO U U ^ E o D 0 0 C) CU ._� •C •� C) .0 GO C) tZ U. co G cJ •-a w U 4. U O .oi 1- = CO C. D I.. �J i G C E tf) L7 � 0 •D C_ L)) .- ..r ,F i Q �. • 1 q ® J2 17 reinstated • a nd - that the Berry 's Grove Activity Node be deleted. Seconded by Kramer. VOTE: 7 in favor. 1 opposed (Yuhasz) . MOTION: Best moved that Staff pursue a Land Use Plan amendment to create an appropriate designation for Orange County Speedway. Seconded by Yuhasz . VOTE: Unanimous. Best requested that regulation of TAC attendance be included on the July Long Range Planning Meeting. Torgan indicated a change in TAC Bylaws could address TAC attendance. 1 b . PD-1 -87 Flowers Mobile Home Park Presentation by Marvin Collins. This item was presented at public hearing on May 26 and June 1 , 1987 . Flowers Mobile Home Park is an existing park located in Eno Township on the west side of Mt. Hermon Church Road ( SR 1812) . The proposed Planned Development - Mobile Home Park would be an expansion of the existing park, involving the addition of 25 mobile home spaces to 43 existing units . The tract on which the park addition is to be located consists of 25 acres west of and adjacent to the existing park. The property is currently zoned Residential -1 ( R-1 ) and is designated Rural Residential in the Land Use Plan. The property is also located in the Major Transportation Corridor (MTC) adjacent to 1 -85 . The requested designation is PD-MHP-R-1 which requires the approval of a Special Use Permit and compliance with specific development standards for mobile home parks and planned developments in general . The application is the first to be considered which employs the new mobile home park standards adopted in March, 1987 . Article 8.2.2 of the Zoning Ordinance states that where a preponderance of evidence indicates compliance with the general standards, specific rules governing the specific use, and that the use complies with all required regulations and standards, the application must be approved unless it is found, in some specific manner, that: 1 . The use will not promote the public health , safety and ip VI 161S: general welfare if located where proposed and developed and operated according to the plan as submitted; 2. The use will not maintain or enhance the value of contiguous property; or 3 . The use is not in compliance with the general plans for the physical development of the county as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Orange County Board of Commissioners . The burden of proving one or more of the above findings is on those opposing the application. The proof must also be in the form of competent material and substantial evidence. No information has been received or was presented at public hearing which would establish grounds for making one or more of the above findings. The Planning Staff has reviewed the application, the site plan and supporting documentation and found the applicant in general compliance with the standards, specific rules and required regulations. The Planning Staff has made, however, negative findings with respect to certain required standards and/or regulations . These negative findings may be addressed through conditions of approval attached to the Special Use Permit. For this reason, the Planning Staff recommends approval of the request with the following attached conditions : 1 . The grantee of this Special Use Permit shall post with Orange County, in a form acceptable to the County Attorney, a bond or letter of credit in an amount equal to the cost of all public improvements plus 10% . The amount shall be determined on the basis of fully executed construction contracts or certification by a registered engineer employed by the grantee of this Special Use Permit. Security for construction of the improvements in this project may follow phasing in the project. Specifically, as improvements are completed in each phase a corresponding amount of money may be released from the security instruments or the security instruments may be renegotiated based on the "yet to do" portion of the improvements. 2. Security shall be provided for the grading, paving and stabilization of all cleared areas, streets and other vehicular travelways; sidewalks and other pedestrian walkways; erection of street signs; utility installation and hookups; recreational facilities ; landscaping and mulching around all mobile home units. 3. All necessary easements to permit utility (electricity, telephone and cable television by any cable television provider franchised by Orange County to serve this development) installation, servicing and hookups to the development and to each unit within the o1bt 19 development shall be provided at no cost to the utility provider. 4. Roads, parking areas, walkways, street signs and lights, utilities, recreation facilities and sites, landscaping and mulching around units shall be maintained as constructed. All such improvements and facilities shall further be maintained and operated in a safe manner. 5 . The grantee shall promulgate rules and regulations governing tenancy in the development which shall restrict accumulation of litter, trash and debris outside of the mobile home units, shall restrict storage of abandoned appliances, automobiles, building materials and similar materials outside of mobile homes and shall further prevent the growth of ragweed, poison ivy, poison oak or other noxious weed . The grantee shall file with the Orange County Planning Department a copy of the rules and regulations promulgated under this condition and maintain an up to-date copy of the rules and regulations in the Orange County Planning Department. 6. All roads within the mobile home park including the section from SR 1713 through the existing park shall be hard surfaced in compliance with the standards of Article 7 .20 (PD-MHP) of the ordinance. (DELETE - INFORMATION PROVIDED ON REVISED SITE PLAN WHICH ADDRESSES THIS CONDITION) 7 . All roads will be named and the names not duplicate any other names within Orange County. Road name signs to Orange County standards shall be erected at all intersections. 8. Removal of snow and ice from the roads in the development and the sidewalks within the development shall be the responsibility of the grantee. Such removal shall be completed promptly. 9 . There shall be at least two ( 2) parking spaces per mobile home unit in the development as shown on the approved final site plan. ( DELETE - INFORMATION PROVIDED ON SITE PLAN WHICH ADDRESSES THIS CONDITION) 10 . Mailboxes shall be clustered and shall be provided as shown on the approved final site plan. A pull -off shall be provided and the mailboxes set back off the main entrance road . The entrance road and pull -off shal be of sufficient width to allow three or four cars to stop and get mail while others continue to pass . The mailboxes shall not be located in a place that would require cars to cross traffic, make unnatural turns or go against the flow of traffic. lli) D 20 ytil (DELETE - INFORMATION PROVIDED ON SITE PLAN WHICH ADDRESSES THIS CONDITION) 11 . Prior to the initiation of construction activity, final approval by the State must be obtained for the community well system and the community low pressure wastewater disposal facility. 12. The recreation areas shall be constructed as provided in the approved final application and site plan. 13. All signs shall be erected in compliance with Articles 9 ( Signs) and 7 .20 LPD-MHP) of the Orange County Zoning Ordinance following issuance of a building permit and prior to the issuance of a Certificate of Occupancy for an unit. No sign may be erected within the site triangles for the entranceways to the development. ( DELETE - NOT APPLICABLE AS ENTRANCE SIGNS ARE LOCATED WITHIN EXISTING PARK) 14. Grading on the site shall be kept to a minimum. Existing vegetation shall be maintained between units. 15 . All plans for drainage, soil erosion and sedimentation control shall be reviewed and approved by Orange County prior to the start of construction . In addition, Orange County shall inspect the installation of control devices and the on-going work for the total project. The project shall at all times meet the requirements of the Orange County Soil Erosion and Sedimentation Control Ordinance. 16 . The project must remain in unitary ownership and no lots can be sold to individuals. 17 . A unit numbering system and corresponding unit location based on the equal interval numbering system employed by Orange County shall be submitted to and approved by the Planning Department prior to the issuance of any building permit. This system shall be used in obtaining and issuing any building permit. Any change in the unit numbering system must be filed with the Orange County Planning Department. An approved copy shall also be filed with the emergency/fire service agency serving the park. 18. Existing topography at a contour interval of five ( 5) feet based on mean sea level datum shall be shown on the approved final site plan. (DELETE INFORMATION PROVIDED ON REVISED SITE PLAN WHiCH ADDRESSES THIS CONDITION) 19. Typical mobile home stand details shall be provided on the approved final site plan which : . . © ° n 21 �bc LT a. Indicate that the surface of the mobile home stand and the area surrounding it will be graded to provide proper drainage. b . Indicate compliance with State of North Carolina Regulations for Mobile Homes and Modular Housing for installation of mobile homes. c. Indicate that steps ( including handrails) leading to decks and/or the mobile home will be installed in accordance with the N.C. State Building Code. (DELETE - INFORMATION PROVIDED ON REVISED SITE PLAN WHICH ADDRESSES THIS CONDITION) 20. Typical mobile home elevations shall be shown on the approved final site plan which : a. Indicate the uniform type of foundation enclosure or skirting to be provided on each mobile home. b . Indicate the location and size of permanent site number signs in accordance with Article 7 . 20 (PD- MHP) of the Zoning Ordinance. (DELETE - INFORMATION PROVIDED ON REVISED SITE PLAN WHICH ADDRESSES THIS CONDITION) 21 . The approved final site plan shall show the location of all traffic control signs in the park . The signs shall be installed in accordance with the standards of the Uniform Traffic Control Manual . ( DELETE - INFORMATION PROVIDED ON SITE PLAN WHICH ADDRESSES THIS CONDITION) 22 . The approved final site plan shall show the location of all street lights in compliance with Article 7 .20 (PD-MHP) of the Zoning Ordinance. (DELETE - INFORMATION PROVIDED ON SITE PLAN WHICH ADDRESSES THIS CONDITION) 23 . A final boundary survey of the Planned Development and public improvements shall be recorded by the developer. 24. The final site plan and narrative of the project incorporating all changes, deletions and additions through the final approval of the project are incorporated herein and made a part of this Planned Development Special Use Permit. A copy of the final site plan and narrative are on file with the Orange County Planning Department. Grading and building permits, upon application, will be issued after approval and recordation of the Special Use Permit. F y 1w 25 . The development shall be built and operated according to the site plan and written narrative supplied by the developer and in compliance with the above conditions . 26. That if any of the above conditions is held invalid, this approval shall be void . Collins noted that conditions 06, 9, 10, 13, 18, 19, 20, 21 , and 22 should be deleted as they have been addressed on a revised site plan. The other 17 conditions still apply. The Planning Board reviewed the findings of fact and recom- mendations were made as follows: Articles 8 .6 and 8 .8 Application Components MOTION: Best moved positive findings on Articles 8.6 and 8.8 . Seconded by Pilkey. VOTE: Unanimous. Article 7 Specific Requirements MOTION: Yuhasz moved positive findings on Article 7 .4. Seconded by Kramer. VOTE: Unanimous . Article 7 .20. 4 Specific Development Standards for Mobile Home Parks MOTION: Yuhasz moved acceptance of Staff findings on Article 7 . 20.4 Sections A-J. Seconded by Pilkey. VOTE: Unanimous . MOTION: Margison moved acceptance of Staff findings on Article 7 .20 . 4 Section K. Seconded by Pilkey. VOTE: Unanimous . Article 8.2.4 Specific Standards/All Special Uses MOTION: Kramer moved acceptance of Staff findings on Article 8. 2.4. Seconded by Yuhasz . VOTE: Unanimous . Article 5 Dimensional Requirements Article 6 Application Requirement MOTION: Yuhasz moved acceptance of Staff findings on Articles 5 and 6. Seconded by Best. VOTE: Unanimous . (Copy of Staff findings attached on pages of these minutes) . ° d 23 General Standards 8.2.2 MOTION: Pilkey moved positive finding on Standard #1 . Seconded by Kramer. VOTE: Unanimous. MOTION: Kramer moved positive finding on Standard #2. Seconded by Yuhasz. VOTE: Unanimous. MOTION: Kramer moved positive finding on Standard #3 . Seconded by Pilkey. VOTE: Unanimous . Adjournment time was reached. MOTION: Pilkey moved extension of the meeting. Seconded by Eddleman VOTE: Unanimous . MOTION: Yuhasz moved approval of the application for Flowers Mobile Home Park - Planned Development with attached conditions as recommended by Planning Staff . Seconded by Pilkey. VOTE: Unanimous . c. Zoning Ordinance Text Amendments ( 1 ) Article 5 . 1 . 1 ( 2) Article 2.3.3 d. Subdivision Regulations Text Amendments ( 1 ) Section III-B-3 ( 2) Section VIII-B MOTION: Best moved approval of the Zoning Ordinance Text Amendments and the Subdivision Regulations Text Amendments . Seconded by Pilkey. VOTE: Unanimous. AGENDA ITEM #9: PLANNING BOARD ITEMS Fairfield Estates Subdivision - Wayne Taylor ( added at applicant' s request) Presentation by Greg Szymik. Szymik noted that comments had not been received from the County Attorney, Erosion Control Officer and NCDOT within the time limit to place this item on this agenda. Mr. Taylor indicated he felt that there had been a communication problem with the planners in preparing his subdivision for presentation. 171 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date _111.1.4_b_1217 Action nda Item SUBJECT: ZONING OFORDINANCE ADJUSTMENTAMENDMENT ARTICLE 2.3 .3 BOARD ADMINISTRATION DEPARTMENT: PLANNING _� PUBLIC HEARING Yes _X No -- Information Contact: Greg Szymik Attachment( s) 3-11 -87 Memo from Planning Director 3-31 -87 Memo from Greg Szymik Existing Ordinance-Article 2 .3.3 Proposed Amendment to Article 2 .3 .3 Draft 6-1 -87 Public Hearing Minutes Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of proposed amendments to Article 2 .3 .3 of the Zoning Ordinance. BACKGROUND: Procedures for public notification for amendments to various County ordinances vary slightly from ordinance to ordinance. To reduce confusion by the general public and to insure consistency, the public notification procedures for amendments to ordinances, have been reviewed to identify inconsistencies . To eliminate the inconsistenciesmandmmake the procedures uniform for all ordinances, have been developed : ( 1 ) An amendment to Article 2. 3 .3 of the Zoning Ordinance; and ( 2) an amendment to Section VIII B of the Subdivision Regulations. ( Separate public hearing item. ) The proposed amendment to Article 2 .3 .3 would require that property for which a Class B Special Use Permit or variance has been requested must be posted at least ten ( 10 ) days prior to the public hearing date. The amendment would provide uniformity between "posting requirements" in Article 2.3 .3 and Article 20 (Zoning Text/Atlas Amendments) . Currently, the property must be posted at least fifteen ( 15 ) days prior to the meeting date. 174 A public hearing on the proposed amendment was held on June 1 , 1987 . No comments were received on the proposal . The Planning Board met on June 15 , 1987 to make its recom- mendation on the proposal . The Planning Board recommends approval of the proposed amendment . RECOMMENDATION: The Manager recommends approval of the ordinance amendment as recommended by the Planning Board with the additional recommendation that the effective date of the amendment be July 6 , 1987 . O R A N G EMEL C O U N Y INTEROFFICE MEMORANDUM TO : Ken Thompson, County Meneoer 17c FROM: Mervin Collins, Planning Director SUBJECT: Notification Requirements DATE : March 11 , 1987 COPIES : Geoffrey Gledhill , County Attorney • Barry Jacobs, Planning Board Chair Greg Szymik, Planner III ( Current Planning ) Gene Bell , Planner 111 (Comprehensive Planning) As requested, this memorandum summarizes Stete end local requirements governing legal notices. Please note that this memorandum hes ,iai=. been pre--audited by the County Attorney . GerueraJ f31t.e �nJJL.e��rt5 Before adopting or amending any ordinance authorized by G. S. 153A - Article 18 ( counties) or G. S. 160A - Article 19 ( cities end, in some instances, counties) , a public hearing must be held. . Notice of the hearing must be published once a week for two successive calendar weeks. The notice must be published the first time not less than 10 days nor more than 25 days before the public hearing Gete. Ordinances and/or related items covered by Articles 18 and 19 are as follows: COunties Cities 17t 1 tle 11 12 General Provisions General Provisions Subdivision Regulation Subdivision Regulation Zoning Zoning Building Inspection Building inspection Community Development Community Deveiopment (C) Historic Districts ( C) Historic Properties Commissions (C) Open Space Acquisition -(C) Minimum Housing Standards (C) Appearance Commissions ( S) erosion/Sediment Control (S) Floodwey Reguietlons "General Provisions" includes territorial jurisdiction, planning agency creation and ether supplementary powers. (C) indicates that the statute covers cities end counties, with both subject to the notice requirements listed above. ( S) indicates that e separate act or statute exists for counties without specific notification requirements. In roc—rich ro the general s*zrCerd move, G . S . requires Chet the owner of a parcel of land end all ab4,-ling property owners, as shown on the county tax listing, be notified 1'7q of any amendment, supplement Or chance to the zoning regulet1or5� and district boundaries. lest rust be such ownedrs on first class mail to the the county tax abstracts. C,r Fn`e. county Requ_1 rementr Lend Vp, FJpy AppplIments - Procedures for amending the Land Use Plan were adopted by the Commissioners on November 11 , 1982. The procedures require a public hearing with a notice published et least twice in a newspaper having general circulation in the county. The notice must appear for two successive weeks with the first notice not less then 15 days nor more than 25 days before the date set for the hearing. 2.opjpg Drd n .sa Ap, Aims'±s - Article 20 .6 . 1 of the Zoning Ordinance requires a public hearing end advertisement of same in accordance with C. S. 153A-323. .on.1ng /,t AA APendmentq - Articles 20 . 6.2 and 20 .6 .3 of the Zoning Ordinance require the same public hearing end advertisement as for ordinance amendments. In addition, the affected property must be posted 10 days prior to the hearing. Furthermore, written notice must be sent by certified mail to the effected property owner and all adjacent owners (within 500 feet ) not less then 15 days prior to the hearing. This provision applies where a property owner petitions the County to change the Zoning Atlas. Where the County seeks to change the Atlas, notice must be sent by first class mall to the affected property owners and all adjacent owners (within 500 feet) . P 1pnred yeJppyrar: ,Spe.c 1p J 1.11s Permits -. f,pp l i cat i ons of this type are governed by Article 5 .4.5 of the Zoning Ordinance. The public hearing, leoel notice, property posting and owner notification requirements are the same as for Zoning Ordinance/Atlas amendments. BD.pz4 ml LIJy;tme? - Special Use Permit or variance requests before the Board of Adjustment must follow the same requirements as for Zoning Ordinance/Atlas amendments. (See Article 2.3 .3 .4 . ) 111bdjy J. PD EmswlatImsa - Section, . VII 1-B-2 of the Subdivision Regulations requires that a public hearing be held on eme+ndmen.i to that ordinance. The hearing must be advertised once a week for two consecutive weeks with the first advertisement appearing not less than 15 days prior to the hearing. The notice must be advertised in a newspaper having general circulation in the county. Atb�r Dr.0111A mss_ - The Soil Erosion and Sedimentation Control Ordinance and the Flood Damage Prevention Ordinance do not contain provisions which identify procedures for amendment. It has been the Planning Department ' s policy to use the provisions of G. S. 153A-323 as a guide In conducting and advertising public hearings. - E f+ruendments to the Schedule of Building Permit Fees end the edoption of supplementary Building Code regulations also trecl the requirements of G. S . 153A-323 . The adoption of a F 1 n l mt:O - Housing Code for Orange County followed the requirements set forth in G. S. 160A-364 . ( Same as G. S . 153A-323 . 17c pecommensiption; Having completed this summery, I recommend the following: 1 . That the County seek to establish uniformity in its ordinance amendment procedures. Although there is general consistency , there are variations In details. For example, one procedure may indicate "not less than 15 days prior to a hearing" while another may require "10 days" . 1 r. lIi recommend to the Ordinance Review Subcommittee of the Planning Board that they undertake, with Staff assistance, amendments which achieve this goal . 2. That a County policy governing public notification be established. I will recommend to the Communications Subcommittee of the Planning Board that they undertake this task with Staff assistance. Should you require additional information, let me know . r L 0-A2L14D Marvin Collins Planning Director • m. ORANGE COtNT"i PLAN L'`G DEPARTM:LNT HILLSBOROUGH NORTE CAROLINA. 7 27276 17'r ., M E M O R A N D U M iktilm al oe. TO: Ordinance Review Committee FROM: Greg Szymik SUBJECT: Notification Requirements DATE: . March 31 , 1987 At the March 10, 1957 public hearing, Orange County residents expressed confusion about notification procedures for public hearings. The Chair of the Board of Commissioners asked that County or dinances be reviewed to determine if there were inconsistencies in public notification procedures. Marvin Collins conducted that review and transmitted the results of that review in a memo dated March 11 , 1967 (copy attached) . That memo made two recommendations. The first was to establish uniformity in the ordinance amendment procedures by amending the ordinances to eliminate minor inconsistencies. The response to that recommendation in the form' of proposed amendments to the Zoning Ordinance (Article 2.3.3) and to the Subdivision Regulations ( Section VIII —B) is attached. Please note that these amendments do not address the written notification procedures in the ordinances. Written notification is now required for Zoning Atlas amendments, Special Use Permits, and Variances. it is not required for ordinance text revisions. As indicated in the memo of March . 11th, in the second recommendation, expanding notification will require a policy decision to be made. Until the policy is established, we will not know whether ordinance revisions are needed or desired. PROPOSED ORDINANCE AMENDMENT 17 ORDINANCE: Zoning Ordinance REFERENCE: Article 2.3 .3 Board of Adjustment Administration ORIGIN OF AMENDMENT: `x Staff Planning Board_x_BOCC Public Other : STAFF PRIORITY RECOMMENDATION: Mighx Middle Low Comment: EXPECTED PUBLIC HEARING DATE: May 25, 1987 PURPOSE OF AMENDMENT: To revise Article 2.3 .3 .4 , making public notification procedures for ordinance amendments uniform - among ordinances. IMPACTS/ ISSUES: The general public has been somewhat con- fused by different public notification procedures used to amend different County Ordinances. A review of amendment proce- dures used by the Planning Department has Identified several minor inconsistencies in notification procedures. This amendment will eliminate one such Inconsistency . Notification procedures for variances and "Class B" Special Use Permit applications that are presented to the Board of Adjust- ment are contained In Article 2.3.3.4 of the Zoning Ordinance. Although part of the Zoning Ordinance, these procedures are not the same as notification procedures for Zoning Text, Zoning Atlas, and Planned Development contained in Article 20. They are different In the ' following respect: under Article 2, property must be posted at least 15 days prior to the Board of Adjust ment meeting; under Article 20, when there -is to be a zoning atJas change, property Is to be posted at least 10 days prior to the public hearinc. General Statute requirements do net include 1.7e a requirement for posting property . Since no minimum time period for posting is required it is recommended that Article 2 be amended to require that property be posted at least 10 days before the Board of Adjust- ment meeting. This will be consistent with the posting requirement in Article 20 and consistent with the newspaper notice requirement. EXISTING ORDINANCE PROVISIONS : 2.3.3 . 4 The Board shall give notice of matters coming before it by causing public notation to be placed in a newspaper of general AMENDED circulation in Orange County. The notice 2-9-83 shall appear once a week for two consecutive 7-2-84 weeks, the first insertion to be not less than ten ( 10 ) days not more than twenty-five (25) days prior to the meeting date. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included . In the case of application for a Class 5 Special Use Permit or variance the Zoning Officer shall give written notice by certi- fled mail to adjacent property owners. This notice shall be given not less than 15 days prior to the meeting date . Adjacent pro- perty owners are those whose property lies within 500 feet of the affected property and whom are currently listed as property owners in the Orange County tax records. The Zoning Officer shall also post on the applicants affected property a notice of the Board meeting at least 15 days prior to the meeting date. PROPOSED AMENDMENT: 2.3.3. 4 The Board shall give notice of matters coming before it by causing public notation TO be placed in a . newspaper of general circulation in Orange County. The notice AMENDED shall appear once a week for two consecutive 2-9-83 weeks, the first insertion to be not less 7-2-84 than ten ( 10 ) days not more than twenty- five ( 25) days prior to the meeting date. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. 17 In the case of application for a Class B Special Use Permit or variance the Zoning Officer shall give written notice by certi - fied mall ¶0 adjacent property owners. This notice shall be given not less than 15 days prior to the meeting date. Adjacent pro- perty owners are those whose property Iies within 500 feet of the affected property and whom are currently listed as property owners in the Orange County tax records. The Zoning Officer shall also post on the applicants affected property a notice of the Board meeting at least ten ( 10 ) days prior to the meeting date. 18L p L Homeowner' s Association. VOTE: Unanimous. 4 . ZONING TEXT AMENDMENTS a. Article 5 . 1. 1 - Schedule for Residential Development Marvin Collins made the Staff presentation. Article 5. 1. 1 of the Zoning Ordinance contains the minimum gross land area and building height requirements, and the required minimum land use intensity ratios for floor area, open space, liveability space and recreation space in PlannedDevelopments. The Article currently does not contain minimum required recreation space ratios for Planned Development - Mobile Home Parks. It also does not contain land use intensity ratios for Planned Development - Mobile Home Parks in R5, R8 and R13 zoning districts. The proposed amendment will correct these deficiencies by adding minimum required recreation space ratios for RB, AR, R1, R2 , R3 and R4 zoning districts. Furthermore, minimum gross land area, building height and land use intensity ratios will be added for R5, R8 and R13 districts. The Planning Staff recommends approval of the proposed amendments. The Planning Board will prepare a recommendation on the proposed amendment at its June 15, 1987 meeting. The Board of Commissioners will consider the proposal for decision on July 6, 1987. There were no questions or comments. MOTION: Marshall moved, seconded by Carey, to refer the amendment of Article 5. 1. 1 of the Zoning Ordinance to the Planning Board for recommendation to the Board of Commissioners on July 6, 1987 . VOTE: Unanimous. b. Article 2.3 .5 - Board of Adjustment Administration Staff presentation by Marvin Collins. Procedures for public notification for amendments to various County ordinances vary from ordinance to ordinance. To reduce confusion by the general public and to insure consistency, the public notification procedures have been reviewed to identify inconsistencies. The proposed amendment to Article 2 . 3 . 3 would require that property for which a Class B Special Use Permit or variance has been requested must be posted at least ten (10) days prior to the public hearing date. The amendment would provide uniformity IL ' n �'1 ~ i . 7 - t • y 6 U 18i between "posting requirements" in Article 2 . 3 . 3 and Article 20 (Zoning Text/Atlas Amendments) . Currently, the property must be posted at least fifteen (15) days prior to the meeting date. The Planning Staff recommends approval of the proposed amendment. Jacobs asked why 10 days rather than 15 days is being proposed is being proposed as the uniform standard. Collins responded that the General Statutes require that an advertisement for a public hearing be advertised for the first time not less than 10 days or more than 25 days prior to the hearing and the 10 day standard is a minimum standard. Complaints have been received that there are so many variations between the administrative procedures and mechanisms of the Board, there needs to be more uniformity. Therefore, Staff felt that posting requirements for public hearings should be consistent throughout. There were no public comments. MOTION: Commissioner Hartwell moved, seconded by Commissioner Halkiotis, to refer this amendment to the Planning Board for recommendation to the Board of Commissioners on July 6, 1987 . VOTE: Unanimous. 5. Subdivision Regulations Text Amendments a. Section III-B-3 - Sketch Plan Review Staff presentation by Marvin Collins. Section III-B-3 of the Subdivision Regulations contains the procedure for Sketch Plan review of subdivision proposals. Unlike review provisions for Preliminary Plans and final Plats, no time limit is set for the validity of Planning Staff review of Sketch Plans. To prevent Planning Staff review of Sketch Plans from being considered a permanent approval, a revision of the regulations is proposed. The proposed revision places a time limit of one (1) year on the validity of the Planning Staff Sketch Plan comments and clarifies language in the regulations regarding the significance of the comments. Planning Staff recommends approval of the proposed amendment. There were no questions or comments. MOTION: Commissioner Carey moved, seconded by Commissioner Marshall, to refer this amendment to the Planning Board for recommendation to the Board of Commissioners on July 6, 1987 . VOTE: Unanimous. b. Section VIII-B - Amendments 184 DIdt3V 23 General Standards 8.2.2 MOTION: Pilkey moved positive finding on Standard #1 . Seconded by Kramer. VOTE: Unanimous. MOTION: Kramer moved positive finding on Standard 12. Seconded b Yuhasz. by VOTE: Unanimous. MOTION: Kramer moved positive finding on Standard #3. Seconded by Pilkey. VOTE: Unanimous . Adjournment time was reached. MOTION: Pilkey moved extension of the meeting. Seconded by Eddleman VOTE: Unanimous . MOTION: Yuhasz moved approval of the application for Flowers Mobile Home Park - Planned Development with attached conditions as recommended by Planning Staff . Seconded by Pllkey. VOTE: Unanimous . c. Zoning Ordinance Text Amendments ( 1 ) Article 5 . 1 . 1 ( 2) Article 2.3.3 d. Subdivision Regulations Text Amendments ( 1 ) Section III -B-3 (2) Section VIII-B MOTION: Best moved approval of the Zoning Ordinance Text Amendments and the Subdivision Regulations Text Amendments. Seconded by Pilkey. VOTE: Unanimous. AGENDA ITEM #9: PLANNING BOARD ITEMS Fairfield Estates Subdivision - Wayne. Taylor ( added at applicant ' s request) Presentation by Greg Szymik. Szymik noted that comments had not been received from the County Attorney, Erosion Control Officer and NCDOT within the time limit to place this item on this agenda. Mr. Taylor indicated he felt that there had been a communication problem with the planners in preparing his subdivision for presentation. O R A N G E C O U N T Y 188 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date _ July_ 6, 1987 ActionL �g da Item -�7 SUBJECT: SUBDIVISION REGULATIONS AMENDMENT - SECTION III -B-3 STAFF REVIEW DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT( S) : INFORMATION CONTACT: Greg Szymik Existing Regulation Section III -B-3 Proposed Revision to Section III -B-3 Draft 6-1 -87 Public Hearing Minutes • Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of proposed amendments to Section 111 -8-3 of the Subdivision Regulations. BACKGROUND: Section III -B-3 of the Subdivision Regulations contains the procedure for Sketch Plan review of subdivision proposals. Unlike review provisions for Preliminary Plans and Final Plats, no time limit is set for the validity of Planning Staff review of Sketch Plans . To prevent Planning Staff review of Sketch Plans from being considered a permanent approval , a revision of the regulations is proposed . The proposed revision places a time limit of one ( 1 ) year on the validity of the Planning Staff Sketch Plan comments and clarifies language in the regulations regarding the significance of the comments. A public hearing on the proposed amendment was held on June 1 , 1987 . No comments were received on the proposal . The Planning Board met on June 15, 1987 to make its recom- mendation on the proposal . The Planning Staff recommends approval of the proposed amendment. RECOMMENDATION: The Manager recommends approval of the amendment as recom- mended by the Planning Board with the additional requirement that the effective date of the amendment be July 6, 1987 . 184 PROPOSED ORDINANCE AMENDMENT ORDINANCE: Subdivision Regulations REFERENCE: Section III -B-3 Staff Review ORIGIN OF AMENDMENT: _x_ Staff Planning Board BOCC Public Other : STAFF PRIORITY RECOMMENDATION: High Middle_xLow Comment: EXPECTED PUBLIC HEARING DATE: May 25, 1987 PURPOSE OF AMENDMENT: To revise Section III -B-3 of the Subdivision Regulations by adding a time limit to the Sketch Plan review . IMPACTS/ ISSUES: On February 24 , 1967 , the Board of Commis- sioners suggested that a time Ilmit be placed on the validity of sketch plan review comments. Sketch Plan review is the initial step in both minor and major subdivision review. At present there 1s no time limit on how long the review is valid. Since the review is based on ordinances in effect at the time and ordinances are regularly amended, review comments can become inaccu- rate as amendments are adopted. A time Ilmit on the validity of review comments will reduce the potential for the comments to become inaccurate and for them to be presented as essentially a vested approval perhaps several years after the review was made. Further clarification of language describing the Sketch Plan review as not being an action of approval will also provide better definition of the review . EXISTING ORDINANCE PROVISIONS: 111 -$-3. Stiff Rev1,ew . Within thirty (30 ) days of the submission of the Sketch Plan, the Planning Director shall review the proposal for general compliance with the relevant ordinances, codes, and policies and . for the general suitability of the land for development and determine the existence of proposed sites for schools and other public facilities. The Planning Director shall 18c . state his recommendations to the subdivider and the Planning Board . This review shall in no way be construed as constituting an official action of approval of the sub- division by the Planning Board or Board of County Commissioners. . PROPOSED AMENDMENT: 111 -6-3 . Staff Bpv]ew , Within thirty (30 ) days of the submission of the Sketch Plan, the Planning Director shall review the proposal for general compliance with the relevant ordinances, codes, and policies and for the general suitability of the land for development and determine the existence of proposed sites for schools and other public facilities. The Planning Director shall notify the subdivider and the Planning Board of recommendations resulting from this review . Since the review is based on ordinances in effect at the time and ordi- nances are regularly amended, review recoup; mendatlons can become inaccurate as amend- ments are adopted . Therefore, this notifi- cation shall be valid for one ( 1 ) year. 111 -B-4. Board Approval_ Necessary . Recommen- dations made In the review of the Sketch Plan are advisory only. Review of the Sketch Plan is not an action of approval of the subdivision . Approval of the subdivi- sion occurs as a result of an official action of approval by the Planninj Board or Board of County Commissioners. 6- L.. " u 18 t2 between "posting requirements" in Article 2 . 3 . 3 and Article 20 (Zoning Text/Atlas Amendments) . Currently, the property must be posted at least fifteen (15) days prior to the meeting date. The Planning Staff recommends approval of the proposed amendment. Jacobs asked why 10 days rather than 15 days is being proposed is being proposed as the uniform standard. Collins responded that the General Statutes require that an advertisement for a public hearing be advertised for the first time not less than 10 days or more than 25 days prior to the hearing and the 10 day standard is a minimum standard. Complaints have been received that there are so many variations between the administrative procedures and mechanisms of the Board, there needs to be more uniformity. . Therefore, Staff felt that posting requirements for public hearings should be consistent throughout. There were no public comments. MOTION: Commissioner Hartwell moved, seconded by Commissioner Halkiotis, to refer this amendment to the Planning Board for recommendation to the Board of Commissioners on July 6, 1987 . VOTE: Unanimous. 5. Subdivision Regulations Text Amendments a. Section III-B-3 - Sketch Plan Review Staff presentation by Marvin Collins. Section III-B-3 of the Subdivision Regulations contains the procedure for Sketch Plan review of subdivision proposals. Unlike review provisions for Preliminary Plans and final Plats, no time limit is set for the validity of Planning Staff review of Sketch Plans. To prevent Planning Staff review of Sketch Plans from being considered a permanent approval, a revision of the regulations is proposed. The proposed revision places a time limit of one (1) year on the " validity of the Planning Staff Sketch Plan comments and clarifies language in the regulations regarding the significance of the comments. Planning Staff recommends approval of the proposed amendment. There were no questions or comments. MOTION: Commissioner Carey moved, seconded by Commissioner Marshall, to refer this amendment to the Planning Board for recommendation to the Board of Commissioners on July 6, 1987. VOTE: Unanimous. b. Section VIII--B - Amendments 1-1- r 23 f.? General Standards 8.2.2 r MOTION: Pilkey moved positive finding on Standard #1 . Seconded by Kramer. VOTE: Unanimous. MOTION: Kramer moved positive finding on Standard #2. Seconded by Yuhasz. VOTE: Unanimous. MOTION: Kramer moved positive finding on Standard #3. Seconded by Pilkey. VOTE: Unanimous . Adjournment time was reached. MOTION: Pilkey moved extension of the meeting. Seconded by Eddleman VOTE: Unanimous. MOTION: Yuhasz moved approval of the application for Flowers Mobile Home Park - Planned Development with attached conditions as recommended by Planning Staff . Seconded by PlIkey. VOTE: Unanimous . c. Zoning Ordinance Text Amendments ( 1 ) Article 5 . 1 . 1 ( 2) Article 2.3.3 d. Subdivision Regulations Text Amendments ( 1 ) Section III -B-3 (2) Section VIII-B MOTION: Best moved approval of the Zoning Ordinance Text Amendments and the Subdivision Regulations Text Amendments. Seconded by Pilkey. VOTE: Unanimous. AGENDA ITEM #9 : PLANNING BOARD ITEMS Fairfield Estates Subdivision - Wayne Taylor ( added at applicantts request) Presentation by Greg Szymik. Szymik noted that comments had not been received from the County Attorney, Erosion Control Officer and NCDOT within the time limit to place this item on this agenda. Mr. Taylor indicated he felt that there had been a communication problem with the planners in preparing his subdivision for presentation. O R A N G E C O U N T Y BOARD OF COMMISSIONERS 188 ACTION AGENDA ITEM ABSTRACT Meeting Date _ July 6, 1987 Action nda Item SUBJECT: SUBDIVISION REGULATIONS AMENDMENT - SECTION VIII-B AMENDMENT PROCEDURE DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment( s) Information Contact: Greg Szymik 3-11 -87 Memo from Planning Director 3-31 -87 Memo from Greg Szymik Existing Ordinance-Section VIII -B Proposed Amendment to Section VIII-B Draft 6-1 -87 Public Hearing Minutes Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of proposed amendments to Section VIII -B of the Subdivision Regulations. BACKGROUND: Procedures for public notification for amendments to various County ordinances vary slightly from ordinance to ordinance. In order to reduce confusion by the general public and to insure consistency, the public notification procedures for amendments to ordinances have been reviewed to identify inconsistencies. To eliminate the inconsistencies and make the procedures uniform for all ordinances, two amendments have been developed : ( 1 ) An amendment to Article 2.3.3 of the Zoning Ordinance ( Separate public hearing item. ) ; and ( 2) an amendment to Section VIII --B of the Subdivision Regulations . The proposed amendment to Section VIII -B would require that the first advertisement of a notice of public hearing regarding a proposed ordinance amendment appear in a news- paper not less than ten ( 10) and not more than twenty-five ( 25 ) days prior to the hearing. The amendment would provide uniformity between advertisement requirements in the Zoning Ordinance and the Subdivision Regulations. Currently, the first advertisement must appear in a newspaper not less than 1842 fifteen ( 15) days prior to the hearing. A public hearing on the proposed amendment was held on June 1 , 1987 . No comments were received on the proposal . The Planning Board met on June 15 , 1987 to make its recom- mendation on this proposal . • The Planning Staff recommends approval of the proposed amendment. RECOMMENDATION: The Manager recommends approval of the amendment as recom- mended by the Planning Board with the additional requirement that the effective date of the amendment be July 6, 1987 . D R A N ; E C O U N T Y INTEROFFICE MEMORANDUM 19 TO : Ken Thompson , County Meneger FROM: Mervin Collins, Planning Director SUBJECT: Notiflcetlon Requirements DATE: March 11 , 1967 COPIES : Geoffrey Gledhill , County Attorney Barry Jacobs, Planning Board Chair Greg Szymik, Planner Ill ( Current Planning ) Gene Bell , Planner III ( Comprehensive Planning) As requested, this memorandum summarizes Stele and local requirements governing legal notices . Please note 'het this memorandum has m= been pre-audited by the County Attorney. )3enere i EsSl1Ll,.ADurrt5 Before adopting or .amending any ordinance authorized by G. S. 153A - Article 16 ( counties) or G. S . 160A - Article 19 ( cities end, in some instances, counties ) , a public hearing must be held. Notice of the hearing must be published once a week for two successive calendar weeks. The notice must be published the first time not less then 10 days nor more than 25 days before the public hearing Gate. Ordinances and/or relateG . items covered by Articles 16 and 19 are as fol 1 ows: Counties Cities Article 11w:.1�1s General Provisions General Provisions Subdivision Regulation Subdivision Regulation Zoning Zoning Building Inspection building inspection Community Development Community Development (C) Historic Districts (C) Historic Properties Commissions (C) Open Space Acquisition IC) Minimum Housing Standards (C) Appearance Commissions ( S) E rosion/Sediment Control .(S) Floodwey Regulations "General Provisions" includes territorial jurisdiction, planning eoency creeHion and ether su;pleriertery powers. (C) indicates that the statute Covers cities and counties, with both subject to the notice requirements listed above. ( S) indicates that a separate art or statute exists for counties without specific notification requirements. c 3 In ttd , , cn ` ,7 . E .C -re �ene-el s`t^ cL•C above , . � - x L-- - t reCu l res 'fret the owner of e C'e-ce I cf lend e n C a l l abl." i ns property awne`s, es shown on the county tax Ilstins, be notified of any emenoment , supplement or change to the zoning recule` iors� 191 and dlstrlot bouncerles. The not ifiottion rtst be celled :v first class mail to the lest actress I1stet for such owners on 'the county tax abstract_ . r,r �r,;e. _aunty Re,qu,i remertr Lend 1155 fJer Fnerslmerf- - Procedures for amending the Land Use Plan were adopted by the Commissioners on November 11 , 19E2. The procedures require a public hearing with a notice published at least twice in e newspaper having general circulation in the county. The notice must appear for two successive weeks with the first notice not less then 15 days nor more than 25 days before the date set for the hearing. Zju.iil. DrstlAmcp bfi1ertlmer±s - Article 20. 6 . 1 of the Zoning Ordinance requires a public hearing and advertisement of slime In accordance with C.S. 153A-323 . Zc,n l ng Atlas Amen dment c - Articles 20. 6.2 end 20.6 .3 of the Zoning Ordinance require the same public hearing end advertisement as for ordinance amendments. In addition, the affected property must be posted 10 days prior to the hearing. Furthermore, written notice must be sent by certified mail to the affected property owner and ell adjacent owners ( within 50D feet ) not less than 15 days prior to the hearing. This provision applies where a property owner petitions the County to change the Zoning Atlas. Where the County seeks to change the Atlas, notice must be sent by first class mall to the affected property owners end ell adjacent owners (within 500 feet) . P!err YP PAPAZ,ALSPA.0 i c l U;a e-m l`c -. Applications of this _ type are governed by Article E. 4.5 of the Zoning Ordinance. The public hearing, legal notice, property posting and owner . notification requirements are the same as for Zoning Ordinance/Atlas amendments. Bs1=1 ml .Ujpstmert - Special Use Permit or variance reouests before the Board of Adjustment must follow the same requirements es for Zoning Ordinance/Atlas amendments. (See Article 2.3 .3.4. ) ;yb,dly.i;ipr . gjalz'Inrc - Section "" VI I I-B-2 of the Subdivision Regulations requires that a public hearing be held on e+mendrieni _- t'o that ordinance. The hearing must be advertised once c wt•E:k for two consecutive weeks with the first advertisement appearing ' not less than 15 days prior to the hearing. The notice must be advertised in a newspaper having general circulation In the county. Qtjigr yr.d1j,tnc - The Soli Erosion and Sedimentation Control Ordinance and the Flood Demeoe Prevention Ordinance do not contain provisions which identify procedures for amendment . ' It has been the Planning Department ' s policy to use the provisions of G. S. 153A-323 as a guide In conducting and advertising public hearincs. • hriencr..ers -o edu I e cf Eu i I d i rg Fermir Fees erne -ne r eopptlon cf Su«^plemer-rry Building Code regulations elso tread the requirements of G . S . 153A-323. The eccption cf a R'lnimL0 Housing Code for Drenoe County followed the requirements set forth in G. S. 16Dh-36c . ( Same es G. S . 1 .3A-323 . peYomTen. _iPros Having completed this summary, I recommend the following: 1 . That the County seek to establish uniformity In its ordinance amendment procedures. Although there Is general consistency , there are variations In details. For example, one procedure may indicate "not less than 15 days prior to a hearing" while another may require "10 days" . I r. 11l recommend to the Ordinance Review Subcommittee . of the Planning board that they undertake, with Staff assistance, amendments which achieve this goal . 2. That a County policy governing public notifioetion be established. I will recommend to the Communications Subcommittee of the Planning Board that they undertake this task with Staff assistance. Should you require additional information, let me know . Marvin Collins Planning Director , • • • • • ORANGE COUNTY PLA_1N LN G DEP ARTM.E cI' ffi'-LSBOROtGH NORTH CAROLT?d l M E M O R A N D U M TO: Ordinance Review Committee FROM: Greg Szymik SUBJECT: Notification Requirements DATE: . March 31 , 1967 At the March 10, 1957 public hearing, Oranoe County residents expressed confusion about notification procedures for public hearings. The Chair of the Board of Commissioners • asked that County or.dlnances be reviewed to determine if there were inconsistencies in public notification procedures. Marvin Collins conducted that review and transmitted the results of that review in a memo dated March 11 , 1967 (copy attached) . • That memo made two recommendations. The first was to establish uniformity in the ordinance amendment procedures by amending the ordinances to eliminate minor inconsistencies. The response to that recommendation in the form' of proposed amendments to the Zoning Ordinance (Article 2.3.3) and to the Subdivision Reaulatlons ( Section VIII —B) Is attached. Please note that these amendments do not address the written notification procedures in The ordinances. written notification is now required for Zoning Atlas amendments, Special Use Permits, and Variances. It Is not required for ordinance text revisions. As indicated in the memo of March . 11th, in the second recommendation, expanding notification will require a policy decision to be made. Until the olic is established, we will not know whether ordinance revisions are needed or desired. PROPOSED ORDINANCE AMENDMENT 19q ORDINANCE : Subdivision Regulations REFERENCE: Section VIII -B Amendment Procedure ORIGIN OF AMENDMENT: x`Staff Planning Board_x-_BOCC Public Other: STAFF PRIORITY RECOMMENDATION: High_xi.Middle Low Comment : EXPECTED PUBLIC HEARING DATE: May 25, 1987 PURPOSE OF AMENDMENT: To revise Section VIII -B-2 of the Subdivision .Regulations making public notification procedures for ordinance amendments uniform among ordinances. IMPACTS/ ISSUES : The general public has been somewhat confused by different public notification procedures used to amend different County Ordinances. A review of amendment procedures used by the Planning Department has identified several minor inconsistencies in notification procedures. This amendment wilI eliminate one such inconsistency. Notification procedures for amendments to the Subdivision Regulations are contained in Section VIII of the Regulations. The time frame specified in this Section for publish- ing notices of public hearing in newspapers is not the same es similar requirements for amendments to the Zoning Ordinance contained in Article 20 of that ordinance. Section VIII -B-2 specifies that the notice should appear not less than 15 days prior to each hearing. Article 20.6 specifies not less than 10 days nor more than 25 days before the public hearing. Since the Subdivision Reoulations is an ordinance adopted by the Board of Commis- sloners, it is recommended that the Sub- division Regulations Amendment Section be amended to be made consistent with the requirements of GS 153A-323 and specify that the notice of public hearing appear not less than 10 days and not more than 25 days before the public hearing. EXISTING ORDINANCE PROVISIONS : VIII - B - 2. The Board of Commissioners and the Planning Board shall hold a joint public hearing on any proposed amendments to this ordinance, advertising such hearing once a .1 C week for two consecutive weeks with the first advertisement appearing not less than 15 days prior to each hearing, in a news- paper of general circulation in the county before taking action concerning proposed amendments. PROPOSED AMENDMENT: VIII - B - 2. The Board of Commissioners and the Planning Board shall hold a joint public hearing on any proposed amendments to this ordinance, advertising such hearing once a week for two consecutive weeks with the first advertisement appearing not less than ten ( 10 ) days nor more than twenty-five (25 ) days before the date set for the public hearing, in a newspaper of general circula- tion in the county before taking action concerning proposed amendments. r LI I 19t between "posting requirements" in Article 2 . 3 . 3 and Article 20 (Zoning Text/Atlas Amendments) . Currently, the property must be posted at least fifteen (15) days prior to the meeting date. The Planning Staff recommends approval of the proposed amendment. Jacobs asked why 10 days rather than 15 days is being proposed is being proposed as the uniform standard. Collins responded that the General Statutes require that an advertisement for a public hearing be advertised for the first time not less than 10 days or more than 25 days prior to the hearing and the 10 day standard is a minimum standard. Complaints have been received that there are so many variations between the administrative procedures and mechanisms of the Board, there needs to be more uniformity. Therefore, Staff felt that posting requirements for public hearings should be consistent throughout. There were no public comments. MOTION: Commissioner Hartwell moved, seconded by Commissioner Halkiotis, to refer this amendment to the Planning Board for recommendation to the Board of Commissioners on July 6, 1987 . VOTE: Unanimous. 5. Subdivision Regulations Text Amendments a. Section III-B-3 - Sketch Plan Review Staff presentation by Marvin Collins. Section III-B-3 of the Subdivision Regulations contains the procedure for Sketch Plan review of subdivision proposals. Unlike review provisions for Preliminary Plans and final Plats, no time limit is set for the validity of Planning Staff review of Sketch Plans. To prevent Planning Staff review of Sketch Plans from being considered a permanent approval, a revision of the regulations is proposed. The proposed revision places a time limit of one (1) year on the validity of the Planning Staff Sketch Plan comments and clarifies language in the regulations regarding the significance of the comments. Planning Staff recommends approval of the proposed amendment. There were no questions or comments. MOTION: Commissioner Carey moved, seconded by Commissioner Marshall, to refer this amendment to the Planning Board for recommendation to the Board of Commissioners on July 6, 1987. VOTE: Unanimous. b. Section VIII-B - Amendments 19i Staff presentation by Marvin ifY in Collins. Procedures for public notification for amendments to various County ordinances vary from ordinance to ordinance. To reduce confusion by the general public and to insure consistency, the public notification procedures for amendments to ordinances have been reviewed to identify inconsistencies. The proposed amendment to Section VIII-B would require that the first advertisement of a notice of public hearing regarding a proposed ordinance amendment appear in a newspaper not less than ten (10). and not more than twenty-five (25) days prior to the hearing. The amendment would provide uniformity between advertisement requirements in the Zoning Ordinance and the Subdivision Regulations. Currently, the first advertisement must appear in a newspaper not less than fifteen (15) days prior to the hearing. The Planning Staff recommends approval of the proposed amendment. There were no questions or comments. MOTION: Commissioner Marshall moved, seconded by Commissioner Carey, to refer this amendment to the Planning Board for recommendation to the Board of Commissioners on July 6, 1987 . VOTE: Unanimous. D. RESOLUTIONS OR PROCLAMATIONS 1. RAPE PREVENTION MONTH IN ORANGE COUNTY Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the proclamation as stated below: WHEREAS, rape and sexual assaults are violent crimes committed against females and males of all ages and economic groups; an WHEREAS, rape in Orange County has been one of the fastest growing violent crimes in recent years, with an average of 60 sexual assaults per year reported to the Orange County Rape Crisis Center; and WHEREAS, during 1986, 70 sexual assaults were reported in Orange County; and WHEREAS, rapes have been most frequently reported in the late summer months and are reported to be increasing on the college campus; and WHEREAS, there are precautions that can be taken to lessen the likelihood of sexual assaults, and the Rape Crisis Center, law enforcement and other social service agencies are providing training in self-protection; now THEREFORE, We, the Orange County Board of Commissioners in full recognition and appreciation of the efforts for the prevention of rape and sexual assault in Orange County, do hereby proclaim the month of June 1987 as RAPE PREVENTION MONTH IN ORANGE COUNTY North Carolina and do urge all citizens to seek preventive information and to educate their children as well. We urge all citizens and county, local and state agencies and organizations involved in the criminal justice system to devote special attention to the prevention of these crimes and to the needs of the victims. We urge all other agencies and TEITr-3 2 3 General Standards 8.2.2 19ts MOTION: Pilkey moved positive finding on Standard #1 . Seconded by Kramer. VOTE: Unanimous. MOTION: Kramer moved positive finding on Standard #2. Seconded by Yuhasz. VOTE: Unanimous. MOTION: Kramer moved positive finding on Standard #3 . Seconded by Pilkey. VOTE: Unanimous. Adjournment time was reached. MOTION: Pilkey moved extension of the meeting. Seconded by Eddieman VOTE: Unanimous. MOTION: Yuhasz moved approval of the application for Flowers Mobile Home Park - Planned Development with attached conditions as recommended by Planning Staff . Seconded by Pilkey. VOTE: Unanimous. c. Zoning Ordinance Text Amendments ( 1 ) Article 5. 1 . 1 ( 2) Article 2.3.3 d. Subdivision Regulations Text Amendments ( 1 ) Section III-B-3 (2) Section VIII-B MOTION: Best moved approval of the Zoning Ordinance Text Amendments and the Subdivision Regulations Text Amendments . Seconded by Pilkey. VOTE: Unanimous. AGENDA ITEM #9: PLANNING BOARD ITEMS Fairfield Estates Subdivision - Wayne Taylor ( added at applicant' s request) Presentation by Greg Szymik. Szymik noted that comments had not been received from the County Attorney, Erosion Control Officer and NCDOT within the time limit to place this item on this agenda. Mr. Taylor indicated he felt that there had been a communication problem with the planners in preparing his subdivision for presentation. O R A N G E C O U N T Y 19`1 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date July 6, 1207 Acttion �q a i. Item #(�_ SUBJECT: LITTLE RIVER TOWNSHIP LAND USE PLAN ( REFER TO 5-26-87 AND 6-1 -87 AGENDA PACKETS FOR BACKGROUND DATA) DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT( S) : INFORMATION CONTACT: Gene Bell 6/ 15/87 Planning Board Minutes 6/3/87 Little River TAC Minutes 6/ 1 /87 Public Hearing Minutes Statement from the City of Durham TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE : Consideration of a proposed amendment to the Little River Township component of the Land Use Plan. BACKGROUND: Work on the Little River Township Land Use Plan began in March 1986, with the re-activation of the Little River TAC. Since that time, twelve ( 12) TAC and public information meetings dealing with the plan and related issues have been held. The Draft Plan was presented at public hearing on June 1 , 1987 . The only comment received was from the City of Durham and concerned watershed protection in portions of the Flat and Little River drainage basins, both serving as water supply watersheds for the City of Durham. The Little River TAC met on June 3, 1987 and recommended approval of the proposed Plan with the following conditions : 1 . Inclusion of the Orange County Speedway as an activity node. (Unanimous vote) 2. Inclusion of Harris Crossroads Activity Node. ( 4 in favor, 4 opposed) 3 . Removal of Berry ' s Grove Activity Node. ( 5 in favor, 3 opposed) In separate action, the TAC requested that consideration of 4 implementation strategies not be limited solely to zoning. Other possibilities mentioned included programs of the Soil Conservation Service and a Watershed Protection Ordinance. The Orange County Planning Board met on June 15 , 19$7 and formulated the following recommendations: 1 . Recommended approval of the plan as presented with the exclusion of the Berry 's Grove activity node. (7 in favor, 1 opposed) . 2. Since there is currently no activity node designation with which the Orange County Speedway will comply, direct staff to perform further study and bring back as a Land Use Plan amendment, a recommendation for inclu- sion of the speedway as an activity node ( unanimous vote) . RECOMMENDATION: The Manager recommends approval of the Draft Land Use Plan for Little River Township as recommended by the Orange County Planning Board. Further study of the Orange County Speedway as an activity node is also recommended . instructed Ms. Walker to request from the County' s contingency fund` an additional $10, 000 into the General Assistance fund to provide housing, utility and other emergency needs for families in Orange County. The request is supported by the Inter-Faith Council and Ms. Marti Cook, Director of Social Services. Chair Marshall suggested and it was the consensus of the Board that because of the low balance in the County' s contingency fund that this request be reviewed during the budget session. This would be the General Assistance line item in the Social Services budget C. _ MINUTES Consideration of the March 24 , 1987 minutes was postponed to the next meeting. PUBLIC CHARGE Chair Marshall read the "Public Charge" as approved by the Board and as contained in the rules of procedures for the Board. PUBLIC HEARINGS (Continued from the May 26, 1987 Meeting) 1. LAND USE PLAN AMENDMENTS - LITTLE RIVER TOWNSHIP COMPONENT Staff presentation was made by Gene Bell. The presentation was made in three parts: the process; the existing plan; and the proposed plan and related issues. I. The Process The process began with the re-activation of TAC's in March 1986. Since that time there have been eleven meetings in Caldwell dealing with the Plan and related issues. Planning Staff identified four basic steps in updating the Land Use Plan. (1) A determination of existing conditions; (2) Analysis of trends; (3) Development of organizing concepts or guiding principles; and (4) Compilation of the Draft Plan. The four step process was typified by the following questions: (1) Where are we? (2) Where are we going? (3) Where do we want to go? (4) How do we get there? Having identified the steps in the process, Bell elaborated as follows: (1) Existing Conditions a) The staff conducted a survey of existing land use in Little River Township in December 1986. The results of the survey are tabulated on the bottom of page 16 of the agenda. (Attachment to these minutes on page ) 11) a TA\ -1 204 b) Existing conditions also identified and evaluated included the natural environment and constraints or opportunities posed by the conditions to growth. These areas included: - flood prone areas - steep slopes (> 15%) - poor soils severe percolation problems shallow depth to groundwater or bedrock poor load bearing capacity high plasticity (shrink/swell) c) Existing population patterns were determined by a count and identification of the location of dwellings in the land use survey. For this purpose, the township was divided into four parts using the main roads as dividing lines. The proportional distribution of dwelling unit distribution is as follows: North = 15% South = 42% East = 17% West = 26% (2) Trends Bell summarized development trends within the Township. Housing stock increased by almost one-third (576 units to 763) during the period 1980-85. Subdivided lots less than ten acres in size equaled 144 with an additional 84 lots in 1986. The distribution of these lots is north 11%, south 52%, east 21% and west 16%. During the period 1981-85, 15% of the land under Agriculture Use Value Taxation south of NC 57 and Guess Road was withdrawn from the program. Population increase from 1980-85 was 477 people or a 32% increase over 1980. The 1990 projection is slightly over 2300 residents in Little River Township or a 57% increase over 1980. This indicates that residential development has been the dominant form of development in Little River since 1980 and the majority of this development has been concentrated in the southern part of the township. (3) Residents Preferences/Concerns In an effort to determine the preferences and concerns of township residents, a questionnaire was distributed in December 1986. Returns were low (only 9) so an effort was made again in January 1987. The final tally was only 22 returns which . was insufficient to base hard and fast assumptions on, but the results were used as much as possible. Those concerns identified as problems by 2/3 or more of the respondents and used when drawing up the Draft 20 Plan were as follows: ff3, Growth of Durham to the northwest Loss of agricultural land Too much residential development Soil erosion Development in environmentally sensitive areas (4) Preparation of the Draft Plan In preparation of the Draft Plan, alternative forms the Plan could take were discussed. The following issues were focused on: 1) Protection of environmentally sensitive areas, i.e, assuming there is going to be more residential development, where is the best place for it given the environmentally sensitive areas discussed earlier. 2) Development Trends - What would the plan look like if development trends were used to determine new residential areas? 3) Citizen preferences - Using the responses from the questionnaires, where would residential and commercial areas be? Considering the existing plan along with the foregoing issues, Staff endeavored to use the best features of each to produce the Draft Plan. II. Existing Plan The following organizing concepts were used in doing the 1981 Plan. (1) Agricultural operations in the Township should be protected against disruption due to non-farm development. Residential development should be directed away from prime farm lands. (2) The rural, low-density residential character of the Township should be maintained. (3) The Caldwell and Schley areas exhibit the characteristics of a crossroads community within the Township, a character which should be enhanced. (4) A need for some commercial and industrial activities, especially agricultural support services, exists and should be accommodated. In the existing Plan, there is a large Rural Residential area designated along the Guess Road Corridor to Caldwell. There are also five activity nodes: two Rural Community Nodes (1/2 mile radius) at Caldwell and Schley and three Rural Neighborhood Nodes (1/4 mile radius) at Berry's Grove, Harris Crossroads and Underwood's Store. There is also a large area designated 21 1r �� Agricultural Residential. L7! III. Draft Plan The same organizing concepts were used as in the 1981 plan with the addition of the following: Existing water supply watersheds in the Township should be developed in a way that will minimize impacts on water quality and not conflict with agricultural uses. Bell noted concerns from questionnaires and indicated they were incorporated in the Plan as appropriate, considering the limited response. Bell explained the Plan beginning with the Rural Residential designation. He indicated it was scaled down in size from the 1981 Plan, and there are two primary areas. One is the southeastern part of the township which reflects historical development and the trends discussed earlier. The second is the central township area south of Caldwell and is based on the lack of environmental constraints, development trends previously discussed, and the general lack of agriculture. In both cases, the Staff has tried to orient Rural Residential on arterial highways to provide good access to Hillsborough and Durham and also around encroachment on the agricultural areas. Both of the areas are in general conformity with the questionnaire results. The Agricultural Residential areas are interspersed in existing agricultural areas. The primary use is residential although the lot size often exceeds ten acres. Some examples include the Worth Lutz property, Little River Ranches and Little River Farms. The agricultural areas are not so much a designation as a reflection of existing conditions. The areas shown as Agricultural on the Plan were identified through a combination of field survey and review of agriculture use value taxation files and include managed forest lands. Protection of agricultural lands in the Township is the first operating principle. By identifying them on the plan, it is easier to assess the potential impacts when adjacent areas are proposed for residential or other development and, at least to some extent, try to mitigate the potential impacts on the agricultural areas. Resource Protection Areas are composed of two limiting environmental features - flood prone areas and steep slopes (those more than 15%) . There are 1230 acres in flood prone areas and 470 acres with steep slopes in the Resource Protection Area, representing a total of 1700 acres (6% of the Township) . The arterial and collector road system serving the township has also been identified. The arterials include NC 57 and 157. Collectors include Guess Road, New Sharon Church Road, Schley 7P c7 .:� 1 .1 LIU U 29 Road and Little River Church Road. The road classifications have been shown because they serve as a guide in determining the location of Activity Nodes and Rural Residential Areas. Little River Township lies in two water supply watersheds. The northern part of the Township lies in the Flat River Watershed which flows to Lake Michie, the primary water supply for the City of Durham. The southern 80% of the Township lies in the Little River drainage basin which flows into the Little River Reservoir in Durham County. Bell indicated that Mr. Tom Bruce of the Water Resources Department for the City of Durham was available to address this item in more detail later in the meeting. Activity Nodes are the same as 1981 except for Harris Crossroads. A project that has generated a great deal of discussion and concern is Treyburn in north central Durham County. It is a 5200 acre mixed-use development. Over the next 20 - 25 years, a range of 20, 000 to 40, 000 jobs in Treyburn has been estimated. Approximately 4000 dwelling units are also proposed as part of Treyburn. The only use currently under construction at Treyburn is the Organon Teknika Plant to be fully operational by early 1988 . It will initially employ 400 - 500 people and by 1998 should have around 2000 employees. Construction is just beginning on the first 60 residential units which are on 80, 000 square foot lots with public water and sewer. Durham Research Properties estimates that ten years from now all residential development at Treyburn will be completed and there will be. 10, 000 - 15, 000 jobs. Further development at Treyburn is contingent upon upgrading the Eno Waste Treatment Plant. The current capacity is 2 . 5 MGD. If all improvements stay on schedule, a 10 MGD plant could be on line in 1991. The plant is currently the subject of an environmental impact statement, thus the 1991 date might not be correct. The best source for determining where residential demand generated by Treyburri will be strongest is the Traffic Impact Analysis prepared by Kimley-Horn & Associates of Raleigh. Their projections for traffic into and out of Treyburn are: north 20%, south 55%, east 10% and west 15%. The Planning Staff recommends approval of the amended text and map and incorporation into Section 3 .7 of the Land Use Plan. Following this hearing, the Little River TAC will meet to formulate a recommendation to the Planning Board. The Planning Board will meet on June 15 to consider TAC comments and formulate a recommendation to the Commissioners for their meeting on July 6, 1987. 2Ut ° G Tom Bruce of the City of Durham Department of Water Resources, stated that his department is responsible for the development, operation and maintenance of Durham' s water supply, water treatment and waste treatment facilities. He indicated that the City of Durham looks to the three rivers of the Upper Neuse Basin (Eno River, Flat River and Little River) for its water supply. Due to droughts in 1921 and 1922 , a dam was constructed on the Flat River which formed Lake Michie and has served as Durham City's and Durham County's primary water supply since 1926. He noted that in 1974, the City began planning for a reservoir on the Little River. He indicated that this project was nearly complete, and plans were to begin impounding water by late July of this year. In 1984 , the Durham City Council passed a Watershed Protection Ordinance for the protection of the Falls and Jordan Lakes as well as providing for the protection of Little River Reservoir and Lake Michie. Mr. Bruce continued that in December of 1985, the Durham City Council passed a resolution requesting that the Division of Environmental Management reclassify the Flat River and Little . River to the highest possible level of the new stream classification system which is WS-I and WS-II. The success of this request depends upon actions of Orange County, since most of these watersheds are located in Cedar Grove and Little River Townships. The reclassification is pending an investigation by the Division of Environmental Management. Mr. Bruce presented the request that Orange County designate the Flat River and Little River Watersheds in Orange County as water supply watersheds and provide the same level of protection currently provided for Lake Orange, Corporation Lake, Lake Ben. Johnson, Cane Creek, University Lake, and Seven Mile Creek. This would be in the best interests of Durham and Orange Counties. The Durham water system already serves Orange County along US 70 as well as having provided emergency water in Chapel Hill for OWASA. He continued that there is a potential interconnection with Hillsborough to serve Orange County citizens, and there may also be potential for separate water supply reservoirs on the north and south forks of Little River to serve Orange County directly. The City of Durham is cooperating with Durham County on the development of a watershed-wide study of the Lake Michie and Little River watersheds. One of the major inputs into the study will involve Orange County's long range plans for these watersheds. He asked that Orange County cooperate with Durham County as they move forward with this watershed study, noting that all information developed would be of interest to both Durham and Oramge Counties. Commissioner Hartwell stated that he felt it would be in the best interest of Orange County to help Durham protect its water supply, particularly. if Durham is going to reciprocate and make a long-term (longer than ten years) commitment to supply water. He continued that he also felt it would not be good. for Orange County to agree to protect that watershed in perpetuity and Durham set only a ten-year limit on water provision to Orange County. He indicated that was the status of the negotiations now with the Town of Hillsborough. He stated the two counties should work together and asked that the paper reflect that concern. Mr. Bruce indicated agreement with Commissioner Hartwell, noting that he had not been involved with the negotiations with the Town of Hillsborough so he did not know what had transpired thus far between Hillsborough and Durham. Planning Board member Peter Kramer asked the County Attorney to explain L Lij J the process for implementation of the Township Plan. Gledhill responded that the Plan would be implemented through the Subdivision Regulations and the Zoning Ordinance when zoning is applicable in the township. Kramer continued, asking about watershed protection. Gledhill responded that there are some watershed protection measures that are in the Subdivision Regulations, however, watershed protection measures must be implemented primarily through zoning regulations. Commissioner Hartwell spoke to Marvin Collins, Planning Director, indicating he wished to go on record publicly as being critical of the center at Underwoods, noting that he felt it was a disgrace to Orange County. He continued, stating that there was nothing in this Land Use Plan which helps deal with such a situation as Underwoods. Collins concurred. Hartwell continued, asking if there is anything in place at this time which could help deal with the situation, noting that he felt it is a threat to the health and safety of the community. Collins responded that there are no ordinances currently in place which the Planning Department enforces which would give Staff any means of addressing that situation. He continued that short of having a specific ordinance which addresses nuisances, there is nothing that could be done at this point. Barry Jacobs, Planning Board Chair, asked Gene Bell how closely the growth in Little River Township between 1981 and the present adhered to the Land Use Plan that was adopted in 1981. Bell responded that growth was predicted in the 1981 plan to occur at about 7 . 5% annually. The actual growth rate is slightly over 5%. Bell explained the growth rate, indicating there were fairly large lot sizes. Jacobs continued, asking what the gap was between the Subdivision Regulation and the Zoning Ordinance in regard to watershed protection. Bell responded that in the Subdivision Regulations, there are requirements for a 50 foot buffer on any perennial stream. In the Subdivision Regulations, there are no restrictions on uses of land in an unzoned area. A Zoning Ordinance would include a permitted use table and any uses not listed would not be permitted. Specific portions of the ordinance address watershed protection. Jacobs asked how density was regulated through the Subdivision Regulations. Bell responded that in the Subdivision Regulations, a lot in an unzoned township is required to have an area of 40, 000 sq. ft. Also, if this area were zoned, it would be zoned Protected Watershed. MOTION: Commissioner Hartwell moved, seconded by Commissioner Carey to refer the Little River Township Plan to the Planning Board for a recommendation to the Board of Commissioners on July 6, 1987. VOTE: Unanimous. 2 . PLANNED DEVELOPMENT APPLICATION - PD-1-87 FLOWERS MOBILE HOME PARK Staff presentation by Marvin Collins. This agenda item is to receive citizen comment on a proposed Planned Development - Mobile Home Park. Flowers Mobile Home Park is an existing park located in Eno Township on the west side of Mt. Hermon Church Road (SR 1812) . The proposed Planned Development - Mobile Home Park would be an expansion of the 2Ut SUMMARY OF LITTLE RIVER TOWNSHIP ADVISORY COUNCIL MEETING HELD IN CALDWELL ON JUNE 3, 1987 ATTENDANCE TAC MEMBERS: Steve Berry, Vice Chair Calvin Davis Frank Ferrell Tim McAller Sharon Whitmore Deanna Smith Karen Barrows Brad Walker PLANNING BOARD: Chris Best PLANNING STAFF : Gene Bell OTHERS: Barry Stakely The meeting was called to formulate a recommendation to the Planning Board on the DRAFT Little River Township Land Use Plan following the Public Hearing on June 1 , 1987 . A quorum was established at 7 :45 and the meeting began. Bell began by handing out copies of the statement presented at the public hearing by Mr. Tom Bruce of the Durham Water Resources Department. Chris Best stated that Durham was requesting that Orange County look at the Little River watershed as a protected area. A question was raised as to what watershed protection measures were currently in effect in Durham County. Bell presented a map which depicted Orange County, Durham County, the Little River watershed, and the portions of the watershed covered by the Durham County Zoning Ordinance. He briefly pointed out the Water Quality Critical Area adjacent to the reservoir which has a minimum residen- tial lot size of 80,000 square feet and then referenced the remainder of the watershed basin wherein the minimum lot size is 40,000 square feet. The basin area separates the Water Quality Critical Area from the Orange County line. Bell stated that lot size requirements in Little River were identical to those adjacent to the County line in Durham. He did, however, state that there was a prohibition on certain land uses in Durham County imposed by zoning that did not carry over into Orange County. He said that overall , the Durham County watershed standards were almost identical to the Orange County standards for the University Lake, Cane Creek, and Upper Eno Watersheds. SUMMARY OF LITTLE RIVER TAC MEETING 'a HELD IN CALDWELL ON JUNE 3, 1987 PAGE 2 Deanna Smith asked what types of measures might be taken in Little River Township to protect the watershed . Bell stated that zoning, as mentioned by the County Attorney at the Public Hearing, was the most commonly used method . He stated, however, that this wasn 't the only way and referenced a watershed protection ordinance as an alternative. In this respect, he mentioned Alamance County which does not currently have zoning . Calvin Davis mentioned a program of the Soil Conservation Service aimed at protecting water quality which is currently in effect in Little River. He stated that it was a 75% cost-sharing program wherein the SCS will pay up to 75% of the cost for farmers who implement protective measures such as converting cropland to grass and building ponds and basins to trap sediment. A general discussion ensued on the redistribution of Little River and Flat River water from Durham back to Orange County; in particular, the sale of such water to Chapel Hill and Hillsborough by the City of Durham. The development of additional water resources in Orange County was also dis- cussed. Chris Best mentioned the possible expansion of Corporation Lake along with the figures of $20 million dollars and 20 years to develop . Tim McAller asked if the watershed protection request by Durham had any bearing on the plan. Bell stated that it didn 't. Chris Best added that the watershed was now documented in the plan whereas it wasn 't before. Bell stated that the adoption of watershed protection measures would, however, be a means of implementing the plan. Deanna Smith asked if the TAC would be involved if watershed protection measures were considered for implementation. Bell stated that the TAC would be involved in essentially the same manner and time frame as with the plan update, i .e. , comment on proposals, public hearing, recommendation to the Planning Board, etc. Bell then stated that what the TAC needed to focus upon was the Draft Land Use Plan and what kind of recommendation they wanted to send to the Planning Board . He said that a secondary recommendation apart from the plan might be to consider an array of watershed protection measures such as the ones already discussed, i . e. , Soil Conservation Service, Watershed Protection Ordinance, Zoning, and Sedimentation and Erosion Control Ordinance. Bell stated that work was getting underway on an updated plan for Cedar Grove Township with the goal of going to Public Hearing in November. He stated that if implementation of watershed protection measures were to be recommended by the County Commissioners, it would be his SUMMARY OF LITTLE RIVER TAC MEETING HELD IN CALDWELL ON JUNE 3, 1987 2II.PAGE 3 recommendation that they be considered for Little River and Cedar Grove at the same time, rather than on a piecemeal basis. Karen Barrows asked about TAC involvement in the overall plan update process, stating that she thought the TAC would have had a greater role in the actual preparation of the plan. Bell stated that the primary task of the TAC was an advisory one and he thought this was the understanding of TAC members. He did state that he would welcome any time/assistance TAC members wanted to volunteer, however. Discussion then shifted to a recommendation for the Planning Board. Chris Best suggested such a recommendation might take the form, "Recommend that the Draft Plan go forward as presented. " He suggested a secondary motion might be to recommend further study on all viable implementation measures for watershed protection prior to adoption . Deanna Smith asked Bell if , overall , he saw anything wrong with the plan. Bell responded that he was comfortable with the plan, that he essentially saw it as a compromise of the various issues and concerns the TAC had been discussing for the past year. Bell did state that if an amendment application were received requesting reinstatement of the Harris Crossroads activity node, it would be difficult to deny since it was consistent with Plan Goals and Policies and met all locational requirements . The question was raised as to why the node was left out of the plan. Bell responded that there were three main reasons ; first, was to downplay the area from the standpoint of additional development from Durham, second, he stated he had not seen any real support for the node at previous meetings, and last, there was no existing commercial develop- ment at the node. Deanna Smith discussed briefly the pros and cons of keeping Harris Crossroads as an activity node. Steve Berry said that if it were left out of the plan now, the TAC had a voice as to whether or not it went back in later. Bell briefly mentioned what the process would be if a property owner in the area wanted to have the node reinstated later, i .e. , $120.00 application fee, one public hearing in February, etc. Brad Walker commented on the advisability of putting the node back in to address future growth patterns of commercial nodes . Frank Ferrell said the whole idea of the node strategy seemed to be the focusing of non-residential growth ; without Harris Crossroads additional growth would probably be going to Caldwell . SUMMARY OF LITTLE RIVER TAC MEETING 2 1 HELD IN CALDWELL ON JUNE 3, 1987 PAGE 4 Calvin Davis said it didn 't seem logical to leave Berry 's Grove in the plan and take our Harris Crossroads . General discussion on the Berry ' s Grove activity node and surrounding area ensued. Calvin Davis also mentioned the Orange County Speedway as a major activity center in the township that needed to be addressed by the plan. There was general agreement of TAC members on this suggestion. Chris Best said he had been keeping a list of items discussed by the TAC and suggested a show of hands on the various issues. The first issue was further study of watershed protec- tion measures . The TAC unanimously supported further study of all viable protective measures before one, or a combina- tion of measures was chosen to implement watershed pro- tection . The second issue was removal of the Berry ' s Grove activity node. Calvin Davis, Deanna Smith , and Brad Walker were opposed to removing the node. Karen Barrows, Frank Ferrell , Tim McAller, Steve Berry, and Sharon Whitmore favored its removal . The third issue was putting the Harris Crossroads activity node back into the plan. Deanna Smith felt that property owners in the node area should be consulted before a decision on leaving the node out was made. A period of general discussion on the node ensued. This included points raised in the earlier discussion on the node. Bell also discussed the implications of node status with and without zoning. After further discussion on the desirability/un- desirability of a node at Harris Crossroads, the TAC split on a recommendation. Calvin Davis, Deanna Smith , Brad Walker, and Karen Barrows favored putting the node back in the plan. Frank Ferrell , Tim McAller, Steve Berry, and Sharon Whitmore favored leaving the node out of the plan. Issue four was the inclusion of Orange County Speedway in the plan as an activity node or center. The TAC agreed unanimously on this. Chris Best suggested a general motion to recommend approval of the plan as submitted with the four issues attached as conditions. Bell suggested separate considera- tion of issue one, further study of watershed protection measures, since it dealt primarily with plan implementation. Bell also stated he thought the Planning Board might want to see a little more discussion on the rationale for leaving out the Berry's Grove activity node. SUMMARY OF LITTLE RIVER TAC MEETING HELD IN CALDWELL ON JUNE 3, 1987 2 J PAGE 5 Karen Barrows said it didn 't seem to fit the criteria for an activity node and Chris Best pointed out that Holly Ridge Road was not a collector road. Bell stated that the node was carried forward from the 1981 Land Use Plan. He also said that Holly Ridge Road was not identified as a collector road in the plan in either the listing of road classifications or on the map of road types. For these reasons, he felt the TAC had sufficient Justification for suggesting removal of the node. A motion was made by Deanna Smith and seconded by Brad Walker to: Recommend that the Plan go to the Planning Board as updated with the following conditions: ( 1 ) That the Orange County Speedway be included as an activity node in the update ( unanimous) ; (2) That the Harris Crossroads activity node be put back on the Land Use Plan update ( 4 in favor, 4 opposed) ; and (3) That the Berry 's Grove activity node be removed from the Land Use Plan update (5 in favor, 3 opposed) . The TAC voted unanimously on the motion. It was the consensus of the TAC that, as a related issue, the Planning Staff and Planning Board study all relevant watershed protection measures prior to any being chosen as a plan implementation strategy. In closing, Karen Barrows asked if there was a mechanism for dismissal of TAC members who repeatedly missed meetings . Bell stated that TAC operating guidelines did not address this and suggested that the Planning Board might want to consider amending the guidelines at their long-range meeting in July. The meeting adjourned at approximately 9: 15. aye p 1444 CITY OF DURHAM `= c.,� ` `�'° NORTH CAROLINA v° 18 69 a , a pyp 47p Department of Water Resources CAR eet/ May 27, 1987 CITY OF MEDICINE Orange County Board of Commissioners Honorable Shirley Marshall , Chair Hillsborough, North Carolina Madam Chair and Members of the Board : My name is A. T. Rolan. As Director of Water Resources for the City of Durham, I am responsible for the development, operation and maintenance of Durham' s water supply, water treat- ment and wastewater treatment facilities. I appreciate this opportunity to speak to you about watershed protection as it re- lates to the matter before you tonight. Since the very beginning of the development of a municipal water supply for Durham, the City has looked to the three rivers of the Upper Meuse Basin: Eno, Little and Flat Rivers. The first water supply for Durham was the Eno River and one of its tributaries, the Nancy Rhodes Branch in Durham County. In the early 1900' s, the Eno was abandoned as a water supply because of pollution in the river and a new supply was developed on the re- latively pristine Flat River. Later a dam was constructed on the Flat River to form Lake Michie which has served the citizens of Durham and some in Orange County for many years. In 1962, the City of Durham requested and was granted the reclassification of portions of the Eno and all of the Little River to the "A II" "water supply source" classification. ( See Attachment A: Council Resolution) In 1974, the City of Durham began planning for a new water supply reservoir on the Little River north of Durham. This project is now almost complete and will cost approximately $30 million. • In 1984, the City Council passed a Watershed Protection Ordinance for the protection of the Falls and Jordan Lakes as well as providing for the protection of Little River and Lake Michie once the City's jurisdiction might expand to include these lake watersheds. We also worked closely with Durham County on the development of a County Watershed Protection Ordinance in 1985. (See Attachments B and C: copies of both Ordinances. ) 101 CITY HALL PLAZA, DURHAM, NORTH CAROLINA 27701 (919) 683-4381 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Department of Water Resources 2r_ralLge County Board of Commissioners Page Two May 27, 1987 December 16, 1985, the City Council passed a Resolution requesting the Division of Environmental Management (DEM) to re- classify the Flat River and Little River to the highest possible level (WS I or WS II ) under the new stream classification system. (See attachment D. ) The success of this request will depend very much on the actions of Orange County since much of these watersheds are located in the Cedar Grove and Little River town- ships of Orange County. Particularly important to this request is the development of local land management programs to control non-point sources of pollution. We would like to request that Orange County designate the Little River and Flat River Water- sheds in Orange County as "Water Supply Watersheds" and provide the same level of protection currently provided for Lake Orange, Corporate Lake, Lake Ben Johnson, Cane Creek, University Lake and Seven Mile Creek. I think this would be in the best interest of Durham and Orange County. The Durham water system already serves Orange County citizens along U. S. 70 as well as having provided emergency water to Chapel Hill-/OWASA in the past and with potential interconnection with Hillsborough in the future; the potential of Orange County citizens drinking Little River water is imminent. There may also be potential for separate water supply reservoirs on the North and South Forks of Little River to serve Orange County directly. Finally, the City of Durham is cooperating with Durham County on the development of a watershed wide study for the Lake Michie and Little River Watersheds. One of the major inputs into this study will involve collecting information on Orange County' s existing conditions and long range plans for these watersheds. I would hope that Orange County would cooperate with Durham County as they move forward with this study. I am sure the information developed will be of interest to all parties concerned. Any help you can provide in protecting this outstanding resource for the future citizens of Orange and Durham Counties will be greatly appreciated. CA & TV tration of the Town ' s Subdivision Regulations . He asked Collins to inform the Board of the County ' s response to the Town of Hillsborough . Collins informed the Board that the Manager had recommended and the Board of Commissioners had approved the following : That the Town of Hillsborough be informed that Orange County will agree to relinquish administration and enforcement of its Subdivision Regulations within the Town limits and extraterritorial zoning jurisdiction upon adoption of the Town ' s subdivision regulations under the following conditions : 1 ) The Town provides Orange County with the oppor- tunity to review and comment on the proposed regulations prior to adoption; and 2) The Town adopts and incorporates into its zoning ordinance and subdivision regulations design standards applicable within the Major Transporta- tion Corridors of 1 -85 and 1-40 and which meet, as a minimum, the Recommendations for Basic Design Stadards along Interstate 40 as prepared by the I - 40 Subcommittee of the TJCOG Image Task Force. Collins indicated that such a policy had been used successfully in such jurisdictions as Wake County. The condition of release is that the community adopt the appropriate set of standards . Jacobs asked the status of the sludge questions presented to OWASA. Collins responded that Albert Kittrell , Assistant County Manager, will be preparing a report for the Commissioners consideration from information in the Planning Department, residents of Bingham Township and OWASA. Pilkey indicated there is a need to investigate sludge in Hillsborough as well as Bingham and the remainder of Orange County. Jacobs reminded Board members of the public hearing continuation on Wildwood to be held at the Commis- sioners meeting on June 16 . AGENDA ITEM #8: MATTERS FOR PUBLIC HEARING (5-26-87) 1 a. Little River Township Land Use Plan Presenation by Gene Bell . The Draft Plan was presented at public hearing on June 1 , 1987 . The only comment received was from the City of Durham and concerned watersehd protection in portions of the Flat and Little River drainage 2 ? 11) 1:■\ 11 If 16 basins , both of which provide drinking water for the City of Durham. The Little River TAC met on June 3 and formulated the following recommendation: The Little River TAC recommends approval of the Plan as presented with the following conditions : 1 ) Inclusion of the Orange County Speedway as a Activity Node. (Unanimous vote) 2) Inclusion of Harris Crossroads Actity Node. ( 4 in favor, 4 opposed) 3) Removal of Berry 's Grove Activity Node. (5 in favor, 3 opposed) In separate action, the TAC requested that consider- ation of implementation strategies not be limited solely to zoning. Other possibilities mentioned included programs of the Soil Conservation Service and a Watershed Protection Ordinance. The Planning Staff recommends approval of the Draft Land Use Plan for Little River as recommended by the Little River TAC with the exception of condition #1 . There is currently no activity node designation with which the Orange County Speedway will comply. Further study and a proposed Land Use Plan amendment will be needed to implement the recommendation. The Board of Commissioners is scheduled to render a decision on the Draft Plan on July 6, 1987 . Yuhasz expressed a concern that the projections for Little River Township residential growth in the five year period specified is too low. He felt it was a plan for no growth . He felt the Planning Board should concentrate on a land use plan that will realistically allow the direction of growth to Little River Township. He indicated that he felt the area designated for growth in the 1981 Land Use Plan is that area that should still be so designated. Bell stated that he felt that Little River and Cedar Grove should be addressed at the same time in terms of implementation strategy. He indicated that work is already in progress on Cedar Grove Township with the expectation of presentation at public hearing in November. The major portion of Cedar Grove Township also Iles in water supply watersheds . MOTION: Best moved that the Little River Land Use Plan Update be forwarded to the Commissioners for approval with the following conditions : - that the Harris Crossroads Activity Node not be If 217. 17 reinstated ; and - that the Berry 's Grove Activity Node be deleted. Seconded by Kramer. VOTE: 7 in favor. 1 opposed (Yuhasz) . MOTION: Best moved that Staff pursue a Land Use Plan amendment to create an appropriate designation for Orange County Speedway. Seconded by Yuhasz . VOTE: Unanimous . Best requested that regulation of TAC attendance be included on the July Long Range Planning Meeting. Torgan indicated a change in TAC Bylaws could address TAC attendance. b . PD-1 -87 Flowers Mobile Home Park Presentation by Marvin Collins . This item was presented at public hearing on May 26 and June 1 , 1987 . Flowers Mobile Home Park is an existing park located in Eno Township on the west side of Mt. Hermon Church Road ( SR 1812) . The proposed Planned Development - Mobile Home Park would be an expansion of the existing park, involving the addition of 25 mobile home spaces to 43 existing units. The tract on which the park addition is to be located consists of 25 acres west of and adjacent to the existing park. The property is currently zoned Residential -1 ( R-1 ) and is designated Rural Residential in the Land Use Plan. The property is also located in the Major Transportation Corridor (MTC) adjacent to 1-85 . The requested designation is PD-MHP-R-1 which requires the approval of a Special Use Permit and compliance with specific development standards for mobile home parks and planned developments in general . The application is the first to be considered which employs the new mobile home park standards adopted in March, 1987 . Article 8.2.2 of the Zoning Ordinance states that where a preponderance of evidence indicates compliance with the general standards, specific rules governing the specific use, and that the use complies with all required regulations and standards, the application must be approved unless it is found, in some specific manner, that: 1 . The use will not promote the public health, safety and r O R A N G E C O U N T Y 21 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date July 6, 1987 Action en Item SUBJECT: UPDATE METHODOLOGY - LAND USE PLAN TOWNSHIP COMPONENTS DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT( S) : INFORMATION CONTACT: Marvin Collins Work Plan - Little River Township Land Use Plan Update TELEPHONE NUMBERS : Hillsborough - 732-8181 • Durham - 688-7331 Mebane - 227-2031 Chapel HIII - 968-4501 PURPOSE: Consideration of methodology to be employed in updating the township components of the Orange County Land Use Plan. BACKGROUND: Work commenced in March, 1986, on updating the Orange County Land Use Plan. The strategy to be employed is a township-by-township plan update, followed by the county plan update which incorporates the individual township components. The strategy permits the Planning Staff to work with each Township Advisory Council in identifying local issues and preparing a plan which addresses those issues. The first township component completed was for Little River Township. Preparation of the township component update involved 10 steps as shown on the attached Work Plan for Little River Township. The Planning Staff has initiated work in two other townships - Cedar Grove and Bingham - and recommends the continued use of the methodology in the remaining six townships. RECOMMENDATION: The Manager recommends that the methodology used in updating the Little River Township Land Use Plan Component be employed in updating the components for other townships. c. =, I T I a l a ▪ a f- 219 I Ia1 a1 a1 alai W I = I I I I 1 1 1 I I . rc I I I F CI CO I I I I I I I Ci F F• I O I I I I I 1 F G I I I I ! I 4 ,--1 I I I g . �. 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I C = • 1* t 6,V.. m� I_F.7 g !!01 a C `n 17w OP d OP 4.D Ci o I F ORANGE COUNTY 22y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date 4u l y 4 1987 Action c2e da Item L1. SUBJECT: SUNSET RIDGE SECTION II - PRELIMINARY ACTION BY: July 6 , 1987 DEPARTMENT: PLANNING PUBLIC HEARING __Yes XV No Attachment( s) Information Contact: Eddie Kirk Checklist Vicinity Map Preliminary Plan Certification Agency Letters Preliminary Plan ( See 6-1 -87 Agenda) Draft Planning Board Minutes (5-18-87) Mebane Planning Board Comments Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of the Preliminary Plan for Section II -Sunset Ridge Subdivision. BACKGROUND: The property is located in Cheeks Township south of West Lebanon Road ( SR 1306) between Mill Creek Road and Doe Run Road. There are 38 lots proposed out of 45 .02 acres with an average lot size of 1 .03 acres. The property is zoned Rural Residential ( R-1 ) and is designated Rural Residential in the Land Use Plan. All applicable agencies have reviewed and commented on the application. The developer proposes public roads to be constructed to State standards . The Planning Board first reviewed the Preliminary Plan for this subdivision on April 27, 1987 . The Planning Board vote at that meeting resulted in a 4-4 tie. Reasons cited by those who voted denial were: 1 . Additional efforts to obtain Town of Mebane comments concerning their position regarding Orange County action on a subdivision in the City Lake watershed. 2. A desire to see how the Homeowner ' s Association would address maintenance of the proposed detention ponds. 2 J 3 . Information from Warren Faircloth regarding detention ponds . The applicant agreed to make efforts to address these concerns . With the applicant' s consent, the Planning Board agreed to re-hear the Preliminary Plan request at its May 18, 1987 meeting. Subsequently, the Planning Board recommended approval of the Preliminary Plan for Sunset Ridge - Section II subject to the following conditions : ( 1 ) Revision of preliminary plan or provision of separate landscape plan identifying stands of existing trees and those trees to be preserved upon project completion, specifying location, species, and approximate size. ( 2) Provide typical landscaping detail plans in accordance with Section IV-B-8-c of the Subdivision Regulations for those areas where existing landscaping is not available. ( 3) Submittal to and approval by the County Attorney of covenants and restrictions, articles of incorporation and/or by- laws for the homeowners association that will govern the maintenance and control of the common areas . The homeowners association agreement shall be submitted to the Planning Board prior to final plat approval and shall spell out maintenance recommendations from the County Erosion Control Officer and shall specify that the developer will contribute to the homeowners association in accordance with the number of lots the developer owns . (4) Lots 1 , 8, 21 , 33, 34, 37 and 38 must be combined with other lots or labeled as of restricted development potential as required by Section III-E-5-e of the Subdivision Regulations. If labeled, an instrument must also be recorded with the Final Plat which describes the restricted lots by metes and bounds . (5 ) Prior to final approval , the Orange County Planning Board reserves the right to review and make additional conditions based on courtesy review recommendations from the Town of Mebane Planning Board . At the Board of Commissioners June 1 , 1987 meeting, a decision was postponed until the recommendations of the Mebane Planning Board were received. On June 8, 1987 , the Mebane Planning Board reviewed the Preliminary Plan for Sunset Ridge - Section II . No action was taken by the Board with regard to specific recommendations . RECOMMENDATION: The Manager recommends approval of the preliminary plan with conditions 1 -4 as recommended by the Planning Board. PLA5i T?7E OR PRINT ( INK ONLY) t1/E5 226.r APB T ATTDN OR *VT APDR VA ORANGE COUNTY DATE: a2 —a 'I—G ? SUBDIVISION NAME: S u h5 r* R In p e= LOCATION: •..s DC • - I.%�G 1 u r ��. : 1 l C,ri _ nn - Lem 0.. 0 OWNER/DEVELOP ER : , Zc..•v.cs T`c...e f rcG`da-.,n44 / Lis q PA r v-1 kc�.vv., ADDRESS: e / TELEPHONE NO 73 - io /s 1 AGENT/CONTACT: I....i_S Q .r,ha re-1 TELEPHONE NO . : "7 3 I7~--lo I p -'13 Z.- 41 1 A. SUMMARY INFORMATION: Orange County Tax Map 6 Block Lots) 45 Township Chee i Zoning Dietrict (s) : RL „ro_I iVg,� n r. -4-ice I Total Number of Acres : �,/ Total Number of Leta : 3 Average Z__a Lot Size : e=, Minimum Lot Size 411.0. r.., Number/Type of Structures : (existing) • hone_ Lineal Feet in Streets : A ..(prnpvaed) none.none.poise Su 1 trea in .Open 5paca pp y: Pub lic lap ecify) Community X Individual Wastewater Dispasa1: Pub lic(epecify) Communit Schco 1 District: wc-.e y Inds vi due t Pi e General Land Uses in Area : ea -ie.n ` /H D7 strict : CriticaL Arenas : stream/dreinag sways ' flood prone a �retarahed( s spool prone areas other(imp lei n) p y historic sites B . Alt plats must be submitted an sheet no smaller than one inch equals two— hundred feet (10=200 ' 3 end. no larger than one inch aqua is fifty feet (t "=50 ' ) and must contain the following information : *limp,v/o10o a.oe :" - : w•w• of o•n•r(al by Wing •attest Llnra -heck :tams n•oa bf is:'%;.:3 by notation or trP+b•l lot x,; 22 i. • ' C . OTHER SUBMITTAL REQUIREMENTS : 1 . Twenty-six (2E ) 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 Letter from the Orange County Health Department certifying the proposed wastewater system for each lot . I , the applicant, hereby certify that the foregoing application is complete and accurate . I understand that a $210.00 fee ( subdivisions of 15 lots or less) or a $370 .00 fee (subdivisions of 16 lots or more) is due at the time of application . A $5.00 per lot fee is due at the time the final. presented for recordation . e Plat i s APPZ CANT 'S SIGNATURE . R-: z W39 — OWNER 'S SIGNATURE eZia---0.; 9 12- 47/8 -7 DATE DATE / l FEES: Amount 1370. bate Paid 'F-2-P7 Receipt f7 44 • "' , ,•In, 1 . - 7 - I V • J - t . . . ,. • _.-- .,-,.„. . ..-, , ......'ai,41... '-- . ..'L. '.... ' 6'1°7---j :: 2 2..e .... ".--• ''' if.-- --4";' __....-- ,.I": ,,,,,. -,--..,,... --_,--_.......wii. -,-.--.1..z...--........-,-,:.4. ....I.r.. ....1_ '• •.,... - I • _,a,,,,........- :.1,.-....:.7 ------. - - - --..,-.AA- -z-- - • -: , .:- --it, ff• :, ig,....A.z. . ..,.r.-...-, _ IC . ----z --•- $741 - SUNSET RIDGE PHASE _,.., _._ .... ..„ ,...1 ,....•_,,A., P--: •-. m, .d. • • - , -'+01M ''5.7 ' . . „._ - . „7 •l= •-,'-':7..• • . 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"EL^ -''''.''''-T.:-:.v.',.•=....tiz,• sPg..c.:-.7.'....-r•• - •-• ',. ' •: ; - ..,1.- sr,....;....-..,...s.=.r.,..10`..,... .1....;...„7"1..,e_:''0"' VW .77:1f!-•:,•••••••4: z• r: ....^.,...TY.;74 1-. .• •- -...• :;'•. 1...t.7.P.:- s 07 de ". . - .01!1.111;4- .e. deee--.172-'-'-m-...,,,. .-._--.-----1- -=....;:--ft,74..;.-TiV....,_- . _ ..: .:':.--...• •-• - -......v,,,..-.7.-. qz-, .-.7:--- _:. ...1.;..:. r-Y: ..., __. .•''''Z it • •. .. ....We....i..-■,.; ?...17' -. .1J . . •a1C-•.,:4-"1". -,- .,-. .::: . -... . . I.../ . . - ... .- _ .. _ • ...?....- - .r.; A o'7.441.:-•'.4,i-r_Nr .,ttY7'...04.-zt.:7-, -;c. ...-.4-1., :.. - 1 - Illib- .. _ ... 1. ,. 2 ' SECTION II SUNSET RIDGE SUBDIVISION 11/85 CEETIEICATIOE_ALL.-APPR(a6LZ_=_E8ELIMINA8Y_PLAI STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN: Received 1 -15-87 Reviewed 1`21-87 PRELIMINARY PLAT: Received 3-2-87 Reviewed 3-14-87 REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE 3-20-87 J. M. Mills SCHOOL BOARD (Orange/Chapel Hill-Carrboro) : DATE 3-1 187__ CERTIFICATION_ UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE 3-5-P7 Certification Health Dept. OTHER: Recreation Advisory Council (Date) Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro (Date) Hillsborough (Date) Durham (Date) Other Town of Mebane L_1n_8 Erosion Control Officer L-1;_u_i{-�? (Date) 4-27-87 Planning Board action deferred. PLANNING BOARD: Date Approval Approval with Conditions Denial BOARD OF COMMISSIONERS: Date ___ __ Approval Approval with Co nditions �__ Denial _,___ %AT 4 .y/-rte*. .. =Of STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G.MARTIN March 20, 1967 DIVISION OF HIGHWAYS GOVERNOR JAMES E.HARRINGTON GEORGE E.WELLS. P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Mr. Eddie Kirk Orange County Planning Department 106 East Margaret Lane Billsborough, NC 27278 Subject`: Sunset Ridge II Subdivision Off SR 1306 (Lebanon Road) Dear Mr. Kirk: Please be advised the preliminary plan of the subject development is approved. For final approval, please submit the following: . 1. Drainage plans. 2, Vertical alignment and horizontal curve data. If you have further questions regarding this development, please let me know. -"iours very truly, . M. Mills DISTRICT ENGINEER .IMM/SPI:jbh • An Eoual ODDortunity/Affirmative Action Employer • Z Z fVIr PrCH r-k-e.....17 . ...... .4.- .., .. . —I • ,4 • 231 5 TEMPORV Cot:De-SAC ■&( Z lit . . - &;Ate — • Z 1-5.• • P - 0 CP 40 0 0 0 J • • ...!.4 \ 0.. r - . - 0 0 -.-... _ •-., _::::;,14,1: .c1z- I i CON s'... ,...... — \ '- , 7 : t ■:. 0 k -4' Pt'771/[i.; \. 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' .\ \ \• , \ . ' r- 0 _ ______ „ __-------:. . „ , ., , , , / ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 2 3 4. MEMORANDUM TO: Eddie Kirk, Planner FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Sunset Ridge Subdivision Section II . DATE: April 15, 1987 The stormwater management plan for this subdivision proposes to meet the Ordinance requirements using "wet" detention ponds. These three ponds will filter runoff from the site, trap the pollutants, and the biological activity in the ponds will break down many of the pollutants. Detention ponds are necessary for this subdivision because of its location adjacent to the water supply for the Town of Mebane. The plan for this subdivision meets the Ordinance requirements. • • 23c C.Brooks Gardner. V.Infort of ,.i' rh n c Elaine J.Hocks Tow Cr*/Fmwwr►Offr►. CIARTERED IN 1887 bcrn.ee0.Wuaon ry Calinunr Mebane, N. C. 27302 Grady Cam mom te.r/nf Pow. Richard L.French,r«..As•a.R.. Timothy B►adiey Caw/Pow Dom. Groat: Delmar Lankford Donald B.Laws Kiwi(Wow.,Dwww. William R.Hupman.Jr. Paul Young )amn A jpbe.jr. Caw/ Erereiee Fender Decor Hoare j`ss`Ri" April 10, 1987 Mr. Eddie Kirk Orange County Planning Department 106 E. Margaret Lane Hillsborough, NC 27278 Dear Mr. Kirk: This is to advise that the City of Mebane has reviewed plans for Sunset Ridge Subdivision proposed to be located off Lebanon Church Road and find the majority of the sub- division to be located outside our present extraterritorial zone, and we further find that the area will be located totally outside our jurisdiction if a proposed map showing redefined extraterritorial boundaries which follows lot lines is adopted by the City Council at a Public hearing to be held on May 4, 1987. Thereby, upon the advice of City Attorney Charles Bateman, the City of Mebane relinquishes any control over the proposed subdivision. Sincerely, /1.1.:"Lki-b11-11"ii Elaine J. Hicks Acting City Manager 23q TO: ORANGE COUNTY PLANNING BOARD MEMBERS ry In order to give some background to our attempts to receive comment from the Town Of Mebane, I will briefly chronicle our efforts to keep the Town aware of the proposed Sunset Ridge Subdivision. August 1986- Meeting with Paul Young (Zoning Manager of the Town of Mebane) to show him plans for Sunset Ridge I, drove to the site and showed him approximate boundaries. • March 1987- Meeting with Paul Young to give him plans for Sunset Ridge II. He was also given storm water management plans and asked to review these and let us know if there were any questions or concerns. April 1987- Met with Elaine Hicks;Acting !Town Manager. (Mr Young was out with medical problems. ) We requested a letter from the Town of Mebane asking for comment on the proposed subdivision. April 10,_=;;7Elaine Hicks writes letter stating Sunset Ridge is or will be out of 1987 their jurisdiction. May 1, - Meeting with Paul Young to request additional comment on subdivision. 1987 Presented him with a revised storm water management program which contained wet ponds instead of dry retention basins as per the suggestions of Warren Faircloth. May 8, Talked with Mr. Young who indicated that he would not be writing an 1987 additional letter as he felt that the subdivision was not in his jurisdiction. He did say he would write a statement indicating.' that the Town of Mebane receives its water from Quaker Lake in Graham. Lisa Pakenham Developer Sunset Ridge Subdivision 2c The Town of Mebane has Quaker Lake as its primary water source. is a secondary source. e• Lake Michael Rober son Manager( . ,o f Mebane Ct� ) Da e • • • _ I It is the intent of the developers of Sunset Ridge Subdivision that the Homeowners Association be responsible for the upkeep and intene of the retention basins. �c • Lisa Pakenham Developer - Date ORANGE COUNTY PLANNING DEPARTMENT 2 3 r 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 flif r„ M E M O R A N D U M 0 TO: ORANGE COUNTY BOARD OF COMMISSIONERS FROM: ORANGE COUNTY PLANNING STAFF SUBJECT: MEBANE PLANNING BOARD COMMENTS ON SUNSET RIDGE, SECTION II - PRELIMINARY PLAN DATE: JUNE 9, 1987 The preliminary plan for Sunset Ridge Section II was submitted to the Town of Mebane for its review. The location of the subdivision in the watershed of Mebane City Lake, a back-up water supply for Mebane, was of particular concern to the Orange County Planning Board. They wanted to be sure that Mebane had an opportunity to comment on the proposal . The Mebane Planning Board reviewed the preliminary plan at its June 8, 1987 meeting. Robert Wilson, Town Manager, told the Planning Board why the subdivision had been sub- mitted for their review. The Chairman of the Planning Board opened the floor to questions and comments. Greg Szymik from the Orange County Planning Department was present to answer questions . There were two questions . The first was whether Sunset Ridge Section I was submitted to Mebane for review. The Town Manager replied that it had and that the Town had provided no comment since it was located beyond the Town extraterritorial Jurisdiction. The second question was whether the stormwater management plan met Orange County requirements. Szymik responded that the Orange County Soil Erosion and Sedimen- tation Control Officer, Warren Faircloth had reviewed and approved the stormwater management plan. There were no further questions. The Chairman of the Mebane Planning Board expressed his appreciation for the opportunity to review the preliminary plan. He said that no action would be taken by the Board, but that the Board discussion would be recorded in the minutes of the meeting. The Board then proceeded to the next item on the agenda. 2 3 Preliminary Plan have been complied with . The Planning Staff recommends approval of the Final Plat. MOTION: Best moved approval . Seconded by Walters . VOTE: Unanimous . c. Sunset Ridge - Preliminary Plat ( Cheeks Township) Presentation by Kirk . The property is located in Cheeks Township south of West Lebanon Road ( SR 1306) between Mill Creek Road and Doe Run Road. There are 38 lots proposed out of 45 . 02 acres with an average lot size of 1 . 03 acres . property is zoned Rural Residential ( R-1 ) and The designated Rural Residential in the Land Use Plan . All applicable agencies have reviewed and commented on the application . The developer proposes public roads to be constructed to State standards . A 1985 traffic count on SR 1306 (West Lebanon Road) indicated 700 trips per da just west of SR 1342 ( Frazier Road) . y Ridge, approved by the Planning Board on o will generate 140 trips per day. Section II will generate approximately 302 trips per day. The Planning Board first reviewed the Preliminary Plan for this subdivision on April 27 , 1987 . The Planning Board vote at that meeting resulted in a 4-4 tie. Reasons cited by those who voted denial were: 1 . Additional efforts to obtain Town of Mebane comments concerning their position regarding Orange County action on a subdivision in the City Lake watershed. 2. A desire to see how the Homeowner' s would address maintenance of the proposed detention ponds. 3. Information from Warren Faircloth regarding detention ponds . The applicant agreed to make efforts to address these concerns . With the applicant ' s consent, the Planning Board agreed to re-hear the Preliminary Plan request at its May 18, 1987 meeting . The Planning Department recommends approval of the n I 2 4 Preliminary Plan for Sunset Ridge - Section II subject to the following conditions : ( 1 ) Revision of preliminary plan or separate landscape plan identifying rostands of existing trees and those trees to be preserved upon project completion, specifying location, species, and approximate size. (2) Provide typical landscaping detail plans in accordance with Section IV-B-8-c of the Subdivision Regulations for those areas where existing landscaping is not available . (3) Submittal to and approval by the County Attorney of covenants and restrictions, articles incorporation and/or by r laws homeowner s association that will govern the maintenance and control of the common area ( lot 9) . ( 4) Setback lines must be denoted as such on lots . (5) Lots 1 , 8, 21 , 33, 34, 37 and 38 must be combined with other lots or labeled as of restricted development potential as required by Section III -E 5-e of the Subdivision Regulations . If labeled, an instrument must also be recorded with the Final Plat which describes the restricted lots by metes and bounds . (6 ) Provide notations on plat regarding temporary cul de-sacs similar to those required by NCDOT for San- Reba Woods . The application for preliminary subdivision lan approval was reviewed on March 2, 1987 . The 85 p day review period expires on May 26, 1987 . Jacobs informed the Board that he had spoken with Robert Wilson, the Town Manager of Mebane about the maintenance responsibility of detention ponds that would involve the Town of Mebane water supply. He indicated that Mr. Wilson would like to present this subdivision to the Town of Mebane Planning Board on June 8, 1987 . Warren Faircloth, Soil and Erosion Officer, spoke to the concern of maintenance responsibility of the deten- tion pond. He indicated that maintenance for such a detention pond as the one in this subdivision is low and sediment accumulation is small . Faircloth continued that Orange County has no specific require- ments for the maintenance of detention ponds . He noted also, that Lake Michael is no longer the primary water supply for the Town of Mebane . 21 5 L Walters indicated the desire to the Information presented and designate pmaintenancewlof the detention ponds since Lake Michael is a recreation area with the need for erosion and sediment control . Lisa Packenham stated that Mr. Wilson had indicated that the pumps had been removed from Lake Michael and it is no longer the primary water supply for the Town of Mebane. Jacobs stated that Mr. Wilson indicated that he welcomed the opportunity for his board to participate in the courtesy review process . Discussion followed concerning the point at which maintenance of the detention ponds would released to the Homeowners Association . It seemed to be the consensus of the Board, and agreed to by the developer, that the developer would be completely responsible for the maintenance of the ponds until the 20th lot was sold and then be released to the Homeowners Association . The developer would be a member of the association as owner of the remaining lots and thus share in maintenance responsibility . There were questions regarding NCDOT' s conditions before final approval . Kirk responded that the final plat will have NCDOT stamp when presented to the Planning Board which indicates that NCDOT conditions have been met. Margison inquired if requirements for maintenance of the detention ponds had been established . responded that these could be added as rtcoof of condition #3 and he also wished to add a condition regarding courtesy review recommendations from the Town of Mebane. Jacobs stated he would like to see samples of some Homeowners Association agreements in order to inform the public better of the purpose of the associations and the responsibilities involved when signing such an agreement. By consensus, the Board added the following statement to Condition 13 : The homeowners association agreement shall be submitted to the Planning Board prior to final plat approval and shall spell out maintenance recommendations from the County Erosion Control Officer and shall specify that the developer will contribute to the homeowners associ - ation in accordance with the number of lots the developer owns . 24i 6 Also, by consensus, the following condition was added : Prior to final approval , the Orange County Planning Board reserves the right to review and make additional conditions based on courtesy review recommendations from the Town of Mebane Planning Board . Conditions #4 and #6 were deleted ( having already be met on the revised plat) . MOTION: Walters moved approval of the Preliminary Plan for Sunset Ridge Section 11 with the changes in conditions . Seconded by Eddleman . VOTE: Unanimous . d. Gatemoore - Preliminary Plat (Town of Hillsborough ) Presentation by Kirk . The property is located in Hillsborough Township on the north side of Oakdale Drive ( SR 1133) . It is zoned R 15 in the Town of Hillsborough ' s jurisdiction . The owner Is proposing public roads to be constructed to state standards . There are thirty-seven (37 ) lots proposed out of a 19 . 82 acre tract. Each lot is 15 , 000 sq . ft. or larger. Hillsborough water and sewer is proposed for the tract. The Land Use Plan designation is 10 year transition for this area. A 1985 traffic count on Oakdale Drive indicated 1300 trips per day east of SR 1006 ( Orange Grove Road) . Using 9 .51 trips per day per residence, an additional 352 trips per day would be generated on Oakdale Drive. All applicable agencies have reviewed and commented on the application. The Planning Staff recommends approval of the subdivision with the following conditions : 1 . Water and sewer must be available to the site. 2. Utilities be placed underground consistent with Section 5 . 14 and 5 . 15 of the Zoning Ordinance. 3. Maintenance of the sewer pump station to be as required by the Town of Hillsborough . 4 . A voluntary annexation petition is to be filed with the Town of Hillsborough . O R A N G E C O U N T Y BOARD OF COMMISSIONERS 242 ACTION AGENDA ITEM ABSTRACT Meeting Date 6 , 19117 Action e a Item #S,Ar SUBJECT: Addition of Fork Drive in North Fork Subdivision to the State-maintained road system. DEPARTMENT: PLANNING PUBLIC HEARING Yes _X_ No Attachment( s) Information Contact: Eddie Kirk ( a) Letter from J .M. 11i I Is to Manager dated June 25 , 1987 ; ( b ) Secondary Road Addition Investigation Report Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel HiII - 968-4501 PURPOSE: Petition from NCDOT for approval of the addition of Fork Drive in North Fork Subdivision to the State-maintained Secondary Road System. BACKGROUND: Addition of paved roads to State-maintained Secondary Road System. 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: Approval . ,�jya..srAe4•.,. REM) JUN 2 5 1987 i glre ; .'. 24 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN June 25, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E.WELLS, P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Mr. Kenneth R.. Thompson, County Manager Orange County 106 East Margaret Lane Hillsborough, NC 27278 Subject: Petition. for Addition -- Fork Drive in North Fork Subdivision Dear Mr. Thompson: Attached is Form SR-4, Secondary Road. Addition In-- vestigation. Report, for Fork Drive in North Fork Subdivision. This is being forwarded to you for review by your Board of Commissioners. Yours very truly, ----‘77('..7"/-2.-r■Ztef L-21 J./M. Mills, P. E. STRICT ENGINEER /jbh Atta. cc: Mr. J. W. Watkins An Equal Opportunity/Affirmative Action Employer a r , NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS SECONDARY ROAD ADDITION INVESTIGATION REPORT 24 q County orange Co. File No. Date Township Little weer Div. File No. Local Name park Drive Subdivision NameNortb Fork Length 0.2! Width 1 ' Type I 1 Condition Cord Is this a subdivision street subject to the construction requirements for such streets? yes Recorded 11.18-85 Book 43 Page 46 Is this a subdivision street subject to participation paving? No Number of homes having entrances into road 6 Other uses having entrances into road Bone Does right-of-way obtained meet present Division of Highways requirement? Yea If not, why? Is petition (SR-l) 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? Yea Cost to place in acceptable maintenance condition: Total Cost $ 0.00 Grade, drain, stabilize $ , Drainage $ , Other $ Remarks and Recommendations)leeta minimnra requirements. Recommend addition. Reviewed and approved Board of Transportation Member Reviewed and approved J. � ° _ i1r �Tatkit� J M. 24i11s DIVISION ENGINEER DISTRICT ENGINEER (Do not write in this space - For use of Secondary Roads Dept. ) Petition No. (Do not write in this space - For use of Planning Dept.) Form SR-4 (7-77) T• w i-t� -. J3.�1 I 1°4 ! I- `l` a 1371 `r` , Ism 1__A__ Jay `I She w7 .....7 w lf...L1 w .1 1s+.+-"__. 't': .L2!! 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Ism . j; 11.1 /'�ILAT 41).17.7 'WET y HILLS ' v 1441 •V• __ 1 Q / (urllr+c.1 '. T lahi I 7.9.oro .11111. 3 JlQ.3.v X17_1407` 13�,1-1:(:.;._ 1 -, 1? _l' Vii. tn '.�11�6 , =I- .4 L'E.\ O 4 A' \„_ AL? 'Ad' 4 a ' 'F -----14 1_.. i, ]a 11 \F- !a Id]o �.% \�� fMaa Vb .QG '1' ``IS L--” .o r S Vi', o�`--��(��/e — _ 1 1 9 i77 1 - f'�'.(., `'1� d, q!7 ii,�?3��- 1RRv � i 1 uQ � •. L1lI10Er.-..t-.!Y �. + !. �- � F 1.] 'v i= 1113 ;T. - ;FCiRESTSS_ ��` • 1� 1.] TG / I, e-yrr 1 / 1v"., ► `•7 fill�I�y1 �� e!. /• P ,a l....~°�, 1179 �'.. � J7� 9 �1L9 � .r�(ii 1' puu1AA1— �7 JZ;1 �. 171.�I 'v Yooa9'rry as 7 c m° .�- as'; %•]/}:/�././}.1':.. 1411Mir 64', p 1 av I / = r:SSA:; ° 11177 . H 1-. 7 e .: 11nr !71� -- 7 LW ^^ ��' �� .�':r \ n1 ♦ `�, 1751 �� 96'00 �C 1.6 11 OlCCod§701127 /y r; or� 'aJl(�,_ rl la 1 Y* i- Ifw'>is -l3.. q its ,,. `(" FPREST �'A - f�! r �`. C Rim ,7?F:. 2 i ::..�1.■n`l -�,r-<'' •s .1.1 fig \. , Its , ,1ii 1 y��(�y r 1� - / '.)� jl •':':..'\ilK. -3 . V^ "'�:. 731 AV 1734 • 111) let i� Fok fs 1121 Creamed. v ": ��l- et P. 1L a 11:-. Pl�•- 4 TT _ LW _ ': , L- • ` 'O a ,163 /J f r`'S ff -,v\ J '' Con 1; w::. �� �,• ORANGE COUNTY 24k: BOARD OF COMMISSIONERS Action Agenda_ ' ACTION AGENDA ITEM ABSTRACT Item Na. Meeting Date: JULY 6, 1987 SUBJECT: TAX SETTLEMENT DEPARTMENT: PUBLIC HEARING: Yes X No REVENUE ATTACHMENT(S) : INFORMATION CONTACT: John T. Horner Ext 432 TELEPHONE NUMBER: DOCUMENTS (1) Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane -- 227-2031 Durham -- 688-7331 PURPOSE: To receive the Tax Settlement on current and delinquent taxes which gives the amount charged, the amount unpaid and the amount collected for 1986 and prior. BACKGROUND Mandated by General Statutes 105-373. 3 (3) Settlement for Current Taxes : On the first Monday of July the Tax Collector shall make full settlement with the governing body of the taxing unit for all taxes in his hands for collection for the preceding fiscal year. In the settlement the Tax Collector shall be charged with: (a) The total amount of all taxes in his hands for collection for the year, including amounts originally charged to him and all amounts subsequently charged on account of discoveries ; (b) All penalties, interest, and cost collected by him in connection with taxes for the current year; and (c) All other sums collected by him. RECOMMENDATION(S) : Accept the report and enter the settlement into the minutes . 247 ORANGE COUNTY Action Ag BOARD OF COMMISSIONERS Item Ho. ACTION AGENDA ITEM ABSTRACT MEETING DATE July 6, 1987 Subject: RESOLUTIONS FOR THE NCACC ANNUAL CONFERENCE Department: BOARD OF COMMISSIONERS —1 Public Hearing: Yes I no Attachments: Information Contact: Shirley E. Marshall Phone lumbers: 732-8181, 96$-4501, 227-0231 PURPOSE: To submit resolutions to the Resolutions Committee of the NCACC. BACKGROUND: Any resolutions to be voted on at the NCACC Annual Conference in Charlotte on August 13-16 must be received by the Association no later than July 17. The rules governing the resolutions process are set forth in Article VII , Section I of the Associations Constitution, which reads as follows: Section 1 : Submission of the Resolutions to the Resolutions Committee. A resolution may be submitted for consideration by the Resolutions Committee at the annual meeting of the Association in one of the following ways: 1 . By official action of a member board of county commissioners; 2. By official action of a standing committee or special committee of the Association; 3. By official action of an affiliate organization of the Association; 4. By motion of a member of the Resolutions Committee. RECOMMENDATION: As the Board decides. ORANGE COUNTY 2 4 BOARD OF COMMISSIONERS Action Ageklkan Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: July 6 , 1987 SUBJECT: Animal Control Fees for 1987-88 DEPARTMENT: PUBLIC HEARING: Yes X No Manager' s Office ATTACHMENT(S) : INFORMATION CONTACT: Manager ' s Office Ext . 501 County Dog and Cat License Proposals TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 • PURPOSE: To establish the level of fees for the 1987-88 fiscal year. BACKGROUND: While the Board has approved a new animal control ordinance , the effective date has not yet been established pending approval of the final draft of the ordinance . In the meantime , any adjustment in fees should be made effective with the adoption of the interim budget for 1987-88. The Health Department and the APS have developed projections according to the three alternative rate proposals . The alternative proposals are attached. RECOMMENDATION(S) : As the Board decides . IA . * W C) C Cl) H O H 0 W-0 O * H Dv 0 O am O 0 ...H0 h Cl' 8-3.4 r H'J C40 'U ,00H rtCUIC) F+0 0 OM 4 ab b 00210 (p 071 CO .40Z (p w Cl .A+ to h N a co to r wN 0 NN Ol 0 .-.H N u. W 003 ro ro O 'a.< r m C) 'O'e 0 'O`C o'0 •C b0 CD Frr 0 H W sr ro 3 0 Oro 0 Oro 0 a H A. n t° ;tl ro 0 ICI. W to C: 'C a C) H O. 40 Cy O e+ 0 0 H x C ro O N O b O CD C) l ax 0 H ax H ax 0 G) 2 r..l 0 7 0. O b \ro r .b A .0 • \ro H 'CD 00 tr ClN kq 8 D rt l r QC))O xi oOr D o.Ot N .0 0 l to � K ►C < co O `y° 03 W H 21 CD ro 0 e ro to H x rOrG. x nA. own O y cn n a 0 i 0 C) C n rtMH e Cr 0. a Di A. i 0. IIiHW H o r Q co) Cl) Xr i ro ro H CU H 13) cn H t!W CO N h C) I O 0 0 .1M H to z H a D. ra p' 3 H to H r r -.0 O N Cd D. ti rt rt r n 0 0 ro ro Do 0 N h H C] ro co) co ro a h O 0 t.. 0 —T._— ---- — ro a ---- ---'— — A r• Cr Di x H x xx�'+ 00.01Z 0. 0 mw 00 CO00 W 04. 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HOtH O 0 0 N co 0 o 0 D tD 0 r X 4 P. 0 y 0 A A . b r. - Do t') O 0 0 0 Co A r Co r Ol Co r 0 H 0 0 .4 ❑ 0 0 0001 0)0-10 $ $ ❑000) 0Wto co D. 0 0 00 21 ❑02 CO • • MI 0 0N23 W Co XIO . 0001 00009 00 00 00 Do X hi A H W co H 0 H 01 al 0 m H CO)0 SO m CO 00H 0 N.1Hq N 0 0• 00r o 00r ❑ 0 00 0 00 Co N W N W OCDH • • .3 P3 1 000 OOIO H 0 0 'O C4 — — O ;p cA A to A H m CoW00C0•� H co 0 m0H .t 0.4H HH 0 000 Co OCnt0 .M a ❑ 0 00 O 00 • O C7 ❑0 O 00 — — — F. . . ). • • ›- C O CO 00❑ C) 0 01 0.-I MO t4 — oMI N H N N A Cl) 0 0 0 0 t cm N H tD DI 001H Co .1NHN Q 0 O 000 O CoCota'0 •03 0 0 00 0 00 0 0 00 0 0 o &NW OCoat D. . aror [90 O C CCC) 0 0 03 hi XI w o Cl)> CDD Cl) N 0 all O~1MHO[H N Cl) A0H N NyH Cl' O 0000r Cr 00r1*� ❑ 0 00 0 00 ORANGE COUNTY 250 BOARD OF COMMISSIONERS Action A�� Item No. ACTION AGENDA ITEM ABSTRACT • Meeting Date: JULY 6, 1987 SUBJECT: MORATORIUM ON ANIMAL CONTROL ORDINANCE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes x No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE • X501 TELEPHONE NUMBER: NONE Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Consideration of a moratorium on enforcing the proposed animal control ordinance. • • BACKGROUND: The APS has requested that a moratorium be placed on enforcement of the proposed animal control ordinance until an Animal Control Director has been employed. The Animal Control Director would be responsible for interpreting and implementing the ordinance. • RECO) NDATION(S) : Approve moratorium on enforcement of proposed Animal Control Ordinance. Q. 251 ORANGE COUNTY Action Agenda ��]] BOARD OF COI G 0 SSIONERS Item No. `O ACTION AGENDA ITEM ABSTRACT MEETING DATE 7/6/87 Subject: Disclosure Forms For Commissioners Department: BOARD OF COMMISSIONERS Public Hearing: Yes % no • Attachments: Information Contact: Shirt Marshall Phone Numbers: 732-8181, 968-4501, 227-0231 PURPOSE: To determine if Commissioners want the attorney to provide forms that will be uniform for disclosure purposes. RECORDATION: As the Board decides. 254 ORANGE COUNTY BOARD OF COMMISSIONERS Action An a ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: July 6, 1987 SUBJECT: Legal Services Contract DEPARTMENT: PUBLIC HEARING: Yes x No Managers Office ATTACHMENT(S) : INFORMATION CONTACT: TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Consideration of renewing legal services contract6with Coleman, Bernholz, Dickerson, Bernholz, Gledhill and Hargrave. • BACKGROUND: June 2, 1987 correspondence to the Board outlines the rationale for the renewal. • RECOMMENDATION(S) : As the Board decides. 254 STATE OF NORTH CAROLINA CONTRACT COUNTY OF ORANGE THIS CONTRACT, made and entered into this the 1st day of July, 1987, by and between ORANGE COUNTY, NORTH CAROLINA, hereinafter referred to as COUNTY, and COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL AND HARGRAVE, attorneys at law, Orange County, North Carolina, hereinafter referred to as ATTORNEYS: W I T N E S S E T H: WHEREAS, it is the desire of the COUNTY and the ATTORNEYS to enter into an agreement of employment for the performance by the ATTORNEYS of such legal services that shall be required from time to time to properly and adequately represent the COUNTY. NOW, THEREFORE, for and in consideration of the mutual terms and agreements hereinafter set forth, the COUNTY and the ATTORNEYS do agree, each with the other, as follows : 1. The ATTORNEYS shall perform legal services and render advice to the COUNTY on such occasions as may be required to properly and adequately represent the COUNTY. 2. . RETAINER SERVICES . The following services shall be performed by the ATTORNEYS for a monthly retainer fee of $3, 000 .00: a. Attending all meetings and hearings of the Board of County Commissioners. 1 25q b. Advising and counseling the Board of Commissioners and COUNTY employees regarding routine COUNTY matters as described in the description of services document which is attached and made a part of this contract. c. Attending any other Board or Council meetings when requested by the Board of Commissioners. d. Foregoing representation of any party whose claim is adverse to or whose dispute is with the COUNTY, any COUNTY board, agency or employee as the result of actions or inactions of the employee while acting or failing to act within the course and scope of the employee ' s employment with the COUNTY. The retainer fee shall be payable to the ATTORNEYS as follows: Three thousand and No/100 Dollars ($3 , 000 . 00 ) payable on July 1, 1987 and a like amount payable on the. first day of each month thereafter so long as the ATTORNEYS provide legal services to the COUNTY or until this agreement is modified by the parties. 3 . HOURLY SERVICES. Services shall be performed by the ATTORNEYS at an hourly rate of $75. 00 for non-routine matters as described in the description of services document which is attached to this contract and made a part of it. 4. All expenses and costs incurred as a result of the ATTORNEYS ' representation of the COUNTY shall be paid by 2 255 the COUNTY. Any expenses and costs advanced by the ATTORNEYS on behalf of the COUNTY shall be reimbursed by the COUNTY. 5. It is expressly understood and agreed that the ATTORNEYS will not provide and have not in the past provided advice and counsel to the Orange County Sheriff ' s Department in its investigation and prosecution of criminal actions. The Sheriff ' s Department is entitled to advice and counsel concerning such matters from the district attorney of the judicial district wherein Orange County lies as provided in North Carolina General Statute Section 7A-61. IN WITNESS WHEREOF, the COUNTY and the ATTORNEYS have hereunto signed this agreement in duplicate originals, one of which is retained by each party hereto and either of which is sufficient as the original. This the day of , 19 • ORANGE COUNTY, NORTH CAROLINA By: Shirley E. Marshall, Chair`�- Orange County Board of Commissioners ATTEST: Beverly Blythe Clerk to the Board of Commissioners of Orange County (SEAL) 3 -. 256 COLEMAN, BERNHOLZ , DICKERSON, BERNHOLZ, GLEDHILL AND HARGRAVE BY I f 1! L,4 � / am.►, ,� r-T f e� tie► i1' , Genera This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Gordon Baker Orange County Finance Officer 4 257 STATE OF NORTH CAROLINA DESCRIPTION OF SERVICES COUNTY OF ORANGE Routine County Matters 1. Attending conferences and seminars (county attorneys conferences, county commissioner conferences when possible, continuing legal education seminars germane to local government law) . 2. Subdivision review work. 3. Erosion control review work (including letters of demand for civil penalties) - to the point where legal action is needed. 4. Contract review and preparation of proforma contracts. 5. Lease review 6. Other document review - deeds, ordinances, etc. 7. Insurance follow-up 8 . Conferences with staff and commissioners concerning routine matters 9. Preventative counselling work 10. Routine tax collection work „,r. 11. Legislative follow-up - would include some bill drafting, depending upon complexity 12. Ordinance interpretation not requiring research 13. Some bond issue work 14. Auditors report 1 256 Non-Routine County Matters 1. All in-court work, which would include all appearances on behalf of the County, its Boards and Agencies at any hearing or trial before any court or administrative tribunal 2. Preparation for litigation 3. Other research - generally related to requests for legal opinion 4. Conferences regarding non-routine matters 5. Contract drafting other than proforma contracts 6 . Ordinance drafting including revisions 7. Bond issue work that is not routine 8. All other non-routine out-of-court work - not readily identifiable because of its non-routine nature 9. Erosion control work that is not routine 10. Tax collection litigation 11. Federal and State grant/legal work 12. Participating paving work The last three non-routine matters are billable at the hourly rate but for the most part, legal fees are r i recoverable by Orange County. from either private or State and Federal sources. 2 STATE OF NORTH CAROLINA CONTRACT OF EMPLOYMENT COUNTY OF ORANGE THIS CONTRACT made and entered into this the 1st day of July, 1987, by and between Orange County, hereinafter County, and Coleman, Bernholz, Dickerson, Bernholz, Gledhill and Hargrave hereinafter Attorneys. W I T N E S S E T H: THAT WHEREAS, the County desires to employ Attorneys as its counselors at law for the County of Orange upon the fallowing terms: 1. This Contract shall begin July 1 , 1987 and unless sooner terminated by 30 days' notice of either party shall exist and continue through June 30 , 1988 . 2. Attorneys, upon reasonable notice, are to be available for consultation, legal advice and for representation as requested by the Child Support Enforcement Agency on all legal matters arising from the duties of County under Artice 9 of Chapter 110 of the North Carolina General Statutes, Title IV-D of the Social Security Act and the federal regulations lawfully promulgated pursuant thereto. 3. Recognizing that from time to time re$resentation of County by Attorneys may result in a conflict of interest for the Attorneys, it is agreed that when such a conflict arises, the Attorneys may refer cases requiring legal services to other lawyers in Orange County. 1 2bL Such referrals shall be with the consent and approval of the County Manager . In all cases of referrals, the attorney to which the case is referred shall be compensated in the same manner as specified in paragraph 5 below, and shall keep an itemized record of work performed by County on a case-by-case basis, submitting a bill therefor showing a breakdown of services performed on a case-by-case basis as specified in paragraph 5. In the event such an attorney is awarded counsel fees by the County in this regard , an accounting shall be made to County in the same manner as provided for in paragraph 5 below. 4. Attorneys agree to comply with all the requirements of Article 9 of Chapter 110 of the North Carolina General Statutes, Title IV-D of the Social Security Act and the regulations promulgated pursuant thereto relating to the performance of program legal services including, but not limited to, maintaining such records as are required by County, to make said reports available for federal or state audit, if required, and to make financial, statistical, and program progress reports as are required. 5. For their services under this contract, County agrees to pay Attorneys Forty-Five and No/100 Dollars ($45.00) per hour for each hour spent by them providing legal services under the Child Support Enforcement Program. Such hourly rate shall encompass all expenses, including but not limited to, those for salary, supplies, office space, heating 2 261 and maintenance for office space, telephone service, long- distance telephone calls, and travel. Attorneys are not to be reimbursed for any extraordinary expense incident to performing the services included under this agreement; except, that County agrees to pay all court costs and filing fees which are required to be paid in conjunction with services provided by the attorneys under this agreement. 6 . Attorneys further agree to attend at least one regional training session on Child Support Enforcement per year conducted by the State Child Support Enforcement Agency. Reimbursement shall be made based upon the hourly rate but not to exceed a maximum of $200 . 00 for the full two-day session or $100 for each day attended or such amount as set by the State Child Support Enforcement Agency. With the prior approval of the Orange County Child Support Enforcement Director, Attorneys may attend training functions other than those conducted by the State Child Support Enforcement Agency. If attendance is approved , Attorneys shall be reimbursed for travel and per diem at the prevailing Orange County rate. Attorneys shall not be reimbursed at the hourly rate for attendance at any such non-State Child Support Enforcement Agency training function. IN TESTIMONY WHEREOF, said parties have executed this contract in triplicate originals, one of which is to be retained by County, one of which is to be retained by Attorneys, and one of which is to be filed with the Child 3 y '1. 2ki� Support Enforcement Section, Division of Social Services of the Department of Human Resources, Raleigh, North Carolina. COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL AND HARGRAVE By: /11011 / eo T E,/ . ill ORANGE ' O+NTY, NORTH CAROLINA By: _ Shirley E. Marshall, Chair ATTEST: Beverly Blythe Clerk to the Board of Commissioners This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Orange County Finance Officer 4 C3 ORANGE COUNTY Action Agenda BOARD OF COMMISSIONERS Item No. H ACTION AGENDA ITEM ABSTRACT MEETING DATE July 6, 1987 Subject: APPOINTMENTS I Department: BOARD OF COMMISSIONERS 1 l Public Hearing: Yes X no I Attachments: Information Contact: Beverly A. Blythe Under Separate Cover Phone Numbers: 732-8181, 968-4501, 227-0231 PURPOSE: To maintain membership at effective levels on Commissioners' appointed Boards. A-1 - ABC BOARD - 1 vacancy due to resignation of Tom Bacon. A-4 - COMMISSION FOR WOMEN - 4 vacancies. Two resumes are submitted for consideration of appointment. A-5 - ECONOMIC DEVELOPMENT COMMISSION - 3 vacancies. B-3 - CAPITAL HEALTH SYSTEMS - 1 vacancy due to expiration of term. B-4 - COUNTY SENIOR CITIZENS BOARD - 1 vacancy due to resignation of Dr. Walter Patton. B-5 - DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - 3 vacancies. B-22 - LOW AND MODERATE INCOME HOUSING TASK FORCE - 2 vacancies. DOGWOOD ACRES SANITARY DISTRICT BOARD - 1 vacancy. No recommendation has been received. RECOMMENDATION: As the Board decides. FLOWERS MOBILE HOME PARK MOVE TO APPROVE THE REQUEST FOR A CLASS A SPECIAL USE PERMIT FOR THE PLANNED DEVELOPMENT - MOBILE HOME PARK APPLICATION OF FLOWERS MOBILE HOME PARK AND REZONING OF THE PROPERTY FROM RESIDENTIAL-1 (R-1) TO PD-MHP-R-1, SUBJECT TO THE 17 CON- DITIONS RECOMMENDED BY THE COUNTY MANAGER. MOTION FOR APPROVAL IS BASED ON POSITIVE FINDINGS BY THE BOARD OF COMMISSIONERS THAT THERE IS A PREPONDERANCE OF EVIDENCE WHICH INDICATES COMPLIANCE WITH THE GENERAL STANDARDS AND SPECIFIC RULES GOVERNING THE SPECIFIC USE OR WHERE NEGATIVE FINDINGS HAVE BEEN MADE, COMPLIANCE WITH THE REQUIRED STANDARDS AND REGULATIONS HAS BEEN ASSURED THROUGH THE RECOMMENDED CONDITIONS OF APPROVAL. MOVE TO DENY THE REQUEST FOR A CLASS A SPECIAL USE PERMIT FOR THE PLANNED DEVELOPMENT--MOBILE HOME PARK APPLICATION OF FLOWERS MOBILE HOME PARK AND REZONING OF THE PROPERTY FROM RESIDENTIAL-1 (R-1) TO PD-MHP-R-1. MOTION FOR DENIAL IS BASED ON NEGATIVE FINDINGS BY THE BOARD OF COMMISSIONERS WITH RESPECT TO COMPLIANCE WITH THE GENERAL STANDARDS AND SPECIFIC RULES GOVERNING THE SPECIFIC USE. (CITE SPECIFIC NEGATIVE FINDINGS ON WHICH DENIAL IS BASED) —..,.... 7/4* NORTH CAROLINA ORANGE COUNTY AGREEMENT THIS AGREEMENT is entered into this 13 day of , 1987 and by and between the Town of Carrboro, a muripip 1 corporation ("The Town") and Orange County, a body politic and corporate ("The County") . WHEREAS the Town and the County have entered into agreements dated June 27 1983 and July 1 1985, pursuant to which the County will furnish certain computer services to the Town; and WHEREAS, the Town wishes to extend those agreements for one additional year and WHEREAS, the County is willing to extend those agreements for one additional year under the circumstances set forth below; NOW THEREFORE, in consideration of the premises and mutual promises set forth below, the parties agree as follows: 1. The County shall provide the same level and types of services for this one year as defined in the previous agreements dated June 27, 1983 and July 1, 1985. 2. The cost of this addition year will be $14, 000. 00 payable on January first of 1988. 3. This agreement shall begin on July 1, 1987 and will end June 30, 1988. The foregoing agreement is executed in duplicate originals this /3i'"- day of , 1987. TOWN OF BORO ORANGE COUNTY BY:- ---- - 6 � BY:-- 1.1 BERT MO , TOWN MANAGER SHIRLEY •SHALL, CHAIR ORANGE BOARD OF COMMISSIONERS Attest: Attest: da44-4-) e- 61..1t,W et4f.,-•-,9.A Sarah C. Williamson, Town Clerk Beverly A. lythe, Clerk to the Provision for payment has been made by an Orange County Commissioners appropriation duly made or bonds or notes duly authorized, pu uant to the Local Gover ment Budget Fis al Control Act. _ I l na Di or STATE OF NORTH CAROLINA COUNTY OF WAKE CONTRACT THIS AGREEMENT, made and entered into this day of July, 1987 by and between the Orange County Environmental Affairs Board hereinafter referred to as "Contractor" and the North Carolina Department of Human Resources, Governor's Waste Management Board, hereinafter referred to as "Department". WITNESSETH: THAT WHEREAS, the Contractor has submitted to the Department a proposal for the performance of certain technical or professional services; and WHEREAS, the proposal submitted by the Contractor has been approved and accepted by the Department; and WHEREAS, the parties hereto desire to reduce the terms of this agreement to writing; NOW THEREFORE, for and in consideration of the mutual promises to each other, as hereinafter set forth, the parties do mutually agree as follows; 1. The Contractor hereby agrees to perform in a manner satisfactory to the Department the following services: Implement a county-level Environmental Affairs Board (Phase II) in accordance with Attachments A and B. 2. The Department hereby agrees to: (a) Pay the Contractor the sum of $5,000 per their proposal submitted and accepted by the Department on July , 1987 (Attachment B). This contract will terminate June 20, 1988. (b) Payment will be made in the following manner: (1) The Department will pay to the Contractor the consideration set forth in 2 (a) of this agreement, which shall constitute full and complete compensation for the Contractors services hereunder. Such sum will be paid in two equal parts upon receipt of requisitions for payment from the Contractor. - The first payment will be made as soon after the signing of this document as possible. r The second payment will be made upon satisfactory completion of all services under the terms of this agreement. All billing must be submitted within 6 weeks after termination date of contract or by June 20 of the fiscal year in which the contract terminates, which ever is earlier. Billings not submitted timely may not be paid. If billing cannot be submitted timely, the Governors Waste Management Board should be notified before expenditures are incurred. (2) No other expenses or cost will be levied by the Contractor on the Department. 3. Either party may terminate this agreement at any time by ten days prior written notice to the other party. In that event, all finished or unfinished documents and other materials as described in Paragraph 1 shall, at the option of the Department, become its property. If the contract is terminated as provided herein, the Contractor will be paid in an amount which bears the same ratio to the total compensation as the services actually performed. 4. It is understood and agreed between the Contractor and the Department that the payment of compensation specified in this agreement, its continuation or any renewal or extension thereof, is dependent upon and subject to the allocation of appropriation of funds to the Department for the purpose set forth in this agreement. 5. The Department may, from time to time, require changes in the scope of the services of the Contractor to be performed under this agreement. Such changes, including but not limited to any renewal or extension, that increase or decrease the amount of the Contractors compensation, which are mutually agreed upon by and between the Contractor and the Department, shall be incorporated in written amendments to this contract after being approved by the North Carolina Department of Human Resources Purchasing Office. 6. Certain work products outlined in Attachment C. 7. The Contractor agrees to provide the Governors Waste Management Board any information, data, documents, studies, or reports given to or prepared or assembled by the Contractor under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior approval of the Department, and shall be made available to the Department no later than June 20, 1988. 8. The Contractor agrees that the State may have the right to audit the records of the Contractor pertaining to this contract both during performance and after completion. 9. Dr. Linda Little is designated as the Contract Administrator (project coordinator) for the State with responsibility for all matters relating to 2 this agreement including but not limited to invoice approval. However, any changes in the scope of the contract which will increase or decrease the Contractors compensation shall not be effective until they have been approved by the contracting officer and the North Carolina Department of Human Resources Purchasing Office. 10. It is agreed the Contractor is to begin work on July , 1987, and all tasks shall be satisfactorily completed by June 20, 1988. IN WITNESS WHEREOF, the Contractor and the Department have executed this agreement in triplicate originals, one of which is retained by each of the parties, the day and year first above written. WITNESS � 41( �� E � �� BY: / / Q NC Department of Human Resi: � ces Date 7M7 4.Qi C-r- gliZ, BY: Contract Orange County Date as211...dll Q jkihttlin I.1.atow. ` `4.44.4— 274 7 Grant Administrator - Orange Co. Date 3 ATTACHMENT A TITLE: Grants for Community Assistance Projects for Development of County-Level Envirommental Affairs Board [Phase I, 1985-86 Fiscal Year Phase II, 1986-87 Fiscal Year.] SCHEDULE FOR GRANT -ANNOUNCEMENT AND PROJECT COMPLETION Mail announcement to counties: October 18, 1985 Publicize call for proposals in Waste-Line and in County Lines: Oct. - Nov. 1985 Ask prospective counties to notify Board of interest by: November 8, 1985 Proposal deadline: December 6, 1985 Award of grant (Phase I): Mid January, 1986 Completion date for Phase I of Grant: June 30, 1986 * Application for Phase II of Grant: Following Board's acceptance of workplan for Phase II and satisfactory completion of Phase I 1.0 Introduction 1.1 Purpose The Governor's Waste Management Board seeks to increase the level of awareness and understanding of waste management issues in particular, and environmental affairs in general, among the citizens of North Carolina. The Board also seeks to stimulate discussion and interaction on environmental issues among local and state governments, citizens, and industry. By promoting citizen involvement, the Board hopes to foster public trust and productive working relationships with industry, government, and citizens in the development of safe, effective, and economical environmental management programs. The Board believes that many environmental problems can be solved by a partnership between local and state governments. The Board wishes to determine the feasibility and effectiveness of developing a broad-based, county-level Environmental Affairs Board to advise and assist county commissioners on local environmental issues. The Waste Management Board will provide matching grants and staff assistance to at least one county with a population greater than 100,000 and to one county with a population less than 100,000, for demonstration projects to develop a broad-based advisory program for environmental affairs. Upon satisfactory completion of Phase I (section 4.3), the county will be eligible for a second matching grant and staff assistance * in the second year (Phase II) of the project. The Board will grant up to $5,000 per year per county. 2.0 Eligibility to Receive Grant 2.1 All county governments are eligible to receive the grant funds. 2.2 A 20% local match is required to receive grant funds. Local funds, supplies and/or in-kind services, including staff and volunteer time may be applied to the matching requirement. 2.3 Counties are encouraged to seek cooperative agreements with other parties, such as municipalities, for-profit firms, and nonprofit organizations, to provide matching funds, support, supplies, technical expertise, and administrative assistance. 3.0 Scope of Project 3.1 The project must serve the following functions: a. Encourage development of a broad-based Environmental Affairs Board appointed by the county commissioners. b. Discuss and recommend solutions to local environmental issues such as waste management, recycling, industrial liaison, pollution prevention, watershed protection, emergency d. Applications will be evaluated according to completeness, content, ability of the county and its staff, and significance of local environmental problems. Applications not funded during this cycle will be considered for funding in the 1986-87 fiscal year. e. Counties are cautioned that this is a request for applications, and the State reserves the unqualified right to reject applications for any grant when such rejection is deemed to be in the best interest of the State. 4.2 Application Content Each county should submit an application containing: a. -Background information about the county. b. Background information about local environmental problems. c. Brief description of the activities and responsibilities of any past or present county boards, commissions, task forces (for example, Citizens Involvement Committee on Waste Management) , etc. , which address environmental issues. d. A brief resume for each project manager and staff person to be assigned to the Environmental Affairs Board. 4.3 Application Description Phase I Fiscal Year 1985-86 a. Statement of county's need and desire for an Environmenta]. Affairs Board. b. Proposed organization and duties of Environmental Affairs Board in your county. c. Method of coordinating with and involving related groups, interests, and units of government with your county. d. Approach to identifying environmental issues and activities of interest to Environmental Affairs Board in your county. e. Anticipated plan of work for your county to address issues identified in 4.3d. Phase II Fiscal Year 1986-87 * Implemention of plan of work for county (4.3e) upon satisfactory completion of Phase I. 3 b. Additional Budget Information Provide a separate itemized listing of: a. Personnel by position and salary b. Equipment to be purchased c. In-kind contributions which are given a dollar value, including a description and source 4.5 Request for Information All inquiries regarding the grant application requirements should be directed to Dr. Linda W. Little or Mr. Edgar M. Miller: Governor's Waste Management Board Room 603, Albemarle Building 325 North Salisbury Street Raleigh, NC 27611 (919) 733-9020 5 ATTACHMENT B IMPLEMENTATION PLAN FOR THE ORANGE COUNTY ENVIRONMENTAL AFFAIRS BOARD OPERATION BETWEEN JULY 1, 1987 AND JUNE 1988 The Environmental Affairs Board (EAB) will continue to act as a consultative body to the County Commissioners on environmental matters identified by the general citizenry or the Commissioners. On the basis of the Board's activities in the previous year, there will be four standing committees in this fiscal year: watershed protection, hazardous substances, natural resources, and solid waste. The full EAB will continue to meet once a month. Committees will meet as often as they deem necessary. Each of these committees will be responsible for reviewing reports and other activities undertaken by county departments pursuant to recommendations made by the EAB in its first year. These activities include but are not limited to: 1. consultation on the scope and requirements of a natural resources inventory for Orange County 2. consultation on scope and requirements of regional solid waste disposal task force consultant reports 3. consultation on policy guidelines for use of a computerized geographic map information system 4. consultation on activities of county water use committees 5. consultation on county reports on efficacy of sediment control ordinances. Each committee will report its findings regarding these activities to the full Environmental Affairs Board. Should corrections be necessary, the full Board may recommend such modifications to the Commissioners. The. EAB plans to report to the Governor's Waste Management Board Industrial Liaison Committee on a quarterly basis to apprise it of our progress. A final report will be submitted to the Governor's Waste Management Board in June, 1988. ATTACHMENT C WORK PRODUCTS TO BE PROVIDED TO THE GOVERNOR'S WASTE MANAGEMENT BOARD 1. Quarterly progress reports, due no later than October 31, 1987, January 31, 1988, and April 30, 1988. 2. A final written report, due June 30, 1988. 3. A final budget report, due June 20, 1988. 4. A document which can serve as a "how to" guide or workbook for other counties or regions interested in establishing an environmental affairs board. 5. Copies of any other publications, reports, audiovisual presentations, etc. , developed under this contract. NORTH CAROLINA DEPARTMENT OF NATURAL RESnt?RCES AND COMMUNITY DEVELOPMENT FUNDING APPROVAL Emergency Shelter Grants Program 1. NAME AND ADDRESS OF RECIPIENT 2. NRCD GRANT NUMBER Orange County _87-H--1020 106 East Margaret Lane Hillsborough, N. C. 27278 (X) ORIGINAL 5/4/87 date ( ) AMENDMENT date 3. Total. ESGP Funds Approved $ 5,000 Activities Approved for Funding See application submitted. Secretary of Department of Natural Resources and Community Development BY: , Alice Bedding - eld, Dire. .f Signature Authorized Local Official Division of Community stance Orange County May 4, 1987 Name of Recipient Date C17r11_r, Rnarrl nf„s{c,mm.i cs i nners 7/6/8 Title Date ESGP #108 (3/87) NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT GRANT AGREEMENT EMERGENCY SHELTER GRANTS PROGRAM Upon execution of this grant agreement, the North Carolina Department of Natural Resources and Community Development (NRCD) agrees to provide the recipient the Emergency Shelter Grants Program assistance under the Homeless Housing Act of 1986, as amended, (PL99-500) authorized by the NRCD Funding Approval, the North Carolina Emergency Shelter Grant Program Administrative Rules, applicable laws and all other requirements of NRCD now or hereafter in effect. The grant agreement is effective on the date the grant agreement and funding approval are signed by the recipient. The grant agreement consists of the rules in Title 15, subchapter 13N of the North Carolina Administrative Code (Emergency Shelter Grants Program Administrative Rules) , subsequent guidelines prepared by NRCD, the approved application, any subsequent amendments to the application, and the following general terms and conditions: 1. Definitions. Except to the extent modified or supplemented by this document, any term defined in the North Carolina Emergency Shelter Grants Program Administrative Rules, 15 NCAC 13N, shall have the same meaning when used herein. (a) Agreement means this grant agreement, as described above, and any amendments or supplements thereto. (b) Recipient means the entity designated as a recipient for grant assistance in the grant agreement and funding approval. . (c) Certifications mean the certifications submitted with the grant application pursuant to the requirements of Paragraph (d) of Section .0303 of the North Carolina Emergency Shelter Grants Program Administrative Rules, 15 NCAC 13N. (d) Assistance provided under this agreement means the grant funds provided under this agreement. (e) Program means the program, project, or other activities for which assistance is being provided under this agreement. 2. Obligations of the Recipient. The recipient shall perform the program as specified in the application approved by NRCD. The recipient shall comply with the certifications pursuant to Paragraph (d) of Rule .0303 of the North Carolina Emergency Shelter Grants Program Administrative Rules, 15 NCAC 13N. The recipient shall also comply with all other lawful requirements of NRCD, all applicable requirements of the General Statutes of the State of North Carolina and any other applicable laws and Executive Orders currently or hereafter in force. 3. Obligations of Recipient with Respect to Certain Third Party Relations. NRCD shall hold the recipient responsible for complying with the provisions of this agreement even when the recipient designates a third party or parties to undertake all or any part of the program. The recipient shall comply with all lawful requirements of NRCD necessary to ensure that the program is carried out in accordance with the recipient's certifi- cations, including the certification of assumption of environmental responsibilities under Rule .0601 of the North Carolina Emergency Shelter Grants Program Administrative Rules, 15 NCAC 13N. 4. Interest of Members, Officers, or Employees of the Recipient, Members of Local Governing Body, or Other Public Officials. No member, officer, or employee of the recipient, or its agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any financial interest, either direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. The recipient shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this section. The assistance provided under this agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining NRCD approval of the application for such assistance, or NRCD approval of applications for additional assistance, or any other approval or concurrence of NRCD required under this agreement, or the North Carolina Emergency Shelter Grants Program Administrative Rules, with respect thereto; provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 5. Reimbursement to NRCD for Improper Expenditures: The recipient will reimburse NRCD for any amount of grant assistance improperly expended. 6. Access to Records Related to ESGP Activities. The recipient will give NRCD, HUD and the Comptroller General, through any authorized representatives, access to and the right to examine all records, books, papers or documents related to the ESGP grant and will require subrecipient(s) to provide the same access to and the right to examine its records, books, papers or documents related to the ESGP grant. Upon execution of this agreement by NRCD and the recipient in the spaces below, the recipient hereby accepts the assistance on the terms of this grant agreement, effective on the date indicated below, and further certifies that the official signing below has been duly authorized by the recipient's governing body to execute this grant agreement. Date: May 4, 1987 Secretary of Department of Natural Resources and Community Development By: -L-� Alice Beddingfi . , Direct Division of Community Assistance Date: July 6, 1987 _ Orange County Name of Recipient By: Signat e f Authorized Official Chair, Board of Commissioners (Title) 7,4/97 STATE OF NORTH CAROLINA CONTRACT OF EMPLOYMENT COUNTY OF ORANGE THIS CONTRACT made and entered into this the 1st day of July, 1987 , by and between Orange County, hereinafter County, and Coleman, Bernholz, Dickerson, Bernholz, Gledhill and Hargrave hereinafter Attorneys. W I T N E S S E T H: THAT WHEREAS, the County desires to employ Attorneys as its counselors at law for the County of Orange upon the following terms: 1. This Contract shall begin July 1 , 1987 and unless sooner terminated by 30 days ' notice of either party shall exist and continue through June 30 , 1988 . 2. Attorneys, upon reasonable notice, are to be available for consultation, legal advice and for representation as requested by the Child Support Enforcement Agency on all legal matters arising from the duties of County under Artice 9 of Chapter 110 of the North Carolina General Statutes, Title IV-D of the Social Security Act and the federal regulations lawfully promulgated pursuant thereto. 3. Recognizing that from time to time representation of County by Attorneys may result in a conflict of interest for the Attorneys, it is agreed that when such a conflict arises, the Attorneys may refer cases requiring legal services to other lawyers in Orange County. 1 Such referrals shall be with the consent and approval of the County Manager. In all cases of referrals, the attorney to which the case is referred shall be compensated in the same manner as specified in paragraph 5 below, and shall keep an itemized record of work performed by County on a case-by-case basis, submitting a bill therefor showing a breakdown of services performed on a case-by-case basis as specified in paragraph 5. In the event such an attorney is awarded counsel fees by the County in this regard , an accounting shall be made to County in the same manner as provided for in paragraph 5 below. 4 . Attorneys agree to comply with all the Such referrals shall be with the consent and approval of the County Manager. In all cases of referrals, the attorney to which the case is referred shall be compensated in the same manner as specified in paragraph 5 below, and shall keep an itemized record of work performed by County on a case-by-case basis, submitting a bill therefor showing a breakdown of services performed on a case-by-case basis as specified in paragraph 5. In the event such an attorney is awarded counsel fees by the County in this regard , an accounting shall be made to County in the same manner as provided for in paragraph 5 below. 4 . Attorneys agree to comply with all the requirements of Article 9 of Chapter 110 of the North Carolina General Statutes, Title IV-D of the Social Security Act and the regulations promulgated pursuant thereto relating to the performance of program legal services including, but not limited to, maintaining such records as are required by County, to make said reports available for federal or state audit, if required, and to make financial, statistical, and program progress reports as are required . 5 . For their services under this contract, County agrees to pay Attorneys Forty-Five and No/100 Dollars ($45.00) per hour for each hour spent by them providing legal services under the Child Support Enforcement Program. Such hourly rate shall encompass all expenses , including but not limited to, those for salary, supplies, office space, heating 2 and maintenance for office space, telephone service, long- distance telephone calls , and travel. Attorneys are not to be reimbursed for any extraordinary expense incident to performing the services included under this agreement; except, that County agrees to pay all court costs and filing fees which are required to be paid in conjunction with services provided by the attorneys under this agreement. 6 . Attorneys further agree to attend at least one regional training session on Child Support Enforcement per year conducted by the State Child Support Enforcement Agency. Reimbursement shall be made based upon the hourly rate but not to exceed a maximum of $ 200 . 00 for the full two-day session or $100 for each day attended or such amount as set by the State Child Support Enforcement Agency. With the prior approval of the Orange County Child Support Enforcement Director, Attorneys may attend training functions other than those conducted by the State Child Support Enforcement Agency. If attendance is approved , Attorneys shall be reimbursed for travel and per diem at the prevailing Orange County rate. Attorneys shall not be reimbursed at the hourly rate for attendance at any such non-State Child Support Enforcement Agency training function. IN TESTIMONY WHEREOF, said parties have executed this contract in triplicate originals, one of which is to be retained by County, one of which is to be retained by Attorneys, and one of which is to be filed with the Child 3 o ti Support Enforcement Section, Division of Social Services of the Department of Human Resources, Raleigh, North Carolina. COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL AND HARGRAVE By:�� ALIL1 eo V E,/ ill ORANGE ' OdNTY, NORTH CAROLINA By: ' ' Shirt-'" . Marshall, Chair ATTEST: / 4 F/A( Beverly BLit e ; Clerk to t e Board of Commissioners This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. ///T)x: 1.04, Orange County Finance Officer T 4 7//f7 , STATE OF NORTH CAROLINA AMENDMENT #2 TO COUNTY OF ORANGE AGREEMENT FOR CONSULTANT SERVICES This Amendment, made and entered into by and between the Town of Chapel Hill, herein "Town" and Orange County for services as hereinafter described within the Town of Chapel Hill. WITNESSETH That for and in consideration of the mutual promises conditions set forth below, the Town and Consultant agree to the following amendments to the Agreement for Consultant Services dated May 28, 1986: F. Term to read: "Extend the term of the agreement to September 30, 1987." This the , 50‘` day of i* 1987. CONSULTANT By„I/14'A Attest Title Chair, Board of Commissioners Title Clerk to the Board _ Corporate Seal Address, 106 E. Margaret Lane Hillsborough, NC 27278 Phone (919) 732-8181 TOWN OF CHAPEL HILL Approved as to form and authorization: / 4 /.) KLf P.wn Attorney This instrument has been preaudited in a manner required by the Local Government Budget and Fiscal Control Act. Ali-r--1---' .' '_,'+f� Finance Officer 1 :__-- ,''•`-'Ass*sta t .wn Manager / B.. 4...�,: � .. ler Z Attest / { A_ lr (;) . ,,,,;,,,. : "i .anager ow Clerk .STATE OF NORTH CAROLINA AGREEMENT FOR COUNTY OF ORANGE CONSULTANT SERVICES This Agreement, made and entered into by and between the Town of Chapel Hill, herein "Town" and Orange County • herein, "Consultant" for services as hereinafter described within the Town of Chapel Hill. WITNESSETH That for and in consideration of the mutual promises and conditions set forth below, the Town and Consultant agree: A. Duties of Consultant: The Consultant agrees to perform those duties described in Exhibit A attached hereto and incorporated herein by reference. B. Duties of Town: The Town shall pay for the Consultant's services as set forth herein. C. Fee Schedule and Maximum Sum: Payment shall be made according to the Fee Schedule and subject to the maximum sum set forth in Exhibit A attached hereto and incorporated herein by reference. D. Billing and Payment: The Consultant shall submit a bill upon completion of all work performed under the terms of this Agree- ment. The Consultant shall bill and the Town shall pay at the rates set forth herein. Payment will be made by the Town within thirty (30) days of receipt of an accurate invoice, approved by the Town Manager or his designee. E. Amendment: This agreement may be amended in writing by mutual agreement of the Town and Consultant. F. Term: This Agreement, unless amended as provided herein, shall be in effect from 5/20/86 to 12/30/86 G. Federal Requirements: See Exhibit A. This the .1,..4/44. day of r/bt , 19C CONSULTANT ORANGE COUNTY By AC/4, .1 Attest Title VICE-CHAIR, BOARD OF COMMISSIONERS Title C Corporate Seal Address 106 E. MARGARET LANE HILLSBOROUGH, N.C. 27278 Phone (919) 732-8315 TOWN OF CHAPEL HILL Approved as to form and authorization: /641 b 12(2./ s ��yy--a� Town Attorney This instrument has been preaudited in a manner required by the Local Government Budget and Fiscal Control Act. r Finance Officer BY v 1 e)-(' Ssistant Town Manager), By Attest Town Manager . Town Clerk SEAL EXHIBIT A CONTRACT FOR SERVICES BETWEEN THE TOWN AND ORANGE COUNTY A. DUTIES OF CONSULTANT The County will provide technical services to rehabilitate rental housing units. Tasks to be performed include, but are not limited to the following: 1. Inspect units, verify eligible rehabilitation costs, and prepare an itemized list of rehabilitation activities and their associated cost estimates (work write-up) . The County rehabilitation staff shall incorporate inspection report findings from the Town of Chapel Hill and the Orange County Section 8 program into its analysis. 2. Prepare specifications and bid documents necessary to solicit bids on the work by qualified contractors. For owner-contractors, prepare specifications. 3. Solicit and receive bids, prepare bid tabulation sheets, and recommend bid awards (not applicable in the case of an owner- contractor) . 4. Hold pre-construction conferences. 5. Monitor rehabilitation activities by inspecting work in progress regularly (minimum of weekly) , and make final rehabilitation inspection to ensure compliance with all contract specifications, requests Town inspection for code compliance, and make follow-up inspection 60 days after project is completed. 6. Certify to the Town the approval of completed rehabilitation activities in accordance with Town, HUD, and N.C. Housing Finance Agency laws and standards, including cost-certification of rehabilitation by owner-contractors. 7. Provide completed case files with all documentation of each step in the rehabilitation process to the Town of Chapel Hill upon completion of this contract. 8. Provide technical assistance to help the Town investigate and resolve any rehabilitation problems, concerns, and complaints for a period of one year after the completion of unit rehabilitation, or until the Town closes the program with HUD or the N.C. Housing Finance Agency, whichever occurs later. The Town has a goal of twelve (12) units under construction by July 3, 1986. The County agrees to make its best efforts to complete the work elements under its control in a timely manner to enable the Town to achieve this goal. The County agrees to work with D. Diana Woolley, the Town's program administrator, in helping her develop a timetable for scheduling and accomplishing the workload. The County agrees to participate in weekly reviews of program performance with Town staff, and to provide summary reports documenting major steps performed with dates. B. DUTIES OF THE TOWN The personnel of the Town's Planning Department and the Town Attorney shall be available for consultation and advice on an as-needed basis. In addition, the Town planning staff shall: 1. Meet weekly with the County to review program progress. 2. Review case files for completeness prior to the administrator's approval of the application. 3. Operate the Cash/Management system in a manner to provide checks in a timely manner. C. FEE SCHEDULE The fee schedule for the scope of services listed above is as follows: 1. Unit Services: Orange County shall be paid for each completed unit on a per unit rate of $800/unit. This agreement covers a maximum of 15 units, for a total not to exceed $12,000. "Completed unit" means the rehabilitation work is certified as completed by the Town, Orange County, and the owner. "Unit" means a dwelling or portion thereof providing complete living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation. Certified by the Town means the house is in compliance with the Town's minimum housing code; certified by Orange County means the work is completed based on the specifications; and certified by the owner means the owner has signed a statement of satisfaction. 2. Compensation based on the terms listed in C.1 above shall be due and payable 20% upon completion of tasks listed in A.1 and A.2. The remaining 80% is payable upon completion of the tasks listed in A.3, A.4, A.5, and A.6. 3. If additional units are identified as eligible for the Rental Rehabilitation program and the Town has the authority to extend its Rental Rehabilitation program, a revised Agreement for Consultant Services shall be negotiated between the County and the Town. • G. FEDERAL REQUIREMENTS 1. The Consultant shall permit the authorized representatives of the Town, the U.S. Department of Housing and Urban Development, and the Comptroller General of the United States to inspect and audit all data and records relating to performance under this contract until the expiration of three (3) years after final payment. 2. The Consultant will comply with all assurances and certifications contained in subpart K of 24 CFR 570. The Consultant will comply with the requirements of OMB Circulars A-87 and A-102. 3. In the event that the Consultant shall fail to provide satisfactory services or shall fail to render satisfactory performance, then and in that event the Town may terminate this agreement without further cause. The Town will monitor the timeliness and quality of the County's work; compliance with federal and contract requirements; and adequacy of reports. These factors shall determine whether the services provided are satisfactory. 4. The Town and the Consultant may agree to terminate this agreement at any time in whole or in part. In that event, all finished or unfinished documents and other materials shall, at the option of the Town, become its property. 5. No officer, member, or employee of the County, and no member of its governming body nor other public official of the governing body of the locality in which work pursuant to this contract is being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the aforesaid work, shall: 1) Participate in any decision relating to this contract which affects his personal financial interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or 2) Have any financial interest, direct or indirect, in rehabilitation contracts or rehabilitation work performed under this program. { STATE OF NORTH CAROLINA AMENDMENT TO COUNTY OF ORANGE , AGREEMENT FOR ����-n i 2 I 's,''n CONSULTANT SERVICES RED L This Amendment, made and entered into by and between the Town. of Chapel Hill, herein "Town" and Orange County for services as hereinafter descried within the Town of Chapel Hill. WITNESSETH That for and in consideration of the mutual promises conditions set forth below, the Town and Consultant agree to the following amendments to the Agreement for Consultant Services dated May 28, 1986: 1. A. DUTIES OF CONSULTANT Amend A.B. by inserting a new second sentence in the second paragraph: "The Housing Finance Agency has a deadline for the Town to encumber fifty percent (50%) of its FY 1985 allocation of $75,000 ($37,500 encumbered) by September 30,1986.' 2. C. FEE SCHEDULE Amend C.1. by deleting the second sentence in its entirety, and inserting a new second sentence: ,"This agreement covers a maximum of 23 units, for a total not to exceed $18,400." This the J ,AX day of September, 1986. CONSULTANT Y C;!•1 $ tlLi � Attest Title (.5442 r+ Title (3J4,4 �. Corporate Seal Address i't 6 £ / / A/C 7;,r Phone (ref,?,) /.342. TOWN OF CHAPEL HILL Approved as to form and authorization: /up b. Town Attorney This instrument has been preaudited in -a manner required by the Local Government Budget and Fiscal Control t. Finance Officer By . Assistant Town Mana r By 411,7 7 er Attest ,F01.cc A./ •wn erk • i ti 1117 .3rd,, NORTH CAROLINA ORANGE COUNTY AGREEMENT THIS AGREEMENT is entered into this /3 day of , 1987 and by and between the Town of Carrboro, a mu ip 1 corporation ("The Town") and Orange County, a body politic and corporate ("The County") . WHEREAS the Town and the County have entered into agreements dated June 27 1983 and July 1 1985, pursuant to which the County will furnish certain computer services to the Town; and WHEREAS, the Town wishes to extend those agreements for one additional year and WHEREAS, the County is willing to extend those agreements for one additional year under the circumstances set forth below; NOW THEREFORE, in consideration of the premises and mutual promises set forth below, the parties agree as follows: 1. The County shall provide the same level and types of services for this one year as defined in the previous agreements dated June 27, 1983 and July 1, 1985. 2. The cost of this addition year will be $14, 000. 00 payable on January first of 1988. 3 . This agreement shall begin on July 1, 1987 and will end June 30, 1988. • The foregoing agreement is executed in duplicate originals this /3`14" day of G., , 1987. TOWN OF •f• • -BORO ORANGE COUNTY Aillr 11-22 ■42/L-.-- 'BERT MO , TOWN MANAGER SHIRLEY SHALL, CHAIR ORANGE BOARD OF COMMISSIONERS Attest: Attest: d 6. Cje.4140,ste.4-6. Sarah C. Williamson, Town Clerk Beverly A. lythe, Clerk to the Provision for payment has been made by an Orange County Commissioners appropriation duly made or bonds or notes duly authorized, pu uant to the Local Gove ment Budget al Control Act. /. 1 . STATE OF NORTH CAROLINA AMENDMENT #2 TO COUNTY OF ORANGE AGREEMENT FOR CONSULTANT SERVICES This Amendment, made and entered into by and between the Town of Chapel Hill, herein "Town" and Orange County for services as hereinafter described within the Town of Chapel Hill. WITNESSETH That for and in consideration of the mutual promises conditions set forth below, the Town and Consultant agree to the following amendments to the Agreement for Consultant Services dated 'May 28, 1986: F. Term to read: "Extend the term of the agreement to September 30, 1987." This the i day of P, 1987. CONSULTANT By �.( �.� test A' / (1.1,/r Title Chair, Board of Commissioners Title Clerk t: the Board Corporate Seal Address 106 E. Margaret Lane Hillsborough, NC 27278 Phone (919) 732-8181 TOWN OF CHAPEL HILL Approved as to form and authorization: 4q:e 1) /47,/,../2671,0-0 To n Attorney This instrument has been preaudited in a manner required by the Local Government Budget and Fiscal Control Act. k2/7 7 .4 / rcJ�C Finance Officer Town Manager B a � Attest Tdrwn Manager 7 = I' .. • F ow Clerk • 744'7 ,- -4 AGREEMENT This agreement is entered into this 13 day of 4A-- 1987, by and between; the County of Orange (County") and the Interfaith Council for Social Service, Inc. a non-profit corporation ('Interfaith'). WHEREAS, the County is the recipient of a 5,000 Emergency Shelter Grant; and WHEREAS, Interfaith was designated as the subgrantee in the grant application; and WHEREAS, by the terms of the Emergency Shelter Grant, the County and Interfaith must meet certain requirements. N( M, THEREFORE, IN CONSIDERATION of the premises and the mutual promises set forth below, the parties hereby agree as follows: 1. As evidenced by the attached current year budget showing its source of funds, Interfaith certifies in accordance with Federal and State Emergency Shelter Grant Program requirements that it can and will supplement or match the Emergency Shelter Grant program funds. 2. Interfaith will expend the entire $5,000 grant within 180 days of July 6, 1987, the grant approval date. No funds will be reimbursed for expenditures incurred before the grant approval date. 3. Interfaith will expend the funds in the following manner: 1. Operating Costs $4,250.00 a. Maintenance b. Blankets/Cots c. Commercial Stove 2. Essential Services 750.00 a. Food TOTAL $5,000.00 4. Upon Interfaith's presentation of receipts of expenditures made in accordance with paragraph 3, the County shall reimburse Interfaith with grant funds. 5. Interfaith will continue the operation of the shelter for the homeless for at least 3 years. 6. Interfaith shall comply with all applicable Federal laws, State laws, regulations, rules and executive orders cited in the attached pr+ovisionh of State and Federal Administration rules (15 N.C.A.C. 13N and 24 C.F.R. 575). - 2 7. In the event that the County is required to refund any portion of the grant due to Interfaith's noncompliance with any of the above provisions, Interfaith will reiiburse the County for such refunds. This agreement is executed the day and year first above written. COUNTY OF ORANGE INTERFAITH COUNCIL FOR SOCIAL SERVICES, INC. HY: �414€/t/014441 BY:��...I Chair, County Board of Rick Eden, Presi t Commissioners ATTEST ATTEST: -)--ictLi Clerk to 0 -. • - County • of Commissioners This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Firma! Officer SHELTER - 1987.Budget INCOME Cam. Sexy. $1,200.00 Approx. balance Jan. 1 $10,200.00 Chapel Hill to June 30 $11,250.00 United Meth. Conference $2,000.00 Carrboro-request $5000 87-88 fiscal year:1/2r $2,500.00 Chapel Hill-request $5000 87-88 fiscal year;' $2,500.00 Total Income $29,650.00 EXPENDITURES Salaries $22,240.00 Benefits $2,947.00 TazeiS $2,084.00 Telephone $540.00 Jail Misc. $500.00 Administration $1,800.00 (Liability Ins., Ads) Misc. (PE's, motels, etc.) $1,500.00 Renovations $8,389.00 Total Expenditures $40,000.00 )) frr---)) 7 PAGE 1 74/77 LEASE This lease agreement, dated the sixth day of July, 1987, by and between the County of Orange, hereinafter called the County and Grey Moody, hereinafter called the Owner. WITNESSETH: The Owner hereby leases to the County and the County hereby leases from the Owner, the following described property, sometimes hereinafter referred to as the leased premises to-wit: All that certain lot or parcel of land situated in the Town of Carrboro, Chapel Hill Township, Orange County, North Carolina and more particularly described as Tract 3 in the July 28, 1986 deed from Grey B. Moody and wife Jeanette W. Moody to Grey B. Moody, which deed is recorded in Book 590 Page 541 of the Orange County Register of Deeds. It is understood and agreed, however, between the County and the Owner that contained within the leased premises are an office building and twenty-four (24) parking places and that nine (9) of the parking places are now to be located on the south side of the office building and within a twenty (20) feet wide access easement along the south property line of the leased premises. It, is further understood and agreed between the County and the Owner that should the Owner request that the County cease to use the south side of the office building for parking purposes that the County will do so provided the Owner makes available to the County at least nine (9) additional parking places off the leased premises, but located on property adjacent to the leased premises, abutting it and on the same side of Laurel Avenue as the lease premises. 1. TERM: The term shall commence on the 6th day of July, 1987 and end on the 30th day of June, 1992 , on the terms and conditions set forth herein. PAGE 2 2. USE AND POSSESSION: It is understood that the leased premises are to be occupied by Orange County Departments or organizations and agencies to which the County provides financial or in-kind support for general office purposes. The County at the expiration of the term, shall deliver up the leased premises in good repair and condition, damages beyond the control of the County, reasonable use, ordinary decay, wear and tear excepted. 3. RENT: a. ) The County agrees to pay to the Owner the monthly rental, in advance, on the first day of each and every month. Rent shall be paid to the Owner at such location as is designated in writing. B. ) Rental Schedule: 1st year $28,800 per year $2,400 p er month 2nd year $28,800 per year $2,400 per month year 3rd p 4th Y $28,800 per year $2,400 per month Year $30,528 per year $2,544 per month 5th year $32,360 per year $2,696.64 per month 4. NOTICES: For the purpose of notice or demand, the respective parties shall be served by certified or registered mail, return receipt requested, addressed to the County or the Owner at their respective office address, as set forth herein: TO COUNTY: Orange County Department of Purchasing and Central Services 300 West Tryon Street Hillborough, NC 27278 TO OWNER: Grey Moody 1200 Airport Road Chapel Hill, NC 27514 or at such other address as may hereafter be designated in writing by either party hereto. The time and date on which mail is postmarked shall be the time and date on which such communication is deemed to have been given. ■ P\Cr PAGE 3 5. SERVICES: The County agrees to furnish the leased premises with electrical service suitable for the intended use as general office space, including fluorescent tube and ballast replacements, heating and air-conditioning for the comfortable use and occupancy of the leased premises, janitorial and trash removal from leased premises and to pay all charges for utilities including electricity, water, gas, telephone and associated deposits and connection fees. 6. REPAIR AND MAINTENANCE: a. County Maintenance: Repairs and Ma : P County agrees to keep the leased premises in good condition and repair, excepting repairs which are the responsibility of the Owner or which are made necessary by reason of fire and other unavoidable casualties covered by Owner's fire and extended coverage insurance, and excepting reasonable wear and tear. Within such repair responsibilities of the County shall be included: the walls and ceiling (including the painting thereof) ; repairs, maintenance of heating and air conditioning systems (cost not to exceed $2000 per year) ; normal plumbing maintenancee (including stoppage but does not include repair to water, drainage or sewer lines) ; normal minor electrical maintenance (cost not to exceed $500 per occurrence) ; maintenance of floor coverings. B. Owner's Repairs and Maintenance: Owner agrees to keep, repair and maintain the exterior of the building (including the roof exterior walls, foundations, gutters and downspouts) , sidewalks, parking area, supply pipes for gas (if any) and water, drainage and sewer pipes (excluding stoppage) , repairs of air conditioning and heating psystems,�Cplumbingtand electrical above limits stipulated in County Repair and Maintenance. If any portion of the leased premises which is the responsibility of the Owner shall at any time be in need of repairs, Owner will promptly repair same upon receipt of written notice from County to do so, except that the Owner shall not be obligated to make or pay for any repairs rendered necessary by the fault, act or negligence of the County, or any of its agents, employees or business invitees. Owner agrees to keep the parking area properly maintained. rnry PAGE 4 7. ALTERATIONS: Any alterations, additions, improvements or partitions excepting those partitions to be furnished by the Owner,shall be made at the expense of the County. The�Countytagrees that the County will make no alterations, additions or improvements to the Leased Premises without the written consent of the Owner, such consent not to be unreasonably withheld. All alterations, additions or improvements made by and for the County, including but not limited to, any and all subdividing partitions, walls, special plumbing, electrical fixtures or railings of whatever type, material or height, but excepting moveable office furniture put in at the County's expense shall, when made, be the property of the Owner and shall remain upon and be surrendered with the Leased Premises as a part thereof at the expiration or earlier termination of this lease. 8. RIGHT OP ENTRY: The County agrees that the Owner or his designee shall have the right to enter the Leased Premises during normal business hours or any other time with consent of County. 9. INSURANCE: County shall provide All Risks of Physioial Loss or Damage coverage to the Leased Premises. Contents will be insured by the County; and also on improvements and betterments made by it to the Leased Premises to the insurable value thereof. Unless the parties hereto then agree otherwise, the proceeds collected upon all such policies of insurance shall be used to repair and/or replace the Leased Premises, improvements or betterments so damaged or destroyed, and such repairs or replacements shall be prosecuted promptly by both Owner and County with such insurance funds; and in the event such funds are not adequate, then the deficiency shall be made up by the Owner as to the premises as leased. In the event of the total destruction of the Leased Premises by fire or other casualty, this lease shall terminate as of the date of such destruction, unless the Owner and the County mutually agree to have the premises restored, during which restoration period the County shall be excused from the rental payment. In the event of partial destruction of the Leased Premises, rendering them unsuitable for the County's business, the parties shall repair and restore the Leased Premises as quickly as practical and during such period of repair and restoration there shall be an abatement to the County of the rental amount proportionate to the portion of the floor area of the Leased Premises rendered unsuitable for the County's business. 10. INDEMNITY: The County agrees to indemnify and save harmless to the extent permitted by law and to the extent provided for by policies of insurance maintained by the County, the Owner against and from any and all claims by or on behalf of any person, firm or corporation arising by reason of injury PAGE 5 to person or damage to property occurring in the leased premises occasioned in whoe or in part by any act or omission on the part of the County or an employee, agent, visitor, assign or undertennent of the County or by reason of any unlawful use of the leased premises or any breach, violation or nonperformance of any covenant in this lease on the part of the County to be observed or performed, and also for any matter or thing out of the occuapncy or use of the leased premises by herCounty. 11. ASSIGNMENT AND SUBLEASE: The County agrees not to encumber or assign this Lease or sublease all or any written consent of the Owner, whichoconsenteshallpnotibes without unreasonably withheld. Such assignment shall in no way relieve the County from any obligations hereunder for the payment of rents of the performance of the conditions and provisions of this lease. 12. QUIET ENJOYMENT: The Owner agrees that the County stipulated rental and keeping and performing thepagreement and covenants herein contained, shall hold and enjoy the Leased Premises for the term aforesaid, subject to the terms of this Lease. 13. ENTIRE AGREEMENT: This Lease contains the entire agreement between the parties hereto, and no promises, agreements, conditions or stipulations not contained herein shall be binding upon either party hereto. 14. COVENANT OP TITLE: The Owner covenants, represents and war it has full right and power to execute and rents that at any time during the term hereby demised perform this of hesOwnerf shall fail or it shall be discovered that the Owner's title does not permit the Owner to grant the term hereby demised, the County's remedy, which shall be exclusive of all other remedies, shall be: 1. ) annul and void this lease; and 2.) the Owner shall indemnify and hold the County harmless against any claims for rents resulting from any title claim. 15. SIGNS: The County reserves the right to erect a sign that it appropriate to properly direct the public to the offices houseddinms the Leased Premises. Prior to erection, the County agrees to submit plans to the Owner for approval, which approval shall not be unreasonably withheld. All signs erected by the County shall comply with all the requirements of public authorities having jurisdiction with respect thereto. 16. PARKING: Owner shall provide at all time no less than 24 arks ng spaces. Parking area shall be designated by Owner, but must be (7717717771 PAGE o on property adjoining the Leased Premises. The County shall for the life of this lease maintain rights to utilize parking area in front of leased premises. IN WITNESS WHEREOF, the County and the Owner have caused this instrument to be executed as of the date first above written, by their respective officers of parties thereunto duly authorized. /1 J / /Al Grey Moody OWNER ATTEST: COUNTY OF ORANGE, NC (Seal) SHIRLE — MARSHALL, Chair, Orange County Hoard of Commissioners NORTH CAROLINA ORANGE COUNTY • Elise said State and County do hereby certify that a Notary Public of personally appeared before me this da y Grey a edot due execution of the foregoing Lease.y and acknowledged the Witness my hand and official seal, this the 14th day of July _,1987. o1SE. Otke 60 .MARY Notary Public *** My commission expires: December 8 1991 Pi161‘t CE coerk‘ .M.NA' • : ID 'PAGE' !! NORTH CAROLINA ORANGE COUNTY This the 8th day of Jul ,1987, came before me Beverly' Blythe July personally sworn, says that she knows a common sea o �OrangebCountyy me duly and is acquainted with Shirley E. Marshall of the Board of Commiss oners of Oran a Coup , who is that taihe, said Beverly A. Blythe signed her name yinaattestation�of the execution of said nstrument in the presence of said Chairman of said Board of County Commissioners. Witness my hand and official seal, this the . 8th day of July ,1987. N t ry Public opUUM -C. C/N 4 ' we t My commission expires: Dember 10, 1990 `' NOTARY yJ'a+ se L$ . PUBLIC L i & C0100E �# n 6 44 o 2 = a �I 3 d _J 4 x J Z O O V I O W —.L am 1 i a }' u X c Cr ~ of 0 W _-I _ � O J W Q- J w ` = Q W L. I d � r+ 0 — J J Q C J > W Q CD J N = d LL rA (' v Cdi Q O co a l ' elf �' ° Ci W I 0 . :w ► 41J k I ;a O t f. .%°. .••�,c S ell* I ` - L °70 o?.P t P r r �a t t .: , . . ,. "... & i Y P ya. 1 ; _ _ 4 . W J U) Ilw ~ W � :1•1` � � t M %,,,\itai '' N : I if co 8 CO tl 1 u c, ' • •i z ... w „ z; Z • -I -I =cz \....1.1 .................b :_ ... _..1 et.: tl.. "' t A 2- I (ZOP 0 1 1 v 1 i — I a 1� n `x Z. j I i z 0 Ip w Ifall cZ 2 z u. 4 et l' .N '' 44 ,J u :1-2 .., t.i � x P sa0 kb act4 , 1°. . c..- vi ' 4 hn -3.. i ° o . 1 1 3 VI °— 0 ;:,,C. )i-1 . 1-; . A I I ' : j Q O N • v ti r „C CC I: . a •O / I 1 to Q 1 fcry.. . � .. w X I d� H o gr a I Ig i .- I i , 7/4/P7 STATE OF NORTH CAROLINA CONTRACT COUNTY OF ORANGE THIS CONTRACT, made and entered into this the 1st day of July, 1987, by and between ORANGE COUNTY, NORTH CAROLINA, hereinafter referred to as COUNTY, and COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL AND HARGRAVE, attorneys at law, Orange County, North Carolina, hereinafter referred to as ATTORNEYS: W I T N E S S E T H: WHEREAS, it is the desire of the COUNTY and the ATTORNEYS to enter into an agreement of employment for the performance by the ATTORNEYS of such legal services that shall be required from time to time to properly and adequately represent the COUNTY. NOW , THEREFORE, for and in consideration of the mutual terms and agreements hereinafter set forth, the COUNTY and the ATTORNEYS do agree, each with the other, as follows : 1. The ATTORNEYS shall perform legal services and render advice to the COUNTY on such occasions as may be required to properly and adequately represent the COUNTY. 2. . RETAINER SERVICES . The following services shall be performed by the ATTORNEYS for a monthly retainer fee of $3, 000 .00 : a. Attending all meetings and hearings of the Board of County Commissioners. 1 b. Advising and counseling the Board of Commissioners and COUNTY employees regarding routine COUNTY matters as described in the description of services document which is attached and made a part of this contract. c. Attending any other Board or Council meetings when requested by the Board of Commissioners. d. Foregoing representation of any party whose claim is adverse to or whose dispute is with the COUNTY, any COUNTY board, agency or employee as the result of actions or inactions of the employee while acting or failing to act within the course and scope of the employee ' s employment with the COUNTY. The retainer fee shall be payable to the ATTORNEYS as follows: Three thousand and No/100 Dollars ($3 , 000 . 00 ) payable on July 1, 1987 and a like amount payable on the first day of each month thereafter so long as the ATTORNEYS provide legal services to the COUNTY or until this agreement is modified by the parties. 3. HOURLY SERVICES. Services shall be performed by the ATTORNEYS at an hourly rate of $75. 00 for non-routine matters as described in the description of services document which is attached to this contract and made a part of it. 4. All expenses and costs incurred as a result of the ATTORNEYS' representation of the COUNTY shall be paid by 2 the COUNTY. Any expenses and costs advanced by the ATTORNEYS on behalf of the COUNTY shall be reimbursed by the COUNTY. 5. It is expressly understood and agreed that the ATTORNEYS will not provide and have not in the past provided advice and counsel to the Orange County Sheriff ' s Department in its investigation and prosecution of criminal actions. The Sheriff 's Department is entitled to advice and counsel concerning such matters from the district attorney of the judicial district wherein Orange County lies as provided in North Carolina General Statute Section 7A-61. IN WITNESS WHEREOF, the COUNTY and the ATTORNEYS have hereunto signed this agreement in duplicate originals, one of which is retained by each party hereto and either of which is sufficient as the original. This the 424( day of 14 , 19 87. ORANGE COUNTY, NORTH CAROLINA By: Shirt—�1-7. Marshall, Chair Orange County Board of Commissioners ATTEST: Beverly B t e Clerk to the Board of Commissioners of Orange County (SEAL) 3 • COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL AND HARGRAVE. By /c- f ern,. t 1e• i17 , Genera T•Xrrn ,. This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. .z. x. Gordon Baker Orange County Finance Officer 4 STATE OF NORTH CAROLINA DESCRIPTION OF SERVICES COUNTY OF ORANGE Routine County Matters 1. Attending conferences and seminars (county attorneys conferences, county commissioner conferences when possible, continuing legal education seminars germane to local government law) . 2. Subdivision review work. 3 . Erosion control review work (including letters of demand for civil penalties) - to the point where legal action is needed. 4. Contract review and preparation of proforma contracts. 5. Lease review 6. Other document review - deeds, ordinances, etc. 7. Insurance follow-up 8 . Conferences with staff and commissioners concerning routine matters 9. Preventative counselling work 10. Routine tax collection work 11. Legislative follow-up - would include some bill drafting, depending upon complexity 12. Ordinance interpretation not requiring research 13. Some bond issue work 14. Auditors report 1 Non-Routine County Matters 1. All in-court work, which would include all appearances on behalf of the County, its Boards and Agencies at any hearing or trial before any court or administrative tribunal 2. Preparation for litigation 3. Other research - generally related to requests for legal opinion 4 . Conferences regarding non-routine matters 5. Contract drafting other than proforma contracts 6 . Ordinance drafting including revisions 7. Bond issue work that is not routine 8 . All other non-routine out-of-court work - not readily identifiable because of its non-routine nature 9. Erosion control work that is not routine 10. Tax collection litigation 11. Federal and State grant/legal work 12. Participating paving work The last three non-routine matters are billable at the hourly rate but for the most part, legal fees are recoverable by Orange County from either private or State and Federal sources. 2 copy MEMORANDUM OF LEASE Grey Moody, of 1200 Airport Road, Chapel Hill , North Carolina, hereby leases to the County of Orange, North Carolina, 300 West Tryon Street, Hillsborough, North Carolina, for a term beginning the 6th day of July, 1987 , and continuing for a maximum period of five (5) years, including extensions and renewals, if any, for the following property: All that certain lot or parcel of land situated in the Town of Carrboro, Chapel Hill Township , Orange County , North Carolina and more particularly described as Tract 3 in the July 28 , 1986 deed from Grey B. Moody and wife Jeanette W. Moody to Grey B. Moody, which deed is recorded in Book 590 Page 541 of the Orange County Register of Deeds. The provisions set forth in a written lease agreement between the parties dated the 6th day of July, 1987, are hereby incorporated in this memorandum. ■40-1t o I*, (SEAL) GREY MOOR ORANGE COUNTY BY: __ 4,0t, (SEAL) Chair'''. the Board of Commissioners ATTEST: (OFFICIAL SEAL) ,' .._■ �, / Clerk to /e Board of u4mmissioners 1 STATE OF NORTH CAROLINA COUNTY OF tiM.J1._. I , a Notary Public of said State and County, do hereby certify that Grey Moody, personally appeared before me this day and acknowledged the due execution of the foregoing Memorandum of Lease. nd WITNESS my hand and notarial seal, this the day of , 19 87 . 'YoLithack_ 6, olaAi Notary Public 0 My commission expires: My Commission Expires December 01, 1991 NORTH CAROLINA ORANGE COUNTY I • _Amy B- Dickey , Notary Public for said County and State, certify that Beverly Blythe personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Shirley E. Marshall, Chair, sealed with its official seal, and attested by herself as its Clerk. Witness my hand and official seal, this 19th day of August . 19 s37,- - _ i.: / Notary Public s 17:D' •(�Oifia'iai Seal) My commission expires : April 26, 1992 2 MEMORANDUM OF LEASE Grey Moody, of 1200 Airport Road, Chapel Hill, North Carolina, hereby leases to the County of Orange, North Carolina, 300 West Tryon Street, Hillsborough, North Carolina, for a term beginning the 6th day of July, 1987 , and continuing for a maximum period of five (5) years, including extensions and renewals, if any, for the following property: All that certain lot or parcel of land situated in the Town of Carrboro, Chapel Hill Township, Orange County , North Carolina and more particularly described as Tract 3 in the July 28 , 1986 deed from Grey B. Moody and wife Jeanette W. Moody to Grey B. Moody, which deed is recorded in Book 590 Page 541 of the Orange County Register of Deeds. The provisions set forth in a written lease agreement between the parties dated the 6th day of July, 1987 , are hereby incorporated in this memorandum. (SEAL) GREY MOO' ORANGE COUNTY By: +r,.r (SEAL) Cha ir"IX. the Board of Commissioners ATTEST: (OFFICIAL SEAL) / i f/ / Clerk to /e Board of ".mmissioners 1 STATE OF NORTH CAROLINA COUNTY OF (AaJudL, I , a Notary Public of said State and County , do hereby certify that Grey Moody, personally appeared before me this day and acknowledged the due execution of the foregoing Memorandum of Lease. WIT ESS my hand and notarial seal, this the 9KG_ day of , 19 87,. LI-ai ba4m, L2 Notary Public My commission expires: My Commission Expires December 01, 1991 NORTH CAROLINA ORANGE COUNTY It Amy B. Dickey , Notary Public for said County and State, certify that Beverly Blythe personally came before me this day and acknowledged that she is Clerk to the Board of Commissioners of Orange County, and that by authority duly given and as the act of Orange County, the foregoing instrument was signed in its name by Shirley E. Marshall, Chair, sealed with its official seal, and attested by herself as its Clerk. Witness my hand and official seal, this lgth day of August , 19 53 7•. i5ky• Notary Public t 17 I.s 1T:.DV V ci (-Offi6'iai Seal) My 'commission expires: April 26 , 1992 2 s. o- X 2.. Ip —.7 Co■••• CO �'a VD CNN a N- ••,tl11'. N. 4 IOC, N n•n p 1rn 4 7—.s cc N 1 N r....1 I N ".',.1 I to 4140 I F. I.Co I ....+..., I Q1 O O I D T p n N. m - Cr'0 0 1 ~~•r W v 0 00 O O D O 0 0 0 0 ^+•-• •AN N N N rn a s to O O O ^ + -r N N ��, , •cc m.4i, - • 6 x ■ 7C=,.1. 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CO Q IJ1 a cn CD z a 10I�1SIa ONINOZ C X `U - 5-2 ORANGE COUNTY DEPARTMENT OF REVENUE 208 SO1.-TN CAMERON STREET HILLSBOROUGH, NORTH CAROLINA 2'278 JOHN T. HORNER Ph: Hillsborough .'32-8181 Orrciror II Retctr.P Chapel Hill 9C?-9251 Mebane 2r-2031 Durham 68S-'33l TO: Commissioners , Orange County FROM: • John T. Horner, Director Revenue REFERENCE: Annual Settlement DATE: July 6 , 1987 As required by GS 105-373 (3) attached is the settlement for taxes . This includes all taxes charged to the collector thru June 30, 1987 . Page 1 REPORT OF TAXES COLLECTED FOR YEAR ENDING JUNE 30 , 1987 ORANGE COUNTY Levy for 1986 $ 19 , 231, 720.96 1985 and prior $ 373,430 . 04 Total interest charged $ 80, 078.94 Total $ 19 ,685 ,229 .94 Levy collected for 1986 $ 18,899 ,384.97 1985 and prior $ 255 , 063. 72 Accounts receivable 1986 $ 332 ,335.99 1985 and prior $ 118 , 366 . 32 Total interest collected $ 80, 078 .94 Total $ 19 , 685 , 229 .94 * * * * * * TOWN OF CHAPEL HILL Levy for 1986 $ 7, 043, 164. 13 1985 and prior $ 120, 312. 69 Total interest charged $ 19 , 101. 35 Total $ 7, 182, 578.17 Levy collected for 1986 $ 6,942, 254.67 1985 and prior $ 58, 523 .46 Accounts receivable 1986 $ 100,909 .46 1985 and prior $ 61,789 .23 Total interest collected $ 19 , 101. 35 Total $ 7,182, 578 . 17 • L Gr�G L • REPORT OF TAXES COLLECTED FOR YEAR ENDING JUNE 30 , 1987 TOWN OF CARRBORO Levy for 1986 $ 1, 783, 826 . 16 1985 and prior $ 35, 850. 02 Total interest charged $ 5 , 860.92 Total $ 1, 825,537 .10 Levy collected for 1986 $ 1, 759 , 604.98 1985 and prior $ 21,601,60 Accounts receivable 1986 $ 24, 221, 18 1985 and prior $ 14,248 .42 Total interest collected $ 5 , 860.92 Total $ 1, 825, 537 .10 * * * TOWN OF HILLSBOROUGH Levy for 1986 $ 362,456 . 21 1985 and prior $ 7, 085 . 11 Total interest charged $ 1 , 482 .08 Total $ 371, 023.40 Levy collected for 1986 $ 354,308.02 1985 and prior $ 4, 357 . 26 Accounts receivable 1986 $ 8, 148. 19 1985 and prior $ 2, 727 .85 Total interest collected $ 1,482.08 Total $ 371,023.40 COLEMAN, BERNHOLZ, DICKERSON, BERNHOLZ, GLEDHILL $c IIARGRAVE ATTORNEYS AT LAW 110 CHURTON STREET HILLSBOROUGH, N.C. 27278 919-732-2196 919-942-8000 CHAPEL HILL OFFICE SUITE 20,FRANKLIN BUILDING 137 E.FRANKLIN STREET CHAPEL HILL,N.C.27514 June 19 1987 919-9n-7151 ALONZO B.COLEMAN,JR. STEVEN A.BERNHOLZ DONALD R. DICKERSON ROGER B.BERNHOLZ GEOFFREY E.GLEDHILL DOUGLAS HARGRAVE MARTIN J.BERNHOLZ RICHARD J. SNIDER.JR. G.NICHOLAS HERMAN Ms. Beverly J. SHANORAW y Blythe Clerk to the Orange County Of Counsel BONNER D.SAWYER Board of Commissioners (1902-1972) 106 East Margaret Lane Hillsborough, North Carolina 27278 Re: Cable Television Ordinances Dear Beverly: Enclosed is the Orange County Cable Television System Ordinance as amended by the Board on June 16, 1987 . Enclosed with Albert Kittrell ' s copy of this letter, in addition to the Cable Television System Ordinance, is the Ordinance Amending A Franchise To Prime Cable Income Partners L.P. and An Ordinance Granting A Franchise To Alert Cable TV of North Carolina, Inc. The latter ordinance contains the new language proposed by John Hartwell and approved by the Board on June 16th. Both of these franchise ordinances should be considered by the Board on its second reading at- its regular July 6th meeting. Very truly yours, G/ Q / Ai ffre E. ledhill GEG/lsg Enclosures xc: Harris H. Bass Richard W. Ellis Douglas B. Keel Albert Kittrell Randall M. Roden r _ AN ORDINANCE AMENDING A FRANCHISE TO PRIME CABLE INCOME PARTNERS L.P. (HEREINAFTER CAROLINA CABLE) (PREVIOUSLY VILLAGE CABLE OF ORANGE COUNTY, INC. ) TO CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE UNINCORPORATED AREAS OF ORANGE COUNTY, NORTH CAROLINA THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA ORDAINS: Section IX of the franchise ordinance is amended by amending the line extension commitments contained in Section H of the proposal of Village Cable of Orange County, Inc. to eliminate any requirement for "overbuilding. " The term "overbuilding" as used herein shall mean: notwithstanding the extension policy required herein and as proposed by grantee, grantee shall not be required to "overbuild. " The term "overbuild" as used herein shall mean paralleling with Feeder Line the Feeder Line of another franchised cable operator in the unincorporated areas of the county in order to serve dwellings along the paralleled Feeder Line already served by the other franchised cable operator. This authority not to overbuild shall not: 1. relieve grantee of its responsibility and duty to parallel Main Trunk Cable in order to serve all areas of the unincorporated areas of the county which meet the density standards of this franchise; 2. relieve grantee of its responsibility and duty to parallel with its Feeder Line the Feeder Line of another franchised cable operator in order to reach areas of the unincorporated areas of the county where there are no parallel 1 EXHIBIT A ' Feeder Lines which areas when reached will satisfy the density standards of this franchise. Section IX is further amended by suspending the requirement that the system be fully activated upstream (bi-directional) for the term of this franchise (not including any renewals) . All system extensions after the date of this franchise amendment shall be designed and constructed with upstream (bi-directional) capability. The requirement that fully activated security services be provided to subscribers on or before August 17, 1984 is suspended for the term of this franchise (not including any renewals) . Section XI of the franchise ordinance is further amended by adding a new paragraph as follows: Carolina Cable is encouraged to make its local origination and public access channel programming available to any other franchised cable operator in Orange County at the time that cable operator makes its local origination and public access channel programming available to Carolina Cable. Carolina Cable is encouraged to carry any other franchised cable operator ' s local origination and public access programming when it becomes available to Carolina Cable . Any charge made by Carolina Cable to another franchised cable operator as a price for Carolina Cable making its local origination and public access channel programming available shall be commercially reasonable and Carolina Cable is encouraged to provide such programming at no charge provided the other franchise cable operator 2 r w M' provides its local origination and public access channel programming available to Carolina Cable at no charge. This franchise ordinance amendment shall take affect immediately this the day of , 1987. it having been adopted at two ( 2) regular meetings of the board of commissioners of Orange County, North Carolina as provided by law. 3 AN ORDINANCE AMENDING A FRANCHISE TO PRIME CABLE INCOME PARTNERS L.P. (HEREINAFTER CAROLINA CABLE) (PREVIOUSLY VILLAGE CABLE OF ORANGE COUNTY, INC. ) TO CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE UNINCORPORATED AREAS OF ORANGE COUNTY, NORTH CAROLINA THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA ORDAINS: Section IX of the franchise ordinance is amended by amending the line extension commitments contained in Section H of the proposal of Village Cable of Orange County, Inc. to eliminate any requirement for "overbuilding. " The term "overbuilding" as used herein shall mean: notwithstanding the extension policy required herein and as proposed by grantee, grantee shall not be required to "overbuild. " The term "overbuild" as used herein shall mean paralleling with Feeder Line the Feeder Line of another franchised cable operator in the unincorporated areas of the county in order to serve dwellings along the paralleled Feeder Line already served by the other franchised cable operator. This authority not to overbuild shall not: 1. relieve grantee of its responsibility and duty to parallel Main Trunk Cable in order to serve all areas of the unincorporated areas of the county which meet the density standards of this franchise; 2. relieve grantee of its responsibility and duty to parallel with its Feeder Line the Feeder Line of another franchised cable operator in order to reach areas of the unincorporated areas of the county where there are no parallel 1 N Feeder Lines which areas when reached will satisfy the density standards of this franchise. Section IX is further amended by suspending the requirement that the system be fully activated upstream (bi-directional) for the term of this franchise (not including any renewals) . All system extensions after the date of this franchise amendment shall be designed and constructed with upstream (bi-directional) capability. The requirement that fully activated security services be provided to subscribers on or before August 17 , 1984 is suspended for the term of this franchise (not including any renewals) . Section XI of the franchise ordinance is further amended by adding a new paragraph as follows: Carolina Cable is encouraged to make its local origination and public access channel programming available to any other franchised cable operator in Orange County at the time that cable operator makes its local origination and public access channel programming available to Carolina Cable. Carolina Cable is encouraged to carry any other franchised cable operator ' s local origination and public access programming when it becomes available to Carolina Cable . Any charge made by Carolina Cable to another franchised cable operator as a price for Carolina Cable making its local origination and public access channel programming available shall be commercially reasonable and Carolina Cable is encouraged to provide such programming at no charge provided the other franchise cable operator 2 provides its local origination and public access channel programming available to Carolina Cable at no charge. This franchise ordinance amendment shall take affect immediately this the 6th day of JULY , 1987, it having been adopted at two ( 2) regular meetings of the board of commissioners of Orange County, North Carolina as provided by law. 3 ACCEPTANCE BY PRIME CABLE INCOME PARTNERS L.P. OF AMENDMENT TO ORANGE COUNTY CABLE TELEVISION FRANCHISE Prime Cable Income Partners L.P. , a Delaware limited partnership, d/b/a Carolina Cable, hereby accepts the amendments to its cable television franchise from Orange County, North Carolina, as set forth in the ordinance adopted by the Orange County Board of County Commissioners entitled "An Ordinance Amending A Franchise To Prime Cable Income Partners L.P. (hereinafter Carolina Cable) (previously Village Cable of Orange County, Inc. ) To Construct And Maintain A Cable Television System Within The Unincorporated Areas of Orange County, North Carolina, " (the "Ordinance") adopted on June 16, 1987, and approved on second reading on July 6, 1987. A copy of the Ordinance is attached hereto as Exhibit A. Grantee hereby accepts the amendments and agrees to be bound by the franchise as amended this 9th day of July, 1987. PRIME CABLE INCOME PARTNERS L.P. ti AT S_n By: ...�� - rri Lin•auer (Corporate Seal) ic= `resident Pr ' e Venture � � I , Inc. , as Ma aging General Partner of a. 1.._./i- i • �l_ Prime Cable Income Partners L.P. Rudolph . Gre-n Secretary AN ORDINANCE GRANTING A FRANCHISE TO ALERT CABLE TV OF NORTH CAROLINA, INC. TO CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE UNINCORPORATED AREAS OF ORANGE COUNTY, NORTH CAROLINA THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA ORDAINS: Section I . Grant and term. 1k Subject to the terms and conditions of the Orange County 6 Cable Television System Ordinance as amended and as it may be amended , (hereinafter "the ordinance) which ordinance is incorporated herein by reference, and the other terms and conditions of this ordinance (hereinafter "the franchise") , Alert Cable TV of North Carolina, Inc . , it successors and assigns, (hereinafter "grantee" or "the grantee") is hereby granted the right, privilege and franchise to construct or have constructed, operate and maintain a cable television system and to operate a cable television service in the unincorporated areas of Orange County, North Carolina (hereinafter "county" or "the county") for the purpose of providing cable television service to the citizens of the unincorporated areas of the county, and for that purpose to erect, install and construct upon, across, beneath and along any street or ro-ad all necessary cable and other equipment and facilities as may be necessary and appurtenant to the cable • television system . In addition , ,this right , privilege and franchise shall extend- to property rented or leased from other persons, including but not limited to .any public utility or other • l grantee, franchisee or permittee, in order to do business in the unincorporated areas of the county. The CATV system and service herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the county and ' no other purpose whatsoever. The term of this franchise shall commence upon the acceptance by the grantee, as provided in Section VI of the ordinance, of this franchise and shall terminate at midnight, February 24, 1996. Section II . Renewal. The franchise may be renewed for an additional period of ten (10) years upon terms satisfactory to both the county and the grantee. Section III . Nonexclusive. The franchise shall be nonexclusive, and the county reserves the right to grant similar franchises to any person or persons at any period during the present franchise or any extension thereof. Section IV. Construction of system. Grantee shall obtain the proper permission and authority from the North Carolina Department of Transportation, or other agency of competent jurisdiction, and where appropriate, private land owners before any cable or other equipment necessary and 2 appurtenant to the cable television system may be placed within any street or road. All highways, roads, streets, sidewalks, avenues, alleys , bridges and other public and private places that may be disturbed or damaged in the construction or maintenance of the cable television system shall be promptly repaired or replaced by the grantee at its own expense. All poles, wires, cables or other facilities to be constructed or installed within the streets or roads shall be constructed or installed only at such locations and depths and in such manner as to comply with all federal and state statutes, county and other local ordinances and rules and regulations of the North Carolina Department of Transportation, or other agency of competent jurisdiction. All such units of government and governmental agencies with approval authority over the construction and maintenance of the CATV system must approve the construction and maintenance. All facilities constructed or installed within the streets or roads shall be so constructed and installed so as to cause minimum interference with the proper use of said streets or roads, and minimum interference with the property rights of property owners adjoining said streets or roads. Such facilities shall be constructed or installed so that , after construction or installation is complete, they shall cause no interference with proper use of said streets or roads , and no interference with the property rights of owners of property adjoining said streets or roads. In the event the grantee shall fail to replace or repair any of said public and private facilities within ten (10) working days after written notice to do so from the county manager, the 3 same may be replaced or repaired by the proper authorities of the county, and in that event, the grantee shall forthwith pay to the county the cost of such work. Section V. Relocation of facilities. In the event (at any time during the franchise period or any extension thereof) the county, the North Carolina Department of Transportation or any other unit of government or public agency, by reason of traffic conditions, street closing, or highway or street construction changes in or the establishment of any street grade, the installation of sewers, drains, water pipes, power lines, signal lines, or any type of structure or improvement, the grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other place any of its properties, owned or leased, upon reasonable notice by the agency involved in the work. The county, the North Carolina Department of Transportation or any other unit of government or agency shall not be liable for any disturbance of the grantee' s installation resulting therefrom. The grantee shall carry out instructions and ,directions of the North Carolina Department of Transportation District Engineer or his designee whenever it is necessary to raise or remove any of the grantee' s wires or cables temporarily for the purpose of moving or removing structures on the public streets or roads of the county. The grantee shall do such tree trimming or other maintenance work as shall be necessary to maintain its lines and cables and other property in good working 4 F , order , and where necessary, with the prior approval of the appropriate public or private agency and person. As between the county and the grantee , all actions herein required to be performed shall be performed at the expense of the grantee and the grantee shall hold the county free and harmless from all damages or claims for damages, including attorneys fees and other litigation expenses necessary to defend any such claim, arising from such actions of the grantee. Copies of all joint use of poles and right-of-way agreements and encroachment agreements which authorize grantee to use poles and right-of-ways within the unincorporated areas of the county shall be provided to the county manager within thirty days of acceptance by the grantee of this franchise and thereafter within thirty days of their acquisition. Section VI . Ordinances applicable. The grantee shall be subject to all laws and ordinances relative to the use of all public facilities, relative to cable television systems and operations, and where appropriate, planning ordinances, policies and procedures . Section VII . Location maps. The grantee agrees to maintain in the office of the Orange County Manager copies of all maps showing the location of all 5 wires , cables and other fixtures situated within the unincorporated areas of the county. Section VIII . Hold harmless. The grantee, its successors and assigns, shall indemnify and save harmless the county, its officers and employees as expressly provided in Section XIV of the ordinance. Section IX. The system and its operation. A. Except as otherwise required by this franchise or unless otherwise required by the ordinance, grantee agrees to build and operate a cable television system in the unincorporated areas of the county as described in its proposal dated December, 1986 and as revised. The technical standards described in the proposal of grantee, including those recommended by the Orange County Cable TV Advisory Committee and offered by grantee in revisions of its December 1986 proposal have been examined and approved by the county. The grantee, by its acceptance of this franchise, acknowledges that any such technical standards which exceed FCC requirements are freely offered by grantee. These standards shall apply to all new construction within the county. These standards shall apply to all portions of grantee' s system and plant presently in place in the unincorporated areas of the county when this system and plant is upgraded as provided in this franchise. 6 Alert shall demonstrate to the satisfaction of the the county manager that its system meets the minimum technical standards offered in its December 1986 proposal and prescribed in this franchise by providing test results from tests performed at the terminus ofits system and at random points along its system. These tests shall be performed weekly with each weekly test including the test results performed at the terminus of the system. Random testing results shall result in the entire system being tested every three months . In all other respects the procedures outlined in the monitor tests and monitor point tests contained in Alert' s December 1986 proposal to the County shall be followed. B. In addition to the other service area and line extension commitments contained in its proposal, grantee shall construct and activate at least 7. 2 miles of plant as indicated in the "TO BE BUILT IN 1987" portion of its proposal before the end of 1987 . Construction shall begin as soon as practicable and as prescribed in Section X of the ordinance. This 7 . 2 mile portion of the system of grantee shall be activated no later than December 31, 1987 . Notwithstanding the extension policy required herein and as proposed by grantee, grantee shall not be required to "overbuild . " The term "overbuild" as used herein shall mean paralleling with Feeder Line the Feeder Line of another franchised cable operator in the unincorporated areas of the county in order to serve dwellings along the paralleled Feeder 7 Line already served by the other franchised cable operator. This authority not to overbuild shall not: 1. relieve grantee of its responsibility and duty to parallel Main Trunk Cable in order to serve all areas of the unincorporated areas of the county which meet the density standards of this franchise. All such main trunk cable shall be built in accordance with a detailed map, schedule , and engineering plan to be supplied by the grantee prior to December 31, 1987 . This plan will demonstrate the adequacy of the trunk cable to meet the franchise requirements in the unincorporated areas of the county, and will apportion construction of the trunk mileage equally by year so as to bring about completion prior to December 31, 1993 ; 2. relieve grantee of its responsibility and duty to build the 7.2 miles of plant as proposed by it "TO BE BUILT IN 1987" in its proposal to the county; and 3. relieve grantee of its responsibility and duty to parallel with its Feeder Line the Feeder Line of another franchised cable operator in order to reach areas of the unincorporated areas of the county where there are no parallel Feeder Lines which areas when reached will satisfy the density standards of this franchise. The following construction practices shall be followed: 1. Sag. To avoid or at least minimize the danger of cable breaks, grantee shall specify that TV cables shall sag at least as much as the telephone cable below it, and should never 8 • be allowed to sag less than 1% of the spanned length. Preferred sag will be 1. 5% to 2% (22-30 inches in a 125-foot span)-. 2. Sleeved connectors. To minimize interference due to signal infiltration from mobile transmissions, CB, amateur transmissions and strong local TV signals , connectors with integral internal sleeves will be used. 3. Connector seals . Cable splices and housing connectors shall be sealed against moisture either by properly applied shrink tubing, or by means of sealant tape such as Bi- Seal, or Aqua-Seal or equivalent. 4. Lightening and power surge protection. The following, or its equivalent as certified to the county by a qualified engineer , shall be done to provide lightening and power surge protection. Adequate grounding, at the first, last and . every tenth pole, and at every repeater or power supply location shall be installed. Adequate bonding to telephone strand and electric neutrals shall be done . Careful attention shall be given to the proper use of surge protection devices, resetting circuit breakers, and gas ionization devices to protect equipment and maintain service during abnormal power situations . Particular attention shall be given to the regulated dc power packs at repeater stations through the use of adaptive regulator circuits, surge protection modules, transient absorbing diods, or 3-terminal regulator hybrid specially designed to provide current limiting, thermal overload protection, and maintain operation within safe limits. 9 - 1 5. Installation standards . Each subscriber shall have a separate drop from the residence to the Feeder Line . Buildings with more than four units may be treated as apartments. Installation methods shall be explained to all subscribers. No drop lines sha'.L1 be spliced . All installation standards and practices shall be "state-of-the-art. " All installations shall be done in a workman-like manner using "state-of-the-art" { techniques and "state-of-the-art" materials. 6. Construction manual. Grantee shall provide its construction crews and any contract construction company with a construction manual detailing each stage of the construction process. A copy of this construction manual shall be provided to the county manager before construction commences. Any comments and recommendations made by the county manager concerning this manual shall be considered by grantee and if necessary to meet the requirements of the franchise or the ordinance, the manual shall be revised by the grantee . All installations shall be supervised and inspected by g rantee' s engineers. C. Channel capacity and system design. Grantee shall install and maintain a "state-of-the-art" system and abide by all reasonable requests of the county to upgrade the system. Without limiting the generality of this requirement: 1. All new construction of plant in the unincorporated areas of the county shall be 400 MhZ capable and be two-way capable. 10 0 e ij 2. Grantee shall operate its existing plant in the county and all new plant in the county to 300 MhZ, 35-channel capacity. 3. Grantee shall provide a trouble feed-back system which allows the monitoring of all active elements of all Main Trunk Cable of the system . Grantee may satisfy this requirement in one of two ways: (1) it may, within 18 months of its acceptance of this franchise , install and activate bi- directional capacity in the Main Trunk Cable of its system or, (2) it may immediately provide service to subscribers along all Main Trunk Cable at such intervals as will provide a "trouble feed-back system" in effect activated by subscriber calls in the event of system failures which is comparable in terms of reliability to an activated bi-directional feed-back system. In the event grantee elects to utilize a subscriber "trouble feed- back system" it must provide the necessary service to subscribers without regard to the system extension requirements contained in this franchise and , if necessary in order to obtain their subscriptions, at no cost to the subscribers that are part of the "trouble feed-back system." 4 . Within three years of acceptance of this franchise grantee shall have completed all work necessary to upgrade its entire system within the unincorporated areas of the county and shall have activated its entire system to 400 MhZ, 54- channel capacity. 5. Grantee shall design and operate its system so that it has interconnect compatability to share programming with 11 any existing franchised cable operator within the unincorporated areas of the county and provide verification to the satisfaction of the county manager of this compatability. 6. Grantee shall make available, upon request, to all subscribersrdeluxe set-top converters which shall be "state- of-the-art" and shall have a lighted channel number display and an infra-red remote control unit for channel control and on-off control. Section X. Programming and Access. A. Grantee shall provide at least three public service and/or access channels. These three channels shall be reserved for and used for such things as community billboard , local origination programming and educational access programming other than PBS . B. Grantee shall provide a local origination studio, together with the necessary equipment and personnel, to enable members of the public to create and broadcast programming . Grantee may satisfy this requirement to provide local origination studio and necessary equipment and personnel by contracting with Art School. However, the responsibility to provide the local origination studio and necessary equipment and personnel is that of rantee. At a minimum the he equipment provided for the studio shall be that contained in the December 1986 proposal of grantee. Air time shall be provided free of charge to everyone except "for-profit" entities and declared political candidates. Fees 12 may be charged for equipment and labor supplied by grantee in assisting persons in developing programming, except that no charge shall be made for live studio cable casts of five minutes or less by public access users or for the broadcasts of such special events as are designated by the board of commissioners of the county. C. Not later than the third year after the acceptance of this franchise, grantee shall complete all work necessary to fully activate its system bi-directional from the site of the "old" and "new" Orange County courthouses. Thereafter grantee shall provide at its cost live coverage of all regularly scheduled board of county commissioners' meetings held in either the old or the new Orange County courthouses . Alert shall provide onsite at each such meeting the personnel and equipment necessary to ensure that the viewer receives a satisfactory audio and visual transmission of all proceedings before the board of county commissioners. Grantee may satisfy the requirement in this subsection for bi-directional capability with contracts with other franchised cable operators in the county which contracts provide for the free-to-the-county live coverage of board of county commissioners ' meetings from the old and new courthouses. Any such contract or contracts shall be for a term or terms extending for the duration of this franchise and any extensions of this franchise. At the end of the second year following acceptance of this franchise, grantee may petition the board of county commissioners to be relieved of the obligation in this 13 subsection if it appears that the extent of interest in bi- directional capability and the broadcasting of board of county commissioners ' meetings is not significant and that the interest does not warrant the cost of providing this capability. Any such petition shall include a subscriber survey which demonstrates the lack of interest at the increased subscriber costs. In the event the board grants relief from this requirement as specified herein, it shall set a new deadline for grantee to meet the requirements of this subsection and the same procedure shall be followed thereafter on an annual basis during the term of this franchise until it expires or the bi-directional capability is achieved, whichever first occurs. D. Grantee shall make its local origination and public access channel programming available to any other franchised cable operator in the county at the time that cable operator makes its local origination and public access channel programming available to grantee. Grantee shall carry any other franchised cable operators local origination and public access programming when it becomes available to grantee . Grantee shall not be required to carry such programming if it is commercially sponsored. Any charge made by grantee to another franchise cable operator as a price for grantee making its local origination and public access channel programming available shall be commercially reasonable and shall be at no charge provided the other franchise cable operator provides its local origination and public access channel programming available to grantee at no charge. 14 ,4 Section XI . Effective date. Subject to the provisions of Section VI of the ordinance, this franchise shall become effective on the date on which grantee files the acceptance, bonds, fees and expenses, and proof of insurance required by the ordinance. Section XII. Repeal of Preexisting Permitted Use Franchise. Upon acceptance of this franchise as provided herein the Preexisting Permitted Use Franchise effective May 12 , 1982 granted to Alert Cable TV of North Carolina, Inc. is repealed. First Reading. The foregoing ordinance received the following vote and was duly adopted this 16th day of JUNE , 1987: Ayes: Chair Shirley E. Marshall and Commissioners Moses Carey, Jr. , Stephen Halkiotis, John Hartwell and Don Willhoit Noes: None Absent or Excused: Second Reading. The foregoing ordinance received the following vote and was duly adopted this 6th day of JULY , 1987: Ayes: Chair Shirley E. Marshall and Commissioners Moses Carey, Jr. , Stephen Halkiotis, and John Hartwell . Noes: NONE Absent or Excused: Don Willhoit 15 ACCEPTANCE OF FRANCHISE Alert Cable TV of North Carolina, Inc. hereby accepts the foregoing franchise and voluntarily agrees to conduct its operations as a grantee in accordance with this franchise and the Orange County Cable Television System Ordinance as it now exists and as it may be amended from time to time. This agreement is accepted and filed with the Orange County Manager this day of , 19 . Also filed herewith are the proofs of insurance, bonds and letters of credit required by Section XIV of the Orange County Cable Television System Ordinance. ALERT CABLE TV OF NORTH CAROLINA, INC. By: President ATTEST: Secretary STATE OF COUNTY I , ,, a notary public of said county and state, certify that _ personally came before me and acknowledged that he (she) is secretary of Alert Cable TV of North Carolina, Inc . , a corporation, and that by authority given and as the act of the corporation the foregoing franchise was signed by the president of the corporation, sealed with its corporate seal and attested by himself (herself) as its secretary. 16 Witness my hand and official seal, this the day of 19 Notary Public My commission e*pires: 17