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Agenda - 01-03-1989
ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING TUESDAY, JANUARY 3 , 1989 7: 30 P.M. OLD COURTHOUSE HILLSBOROUGH, NC A. BOARD AND MANAGERS COMMENTS B. PUBLIC 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. PUBLIC HEARING 1. Zoning Ordinance Text Amendment a. Article 9--Signs (Permitted Commercial/ Industrial Signs) D. RESOLUTIONS OR PROCLAMATIONS 1. Planning Board Resolution--Rural Character Study E. REPORTS 1. Duke University Forest Report--Max Wallace 2 . Report on Reservoir--Don Cordell 3 . Work Plan/Zoning History--Johnny Kennedy Property F. ITEMS FOR DECISION--CONSENT AGENDA (Any item may be roved for separate consideration) 1. Documentation for Grant from NC DOT-Aviation - 2. Approval of State Contracts for Elderly Services 3. Driver Contract Revision with OPCMHC' s Children' s Learning Center 4. BOCC' Policy #0030—PUblic Hearing Minutes 5. , Transportation Agreement for NCDOT Section 18 Funding , 6. Confirmation of Contract , with DMG for User Fee Study - . G. ITEMS FOR DECISION—REGULAR -AGENDA 1. Continuation of Transportation. Funding of OCIM ChilciCare Project 2 . CIP Schedule and Management Structure 3 . zoning Atlas Amendments a. Z-5-88 Starpoint Partners b. . Z-6-88 Dale G. Davis 4. Zoning Ordinance Text Amendments a. Article _ 4 - -Permiteed Uses, Article 6-- , Application of Dimensional Requirements, and Article 8-- Special Uses (Electrical Substations) b.. Article 4—Permitted Uses, Article 8--Special andfArticle , 22--Definitions (Day Care Facilities) 5. Subdivision Regulations Text Amendments a. Section (New) --Application and Approval Procedures b. Section V (New) --Specifications for Plat Drawings c. Section IV-B-10-- Cluster Developments 6. Flood Prevention Ordinance Amendments a. Article 2—Definitions ("Lowest Floor") and Article 4--Provisions for Flood Hazard Reduction, (Equipment Design & Location) 7. EroSion Control Ordinance Amendments a. Erosion Control Manual b. Sections 5, ' 6, 17, 18, and 22 (Incorporation of design standard's and specifications, administrative procedures and notification pocedures, and changes in enabling legislation) H. APPOINTMENTS I. ADJOURNMENT (*) Indicates items that need immediate attention. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. C ACTION AGENDA ITEM ABSTRACT Meeting Date: January 3, 1989 SUBJECT: MINUTES DEPARTMENT: BOARD OF COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S) : UNDER SEPARATE COVER INFORMATION CONTACT: BEVERLY BLYTHE TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane 227-2031 Durham - 688-7331 PURPOSE: To correct and/or approve the minutes as submitted for consideration. November 28, 1988 - Quarterly Public Hearing December 20, 1988 Regular Meeting BACKGROUND: In accordance with 153A-42 of the General Statutes, the governing Board has the legal duty to approve all minutes that are entered into the official journal of the Board's proceedings. RECOMMENDATION(S) : As the Board decides. 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date January 3, 1988 Action Agenda Item # 1 -I , SUBJECT: PLANNING BOARD RESOLUTION ON RURAL CHARACTER STUDY DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Draft 12-19-88 Planning Board Minutes Planning Director - Ext 346 TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel. Hill - 967-9251 PURPOSE: To receive a resolution from the Planning Board concerning the scope and geographic focus of the Orange County Rural Character Study. BACKGROUND: At the December 19, 1988 meeting of the Planning Board a status report on the Rural Character Study was given by the Planner III in charge of coordination. Several Planning Board members expressed concern over recent newspaper articles which implied differing views on the part of Commissioners and RCS Committee members as to the scope and geographic focus of the study. Upon conclusion of the discussion, the Planning Board adopted the following resolution: The Orange County Planning Board urges the Board of County Commissioners to support the original purpose of the Rural Character Study as embodied in the Request for Proposals and in the approved contract with the consultant, Lane Kendig. RECOMMENDATION: Receive as information. • 2 1 A t\LA 11' If criteria would only be applied in rather specific cases, it would seem more accessible to and more equitable to the public. C. Rural Character Study Committee Gene Bell reported on the public sharing and information meetings which were held with Lane Kendig, Consultant, on November 29 and 30. The group meetings were with groups representing neighborhoods, agricultural interest groups, recreation interest groups, rural buffer interest groups, business and development groups, government and education groups and environmental interest groups. On the night of November 30, there was a general sharing session held in the Superior Courtroom with an estimated attendance of 300. The greatest concern from the farming community was with the possibility of transfer of development rights. Bell noted that concerns with this issue is premature since this is a possibility that will be discussed later on in the study. The current schedule for the study is that Mr. Kendig will be back in Orange County on January 24 and 25 at which time he will be presenting an in-depth presentation to various interest groups and a general sharing and information meeting for the general public. He will also be meeting with the Board of Commissioners at a dinner meeting on January 24 to answer their concerns about the study, the direction in which it will be going and also concerns regarding the rural buffer. Jacobs asked if Mr. Kendig was aware of the questions being publicly discussed about the differences in the emphasis of the study. Bell • responded that he is compiling information to be sent to Kendig regarding those issues such as the newspaper articles in order to give him a better feeling for the public concern. Pilkey asked what the problem is with the understanding of the study with the Board of Commissioners. Bell responded that he is not sure what the problem is. He noted that a copy of the REP and the contract- has been sent to the Board of Commissioners for their review again. Yuhasz asked if the Commissioners felt that the study as proposed considering the entire County • is too wide spread and should be specifically . r CP if 3 targeted to the Rural Buffer. Bell responded that the newspaper articles indicated that was the case but he noted he had not talked with any Commissioners about this. Bell continued that the staff understanding is that the focus of the . .. study was to be County-wide but comments read in the newspaper articles indicate the primary focus to be the Rural Buffer. Jacobs noted that the understanding of the Planning Board regarding the RP was that while the Rural Buffer was the impetus and the focus, it was not the exclusive intent of the study. He continued that the Board wished to apply the principles that might specifically be used to perfect the Rural Buffer throughout the County. He noted that he was unsure whether it is a semantic misunderstanding, a conceptual misunderstanding or a political difference. Eidenier asked if the use of the word "rights" in regard to transfer of development rights could be the source of the misunderstanding. Jacobs responded that transfer of development rights, in any case, would be voluntary, not mandatory. He also noted that the discussion of transfer of development rights is a jump ahead of the study. The point of the first set of meetings was to discover what the citizens feel the rural character of Orange County is and what is important and what should be preserved not to discuss the particular mechanisms to accomplish this. He noted that the issue of transfer of development rights has not yet come up through the study but from other sources such as the media and the Commissioners. - Eidenier continued asking about information and articles she had seen in newspapers regarding low level nuclear waste dumps that are being sought -- ---- ---- - - by the State. Jacobs asked that information be provided to the Planning Board at the Long Range Planning Meeting on January .10 regarding this • issue. - - - - - Yuhasz expressed concern that the Rural Character . Study may be limited to the Rural Buffer. He • indicated that he felt the study would have - - unsatisfactory results unless it is applied County-wide. Pilkey stated that she would be in favor of such a motion. Yuhasz noted that he felt such a motion should be by consensus. • 4 Eddleman stated that he felt the study should be conducted County-wide even if it is only applied in certain areas. He also asked that it be better clarified that transfer of development rights is voluntary on the part of the property owner and the individual's option. Best noted that rural character is different in different areas and that the study should be conducted county-wide. Jacobs noted the following as the concerns being expressed by Board members: That any Rural Character Study be applied county- wide; that the study recognize that there is different rural character in different parts of. the County; and that the Request for Proposal spoke to the purposes of the study. MOTION: Eidenier moved that the Orange County Planning Board urges the Orange County Board of Commissioners to continue to support the original proposal for a rural character study as embodied in the Request for Proposal. Seconded by Pilkey. Jacobs noted that individual concerns could be discussed with the Commissioners at the annual meeting of the Planning Board and Board of Commissioners. VOTE: Unanimous. d. Strategic Economic Development Committee Yuhasz reported that the report is-included in the agenda packet as a separate enclosure and noted that the Economic Development Commission has endorsed it. He noted that the Commissioners did discuss it at their last meeting. The EDC ------- ----- - - be- looking at specific ways to implement the twelve goals in the report. He continued that - . the Planning Board should cooperate with EDC in specific methods of implementing the goals. - - - -Jacobs noted that the Planning Board could - consider and review the report at the January 10 Long Range Planning Meeting. - AGENDA ITEM #8: - REPORT ON THE DUKE FOREST STUDY BY MR. MAX WALLACE Mr. Wallace reviewed the report (copy included as an attachment to these minutes) . ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 3„ 1989 Action Agenda Item # DUKE UNIVERSITY PROPERTIES REPORT DEPARTMENT: Planning PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Work Plan - Duke University Planning Director - Extension 346 Properties Report Properties Report TELEPHONE NUMBERS: (Provided previously as Hillsborough - 732-8181 separate enclosure) Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To receive a report on the future uses of Duke Forest lands as prepared by the Land Resources Committee of Duke University. BACKGROUND: At its October 18, 1988 meeting, the Board of Commissioners approved an Administration recommendation that the PID-Public Interest District zoning designation proposed for Duke Forest properties be withheld until receipt of a report which identified the future uses of those lands. On December 13, 1988, copies of the Report and Recommendations of the Land Resources Committee were made available to the Planning Department by Mr. Max Wallace, Associate Vice President for Duke University. At its December 20, 1988 meeting, the Board of Commissioners approved a Work Plan for evaluation of the Duke University Properties Report. The third step in the Plan involved the presentation of the Report to the Board of Commissioners. . r. Max Wallace of Duke University will present the 1ieport. RECOMMENDATION: Receive as information. 2 WORK PLAN FOR CONSIDERATION OF THE DUKE UNIVERSITY PROPERTIES REPORT December 19, 1988 - Max Wallace presents Duke Forest report to Planning Board. December 20, 1988 - Board of Commissioners approves work plan for consideration of Duke Forest report and PID zoning proposals. January 3, 1989 - Max Wallace presents Duke Forest report to Board of Commissioners. January 10, 1989 - Planning Board considers Planning Staff evaluation of Duke Forest report and recommendations for implementation of PID zoning proposals. February 6, 1989 - Board of Commissioners considers January 10 Planning Board recommendation and sets public hearing date for February 27. February 15, 1989 - Notice of public hearing advertised. February 22, 1989 - Notice of public hearing advertised. February 27, 1989 - Public hearing conducted - regular quarterly public hearing. March 20, 1989 - Planning Board recommendation prepared. April 3, 1989 - Board of Commissioners decision. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. 4E2.0 ACTION AGENDA ITEM ABSTRACT Meeting Date: January 3, 1989 SUBJECT: Report From Hazen and Sawyer, Inc. Feasibility of Reservoir Sites DEPARTMENT: Manager's Office PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: John Link TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Don Cordell of Hazen and Sawyer, Inc. will be present to provide a refined assessment of the potential reservoir sites on Seven Miles Creek and the Eno River above McGowan Creek. • BACKGROUND: Using information derived from the recently completed topographic maps, the report will provide updated information on the following: 1 ) storage levels and surface elevations for each alternative reservoir site 2) impact on historical structures and other dwellings 3) construction costs estimates, RECOMMENDATION(S) : Receive as information. H HAZEN SAWYER, P.C. CONSULTING ENGINEERS December 30, 1988 • Mr. John M. Link, Jr. County Manager County of Orange P.O. Box 8181 Hillsborough, NC 27278 Re: Additional Comments on Development of a New Reservoir in Northern Orange County Dear Mr. Link: We are pleased to present this letter report in fulfillment of our agreement with the County, dated November 29, 1988, for providing professional engineering services related to the development of a new reservoir in Northern Orange County. In accordance with the agreement, this report presents updated property requirements and costs for potential reservoirs on Seven Mile Creek and on the Eno River above McGowan Creek. These updates are based upon new topographic maps that have been prepared by Piedmont Aerial Surveys under contract with the County. In the Phase T Water Supply Study and related studies, estimates of reservoir water surface elevations and associated property requirements were based upon one—inch to 2000—foot topographic maps with 10—foot contours. The new maps are plotted at a scale of one inch to 200 feet and have 5—foot contour intervals. They permit property and other requirements for reservoir construction.to be defined with much greater accuracy than was previously possible.. -•• • _ . - This study has focused on-defining property requirements for the following levels of safe yield development, which have been previously evaluated for the two 'referenced sites: • Previously Total Total. Estimated • 20—Year Required Water Surface- - Safe Yield Storage • Elevation (mgd) (mg) _ (ft msl) From Phase I Study Eno River above McGowan Creek 8 1750 . 572 Seven Mile Creek • 6 2100 581 Town of Hillsborough, Seven Mile Creek 8(7)* 4900 597 • *Hazen and Sawyer estimate 4300 GLENWOOD AVENUE • P.O.BOX 30428 • RALEIGH.NORTH CAROLINA 27622 • (919)782-8333 RALEIGH.NC DURHAM.NC - CHARLOTTE.NC - NEWPORT NEWS,VA • HOLLYWOOD.FL • NEW YORK,NY v-- Mr. John M. Link, Jr. December 30, 1988 Page 2 "' As was discussed in our previous letter report to you of July 19, 1988, conceptual designs and project cost estimates presented in the Phase I Study were based upon conventional earthfill dam construction. The Town of Hillsborough has proposed construction of a roller compacted concrete (RCC) dam on Seven Mile Creek that would impound a far larger reservoir than was judged to be feasible in the Phase I Study. As we have previously stated, we firmly believe that a reservoir with a storage capacity' substantially in excess of 2.1 billion gallons and/or a safe yield in excess of 6 mgd should not be contemplated on Seven Mile Creek. The present report does not address the relative merits of alternative types of dam construction. However, preliminary costs have been prepared for earthfill and RCC dams at both sites. We must stress that these costs are very preliminary, especially those related to RCC dam construction. RESULTS The appendix contains reservoir area—storage relationships for the two sites that are based on the new topographic maps. According to these relationships, the reservoir water surface elevations at the Eno River and Seven Mile Creek sites must be raised, respectively, 4.5 feet and •4 feet above the previously indicated levels to achieve the same storage volumes and safe yields. A summary of revised data for alternative dams at the two sites is presented in Table 1 . This table includes data for reservoirs impounded by alternative earthfill and RCC dams that are comparable to those evaluated in the Phase I Study and our July 1988 letter report. The new normal and maximum water surface, elevations for the alternative reservoir projects are shown, respectively, on lines 2 and 3 of this table. The data on line 1 and lines 4 through 7 of this table are the same as in previous studies. This data shows that the reservoir on the Eno River site would have a higher overall yield than any of the Seven Mile Creek alternatives. Revised reservoir area requirements are shown on lines 8 and 9 of Table 1 , and the revised property acquisition requirements are shown in line 10. Land and buildings within the respective reservoir areas (lines 10a and 10c, respectively) fall within the following criteria, as defined in the Phase I Study: • Property, that is within 50 feet of the normal reservoir shoreline. • Property that would be inundated at the maximum flood pool elevation. Mitigation property (line 10b) has also been determined based on the Phase I Study assumptions. A special classification, termed "additional buildings in critical area" (line 10d), has been created for buildings that • are located outside of the defined reservoir limits but in such close proximity that they would be affected to some extent by the reservoir development. We have taken the conservative approach of including costs for such buildings in the respective project cost estimates, although the buildings themselves could be preserved. Y , •t7 C3 3 m (o SUMMARY COMPARISON OF ALTERNATIVE RESERVOIRS Wcro (D ? ------•-----•--...-----••...................•---•-•-----....-------...•---------•----•---..•---•••-•--•••--••••••-•...._.. + SITE 8 SITE D 3 ENO RIVER ABOVE McGOWAN CR. SEVEN MILE CREEK -- r- EARTHFILL/ PHASE I PRASE I HILLSBOROUGH Line No. EARTNFiLL RCC DAM EARTHFILL RCC DAN RCC DAM .. coo X ..•...--••--------------- ------ --.. ............ ••••--•••••- 1. Drainage Area (square miles) 35.6 35.6 13.7 13.7 13.7 576.5 576.5 585 585 601 2. Normal Pool Elevation {Ft. MSL-} 3. Maximum Pool Elevation (Ft. MSL.) ', <'. 586.5 585 595 592 608 4. TOTAL 20-year safe yield (MGD) 8.0 8.0 6.0 6.0 7.0 S. Preliminary Instream flow requirement (MGD) 1.9 1.9 1.1 1.1 1.1 6. NET 20-year safe yield (MGD) • • - 6.1 6.1 4.9 4.9 5.9 7. Total storage at normal pool (million galls) 1750 1750 2100 2100 4900 8. Area inundated at normal pool (acres) 402 402 358 358 705 9. Area inundated at maximum pool (acres) 664 618 558 495 915 10. Property Acquisition a. Lend in reservoir area 664 618 440 380 780 b. Additional mitigation land 0 0 116 180 470 c. Buildings In reservoir area 11 11 1 1 13 d, Additional•buildings in critical area 7 7 2 2 12 11. TOTAL PROJECT COST $19,192,000 $16,257,000 $17,365,000 $15,531,000 $25,428,000 12. Comparitive cost per gallon of TOTAL yield $2.40 $2.03 $2.89 $2.59 $3.63 13. Comparitive cost per gallon of NET yield••• $3_15•••-.•-•••$2_67 ••$3.54_._-.-.-$3_17 $4.31 ..............•••--_project.....•---------•--••••••--•--••---•• ..___..........._ 14. Previous total costs $17,700,000 •- 816,100,000 $13,917,000 $21,551,000 Line No(s). Notes' ----------- ..... 1. Drainage areas for the Eno River above McGowan Creek site includes 9.1 square miles controlled upstream by Lake Orange Dem. 4. All, safe yield estimates ere by Hazen and Sawyer. 5. Instreem flow requirements for the potential new reservoirs are the subject of ongoing discussions with the NC DNRCD Division of Water Resources and may be revised. 6. Net yield equals the estimated total yield minus the preliminary Instream flow requirement. I 10. The 160 acres already owned by the County at Seven Mite Creek are assumed to be available at zero cost for reservoir construction end/or environmental mitigation. 11. Project costs for the Eno River site include an allowance of $250,000 for historical mitigation and an additional allowance of $200,000 for increased operating expenses by the Orange-Alemance system during dam construction. 1 - 14. Taken from the Phase I study or letter report dated July 19, 1988 Mr. John M. Link, Jr. December 30, 1988 Page 4 The term building, applies to all standing structures (i.e. private, residence, garages, farm buildings, and other) that could be identified within the potentially affected areas on the basis of the new topographic maps. Because of the limited scope of this study, it was not possible to determine the type and condition of each of the potentially affected buildings. Buildings of known historical significance have been identified and are the following: Buildings of Known Historical Significance) Site (Total SY-20) In Reservoir Area In Critical Area Eno River Faucette's mill Chatwood • (8 mgd) Little Ayer Mount The Elms Seven Mile Creek None None (6 mgd) Seven Mile Creek None None (7 mgd) The reservoir limits in the vicinity of Faucette's Mill and Chatwood (also known as The Old Coach House) are shown in Exhibit 1 . Exhibit 2 shows the reservoir limits in the vicinity of Little Ayr Mount and The Elms. Faucette's Mill would be completely inundated by the reservoir development shown in Exhibit 1 or by any practical development of the Eno River site. Chatwood, Little Ayr Mount, and The Elms would not be in any risk of being inundated as a result of developing the Eno River site to the indicated level . However, the normal reservoir shoreline would be only about 100 feet away from these buildings. No structures of known historical significance would be affected by developing the Seven Mile Creek site to the maximum level proposed in the Phase I Study or to the higher level proposed by the Town of Hillsborough. A substantial number of buildings that are not believed to be of historical significance would be affected by the Town's proposal. Moorefields is a building of historical significance located downstream of the proposed Seven Mile Creek dam site. This building would not be permanently affected by a reservoir development at Seven Mile Creek, but some disturbances could be expected in this area during dam construction. 1 -These buildings are listed in AN I ©RSI�NICFlI1�N�ELIN HISTORICAL, UNINCORPORATED RECREATISNAL BIOLO I 'L AND GEOLOGICAL PORTIONS OF ORANGE COUNTY, Orange County Planning Department, May 1986. 2-This building is not included in the above inventory but is considered to be of historical interest. ` . M � • y 1 • 1 .................... Page 6 EXHIBIT 2 / N abaliumk,,----------N \ y ii. / • 11111111. 111111e0 /'„ r6016 Nilli ii li look, .7 XNORMAL WSE = 576.5 X 599.■ • .) 1,1 " X:3 ( 1 1 . 1 . . ; ' ...-- .......... / \ , \ 4 )i .e.,"' x503.9 \ LITTLE AYR MOUNT 0' 1 ,-,,zdttit 1 . . • • 0 it 2., Xik. ,... .0, *4k/A ct. \ k*":.7^"IL., .... X59 . \a .:.r,. < kilir k # " X Alliall--;$61 ,\4\\z, • X59c .....— s 1110111111111111 ,... r '' .' -Ilk 9 ...13 ri 1 1 5 .4 : ) . 1 tell C..--1 lip 11\,,, t 4 t \ i Il• af000.""7 . , lt X ..90. ' ENO RIVER ABOVE x577.1 Milk THE ELMS - lir Clit -IF 't 1. NI- 6 GOWAN CREEK II: . • yrs 141 586.5'''' ''.'; ■ . 4.,, ' ( 8 MaD ) ! Ve t, 1. °./ ° . \. 1 oiallatii. ....-.-4, ' . N, . ft-4) - .'"°__.:,•;4*046. NA ...... 4 • i • IL, 41.11 1 , 1 y...• - - .: 11411411.1111101111 . . , 4 41, iit i Alm, .. SCALE : 11=2D0=0' ... . ; I ORANGE COUNT( HAZEN AND SAWYER, P.C. H WATER SUPPLY STUDY Engineers • Mr. John M. Link, Jr. December 30, 1988 • Page 7 The estimated total project costs for the alternative projects are shown on line 11 of Table 1 , and unit costs per gallon of total and net safe yield are shown, respectively, on lines 12 and 13. Individual project cost summaries are included in the appendix. Costs have been updated to reflect the revised property requirements and major cost items in dam construction. Previous cost estimates are shown on line 14 of Table 1 . Please recognize that—Alferrevised -es.timates are made without benefit of detailed site evaluations that would normally be carried out during the preliminary design process. Such detailed studies would be required to determine the technical and economic feasibility of RCC as an alternative to conventional earthfill dam as well as to refine overall design concepts. For example, alternative spillway designs could be investigated during the preliminary design to help reduce impacts of reservoir construction on the local residents. The feasibility of constructing a dam in two phases, which has been proposed by the Town of Hillsborough, is another concept that can only be fully evaluated after detailed study. While these and other important issues remain to be resolved, we hope that the present report, combined with previous reports, provides the County with an adequate basis for deciding which of the two sites should be developed to provide for the county's future water supply needs. Once this decision is made, we hope that the County will continue to provide an appropriate level of protection for the other site to preserve the long term potential for additional water supply development. The Phase I report identified the Eno River at McGowan Creek and Seven Mile Creek as the two most favorable dam sites in northern Orange County. The County may continue to consider non—local options such as Jordan Lake or binding contracts with outside utilities, but these two sites will remain the best available local options. The findings of the present study can be summarized as follows: 1 . The Eno River site above McGowan Creek will yield more water for the County and at a lower unit cost than an alternative reservoir on Seven Mile Creek. 2. Development of the Eno River alternative would impact four structures of know historical significance: Faucette's Mill would be completely inundated; Chatwood, Little Ayr Mount, and The Elms would be affected to some extent, the buildings themselves would not be inundated. Development of the Seven Mile Creek site would not have any significant impact on any structure of known historical significance. For this reason, permitting requirements for the Seven Mile Creek site should be less complicated. 3. Development of the Seven Mile Creek site to create an impoundment volume of 2100 million gallons and a safe yield of 6 mgd would have the least environmental impacts of the alternatives that have been evaluated. This project would *.. permanently inundate approximately 360 acres of land as compared with-400 acres for the higher yielding reservoir at the Eno River site. The reservoir proposed by the Town of Hillsborough would permanently inundate over 700 acres. Mr. John M. Link, Jr. December 30, 1988 Page 8 • 4. This report includes data on the proposed 4.9 billion gallon Seven Mile Creek Reservoir solely for the purposes of comparison. Hazen and Sawyer does not support development of a reservoir to this level . Seven Mile is a viable alternative if development is limited to an appropriate volume. S. Cost estimates for RCC dam construction are lower than comparable estimates for conventional earthfill construction. Until the detailed studies necessary to verify the feasibility of RCC construction are completed, it would be more conservative to base planning decisions on conventional earthfill construction. RCC construction is an interesting design option that should be thoroughly evaluated during preliminary design. This type of construction appears to be economically attractive at either site. The type of dam construction that is ultimately implemented will determine the magnitude of the project construction cost but, should not influence the decision as to which site should be developed. In conclusion, we would like to acknowledge the considerable effort that the County of Orange has put forth to resolve the problem of water supply shortages in its northern communities. Important issues concerning the reservoir design concepts and impacts of the alternative projects on the local environment remain to be answered. We appreciate the complexity of the decision that the County faces in selecting the most appropriate reservoir alternative. We hope that this report will contribute to a better understanding of the issues involved and will allow continued progress towards development of a new reservoir. We appreciate the opportunity to offer these comments. Please let us know if there are any further questions. Very truly yours, HAZEN & SAWYER, P.C. toSIlt k,o‘°01‘k C A RO c.,Ns . ....... c .SatSSIO....•":11 (141f-eke „ectP . 54.14, 101 onald L. elde 1 , .E. ern Associate . 8 . : o%Pita tc‘Ii• IN . "A4414itillt.. James McCarthy, P. . Principal Engineer DLC/JM:jr Enclosures r204/123088 APPENDIX ...—..., . . ORANGE COUNTY, NC NEW CORPORATION LAKE ABOVE McGOWAN CREEK VOLUMETRIC CALCULATIONS 1 CONTOUR SURFACE AREA VOLUME BETWEEN CONTOURS ACCUMULATIVE VOLUME (FT-MSL) (ACRES) (MILLION GALS) (MILLION GALS) 538 0 540 10.92 545 32.62 34 34 550 58.41 73 107 555 94.81 124 231 560 134.35 186 416 565 192.56 265 681 570 265.08 371 1, 053 575 366.75 512 1,565 580 484.38 691 2,256 585 617.89 896 3,152 590 771.16 1,129 4,281 595 945.83 1,396 5,677 600 1143 ..81 1,700 _ 7,377 605 1379.11 2,052 9,429 610 1648.95 2,463 11,893 615 1968.90 2,943 14,836 620 2360.64 3,522 18,358 1. Calculated by Piedmont Aerial Surveys 1.-- b..............— ORANGE COUNTY, NC SEVEN MILE CREEK VOLUMETRIC CALCULATIONS 1 CONTOUR SURFACE AREA VOLUME BETWEEN CONTOURS ACCUMULATIVE VOLUME (FT—MSL) (ACRES) (MILLION GALS) (MILLION GALS) 524 0 530 1.67 535 6.70 6 6 540 17.28 19 25 545 34.69 42 67 550 56.82 74 141 555 81.03 112 252 560 107.91 153 406 565 143.08 204 609 570 177.78 261 870 575 224.15 327 1,197 580 283.39 413 1,610 585 357.75 521 2,131 590 451.52 658 2,788 595 558.27 821 3,609 600 678.55 1,006 4,615 605 818.53 1,218 5,833 610 980.15 1,463 7,297 615 1156.16 1,738 9,035 620 1366.48 2,053 _ 11,087 1. Calculated by Peidmont Aerial Surveys i b-1 STAGE - AREA (NEW CORPORATION LAKE ABOVE McGOIYAN CK) 620 610 600 590 CD 580 — 570 w � cd 560 550 540 530 0 0.4 0.8 1.2 1.6 2 2.4 (Thousands) Area (acres) STAGE - STORAGE . (NEW CORPORATION LAKE ABOVE- McGOIVAN CK) 620 610 600 ' 590 N 580 v s, 570 tic A � 560 s 550 540 530 0 Z 4 6 8 10 12 14 16 18 Storage (billion gallons) STAGE - AREA (Seven Mile Creek) 620 610 600 - 590 r-. 500 1 mow,, 570 no 4J 560 550 540 530 520 0 0.2 0.4 0.6 0.8 1 i.2 1.4 (Thousands) Area (acres) STAGE - STORAGE (Seven Mile Creek) 620 610 600 590 5110 1 570 ; ta (a 560 to 550 540 530 520 8 10 12 0 2 4 6 Storage (billion gallons) 30-Dec-83 SUMMARY OF PRELIMINARY COSTS FOR ALTERNATIVE RESERVOIRS SEVEN MILE CREEK & END RIVER ABOVE MCGOWAR CREEK, ORANGE COUNTY (1988 DOLLARS) ------------- SITE 0 SITE D ENO RIVER ABOVE McGOWAN CR. SEVEN MILE CREEK ----------------------------- ------------------------------- -------- PHASE I PHASE I PHASE I PHASE I HILLSBOROUGH ITEM WORK EARTHFILL RCC DAM EARTHFILL RCC DAM RCC OAR (8 MGD) (8 MGD) (6 MGD) (6 MGD) (7 MGD) 1. Contractor Mobilization r 261,000 229,00.0 247,000 226.000 338,000 2. Dom Site Preparation 851,000 936.000 1,006,000 1,321,000 2,140,000 3.& 4. Dam & Spit tway 6,143,000 4,154,000 6,410,000 5,564,000 8,486,000 5. Diversion Conduit 722.000 683,000 466,000 347,000 364,000 6. Intake Tower 1,131,000 1,128,000 1,160,000 1,050,000 1,210,000 7. Access Roads 03,000 413,000 345,009 345,000 345,000 a. Miscellaneous Site Work 540,000 525,000 574,000 124,000 132,000 9. Electrical 100,000 100,000 100,000 100,000 100,000 10. Reservoir Clearing 450,000 450,000 390,000 390,000 760,000 11. Property Acquisition 2,410,000 2,295,000 1,560,000 1,570,000 4,195,000 12. Road Retocations/Modificattons 1,206,000 1,056,000 1,100,000 910,000 1,490,000 13. Modifications to Existing Utilities 190,000 190,000 0 0 0 ........ ---=--------------------------------------- .............. .............. ............ ............ .............. 14. Subtotal - 14 417,000 12 159,000 13,358 000 11,947,000 19,560,000 15. 30% Engineering and Contingencies 4:325,000 3:648,000 4,007:000 3,584,000 5868000 16. Historical Mittgatopn 250,000 250,000 0 0 0 17. Add DAUB Operating Costs 200,000 200,000 0 0 0 ===cuss* aasiaaaaaaaaaaa=ee=xxa6a=Ceaaalex==aaxaaarx z8==mz=uzx==== TOTAL BUDGET COST $19,192,000 $16,257,000 $17,365,000 115,531,000 $25,428,000 19. Not 20-year safe yield (mgd) 6.1 6.1 TF ====�77 "0*42046TF --- .... ... ... .. .. ... .... . . . ....... 20. Cost per gation of net sa fe yield (S/gpd). .---._.$3.15- $2.67 $3.54------- $3.17 ---.----$4.31 -- --- PRELIMINARY COST ESTIMATE SITE 8: ENO RIVER ABOVE McGOWAN CREEK WITH EARTHFILL DAM NORMAL POOL WSE 576.5 . SY-20 - 8 MGD -ITEM ���-� WORK - QUANTITY I UNIT UNIT PRICE TOTAL i. Contractor Mobilization -- LS -- 212,326 a. Field Office Expense -- L5 50,000 2. Dam Site Preparation 30 AC 1100.00 33,000 a. Clearing and Grubbing 1338 3D AY 2.60 333,000 b. Stripping/Foundation Prep. CS 470,000 C. Surface and Subsurface Grouting -- 3. Dam Embankment 252000 CY 2.50 630,000 a. Random Fill 22400 CY 15.00 336,000 b. Sand and Gravel Filter 29300 CY 25.00 732,500 C. Riprap and foraieg 5000 LF 6.00 30,000 d. Pi z m. Perforated Drain • 28 EA 2500.00 70,000 e. Settlements 50 EA 200.00 10,000 f. Settlement Points 4. Principal Spillway 7340 CY 400.00 2,936,000 a. Reinforced Concrete Concrete 6070 CY 175.00 1,062,250 c. Ston e Bedding b. Mass CB 2400 CY 15.00 36,000 Stone _ LS -- 200,000 d. Tie-down Anchors -- LS -- 100,000 e. Miscellaneous Metal 5. Diversion Conduit 370 LF 1950.00 722,000 6. Intake'Tower •- LS -- 1,050,000 a. Access Bridge '2020 SF 40.00 80,800 7. Access Roads 3500 LF 75.00 263,000 a. Drainage Ditches and Structures -- LS 150,000 8. Miscellaneous Site Work . 3D AC 1500.00 45,000 a. Seeding 2500 LF 15.00 38,000 b. Fencing 1 AC 3500.00 3,500 c. Clearing 2900 LF 255.00 73,000 e. Concrete Ditches 6000 e. Additional l Cl B CY 60.00 360,000 Concrete • f. Erosion Control During Construction -- LS -- 20,000 -- LS -. 100,000 9. Electrical 10. Reservoir Clearing 450 AC 1000.00 450,000 11. Property Acquisition ' cquisition 664 AC 2500.00 • 1,660,000 a. Property Not Including Structures AC 2500.00 0 1 0' b. Mitigation Property 0 AC -- 230,000 c. Buildings 1 d. Buildings in Critical Area 7 IS 520,000 12. Road Retocations/Modifications -- LS - 1,206,000 13. Modifications to Existing Utilities • -- LS •- 190,000 14. Subtotal 14,417,000 ,000 3255 15. 30% Engineering and Contingencies 4,325,000 16. Historical Mitigation- 250,000 17. Add OAWS Operating Costs 18. TOTAL BUDGET COST $19,192,000 . • . • PRELIMINARY COST ESTIMATE SITE B: ENO RIVER ABOVE McGOWAN CREEK, EARTHFILL DAM WITH RCC SPILLWAY ' NORMAL POOL WSE 576.5 , SY-20 - 8 MGD ITEM ��~ WORK I QUANTITY I UNIT 'UNIT PRICE' TOTAL 1. Contractor Mobilization -- LS -- 179,000 a. Field Office Expense -- LS -- 50,000 2. Dam Site Preparation a. Clearing and Grubbing 20 AC 1100.00 22,000 b. Stripping/Foundation Prep. 88800 CY 5.00 444,000 c. Surface and Subsurface Grouting -- LS -- 470,000 3. Dam Embankment a. Random Fill 220000 CY 2.50 550,000 b. Sand and Gravel Filter 19600 CT 15.00 294,000 c. Riprap and Bedding 19400 CY 25.00 485,000 d. 6" Dia. Perforated Drain 5000 LF 6.00 30,000 e. Piezometers 28 EA 2500.00 70,000 f. Settlement Points 50 EA 200.00 10,000 4. Principal spillway . a. Roller Compacted Concrete 11000 CY 39.00 429,000 b. Upstream Facing 5750 SF 9.00 52,000 c. Reinforced Concrete 3160 CY 400.00 1,264,000 d. Mass Concrete 4400 CY 175.00 770,000 e. Internal Drain -- LS -- 100,000 e. Miscellaneous Metal -- LS -- 100,000 5. Diversion Conduit 350 LF 1950.00 683,000 6. Intake Tower -- LS -- 1,050,000 a. Access Bridge 1940 SF 40.00 78,000 . 7. Access Roads 3500 LF 75.00 263,000 a. Drainage Ditches and Structures -- LS -- 150,000 8. Miscellaneous Site Work a. Seeding 20 AC 1500.00 30,000 • b. Fencing 2500 LF 15.00 38,000 c. Clearing 1 AC 3500.00 4,000 d. Concrete Ditches 2900 LF 25.00 • 73,000 e. Additional Class B Concrete 6000 CY 60.00 360,000 f. Erosion Control During Construction -- LS -- 20,000 9. Electrical -- LS -- 100,000 10. ' Reservoir Clearing 450 AC 1000.00 450,000 11. Property Acquisition a. Property Not Including Structures 618 AC 2500.00 1,545,000 • b. Mitigation Property 0 AC 2500.00 • 0 C. Buildings 11 LS -- 230,000 d. Buildings in Critical Area 7 LS 520,000 12. Road Relocations/Modifications -- LS -- 1,056,000 13. Modifications to Existing Utilities -- • LS -- 190,000 14. Subtotal 12,159,000 15. 30% Engineering and Contingencies 3,647,700 16. Historical Mitigation 250,000 . 17. Add CAWS Operating Costs 200,000 18. TOTAL BUDGET COST $16,257,000 . . • -. •23-Dec-88 PRELIMINARY COST ESTIMATE SEVEN MILE CREEK WITH EARTNFILL DAM NORMAL POOL USE 585.0 , SY-20 - 6 MGD ' IUNIT ITEM WORK QUANTITY I UNIT PRICE TOTAL =_~= LS 197,000 1. Contractor Mobilization -- LS 50,000 a. Field office Expense 2. Dam site preparation AC 1100.00 44,000 a. Clearing and Grubbing 189100 CY 2.60 492,000 b. Stripping/Foundation Prep. LS -- 470,000 c. Surface and Subsurface Grouting 3. Dam Embankment 441000 CY 2.50 1,103,000 a. Random and 39200 CY 15.00 588,000 b. Sand and draedl nitter 41400 CY 25.00 1,035,000 d. 6" Dia.and Bedding 5000 LF 6.00 30,000 d. Pi Dim. Perforated Drain 28• EA 2500.00 70,000 e. Settlements 50 EA 200.00 10,000 f. Settlement Points 4. Principal Spillway 7210 CY 400.00 2,884,000 a. MaisfConcd tencrete 2020 CY 175.00 354,000 b. to Concrete Bedding 2400 CY 15.00 36,000 c. Stone -- LS -- 200,000 d. Ti own own Anchors -- LS 100,000 e. Miscellaneous Metal • 5. Diversion Conduit 490 LF 950.00 466,000 -- LS -- 1,050,000 6. Intake Tower 2740 SF 40.00 110,000 a. Access Bridge 7. Access Roads --2600 LF 75.00 195,000 a. Drainage Ditches and Structures LS 150,000 8. Miscellaneous Site Work 40 AC 1500.00 60,000• b. Fencing Clearing 2500 LF 15.00 38,000 b. Fencing 1 AC 3500.00 4,000 c. Concrete 3670 LF 25.00 92,000 e. Additional Class d. Concrete l Class ss B Concrete •- LS _- 20,000 6000 CY 60.00 360,000 f. Erosion Control During Construction -- LS 100,000 9. Electrical 10. Reservoir Clearing 390 AC 1000.00 390,000 11. Property Acquisition 440 AC 2500.00 1,100,000 a. Property Not Including Structures 440 AC 2500.00 290,000 b. Mitigation Property LC -- 20,000 c. Buildings 1 1 d. Buildings in Critical Area 4 2 LS -- 120,000 12. Road Relocations/Modifications -- LS -- 1,100,000 13. Modifications to Existing Utilities -- LS 13,358,000 • Subtotal . 30% Engineering and Contingencies 4,007,000 517,365,000 TOTAL BUDGET COST • • . . 23-Dec-88 PRELIMINARY COST ESTIMATE FOR SEVEN MILE CREEK RESERVOIR WITH RCC DAN NORMAL POOL USE 585 • SY-20 - 6 MGD ------- __ ..7.----------= ITEM WORK I QUANTITY I UNIT IUNIT PRICE TOTAL - , 1. Contractor Mobilization -- LS -- 176,000 • a. Field Office Expense -- LS -- 50,000 2. Dam Site Preparation a. Clearing and Grubbing. 8 AC 2000.00 16,000 b. Stripping/Foundation Prep. 102800 CY 9.00 925,000 c. Surface and Subsurface Grouting 1900 LF 200.00 380,000 3. Dam & Spillway . . &4. a. Roller Compacted Concrete 100100 CY 33.00 3,303,000 b. Upstream Facing 85380 SF 9.00 768,000 c. Reinforced Concrete 356 CY 400.00 142,000 d. Mass Concrete 6290 CY 175.00 1,101,000 e. Internal Drain -- LS -- 100,000 f. Miscellaneous Metal -- LS -- 100,000 g. Instrumentation -- ' LS -- 50,000 5. Stream Diversion a. Conduit 271 LF 930.00 252,000 b. Cofferdams -- LS -- 95,000 6. Intake Tower -- LS -- 1,050,000 7. Access Roads . 2600 LF 75.00 195,000 a. Drainage Ditches and Structures -- LS -- 150,000 8. Miscellaneous Site Work a. Seeding 8 AC 1500.00 12,000 b. Fencing 2500 LF 15.00 38,000 c. Clearing • - 1 AC 3500.00 4,000 d. Concrete Ditches -- LS -- 50,000 e. Erosion Control During Construction -- LS -- 20,000 9. Electrical i . -- LS '7 100,000 , . 10. Reservoir Clearing . 390 AC 1000.00 390,000 11. Property Acquisition • . a. Property Not Including Structures 380 AC 2500.00 950,000 b. Mitigation Property 180 AC 2500.00 650,000 , . C. Impacted Structures 1 LS -- 20,000 d. Possible Impacted Structures 2 LS 7 150,000 12. Road Relocations/Modifications -- LS -- ' 910,000 13. Modifications to Existing Utilities -- LS -. 0 Subtotal 11,947,000 30% Engineering and Contingencies 3,584,000 . . TOTAL BUDGET COST $15,531,000 , . .. . . . - A-11. i --------- . p......m. . _ . . . ' . . . . • 23-Dec-88 PRELIMINARY COST ESTIMATE FOR SEVEN MILE CREEK RESERVOIR WITH RCC DAM NORMAL POOL USE 601 • SY-20 - 7 MGD -------......-... .."=====..-"..... .......=.......-.1.........-.-.........,--......---.......-.1......-••=7-"...- -...--WZ:lt.. -================== ITEM I WORK QUANTITY I UNIT UNIT PRICE1 TOTAL 1. Contractor Mobilization -- LS ... 288,000 a. Field Office Expense LS -- 50,000 2. Dam Site Preparation a. Clearing and Grubbing 13 AC 2000.00 26,000 b. Stripping/Foundation Prep. 166000 CV 9.00 1,494,000 c. Surface and Subsurface Grouting . 3100 LF 200.00 620,000 3. Dam & Spillway &4. a. Roller Compacted Concrete 180400 CV 31.00 5,592,000 b. Upstream Facing 137210 SF 9.00 1,235,000 • c. Reinforced Concrete 403 CV 400.00 . 161,000 d. Mass Concrete 7130 CY 175.00 1,248,000 e. Internal Drain -- LS -- 100,000 f. Miscellaneous Metal -- LS -- 100,000 S. Instrumentation . -- LS -- 50,000 5. Stream Diversion a. Conduit 289 LF 930.00 269,000 b. Cofferdams -- LS -- 95,000 • 6. Intake Tower .. LS -- 1,210,000 . • 7. Access Roads 2600 LF 75.00 195,000 a. Drainage Ditches and Structures .. LS -- 150,000 • 8. Miscellaneous Site Work . a. Seeding . 13 AC 1500.00 20,000 b. Fencing 2500 LF 15.00 38,000 0. Clearing 1 AC 3500.00 4,000 d. Concrete Ditches -- LS -- 50,000 e. Erosion Control During Construction -- LS -- 20,000 9. . Electrical -- LS -. 100,000 • 10. Reservoir Clearing ' 760 AC 1000.00 760,000 11. . Property Acquisition . . , a. Property Not Including Structures 780 AC 2500.00 1,950,000 • b. Mitigation Property 470 AC 2500.00 1,175,000 c. Impacted Structures 13 IS -- . 530,000 • d. Possible Impacted Structures . 12 LS " 540,000 12. Road Relocations/Modifications •.. LS -- • 1,490,000 13. Modifications to Existing Utilities -- LS -- 0 Subtotal 19,560,000 30% Engineering and Contingencies 5,868,000 - TOTAL BUDGET COST 525,428,000 . , :.• .".i . • t, _ _ - ■ 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date January 14_ 1989 Action Agenda Item if SUBJECT: WORK_PGAN/ZONING.HISTORY - JOHNNY-KENNEDY PROPERTY DEPARTMENT: PLANNING PUBLIC BEARING Yes _x_N0 ATTACHMENT(S) : INFORMATION CONTACT: 12-29-88 Planning Director Planning Director - Extension 346 Memorandum TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider information requested at the December 20 meeting relative to the proposed rezoning of Mr. Johnny Kennedy's property from GC-4 to EC-5. BACKGROUND: Recently adopted Comprehensive Plan amendments for Eno Township and staff-initiated rezonings to promote consistency with the Land Use Element could possibly make Mr. Kennedy's business operations on lots 24, 24A, and 24B, tax map 25, nonconforming. At the Commissioners meeting on December 20, Mr. Kennedy's attorney, Cyrus Hogue, questioned the propriety of rezoning Mr. Kennedy's property, since it was his understanding that the property was in the activity node. A repesentative of the Planning Staff stated that the property never had been in the activity node. The Commissioners asked for further clarification on the history of the node. Mr. Hogue also stated that the EC-5 zoning district was not consistent with Mr. Kennedy's business and would not permit expansion. The Board asked staff to investigate possible amendments to the table of permitted uses for the EC-5 district which would address these concerns. The Planning Staff has responded to the Commissioners concerns through the attached 12-29-88 memorandum to the County Manager. RECOMMENDATION: Receive as information. ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 MEMORANDUM TO: COUNTY MANAGER FROM: PLANNING DIRECTOR DATE: DECEMBER 29, 1988 SUBJECT: JOHNNY KENNEDY PROPERTY (1) ZONING HISTORY (2) ZONING ORDINANCE TEXT AMENDMENTS COPIES: COUNTY ATTORNEY PLANNER III (CURRENT) PLANNER III (COMPREHENSIVE) The following information is provided in response to inquiries by the Board of County Commissioners at its December 20, 1988 meeting regarding the property of Johnny Kennedy. ZONING HISTORY The property is located on the north side of the off ramp leading from 1-85 to U.S. Highway 70 West. The property is known as lot numbers 24 (2.44 acres) . 24A (1.52 acres) , and 24B (6.18 acres) of Tax Map 25- Eno Township. Lot 24 contains a 56' x 64' aluminum warehouse (3,584 sq.ft. ) . A minor subdivision of the property was approved in March, 1985 which divided the original 10.14 acre lot into the three parcels described above. (See Attachment A. ) . _ The property in question was-zoned GC-4 General Commercial-4 on September 2, 1981, the date of adoption of the updated Zoning Ordinance and Atlas. Prior to that _ time, the property was zoned GC - General Commercial. The property was being used as a plant nursery at the time of adoption of the new Zoning Ordinance and Atlas. (See Attachment B. ) 2. The Orange County Land Use Plan was adopted on September - 2,' 1981. The I-85/U.S. 70 intersection was designated in the Plan as a Commercial-Industrial Transition Activity Node (Eno-2) . Eleven different criteria are used in defining a 3 Commercial-Industrial Transition Activity Node. The outer limit or boundary of the node is defined by following standards pertaining to transportation systems: a. Focused on the intersection of arterial and/or collector highways and extending 0.5 miles beyond such intersections. OR b. Within one mile of an interstate interchange and within 1000 feet of rail lines. The application of these standards is shown on Attachment C. The real limiting factor are the standards for land uses which include land located within identified Ten or Twenty-Year Transition Areas. The Twenty-Year Transition Area is shown on Attachment C. For a lot or parcel to be located within the node, it must satisfy at least both of the above criteria. The criteria as well as the remaining nine are shown on Attachment D. The overall Land Use Plan for the County is shown on Attachment E. The node area derived from the application of the criteria is also shown on Attachment C. The Kennedy property is outside of the node, and it can be concluded that the property was erroneously zoned GC-4 in 1981. It should have been placed in an EC-5 zoning district category. 3. On July 5, 1988, the Land Use Plan for the Eno Township Component of the Comprehensive Plan was amended. The designated Commercial-Industrial Transition Activity Node boundary is shown on Attachment F. The Kennedy property is not located in the Node and should be zoned EC-5 to provide consistency between the Comprehensive - . _ _ Plan and Zoning Atlas. ZONING ORDINANCE TEXT AMENDMENT _ The placement of the Kennedy property in an EC-5 zoning - -- district designation will make the existing use of the _:. property (retail/mail order sales of school bus parts) nonconforming. To make the current use a permitted use, the . following Zoning Ordinance text amendment is proposed: 1. Amend the list of permitted uses in Table 4.3, including S42, S43, S44, S45, S46, and S47 to add the wording, including mail order operations, after the word A "equipment" in each. (See Attachments G and H. ) The amendment, if approved, and the fact that retail uses are currently permitted in EC-5 would allow Mr. Kennedy to use his property in compliance with the Zoning Ordinance provisions. The "mail order operations" would be controlled in size the same as retail establishments; i.e. , through the use of traffic generation performance standards. The amendment would also be consistent with the Standard Industrial Classification system which classifies mail order houses as "miscellaneous retail" . As an additional consideration, the Board of Commissioners may also wish to consider zoning only that portion of Mr. Kennedy's property used for commercial purposes EC-5 instead of all three lots. The lot in question is Lot A on Attachment A, also known as Lot 24 of Tax Map 25 - Eno Township. The anticipated public hearing date on any proposed amendments would be February 27, 1989. VVLCL(.414&0-1902:44. Marvin Collins Planning Director • • - _ - _ . _ _ � -'• � r..tb Pc. iwttuo.wc ¢oao o.}t.. � jf 2.44 At. tatwotWC c.9 up lr 1 C.Vb we. Ur-T 0 ARLA. 'a TRAours 1O,14•A�C•. 'I G j 3�g�o�.btt Ate': , •♦' � � � . ; \ s,e• sue' s♦C yt.c�.N9• yZ4.99 !. ' PiNVxc• Ror.o'90� W -' t d.� S- Lq ° �$ea gD4rir ao-tv �yo° \ 1 sL �7�A m♦ 1! 0 `n v ; ab)dL D.W. y ♦!R°D1+cu P•�'�""'-•� „` (� t4%* • tt .ttt*. \ Nj Vaay. ` ? ♦.l.r wa.VV °^• ! Vw i. •• c I R 4 `4w' 0D coR -M i'^w �cKt-� Lai—$ SEPT cgRr,iLFt Ut . 3 H Vi • I�FI•�E t♦ 'I��t. wir •'7 y, .. r,��::'� :f. a'�)��.�', •i' 1+ 1:'t. 1..� d 1 .'{'1;i . . f.,a jj •F s;, ,t'_.}v"St! '{� j�c •�4r i+tj,.' • ENO MMSfiIP USE - TAX MAP mrAL SIZE of EXISTING PROPOSED S.R. NO. NAME OF USE BLIVLO'I' LOOP SIZE ZMING LOT ZONING ZONING Il 1 Tom's Quick Stop 5-11 1.38 ac. Whole Lot' RC NC-2 U.S. 70-A 2 Rural Processing 8-32A 2.3 ac. loot x. 40' RP AS 155ti 125' From 1554 3 : ! 12-4A 122.39 ac. Approx. 1 ac. RC EC_ ' . • . 5 1002 4 Tinner3's Groe. 1b-248 140' X 190' Whale Lot RC EC-5 Craig f1d. 5 Kountry Kitchen 21-39 4.7 ac. Whole Lot RC NC-2 U.S. 70 E 6 Laws Exxon 21-30 264' x got Whole Lod— RC NC-2 U.S. 70 E 7 Motorcycle Works & 25-4 & 5A Approx. 2 ac. Whole Lot GC GC-4 U.S. 7fl E Jacobs Glass 8 Nursery 25-24 10.14 ac. Whole Lot GC t 158 Z GC-� 9 Skyland Motel 25-69 5 1 5.b2 ac. Whole Lot GC GC-4 U.S. 70 E 10 Latta Const. Co. 8.1 ac. ' 67A 768 Whole Lot GC GC-4 U.S. 70 E 11 A.K. Jackson Prop. 25-6I b3;b Whole Lot GC GC-4 U.S. 70 E 65, 66 12 �. 25-42 15.27 Approx. 2 ac. GC GC-4 Off U.S. 70L' 13 Loman's Truck Sales:• ' 25-46 �5{}t x 1501 ;.- Whole Lot GC CC-4 U.S. 70 E Repair . - s r p 25-lf5 ill Auto Re 130' x 2601 1., Whole Lot GC GC-4 U.S. 70 E 15 Bobby en Plumbin� y 8 �,, i 25-136 Approx. 1 ac. Whole Lot GC GC-11 U.S. 70 C 16 Prank's Produce, F25-105 1.6 ac. Whole Lot GC GC-!E U.S. 70 E i 17 Dixie Stores :: ; 25-102, 8.32 ac. 102A Less Than GC , GC-4 U.S. 70 F ay ' r _ 1 ac. each o , i0^�1 �O e' _ L .a_� �(7If 1...• �.ctL`1! i O TF OdOut fo, ►�� �r 1 0 an op w . __ A— -1-Tilikr.t4 m gi" ta___ ____ . . - _ II: . ____ ` 8 ?LAN CATEGORY: COMMERCIAL-INDUSTRIAL T.RANSIT:ON ACTIVITY NODE Land Slcpe. Located on Transportation System. Focused land witn slopes of less on the intersection of arterial than 15"• grade. and/or collector highways and li: Lyc. extending .5 miles beyond such _ologv.. Located out- intersections or within one side of 100-year flood mile of an interstate Inter- prone areas as identified mange and within 1000 feet of by the Corps of Engineers. rail lines. IIFlora and Fauna. Located Energy Use. Located within away from sites that would, less than a 10 minute tom- if develaped, create a muting time from an Urban threat to unique or endan- area. 1/: * • • gered species as identified -. by the state or federal Existing Land Use. Located government. within ident=ified Ten or Twenty-Year Transition areas. Soil Conditions. Located in areas where general soil Agriculture and Forestr . Lo- conditions are suitable for cater away iron areas where urban uses because of good development would have a detri- . drainage characteristics mensal impact on productive and load bearing capacity agricultural uses and managed for site development. forest land. Public Services/Utilities. Population Densitz. Located Located in areas wnicn are in areas with moaerate to high or could be reasonably and population densities. effectively served by cen- _ tralized public services and . -.-- utilities. . - 'Historic and Cultural. Located away from areas where development . would nave a cetrimental impact on state or federally acknowledged historic-cultural sites or County identified Public interest Areas. .. • _ ._-_ - PLAN CATEGORY: RURAL COMMUNITY ACTIVITY.NODE Land Sloe. Located on sand with slopes of less _ Traasoc�tatior. System. Focused p on the intersection of arterial •_ ., than 15: grade-_-. and/or collector highways and Tm extending .5 miles beyond such_w. H 1 ydrology.- Located out- an intersection. - • •- side of-100-year flood - - --•- prone areas as identified . . .. . Ener ry Use. No evaluation. • - by the Corps__ot Engineers. . . --. . _ . _ . .. . _ Existing Land Use. ,. Location --__ _ - -_ �'l cra and Fauna _ Located_______,-- c nar ae ter•zed :y. a cross-roads— ..� _ -- •- away from sites that would, _ ._ that serves as a focal area If developed, create a for the surrounding rural and-_�, - ^ - threat to unique or endan-.. _ farm population and-contains....-. , - - _ - gered species_as identified- three- or more commercial:or - . by the state. or federal govern-':-. '_ institutional land uses.•--- -- '~ - - i r.- _--�c ------; - Agriculture and ?orestc.y.TLc-- _ _ - _. .—.. —.-• - Sc l Conditions. •=-.,,ocated= f - eaten- at sties- within rural... .... ._ .... , -- ... �_-...-- =..n areas where general soil_:___---„:„_:.. areas_ that would not unreason-.. --- __ conditions are suitable for ably :intrude upon tie'existing---;--'- . - - on-site sewage disposal-7.-7- landscape character. ...._ - —._• -,----7.-- --- systems. - _ - . - Population Density. Located Public-Services/Utilities - . in areas whim would serve the - - Located in areas tnat will surrounding low-density rural . not require urban-type. • . __ and agricultural population,- services. generally 100C-5000 persona. ... Hi:tor is and Cultural. Located away from areas where development would have a detrimental impact on state or federally acknowledged ' or IP - • - historic-cultural sites ^ . _ . . _. o. ..ounty identified Public Interest Areas. • - g` '12 ( A 1 ll 1 , , / ("j . � 11r 1 � , , I iiI C0.1 [ , , i ,Ci 11111111111111111k r ul �;: ,,�,, L 0� r . .....rus .... , N.,Lit, • �' Irrdll.:1 .rOP tii .a. ` ` Aallitepi: Li.; cheeks i1�. ' II'�ttii �i 01 I f I it ' Hills.T , I R k ,.1I 111411 P l• D,,--:,..:, 411.11 J \ -ry"-r 1II[j �y ; 'a t ` / i� 1 v S�„ vs' V igo. 0,i III 1 � o t 1 17 .. ..,�c1�01,� .r�I�l �� __mi —,••Tiler_..q+yL-'�` e�.�su^' -�}gym 1 [� ,,tom 1. rw..�'�...; - .>.'i�y��{~'�t111 rr�titttto 1 �r'1i11!1,51iitt II"' ;, � r r7 4 ---. 0".. .-7717171,:"..4i4.'Ar.•..: ''''.'1,1' : .\ ..i 1 i ,,. or„..1._.:,.. ...:..k.. wil. :...._51,40.1.:,..:",-;*. ( , III ( t, / 1'• -• < ► ,•% :.c .,!•w'•.'f--''I r.: Z 1 I I ! t) I L .�r ,. +l! a;w, r 4.- ,,��♦'�Y>.a. w r41 3 i,-' J ' 4 :k 4 - �! pp „ ° - -;t�r�' :-..fl. T' .... - 1.11 - -_._ ___ ..44.-,: W2' i 111 lye la• . .. 2. ill 101111111g11104:Aft"?'L il-tW' - .- 7.--. ' ' - -- _ •,: v ' 1 1111111infirtr.--',',It• *0.4‘.74_ • . < :- :-.. - -- �• 1Ili k►: o ce ,T%4�t •e .4:N 0. _ .t 6�_r l , h , J ..,- , : - r- LAND USE PLAN - . • PLAN CABS: 't'" .y EZI ums,aN Nlai PUBL.0 INTEREST AREA 6 RURAt.Cop.A IPJ T V soy`/EAR TRANSITION al YbTER SI-RI=LV%A AT O 0 RURAL NE1C4•I134 'OO lia=YEAR TRANSmcw AC7TV1TY NrC.JE.S' 0 QED URBAN . uml RURAL SUFFER O TPA NEIT[YV 0 ExertNG LosaN SCALE ' EDRLIRAI. RE5+L NTIAL. a OONL/NOuSTRIAL TRANSITION o +loo solo• sox/ \ ©AGR CULTL.RAL PES. A RUtaAI NOUGTFMAL • i I f 0 a � •. � O o f yyy... r �• y o CA MISS +4.3 PERMITTED USE TABLE * PERMITTED USE A - CLASS A_SPECIAL USE (ARTICLE 8) B - CLASS 8 SPECIAL USE (ARTICLE 8} ' P.B. AR Rj R2 '113 R4 R5 89 R1 LC1 NC2 C3 GC4 EC5 Ol El If 12 13 AS ED PID S42 Retail Trade; Sales, & Rental —of Convenience Goodg, Mer- chandise.& Equipment Where No Adverse A mpacts'Occur Beyond Immediate Space Occupled. By The Building Where: A) Operations Are Designed To Attract.& Serve Few Customers Or Clients On-Premises Other- Than Employees Of The Principle Use. : : 1 B} Low Volume.-,Traffic Generation (0-200 Trips/Day) C) All Operations Entirely Within A Fully Enclosed Building Wlth ,No Outside Storage S43 Retail Trade.- Sales, & Ren.ta I of Convenience Goods, He r chandise & Equipment Where No Adverse Impacts Occur Beyond Boundaries of Lot .Where the Use is Located. A) Medium Traffic Generation (200-300 Trips/Day) S44 Retail Trade, Sales, Rental Of Convenience Goods, Her- chandise, G Equipment Where No Adverse Impacts Occur Beyond The Boundaries Of The Zoning District. Iligh Volume Traffic Generation Amendments: (1) 1-5-8/ RB JAR ITI R2 R3 R4 rRRi' 13 LC t HC f,3 G�11 {1i E I 1 I 1? 13 AS ED POD JIM 4.3 PERMITTED USE TABLE A � PERMITTEO,USE A a CLASS A SPECIAL USE (ARTICLE $) 8 . CLASS 8 SPECIAL USE (ARTICLE 8) RB AR Rj R2 R3 R4 R5 R8 RI LCI' HC C3 GC4 EC OI Et ti 12 13 AS ED ID S45 Retail Trade, Sales, b Rental Of Durable Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond The Inmediate Space Occupied By The Building Where: A) Operations Designed To Attract & Serve Few Customers Or Clients on Premise Other Than Employees of the Principle Use. B) Low Volume Traffic Genera= i tion (0-200 Trips/Day) 'p C} All Operations Within A Fully Enclosed Building & No Storage Or Display of Goods Outside A Fully Enclosed Building Sob Retail Trade, Sales, & Rental Of Durable Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond The Boundaries Of The Lot With Medium Traffic Generation (200-800 Trips/Day) No Storage Or Display Of Goods Outside A Fully Enclosed Building. n ,� S47 Retail Trade, Sales, Rental of Durable Goods,Merchandise 6 Equipment Where No Adverse Impacts Occur Beyond The Boundaries of The Zoning Distri t. 111gh Traffic Generation, Re AR Rt R2 R3 R4 R5 R? i3 LC1 NC? C3 GC4 C5 Oi EI tt f? !3 AS ED PID Amendments: {i} t-5-87 {1} . ti I ! 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F- ACTION AGENDA ITEM ABSTRACT Meeting Date: January 3, 1989 SUBJECT: DOCUMENTATION FOR GRANT FROM NC DOT-AVIATION DEPARTMENT: PURCHASING . PUBLIC HEARING YES: NO:XX ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES CERTIFICATION OF LOCAL FUNDS APPROVAL EXT 498 PRE-AUDIT INFORMATION Telephone Number- FINAL REQUEST FOR AID FORM Hillsborough -732-8181 Chapel Hill -967-9251 Mebane -227-2031 Durham -688-7331 PURPOSE: To authorize the Chair to sign forms which will be submitted to the State as follow up documentation to the recently approved grant request. BACKGROUND: The proposed Orange County airport was recently included in the FY 198889 Transportation Improvement Program (TIP) for the State of North Carolina and was granted $45,787 in State funds as requested. These funds will be used to conduct a feasibility study of the proposed facility. In order for the State to begin processing the grant, the County must submit forms verifying the local participation level and providing certain administrative data. We are requesting that the Chair be authorized to sign form AC-1 , Certification of Local Funds Approval and AC-3, Final Request for Aid in order that the grant can be processed in a timely manner. Form AC-2, Pre-audit Information will likewise be a part of this submission to the State and is included here for your information. RECOMMENDATION: Authorize the Chair to sign designated forms. 1 NCDOT STATE AID TO AIRPORTS ORIGINAL 1989 TRANSPORTATION IMPROVEMENT PROGRAM-AVIATION ELEMENT CERTIFICATION OF LOCAL FUNDS APPROVAL (AC-1) MOSES CAREY, JR, CHAIR TO THE COMMISSION (NAME AND TITLE) representing ORANGE COUNTY, NORTH CAROLINA (OFFICIAL NAME OF SPONSORING AGENCY) • do hereby certify that the local share of funds for the State Airport Aid project designated below has been formally approved and placed into the FY 1989 budget of the Sponsor. Furthermore, I certify that it is the intent of the Sponsor to adhere to the indicated schedule. I also certify that the Sponsor is aware that it is the policy of the Department of Transportation that State Airport Aid Projects be placed under construc- tion in the Fiscal Year in which funds are allocated and completed promptly and that this allocation has • been made by the Department of Transportation contingent upon the Sponsor beginning this project during Fiscal Year 1989 and completing it without unreasonable delay. APPRQVAL OF FUNDS: Project No: 9;9450891 Work Element: Fe..a4._ Lb 4tad on new cull E. oat State FUnds Allocated: $ 45.787 • AMOUNT OF LOCAL FUNDS FORMALLY APPROVED: $ 53,ng DATE OF FORMAL APPROVAL BY THE SPONSOR: June 23, 1988 II. INTENDED SCHEDULE:. • SELECTION OF CONSULTANT: competed Feim.ua4, 1988 COMPLETION OF PLANS: 14a4te.4. Min 4cheduted 4ott pted6e.ntati.on. 8-7-89 COMPLETION OF CONSTRUCTION: nit" III. ZERTIFICATI(0...„2* E BOVE CONDJT !" 5: _ SIGNED: MS . " ' DATE OF SIGNATURE: JANUARY 3, 1989 / (Sponsor: Complete All Lines With Boldface Headings) FORM AO-1(7/88) 3 NCDOT STATE AID TO AIRPORTS PRE-AUDIT INFORMATION (AC-2) AIRPORT: PROPOSED ORANGE COUNTY PROJECT NO: 9*9450891 The following information is required to be completed by,or for,the local representative who will be responsible for the accounting system and the actual accounting for the project to be undertaken. A pre- , audit of the accounting system and the Grant Agreement is required prior to the execution by the North Carolina Department of Transportation. All final audits will be accomplished by the sponsor as part of a system single audit. SPONSOR: ORANGE COUNTY, NORTH CAROLINA NAME OF BUDGET OFFICIAL: ELLEN G. LISTON TITLE OF BUDGET OFFICIAL: DIRECTOR OF FINANCE • ADDRESS: P.O. BOX 8181 Hit4Aboka4git, NC 27278 TELEPHONE: (919) 732-8181 ext 490 -Tammany 3 DATE: 3, 1989 • FORM AC-2(7/88) • • 349 NCDOT STATE AID TO AIRPORTS ORIGINAL FINAL REQUEST FOR AID (AC-3) AIRPORT: Piopozed 01 Lange County PROJECT NO: 9.9450891 Sponsoring Agency: akange County, Wont* Catotina Mailing Address: PO Box 8181 Hittzbotough, NC 27278 Sponsor Contact: John M. Link, Pt,. County Manage& Telephone Number of Contact: (919) 732-8181 ext 501 Is This Project Proposed for Federal Aid? no Federal Aid Project Number(if assigned): Name of Consulting Firm: Waco_ Smith Asza ciate.4 Consultant's Project Manager: Gaky Va4ga. Consultant's Telephone Number: (8031 738-0580 ***IHr**IlreitaroymilrbIt414******114 flr*****InIMilriltr****** ....*****Itirit*****Inr******IrIMA11..***************1/01.4.1116vIrom-irm we** STATE FUNDS REQUESTED BY MAJOR WORK ELEMENT(funds to nearest dollar): WORK ELEMENT Total Est FAA Funds Local Funds State Aid Cost Proposed Committed Requested Feasibility study on • pnopo4ed new ain.pont 99,575 none 53,788 45,787 TOTALS 99.575 0 . 53,788 45w787 I hereby certify that,to the best of my knowledge,the information in this application is true and correct • and that the Sponsors shaie will be available for expenditure upon execution of a State Grant Agree- ment. Typed Name and Title: Mo42.6 Crzte.y Chailt to the Board Signature: Date: January 3, 1989 FORM AC-3(7188) 1 • • w4 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F-2. ACTION AGENDA ITEM ABSTRACT Meeting Date: January 3, 1989 SUBJECT: Approval of State Contracts for elderly services DEPARTMENT: Aging/Social Services PUBLIC HEARING YES: NO: X • ATTACHMENT(S) : Two contracts: INFORMATION CONTACT: (1) DOA-$B,820- Home Repair & outreach Jerry Passmore, DOA (2) DSS-$21,039- Chore & Respite Care Marti Pryor-Cook, DSS Outreach Neighborhood Advisor Summary TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 • Durham - 688-7331 • PURPOSE: To consider approval of state funded contracts available under Senate Bill 1559 from the Triangle J Council of Governments, October 1, 198B through June 30, 1989. State funds allocated to Orange County are (1) Chore under In-Home Support- $7,896, (2) Respite Care under Caregiver Support- $ 13043, (3) Minor Home Repairs under Title III-D State Supplemental,- .$2, 193 (require a $244 local match) and (4) Outreach under regional Neighborhood Advisor Project- $ 6,627. BACKGROUND: These long term care funds are targeted for the frail or fragile elderly to remain in their homes or to assist isolated elderly. Both County Directors on Aging and Social Services have conferred on the use of these limited funds. The Aging Director would coordinate the application process and. would administer the minor home repairs funds and the Neighborhood Outreach Advisor Project. The Department of Social Services would administer the Chore and Respite Care Funds. Funds for Respite Care, Chore, and home Repair (health related) will be coordinated through the inter- Departmental Care Management Team. RECOMMENDATION(S) : . Recommend Approval . 2 4 , • ORANGE COUNTY (for the ORANGE COUNTY DEPARTMENT OF AGING) and TRIANGLE J COUNCIL OF GOVERNMENTS .. CONTRACT FOR SE 1559/STATE III-D SUPPLEMENTAL SERVICES The Triangle .3 Council of Governments (hereinafter referred to as "COG") arlit Orange County, a unit of local government, for the Orange County Department of Aging (hereinafter referred to as "Contractor" or Agency") In consid- eration of the mutual covenants and promises contained in this Grant Agreement agree as follows: • WITNESSETH THAT : WHEREAS, COG desires to engage the Agency to render certain social services (hereinafter described in connection with an undertaking or project and referred to as the "Project") which is to be wholly cr partially financed by a grant ftwom the N.C. Division of Aging (hereinafter, along with the appropriate auditing agency of the entity making such grant, referred to as the "concerned Funding Agency or Agencies"), said grant being a Contract for Ste 1559/STATE SUPPLEMENTAL SE ft VIC ES (hereinafter referred to as "Grant") and, WHEREAS, the Agency desires to render such services in connection with the Proct: NOW THEREFORE, in consideration of the premises, and the mutual convenants and agreements hereinafter contained, the parties hereto agree as follows: 1.• Employment of the Agency. COG hereby agrees to engage the - Agency and the Agency hereby agrees to perform the services hereinafter set forth in accordance with the terms and conditions contained herein. • 2 Local Support. In accepting this contract providing for $8.87d of the state finds, the Agency agrees to provide not less than $_24.4.._ of acceptable matching cash and acceptable in-kind contributions. 3. Scope .of Services. Agency shall do, perform and carry out in a satisfactory and proper manner the work and services described in Attachment "A" which is attached hereto and made a part hereof. 4. Time of Performance. The services of the agency are to commence no later than fifteen (15) days after the execution of this contract and shall be undertaken and pursued in such sequence as to assure their expeditious completion and as may be required in Attachment "A". All services required hereunder shall be completed on cr before June 30, 1989. 5. Compensation and Method of Payment. The Agency shall be compensated for the work and services to be performed under this contract as set forth in • 3 Attachment "A" which is attached hereto and made a part hereof. In no event, however, will the total compensation and reimbursement, if any, to be paid the Agency under this contract exceed the sum of $8,820.00 6. Progen Payments. Unless.otherwise provided in Attachment "A", the Agency shall be entitled to receive progress payments on the following basis: As of the last day of each calendar month during the existence of this contract, the 'Agency shall, submit to COG an invoice fbr payment based on the unit cost r�a.mbursement rate per service (as identified in Attachment "A") through the invbiced period. Subjsct to C 0 G's right to verify the accuracy of' the invoice and the satisfactory performance of the work evidenced thereby, COG will make payments to the Agency on a monthly basis as the work progresses but not more often than once a month. Invoices must cover a period ending with the end of a month and must be received within ten (10) days following the end of the invoice period. The Agency will be paid an amount which equates the agreed upon unit cost reimbursement rate to the units provided during the invoice period. 7. Documentation of Expenses. Agency shall maintain full and complete documentation of all expenses associated with performing the scope of' work under this contract. Expense documentation shall include: timesheets for each employee, showing time went on services for recipients; receipts for any supplies purchased for use on this contract; any applicable subcontract expenditures; all applicable overhead and indirect expenditures; and such other documentation necessary to substantiate overall costs of' delivering the contracted service (including Agency contribution as well as amounts reimbursed by COG). 8. Documentation of' Service Recants and Confidentiality. It is expressly understood and agreed that the report procedures established by COG may include, but not be limited to, the names and addresses of individuals receiving services under the terms of this contract, with the understanding that no personal information obtained f om any individual will be disclosed by COG in a form which allows identification of' the individual, without the written consent of' . the individual, It is understod and agreed that the report procedures established by COG may also include actual costs incurred per unit of service including both COG costs and Agency contributions. 9. Reprogramming of Funds. It is understood and agreed that, in the event that the amount of funds received from the North Carolina Division of Aging is reduced, COG may, in turn, decrease the total compensation and reimbursement to be paid hereunder and require corresponding changes in the Scope of' Services as set out in Attachment "A". It is further understood and agreed that, in the event at the end of each quarter, the Contractor's rate of progress on this contract is leading to underspending at the end of the contract period, due to inability to provide services at planned levels, COG may decrease the total compensation and reimbursement to be paid hereunder in order to allocate funds to other contracts and services. 10. Change of unit Cost Reimbursement Rates. COG may renegotiate the reimbursement rates as set forth in Attachment "A". The parties agree that COG will consider increa.3ing the reimbursement rate only unaer two circumstances: . 4 10. Change of.Unit Cost Reimbursement Rates. COG may renegotiate the reimbursement rates as set forth in Attachment "A". The parties agree that COG will consider increasing the reimbursement rate only under two circumstancem (a) Upon a showing by Agency that actual costs have increased due to factors beyond Agency's control; or (b) Upon a showing by Agency that actual costs have increased due to a sudden increase in client load (e.g., due to a disaster event). The parties further agree that COG shall have the right to decrease the -4-reimbursement rate under any circumstances which show that actual costs are -less than projected; including, but not limited to, circumstances in which: (a) Overall costs of providing service are shown to be less than fares-e in the Agency's original bid forthis service; or (b) The Agency fails to document the required local match such that the COG reimbursement rate exceeds ninety percent (90%) of service costs. In the event the reimbursement rates are decreased, COG may, at its option, increass the total number of units of service to be delivered. • 11. Payments by Service Recipients. No individual receiving services under the terms of this Agreement shall be required to pay any part of the cost of the service. However, recipients shall be given the opportunity by the Agency to make some contribution for the service in a manner approved by COG. Agency shall post a notice in a conspicuous place, stating that no charge is made for the service, but that contributions will be accepted. Agency shall furnish envelopes to all clients for confidential contributions. Agency shall offer a locked box in a convenient location for confidential deposit of envelopes. All envelopes shall be collected and operated by the Project manager or a person designated by the Project Manager. Envelopes shall be opened in the presence of •another person, the money shall be counted and the total recorded. The money shall be deposited in accordance with the usual procedures of the Agency, with a separate receipt., Accumulation of contributions should not exceed fifty dollars ($50) between deposits. 12. Program Income. Program income is any money received by Agency as a direct result of contract actiity. Agency shall maintain daily records of voluntary contributions by (or on behalf of) service recipents, interest received on COG advance before disbursement, and any other program income. Agency shall not withold any program income as an offset to COG reimbursement. Program income shall be used in the same year it is received to provide additional services. Upon completion of the work, including the receipt of any final written submission of the Agency, COG shall pay the Agency a sum equal to one hundred percent (100%) of the compensation to be paid under this contract, less the total of all previous payments made. Notwithstanding the foregoing provisions of this paragraph, COG will make diligent efforts to obtain advance funding from its funding source; and if it receives such advance funding, then the Agency shall be entitled to advances once a month based upon requisitions of the estimated amounts of expected expenditures for such month. • 5 13. Agency's Personnel. Agency represents that it has, or will secure at its own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of COG, nor shall such personnel have been employees of COG duimg any time within the twelve-month period immediately prior to the date of this contract, except with the express prior written consent of COG. Further, Agency agrees that no one employed by COG now, or within the twelve-month period immediately prior to the date of this contract, shall be involved in any way with the performance of this contract, without the express prior written approval of COG. 14. Approval of Subcontracts. None of the work of services to be '--performed under this contract by the Agency shall be subcontracted without the prior written approval of COG. If such subcontracting is authorized as herein provided, all subcontract documents shall be submitted to COG for review and approval prior to the execution of such subcontract. Further, if requested by COG, the Agency shall provide COG with such documentation as it shall require, regarding the method the Agency used in selecting its subcontractor. the Agency acknowledges that if the work or services to be performed under this contract is financed soley or partially through Federal funds, the selection of subcontractors • is governed by regulations requiring competition between potential subcon- tractors adequate justification for sole source selection. The Agency agrees to abide by such regulations in its sPlection procedure. 15. Review and Coordination. To insure adequate review and evaluation of the work, and proper coordination among interested parties, COG shall be kept fully informed concerning the progress of the work and services to be performed hereunder. COG may require the Agency to meet with designated officials of COG and the Concerned Funding Agency from time to time to review the work. Reasonable prior notice of such review meeting shall be given the Agency. 16. Reports. The Agency shall furnish COG with a quarterly progress report, (the period for which COG is required to report to the funding agency), in such form as may be specified by COG, outlining the work accomplished by • the Agency during the period of such report and the current status of the Project, including the percentage of the work which has been completed as of the end of the period covered by sub report. Such report shall be furnished within fifteen (15) days of the end of the period covered by such report. • 17. Irspections. Authorized representatives of COG and the Concerned Funding Agency may at all reasonable times review and inspect the Project activities and data collected pursuant to this contract. All reports, drawings, studies specifications, estimates, mars and computation prepared by or for the Agency shall be made avilahle to authorized representatives of COG and the Concerned Funding Agency for inspection and review at all reasonable times in the Agency's office where data are normally accumlated. Approval and acceptance of such material shall not relieve the Agency of its professional obligation to correct, at its expense, any errors found in the work. • • 6 18. Maintenance of Cost Records. The Agency shall maintain all .books, • documents, papers, accounting records and and other evidence pertaining to costs incurred in the Project and shall make such material available at all reasonable times during the period of the contract, and for three years from the date of final payment under the contract, for inspection by COG, the Concerned Funding Agency, and if the work and services to be performed under this contract is wholly or partially funded with Federal funds, the Comptroller General of the • 'United States, a- any of their duly authorized representatives. The Agency shall include the provisions of this paragraph in any subcontract executed in connection with this Project. 19. Com• "ance with R-• 'rements of the Concerned Fundi • A•en . The -Agency shall be bound by the applicable terms and conditions of the Grant Contract between COG and the Concerned Funding Agency, which said Grant Contract is on file in the offices of COG, a copy of which has been delivered to the Agency, and is hereby made a part of this Agreement as fully as if the same were attached hereto. 20. Data to be furnished Agency. All information, data, reports, records and maps 'which are existing, readily available and reasonably neceesary, as determined by COG, for the performance by the Agency of the work and services required by this contract shall be furnished to the Agency without charge by COG. COG, its agents and employees, shall fully cooperate with the Agency in the performance of the Agency's duties under this contract. 21. Rights in Documents, materialc and Data Produced. Agency agrees that all reports, drawings, studies, specifications, estimates, maps, computations and other data prepared by cr for it under the terms of this contract shall be delivered to, become and remain, the property of COG and the Agency shall have the right to use same without restriction or limitation and without compensation to the other. For the purposes of this contract, "data" includes writings, sound recordings, c:r other graphic representations, and works of a similar nature. No reports, maps cr other documents produced in whole or part under this contract shall be the subject of an application for copyright by or on behalf of the Agency cr its subcontractors. The work to be performed under this contract may be subject to certain regulations issued by the Concerned Funding Agency. Information regarding these relevant regulations may be obtained upon written request to COG. This contract does not provide for the development of systems analysis products, models, electronic data proc-essing systems, software and related services. Any development of such methods, materials, logic and systems shall be paid for by the Agency from funds not allocated to this • contract as local support and shall be the property of the Agency. 22. Identification of Documents. All reports, maps and other documents completed as a part of this contract shall bear on the title page of such report, map or document, the following legend: "Prepared by (insert name of Agency) under Contract with the Triangle J COG". The date (month and year) in which the document was prepared shall also be shown. • 7 23. Interest of Agency. The Agency covenants that neither the Agency, nor anyone controlled by the Agency, controlling the Agency, or under common control with the Agency, nor their agents, employees or subcontractors, presently has an interest, nor shall acquire an interest, direct or indirect, which would conflict in any manner or degree with the performance of its service hereunder, or which would prevent, or tend to prevent, the satisfactory performance of the Agency's service hereunder in an impartial and unbiased manner. The Agency further covenants that in the performance of this contract is any person having any such interest and employed by the Agency contemplates taking some action which may constitute a violation of this paragraph, the .:- Agency shall request in writing the advice of COG, and if COG shall notify the Agency in writing that the Agency's contemplated action will not constitute a ictlation hereof, then the Agency shall be authorized to take a such action without being in violation of this paragraph. 24. Interest of Members of COG and Others. No officer, member or employee of COG, and no -public official or any local government which is affected in any way by the Project, who exercises any function or responsibilities in the review Cr approval of the Project or any component part thereof, shall participate in any decision relating to this contract which affects his personal interest cr the interest of any corporation, partnership or association in which he is directly or indirectly interested; nor shall any such officer, member or employee of COG, or public official of any local government affected by the Project, have any interest, direct or indirect, in this contract or the proceeds arising therefrom. 25. Officials not to Benefit No member of or delegate to the Congress of the United States of America, resident Corn Commissioner or employee of the United States Government, shall be admitted to any share or part of this contract cr to any benefits to arise herefrom. 26. Equal Employment Opportunity. (a) The Agency will not discriminate against any employee, applicant for employment or subcontractor because, of race, color, religion, sex, age, or national origin. The Agency shall take affirmative action to insure that applicants are employed and subcontractors are selected, and that employees are treated during employment, without regard to their race, color, religion, sex, age, or, national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training, including apprenticeship; and participation in recreational and educational activities. the Agency certifies that it presently • has in effect such an affirmative action program which specifies goals, target dates to assure the implementation of such plan. The Agency agrees to post in a conspicuous place available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. The Agency will in all solicitations or advertisements for subcontractors or employees placed by or on behalf of the Agency, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, or national origin. The Agency will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor provided that the foregoing pa-ovisions shall not apply to subcontractors for lees than $10,000.00. 8 (b) The Agency shall keep such reccrds and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as COG cr the Concerned Funding Agency may require. (c) The Agency agrees to comply with such rules, regulations or guidelines as COG or the Concerned Funding Agency's compensation which are mutually agreed upon by and between COG and the Agency, shall be incorporated in written amendments to this contract. 27. Changes. COG may require changes in the work and services which the Agency is to perform hereunder. Such changes, including any increase or decrease in the amount of the Agency's compensation which are mutually agreed upon by and between COG and the Agency, shall be incorporated in written amendments to this contract. 28. Assignability.The Agency shall not assign Cr transfer all or any portion . of its interest in this Agreement without the prior written approval by COG. 29. Licenses and Permits. Agency shall maintain all required licenses, permits, bonds, and insurance required for carrying out the services in Appendix A. The Agency shall notify COG immediately if any required licenses or other permits are cancelled, suspended, or otherwise ineffective. Failure to maintain proper licenses, permits, bonds and insurance shall be a basis for COG disallowing all or part of payments under this contract or for termination of this agreement for cause. 30. Insurance. If Agency uses vehicle in fldfilling its duties under this Agreement, Agency shall also provide evidence of automobile insurance in the minimum amount of Twenty-Five Thousand/Fifty Thousand Dollars ($25,000/ $50,000) liability insurance and Fifty Thousand Dollars ($50,000) property insurance. Failure to provide evidence of insurance shall be deemed an automatic violation of this Agreement and could therefore lead to termination of the Agreement by COG. The Agency agrees to indemnify and save harmless COG, to the extent provided by law and to the extent provided for by policies of insurance maintained by the Agency, for any damages to the person or property of any individual or organization as the result of the execution of the scope of service to be performed under this Agreement. 31. Termination of the Contract. If the Agency shall fail to Wfl]l in a timely and proper manner its obligations under this contract; or if the Agency shall violate any of the covenants, agreements, representations Cr stipulations of this contract; cr if services do not meet standards as set fbrth by N.C. Division of Aging; or if for nutrition service specifically, meals fail to follow the approved irogpam menu and meet reasonable standards of nutrition, sanitation and palatability as determined by COG, COG shall give the Agency written notice specifying such failire cr violation, and giving the Agency a specified reasonable time, not less than fifteen (15) days, within which to cure a' remedy such failure or violation. If within such specified period the Agency shall ewe or remedy such failure or violation, or shall take steps from which it is apparent that such failure or violation will be substantially cured or remedied within a reasonable time after such period, then this contract shall not be terminated. But if the Agency shall fall within such specified period to cure a' remedy the same or take such steps as foresaid, then this contract shall be deemed to have terminated effective at the end of the period of such notice. 9 • In the event of such termination, all finished or unfinished documents and • other materials collected or produced under this contract (as more fully described in paragraph 15 hereof) shall, at the option of COG, become its - property (subject to full accessibility thereto by the Agency) and the Agency shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials. Notwithstanding the foregoing, the Agency shall not be relieved of ]iabilitiy to COG for damages sustained by COG by virtue of any breach of this contract by the Agency and COG may withhold any payments to the Agency for the purpose of set-off for damages caused by the Agency's breach, until such time as the exact amount of damages to COG from the Agency is determine& 32. Termination for Lack of Funds. In the event of prospective termination -due to non-recei pt. of funds with which to carry out the provisions of this Contract by giving written notice to the Agency of such termination and specifying the effective date of such termination. In the event such written notice is given, all finished or unfinished documents and other materials as described in paragraph 15 above shall, at the option of the COG, become its property (sub*t to full accessibility thereto by the Agency) and the Agency will be paid for work satisfactorily completed by the termination date according to the agreed upon unit cwt reimbursement. If this Contract is terminated due to the fault of the Agency, paragraph 24 hereof relative to termination shall apply. 33. Applicable Law. This Contract shall be deemed to have been executed and performed in the State of Nth Carolina, and all questions of interpretation and construction shall be construed by the laws of such State. • IN WITNESS WHEREOF, the Contract is executed. AGENCY: • BY: - Chairman or Designated Official Date TRIANGLE J COUNCIL OF GOVERNMENTS; BY: Executive Director Date APPROVED AS TO LEGAL FORM: Counsel, Triangle J Council_ of Governments • • ATTACHMENT A 10 ORANGE COUNTY DEPARTMENT OF AGING TITLE III-D STATE SUPPLEMENIALHOME REPAIR SERVICE 1. Location of Service Provision. This service shall .7. be carried out for older persons in Orange County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. - Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- pensation and reimbursement paid hereunder by COG exceed the maximum of -0- Federal funds, $2,193 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service hereunder. Local match of $244 Cash and -0- In-kind resources shall be required under this contract. 4 . Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of fim7.1.,„ Dollars and sixty-two Cents ( $14 eono ) is agreed upon for every unit of service delivered to eligible recipients. COG will reimburse • Contractor 100. % of this rate with Itiodommtmong State funds. 5. Scope of Service Units. It is agreed that Contractor will work towards delivering 150 hours of acceptable units of service to eligible recipients by June 30, 1989. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory .Council on Aging, COG Board and Contractor Board. 7. Personnel. It is understood and agreed that shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. ATTACHMENT A 11 ORANGE COUNTY DEPARTMENT ON AGING PROGRAM DEVELOPMENT FUNDING NEIGHBORHOOD ADVISOR PROJECT 1. Location of Service Provision. This service shall be carried out for older persons in . Orange County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- pensation and reimbursement paid hereunder by COG exceed the maximum of _p_ Federal funds, S2„1$88 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service hereunder. Local match of _o_ _ Cash and -o- In-kind resources shall be required under this contract. 4. Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of N/A Dollars and N/A Cents ( N/A ) is agreed upon for every unit of service delivered to eligible recipients. COG will reimburse Contractor N/A % of this rate with Federal and State funds. 5. Scope of Service Units. It is agreed that Contractor will work towards delivering N/A of acceptable units of service to eligible recipients by June 30. 1989. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 7. Personnel. It is understood and agreed that shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. ATTACHMENT A 12 ORANGE COUNTY DEPARTMENT FOR THE AGING SENIOR CENTER OUTREACH FUNDING NEIGHBORHOOD ADVISOR PROJECT • 1. Location of Service Provision. This service shall be carried out for older persons in Orange County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- pensation and reimbursement paid hereunder by COG exceed the • maximum of -0- Federal funds, $3,739 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service hereunder. Local match of -0- Cash and -0- In-kind resources shall be required under this contract. 4. Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of , N/A Dollars and N/A Cents ( ) is agreed upon for every unit of service delivered to eligible recipients. , COG will reimburse Contractor N/A of this rate with Federal and State funds. S. Scope of Service Units. It is agreed that Contractor will work towards delivering N/A of acceptable units of service to eligible recipients by June 30, 1989. 6. Changes to Reimbursement Rate or Units of Service. • Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 7. Personnel. It is understood and agreed that shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. • • 13 ORANGE COUNTY (for the ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES) and TRIANGLE J COUNCIL OF GOVERNMENTS CONTRACT FOR SB 1559/STATE III-D SUPPLEMENTAL SERVICES 4:- The Triangle J Council of Governments (hereinafter referred to as "COG") and Orange County, a unit of local government, for the Orange County Department of Social Services (hereinafter referred to as "Contractor" or Agency") in consid- eration of the mutual covenants and promises contained in this Grant Agreement agree as follows: WITNESSETH THAT : WHEREAS, COG desires to engage the Agency to render certain social services (hereinafter described in connection with an undertaking or project and - referred to as the "Project") which is to be wholly or partially financed by a grant from the N.C. Division of Aging (hereinafter, along with the appropriate auditing agency of the entity making such grant, referred to as the "concerned Funding Agency c:r Agencies"), said grant being a Contract for SB 1559/STATE III-D SUPPLEMENTAL SERVICES (hereinafter referred to as "Grant") and, WHEREAS, the Agency desires to render such services in connection with the Project: NOW THEREFORE, in consideration of the iremises, and the mutual convenants and agreements hereinafter contained, the parties hereto agree as folio ws: 1. Employment of the Agency. COG hereby agrees to engage the Agency and the Agency hereby agrees to perform the services hereinafter set forth in accordance with the terms and conditions contained herein. 2 Local Support. In accepting this contract providing for $21,03%f the state Rinds, the Agency agrees to provide not less than of acceptable matching cash and $-01- acceptable in-kind contributions. 3. Scope of Services. Agency shall do, perform and carry out in a satisfactory and proper manner the work and services described in Attachment "A" which is attached hereto and made a part hereof. 4. Time of Performance. The services of the agency are to commence no later than fifteen (15) days after the execution of this contract and shall be undertaken and pursued in such sequence as to assure their expeditious completion and as may be required in Attachment "A". All services required hereunder shall be completed on or before June 30, 1989. 5. Compensation and Method of Payment. The Agency shall be compensated for the work and services to be performed under this contract as set forth in 14 Attachment "A" which is attached hereto and made a part hereof. In no event, however, will the total compensation and reimbursement, if any, to be paid the Agency under this contract exceed the sum of $ 21,030.00 •6. Progess Payments. Unless otherwise provided in Attachment "A", the Agency shall be entitled to receive progress payments on the following basis:. As • of the last day of each calendar month during the existence of this contract, the Agency shall submit to COG an invoice fbr payment based on the unit cost ritkimbursement rate per service (as identified in Attachment "A") through the invoiced period. Subject to COG's right to verify the accuracy of the invoice and the satisfactory performance of the wcrk evidenced thereby, COG will make payments to the Agency on a monthly basis as the work progresses but not more often than once a month. Invoices must cover a period ending with the end of a month and must be received within ten (10) days following the end of the invoice period. The Agency will be paid an amount which equates the agreed upon unit cost reimbursement rate to the units provided during the invoice period. 7. Documentation of Expenses. Agency shall maintain and complete documentation of all expenses associated with performing the scope of work under this contract. Expense documentation shall include: timesheets for each employee, showing time spent on services for recipients; receipts fbr any supplies purchased for use on this contract; any applicable subcontract expenditures; all applicable overhead and indirect expenditures; and such other documentation necessary to substantiate overall costs of delivering the contracted service (including Agency contribution as well as amounts reimbursed by COG). 8. Documentation of Service Recipents and Confidentiality. It is expressly understood and agreed that the report procedures established by COG may include, but not be limited to, the names and addresses of individuals receiving services under the terms of this contract, with the understanding that no personal information obtained from any individual will be disclosed by COG in a form which allows identification of the individual, without the written consent of the individual. It is understod and agreed that the report procedures established by COG may also include actual costs incurred per unit of service including both COG costs and Agency contributions. 9. Reprogramming of Funds. It is understood and agreed that, in the event that the amount of funds received from the North Carolina Division of Aging is reduced, COG may, in turn, decrease the total compensation and reimbursement to be paid hereunder and require corresponding changes in the Scope of Services as set out in Attachment "A". It is further understood and agreed that, in the event at the end of each quarter, the Contractor's rate of progress on this contract is leading to underspending at the end of the contract period, due to inability to provide services at planned levels, COG may decrease the total compensation and reimbursement to be paid hereunder in order to allocate fUnds to other contracts and services. 10. Change of Unit Cost Reimbursement Rates. COG may renegotiate the reimbursement rates as set forth in Attachment "A". The parties agree that COG will consider increasing the reimbursement rate only under two cimumstances: 15 10. Change of Unit Cast Reimbursement Rates. COG may renegotiate the reimbursement rates as set forth in Attachment "A". The parties agree that COG will consider increasing the reimbursement rate only under two circumstances (a) Upon a showing by Agency that actual coats have increased due to factors beyond Agency's control; cr (b) Upon a showing by Agency that actual costs have increased due to a sudden incre agv. in client load (e.g., due be a disAFt-er event). The parties further agree that COG shall have the right to decrease the --reimbursement rate under any circumstances which show that actual costs are less than prop' cted; including, but not limited to, circumstances in which: (a) Overall =its of providing service are shown to be less than foreca st. in the Agency's original bid for this service; or (b) The Agency fails to document the required local match such that the COG reimbursement rate exceeds ninety percent (90%) of service costs. In the event the reimbursement rates are decreased, COG may, at its option, increase the total number of units of service to be delivered. 11. Payments by Service Recipients. No individual receiving services under the terms of this Agreement shall be required to pay any part of the cost of the service. However, recipients shall be given the opportunity by the Agency to make some contribution for the service in a manner approved by COG. Agency shall pc et a notice in a conspicuous place, stating that no charge is made for the service, but that contributions wnl be accepted. Agency shall furnish envelopes to all clients for confidential contributions. Agency shall offer a locked box in a convenient location for confidential deposit of envelopes. All envelopes shall be collected and operated by the Project manager or a person designated by the Project Manager. Envelopes shall be opened in the presence of another person, the money shall be counted and the total recorded. The money shall be deposited in accordance with the usual procedures of the Agency, with a separate receipt., Accumulation of contributions should not exceed fifty dollars ($50) between deposits. 12. Program Income. Program income is any. money received by Agency as a direct result of contract actiity. Agency shall maintain daily records of voluntary contributions by (cr on behalf of) service recipents, interest received on COG advance before disbursement, and any other program income. Agency shall not withold any program income as an offset to COG reimbursement. Program income shall be used in the same year it is received to provide additional services. Upon completion of the work, including the receipt of any final written submission of the Agency, COG shall pay the Agency a sum equal to one hundred percent (100%) of the compensation to be paid under this contract, lees the total of all previous payments made. Notwithstanding the foregoing provisions of this paragraph, COG will make diligent efforts to obtain advance funding from its funding source; and if it receives such advance funding, then the Agency shall be entitled to advances once a month based upon requisitions of the estimated amounts of expected expenditures for such month. 16 . - . 13. Agency's Personnel. Agency represents that it has, or will secure at its own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of COG, nor shall such personnel have been employees of COG duirng any time within the twelve-month period immediately prior to the date of this contract, except with the express prior written consent of COG. Further, Agency agrees that no one employed by COG now, or within the twelve-month period immediately prior to the date of this contract, shall be involved in any way with the performance of this contract, without the express prior written approval of COG. • 14. Approval of Subcontracts. None of the wc:rk of services to be -performed under this contract by the Agency shall be subcontracted without the prier written approval of COG. if such subcontracting is authorized as herein provided, all subcontract documents shall be submitted to COG for review and approval.prior to the execution of such subcontract. Further, if requested by COG, the Agency shall provide COG with such documentation as it shall require, regarding the method the Agency used in selecting its subcontractor. the Agency acknowledges that if the work cr services to be performed under this contract is financed soley car partially through Federal funds, the selection of subcontractors is governed by regulations requiring competition between potential subcon- tractors adequate justification for sale source selection. The Agency agrees to abide by such regulations in its selection procedure. 15. Review and Coordination. To insure adequate review and evaluation of the work, and proper coordination among interested parties, COG shall be kept fully informed concerning the progress of the work and services to be performed hereunder. COG may require the Agency to meet with designated officials of COG and the Concerned Funding Agency from time to time to review the work. Reasonable prior notice of such review meeting shall be given the Agency. 16. Reports. The Agency shall furnish COG with a quarterly progress report, (the period for which COG is required to report to the funding agency), in such form as may be specified by COG, outlining the work accomplished by the Agency during the period of such report and the current status of the Project, including the percentage of the work which has been completed as of the end of the period covered by sub report. Such report shall be furnished within fifteen (15) days of the end of the period covered by such report. 17. Inspectiors. Authorized representatives of COG and the Concerned Funding Agency may at all reasonable times review and inspect the Project activities and data collected pursuant to this contract. All reports, drawings, studies specifications, estimates, mare and computation prepared by or for the Agency shall be made available to authorized representatives of COG and the Concerned Funding Agency for inspection and review at all reasonable times in the Agency's office where data are normally accumlated. Approval and acceptance of such material shall not relieve the Agency of its professional obligation to correct, at its expense, any errors found in the work. 17 18. Maintenance of Cost Records. The Agency shall maintain all, books, documents, papers, accounting records and and other evidence pertaining to costs incurred in the Project and shall make such material available at all reasonable times during the period of the contract, and for three years from the date of final payment under the contract, for inspection by COG, the Concerned Funding Agency, and if the work and services to be performed under this contract is wholly or partially funded with Federal funds, the Comptroller General of the 'United States, cr any of their duly authorized representatives. The Agency shall include the provisions of this paragraph in any subcontract executed in connection with this Project. 19. Compliance with Requirements Concerned Funding Agency. The -Agency shall be bound by the applicable terms and conditions of the Grant Contract between COG and the Concerned Funding Agency, which said Grant Contract is on file in the offices of COG, a copy of which has been delivered to the Agency, and is hereby made a part of this Agreement as fully as if the same were attached hereto. 20. Data to be furnished Agency. All information, data, reports, records and maps which are existing, readily available and reasonably necessary, as determined by COG, for the performance by the Agency of the work and services required by this contract shall be furnished to the Agency without charge by COG. COG, its agents and employees, shall fully cooperate with the Agency in the performance of the Agency's duties under this contract. 21. Rights in Documents, Materials and Data Produced. Agency agrees that all reports, drawings, studies, specifications, estimates, maps, computations and other data prepared by cr for it under the terms of this contract shall be delivered to, become and remain, the property of COG and the Agency shall have the right to use same without restriction or limitation and without compensation to the other. For the purposes of this contract, "data" includes writings, sound recordings, or other graphic representations, and works of a similar nature. No reports, maps cr other documents produced in whole or part under this contract shall be the subject of an application for copyright by or on behalf of the Agency cr its subcontractors. The work to be performed under this contract may be subject to certain regulations issued by the Concerned Funding Agency. Information regarding these relevant regulations may be obtained upon written request to COG. This contract does not provide for the development of systems analysis products, models, electronic data processing systems, software and related services. Any development of such methods, materials, logic and systems shall be paid for by the. Agency from funds not allocated to this contract as local support and shall be the property of the Agency. 22. Identification of Documents. All reports, maps and other documents completed as a part of this contract shall bear on the title page of such report, map a- document, the following legend: "Prepared by (insert name of Agency) under Contract with the Triangle J COG". The date (month and year) in which the document was prepared shall also be shown. 18 23. Interest, of Agency. The Agency covenants that neither the Agency, nor anyone controlled by the Agency, controlling the Agency, a- under common control with the Agency, nor their agents, employees or subcontractors, presently has an interest, nor shall acquire an interest, direct or indirect, which would conflict in any manner a- degree with the performance of its service hereunder, or which would p-event, or tend to p-event, the satisfactory performance of the Agency's service hereunder in an impartial and unbiased manner. The Agency further covenants that in the performance of this contract is any person having any such interest and employed by the Agency contemplates taking some action which may constitute a violation of this paragraph, the Agency shall request in writing the advice of COG, and if COG shall notify the Agency in writing that the Agency's contemplated action will not constitute a -violation hereof, then the Agency shall be authorized to take a such action without being in violation of this paragraph. 24. Interest of Members of COG and Others. No officer, member or employee of COG, and no public official a- any local government which is affected in any way by the Project, who exercises any function cr responsibilities in the review or approval of the Project cr any component part thereof, shall participate in any decision relating to this contract which affects his personal interest cr the interest of any corporation, partnership or association in which he is directly or indirectly interested; nor shall any such officer, member cr employee of COG, or public official of any local government affected by the Project, have any interest, direct cr indirect, in this contract cr the proceeds arising therefrom. 25. Officials not to Benefit No member of or delegate to the Congress of the United States of America, resident Commissioner or employee of the United States Government, shall be admitted to any share cr part of this contract or to any benefits to arise herefrom. 26. Egos]. Employment Opportunity. (a) The Agency will not discriminate against any employee, applicant for employment or subcontractor because of race, color, religion, sex, age, or • national origin. The Agency shall take affirmative action to insure that applicants are employed and subcontractors are selected, and that employees are treated during employment, without regard to their race, color, religion, sex, age, or, national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotions, a- transfers; recruitment cr recruitment advertising; layoffs a- terminations; rates of pay or other forms of compensation; selection for training, including apprenticeship; and participation in recreational and educational activities. the Agency certifies that it presently has in effect such an affirmative action program which specifies goals, target dates to assure the implementation of such plan. The Agency agrees to past in a conspicuous place available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. The Agency will in all solicitations or advertisements for subcontractors or employees placed by cr on behalf of the Agency, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, or national crigin. The Agency will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to subcontractors for leES than $10,000.00. • 19 (b) The Agency shall keep such records and submit such reports concerning • the racial and ethnic origin of applicants for employment and employees as COG or the Concerned Funding Agency may require. (c) The Agency agrees to comply with such rules, regulations or guidelines as COG cr the Concerned Funding Agency's compensation which are mutually agreed upon by and between COG and the Agency, shall be incorporated in written amendments to this contract. 27. Changes. COG may require changes in the work and services which the Agency is to perfbrm hereunder. Such changes, including any increase or decrease in the amount of the Agency's compensation which are mutually agreed upon by and between COG and the Agency, shall be incorporated in written amendments to this contract. 28. Assignability.The Agency shall not assign or transfer all or any portion of its interest in this Agreement without the prior written approval by COG. 29. Licenses and Permits. Agency shall maintain all required licenses, permits, bonds, and insurance required for carrying out the services in Appendix A. The Agency shall notify COG immediately if any required licenses or other permits are cancelled, suspended, or otherwise ineffective. Failure to maintain • proper licenses, permits, bonds and insurance shall be a basis for COG disallowing all as part of payments under this contract or fbr termination of this agreement fbr cause. 30. Insurance. If Agency uses vehicle in flxlfnlli,ng its duties under this • Agreement, Agency shall also provide evidence of automobile insurance in the minimum amount of Twenty-Five Thousand/Fifty Thousand Dollars ($25,000/ $50,000)liability insurance and Fifty Thousand Dollars ($50,000) property insurance. Failure to provide evidence of insurance shall be deemed an automatic violation of this Agreement and could therefore lead to termination of the Agreement by COG. The Agency agrees to indemnify and save harmless COG, to the extent provided by law and to the extent provided fbr by policies of insurance maintained by the Agency, for any damages to the person cr property of any individual or organization as the result of the execution of the scope of service to be perfbrmed under this Agreement. 31. Termination of the Contract. If the Agency shall fail to f ulf hl in a timely and proper manner its obligations under this contract; or if the Agency shall violate any of the covenants, agreements, re ntations cr stipulations of this contract; cr if services do not meet standards set fbrth by N.C. Division of Aging; or if fbr nutrition service specifically, meals fail to fblrow the approved program menu and meet reasonable standards of nutrition, sanitation and palatability as determined by COG, C 0 G shall give the Agency written notice specifying such fire as violation, and giving the Agency a specified reasonable time, not lass than fifteen (15) days, within which to cure a' remedy such failure or violation. If within such specified period the Agency shall cure or remedy such faibre a' violation, or shall take steps flow which it is apparent that such fhibre or violation will be substantially cured or remedied within a reasonable time after such period, then this contract shall not be terminated. But if the Agency shall fail within such specified period to cure a• remedy the • same cr take such steps as fbresaid, then this contract shall be deemed to have terminated effective at the end of the period of such notice. • In the event of such termination, all finished cr unfinished documents and 2 0 other materials collected or produced under this contract (as more fully described in paragraph 1.5 hereof) shall, at the option of COG, become its property (subct to full accessibility thereto by the Agency) and the Agency shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents cr materials. Notwithstanding the foregoing, the Agency shall not be relieved of liabilitiy to COG for damages sustained by COG by virtue of any breach of this contract by the Agency and COG may withhold any payments to the Agency for the purpose of set-off for damages caused by the Agency's breach, until such time as the exact amount of damages tP COG from the Agency is determined. • 32. Termination far Lack of Funds. In the event of prospective termination --due to norr-receipt of funds with which to carry out the provisions of this Contract by giving written notice to the Agency of such termination and specifying the effective date of such termination. In the event such written notice is given, all finished cr unfinished documents and other materials as described in paragraph 15 above shall, at the option of the COG, become its property (subct to full accessibility thereto by the Agency) and the Agency will be paid for work satisfactorily completed by the termination date according to the agreed upon unit cost reimbursement. If this Contract is terminated due to the fault of the Agency, paragraph 24 hereof relative to termination shall apply. 33. Applicable Law. This Contract shall be deemed to have been executed and performed in the State of North Carolina, and all questions of interpretation and construction shall be construed by the laws of such State. IN WITNESS WHEREOF, the Contract is executed. AGENCY: BY: - Chairman or Designated Official Date TRIANGLE J COUNCIL. OF GOVERNMENTS: BY: . Executive Director Date APPROVED AS TO LEGAL FORM: Counsel, Triangle J Council. of Governments . . _ . . ATTACHMENT A 21 ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES IN-HOME CHORE SERVICE . 1. Location of Service Provision. This service shall be carried out for older persons in County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- pensation and reimbursement paid hereunder by COG exceed the -0- maximum of ' Federal funds, $7,896 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service • hereunder. Local match of -0- Cash and -0- In-kind resources shall be required under this contract. 4 . Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of four Dollars and eiRhty7five.zero one Cents ( $4.8501 . ) is agreed upon for every unit of service delivered to eligible recipients. COG will reimburse Contractor 100 % of this rate with Rmitio&IKMA State funds. 5. Scope of Service Units. It is agreed that Contractor will work towards delivering 1,628 hours of acceptable units of service to eligible recipients by June 30, 1989. 6. Changes to Reimbursement Rate or Units of Service.. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. • Personnel. It is understood and agreed that shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. • ATTACHMENT A 22 ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES IN-HOME RESPITE CARE SERVICE 1. Location of Service Provision. This service shall be carried out for older persons in Orange County. 2. Service •Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- pensation and reimbursement paid hereunder by COG exceed the maximum of -0- Federal funds, W.143 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service hereunder. Local match of -0- Cash and -0- In-kind resources shall be required under this contract. 4. Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of six Dollars and seventy-Dne.fifty-nir Cents ( $6.7159 ) is agreed upon for every unit of service delivered to eligible recipients. COG will reimburse Contractor 100 % of this rate with State funds. 5. Scope of Service Units. It is agreed that Contractor will work towards delivering 1,957 hours of acceptable units of service to eligible recipients by June 30, 1989. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory • yuncil on Aging, COG Board and Contractor Board. 7. Personnel. It is understood and agreed that shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. 'Orange County 23 Neighborhood Outreach Advisor Project to Older Adults • • October, 1988 Funding: State Center Outreach/Development funding from Triangle J COG in the amount of $6,627 thru June 30, 1989. This is part of a regional Neighborhood Advisor Program, but locally tailored to . Orange County. • Applicant: Orange County Department on Aging Purpose: Orange County has three Senior Centers (Carrboro. Chapel Hill , Hillsborough) which handle 2,500 information calls annually. A . 1.111time Information/Referral Specialist collects and disseminates information and also works with Center personnel and volunteers to respond to all inquiries. Rather than additional telephone locations to respond to inquiries, there is a need to reach out to more rural and less sophisticated older people with multiple needs and unfamiliar w.ith the system to access services. Project Goal : To expand and integrate three access services- Information/ Referral , Care Management, and Senior Centers- to uninformed and underserved older adults. Strategy; Orange County Department on Aging, a central information resource and access agency, will administer the project. Two temporary parttime Advisors would be hired, one being stationed at the Hillsborough Center and one at the Carrboro Center. While the Outreach Advisors would work with the I/R Specialist, Senior Center Supervisors, Nutrition Managers, and Care Managers, they- would be under the direct supervision of a part time Program Developer/supervisor. The Neighborhood Advisor Program would emphasize: 1. Outreach to Formal/Informal Community Resources in Assigned Areas. The Advisors would be outreach persons rather than telephone resources as in other counties. They would make appointments with rural clergy, civic or club groups, both formal and informal leaders. They would give them an overview of available services, distribute materials and listen to feedback on needs and problems. They would also build a resource file of community leaders to rely for help and who should receive regular informational mailings. 2. Outreach to identified Needy Older Persons by Agency staff and Community Leaders. The Advisors would be an extension of County/agency staff- I/R, Care Manager, Senior Center who have identified a person in need of a personal home contact. Advisors would do cost effective pre-screening for a variety of services. The Advisors would also respond to requests for assistance from community leaders. The Advisors would focus on their role as an "Outreach Advocate" linking the need with the • • available services. Budget; State funds would be allocated as follows: Four Advisor Trainees (35hrs of training X $3.35 Plus FICA )= $504 , Two Advisors (40 hrs per mo.X 6 mos X $4.65 plus .FICA)= $2,400, Advisor Travel ($50 per. mo. X 6 mos)= $600 , Printing = $235 , Prog.Developer/Supervisor (48hrs Per ma. X 7 mos X $7.00 plus FICA) = $2,527, Travel ($60 per mo. )= $360 FN:ADVISORS.DOC • • 1 • • ORANGE COUNTY BOARD OF COMMISSIONERS • Action Agenda Item No. F-3 ACTION AGENDA / Ell ABSTRACT Meeting Date: January 3, 1989 SUBJECT: Driver Contract Revision with OPCMHC's Children's Learning Cente, DEPARTMENT: Aging PUBLIC HEARING YES: NO: X ------- ATTACHMENT(S) : INFORMATION CONTACT:Jerry Passmare Revised Contract with CLC Program ext 280 TELEPHONE NUMBER- , Hillsborough' — 732-8181 Chapel Hill —' 968-4501 Mebane — 227-2631 Durham — 688-7331 -------______ PURPOSE: Request approval to revised the driver provision agreement with OPC Mental Health Center who is a part of the Orange County Transportation Plan. The contract revision clarifies further Orange County's and OPCMHC's responsibilities. . • BACKGROUND: The Orange CAT Program, administered by the Department on Aging, provides van drivers to transport program clients. This agreement would maintain the coordinated use of certified drivers and shared use of CAT vehicles encouraged under the County Transportation Development Plan (TDP) . • • • RECOMMENDATION(S) : Recommend approval . • • 2 1 ' . COUNTY C.AMT. ARMEN AGREEMENT This agreement entered into this 1st day of August, 1988 by and between the County of Orange on behalf of the Depart- ment on Aging, hereinafter referred to as the "County" and Orange-Person-Chatham Mental Health Center, Inc. on behalf of Children' s Learning Center, hereinafter referred to as "OPCMHC". The purpose of this agreement is to outline the condi- tions under which the County and OPCMHC will cooperatively provide human service transportation under the C.A.T. (Coor- dinated Agency Transportation) system. - SPECIFIC RESPONSIBILITIES OF ORANGE COUNTY 1. To provide a certified driver for Children' s Learning Center Southern Orange route Monday through Friday for dai- ly pick-up and take-home of clients between the hours of 7:15 - 9:00 a.m. and 2:15 - 4:00 .p.m. 2. To provide a back-up driver in case the regular driver is not available. The Transportation Supervisor will notify the Children's Learning Center Director of regular drivers absence. In the event the Transportation Supervisor is unable to place a short term driver on a daily basis, the Director will be notified in advance to place a staffperson for a period not to exceed two consecutive working days. 3. To employ a C.A.T. Transportation Supervisor to handle any problems and to assure there is a driver available. 4. The staff of the C.A.T. Transportation Program agrees to comply with Division of Mental Health, Mental Retardation and Substance Abuse Services minimum standards for area programs and their contract agencies Section L. 1300 - Transportation Services. • SPECIFIC RESPONSIBILITIES OF OPC MENTAL HEALTH CENTER 1. To reimburse Orange County at the rate of $7.00 per hour for a three and one-half hour minimum each day of operation within 30 days after billing. a. To provide and pay for specialized training in the areas of client behavior interaction techniques with cli- ents/families, medical management including CPR and first aid training and any other procedures specific to the Chil- dren's Learning Center program and route. 3 • 3. To provide the Transportation Supervisor written notfication of any transportation problems or unsatisfactory drivers' performance in order to take corrective action. The term of this contract shall be from Auaust 1988 through June 30,6 1989 unless sooner terminated by either par- ty giving 30 days prior written notice to the other party of intention to terminate. IN WITNESS WHEREOF, Orange County and Orange-Person- Chatham Mental Health Center, Inc. have executed the Agree- ment of the date first written above. County of Orange Orange-Person-Chatham Mental Health Ce . er or 9y:462441-- /IA Sy: amok/ • Chair or Designa — Chair or Designat Official Official Date: er9. Date: / .71fr • •. 4 APs:d 33--1 04/01/84 r re • SECTION . 1300 - TRANSPORTATION SERVICES _ .1301 INTRODUCTION • Transportation services are a supportive means of - assisting clients in their receipt of needed services. When transportation program for clients are provided, the bility for client safety. The ,standards in gth s Section rapply Sto transportation services provided for clients by components of the area program and its contract agencies. History Note: Statutory Authority G.S. 143E-147; • Eff. July 1, 1984. .1302 TRANSPORTATION POLICY The governing body of each. component �. . for clients shall develop and implement arwritten transportation policy which shall address at least the following: (1) eligibility of clients for transportation services;v' 42) the means by which the program shall provide transporta tion; ✓ (3) procedures to be employed in emergency situations occurring during the transportation of clients:J./ (4) quafications and training of vehicle drivers and aides; and (5) fees, if any, for transportation. ✓ History Note: Statutory Authority G.S. 1438-147; Eff. July 1, 1984. • ' .1303 LICENSED DRIVER Each driver in the transportation service shall hold a current license issued by the N. C. Department of Motor Vehicles to operate the type of vehicle(s) to which he is assigned. _ -History Note: Statutory Authority G.S. 143E-147; Eff. July 1, 1984. _ �' :13 0 4 SAFETY PRECAUTIONS - -' (a) A seat a nd h a seat belt shall be provided for each • .•: individual being transported in a vehicle except that provision of seat belts shall not be required for individuals .- being' transported in a bus for which the manufacturing code does not recommend the installation of seat belts. - (b) When physically handicapped individuals are transported, • the vehicle shall provide secure storage for adaptive equipment. History Note: Statutory Authority G.S. 143E-147; • Eff. July 1, 1984. r L-.1300-1 . 0 • , • 5 APS:. 35-1 r 04/01/84 (L. .1305 TRANSPORTATION OF MINORS (a) Each child two years of age and under shall be transported e in a dhild passenger restraint device which shall P typ and installed in a manner approved by be of a of type Motor Vehicles. p- Y the N.C. Commissioner of (b) When four or more preschool children are transported in the same vehicle by a component other than developmental d centers for preschool children who day before/after school and summer developmental p mentally centers or children who are mentally retarded, at ast two adults ter$ foe present in the vehicle. shall be (c) When two or more children are transported in the vehicle by developmental day centers for are mentally retarded, preschool children same who• developmental day or before/after school and there shall be onee adult, other than the a driver, to retar summer supervision of the children. to assist in History Note: Statutory Authority G.S. 1438-147; Eff. July 1 , 1984. .1306 EMERGENCY INFORMATION Emergency information for each client shall be available and easily accessible to the vehicle operator. shall include the name, address and telephone number of the person to be contacted in case of sudden illness This information the name, address and telephone number of the client's preferred and physician. p eferzeci History Note: Statutory Authority G.S. 1438-147; Eff. July 1, 1984. .1307 TRANSPORTATION ROUTES ' . Transportation routes shall be designed so that each client w ho is regularly scheduled to receive services three or more days per week shall not be transported more than one hour one way un justification for longer driving time is documented. Y History Note: Statutory Authority G.S. 143H-147; Eff. July 1, 1984. .1308 LABELING OF VEHICLES Labeling of vehicles used for transportation of clients not indicate that disability groups) are being transported History Note: Statutory Authority G.S. 143E-147; . I Eff. July 1, 1984. • • • L-.1300-2 • • • • 6 i . APSM 35-1 04/01/84 . . ..... .1309 CONTRACTED TRANSPORTATION SERVICES ...-,'" When a component contracts for transportation services, the provisions of the contract shall incorporate compliance with the . 1 • standards contained in this Section. History Note: Statutory Authority G.S. 143E-1477 Eff. July 1, 1984 . • . . • • ' . • • - • • • - . • . . . . • : • ,.. • . ' • • •. . • . _ : . ••*:.:.:..:'. • • ' ' ' 7,- • • • .• . - • - 0 - - .. . • . • " . . • • C : • . . . • . L-.1300-3 • . . • • . . . . ,.... 0 . -. - .. . . --- _,.. . ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. F.. ACTION AGENDA ITEM ABSTRACT Meeting Date: January 3, 1989 SUBJECT: BOCC POLICY #0030 - PUBLIC HEARING MINUTES DEPARTMENT: COUNTY COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(S) : NONE - REFER TO INFORMATION CONTACT:BEVERLY BLYTHE #0030 in Policy Manual TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To delete BOCC Policy #0030 which states that the Planning Staff shall be responsible for transcribing the joint public hearing minutes. BACKGROUND: The justification for this policy no longer exists. The County Commissioners Office will be responsible for taking and transcribing the minutes for all meetings held by the Board of County Commissioners. RECOMMENDATION(S) : Approve the deletion of this policy from the Orange County Policy Manual effective January 3, 1989. 1 ORANGE COUNTY. BOARD OF COMMISSIONERS Action Agenda Item No. F-5 ACTION AGENDA ITEM ABSTRACT Meeting Date: January 3, 1489 SUBJECT: TRANSPORTATION AG:BEMENT FOR NCDOT SECTION 18 FUNDS DEPARTMENT: Aging PUBLIC HEARINS YES: NO: X • ATTACHMENT(S): INFORMATION CONTACT: (1) Award Letter Jerry Passmore, ext 280 TELEPHONE NUMBER— Hillsborough — 732-8181 • Chapel Hill — .96B-4501 Mebane • — 227-2031 • Durham 688—73:31 PURPOSE: To authorize signing a Section 18 transportation agreement with the North Carolina Department of Transportation. The agreement awards Orange County $ 65, 100 for two van conversions with lifts and two van rehabilitations. The total award includes a local 107. matching funds ($ 6,510) provided by C.A.T. agencies assigned a vehicle. • BACKGROUND: The Section 18 funds provided are for the yearly vehicle replacement schedule found in the approved Orange County Transportation Development Plan (TDP) . The original application was for $84,000 with a 10% local match for two new standard vans and two lift equipped conversion vans. Contract documents were approved on July 19, 1988 and Chair was authorized to sign documents. • RECOMMENDATION(S) : Accept the.grant.in the_amount of $58,590 with local matching funds of-$4310, 4'4,310 • • -• I RECEIVED 2 I2-i� P? DISTRIBUTED /A- -n STATE OF NORTH CAROLINA �/L DEPARTMENT OF TRANSPORTATION � a �� P.O.BOX 25201 0401101;„ a//:0.s RALEIGH 27611-5201 JAMES G.MARTIN GovERNOR December 13, 1988 PUBL.ICTRANSPORTATION DIVISION POST OFFICE SOX 25201 JAMES E.HARRINGTON 919/733.4713 SECRETARY Mr. Moses Carey, Jr., Chairman Orange County Board of Commissioners Post Office Box 8181 Hillsborough, North Carolina 27278 Dear Mr. Carey: I am pleased to inform you that on November 18, 1988, the North Carolina Board of Transportation accepted the recommendation of the Public Transportation Division and endorsed a program of projects to be funded during fiscal year 1988 under Section 18 of the Urban Mass Transportation Act. The program of projects included the application submitted on behalf of the County of Orange. • 1 The Board endorsed a maximum budget authorization totaling $65,100 for your project, representing $52,080 in Section 18 funds, $6,510 in State funds, and $6,510 in local matching funds. Our Public Transportation Division will continue to work with your local project officials to finalize contractual arrangements. If you have any questions concerning your grant or the Section 18 program, please contact Mr. David D. King, Director of the Public Transportation Division, at (919) 733-4713. We .look forward to a continuing productive partnership in providing public transportation to the citizens of Orange County. - ely, • James E. Harrington J EH/j-sm cc: Senator Kenneth C. Royall , Jr. Senator Wanda Hunt Senator Russell Walker Representative Anne Barnes • Mr. W. B. Buchanan, Member, Board of Transportation Mr. Jerry Passmore, Project Director An Equal Opportunity/Affirmative Action Employer • 4. ..... ..._ .3'641 1 • RECEIVED . -6 i wi • . ,v...„), as . . . • STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O.BOX 25201 RALEIGH 27611-5201 JAMES G.MARTIN GOVERNOR December 20, 1988 PUBLIC TRANSPORTATION DIVISION POST OFF IDE BOX 25201 JAMES E.HARRINGTON 919/733-4713 SECRETARY Mr. Moses Carey, Jr., Chairman Orange County Board of Commissioners • Post Office Box 8181 • Hillsborough, North Carolina 27278 Re: Section 18 Grant 89-18-044 Work Order 9.9043204 Dear Mr. Carey:• The Urban Mass Transportation Administration has approved the North Carolina Department of Transportation's application for funds under Section 18 of the Urban Mass Transportation Act of 1964, as amended. The County of Orange has been awarded capital funding for a total of $65,100, of which $52,080 is Section 18 funds, $6,510 is State funds and $6,510 is local funds. We have enclosed three (3) originals of the project agreement to be executed between theCounty of Orange and the North. Carolina Department of Transportation. The individual authorized to enter into the agreement on • behalf of the County should sign each copy of the agreement where indicated, have the-Ognatu're attested, and hava.the_towity, s seal affixed on the page. DO NOT OATt THE -AGREEMENTS; this A4ill 'be•done whenthey_dre executed . . in final form,by'the Department. - • ; • . - r::-,,".; ,:. • • • • , •. - . . - Please return the 1o0a1iY executed agreements to our office as soon as —..... • L • • • possible we have.a. teailline-for.7..ordering vehicles. - if:thls is not . . possible, please advisetthl officeAMmediately; • ... . , • . .. -. „ . - . - . . The project agreement calls for ninety (90%) percent State and federal participation. in •capital,eXpenietlfowdOhe purchase of two (2) van conversions with lifts:_anp_twe2)-van, rebabflitations...:3AttaChed, to the agreement is the approved P.N3Wet Budg4. (4pendix'A).:-. - ' • ' -- .-1. :• . __ _ The period' Of.pertbrmanc“or all 4pitalexpenteSbewtnijWith -thedate Of contract execution by. the Department and extends throughune 3Di 1091. No capital expenses may be incurred under this agreement until final,. , • • execution of the agreement by the-Department:I Chapter VIIIof.the State Management.Plan details the procedures for 'procuring capital'. equipment under Section 18. . . - . . . An Equal Opportunity/Affirmative Action Employer December 20, 1988 Page 2 The project and work order number referenced above has been assigned to your project. We request that you refer to these numbers in all future correspondence. For purposes of completing the project application, the County has previously agreed to the terms and conditions set forth in the Special Section 13(c) Warranty Agreement. As the language of the Warranty indicated, the Warranty has been included in Appendix B and referenced in Section 22 of the project agreement. No further action is required on this section. We look forward to working with you to provide the best possible transportation services for the County of Orange. If you have any questions, please contact Elizabeth G. Slade, Manager, Grants Administration. Sincerely, —4•/' Atia4q David D. Kinj Director DDK/jsm cc: Mr. Jerry Passmore, Project Director Enclosures • 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No._ F..4 ACTION AGENDA ITEM ABSTRACT Meeting Date: January 3, 1989 SUBJECT: Confirmation of contract with DMG for user fee study DEPARTMENT: Finance PUBLIC HEARING YES: NO: x ATTACHMENT(S) : contract INFORMATION CONTACT: Ellen Liston ext. 490 TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To confirm the contract with David M. Griffith and Co. to perform a user fee study for Orange County. BACKGROUND: The Board authorized the Manager to contract with DMG for this s t udy on Novemb er 15, The staff has proceeded to negotiate otiate with DMG on the contract and on the fee. The contract calls for a fee of $20,842 for Phase I of the study. Phase II, an optional addition, would include the Revenue Department and would cost an additional $3,557. The contract mandates that all of the services mentioned in the Proposal for Services submitted to the County by DMG will be delivered by March 31. A copy of the Proposal is available for review in the office of the Clerk to the Board. RECOMMENDATION(S) : The staff recommends confirmation of this contract. ` 1 AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES TO Orange County,North Carolina THIS AGREEMENT, entered into this JraL day offcwt , 1987and effective immediately by and between David M. Griffith and Associates, Ltd. (hereinafter called the "Consultant") and Orange County, State of North Carolina, (hereinafter called the "County"),WITNESSETH THAT: WHEREAS,the County has programs for which it charges user fees or has the potential to charge fees for, and WHEREAS,the County may be under recovering for these services,and 'WHEREAS, the Consultant is staffed with personnel knowledgeable and experi- enced in the requirements of developing and implementing user fees,and WHEREAS, the County desires to engage the Consultant to assist in developing a study to identify these fee areas NOW THEREFORE,the parties hereto mutually agree as follows: 1. Employment of Consultant The County agrees to engage the Consultant and the Consultant hereby agrees to perform the following services. 2. Scope of Services. The Consultant shall do, perform and carry out in a good and professional manner the following services: a. Prepare a user fee study, the methodology as previously outlined in our proposal dated October 28, 1988. Said proposal is hereby incorporated by reference to this agreement as if it were presented in its entirety. (Exhibit I). Departments to be reviewed are as follows: Planning & Inspections, Envi- ronmental Health, Parks and Recreation,Emergency Medical Services, Data li Processing, and Land Records. We will identify costs and develop specific fee recommendations for all services provided in these departments. At the sole option of the County,the Tax Department may also be included for study. b. Make appropriate presentations to contractor groups, the Health Board, and Parks and Recreation Advisory Boards, as well as County staff and the County Commissioners. Provide a comprehensive report which details the results of the above-mentioned analysis. c. Provide a separate management letter addressing productivity consid- erations. 3. Time of Performance. The services to be performed hereunder by the Consultant shall be undertaken and completed in such sequence as to assure their expeditious comple- tion and best carry out the purposes of the agreement. We will complete the study and present a draft report by March 15, 1989, and a final report by March 30, 1989. If, in the event insufficient workload statistics for Data Processing and Land Records are not avail- able to facilitate this timeframe,the analysis of these two departments will be completed in a manner and time mutually agreeable to both parties. 4. Compensation. The County agrees to pay the Consultant a sum of twenty thou- sand, eight hundred forty two dollars ($20,842) for the 1st phase of the report, and three thousand, five hundred fifty seven dollars ($3,557) for the optional Revenue Department section which shall include reimbursement for expenses incurred. Payment for services will be rendered at the completion of each major phase if the study is not completed by March 31, or upon completion of the study by March 31. If the Ta Department is added, the fee will be increased by x4-1. Rt.v$~0*-4 .**-5"7 5. Changes. The County may,from time to time,require changes in the scope of the services of the Consultant to be performed hereunder. Such changes, which are mutually agreed upon by and between the County and the Consultant, shall be incorporated in writ- ten amendment to this agreement. 6. Services and Materials to be Furnished bat the County. The County shall locally furnish the Consultant with all available necessary information, data, and material pertinent to the execution of this agreement. The County shall cooperate with the Consultant in carrying out the work herein and shall provide adequate staff for liaison with the Consultant and other agencies of County government. 7. Termination of Agreement for Cause. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his obligations under this agreement, the County shall thereupon have the right to terminate this agreement by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. 2 . 8. Information and Reports. The Consultant shall, at such time and in such form as the County may require,furnish periodic reports concerning the status of the project and other information relative to the project as may be requested by the County. 9. Indemnification. Consultant shall indemnify, defend and hod o such claims or County from and against all claims and actions,and all expenses incidental actions,based upon or arising out of damage to property or injury to persons or other tor- tious acts caused or contributed to by Consultant or anyone acting under its direction or control or in its behalf in the course of its performance under this Agreement,provided the Consultant's aforesaid indemnity and hold harmless agreement shall not be applicable to any liability based upon the sole negligence of the County. 10. Governing Iaw. The laws of North Carolina shall govern the validity and inter- pretation of the terms and conditions of this Agreement, subject matter thereof and has been induced by no representations, statements or agreements other than those herein expressed. No agreement hereafter made between the parties shall be binding on either to be 1 party unless reduced to writing and signed by an authorized officer of the party sought bound thereby. IN WITNESS WHEREOF, the County and the Consultant have executed this agreement as of the date first written above. Orange County By: �..�:,.rl y: (County Official) DavidM.G ' t� &As , i.: : "This instrument has been pre4�'ife-drti �:�§e minor required by the Local Government By: Budget and Fiscal Control Act. David .Mazo /T2 2- Executive Vice Presiden Finance Officer of Orange County" 3 /,34/ DISTRIBUTED 3-14)-. RECEIVEDi i•-/gyve A T.Asa:Note., ....- - STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O.BOX 25201 RALEIGH 27611-5201 JAMES G.MARTIN GOVERNOR March 7, 1989 PUBLIC TRANSPORTATION DIVISION POST OFFICE BOX 25201 JAMES E.HARRINGTON 919/733-4713 SECRETARY Ms. Beverly A. Blythe, Clerk Board of Commissioners County of Orange 106 East Maragret Lane Hillsborough, North Carolina 27278 Re: Project No. 89-18-044 Work Order 9.9043204 Dear Ms. Blythe: The enclosed original of the subject project agreement was executed by the Secretary of Transportation on February 20, 1989. The period of performance for allowable costs incurred against the subject project agreement is from February 20, 1989 to June 30, 1991. The gnclosed UPTAS Invoicing Form should be used in preparing requests Tor reimbursement for equipment that is locally procured. Since the County of Orange is currently reporting under the requirements of OMB Circular A-128,, it will not be necessary for the 1 County to submit documentation with partial invoices. Upon issuance, one copy of the County's year-end audit report should be forwarded to this office. In accordance with the External Auditor's recommendations as stated in the enclosed Pre-Award Audit Report, Sections 4, 5(d) have been changed. Please identify this project using Project No. 89-18-044 and Work Order 9.9043204 on all correspondence. The staff representative assigned to the project is Nancy Painter. If you have any questions regarding the contract, requests for reimbursement or related matters, please contact me directly. An Equal Opportunity/Affirmative Action Employer March 7, 1989 Page 2 We look forward to working with you on this project. Sincerely, Elz6eth G. Slade, Manager Gr nts Administration /1 Enclosures cc: Mr. R. B. Bunn, Jr. , NCDOT 1 _ STATE OF NORTH NONURBANIZED AREA CAROLINA PUBLIC TRANSPORTATION COUNTY OF WAKE KE GRANT AGREEMENT DEPARTMENT OF TRANSPORTATION ) WORK ORDER 9.9043204 and ) COUNTY OF ORANGE ) PROJECT NO. 89-18-044 THIS AGREEMENT made this the 02eday of 9r4r 19 , by and between the DEPARTMENT OF TRANSPORTATION (hereinafter referred to as the "Department", an agency of the State of North Carolina) and the COUNTY OF ORANGE (hereinafter referred to as the "Contractor"). WHEREAS, Section 18 of the Urban Mass Transportation Act of 1964, as amended, provides federal capital assistance for public transportation in II rural and small urban areas by way of a formula grant program to be administered by the State; and WHEREAS, the purposes •of Section 18 are to enhance access of people in nonurbanized areas for purposes such as health care, shopping, education, recreation, public services, and employment by encouraging the maintenance, development, improvement, and use of passenger transportation systems; and WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statues designates the Department of Transportation as the agency of the State of p North Carolina responsible for administering all federal and/or or State III programs relating to public transportation, and granted the Department authority to do all things required under applicable federal and/or State legislation to properly administer the public transportation within the State of North Carolina; and WHEREAS, The Governor of North Carolina, in accordance with Section 18(a) of the Urban Mass Transportation Act of 1964, as amended, has Page 2 of 13 designated the North Carolina Department of Transportation as the agency to receive and administer federal funds under this program. WHEREAS, in order to assist in providing incidental transportation services, the Department, under the terms of this Agreement shall make a grant of capital assistance to the COUNTY OF ORANGE. NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the Department and the Contractor agree as follows: Section 1. Purpose of Agreement. The purpose of this Agreement is to provide for the undertaking of a nonurbanized area public transportation project (hereinafter referred to as "Project") by the Contractor and to state the terms, conditions, and mutual undertakings of the parties as to the manner in which the Project will be undertaken and completed. Section 2. Scope of Project. The Contractor shall undertake and complete the Project in accordance with the procedures and guidelines set forth in the Urban Mass Transportation Administration (hereinafter referred to as "UMTA") Circular 9040.18, dated July 1, 1988, the State Management Plan for the Section 18 Program (hereinafter referred to as "State Management Plan"), the Project Application and Transportation Development Plan for the COUNTY OF ORANGE, and applicable attachments to Office of Management and Budget (OMB) Circular A-102, "Uniform Administrative Requirements for Grants-In-Aid to State and Local Governments. The aforementioned documents, and any subsequent amendments or revisions thereto, are herewith incorporated by reference, and are on file with and approved by the Department in accordance with the terms and conditions of this Agreement. Section 3. Limitations of Project. This Agreement shall be subject to, and the availability of funds contingent upon, the terms and conditions Page 3 of 13 of a grant agreement between the UMTA and the Department. Section 4. Periodalonnance. The Contractor shall commence, carry on, and complete the Project as described in the Approved Project Budget by June 30, 1991. This Agreement shall remain in effect until the Contractor has satisfactorily disposed of all project equipment in accordance with Sections 14 and 15 of this Agreement. Section 5. Cost of Project. The total cost of the Project, approved by the Department and UMTA, is SIXTY-FIVE THOUSAND, ONE HUNDRED DOLLARS ($65,100) as set forth by Appendix A, Project Description and Budget. (a) State Share. The Department shall provide, from federal and State funds, ninety (90%) percent of the actual net cost of the Project, not in excess of FIFTY-EIGHT THOUSAND, FIVE HUNDRED NINETY DOLLARS ($58,590). (b) Local Share. The local share must be provided from source other than federal funds, except where specific legislative language of a federal program permits its funds to match other federal funds. The Contractor hereby agrees that it will provide ten (10%) percent of the actual net cost of the Project. The net cost is the price paid minus any refunds, rebates, or other items of value received by the Contractor which have the effect of reducing the actual cost. The Contractor shall initiate and prosecute to completion all actions necessary to enable the Contractor to provide its share of Project costs at or prior to the time that such funds are needed to meet Project costs. The Contractor shall provide its share of Capital costs from sources other than UMTA funds. (c) Capital Expenditures. In order to assist the Contractor in financing the capital costs of the Project, the Department will reimburse the Contractor for ninety (90%) percent of allowable capital costs not in Page 4 of 13 excess of FIFTY-EIGHT THOUSAND, FIVE HUNDRED NINETY DOLLARS ($58,590). (d) Payment. Progress payments based upon actual allowable net costs may be made upon receipt of an itemized invoice, supported by documentation of costs from the Contractor. Any partial invoices and the Project's final invoice shall be approved by the Public Transportation Division and the Department's Fiscal Section prior to payment in accordance with Departmental procedures. Any costs in excess of the Project Budget, or any cost deemed ineligible for reimbursement by the Department in accordance with the terms of this Agreement, shall be borne in full by the Contractor. A retainage of five percent (5%) of the approved payment may be withheld until the approved Project is completed, accepted, and the final audit has been made. The Department may waive the retainage requirement on capital expenditures in excess of $10,000 if so requested by the Contractor. Section 6. Records and Reports. (a) Establishment and Maintenance of Accounting Records. The Contractor shall establish and maintain, in accordance with requirements established by the Department, separate accounts for the Project, to be known as the Project Account, either independently or within its existing accounting system. The, Department shall have the right to inspect the Project Account as necessary. (b) Documentation of Project Costs. All charges to the Project Account shall be supported by properly executed invoices, contracts, or vouchers evidencing in detail the nature and the propriety of the charges and shall adhere to the cost principles established by the Office of Management and Budget Circular A-87, and subsequent amendments or revisions thereto. (c) Checks, Orders, and Vouchers. Any check or order drawn by the Contractor with respect to any item which is or will be chargeable against Page 5 of 13 the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Contractor stating in proper detail the purpose for which such check or order is drawn. All checks, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the Project shall be clearly identified, readily accessible, and to the extent feasible kept separate and apart from all other such documents. (d) Reports. The Contractor shall advise the Department regarding the progress of the Project at such time and in such manner as the Department may require throughout the useful life of the Project equipment as defined in Section 12 herein. These reports shall be used, in part, to document utilization of the Project equipment. Failure to carry out the requirements set forth in this Section, or to fully utilize the project equipment in the manner directed by the Department, shall constitute a breach of contract and, after written notification by the Department, may result in termination of the Agreement or any such remedy as the Department deems appropriate. - The Department shall provide all instruction, guidance, or forms necessary to prepare such reports. The Contractor shall retain the reports for a period of three (3) years after the reporting period. The Department shall have the right to inspect such retained data as necessary. (e) Auk. In accordance with Office of Management and Budget (OMB) Ili Circular A-128, "Audits of State and Local Government", dated April 2, 1985, and the Single Audit Act of 1984, the Contractor shall arrange for an independent financial and compliance audits of its fiscal operations. The Contractor shall furnish the Department with a copy of the independent audit report within thirty (30) days of completion of the report, but no later than one (1) year after the end of the audit period. Page 6 of 13 Section 7. Contracts Under This Agreement. Unless otherwise authorized in writing by the Department, the Contractor shall not assign any portion of the work to be performed under this Agreement, or execute any contract, amendment, or change order thereto, or obligate itself in any manner with any third party with respect to its rights and responsibilities under this Agreement without the prior written concurrence of the Department. Further, the Contractor shall incorporate the provisions of this Agreement into any vehicle lease arrangement and shall not enter into any vehicle lease arrangement without the prior concurrence of the Department. Any lease approved by the Department shall be subject to the conditions or limitations governing the lease of Project equipment as set forth by UMTA and the Department. Section 8. Purchase of Project Equipment. The purchase of project equipment pursuant to this Agreement shall be undertaken in accordance with either of the options in this Section: (a) Purchase by the Department. The Department may act as the procurement agency on behalf of the Project, purchasing equipment through the North Carolina Department of Administration, Purchase and Contract Division. (b) Purchase by the Contractor. The Contractor may purchase project equipment utilizing procurement procedures set forth in North Carolina General Statute 143-129, and UMTA Circular 4220.1B, and any subsequent amendments or revisions thereto. The Contractor shall submit Invitations To Bid and Requests For Proposals to the Department for review and approval. If formal advertising is used for a procurement, the Contractor shall submit to the Department a tabulation of all bids received, certified by an authorized official of the Contractor's organization; copies of correspondence pertaining to exceptions to the approved specifications; and a Page 7 of 13 copy of the bid submitted by the low, responsive bidder recommended for the bid award by the Contractor. The Department shall approve the bid award prior to the execution of any agreement between the Contractor and the selected bidder. Section 9. Title to Vehicles. The Certificate of Title to all vehicles purchased under the Project shall be in the name of the Contractor. The Public Transportation Division shall be recorded on the Certificate of Title as first lienholder. In the event of Project termination or breach of Contract provisions, the Contractor shall , upon written notification by the Department, surrender Project equipment and/or transfer the Certificate(s) of Title for Project equipment to the Department or the Department's designee. Section 10. Use of Project Equipment. The Contractor shall use all project equipment for the duration of its useful life in the manner specified in the Project description contained in the approved grant application. With the prior written approval of the Department, Project equipment may be used for other purposes provided that these other uses are consistent with uses outlined in the Transportation Development Plan and do not interfere with the primary purpose of service provisions. The aforemented documents, and any subsequent amendments or revisions, thereto, are herewith incorporated by reference. If any Project equipment is not used in accordance with this Section or is withdrawn from the transportation service, whether by planned withdrawal or casualty loss, the Contractor shall immediately contact the Department. If the Department determines that Project equipment is not being fully utilized, the Contractor shall transfer or dispose of the Project equipment at the direction of the Department. Failure to carry out the requirements set forth in this Section shall constitute a breach of contract and, after notification by the Department, may result in Page 8 of 13 termination of the Agreement. Section 11. tSf_.N .... P----rldlrvlaintenarlsection. The Contractor shall maintain all project equipment at a high level of cleanliness, safety, and mechanical soundness. The Department shall conduct inspections, not less than once every two (2) years, to confirm proper maintenance pursuant to this Section and use compliance in accordance with Section 11 of this Agreement. The Contractor shall maintain all records of maintenance deemed necessary and appropriate by the Department until disposition of Project equipment. Section 12. Insurance. The Contractor shall be responsible for protecting the federal and state financial interests in project equipment purchased under this Agreement throughout the useful life of the equipment. The Contractor shall provide, on an annual basis and in such manner as the Department may require, written documentation that all equipment is insured against loss in an amount equal to or greater than ninety (90%) percent of the real value of the equipment. Failure of the Contractor to provide adequate insurance shall be considered a breach of contract and, after notification by the Department, may result in termination of this Agreement. Section 13. Useful Life of Project Equipment. "Useful life" for all Project equipment shall be determined by the Department. Upon the end of the period of useful life, the Contractor may dispose of Project equipment after notifying and receiving disposition instruction from the Department. Section 14. Disposition of Project The Contractor shall dispose of all project equipment in accordance with General Statutes 143-64.1 through 143-64.5. The Contractor shall remit to the Department a proportional amount of the fair market value of the project equipment, which shall be determined on the basis of the ratio of the financial assistance, both federal and State, provided by the Department to the actual acquisition Page 9 of 13 cost of the project equipment. (a) Disposition of Equipment at the End of Useful Life. Fair market value shall be deemed to be the value of the property as determined by at least two (2) competent appraisals at the time of disposition. Loss of value as a result of negligence, maintenance practices of the Contractor, or other causes outside of normal use are the responsibility of the Contractor and may, at the discretion of the Department, be added to the fair market value. (b) Loss of Project Equipment Due to Casualty or Fire. Fair market value shall be deemed to be equal to the damages paid by the Contractor's insurance carrier or from the self-insured reserve account. In no event shall salvage value be considered as fair market value for project equipment. Section 15. Interest of Members of or Delegates to Congress. No member of or delegate Congress of the United States shall be admitted ea to to 9 9 to any share or part of this Agreement or to any benefit arising therefrom. Section 16. Prohibited Interest. No member, officer, or employee of the Department or of the Contractor shall have any interest, direct or indirect, in this Agreement or the proceeds therefrom. Section 17. Equal Employment Opportunity. In connection with the execution of this Agreement, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading,, demotion or transfer, recruitment or III advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. Section 18. Title VI - Civil Rights Act of 1964. The Contractor will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (78 Stat. 252) , the Regulations of the U.S. Department of • , Page 10 of 13 Transportation issued thereunder (CFR Title 49, Subtitle A, Part 21) , UMTA Circular 4702.1, "Title VI Program Guidelines for UMTA Recipients" dated May 26, 1988. The aforementioned documents and any subsequent amendments or revisions thereto, are herewith incorporated by reference. Section 19. Disadvantased Business Entergrises. (a) Policy. It is the policy of the Department that Disadvantaged Business Enterprises (DBE) as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under the Agreement. Consequently, the DBE requirements of 49 CFR Part 23, and any subsequent amendments or revisions thereto, apply to this Agreement. (b) DBE Obligation. The Contractor or its subcontractors agree(s) to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under this Agreement. In this regard the Contractor or its contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 and UMTA Circular 4716.1A, dated July 26, 1988, and any subsequent amendments or revisions thereto, to ensure that Minority Business Enterprises have the maximum opportunity to compete for and perform contracts. Contractors and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of Department assisted contracts. (c) Subcontracts. The Contractor shall advise each subrecipient, contractor, or subcontractor that failure to carry out the requirements set forth in 49 CFR subsection 23.43(1) shall constitute a breach of contract and, after the notification of the Department, may result in termination of Page 11 of 13 the Agreement or contract by the Contractor or such remedy as the Contractor deems appropriate. (d) DBE Program. If as a condition of assistance the Contractor has submitted and the Department has approved a Disadvantaged Business Enterprise program which the recipient agrees to carry out, this program is incorporated into this Agreement by reference. This program shall be treated as a legal obligation and failure to carry out its terms shall be treated as a violation of the financial assistance Agreement. Upon notification to the recipient of its failure to carry out the approved program, the Department shall impose sanctions as noted in 49 CFR Part 23, Subpart E, which sanctions may include termination of the Agreement or other measures that may affect the ability of the Contractor to obtain future UMTA financial assistance. Section 20. Section 504 - Rehabilitation Act of 1973. The Contractor will comply with all the requirements imposed by Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112, 29 U.S.C. 790 et 129), the Regulations of U.S. DOT issued thereunder (CFR Title 49, Part 27), and the assurance by the Contractor pursuant thereto. The aformentioned documents and any subsequent amendments or revisions thereto, are herewith incorporated by reference. Section 21. Section 13(c) - Labor Standards. In connection with the execution of this contract, the Contractor shall protect the interest of employees affected by federal assistance as part of the Project, as provided by Section 13(c) of the Urban Mass Transportation Act of 1964, as amended, and the assurance by the contractor pursuant thereto (Appendix B). The Contractor shall be financially responsible for the application of the Section 13(c). Section 22. Contract Changes. Any proposed major changes in this Page 12 of 13 Agreement that would result in changes in the scope, character, or complexity of the Agreement, as determined by the Department, shall require a supplemental agreement. Any proposed minor changes in this Agreement may be authorized by the Department's Director of Public Transportation, or his delegate, by notifying the Contractor in writing of the approved changes. Section 23. Termination of Agreement. (a) The Department of Transportation. In the event of the Contractor's noncompliance with any of the provisions of the Agreement, the Department may terminate the Agreement by giving the Contractor thirty (30) days advance notice. The Department, before issuing notice of Agreement termination, shall allow the Contractor a reasonable opportunity to correct for noncompliance. Noncompliance with the nondiscrimination section of this Agreement may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for contracts in accordance with procedures authorized in Executive Orders No. 11246 and No. 11375, and such other sanctions may be imposed and remedies invoked as provided in the said Executive Order, and as supplemented in Department of Labor regulations (41 CFR, Part 60), or as otherwise provided by law. (b) The Contractor. The Contractor may terminate its participation in the Project by notifying and receiving the concurrence of the Department thirty (30) days in advance of the termination. (c) Action Upon Termination. Upon the termination of this Agreement, the Contractor shall dispose of all project equipment acquired under the Agreement in accordance with the provisions of Sections 10, 11, and 15 of this Agreement. Section 24. Resolution of Disputes. In any dispute concerning a question of fact in connection with the Project,. the decision of the Secretary of North Carolina Department of Transportation shall be final and conclusive for all parties. 1 , . , . . . . _ -, Page 13 of 13 IN WITNESS WHEREOF, this Agreement has been executed by the Department, an agency of the State of North Carolina, and the Contractor by and through a duly authorized representative, and is effective the date and year stated herein. COUNTY OF ORANGE BY: I //0(4'( i ' i ,41■46.mai/ I CHAIR; ORANGV COUNTY TITLE: BOARD or COMMISSIONER 1 . (SEAL) I 77, ATTEST: •/// , ..— 1 _ _ TITLE: eia,,e 7-D .77),- DEPARTMENT OF ! ANSI:4: ATION AO" 414 '111■ dirill--,„ir . A BY:b0 41111107 / / SECRETARY Al 1 d ' ATTEST: ,hx:ii A. X.64/ i 1 TITLE: Executive Secretary 1 . • RESOLUTION - Seeking Permission To Apply For Section 18 Funding, Enter Into Agreement With The North Carolina Department of Transportation And To Provide The Necessary Assurances. A motion was made by Commissioner John Hartwell and seconded (Board Member's-Name) by. Commissioner Don Willhoit for the adoption of the following (Board Member's Name) resolution, and upon being put to a vote was duly adopted. WHEREAS, the North Carolina Department of Transportation has received a grant from the US Department of Transportation authorized by Section 18 of Urban Mass Transportation Act of 1964, as amended, to provide assistance for rural public transportation projects; and WHEREAS,the purpose of these transportation funds is to provide . . incidental general public transportation services in rural and urban areas; . , ; and WHEREAS,Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina I I Department of Transportation(NCDOT) as the agency responsible for administering funds received through Section 18 of the Urban Mass Transportation Act of 1964; and WHEREAS, County of Orange ,hereby assures and (Applicant's Name) certifies that it will comply with the Federal Statutes,regulations, executive orders, the Special Section 13(c)Warranty, and all administrative requirements which relate to the applications made to and grants received from the Urban Mass Transportation Administration, as well as the provisions of Section 1001 of Title 18, U. S. C.' I • -27- • A r .. - NOW, THEREFORE,be it resolved that the Chair • (Authorized Ofliicial%Title) of Orange County Commissioners is hereby authorized to submit a grant (Name of Local Governing Board) application for funding under Section 18 of the Urban Mass Transportation Act of 1964,make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide incidental general public transportation services. ° I Beverly A. Blythe Clerk to the Board (Certifying Official's Name) (Title of Certifying Official) . do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of the Orange County Board of Commi ss i onerduly held on (Name of Local Governing Board the 19th day of July _, 19 8 (Signat y o Certifying •`lcial) Orange County (Name of Local Governing Board) • Subscribed and sworn to me this 22nd day of, July 19 88 • (Seal) Notary Public ottessuntn%. / sodey�o. C. cc . My commission expires Dec. 10, 1990 - - t F • • 1 Address / 4"c.-3,•, NOTARY • CO • • PUBLIC Rev. 5/88 + Q "- t .•a``' -28- APPENDIX A NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION SECTION 18 GRANT 89-18-044 APPROVED BUDGET SUMMARY PROJECT SPONSOR: COUNTY OF ORANGE PERIOD OF PERFORMANCE: From the Date of Agreement Execution to June 30, 1991 TOTAL PROJECT FUNDING I. Total Project Expenditures $ 65,100 Capital II. Funding Federal $ 52,080 (80%) State $ 6,510 (10%) Local $ 6,510 (10%) TOTAL $ 65,100 (100%) it 1 • NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION SECTION 18 GRANT 89-18-044 COUNTY OF ORANGE APPROVED PROJECT BUDGET Department 4523 - Capital Approved Object Title Amount 545 Two (2) Van conversion/ $ 39,000 13 passenger seating 548 Two (2) Wheelchair lift for 10,000 van conversion 592 Two (2) Van rehabilitations 13,000 991 Contingency (5% of Capital) 3,100 TOTAL $ 65,100 • NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION SECTION 18 GRANT 89-18-044 APPROVED BUDGET SUMMARY TRANSPORTATION REVENUES Department 3452 Approved Account Source Title Amount ($) 200 INTERGOVERNMENTAL REVENUES - FEDERAL 260 Categorical Grants 52,080 263 Section 18 Capital 300 INTERGOVERNMENTAL REVENUES - NONFEDERAL 360 Categorical Grants 6,510 363 State Capital assistance 370 Local Government Cash Match 373 Cash match - Section 18 Capital 6,510 TOTAL REVENUES $65,100 II • - - - APPENDIX B SPECIAL SECTION 13(c) WARRANTY FOR APPLICATION TO THE SMALL URBAN AND RURAL PROGRAM • The following language shall be made part of the contract of assistance with the State or other public body charged with allocation and • administration of funds provided under Section 18 of the Act: • A. General Application The Public Body (The North Carolina Department of Transportation) agrees that in the absence of waiver by the Department of Labor, the terms and conditions of this warranty, as set forth below, shall apply for the protection of the transportation related employees of any employer providing transportation services assisted by the Project, County of Orange (legal name of applicant/recipient) and the transportation related employees of any other surface public transportation providers in the transportation service area of the project. The Public Body shall provide to the Department of Labor and maintain at all times during the Project an accurate, up-to-date listing of all existing transportation providers which are eligible Recipients of transportation assistance funded by the Project, in the transportation service area of the Project, and any labor organizations representing - the employees of such providers. Certification by the Public Body to the Department of Labor that the I I designated Recipients have indicated in writing acceptance of the terms and conditions of the warranty arrangement will be sufficient to permit the flow of Section 18 funding in the absence of a finding of noncompliance by the Department of Labor. B. Standard Terms and Conditions (1) The Project shall be carried out in such a manner and upon such terms and conditions as will not adversely affect employees of the Recipient and of any other surface public transportation provider in the transportation service area of the Project. It shall be an obligation of the Recipient and any other legally responsible party designated by the Public Body to assure that any and all transportation services assisted by the Project are contracted for and operated in such a manner that they do not impair the rights and interests, of affected employees. The term "Project", as used herein, shall not be limited to the particular facility, service, or operation assisted by Federal funds, but shall include any changes, whether organizational, operational , -41- • . . - _ . technological, or otherwise, which are a result of the assistance provided. The phrase "as a result of the Project", shall when used in this arrangement, .include events related to the Project occurring in anticipation of, during, and subsequent to the Project and any program of efficiencies or economies related thereto; provided, however, that volume rises and falls of business, or changes in volume and character of employment brought about by causes other than the Project (including any economies or efficiencies unrelated to the Project) are not within the purview of this arrangement. An employee covered by this arrangement, who is not dismissed, displaced or otherwise worsened in his position with regard to his employment as a result of the Project, but who is dismissed, displaced or otherwise worsened solely because of the total or partial termination of the Project discontinuance of Project services, .or exhaustion of Project funding shall not be deemed • eligible for a dismissal or displacement allowance within the meaning of paragraphs (6) and (7) of the Model Agreement or applicable provisions of substitute comparable arrangements. 1 (2) (a) Where employees of a Recipient are represented for collective bargaining purposes, all. Project services provided by • that Recipient shall be provided under and in accordance with any collective bargaining agreement applicable to such employees which is then in effect. (b) The Recipient or legally responsible party shall provide to all affected employees sixty (60) days notice of intended actions which may result in displacements or dismissals or rearrangements of the working forces. In the.case of employees represented by a union, such notice shall be provided by certified mail through their representatives. The notice shall contain a full and adequate statement of the proposed changes, and an estimate of the number of employees affected by the intended changes, and the number and classifications of any jobs in the Recipient's- employment available to be filled by such affected employees. (c) The procedures of this subparagraph shall apply to cases where notices involve employees represented by a union for collective bargaining purposes. At the request of either the Recipient or the representatives of such employees, negotiations for the purposes of reaching agreement with respect to the application of the terms and conditions of this arrangement shall commence immediately. If no agreement is reached within twenty (20) days from the commencement of negotiations, any party to the dispute may submit the matter to dispute settlement procedures in accordance with paragraph (4) of this warranty. The foregoing procedures shall be complied with and carried out prior to the institution of the intended action. (3) For the purpose of providing the statutory required protections including those specifically mandated by Section 13(c) of the • -42- • J • • -- - - Act1, the Public Body will assure as a condition of the release of funds that the Recipient agrees to be bound by the ter& and conditions of the National (Model) Section 13(c) Agreement executed July 23, 1975, identified below', provided that other comparable arrangements may be substituted therefore, if approved by the Secretary of Labor and certified for inclusion in these conditions. (4) Any dispute or controversy arising regarding the application, interpretation, or enforcement of any of the provisions of this arrangement which cannot be settled by and between the parties - at interest within thirty (30) days after the dispute or controversy first arises, may be referred by any such party to any final and binding disputes settlement procedure acceptable to the parties, or in the event they cannot agree upon such procedure, to the Department of Labor or an impartial third party designated by the Department of Labor for final and binding determination. The compensation and expenses of the impartial third party, and any other jointly incurred expenses, shall be borne equally by the parties to the proceeding and all other expenses shall be paid by the party incurring them. In the event of any dispute as to whether or' not a particular • employee was affected by the Project, it shall be his obligation to identify the Project and specify the pertinent facts of the Project relied upon. It shall then be the burden of either the Recipient or other party legally responsible for the application ' of these conditions to prove that factors other, than the Project affected the employees. The claiming employee shall prevail if it is established that the Project had an effect upon the employee even if other factors may also have affected the employee. 1 Such protective arrangements shall include, without being limited to such provisions as may be necessary for (1) the preservation of. rights, privileges, and benefits (including continuation of pension rights and benefits)-under existing collective bargaining agreements or otherwise; (2) the continuation of collective bargaining rights; (3) the protection of individual employees against a worsening of O of • assurances o their positions with respect to their employment; (4) assura employment to- employees of acquired mass transportation systems and priority of reemployment of employees terminated or laid off; and (5) paid training and retraining programs. Such arrangements shall include provisions protecting individual employees against a worsening of their positions with respect to their employment which shall in no event provide benefits less than those established pursuant to Section 5(2)(f) of the Act of February 4, 1887 (24 Stat. .379), as amended. 2 For purposes of this warranty arrangement, paragraphs (1); (2); (5); (15); (22); (23); (24); (26);' (27); (28); and (29) of the Model Section 13(c) Agreement, executed July 23, 1975 are to be omitted. -43- s - (5) The Recipient or other legally responsible party designated by the Public Body will be financially responsible for the application of these conditions and will make the necessary arrangements so that any employee covered by these arrangements, or the union representative of such employee may file claim of violation of these arrangements with the Recipient within sixty (60) days of the date he is terminated or laid off as a result of the Project, or within eighteen (18) months of the date his position with respect to his employment is otherwise worsened as a result of the Project. In the latter case, if the events giving. rise to the claim have occurred over an extended Period, the eighteen (18) month limitation shall be measured from the last such event. No benefits shall be payable for any period prior to six (6) months from the date of the filing of any claim. (6) Nothing in this arrangement shall be construed as depriving any employee of any rights or benefits which such employee may have under existing employment or collective bargaining agreements, nor shall this arrangement be deemed a waiver of any rights of any union or of any represented employee derived from any other agreement or provision of federal , state or local law. (7) In the event any employee covered by these arrangements is • terminated or laid off as a result of the Project, he shall be granted priority of employment or reemployment to fill any vacant position within-the control of the Recipient for which he is, or by training or retraining within a reasonable period, can become qualified. In the event training or retraining is required by such such employment or reemployment, the Recipient or other legally responsible party designated by the Public Body shall provide or provide for such training or retraining at no cost to the employee. (8) The Recipient will post, in a prominent and accessible place, a notice stating that the Recipient has received federal assistance under the Urban Mass Transportation Act and has agreed to comply with the provisions of Section 13(c) of the Act. This notice shall also specify the terms and conditions set forth herein for the protection of employees. The Recipient shall maintain and keep on file all relevant books and records in sufficient detail as to provide the basic information necessary to the proper • application, administration, and enforcement of these arrangements and to the proper determination of any claims arising thereunder. (9) Any labor organization which is the collective bargaining representative of employees covered by these arrangements, may become a party to these arrangements by serving written notice its desire to do so upon the Recipient and the Department of Labor. In the event of any disagreement that such labor organization represents covered..employees, or is otherwise eligible to-become a party to these arrangements, as applied to the Project, the dispute as to whether such organization shall participate shall be determined by the Secretary of Labor. -44- . (10) In the event the Project is approved for assistance under the Act, the foregoing terms and conditions shall be made part of the contract of assistance between the .federal government and the Public Body or Recipient of federal funds; provided, however, that this arrangement shall not merge into the contract of assistance, but shall be independently binding and enforceable by and upon the parties thereto, and by any covered employee or his representative, in accordance with its terms, nor shall any other employee protective agreement merge into this arrangement, but each shall be independently binding and enforceable by and upon the parties Ahereto, in accordance with its terms. C. Waiver As a part of the grant approval process, either the Recipient or other legally responsible party designated by the Public Body may in writing seek from the Secretary of Labor a waiver of the statutory required protections. The Secretary will waive these protections in cases, where at the time of the requested waiver, the Secretary determines that there are no employees of the Recipient or of any other surface public transportation providers in the transportation service area who could be potentially affected, by the Project. A thirty (30) day notice of proposed waiver will be given by the Department of Labor and in the absence of timely objection, the waiver will become final at the end of the thirty (30) day notice period. In the event of timely objection, the Department of Labor will review the matter and determine whether a waiver shall be granted. On the absence of waiver, these protections shall apply to the Project. D. Acceptance of Warranty I, Shirley E. marshal1,Onair,county Commissioners, do hereby (Name and Title) certify that the County of Orange (legal name of applicant/Recipient) has agreed, to the terms and conditions of this Warranty and will accept this agreement as part of the contract of assistance with the North Carolina Department of Transportation. 4e • (Signature) (SEAL) 9/V/kr • (Date) • -45- • rA . F.- • te• re-!.x,1 . STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P.O.BOX 25201 • RALEIGH 27611-5201 JAMES G.MARTIN January 23, 1989 FISCAL SECTION GCNERNOR JAMESE.HARRINGTON LESTER TEAL,CONTROLLER SECRETARY 919/733-3624 MEMORANDUM: Mr. David D. King, Director Public Transportation Division SUBJECT: Pre-Award Audit Report County of orange Work Order No. 9.9043204 PTD Project No. 89-18-044 A pre-award audit of the subject project has been completed. This report is being submitted for your information. 1. General A. The primary purpose of this audit was to ascertain that the estimated project costs were reasonable, valid and in compliance with the applicable Federal and State regulations. B. The local government is currently reporting under OMB Circular A-128. 2. Scope of Audit A. Current permanent Audit Branch files, pertinent data furnished by the Contracting Officer, the grantee's Application for State Funds, the proposed project budget and the contract signed by the grantee were utilized in the audit. z B. The audit was performed in accordance with the North Carolina 0 Department of Transportation fiscal procedures and Office of Management and Budget Circulars A-87, A-102 and A-128. • 3. Results A. The total estimated cost for the capital project is $65,100.00 with a maximum reimbursement from the Department in the amount of $58,590.00 based upon funding of 80% Federal, 10% State and 10% Local. AnEmalOmmduMW/AffirmaveActionEmployer [ Mr. David D. King Page 2 1 B. The extensions and computations in the budget proposal are accurate and the amount of participation agrees with the amount stated in the contract. C. The Contracting Officer has certified that the proposed budget and scope of work are acceptable for the successful completion of the project. D. It was noted that the agreement period of performance is not well defined and there is no provision for retainage. E. The agreement makes reference to supporting documentation from the non-profit organization, whereas Orange County is a local government under the Single Audit Act. 4. Conclusion A. In the opinion of the auditor, the estimated costs of the proposed project appear to be reasonable, valid and in compliance with the applicable Federal and State regulations. B. It is recommended that the period of performance for Exhibit A be included in the agreement. C. It is recommended that a provision for retainage be included in the payment provision of the agreement. D. It is recommended that, "supported by documentation of costs from the private nonprofit organization" be deleted from Section 5.(d) of the agreement. E. It is recommended that a copy of the executed contract be submitted to this office. F.. The local government's system is capable of segregating, identifying and accumulating the allowable project costs for billing purposes and appropriate presentation in the annual year end independent audit in 0 0 accordance with OMB Circular A-128. It will therefore not be necessary for the grantee to submit detailed documentation with partial invoices. 0 0 2 G. The Contracting Officer is requested to advise the External Audit Branch at any time he elects to deviate from the audit conclusions contained in this pre-audit report. H. The contents of this report are intended for the procurement of the contract only and should not be used for any other purpose without the Mr. David D. King Page 3 consent of this office. J. E. Bartholomew Assistant Controller Prepared By: J. . Dillard, CPA, Fiscal Auditor • Reviewed By: .4.1111121/ 411( R. B. Bunn, ager External Audit ranch JEB:JBD:ch cc: Internal Audit Section 0 z 0 JAN 301989 :II: &C.Of:PA rill^g. 4"141Lic %.bitli,-;• -. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION Request for Reimbursement Section 18 Project PROJECT SPONSOR COUNTY OF ORANGE Prepared by Phone No. PROJECT NO. 89-18-044 WORK ORDER INVOICE NO. Title Date PERIOD COVERED Signature Department 4523-Capital Expenses Approved xpenses Year-to-Date Project During This Object Title Bud et Re ort Period Expenditures Balance 545 Two (2) Van conversion) 39,O0O 13 passenger seating 10,000 548 Two (2) Wheelchair lift for van conversion 13,000 592 Two (2) Van rehabilitations 3,100 991 Contingency (5% of Capital) 65,100 TOTALS i Total Cost Local Share (10%) State Share (10%) Section 18 Share (80%) AMOUNT DUE THIS INVOICE (90%) . MAKE CHECK PAYABLE TO: IF APPLICABLE, SUPPORTING DOCUMENTATION IS ATTACHED FOR THE ABOVE EXPENSES . . 2 . • ORANGE COUNTY (for the ORANGE COUNTY DEPARTMENT OF AGING) and TRIANGLE J COUNCIL OF GOVERNMENTS • CONTRACT FOR SB 1559/STATE 331-D SUPPLEMENTAL SERVICES 4-4 41.. The Triangle J Council of Governments (hereinafter referred to as "COG") arlit Orange County, a unit of local government, for'the Orange County Department of Aging (hereinafter referred to as "Contractor" or Agency") in consid- eration of the mutual covenants and promises contained in this Grant Agreement agree as follows: WITNESSETH THAT : WHEREAS, COG desires to engage the Agency to render certain social services (hereinafter described in connection with an undertaking cr project and referred to as the "Project") which is to be wholly or partially financed by a grant from the N.C. Division of Aging (hereinafter, along with the appropriate auditing agency of the entity making such grant, referred to as the "concerned Funding Agency or Agencies"), said grant being a Contract for SE s 1559/STATE nx-D SUPPLEMENTAL SEri VICES (hereinafter referred to as "Grant") and, WHEREAS, the Agency desires to render such services in connection with the Project: NOW THE REF 0 R E, in consideration of the premises, and the mutual convenants and agreements hereinafter contained, the parties hereto agree as follows: 1. Employment of the Agency. COG hereby agrees to engage the Agency and the Agency hereby agrees to perform the services hereinafter set forth in accordance with the terms and conditions contained herein. 2 Local Support. In accepting this contract providing for $gsg70 of the state funds, the Agency agrees to provide not less than $___2.4A._ of acceptable matching cash and $ =13:. acceptable in-kind contributions. 3. Scope of Services. Agency shall do, perform and carry out in a satisfactory and proper manner the work and services described in Attachment "A" which is attached hereto and made a part hereof. 4. Time of Performance. The services of the agency are to commence no later than fifteen (15) days after the execution of this contract and shall be undertaken and pursued in such sequence as to assure their expeditious completion and as may be required in Attachment "A". All services required hereunder shall be completed on cr before June 30, 1989. 5. Compensation and Method of Payment. The Agency shall be compensated for the work and services to be performed under this contract as set forth in • 3 • , • Attachment "A" which is attached hereto and made a part hereof. In no event, however, will the total compensation and reimbursement, if any, to be paid the Agency undue this contract exceed the sum of 8L820.00 •6. Progess Payments. Unless otherwise provided owing basis: As Agency shall be entitled to receive progress pay ents on the following of the last day of' each calendar month during the,existence of this contract, the Agency shall submit to COG an invoice fbr payment based on the unit cost reimbursement rate per service (as identified in Attachment "A") through the invoiced period. Subject to C O G's right to verify the accuracy of the invoice and the satisfactory performance of the work evidenced thereby, COG will make payments to the Agency on a monthly basis as the work progresses but not more often than once a month. Invoices must cover a period ending with the end of a month and must be received within ten (10) days following the end of the invoice period. The Agency will be paid an amount which equates the agreed upon unit cost reimbursement rate to the units provided during the invoice period. 7. Documentation of Expenses. Agency shall maintain full and complete documentation of all expenses associated with performing the scope of work under this contract. Expense documentation shall include: timesheets for each employee, showing time spent on services for recipients; receipts for any supplies purchased for use on this contract; any applicable subcontract expenditures; all applicable overhead and indirect expenditures; and such other documentation necessary to substantiate overall costs of delivering the contracted service (including Agency contribution as well as amounts reimbursed by COG). 8. Documentation of Service Recipents and Confidentiality. It is expressly understood and agreed that the report procedures established by COG may include, but not be limited to, the names and addresses of individuals receiving services under the terms of this contract, with the understanding that no personal information obtained from any individual will be disclosed by COG in a form which allows identification of the individual, without the written consent of the individv'L It is understod and agreed that the report procedures established by COG may also include actual costs incurred per unit of service including both COG costs and Agency contributions. 9. Reprogramming of' Funds. It is understood and agreed that, in the event that the amount of Hands received from the North Carolina Division of' Aging is Ii reduced, COG may, in turn, decrease the total compensation and reimbursement to be paid hereunder and require corresponding changes in the Scope of Services as set out in Attachment "A". It is further understood and agreed that, in the event at the end of' each quarter, the Contractor's rate of progress on this contract is leading to underspending at the end of the contract period, due to inability to provide services at planned levels, COG may decrease the total compensation and reimbursement to be paid hereunder in order to allocate funds to other contracts and services. 10. Change of unit Cost Reimbursement Rates. COG may renegotiate the reimbursement me nt rates as set forth in Attachment "A". The parties agree that COG will consider increasing the reimbursement rate only under two circumstances: -..-.---,--■-• ,,.... . 1 • . , 4 I • 10. Chan e cAjj ---ilt Cost Reimbursement Rates. COG may renegotiate the reimbursement rates as set forth in Attachment "A". The parties agree that COG will consider irwrwA.sin the reimbursement rate only under two circumstancem (a) Upon a showing by Agency that actual costs have increased due to factors beyond Agency's control or • - (b) Upon a showing by Agency that actual costs have increased due to a sudden increase in client load (e.g., due to a disaster event). e" • The parties further agree that COG shall have the right to decrease the '''---reimbursement rate under any circumstances which show that actual costs are -less than projected' including, but not limited to, circumstances in which: . (a) Overall costs of providing service are shown to be less than forecast in the Agency's original bid for•this service; or (b) The Agency fails to document the required local match such that the COG reimbursement rate exceeds ninety percent (90%) of service costs. In the event the reimbursement rates are decreased, COG may, at its option, increase the total number of units of service to be delivered. 11. Pa ents • Service Reci•*ents. No individual receiving services under the terms of this Agreement shall be required to pay any part of the cost of the service. However, recipients shall be given the opportunity by the Agency to make some contribution for the service in a manner approved by COG. Agency shall post a notice in a conspicuous place, stating that no charge is made for the service, but that contributions will be accepted. Agency shall furnish h envelopes to all clients for confidential contributions. Agency shall offer a locked box in a convenient location for confidential deposit of envelopes. All envelopes shall be collected and operated by the Project manager or a person designated by the Project Manager. Envelopes shall be opened in the presence of another person, the money shall be counted and the total recorded. The money shall be deposited in accordance with the usual procedures of the Agency, with a separate receipt., Accumulation of contributions should not exceed fifty dollars ($50) between deposits. 12. y _ art ,..._1 Insojiie. Program income is any money received by Agency as a direct result of contract actiity. Agency shall maintain daily records of voluntary contributions by (or on behalf of) service' recipents, interest received on COG advance before disbursement, and any other program income. Agency shall not withold any program income as an offset to COG reimbursement Program income shall be used in the same year it is received to provide additional services. Upon completion of the work, including the receipt of any final written submission of the Agency, COG shall pay the Agency a sum equal to one hundred percent (100%) of the compensation to be paid under this contract, lees the total of all previous payments made. Notwithstanding the foregoing provisions of this paragraph, COG will make diligent efforts to obtain advance funding from its funding source; and if it receives such advance funding, then the Agency shall be entitled to advances once a month based upon requisitions of the estimated amounts of expected expenditures for such month. 1 , t 5 13. A9enytS 12trs —orulel. Agency represents that it has, or will secure at its own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of COG, nor shall such personnel have been employees of COG duirng any time within the twelve-month period immediately prior to the date of this contract, except with the express prior written consent of COG. Further, Agency agrees that no one employed by COG now, or within the twelve-month period immediately prior to the date of this contract, shall be involved in any way with the performance of this contract, without the express prior written approval of COG. - .14. Arivroval of Subctracts. None of the work of services to be -4'-performed uridethis contract by the Agency shall be subcontracted without the prior written approval of COG. If such subcontracting is authorized as herein provided, all subcontract documents shall be submitted to COG for review and approval prior to the execution of such subcontract. Further, if requested by COG, the Agency shall provide COG with such documentation as it shall require, regarding the method the Agency used in selecting its subcontractor. the Agency acknowledges that if the work Cr services to be performed under this contract is financed soley or partially through Federal funds, the selection of subcontractors is governed by regulations requiring competition between potential subcon- tractors adequate justification for sole source selection. The Agency agrees to abide by such regulations in its selection procedure. 15. Review and Coordination. To insure adequate review and evaluation of the work, and proper coordination among interested parties, COG shall be kept fully informed concerning the progress of the wort and services to be performed hereunder. COG may require the Agency to meet with designated officials of COG and the Concerned Funding Agency from time to time to review the wort. Reasonable prior notice of such review meeting shall be given the Agency. 16. Reports. The Agency shall furnish COG with a quarterly progress report, (the period for which COG is required to report to the funding agency), in such form as may be specified by COG, outlining the work accomplished by the Agency during the period of such report and the current status of the Project, including the percentage of the work which has been completed as of the end of the period covered by sub report. Such report shall be furnished within fifteen (15) days of the end of the period covered by such report. 17. Authorized representatives of COG and the Concerned Funding Agency may at all reasonable times review and inspect the Project activities and data collected pursuant to this contract. Al reports, drawings, studies specifications, estimates, maps and computation prepared by or for the Agency shall be made available to authorized representatives of COG and the Concerned Funding Agency for inspection and review at all reasonable times in the Agency's office where data are normally accumlated. Approval and acceptance of such material shall not relieve the Agency of its professional obligation to correct, at its expense, any errors found in the work. • A 6 • 18. Maintenance of Cost Records. The Agency shall maintain all books, documents, papers, accounting records and and other evidence pertaining to costs incurred in the Project and shall make such material available at all reasonable times during the period of the contract, and for three years from the date of final payment under the contract, for inspection by COG, the Concerned Funding Agency, and if the work and services to be performed under this contract is wholly or partially funded with Federal funds, the Comptroller General of the 'United States, or any of their duly authorized representatives. The Agency shall include the provisions of this paragraph in any subcontract executed in connection with this Project. • 19. Compliance with Requirements of the Concerned Funding Agency. The -agency shall be bound by the applicable terms and conditions of the Grant Contract between COG and the Concerned Funding Agency, which said Grant Contract is on file in the deices of COG, a copy of which has been delivered to the Agency, and is hereby made a part of this Agreement as fully as if the same were attached hereto. 20. Data to be furnished Agency. All information, data, reports, records and maps which are existing, readily available and reasonably necessary, as determined by COG, for the performance by the Agency of the work and services required by this contract shall be furnished to the Agency without charge by COG. COG, its agents and employees, shall fully cooperate with the Agency in the performance of the Agency's duties under this contract. 21. Rights in Documents, Materials and Data Produced. Agency agrees that all reports, drawings, studies, specifications, estimates, maps, computations and other data prepared by or for it under the terms of this contract shall be delivered to, become and remain, the property of COG and the Agency shall have the right to use same without restriction or limitation and without compensation to the other. For the purposes of this contract, "data" includes writings, sound recordings, or other graphic representations, and works of a similar nature. No reports, maps or other documents produced,in whale or part under this contract shall be the subject of an application for copyright by or on behalf of the Agency or its subcontractors. The work to be performed under this contract may be subject to certain regulations issued by the Concerned Funding Agency. Information regarding these relevant regulations may be obtained upon written request to COG. This contract does not provide for the development of systems analysis products, models, electronic data processing systems, software and related services. Any development of such methods, materials, logic and systems shall be paid for by the Agency from funds not allocated to this contract as local support and shall be the property of the Agency. 22. Identification of Documents. All reports, maps and other documents completed as a part of this contract shall bear on the title page of such report, map or document, the following legend: "Prepared by (insert name of Agency) under Contract with the Triangle J COG". The date (month and year) in which the document was prepared shall also be shown. 7 . • . . 23.Interest of AgencY The Agency covenants that neither the Agency, nor anyone controlled by the Agency, controlling the Agency, or under common control with the Agency, nor their agents, employees Cr subcontractors, presently has an interest, ncr shall acquire an interest, direct cr indirect, which would conflict in any manner or degree with the performance of its service hereunder, cr which would prevent, or tend to prevent, the satisfactory performance of the Agency's service hereunder in an impartial and unbiased manner. The Agency further covenants that in the performance of this contract . is any person having any such interest and employed by the Agency contemplates taking some action which may constitute a violation of this paragraph, the Agency shall request in writing the advice of COG, and if COG shall notify the Agency in writing that the Agency's contemplated action will not constitute a 'violation hereof, then the Agency shall be authorized to take a such action without being in violation of this paragraph. 24. Interest of Members of COG and Others. No officer, member or employee of COG, and no -public official or any local government which is affected in any way by the Project, who exercises any function cr responsibilities in the review cr approval of the Project or any component part thereof, shall participate in any decision relating to this contract which affects his personal interest or the interest of any corporation, partnership or association in which he is directly or indirectly interested; nor shall any such officer, member or employee of COG, Cr public official of any local government affected by the Project, have any interest, direct or indirect, in this contract Cr the proceeds arising therefrom. 25. Officials not to Benefit. No member of cr delegate to the Congress of the United States of America, resident Commissioner or employee of the United States Government, shall be admitted to any share or part of this contract cr to any benefits to arise herefrom. 26. Equal Employment Opportunity. (a) The Agency will not discriminate against any employee, applicant for employment or subcontractor because of race, color, religion, sex, age, cr national crigin. The Agency shall take affirmative action to insure 4lat applicants are employed and subcontractors are wlected, and that employees are treated during employment, without regard to their race, color, religion, sex, age, or, national crigin. Such action shall include, but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment cr recruitment advertising; layoffs cr terminations; rates of pay cr other forms of compensation; selection for training, including apprenticeship and participation in recreational and educational activities, the Agency certifies that it presently has in effect such an affirmative action program which specifies goals, target dates to assure the implementation of such plan. The Agency agrees to post in a conspicuous place available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause. The Agency will in all solicitations or advertisements for subcontractors or employees placed by or on behalf of the Agency, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, or national origin. The Agency will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to subcontractors for less than $10,000.00. (b) The Agency shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as COG a' the Concerned Funding Agency may require. (c) The Agency agrees to comply with such rules, regulations or guidelines as COG or the Concerned Funding Agency's compensation which are mutually agreed upon by and between COG and the Agency, shall be incorporated in written amendments to this contract. 27. Changes. COG may require changes in the work and services which the Agency is to perform hereunder. Such changes, including any increase or decrease in the amount of the Agency's compensation which are mutually agreed upon by and between COG and the Agency, shall be incorporated in written amendments to this contract. 28. Assignability.The Agency shall not assign a' transfer all a' any portion . of its interest in this Agreement without the prior written approval by COG. 29. Licenses and Permits. Agency shall n out � services in Appendix permits, bonds, and insurance required for carrying A. The Agency shall. notify COG immediately if any required licenses cr other permits are cancelled, suspended, or otherwise ineffective. Failure to maintain groper licenses, permits, bonds and insurance shall be a basis for COG disallowing all a' part of payments under this contract cr for termination of' this agreement for cause. 30. Insurance. If Agency uses vehicle in f ilfil]ing its duties under this Agreement, Agency shalll also provide evidence of automobile insurance in the minimum amount of Twenty-Five Thousand/Fifty Thousand Dollars ($25,000/ $50,000) liability insurance and Fifty Thousand Dollars ($50,000) property • insurance. Failure to provide evidence of' insurance shall be deemed an automatic violation of this Agreement and could therefore lead to termination of the Agreement by COG. The Agency agrees to indemnify and save harmless COG, to the extent provided by law and to the extent provided for by policies of' insurance maintained by the Agency, for any damages to the person a' property of any individual or organization as the result of the execution of the scope of service to be performed under this Agreement. 31. Termination of the Contract. If the Agency shall fail to fulfill. in a timely and proper manner its obligations under this contract, a' if the Agency shall violate any of the covenants, agreements, representations ar stipulations of this contract; ar if services do not meet standards as set forth by N.C. Division of Aging; a' if fbr nutrition service specifically, meals fail to fellow the approved program menu and meet reasonable standards of nutrition, sanitation and palatability as determined by COG, C O G shall give the Agency written notice specifying such failure ar violation, and giving the Agency a specified reasonable time, not less than fifteen (15) days, within which to cure cr remedy such fail re or violation. If within such specified period the Agency shall cure or remedy such failure a' violation, or shall,take steps from which it is apparent that such failure cr violation will be substantially cured or remedied within a reasonable time after such period, then this contract shall not be terminated. But if the Agency shall fail within such specified period to cure as remedy the same or take such steps as fbresaid, then this contract shall be deemed to have terminated effective at the end of the period of such notice. _ . •.. -.. . , , .• 9 , . In the event of such termination all finished or unfinished documents and other materials collected or productled under this contract (as mare fully described in paragraph 15 hereof) shall, at the option of COG, become its property (subject to full accessibility thereto by the Agency) and the Agency shall be entitled to receive jast and equitable compensation for any satisfactory work completed on such documents or materials. Notwithstanding the foregoing, the Agency shall not be relieved of liabilitiy to COG for damages sustained by COG by virtue of any breach of this contract by the Agency and COG may -withhold any payments to the Agency for the purpose of set-off for damages -. caused by the Agency's breach, until such time as the exact amount of damages to COG from the Agency is determined. i.',.., • zr...7 32. Termination for Lack of Funds. In the event of prospective termination• . .--clue to non-receipt of funds with which to carry out the provisions of this Contract by giving written notice to the Agency of such termination and specifying the effective date of such termination. In the event such written notice is given, all finished or unfinished documents and other materials as described in paragraph 15 above shall, at the option of the COG, become its property (subct to full accessibility thereto by the Agency) and the Agency I . • will be paid for work satisfactorily completed by the termination date according I to the agreed upon unit cost reimbursement. le this Contract is terminated due to the fault of the Agency, paragraph 24 hereof relative to termination shall apply. 33. A "cj a}0 ;11•e Law. This Contract shall be deemed to have been executed and performed in the State of North Carolina, and all questions of interpretation and construction shall be construed by the laws of such State. TN WITNESS WHEREOF, the Contract is executed. . . AGENCY: JO 4... . - to ' -f C4.7,afalass/a-Ners BY: Chairman or Designa ...;iiriai 'al Date / . TRIANGLE J COUNCIL OF GOVERNMENTS: BY: - tive Director Date APPROVED AS TO LEGAL FORM: Counsel, Triangle J Council cE Governments • . .. __..... .. ... .. .... . .,.. ATTACHMENT A , • 10 ORANGE COUNTY DEPARTMENT OF AGING TITLE r11-1) STATE SUPPLEMENTAL ROME REPAIR SERVICE • • 1. Location of Service Provision. This service shall be carried out for older persons in Orange County. 2. Service . The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- . pensation and reimbursement paid hereunder by COG exceed the maximum of -0- Federal funds, $2,193 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service hereunder. Local match of $244 Cash and -0- In-kind resources shall be required under this contract. 4. Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of ID”rt,„ _ Dollars and sixty-two Cents s141000 . ) is agreed upon for every unit of service delivered to eligible recipients. COG will reimburse Contractor 100 % of this rate with KgdomAtomill State funds. 5. Scope of Service Units. It is agreed that Contractor will work towards delivering _ 150 hours of acceptable . units of service to eligible recipients by June 30, 1989. 6. Chan•es to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Co on Aging, COG Board and Contractor Board. 7. Personnel. It is understood and agreed that shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. - - ATTACHMENT 14 11 • ORANGE COUNTY DEPARTMENT ON AGING PROGRAM DEVELOPMENT FUNDING NEIGHBORHOOD ADVISOR PROJECT 1. Location of Service Provision. This service shall be carried out for older persons in , Orange County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. 'Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- . pensation and reimbursement paid hereunder by COG exceed the maximum of -0- Federal funds, $2,888 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service hereunder. Local match of -0- Cash and -0- In-kind resources shall be required under this contract. 4. Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of N/A Dollars and N/A Cents ( N/A ) is agreed upon for every unit of service delivered to eligible recipients. COG will reimburse Contractor N/A % of this rate with Federal and State funds. 5. Scope of Service Units. It is agreed that Contractor will work towards delivering N/A of acceptable units of service to eligible recipients by June 30, 1989. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory *Council on Aging, COG Board and Contractor Board. 7. Personnel. It is understood and agreed that shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. ATTACHMENT A , • - 12 ORANGE COUNTY DEPARTMENT FOR THE ACING SENIOR CENTER OUTREACH FUNDING NEIGHBORHOOD ADVISOR PROJECT, 1. Location of Service Provision. This service shall ..- be carried out for older persons in Orange County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- pensation and reimbursement paid hereunder by COG exceed the maximum of -0- Federal funds, .”.739- State funds for the specified service and shall constitute full and complete compensation for the Contractor's service hereunder. Local match of -0- Cash and -G- I in-kind resources shall be required under this contract. 4. Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of N/A Dollars and N/A Cents ( N/A ) is agreed upon for every unit of service delivered to eligible recipients. COG will reimburse Contractor N/A % of this rate with Federal and State funds. 5. Scope of Service Units. It is agreed that Contractor will work towards delivering N/A of acceptable units of service to eligible recipients by dune 30. 1989. 6. Chan.es to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 7. Personnel. It is understood and agreed that shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. - • -- _ 13 ORANGE COUNTY (for the ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES) and TRIANGLE J COUNCIL OF GOVERNMENTS ' CONTRACT FOR SB 1559/STATE Iii-D SUPPLEMENTAL SERVICES The Triangle J Council of Governments (hereinafter referred to as "COG") and Orange County, a unit of local government, for the Orange County Department of Social Services (hereinafter referred to as "Contractor" or Agency") in consid- eration of the mutual covenants and promises contained in this Grant Agreement agree as follows: WITNESSETH THAT : WHEREAS, COG desires to engage the Agency to render certain social services (hereinafter described in connection with an undertaking cr project and referred to as the "Project") which is to be wholly or partially financed by a grant from the N.C. Division of Aging (hereinafter, along with the appropriate auditing agency of the entity making such grant, referred to as the "concerned Funding Agency cr Agencies"), said grant being a Contract for SB 1559/STATE SUPPLEMENTAL SERVICES (hereinafter referred to as "Grant") and, WHEREAS, the Agency desires to render such services in connection with the Project: NOW THEREFORE, in consideration of the premises, and the mutual convenants and agreements hereinafter contained, the parties hereto agree as follows: 1. Employment of the Agency. COG hereby agrees to engage the Agency and the Agency hereby agrees to perform the services hereinafter set forth in accordance with the terms and conditions contained herein. 2 Local Support. In accepting this contract providing for $21,03%1 the state flands, the Agency agrees to provide not less than $ of acceptable matching cash and $-0- acceptable in-kind contributions. 3. Scope of Services. Agency shall do, perform and carry out in a satisfactory and proper manner the wcrk and services described in Attachment "A" which is attached hereto and made a part hereof. LI. Time of Performance. The services of the agency are to commence no later than fifteen (15) days after the execution of this contract and shall be undertaken and pursued in such sequence as to assure their expeditious completion and as may be required in Attachment "A". All services required hereunder shall be completed on Cr before June 30, 1989. 5. Compensation and Method of Payment. The Agency shall be compensated for the war* and services to be performed under this contract as set forth in . . 14 • Attachment "A" which is attached hereto and made a part hereof. In no event, however, will the total compensation and reimbursement, if any, to be paid the Agency under this contract exceed the sum of S21,030.00 . 6. Progess Payments. Unless otherwise provided in Attachment "A", the Agency shall be entitled to receive progress payments on the following basis: As of the last day of each calendar month during the existence of this contract, the "Agency shall submit to COG an invoice fbr payment based on the unit cost ekmbursement rate per service (as identified in Attachment "A") through the invoiced period. Subject to COG% right to verify the accuracy of the invoice and the satisfactory performance of the work evidenced thereby, COG will make payments to the Agency on a monthly basis as the work progresses but not more often than once a month. Invoiees must cover a period ending with the end of a month and must be received within ten (10) days following the end of the invoice period. The Agency will be paid an amount which equates the agreed upon unit cost reimbursement rate to the units provided during the invoice period. 7. Documentation of Expenses. Agency shall maintain full nd complete documentation of all expenses associated with performing the scope of work under this contract. Expense documentation shall include: timesheets for each employee, showing time spent on services for recipients; receipts for any supplies purchased for use on this contract; any applicable subcontract expenditures; all applicable overhead and indirect expenditures; and such other documentation necessary to substantiate overall costs of delivering the contracted service (including Agency contribution as well as amounts reimbursed by COG). 8. Documentation of Service Recipents and Confidentiality. It is expressly understood and agreed that the report procedures established, by COG may include, but not be limited to, the names and addresses of individuals receiving services under the terms of this contract, with the understanding that no personal information obtained from any individual will be disclosed by COG in a form which allows identification of the individual, without the written consent of the individual. It is understod and agreed that the report procedures established by COG may also include actual costs incurred per unit of service including both COG costs and Agency contributions. 9. Reprogramming of Funds. It is understood and agreed that, in the event that the amount of eands received from the North Carolina Division of Aging is reduced, COG may, in turn, decrease the total compensation and reimbursement to be paid hereunder and require corresponding changes in the Scope of Services as set out in Attachment "A". It is flirther understood and agreed that, in the event at the end of each quarter, the Contractor's rate of progress on this contract is leading to underspending at the end of the contract period, due to inability to provide services at planned levels, COG may decrease the total compensation and reimbursement to be paid hereunder in order to allocate flands to other contracts and services. 10. Change of Unit Cost Reimbursement Rates. COG may renegotiate the reimbursement rates as set forth in Attachment "A". The parties agree that COG will consider increasing the reimbursement rate only under two circumstances: ----• 15 • 10. Change of Unit Cost Reimbursement Rates. COG may renegotiate the reimbursement rates as set forth in Attachment "A". The parties agree that COG will consider increasing the reimbursement rate only under two circumstances (a) Upon a showing by Agency that actual costs have increased due to factors beyond Agency's control; or (b) Upon a showing by Agency that actual costs have increased due to a sudden inurpAptg, in client load (e.g., due to a disaster event). • The parties further agree that COG shall have the right to decrease the 1"--reimbursement rate under any circumstances which show that actual costs are --less than projected; including, but not limited to, circumstances in which: (a) Overall ccsts of providing service are shown to be less than forecast in the Agency's original bid for'this service; or (b) The Agency fails to document the required local match such that the COG reimbursement rate exceeds ninety percent (90%) of service costs. In the event the reimbursement rates are decreased, COG may, at its option, increase the total number of units of service to be delivered. 11. Payments by Service Recipients.. No individual receiving services under the terms of this Agreement shall be required to pay any part of the cost of the service. However, recipients shall be given the opportunity by the Agency to make some contribution for the service in a manner approved by COG. Agency shall post a notice in a conspicuous place, stating that no charge is made for the service, but that contributions will be accepted. Agency shall furnish envelopes to all clients for confidential contributions. Agency shall offer a locked box in a convenient location for confidential deposit of envelopes. All envelopes shall be collected and operated by the Project manager or a person designated by the Project Manager. Envelopes shall be opened in the presence of another person, the money shall be counted and the total recorded. The with shall be deposited in accordance with the usual procedures of the Agency, with a separate receipt., Accumulation of contributions should not exceed fifty dollars ($50) between deposits. 12. Program Income. Program income is any money received by Agency as a direct result of contract actiity. Agency shall maintain daily records of voluntary contributions by (cr on behalf of) service recipents, interest received on COG advance before disbursement, and any other program income. Agency shall not withold any program income as an offset to COG reimbursement. Program income shall be used in the same year it is received to provide additional services. Upon completion of the work, including the receipt of any final written submission of the Agency, COG shall pay the Agency a sum equal to one hundred percent (100%) of the compensation to be paid under this contract, less the total of all previous payments made. Notwithstanding the foregoing provisions of this paragraph, COG will make diligent efforts to obtain advance funding from its funding source; and if it receives such advance funding, then the Agency shall be entitled to advances once a month based upon requisitions of the estimated amounts of expected expenditures for such month. 16 . • • 13. Agency's Personnel. Agency represents that it has, or will secure at its own expense, all personnel required in performing the services under this contract. Such personnel shall not be employees of COG, nor shall such personnel have been employees of COG duirng any time within the twelve-month period immediately prior to the date of this contract, except with the express prior written consent of COG. Further, Agency agrees that no one employed by COG now, or within the twelve-month period immediately prior to the date of this contract, shall be involved, in any way with the performance of this contract, without the express prior written approval of COG. 14. Approval of Subcontracts. None of the work of services to be k.-performed under this contract by the Agency shall be subcontracted without the •prior written approval of COG. if such bcontracting is authorized as herein provided, all subcontract documents shall be submitted to COG for review and approval_prior to the execution of such subcontract. Further, if requested by COG, the Agency shall provide COG with such documentation as it shall require, regarding the method the Agency used in selecting its sulocontractar. the Agency acknowledges that if the work or services to be performed under this contract is financed soley or partially through Federal funds, the selection of subcontractors is governed by regulations requiring competition between potential subcon- tractors adequate justification for sole source selection. The Agency agrees to abide by such regulations in its selection procedure. 15. Review and Coordination. To insure adequate review and evaluation of the work, and proper coordination among interested parties, COG shall be kept fully informed concerning the progress of the work and services to be performed hereunder. COG may require the Agency to meet with designated officials of • COG and the Concerned Funding Agency from time to time to review the work. Reasonable prior notice of such review meeting shall be given the Agency. 16. Reports. The Agency shall furnish COG with a quarterly progress report, (the period for which COG is required to report to the funding agency), in such form as may be specified by COG, outlining the work accomplished by • the Agency during the period of such report and the current status of the Project, including the percentage of the work which has been completed as of the end of the period covered by suh report. Such report shall be furnished within fifteen (15) days of the end of the period covered by such report. 17. Irspections. Authorized representatives of COG and the Concerned Funding Agency may at all reasonable times review and inspect the Project activities and data collected pursuant to this contract. All reports, drawings, studies specifications, estimates, maps and computation prepared by or for the Agency shall be made available to authorized representatives of COG and the Concerned Funding Agency for inspection and review at all reasonable times in the Agency's office where data are normally accumlated. Approval and acceptance of such material shall not relieve the Agency of its professional obligation to correct, at its expense, any errors found in the work. • . . _ 17 18. Maintenance of Cost Records, The Agency shall maintain all books, documents, papers, accounting records and and other evidence pertaining to costs incurred in the Project and shall make such material available at all reasonable times during the period of the contract, and for three years from the date of final payment under the contract, for inspection by COG, the Concerned Funding Agency, and if the work and services to be performed under this contract is wholly cr partially funded with Federal funds, the Comptroller General of the 'United States, or any of their duly authorized representatives. The Agency shall include the provisions of this paragraph in any subcontract executed in connection with this Project. 19. Compliance with Requirements of the Concerned Funding Agency. The .-Agency shall be bound by the applicable terms and conditions of the Grant Contract between COG and the Concerned Funding Agency, which said Grant Contract is on file in the offices of COG, a copy of which has been delivered to the Agency, and is hereby made a part of this Agreement as fully as if the same were attached hereto. 20. Data to be furnished Agency. All information, data, reports, records and maps which are existing, readily available and reasonably necessary, as determined by COG, for the performance by the Agency of the work and services required by this contract shall be furnished to the Agency without. charge by COG. COG, its agents and employees, shall fully cooperate with the Agency in the performance of the Agency's duties under this contract. 21. Rights in Documents, Materials and Data Produced. Agency agrees that all reports, drawings, studies, specifications, estimates, maps, computations and other data prepared by or for it under the terms of this contract shall be delivered to, become and remain, the property of COG and the Agency shall have the right to we same without restriction or limitation and without compensation to the other. For the purposes of this contract, "data" includes writings, sound recordings, or other graphic representations and works of a similar nature. No reports, maps cr other documents produced in whole or part under this contract shall be the subject of an application for copyright by or an behalf of the Agency cr its subcontractors. The work to be performed under this contract may be subject to certain regulations issued by the Concerned Funding Agency. Information regarding these relevant regulations may be obtained upon written request to COG. This contract does not provide for the development of systems analysis products, models, electronic data Erocessing systems, software and related services. Any development of such methods, materials, logic and systems shall be paid for by the Agency from funds not allocated to this contract as local support and shall be the property of the Agency. 22. identification of Documents. All reports, maps and other documents completed as a part of this contract shall bear on the title page of such report, map or document, the following legend: "Prepared by (insert name of Agency) under Contract with the Triangle J COG". The date (month and year) in which the document was prepared shall also be shown. *„• 18 .• 23. Interest of Agency. The Agency covenants that neither the Agency, nor anyone controlled by the Agency, controlling the Agency, or under common control with the Agency, nor their agents, employees or saboantractors, presently has an interest, nor shall acquire an interest, direct or indirect, which would conflict in any manner or degree with the performance of its service hereunder, or which would crevent, or tend to prevent, the satisfactory performance of the Agency's service hereunder in an impartial and unbiaszt3 manner. The Agency further covenants that in the performance of this contract • is any person having any such interest and employed by the Agency contemplates • taking some action which may constitute a violation of this paragraph, the Agency shall request in writing the advice of COG, and if COG shall notify the Agency in writing that the Agency's contemplated action will not constitute a •-violation hereof, then the Agency shall be authorized to take a such action without being in violation of this paragraph. 24. Interest of Members of COG and Others. No officer, member cr employee of COG, and no Public official or any local government which is affected in any way by the Project, who exercises any function or responsibilities in the review or approval of the Project Cr any component part thereof, shall participate in any decision relating to this contract which affects his personal interest or the interest of any corporation, partnership or • association in which he is directly or indirectly interested; nor shall any such • officer, member or employee of COG, or public official of any local government affected by the Project, have any interest, direct or indirect, in this contract or the proceeds arising therefrom. 25. Officials not to Benefit No member of or delegate to the Congress of the United States of America, resident Corn Commissioner or employee of the United States Government, shall be admitted to any share Cr part of this contract or to any benefits to arise herefrom. 26. Equal Employment Opportunity. (a) The Agency will not discriminate against any employee, applicant for employment or subcontractor because of race, color, religion, sex, age, or national origin. The Agency shall take affirmative action to insure that applicants are employed and subcontractors are selected, and that employees are treated during employment, without regard to their race, color, religion, sex, • age, Cr, national origin. Such action shall include, but not be limited to the following; employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training, including apprenticeship; and participation in recreational and educational activities. the Agency certifies that it presently has in effect such an affirmative action program which specifies goals, target dates to assure the implementation of such plan. The Agency agrees to post in a conspicuous place available to employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrimination clause« The Agency will in all solicitations or advertisements for subcontractors or employees placed by or on behalf of the Agency, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, or national origin. The Agency will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to subcontractors for less than $10,000.00. • 19 ti 1 (b) The Agency shall keep mach records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as COG or the Concerned Funding Agency may require. (c) The Agency agrees to comply with such rules, regulations or guidelines as COG cr the Concerned Funding Agency's compensation which are mutually agreed upon by and between COG and the Agency, shall be incorporated in written amendments to this contract. 27. Changes. COG may require changes in the work and services which the Agency is to perform hereunder. Such changes, including any increase or decrease in the amount of the Agency's compensation which are mutually agreed upon by and between COG and the Agency, shall be incorporated in written amendments to this contract. 28. Asslgnabl ity.The Agency shall not assign cr transfer all or any portion of its interest in this Agreement without the prior written approval by COG. 29. Licenses and Permits. Agency shall maintain all required licenses, permits, bonds, and insurance required for carrying out the services in Appendix A. The Agency shall notify COG immediately if any required licenses a' other permits are cancelled, suspended, or otherwise ineffective. Failure to maintain proper licenses, permits, bonds and insurance shall be a basis tar COG disallowing all ar part of payments under this contract ar far termination of this agreement for cause. 30. Insurance. If Agency uses vehicle in Milling its duties under this Agreement, Agency shall also provide evidence of automobile insurance in the minimum amount of Twenty-Five Thousand/Fifty Thousand Dollars ($25,000/ $50,000)liability insurance and Fifty Thousand Dollars ($50,000) property insurance. Failure to provide evidence of insurance shall be deemed an automatic violation of this Agreement and could therefore lead to termination of the Agreement by COG. The Agency agrees to indemnify and save harmless COG, to the extent provided by law and to the extent provided fbir by policies of insurance maintained by the Agency, for any damages to the person or property of any individual cr organization as the result of the execution of' the scope of service to be perfbrmed under this Agreement. 31. Termination of the Contract. If the Agency shall fail to fl M in a timely and proper manner its obligations under this contract; or if the Agency shall violate any of the covenants, agreements, representations ear stipulations of this contract; or if services do not meet standards as set fa�by�N.C Division of Aging; or if fiat nutrition service specifically, meals Mow the approved program menu and meet reasonable standards of nutrition, sanitation and palatability as determined by COG, COG shall give the Agency written notice specifying such failure ar violation, and giving the Agency a specified reasonable time, not less than fifteen (15) days, within which to cure ar remedy such faire cr violation. If within such specified period the Agency shall cure or remedy such failure a' violation, or shall take steps from which it is apparent that such failure a' violation will be substantially cured or remedied within a reasonable time after such period, then this contract shall not be terminated. But if the Agency shall fail within such specified period to cure a' remedy the same ar take such steps as fbresaid, then this contract shall be deemed to have tiv at the end of the of such notice. terminated effective period 20 In the event of such termination, all finished cr unfinished documents and other materials collected or produced under this contract (as more fully described in paragraph 15 hereof) shall, at the option of COG, become its property (subject to full accessibility thereto by the Agency) and the Agency shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials. Notwithstanding the foregoing, the Agency shall not be relieved of liahilitiy to COG for damages sustained by COG by virtue of any breach of this contract by the Agency.and COG may withhold any payments to the Agency for the purpose of set-uff for damages - caused by the Agency's breach, until such time as the exact amount of damages to COG from the Agency is determined. 32. Termination for Lack of Funds. In the event of prospective termination ."-due to non-receipt of funds with which to carry cut the provisions of this Contract by giving written notice to the Agency of such termination and specifying the effective date of such termination. In the event such written notice is given, all finisheii or unfinished documents and other materials as described in paragraph 15 above shall, at the option of the COG, become its property (subject to full accessibility thereto by the Agency) and the Agency • will be paid for work satisfactorily completed by the termination date according to the agreed upon unit cost reimbursement. If this Contract is terminated due to the fault of the Agency, paragraph 24 hereof relative to termination shall apply. 33. Applicable Law. This Contract shall be deemed to have been executed and performed in the State of North Carolina, and all questions of interpretation and construction shall be construed by the laws of such State. IN WITNESS WHEREOF, the Contract is executed. • AGENCY:ar &14,/ 0 11 arfor/0/55 BY: / / - C -rman or Designadr. *fficial Date TRIANGLE J COUNCIL OF GOVERNMENTS: BY: e pirectkr Date APPROVED AS TO LEGAL FORM: Counsel, Triangle J Council of Governments • • . ATTACHMENT A 21 ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES IN-BONE CHORE SERVICE 1. Location of Service Provision. This service shall be carried out for older persons in County. 2. Service Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- pensation and reimbursement paid hereunder by COG exceed the maximum of -0- Federal funds, $7,896 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service hereunder. Local match of -0- Cash and -0- In-kind resources shall be required under this contract. 4 . Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of four Dollars and eightv-five.zero one Cents ( _$4.8501 ) is agreed upon for every unit of service delivered to eligible recipients. COG will reimburse Contractor 100 % of this rate with 'IMEAMILIMstol State funds. 5. Scope of Service Units. It is agreed that Contractor will work towards delivering 1,628 hours of acceptable units of service to eligible recipients by June 30, 1989. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging, COG Board and Contractor Board. 7. Personnel. It is understood and agreed that shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. ATTACHMENT A 22 ORANGE COUNTY DEPARTMENT OF SOCIAL SERVICES Ili-HOME RESPITE CARE SERVICE 1. Location of Service Provision. This service shall be carried out for older persons in Orange County. 2. Service „Standards. The delivery of this service shall be in accordance with Standards as adopted by the N.C. Division of Aging. 3. Compensation. The Contractor and COG expressly understand and agree that in no event will the total com- pensation and reimbursement paid hereunder by COG exceed the maximum of -0- Federal funds, 03,143 State funds for the specified service and shall constitute full and complete compensation for the Contractor's service hereunder. Local match of -0- Cash and -0- In-kind resources shall be required under this contract. 4 . Reimbursement Rate Per Unit of Service. A unit cost reimbursement rate of six Dollars and seventy-one.fifty-nin Cents ( $6.7159 ) is agreed upon for every unit of service delivered to eligible recipients. COG will reimburse Contractor 100 % of this rate with State funds. 5. Scope of Service Units. It is agreed that Contractor will work towards delivering 1,957 hours of acceptable units of service to eligible recipients by June 30, 1989. 6. Changes to Reimbursement Rate or Units of Service. Any changes shall be as set forth in Section 10 of this Contract. Changes shall be subject to review by COG Advisory Council on Aging,. COG Board and Contractor Board. 7. Personnel. It is understood and agreed that shall represent the Contractor or Project Manager in the performance of this Agreement. Any change in such Project Manager shall be subject to agreement with COG for continuation of contract. • MIME CCR1NTY DOM) OF CIDDIISSICBGEM Act i Olt Agenda It No.. G-) ACTION( ASE ITEM ABSTRSCT Ageting Date: January 3, 1989 • SUBJECT: Continuation of Transportation funding of OCIM Care Project DEPRTMENT: Aging - CAT Program PLEILIC II PM YES: x ATM:MEW CS): IDWEEDDITIIDS CIDITPCT: Jerry Passmore Ext. 280 1ELEPIRDE COMER- Hillsborough - 732-B181 Chapel Hill - 9513-4501 Mebane - 227-8031 Durham - E88-7331 PURPOSE: To consider continued funding of the new OCIM Child-Teen Parent Project for temporary transportation assistance beyond January 3, 1989. BACICBMBRI.: The Orange County Commissioners approved on September 6, 1988 • to provide up to $4,000 for purchase of CAT transportation assistance from the Dept. on Aging through January 3, 1989.. OCIM' s new van for this program (due in November) is now scheduled to arrive in the Spring, 1989. Estimated total expenditures for CAT temporary transportation service through December 31st is $3, 100. Current transportation costs (driver/van) runs approximately $600 per month.. FRECOIDISPRIAT/CRICS): The Manager reconmends that the County continue to expend up to the S1t,000 appropriated for transportation. At the point that the initial appropriation is expended.,,the Department on Aging should then begin billing OCIM for transportation costs on a monthly basis. • jp. 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: JANUARY 3, 1989 SUBJECT: 1989-1994 CAPITAL. IMPROVEMENTS PLAN-MANAGEMENT STRUCTURE & PROJECT TIMETABLE DEPARTMENT: MANAGER PUBLIC HEARING YES: NO: X ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE X501 TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane 227-2031 Durham - 688-7331 PURPOSE: To present the recommended CIP Project Schedule and Management, Structure for Board approval . BACKGROUND: Separate Page • 1 . I • I RECOMMENDATION(S) : Separate Page 2 BACKGROUND: At the Board's retreat on December 10 , the staff indicated that a construction schedule for the County bond projects would be available at the Board meeting of January 3, 1989. The following report contains that schedule. A substantial amount of management time will be required in successfully developing and completing the CIP bond projects. To this end, I have established a CIF Project Management .Team. The team will consist of the following staff members: John Link, County Manager Albert Kittrell , Assistant County Manager Bill Laws (as available) , Assistant County Manager Pam Jones, Team Leader,. Purchasing and Central Services Director Ellen Liston, Finance Director . Paul Thames, County Engineer Members of this team have been meeting recently to work out a feasible construction schedule for the County's bond projects. The team took several factors into consideration when compiling this schedule. These factors include: - The relative priority of the project. - Relationship with other projects, such as the relationship of the 911 Emergency Center expansion with GIS and computer-aided dispatch. • - Timing of construction so that construction does not commence during the Winter season if significant grading or other site work is anticipated. - Acknowledgment that site acquisition, site plan approval 1 and historic district approvals will require more time. For new buildings housing more than one department , we have built in a planning phase to ensure that each department and each board or commission affected will have an opportunity to make their needs/wants known before the design is established. During this planning period we will review not only the needs of each department , but how to position County departments so as to best serve the public. Albert Kittrell , Assistant County Manager will be responsible for organizing the planning phase for each project. In addition to time built into the schedule to accommodate site plan, historic commission and other regulatory approvals, we have also built in time required for the County Commissioners to review and approve bids and contracts with major contractors for each project. 3 We must emphasize that the attached schedule is only preliminary. We must expect that some tasks will take less • time than anticipated to complete, while other tasks will . take more time than anticipated. RECOMMENDATION(S) : To assure that the CIP project schedule is successfully met, one person needs to be assigned certain management responsibilities. I have asked Pam Jones, Director of Purchasing and Central Services to assume this role and she has agreed. She will be assuming the following specific duties: 1 ) Coordinating any regulatory approval that must be obtained as each project is sited and developed. 2) Soliciting proposals from architects for each project and serving as the County's liaison with architects for the duration of the projects. 3) Prepare construction bids, facilitate final contracts and prepare all documents for Board of Commissioners approval . 4) Serve as County liaison with contractors and sub- contractors during the construction process. 5) Responsible for apprising the County Manager and CIP Project Team of project progress and/or problems that need to be addressed. In order for Pam to assume this role, I am recommending that a position of Purchasing Agent I be established in the Purchasing Department. The incumbent would be responsible for carrying out Purchasing activities as specified by Pam as well as other functions to include drafting specifications and coordinating special p'rograms such as risk management. Costs for this position for the months of February-June is $14,200. I recommend that funds come from County Commissioners' contingency Fund. Please note the proposed Preliminary Time Table as attached. FILE: CIPMGT.DOC DISK: DOCUMENTS - EGL 4 • PRELIMINARY TIMETABLE FOR COUNTY BOND PROJECTS SOUTHERN HUMAN SERVICES Planning Period January 1989 thru July 1989 Site acquisition/prepara- tion/regulatory approval April 1989 thru April 1990 • Architect selection August 1989 Plans/specs complete October 1990 Solicit and receive bids; award contracts November 1990 thru January, 1990 Construction Phase March 1991 thru February 1993 TAX AND RECORDS Planning Period January thru April 1989 Architect RFP & architect selection May 1989 thru June 1989 Plans/Specs Complete November 1989 Solicit and receive bids; award contracts January 1990 thru April 1990 Construction Phase March 1990 thru March 1992 ANIMAL SHELTER Architect RFP & January 1989 thru February architect selection 1989 Plans/Specs Complete June, 1989 Regulatory Approval. June, 1989 Solicit and receive bids; award contracts July 1989 thru September 1989 Construction Phase October 1989 thru June 1990 PUBLIC WORKS Planning Period July 1989 Architect RFP & September 1989 thru architect selection November, 1989 Plans/Specs Complete June 1990 Solicit and receive bids; award contracts August, 1990 thru November, 1990 Construction Phase March 1991 thru March 1992 5 911 CENTER Planning Period July 1990 Architect RFP & September 1990 thru architect selection November 1990 Plans/Specs Complete June 1991 Solicit and receive bids; award contracts August 1990 thru November 1991 Construction Phase December 1991 thru October 1992 cotime2.doc • 12/28/88 1 • ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 12. 1989 Action Agenda Item it 41,...3a SUBJECT: Z-5-88 STARPOINT PARTNERS - REZONING REQUEST DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Emily Crudup Extension 574 Application Vicinity Map Agency Comments Certificate of Mailing Findings of Fact 11/28/88 Draft Public Hearing Minutes 12/12/88 County Attorney Comments 12/19/88 Draft Planning Board Minutes TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331. Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider a rezoning request submitted by Starpoint Partners. BACKGROUND: The property in question is located on the west side of Smith Level Road (SR 1531) approximately 100 feet north of the intersection with U.S. Highway 15-501. It is known as lot 19B and part of lot 19 of Tax Map 120 in Chapel Hill Township. The property proposed for rezoning contains approximately 8.88 acres. The current zoning on the property is CC-3 (Community Commercial) and PW-II (Protected Watershed) . The proposed zoning is EC-5 (Existing Commercial) and PW- II (Protected Watershed) . The Joint Planning Area Land Use Plan designation of the subject property is Rural Buffer and University Lake Water Supply Watershed. Adjacent land uses include a day care center, residential, commercial and undeveloped property. The proposed rezone to EC5 is consistent with the Zoning Ordinance and JPA Land Use Plan. The property had been a designated activity node prior to adoption of the Joint Planning Area Land Use Plan in 1986. The Zoning Ordinance provides for commercial property in 2 activity nodes to be rezoned to EC5 in the event that the node is removed, however, rezoning did not occur at that time. Below is a comparison of zoning regulations for the existing and proposed districts. DIMENSIONAL REQUIREMENTS (Existing) (Proposed) CC3 EC5 min. lot area per use 2,000 sq.ft. 40,000 sq.ft. (80,000 sq. ft. for commercial use in Protected Watershed) min. lot width 20' 75' front setback 50' 35' maximum impervious surface ratio 12% 12% USES NO LONGER PERMITTED IF ZONE CHANGE IS APPROVED: Two-family dwelling Multi-family dwelling Rehabilitative care facility Hotels/Motels Residential Hotel (Class A SUP) Botanical Gardens Community Center Military Installation Parks Parking as principal use Vocational schools, colleges Governmental Facilities Assembly Facilities Clubs/Lodges Funeral Homes Kennels/Stables (Class B SUP) Massage Libraries Nightclubs 1 Offices/Services - (medium & high traffic volume with no impact beyond lot line) Postal Delivery Services Non-profit recreational facilities (Class B SUP) Repair Service (Electronic) Retail Trade (High Traffic Volume) NEW USES PERMITTED IF ZONE CHANGE APPROVED: Mobile Homes Farm Equipment and Sales Motor Vehicle Sales & Rental Outdoor Storage of Goods Storage of Warehousing inside building 3 The permitted uses, and dimensional requirements are generally more restrictive in the EC5 than in the existing CC3 district, and is found to be a preferable district within the protected watershed. The rezone is requested in order to have warehousing as a permitted use. The request for rezoning was presented at public hearing on November 28. No opposition to the request was received at that time. Draft minutes from the hearing are included with the attachments. Following the November public hearing, the Planning Director received a copy of a letter from the County Attorney which describes the need for consistency between zoning changes being considered and the Land Use Plan, with particular emphasis on existing commercial uses. This letter is included with the attachments. On December 19, the Planning Board considered the proposed rezoning and made positive findings on the criteria listed in Article 20.3.2 and Article 4.2 of the Zoning Ordinance. The Board subsequently recommended approval. Draft minutes of the December 19 meeting are attached. RECOMMENDATION: The Administration recommends approval of rezoning the property from Community Commercial-3 to Existing Commercial-5. 4 activity nodes to be rezoned to EC5 in the event that the node is removed, however, rezoning did not occur at that time. Below is a comparison of zoning regulations for the existing and proposed districts. DIMENSIONAL REQUIREMENTS (Proposed) (Existing) CC3 min. lot area per use 2,000 sq.ft. 40,000 sq.ft. (80,000 sq. ft. for commercial use in Protected Watershed) min. lot width 20' 75' front setback 50' 35' maximum impervious surface ratio 12% 12% USES NO LONGER PERMITTED IF ZONE CHANGE IS APPROVED: Two-family dwelling Multi-family dwelling Rehabilitative care facility Hotels/Motels Residential Hotel (Class A SUP) Botanical Gardens Community Center Military Installation Parks Parking as principal use Vocational schools, colleges Governmental Facilities Assembly Facilities Clubs/Lodges Funeral Homes Kennels/Stables (Class B SUP) Massage Libraries Nightclubs Offices/Services - (medium & high traffic volume with no impact beyond lot line) Postal Delivery Services Non-profit recreational facilities (Class B SUP) Repair Service (Electronic) Retail Trade (High Traffic Volume) NEW USES PERMITTED IF ZONE CHANGE APPROVED: Mobile Homes Farm Equipment and Sales Motor Vehicle Sales & Rental Outdoor Storage of Goods Storage of Warehousing inside building 0 = r"'• • • JRANGE COUNTY, NCRTH CAh,*),L. A APFLICATION FOR CHANGE OF ZONING DISTRICT . 5 Date : 1a-5-88. TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make application to change the Zanirg Atlas of Orange :ounty as hereinafter requested . 1 . The property is locbted on the west side oV zainoc US 15-501 Street/Road) between Suith Level Road and S .R .#, 1531 It is known as Lot (s) lq & 1L.77, tk N, , of Orange County Tax Hap 12 Chpc1 Fill Township . It has a frontage of 512 feet and a depth of agarsm1149feet , and contains 455,333 square feet or 10,45 ± acres . 2. It is desired and requested that the foregoing property be rezoned from CC-3 to EC-5 . Z .- The .folLowing information has been • attached . 1n_ support of the application for changing the Zoning Atlas (* - required on ell . ions) . applicat • . - - ------ - - *e. A fully dimensioned map at a tootle of not Lees then one (I) inch domt, one—hung)rid liDO) feat nor more then one VII !nth equals. .twentr 1201 Teat- ehowinv—the land which is proposed to be rezoned. • "b.*A. legal description of the land proposed to be rezoned. "c. A statement of justification addressing one or more of the folleeihr; (1) The alleged error in the Zoning Ordinance, If any, which would be corrected by the proposed amendment with a detailed explanation of such error in the Zoning Atlas and detailed reasons how the propoeed amendment will correct the error. (2) The changed or changing conditiona, if any, In the area or in the County generally, which wake the proposed amendment reasonably necessary to the promotion of the public health, safety end general. welfare. . . 133 The manner in which the proposed amendment will terry out the intent end purpose of the adopted Land Use Plan or pert thereof. 143 All ether tircumstances, factors end reason* which the applicant offers in support of the proposed amendment including:, but not Limited to, documentation from service brisnnisA (e.g. firs. Police, roecue .ent utilities agencies assuring services provision capability to the development. • d. A list of ell individuals, firms or corporatione owning property adjoining or within five hundred 1500) feet of the property sought for rezoning is attached. The list is current es of 9/23/RA . - Metal I certify that ell information furnished in this application is accurate to the best of my knowledge . !,ppticant(s) : Starpoint Partners - Address :, 121 S. Estes Drive, Suite 203 Chapel Hill, NC 27514 hone : 932-2405 ...._....-........ . REZONING REQUEST-CHECKLIST OWNER'S NAME Starpoint Partners ADDRESS J21 S Estes Drive, Suite 203, Uyipel I'll, rK 27514. Current zoning W - 3 Total number of acres {0.44 � Current land use AutawtLve repair Type of rezoning L'equested S' Proposed land use Stor.fre [acll,Iry Tax map 11 120 Block 11 191196' ,. umber of lots _ -.Proposed Water Supply: Public x Community_____. Individual Proposed Sewage Treatment: Public x I • Community _ Individual septic tank Snith bevel Rd ' Access onto state road 11 1531 Average daily traffic on the state road RD-8w (= Describe existing critical areas: Flood prone areas „Q, - _ Poorly drained areas Streams noix� Other.sensitive areas watershed LI Describe land uses in: General Area WsW*a-automotive_glatecj usg s. zoned cc-3-by Orac —Cour►tX. D-5 by Carrboro rn►mr) Adjacent parcels of land I'w density residential , meditm-density residential, and commercial properties are adjacent to subject vMmit-y— .. S a% October 5, 1988 7 Orange County Board of Commissioners Hillsborough, NC 27278 Gentlemen: We are requesting a zone change on approximately 10.45 acres of commercial property in Chapel Hill township, shown on the accompanying previously approved site plan for the existing use. The legal description of the property is Tax Map 120, Parcel 19 and Parcel 19B. The accompanying site plan indicates a line separating the subject property into different jurisdictions. We are requesting a reversion of the zoning to EC5 in all of the areas under Orange County jurisdiction. Under the existing Land Use Plan and Zoning Ordinance, when an activity node has been removed from a property with existing commercial uses (Paragraph 4 .2. 12 - 4. 4 .88) , the zoning is to revert to EC5. It is our understanding that this parcel was overlooked recently and should have already been re-classified as EC5. We' are requesting this change to correct the error. The apparent intent of the existing Land Use Plan and Zoning Ordinance, as it relates to the subject area, seems to be to lessen the potential for additional high-volume traffic flows which would be generated by some types of commercial developments. We are requesting the zone change to bring the property into alignment with the intent of the ordinance, for the purpose of operating a controlled access storage facility, which produces light traffic counts and very clean, quiet development. When the zoning is corrected, the property will then have the proper zone and permitted uses mandated by the existing planning specifications and will be in line with the intent of the ordinances. Enclosed with this letter are the supporting documents provided by the appropriate service agencies. Your prompt attention to this request is greatly appreciated. Sincerely, r/ J n L. Owens III Peter Tv. Jacob Managing Partner Starpoint Partners Enclosures • \-47,7, w i r-.4 I • • w ,� O ..e 1 i a ,. .. 0 � uaYR ■s.c K .... • \ —9 8 „re 11 w 1 . Q. — — d\l..'..•r • s• a w•K n 1r • . • • ty. .~ 9 —` .t 4. . SIV " ® .• T t • G. ........ ' 1 rw ♦ .. 1 4.• , a., t 1 •�«.•a �. K �.r A :•rte a _ _ w 'L. _ .. • ,k- 0— I ir,7 ., . -..• � /,. — . • • 0 r, + , ' ,,..� ••. �� . -_ : .w+. •to - / Y N. e >• i II r.'f yj liV` w, ac u. •s V % (� oa oc u w' .. `z- 0 t ,.„ .,(,..),.. . r,. 1..... 1 Yf -MK 4+• t.K `+d. V 6. �••••.•p .•... M.1•t 7 .. * 1 t Ilw'Y' _ 0♦ • ��...it.,`` / ti{I '�ti•M/1•t•• M •w '44: ✓ CJ a :��1• 4NI' {CL w "'�a �. . //jj//�� Iw•taK w1µ4.IC 11 ^ "c,) ./. J '�' 7erY. ir 1'8. ,.q.tty• . �'` ' �'+� V ' '''\O K f 7. • yM •a�� off, :;_4 4C7// - K I " ;- it ./. 1.� .4• -. . \ 7.t .,• 1 ..//..,... GYw 44..... i..... I/ t., 4 0. S.N■ . ..1.4.1..... III J,, V/ • .44F.. 0 • i"*". ' I . w.c.ctt.. 1 ♦ 1••Y� . L/'4M� `" -..S - +.,.. +1 �.iN 1� Y • , Z- 5-se �zOu1Jq E Q � ue5T APP(.a CAtJT: ST-LE-PO PA�'i 1Jt-�$ ' cuarZ.JJT zclbJq: Cc-3/P'W.0 P2.OFcS�P : EG-5/pW r . 5'71--.7-1- ariX° 1 ----, D - ic.•..T=;'''',Vi;-iri • .ft !to-5-tl. )L.L...., . . ' PROPERTY OWNERS AT SMITH LEVEL ROAD • . • • MAP PARCEL NAME ADDRESS . 1 120 18 /I. Marvin C. Mecham Mecham Road, Route 15, Box 341 , Smith Level Road Chapel Hill, NC 120 16-17 t/ 1.-Nancy Dollar 1704 Smith Level Road, Chapel Hill, NC . 120 19A / 5. G.I.e;Z Dail Davidson 104 Daffodil Lane Carrboro, NC - •7 ;1; 120 12A V/4-.Lam Fook Hing 101 Clark Street Apartments 1614 '..1:..,; 0 . - „ Brooklyn, NC--kr( • .-..,,.-1 127 S 1A iye-C.S. Weaver Lee-Moore Oil C0-611 Smith Level Road 9'°'f?"Air.r Chapel Hill, 5A44:1-:4 ,1■2%7, 4 ....„,..7;t1. .. •: :. -, 127 • ,--- 8-9.A, C.H.F. Watts 213- (211 W. 12th Rt.7, Box 21 '. .. I• • .I.I. t-t. 1-)::._:lierD Washington-briAr.e.. ti ......v ) i' -- 2 71 !‘F:' 127 A /---,!. 9B William-Brenner -i22-Stoneridge . '") S. 0 ;-.4.0,..c.,.7. 7.";..JO:.•..f)'-x...i.,.. ., Chapel-Hil-l-,--NC . . '..-:: A t,% r,',.-.1 . • 127 .: 10 '9- Gordon kx. Mitchell 50'4 Dogwood Drive nt. Chapel Hill, NC :: --- :.:- 127 .': 10A 1/m.Majorie H. Ferrell #3 By Pass - Chapel Hill, NC 7 .7:•.; , .! •!:- ; 127 ' 11-12 1:11.Eugene S. Sandler - 2104 TadleY .Drive y:... 11 . Chapel Hill, NC 7- . .1._ -- 127 / 13 4 .William H. Coleville 1707 Smith Level Road Chapel Hill, NC - -- _,.- . y - 127 11 BGbby-G-r-Spaugh-- Chapel-Hill,.....140. . . . . • _ . . . 128 . ' 12 -Mks—Leonard-Spar-row- Rt--7-7-Box-64B --.•.. -Chapel-Hi-IA-7-NC • . - y . .. -1 ::- .!., V.' / ' .! . 1 V - ,•i .-..--, - •-•• --- •- -.: _ 14 •:.:- 14- -7.17`. -1... t . -' .-:-. -...''0,-7 R,Li.-:::_:,!..117,..; -33'; . -• • -.- - ' --- " ---. 1 1:-.,,,) 1 .4.:,,. L.:,. L ,• -- • . i I -.4. 1 . . .. . t; i a, ;1 . .)-p.,,' ...-1-147 IL e•- 11- e 1 Zetv.1- • . . ; 1 i RMES H. NoLLAt�c7, Jr,. R_L.S. 1;: rr -: - es - 608 Airport Rood 1..E61**INkw- Chapel Will , N.C. 27514 10 (919) 942 -9401 . Beginning at an Iron Pipe, the North East Corner of that certain Tract or Parcel of land conveyed to Jean Dail Davidson by Deed recorded in Deed Book 617, at Page 159, Orange Co. Registry; And running thence fran said Point of Beginning with the North L=•ne of said Davidson Tract or Parcel N70 08 48W, 264.73' to an Iron Pipe, the North West Corner of said Davidson Tract or Parcel; Thence with the West Line of said Davidson Tract or Parcel S06 33 48E, 245.75' to an Iron Pipe in the Center Line of Booth Road; Thence N89 28 48W, 97.23 ' to an Iron Pipe; Thence S80 38 55W, 49.27' to an Iron Pipe; Thence N48 38 17W, 140.40' to a Point; Thence N48 37 06W, 195.57' to a Point; Thence N36 36 00W, 321 .00' to a Point; Thence N46 40 00W, 298.80' to a Point in the South Line of a certain Tract or Parcel of land conveyed to Lam Fook-Hing and Tse Mei by Deed redorded in Deed Book 324 Page 540, Orange Co. Registry; Thence with said line S88 51 39E, 818.12' to a Point in said line; Thence S24 36 27E, 550.76' to a Point; Thence SO4 31 12W 94.55' to a Point; Thence S28 31 12W, 46.00' .to a Point; Thence S21 31 12W, 30.00' to an Iron Pipe the South East Corner of said Davidson Tract or Parcel; Thence with said Davidson's East Line NO7 38 12E, 157.50' to the Point and Place of Beginning containing 8.68 Acres more or less; This is part of a certain Tract or Parcel as described in Deed Book 663 Page 26, Orange Co. Registry and is intended to describe•All of said Tract or Parcel that is in the Orange County Planning Jurisdiction. O • • 3 /68- • J-LIL t - -55 la_jj 11 D (•_•.os.,..moatAg'"*Ni&- i . • • October 24, 1988 Ms. Emily Crudup ASLA Planner II Orange County Planning Department 306-F Revere Road Hillsborough, N.C. 27278 RE: Proposed Rezoning at Starpoint Tax Map 120, Lot 19 (partial) Dear Ms.Crudup: Amy Parker has forwarded to me the information she received from your office concerning the requested rezoning at Starpoint. Since the property in question is already developed for commercial use and the request is being made in order to correct a County Zoning Atlas error only, we concur with the need for the rezoning from CC-3 (community commercial-3) to EC-5 (existing commercial-5) . We understand that the Protected Watershed II (PW- II) overlay designation would remain in place. Thank you for the opportunity to comment on this proposed rezoning. Sincerely, • • -- ; (AIWA—) Ann B. Weeks Senior Planner . . ABW/s xc: Amy Parker, Development Coordinator . Roy Williford, Planning Director 1 • D ni 12 • • • September 22, 1988 Mr. Peter Jacob 121 South Estes Drive/Suite 203 Chapel Hill , NC 27514 Dear Mr. Jacob: This is to state that in accordance with your description of the property located at 15-101 and Smith Level Road. This property is located in the South Orange Fire District which is served by the Carrboro Fire Department. Sincerely, Ro ert Swiger Fire Chief Town of Carrboro . RS/NF °"": r••":." D • • • inji to co- 13 MEMORANDUM TO: Mr. Peter Jacob FROM: Bobby L. Baker, Director 4'4./5: Orange County Emergency Services RE: Development at 15-501 & Smith Level Road DATE: October 6, 1988 /n response to your request , Orange County Emergency Medical Services and South Orange Rescue Squad will provide emergency medical services for your proposed development to be located on Smith Level Road and Highway 15-501 . Should you need further information, please call us at 929-8109 . 1 1 - 1 LEY PENDERGRASS Sheriff of Orange County .1-iillsborough, North Carolina, 27278 ••••••■•■•••••■•••■•■••••■••■••••■•••••■•••••• •••...••■•■■••6 14 Office Phone: Hillsborough 732-2431 Chapel Hill 942-6300 Residence Phone: 929-5535 TO: Orange County Planning De. - • FROM: Lindy Pendergrass, Sheri-... DATE: October 6, 1988 RE: Development of property at Starpoint The Orarip County Sheriff's Department can provide Law Enforcement services for the new developent.of land at Smith Level Road and U.S. 15-501 at Starpoint without any forseeable problems. We would not have to request any additional personnel or equipment to provide routine service requests. LP/jc •• • • r '••••• ' ' •-- 1 ' •• • •.' • ••••••?:. * • .47 . .. •. • •* • • • • • • .• • • •17• • • • r •. • • 6 • •• • .• • • •• 1 • • • ••• ;• • • • • • • • • Orange Water and Sewer Authority \‘' 400 Jones Ferry Road 15 OWASA I P.O. Box 366 Carrboro, NC 27510 (919) 9684421 • September 28, 1988 Mr. Peter Jacob Suite 203 121 South Estes Drive Chapel Hill, NC 27514 Dear Mr. Jacob: SUBJECT: Water and Sewer Availability Tax Map 120, Lots 19 & 19B With reference to our telephone conversation, both public water and sewer are located along Smith Level Road near its intersection with U.S. 501. However, connection and/or extensions must be made in accordance with the attached policies since these lots are located • within the •University Lake Watershed. All connections and extensions for the watershed must be approved by the Board of Directors. If you need additional information or clarification concerning water and sewer availability for the above referenced lots, please advise. With best regards, iAI/4 WZi7""ITILen, P.E. Chief Engineer vn Enc. cc: Everett Billingsley • • • An Equal Opportunity Employer 16 Orange Water and Sewer Authority 406 Jones Ferry Road OWASA F.O. Box 366 Carrboro, NC 27510 (919) 958-4421 May 1.."5, 1987 Mr. & Mrs. Bill Rogers Rt. 7, Box 694 Chapel Hill , NC 27514 Dear Mr. & Mrs. Rogers: • According to our records, Z2,819.00 in fees were paid for Village Imports in 198 . I am attaching a copy of the receipt and fee schedule showing that payment. I have also checked to see of additional fees were paid in 1984, and there were none. . If you have any questions about this I will be happy to assist you. Sincerely, R44404r. Rosa Rucker Customer Relations Supervisor • is • . • _ • • • , . • • • i . i !0 . ,....• - ./' . . • ORANGE WATER AND SEWER" AUTHORITY 17 . FEE SCHEDULE FOR MULTIDWELLING/COMMERCIAL CUSTOMERS ________• Not for Peimit Annlication • . 1 Name ,,, / _./...‘_...2 :2,rz . ....S Phone Address Service Address SI .4 Pi- .il- — e7 - •)--7 4 i7,-- . . 7 Hap Reference: Tax Map /SO Block Lot /r Subdivision Map Block Lot . . Facilities Description: Duplex Business /.. / Other,— WATER FEES . . • Availability Acreage /62.2 acre(s) x $440.00/acre =... $ , . . . I ... • • Density Meter Size*J-1. — ? zed •-- = $ 2.e.erd sr—FL, • Footage feet x $7.90/ft. • Meter & Tap • . • . . . 34.4.2_,..r. . .r ....„;.,. .,:,.,-7-mao - : : :1.• .:: ,i.„. . .- 4-t-sli e-'c-4-- -1: .03 •.111-me-ctranttur-- 44C.D3 /. = $ /,7;O 0 • . .)Vg576kYle78k;‘6dllethan ir service)• 04) .. . -_ • Sub-Total Water $ SEWER:FEES • . Availability • ' • . 1 Acreage /9 • r acre(s) x $300.00/acre = $ - 72 i.22 • . - 1 Density Meter Size* 457-b " = $ f • . . , • :. Fontage • feet x $13.00/fc. - : ' - . • , . . . i Tap. (4" tap in sewer =ain) $120.00/Tap = S / 2-0 * * c/a Sub-Total Sewer . S 1 . . Lizajzz.L.,4 • . TOTAL WATER AND SEWER FEES . • . • • .- . *Density - Based on Meter Size and Quantity . . . -'Meter Size Water Sewer Meter Size Water Sewer 5/2" 4, 3/4" $660 $450 3" $7,000 $4,200 1"- & 1-1/4" S1 .100 S750 4,, . $11,000 $7,500 • 6" $22,000 $15,000 ,-,-- 2" : , $3,500 $2,400 8" $50,000 $34,500 ' . Calculated By: APPROVED: 0.d.„.....":-/-7„._,. ,e, . 4+11(0' , - i _ . ................... . 4_uom,.!u1uuit-UIIgG/FLOOD DAMAGE PREVENTION PERMIT \'G y�,����•� �l. ` COUNTY OF ORANGE,NORTH CAROLINA STREET NAME. f144 SR;.c . °S/t'/�- � BUILDING INSPECTOR MUST BE CALLED FOR: > DATE ` f 7- d ?4 ' TOWNSHIP �l7 1. FOOTING INSPECTION: BEFORE ANY CONCRETE IS POURED. Y 2. FRAMING: BEFORE ANY WALLS OR CEILINGS ARE COVERED, TAX MAP j BLOCK y LOT 3. INSULATION: BEFORE ANY WALLS ARE COVERED. . 4, FINAL: WHEN DOORSARE-HUNG AND BUILDING COMPLETED. SU901VISION SECTION ,it LOT <..TL' THIS PERMIT is APPROVED SUBJECT TO: THE ORANGE COUNTY ZONIN+ OWNER �o - �� ��tA—k PHONE ORDINANCE. ORANGE COUNTY SUBDIVISION ORDINANCE, ORANGE COUNT' 47 ` l FLOOD DAMAGE PREVENTION ORDINANCE,THE N.C.STATE BUILDING CODI PRESENT ADD DRESS/ �`-O'7L�'`� ' THE N. C. UNIFORM RESIDENTIAL BUILDING CODE,THE N.C.BUILDING COD BUILDER t I�(Il��`I VOLUME ICE PLUMBING,AND THE NATIONAL ELECTRICAL CODE. ADDRESS Al ( ?'.G1"�?iG1 PLACARD MUST BE DISPLAYED UNTIL CONSTRUCTION IS COMPLETE AND e • 1;t:/ l:�_ �k•rr � Si � �.., is�` 0/ = VISIBLE FROM ROADWAY. ELECTRICAL CONT13AGTOf1 ADDITIONAL REQUIREMENTS, CHANGES, REMARKS, OTIiER INFORMATIO: PLUMBING CONTRACTOR '�f'�___ir � 9/J" tiEATINf.�•A C NT ,'t.-_� :+ �.t�-� .�Lc.s. L�`?YPE ���J�:Jf ti`w:-i,.:�... '`•SIC:�%.�� C�- �IJ�L%/ i"f:l•(,%�I'%l�i�I. /C O RACTOR ZONING PERMIT FEE - h PROPOSESUSE 7tC= ZONE LOTSIZE L-9 SETBACKS; FRONT w f{IGI•{T SIDE ''"� LEFT SIQE REAR ---''OUfSiDE DIMENSIONS NO.STORIES_Z �t�`u-�4��/�. 10 nb 1�-��-�-�%-`� � �`lt { cersify`tha e�fe is p lain on this ATTIC FINISHED NO.ROOMS BASEMENT SIZE A property as shown on Flood.Daman BASEMENT FINISHED FIREPLACE GARAGE Prevention Map Number 3 XO L ,\ tl> . NO.BATHS AIR COND.—FLOOR AREA-':5E THIS ZONING/FLOOD PERMIT ISSUED BY f� TYPE CONSTRUCTION ZONING©FFICR PARKING SPACES SETBACK THIS BUILDING PERMIT ISSUED BY: 't%{ ,� ,tom'•� SIGNS: SETBACK SO.FEET 14EIG1 4T BUILDING INSPECTOR ACCESSORY BUILDING TYPE CONSTRUCTION - LOCATION SIZE rZ7 11EIGHT I CERTIFY THAT THE INFORMATION PROVIDED/ON THIS PERMIT IS CORRECT PROPOSED USE• _ � WIRED ' (�l�inC� COST OF CONSTRUCTION-4-7 . ����� —FEE' J�f NEf OR AGENTy r t� ono PAID BY: CHECK I CASs-{ a�u g� f• � CHANGE VVATER-AND SEWER AUTHO . IT. Date: -Acct.N46. .. ' \.• 1•'rl- •.,y i J r-r• r.i i !.� •.r.� . 'ter•^ i "+ r f owner ! °' r• ,, , f 1. a�rcet i:•rr _ ! __ Ism wrap block f f lot ' subdivision r lot WATEd t Acreage Fee i Density F-ee S �t Front Footage Chg. S __•,gyp• t Meter & Tap Clig. $ j Total Water Chg, S j r'��•, S EWE fl: Acreage Fee $ 5f,!-,. %• Density Fee ff 'C. 4• 1 Front Footage Chg. Tap Chg. Total Sewer Clig, TOTAL PAY�+iENT :_:.' $_a:,91 , General Cont. . '. : Plurabing conl.'�iJ�t'J��P.luny 13�t�G •Ca: .. 'fieceived by: 20 oLnv.,.L Ir...../111/6? To 01/05/66 AIETER NumEER 32 c' 5574 ...z z co DAYS OF GERnE 3 s ENDING raDING 4 7 m, En. . > Z- • • BILL DATE 01/20,-J sEoli.,, E REAQING 4 Iv erA' .4 LI -J 1 ■-', CLIRREAT cHAnEs PAsT DUE AFTER 0?/10/ TOTAL USED L ill _ . < C.,. OWASA ACCOUNT NAGER SERVICE LOCATION • -..--* of, 0702001514 1S- C SMITH LEVEL F ..., ILO'I- DEscRIPTioN OF WATER AND SEWER CriARDES AMOUNT DUE 6 . = 0 . o , ,..., .... .0 0 BALANCE IN ARREARS 10. 96 .2 w 5 ' .. co gr'' I.• I WATER CHARGE • 11. 22 co .4, rn %... . u.) SEWER CHARGE 8. 86 i.r, go 1 • SERVICE INITIATION FEE 6. 00 o co Lri 'n' • - r \ \ IA .-. ...ii tC1' D ,-4 ',... 5 N -. PLEASE PAY ARREARS WITHIN 7 DAYS 0 in - co o c co 00 iii U.1 . • •AVG.COST PER DAY 0.74 1 TOTAL DUE 37.04 go N. ce I; Li CD ", ,. .1 L r.% w \ .... 1.. 0 0 0 ! :1•a -• , ....1, ' ...;A'' '. • 1131 6 4- I-.1 rU Z Ce Ce { < — en i m tO ti tg .o• i L./ 0 . < 1 ; DATES METER INFORMATION c • • La w I SERVICE FROM 01/05/88 m02/01/88 mrswiam32565574 z sT § 8 tm o ■-•• X g cizi; a w z0 8 tO i--' < II) DAYS OF SERVICE 27 ING END READING 4 0 ( l=1 (3 BH.L DATE 02/19/58 BEGINNING READING 47 CURRENT CHARGES PAST DUE MIER 03/11/6 6 TOTAL USED C OWASA ACCOUNT NUMBER SERVICE LOCATION . . • 6702001514 15-501 C. SMITH LEVEL R DESCRIPTION OP WATER AND SEWER CHARGES AMOUNT DUE WATER CHARGE . SEWER CHARGE 5. 98 , ru r,-• 14 DC ...c u) w . M Iv j • • • • , • rr) : • , . Ln ' - .. , " J a R A ., 11 ; t.- • rU < m F = og 4; 0 a I- I • - • ez: .,'-' re.•,,,i . Am COST PER DAY 0. 51 — TOTAL DUE 13. 84 'I ___ w . ... , ..• :s- 7- 5".1 1.,1'7,"` :,,• )cit.)5 . .-0:.:::. i 3.S-,-/ . . • -, ,!, •., , .. g , 1 1 ■ 6 cm -• DATES METER INFORMATION rr) gAt/ I • 7_,..r woufAou 02/01/88 To03/01/85 mETERNINEER32,565574 - ■ '... r-R 0 .., ... 4Lf DAYS OF Bumf 29 • 5"ENDING READING 0 tn: . BILL DATE 03/21/58 EEDINNINS READING 4 i.:5 a I1J CURREA,Tomas PAsT otr.AFTER 0 4/11/8 8 TOTAL USED Ao 0 = w obw...v.A:co utn RINSER SERVICE LOC.ATION 10 . - .. tu L.1.1 cp ' 0702001514 15-501 C, SMITH LEVEL .... 0 t..., L., .. 1 i ro Z . DESCRIPTION OF WATER AND SEWER CHARGES AMoure:DUE D IC \ 60 e < < - WATER CHARGE 11. 22 — — 5).1...t ll r4P"‘ 1 j . e = r4 SEWER CHARGE 1r)/ 8. 86 E.,, - v.) 8 re ce < • . P.. 4) 09 c) g )— = c I• w I X ta ° w C. .a. T % % r\.•0/- •,,k)..\. AC/ • I ° i§ S c) 6 — 0 • rt -■ „„ . E ..,v • g .... < .. AVG.COST PER DAY 0. 69 TOTAL DUE 20.08 ORANGE COUNTY PLANN:NG DEPARTMENT 21 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD FROM: ORANGE COUNTY PLANNING DEPARTMENT DATE: NOVEMBER 14, 1988 SUWECT: Z-5-88 STARPOINT PARTNERS GENERAL INFORMATION Applicant: Starooint Partners 121 S. Estes Drive, Suite 203 Chapel Hill, NC 27514 Location: West side of Smith Level Road (SR 1531 ) 100 feet north of intersection with U.S. Highway 15-501 . On the north side and adjacent to the Chatham County line. Lot size: 8. 88 acres • Existing Land Use: Automotive parts wholesale distribution. Surrounding Land Use: North - Residential and undeveloped land East - Undeveloped portion of lot in Carrboro's jurisdiction, Day Care Center, Smith Level Road, and commercial uses across Smith Level South - Booth Road and residential land use in Chatham County West - Undeveloped land Joint Planning Area Land Use Plan Designation: Rural Buffer, Water Supply Watershed 22 MEMORANDUM • Z-5-88 STARPOINT NOVEMBER 14, 1988 • PAGE 2 Zoning: The property is presently zoned Community Commercial-3 with an overlay district of Protected Watershed II. The intent of the Existing Commercial-V (EC-5) is provided in Article 4.2. 12 of the Zoning Ordinance. a) Intent The purpose of the Existing Commercial-V (EC-5) District is to provide a district to be used only during the application of zoning to previously unzoned townships to accommodate existing commercial uses or in zoned townships to previously zoned commercial property which is not located in areas designated as Activity Nodes by the adopted Land Use Plan. b) Application Criteria This district will be applied to existing commercial uses in unzoned townships and previously zoned commercial property located in areas not designated as Activity Nodes in the adopted Land Use Plan. This designation shall only be applied to property used for existing commercial at the time of application of this ordinance. 1 The following is a list of permitted uses in EC-5: • M1 Day Nursery, Daycare, Private Kindergarten H2 Single-Family dwelling w/wo efficiency apartment H5 Mobile Home dwelling H6 Family Care Home Accessory Uses P4 Bus Passenger Shelter P7 Church P10 Governmental Protective Services (Police and Fire Stations) Rescue Squads, Volunteer Fire DepartMents P2]. Schools: Dance, Art and Music P25 Water and Sanitary Sewer Pumping Stations S3 Animal Hospitals; Veterinarians S6 Banks and Financial Institutions S7 Beauty and Barber Shops S10 Farm equipment and sales S13 Greenhouses (no on premises sales) S14 Greenhouses (on premises sales) S15 Health Services: Under 10, 000 sq. ft. . I 23 MEMORANDUM , Z- -88 STARPOINT NOVEMBER 14, 1988 PAGE 3 S21 Laundry and Dry Cleaning Services S24 Motor Vehicle Maintenance and Repair (Body Shop) S25 Motor Vehicle Sales Rental (new and used) S26 Motor Vehicle Services Stations S28 Offices and Personal Services That Attract Few Customers or Clients on Premises Other Than Employees, Generate Low Traffic Volumes, Have No Adverse Impacts Beyond the Space Occupied by the Building S33 Printing and Lithography S39 Restaurants: Carry Out S40 Restaurants : Drive In S41 Restaurants : General S42 Retail Trade, Sales, & Rental of Convenience Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond Immediate Space Occupied By The Building Where: A) Operations Are Designed to Attract & Serve Few Customers Or Clients On Premises Other Than Employees Of The Principal Use. B) Low Volume Traffic Generation (0-200 Trips/Day) C) All Opetations Entirely Within A Fully Enclosed Building With No Outside Storage S43 Retail Trade, Sales, & Rental of Convenience Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond the Boundaries of Lot Where The Use Is Located. A) Medium Traffic Generation (200-300 Trips/Day) S44 Retail Trade, Sales, & Rental of Convenience Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond the Boundaries Of The Zoning District. High Volume Traffic Generation S45 Retail Trade, Sales, & Rental of Durable Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond The Immediate Space Occupied By The Building Where: A) Operations Designed To Attract & Serve Few Customers Or Clients On Premise Other Than Employees of the Principle Use. B) Low Volume Traffic Generation (0-200 Trips/Day) C) All Operations Within A Fully Enclosed Building & No Storage Or Display of Goods Outside A Fully Enclosed Building $46 Retail Trade, Sales, & Rental of Durable Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond the Boundaries of the Lot With Medium Traffic Generation (200-800 Trips/Day) No Storage Or Display Of Goods Outside A Fully Enclosed Building S50 Storage of Goods, Outdoor S51 Storage and Warehousing, inside Building S53 Wholesale Sales MEMORANDUM • Z-5-88 ST.,--.RPOINT NOVEMBER 14, 1988 PAGE 4 The following uses are allowed with a Class A Special Use Permit: P16 Public Utility Stations and Sub-stations, Switching Stations, Telephone Exchanges, Water and Sewage Treatment Plants The following uses are allowed with a Class B Special Use Permit: H7 Group Care Facility P3 Buildings; Portable P22 Transmission Lines • ORANGE COUNTY PLANNING DEPARTMENT 25 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 CERTIFICATE OF MAILING ZONING ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA I, Emily Crudun, Zoning Officer, Orange County, North • Carolina, DO HEREBY CERTIFY that on or about November 11, 1988, I mailed, by certified mail, postage prepaid, a Notice of the Public Hearing to be held on the reauest for rezoning of an 8 . 8 acre parcel in Chanel Hill Township from Community Commercial-3 to Existing Commercial-5, to each property owner as required by Article 20 Section 20. 6.3 of the Orange County Zoning Ordinance. The notice mailed specified the date, time, place and subject of the Public Hearing on the zoning classification change. WITNESS my hand, this the 15th day of November, 1988. e/612:4 EMILY CRUDUP ZONING OFFICER BILL DATE 06/211/88 ENDING READING 67 CURRENT CITARGES PAST DUE AFTER 0 7! /88 BEGINNING READING 62 OINASA•ACCDUNT NUMBER 10FAL USED 5 DATES RTC I t tt trvt•vrn.t•��tvrr (17 02 OO 1$11# SERVICE LOCATION ?RVICE TROM 07/05/88 TG Il8/©2 8 "E"NUNDER 3 2 S 6 S 57 Li DES4;nJPTI6N OF WATER AND SEWER CHARGES -5U1 r- SHIT 11 LEVEL R dAYS OF SERVICE 28 JING READING 85 WATER C 1 f A R G E BEGINNING READING 74 AMOUNT DUE BILL DATE 08/Lq/88 TOTAL USED Ill. .1; 12. �� CURRENT CIIARGESPAST PUE AFTER 09/0'1/88 SERVICE CHARGE T tiOt E LOC owASA ACCOUNT NUMBER ..1 U• 30 070 0015111 15-501 C SMITH LEVEL R ' AMOUNT DUE OESGRIPTTOIQ OF WATER AND SEWER CTtARGES 22-98 WATER CHARGE SEWER CHARGE 18. 911 11 AVG, COST PER DAY O. 7 7 ;•: "f 'j t G TOTAL Du DUE 23. 2Q 2 . L • TOTAL DUE / tI 1. 92 L. � FTM AvG.COST PER DAY t cT DATES METER INFOATION l J SERVICE FROM OL/112/88 TO 07/05/88 METER HUMBER32565 5 24 DAYS OF SERVICE 33 ENDING READING 711 BILL DATE 07/20/88 BEGINNING READING 67 CURRENT CHARGES FAST DUE AFTER 08/09/88 TOTAL USED 7 OWASA ACCOUNT NUMBER SERVICE LOCATION 07020015L4 - 1S-501 6 SHITH LEVEL R DESCRIPTION OF WATER AND SEWER CHARGES AMOUNT DUE I c) WATER CHARGE 16.26 � �'�o � 1z'� Sl t 3� �110 • SEWER CHARGE . , 13.18 � 110 t i•' r /�-ICS .,I �,c.r•��..tom. t . + AVG. COST PER DAY 0.81 TOTAL DUE 2'1(. 411 i`r.11•t'tdT' ��i�! � •t';. :tat �•',��,• �N'nn,iT :T ''I t{Z.( _... t' ...-.---.... T FINDINGS OF THE ORANGE COUNTY PLANNING BOARD PERTAINING TO APPLICATION: Z 5__88 S'T'ARPOINT PARTNERS BASED ON THE APPLICATION MATERIAL SUBMITTED, THE PLANNING STAFF RECOMMENDS THAT THERE IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS: ARTICLE 20 _ Sp C� IFIC STANDARDS FOR EVALUATION/REZONING ARTICLE 2 _ SPECIFIC STANDARDS FOR EVALU�TIONLRE20NING "Yes" indicates compliance:- "No" indicates BoOA-coOFliance PLANNING COMMISSIONERS BOARD RECOMMENDED ' FINDINGS EVIDENCE SUBMITTED TO SUPPORT FINDINGS FINDINGS Ordjnance Requirements The application must comply with all requirements specified in Article 20 - AMgA_0ments. Those requirements include: Yes 20,32 a) Map showing affected x_Y No es No Site glen provided at scale of 1"=5 0' property at scale of not less than 1`=100" nor more than 1"=20' Yes No 20.3.2 b} Legal description x_Yes No Description provided with application of property No The applicant claims that an error was Yes No 20.3.2 c) Explanation of be _x—yes made when the Joint Planning Area and alleged error, if any, Land Use Plan was adopted in October, corrected by proposed amendment 1986. At that time, the activity node at Starpoint was removed, but the property remained zoned CC-3 instead of being rezoned to EC-5. N V x_Yes No Applicant has indicated that when the Yes No 20.3.2 d) Changed conditions, _ Joint Planning Area Land Use Plan was if any, which make amendment adopted in October of 1986, the activity reasonably necessary to promote node at Starpoint was removed. public health, safety and general welfare. •x�Yes No Applicant has indicated that rezoning Yes No _ 20.3.2 e) Manner in which to EC-5 would allow for development of proposed amendment will carry uses that generate lower traffic volumes. out purpose and intent of adopted Comprehensive Plan. c� co . t AppLICATION CRITERIA ARTICLE A = DISTRICT STATy TS QF AND BOARD OF PLANNING COMMISSIONERS BOARD RECOMMENDED FINDINGS EVIDENCE SUBMITTED TO SUPPORT FINDINGS FINDING Ordinance Requirements Article 4.2 identifies the criteria which will normally be used to determine the application of a zoning district designation. The applicant has applied for an Existing Commercial-5 designation. The criteria for that district are set forth in Article 4.2.10 as follows: Yes N x The applicant has indicated that the (a) To be applied to existing _Yes NO property is no longer in an Activity commercial uses in unzoned Node. townships and previously zoned commercial property located in areas not designated by the adopted Land Use Plan as Activity Nodes. Yes T (b) This designation shall only _x_Yes No Chapel Hill Township was originally erl used zoned in 146 7. The property was be applied to property designated as General Commercial and for existing commercial at later changed to CC-3 in 1980. The the time of application of commercial use of the land was not this ordinance. established until sometime after September 1983. �� , 1 30 6 involved in the issue of water and sewer and stated she would not like to see it extended through a long process of consultation again. It is important to move on with this policy and not lose time unnecessarily. Commissioner Carey noted agreement but wished to clarify any parts of the policy as needed. Phillip Whitaker, Town Administrator for the Town of Hillsborough, noted that he would need to have the Town Board review the most current draft of the Water and Sewer Policy and expressed the desire for a thirty-day extension. He also noted that he felt it would be extremely helpful for a Commissioner as well as a Planning Staff member meet with the Town Board to clarify and answer questions as needed. Motion was made by Commissioner Wilihoit, seconded by Commissioner Hartwell to continue the public hearing on the Water and Sewer Policy until the first meeting in January to receive additional written and verbal comments. VOTE: UNANIMOUS. 2 . ZONING ATLAS AMENDMENTS a. Z-5-88 Starpoint Partners The presentation was made by Emily Crudup. The property in question is located on the west side of Smith Level Road (SR 1531) approximately 100 feet north of the intersection with US Highway 15-501. It is known as lot 19B and part of lot 19 of Tax Map 120 in Chapel Hill Township. The property proposed for rezoning contains approximately 8.88 acres. The current zoning on the property is CC-3 (Community Commercial) and PW-II (Protected Watershed) . The Joint Planning Area Land Use Plan designation of the subject property is Rural Buffer and University Lake Water Supply Watershed. Adjacent land uses include a day care center, residential, commercial and undeveloped property. The property is located in a Protected Watershed II overlay district. The current CC-3 zoning permits several uses of an intense nature which are not permitted in the proposed EC-5 zone. These uses include hotels/motels, multi-family dwellings, assembly - facilities, nightclubs, and higher impact retail trade. Rezoning to EC-5 would provide a margin of added protection for the University Lake Watershed. The rezoning, if approved, would be consistent with the Zoning Ordinance and JPA Land Use Plan since the property is no longer in an activity node. The Planning Staff recommends approval of rezoning the property from Community Commercial-3 to Existing 31 7 Commercial-5. The Planning Board will prepare a recommendation on the proposed amendment at its December 19, 1988 meeting. The Board of Commissioners will consider the proposal for decision on January 3, 1989. Commissioner Hartwell asked whet benefit this rezoning would have for the applicant. Crudup responded that there are existing commercial structures, warehouses, on the property. The use proposed by the applicant is not allowed in CC-3 but is allowed in EC-5. The rezoning would make it consistent with the Land Use Plan since the node was removed when the Joint Planning Area Land Use Plan was adopted in October 1986. Planning Board member, Steve Yuhasz, asked why the EC-5 designation was not assigned at the time the node was removed. Crudup responded that it was an oversight at the time and should have been EC-5. Yuhasz asked about buffer requirements. Crudup responded that the • landscape requirements are very similar for EC-5 and CC-3. Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to refer Z-5-88 to the Planning Board for a recommendation to be brought back to the Board of Commissioners no sooner than January 3, 1989 . VOTE: UNANIMOUS. b. Z-6-88 Dale G. Davis The presentation was made by Eddie Kirk. The property in question is located on the north side of US Highway 70 approximately 385 feet west of the intersection with Buckhorn Road (SR 1114) . The applicant, Dale G. Davis, is requesting a rezoning om Lot 9 of Tax Map 25 - Cheeks Township. The property proposed to be rezoned contains 51.712 square feet or 1.19 acres. The current zoning on the property is R-1 (Rural Residential) and PW II (Protected Watershed) . The proposed rezoning is EC-5 (Existing Commercial) and PW II (Protected Watershed) . The area is designated as 10 Ten Year Transition in the Land Use Plan. The applicant indicates that the existing use was in operation in 1984 when Cheeks Township was zoned. The existing commercial building is located on two lots and the lot line runs through the building. Only one of these lots was zoned commercial in 1984. The applicant is requesting the other lot be rezoned to allow the building to become conforming. The Planning Staff recommends approval of the proposed • COLEMAN, BERNHOLZ, 32, DICKERSON, . . • BERNUOLZ, GLEDHILL & HARGRAVE t --.= .•., a.„„ ATTORNEYS AT LAW LS 12-1 - .16,6 P.O. DRAWER 1529 • M.EC, 129 E. TRYON ST. HILLSBOROUGH, N.C. 27278 919-732.2196 919-942-8000 December 12, 1988 CHAPEL HILL OFFICE SUITE 20,FRANKLIN BUILDING 137 E.FRANKLIN STREET CHAPEL HILL,N.C.27514 919.929-7151 ALONZO B.COLEMAN.JR. STEVEN L BERNHOLZ DONALD R.DICKERSON Moses Carey, Jr. , Chair ROGER B.BERNHOLZ GEOFFREY E.GLEDHILL Stephen Halkiotis DOUGLAS HARGRAVE John Hartwell G.NICHOLAS HERMAN KIM K.STEFFAN Shirley Marshall NATHANIEL E.CLEMENT Don Willhoit MARILYN E.TOMEI Orange County Board of Commissioners Of Counsel BONNER D.SAWYER 109 Court Street (1902.1972) Post Office Box 8181 Hillsborough, North Carolina 27278 Re: Zoning Consistent with the Land Use Element of the Comprehensive Plan Dear Board Members: During your October 18, 1988 regular meeting you considered recommendations from the Planning Board and from the Administration against rezoning some par- ' eels (other than Duke University Property) in Cheeks and Eno Townships from one or more commercial designa- tion to the designation EC-5. At that meeting, advised the Board of the need to maintain consistency between the land use element of the Comprehensive Plan and the Zoning Ordinance. The Board requested more information concerning this consistency requirement and an analysis of the relationship between zoning changes being considered and the Land Use Plan. Section 20. 3.2 of the Zoning Ordinance 1 . requires any application for a zoning change to state "the manner in which the proposed Zoning Atlas. . . amendment will carry out the intent and purpose of the adopted Comprehensive Plan or part thereof. . . . " Article 4 of the Zoning Ordinance contains the permitted use regulations of the ordinance. Section 4. 2. 12 states: a) intent The purpose of the Existing Commercial-V (EC-5) District is to ! • .-- .33 _ - Board of Commissioners Page 2 December 12 , 1988 provide a district to be used only during the application of zoning to previously unzoned townships to accommodate existing commercial uses on zoned townships to previousl zoned commercial property which is not located in areas designated as Activity Nodes by the adopted Comprehensive Plan. (Emphasis not in original. ) b) Application Criteria ,n ,.. , z This district will be applied to s . existing commercial uses in unzoned ,-, townships and previously zoned ..0. ‹ commercial property located in areas ..5. , k not designated as Activity Nodes in .., ' _ • the adopted Comprehensive Plan. , o . (Emphasis not in original. ) This designation shall only be applied to = 7,. property used for existing commercial at the time of ...; .., application of this ordinance. 57: Therefore, when the land use element of the Comprehensive Plan is amended to eliminate one or more 4 activity nodes, the Zoning Ordinance requires that any 17 -...; commercially used property located in the nodes x . eliminated be zoned EC-5. •:: = 1 7 Other classifications mandated by the Zoning Ordinance in response to a Land Use Plan change are the ..4: overlay Protected Watershed Districts (Sections 4 . 2. 27' ..: .7, and 4 .2.28) and the Major Transportation District 1 x (Section 4 . 2.30) . Residential, commercial and industrial zoning classifications are, as stated by the Zoning. Ordinance , "usually applied" when property used for residential, commercial and industrial purposes is . • located within a node or area of the Land Use Plan established for those uses. See for example Section . 4 .2. 11 (General Commercial District) , Section 4. 2. 2 (Agricultural Residential District) . I have previously shared with the Board my thoughts on the underlying basis for the linkage between the Land Use Plan and the Zoning Ordinance . .,, • 1 • 34 Board of Commissioners Page 3 December 12, 1988 Enclosed are copies of the correspondence containing those thoughts. Very truly yours, AltC41 41Fiil-rey -dhill GEG/lsg Enclosures • xc: Marvin Collins\i • John M. Link, Jr. z t7c- < - a ' 2 z = • = • tc4 5 • . - • -A Gil' LA If 35 • AGENDA ITEM #9: SUBDIVISION APPLICATIONS a. Final Plats (37 Lots) (1) The Highlands - Phase III (15 Lots - Chapel Hill Township) (2) Sable Run (22 Lots - Bingham Township) AGENDA ITEM #10: MATTERS HEARD AT PUBLIC HEARING (11/28/88) a. Water/Sewer Policy (The public hearing on this item has been continued to the January 17, 1989 Board of Commissioners Meeting) b. Zoning Atlas Amendments (1) Z-5-88 Starpoint Partners Presentation by Emily Crudup. This agenda item is to consider a rezoning request submitted by Starpoint Partners. The property in question is located on the west side of Smith Level Road (SR 1531) approximately 100 feet north of the intersection with U.S. Highway 15-501. It is known as lot 19B and part - - - - - of •lot 19 of Tax- Map 120 in Chapel Hill Township. The property proposed for rezoning contains . approximately 8.88 acres. The current zoning on the property is CC-3 (Community Commercial) and PW-II (Protected Watershed) . The proposed zoning - - - - - - is EC-5 (Existing Commercial) and PW-I/ _ . _ (Protected Watershed) . - - - The Joint Planning Area Land Use Plan designation - of the subject property is Rural Buffer and University Lake Water Supply Watershed. Adjacent land uses include a day care center, residential, commercial and undeveloped property. ------- ri-1) uo 36 The proposed rezoning to EC5 is consistent with the Zoning Ordinance and JPA Land Use Plan. The property had been a designated activity node prior to adoption of the Joint Planning Area Land Use Plan in 1986. The Zoning Ordinance provides for commercial property in activity nodes to be rezoned to EC5 in the event that the node is removed, however, rezoning did not occur at that time. The permitted uses, and dimensional requirements are generally more restrictive in the EC5 than in the existing CC3 district, and is found to be a preferable district within the protected watershed. The rezoning is requested in order to have warehousing as a permitted use Crudup clarified that in a protected watershed the minimum lot size for all commercial uses is 80,000 square feet. This is a protected watershed overlay district. The request for rezoning was presented at public hearing on November 28. No opposition to the request was received at that time. The Planning Staff recommends approval of rezoning the property from Community Commercial-3 to Existing Commercial-5. Yuhasz asked why the node was taken out of the Land Use Plan. Crudup responded that it may have been for watershed protection. MOTION: Pilkey moved approval of Planning Staff's recommendation. Seconded by Best. VOTE: Unanimous. Findings of Facts (copies as attachment to these minutes) . Collins noted that the finding that is marked no should be yes regarding Article 4.2. 10b. MOTION: Best moved support of staff findings. Seconded by Eidenier. VOTE: Unanimous. (2) Z-6-88 Dale G. Davis Presentation by Eddie Kirk. _ ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 2, 1989 Action enda Item # SUBJECT: Z-6-88 DALE G. DAVIS - ZONING ATLAS AMENDMENT DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk Application Vicinity Map . Agency Comments Certificate of Mailing Finding of Fact Draft 11/28/88 Public Hearing Minutes Draft 12/19/88 Planning Board Minutes TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham. - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider a request by Dale G. Davis to amend the Orange County Zoning Atlas . BACKGROUND: The property in question is located on the north side of US Highway 70 approximately 385 feet west of the intersection with Buckhorn Road (SR 1114) . The applicant, Dale G. Davis, is requesting a rezoning on Lot 9 of Tax Map 25 - Cheeks Township. The property proposed to be rezoned contains 51.712 square feet or 1.19 acres. The current zoning on the property is R-1 (Rural Residential) and PW-II (Protected Watershed) . The proposed zoning is EC-5 (Existing Commercial) and PWII (Protected Watershed) . The area is designated as 10 Year Transition in the Land Use Plan. The applicant indicates that the existing use was in operation in 1984 when Cheeks Township was zoned. The existing commercial building is located on two lots and the lot line runs through the building. Only one of these lots was zoned commercial in 1984. The applicant is requesting the other lot be rezoned to allow the building to become conforming. 2. On December 19, 1988 the Planning Board made positive findings on the criteria listed in Article 20.3.2 and Article 4.2 of the Zoning Ordinance. The Board subsequently recommended approval. RECOMMENDATION: The Administration recommends approval of the proposed rezoning. APPLICATION i-;,R .....,lvic. OF ..,:h Nu .. S T r..CT -I . . r Cate : cr1rrYn `) ' 11 '.5 TO THE BOARD OF COUNTY C0101IS3:ONE:iS ORANGE COUNTY, NORTH CAROLINA , The undersigned do hereby make application to change the Zoning Atlas of Orange County as hereinafter requested . ' 1 . The proper:y is located on the L.r-r,, , side of4 :R:t US 90 ( Straet/Road) between S .R . t flhr1 i4 iCT and — S .R.# f crN 1a't It is known es Lot (s) Block (/- , of Orange C unty Tax Map cR5 —_101!'1\1!.S Township . It has a frontage of - . square feet or 1.141 acres . • 511112.-- 2. it is desired and requested that 'the foregoing property be rezoned .) EC -S from to . -3 .- The -fall-owing information hes. been . attached . .in_ support of the application for changing the Zoning Atlas (* - required on all applications ) ._ __ _ .... _,_ ___-------- . as. A fully dimensioned cab et- _.a suele of not lass than one 11) inch equals ono—hundred lion) feet nor more than one li) inch *ousts. twenty [2201 Test' ahowini--::1s land which is proposed to be rezoned. ab. A legal description of the tsrd proposed to be re:onad. at. A statement of Justification addressing one or more of Ohs following: (9) The alleged error in the Zoning ordinance, if any. which would be corrected by the proposed amendment with a detailed ezplsnation of such error in the Zoning Atlas end detailed resaona how the proposed emendaent will correct the error. (23 The changed or changing conditions. if any, in the area or in she County generally, which sake the proposed amendment . reasonably necessary so the procotion of the pubtic health, • safety and goners!. welfare. • . • a(3) The manner in which she proposed amendment wiLL carry out Ohs intent and purpose of the edopted Land Use• plan or part thereof. old) All other cirouustancea, factors and reasons which the applicant offers in suppOrs of the proposed emandeanO including. but not tislted to. docu_antation from service •concise [a.g. fire. police, rescue end utilities sgencies) aesuring services provision capability to the development. . d. A list of all individuals, firms or corporations owning property adjoining or within fiv: hundred 1500) fast of the property • sought for rezoning is ettacned. The liss is current as of lLrsa) I certify that -alt information furnished in this application is accurate to the best of say knowledge . A 4 Address : t Vr•'1)rr `•-, R1,-.-)e A,lls-H _,Y,1,1--,-..-.,&.F N(: c3,1 fit 2, - • Phone : ' N11' S � • ' RC�ZQNZNC ItEQUL'ST'CIII,GKLIST_ . � .t �L• ' Current zoni�tig1— - Total ntuaber of acres t Current land use_ .�� , Proposed land use -�t - � S} [ Type of rezoning Lequested °: .�r113.( . I t��lti�"l'�t(L ` t ..Proposed 14a ter Supply: Public_ ---Co munity Tax map #_�!�Dlock rt _ Number of lots Individual Proposed Sewage Treatment: Public ' Community___-___ Individual septic tank (iCCCSS onto state road (1 Average daily traffic, count on ttie state road n76uiI-bescribe existing Poorly drained areas critical areas: Flood prone areas v�• � t � • Streams Other, sensitive areas ``�,,-�•�' `�- .Describe.land uses in: General Area Gam_ (ti SI C� Adjacent parcels of land I • . r. , 5 C■ . . t-- - bRut A P. -.-\1k.1,.'-'1-1t_Ak.ct Sk \y,C.,,U \1 .(4 d L e-.. . • , (51) ad ''' g . IL IciLccl 1/41 ,r)6l.a o.Aki-o , • ,;,-,-,,i c,Amu ,,-\0.-ik C.t._ 117RS:. . -- UZI) iid3 +1-‘r-r1 . U 4 9 . LT) 0C.r•\ • 1- WO-Pc\i CI) UZ LiJA it- s Cbe.,14 ZAS1V:_3 LUAU\ 334.11 plipS/r tA wcIs AGN..08 (5-\ ICI c V1 CI 11, )C6-19 k-Ill (q g 3 .) 1 d\NU-Z. LaUJO PiL\Un C\ f1)(q..D) Un •14-)U. JeA- PIS • _ Q,CruilANO... R\ L\-\ CA SQ. p 1 • i ‘Illt i ulyculd. 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' o . -..--. - 00 I / .4 ---...---------- • -••-- • C: I, c"' I ----------- . ----L-....-.4 • .. I ..... ....;................ • . 1 • ..., .• ••••' 1- • " -• .• . a ,....,,.., ,, - ...: 1 . , • Ls . 6,4 I 4r-c2 .. 0 .... F 1 . a . ---04 32,_---- - 0. t • z 1 { --7----g-..- CD.........:: . . . k, 1 a•-s-r. . - .L I.. I % ...i. ... ... - ----------- _ .z. .. C) < I I ."..../7.v.•\., . ...............1...... % . . I I : V.,:;10••• ••• in - •- . ... . •• :I • E.- G--- . . ■0 ... 1 A A*. V•i e .* I. I 1 I "'--------------- ' • .......-------tv, ...........- I ... I • I I...._CD ..• : to I 01 I ------------------ . sl. ,--- ---- I I . ------.1 , 2 I .4 , ----------,. -, U Mr . :Eddie Kirk Orange County Planning Department 3061' Revere Road Hillsborough, N. C. 27278 Dear Mr.Kirk: In response to your request , Orange County Emergency Medical Services and Orange County Rescue Squad will provide emergency medical services for the lots located on the North side of Highway /0, west of Efland. Should you need any further information, please call us at 732-8161 for 929-8109 . Sincerely, • Bobby L. Baker, Director Orange County Emergency Services I • a COLEMAN, BERNHOLZ, DICKEPSON, BERNHOLZ, GLEDHILL cc: HARGRWE ATToRNETs AT LAW 9 P.O. DRAWER 1529 129 E. TRYON ST. HILLSBOROUGH. N.C. 27-78 939-732-2156 919-942-8000 • CHAPEL HILL OFFICE SUITE 20.FRANKLIN BUILDING 137 E.FRANKLIN STREET CHAPEL HILL,N,C.27514 919-929-715I ALOICO B.COLEMAN.JR. October 26, 1988 STEVEN A.BERNHOLZ DONALD R.DICKERSON ROGER B.BERNHOLZ GEOFFREY E.GLEDHILL DOUGLAS HARGRAVE C.NICHOLAS HERMAN KIM K.STEFFAN NATHANIEL E.CLEMENT MARILYN E.TOMCI Of CounscI Mr. Eddie Kirk BONNER D.SAWYER Planner (19C1-1972) Orange County Planning Department 306F Revere Road Hillsborough, North Carolina 27278 Re: ,Davis rezoning Request R-1 to EC-5 Dear Eddie: Is the basis for the requested rezoning a "mistake?" Was there a mistake? Very truly yours, • • G;o-L4ey E. ,ledhill GEG/lsg - — • 1 • • • • ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD 10 HILLSBOROUGH. NORTH CAROLINA :7211 CERTIFICATE OF MAILING ZONING ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA I, Eddie Kirk, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that on or about November 11, 1988, I mailed, by certified mail, postage prepaid, a Notice of the Public nearing to be held on the reauest for rezoning of a 1 . 19 acre parcel in Cheeks Townshin from Residential to Existina Commercial-5, to each property owner as required by Article 20 Section 20 . 6. 3 of the Orange County Zoning Ordinance. The notice mailed specified the date, time, place and subject of the Public Hearing on the zoning classification change. WITNESS my hand, this the 15th day of November, 1988 . eieh; EDDIE KIRK ZONING' OFFICER • • • ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH. NORTH CAROLINA 27278 • 41:\ MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD FROM: ORANGE COUNTY PLANNING DEPARTMENT DATE: NOVEMBER 16, 1988 SUBJECT: Z-6-88 DALE G. DAVIS (MEBANE MILL OUTLET) GENERAL INFORMATION APPLICANT: Dale G. Davis Route 5, Box 278-A Mebane, NC 27302 LOCATION: Located on the north side of U.S. Highway 70 approximately 385 feet west of the intersection with Buckhorn Road (SR 1114) . REQUESTED ACTION: Approval of Existing Commercial-5 (EC-5) Rezoning Request PURPOSE: To allow the Convenience Store to become conforming. - LOT SIZE: 1. 19 acres or 51,712 square feet. EXISTING LAND USE: Mebane Mill Outlet Convenience Store and Grill SURROUNDING LAND AND ZONING: NORTH - Undeveloped wooded land zoned R-1 EAST - A residential single family house SOUTH - U.S. Highway 70 and residential land WEST - The lot with the convenience store zoned NC-2 LAND USE PLAN: Designated 10-Year Transition Area in the Land Use Plan 12 • MEMORANDUM Z-6-88 DALE G. DAVIS • NOVEMBER 16, 1988 PAGE 2 ZONING: The property is presently zoned Residential-I. The intent of the Existing Commercial-V (EC-5) is provided in Article 4.2. 12 of the Zoning Ordinance. a) Intent - The purpose of the Existing Commercial-V (EC-5) District is to provide a district to be used only during the application of zoning to previously unzoned townships to accommodate existing commercial uses or in zoned townships to previously zoned commercial property which is not located in areas designated as Activity Nodes by the adopted Land Use Plan. b) Application Criteria This district will be applied to existing commercial uses in unzoned townships and previously zoned commercial property located in areas not designated as Activity Nodes in the adopted Land Use Plan. This designation shall only be applied to property used for existing commercial at the time of application of this ordinance. The following is a list of permitted uses in EC-5: H1 Day Nursery, Daycare, Private Kindergarten H2 Single-Family dwelling w/wo efficiency apartment H5 Mobile Home dwelling H6 Family Care Home Accessory Uses P4 . Bus Passenger Shelter P7 Church P10 Governmental Protective Services (Police and Fire Stations) Rescue Squads, Volunteer Fire Departments P21 Schools: Dance, Art and Music P25 Water and Sanitary Sewer Pumping Stations S3 Animal Hospitals; Veterinarians S6 Banks and Financial Institutions S7 Beauty and Barber Shops . S10 Farm equipment and sales S13 Greenhouses (no on premises sales) S14 Greenhouses (on premises sales) S15 Health Services: Under 10, 000 sq. ft. 13 MEMORANDUM Z-6-88 DALE G. DAVIS NOVEYBER 16, 1988 PAGE 3 S21 Laundry and Dry Cleaning Services S24 Motor Vehicle Maintenance and Repair Body Shop) S25 Motor Vehicle Sales Rental (new and used) S26 Motor Vehicle Services Stations S28 Offices and Personal Services That Attract Few Customers . or Clients on Premises Other Than Employees, Generate Low Traffic Volumes, Have No Adverse Impacts Beyond the Space Occupied by the Building S33 Printing and Lithography S39 Restaurants: Carry Out S40 Restaurants: Drive In S41 Restaurants: General S42 Retail Trade, Sales, & Rental of Convenience Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond Immediate Space Occupied By The Building Where: A) Operations Are Designed to Attract & Serve Few Customers Or Clients On Premises Other Than Employees Of The Principal Use. B) Low Volume Traffic Generation (0-200 Trips/Day) C) All Operations Entirely Within A Fully Enclosed Building With No Outside Storage S43 Retail Trade, Sales, & Rental of Convenience Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond the Boundaries of Lot Where The Use Is Located. A) Medium Traffic Generation (200-300 Trips/Day) S44 Retail Trade, Sales, & Rental of Convenience Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond the Boundaries Of The Zoning District. High Volume Traffic Generation S45 Retail Trade, Sales, & Rental of Durable Goods, Merchandise & Equipment Where No Adverse Impact Occur Beyond The Immediate Space Occupied By The Building Where: A) Operations Designed To Attract & Serve Few Customers Or Clients On Premise Other Than Employees ' of the Principle Use. B) Low Volume Traffic Generation (0-200 Trips/Day) C) All Operations Within A Fully Enclosed Building & No Storage Or Display of Goods Outside A Fully Enclosed Building S46 Retail Trade, Sales, & Rental of Durable Goods, Merchandise & Equipment Where No Adverse Impacts Occur • Beyond the Boundaries of the Lot With Medium Traffic Generation (200-800 Trips/Day) No Storage Or Display Of Goods Outside A Fully Enclosed Building S50 Storage of Goods, Outdoor S51 Storage and Warehousing, Inside Building S53 Wholesale Sales 14 MEMORANDUM • Z-6-88 DALE G. DAVIS NOVEMBER 16, 1988 PAGE 4 The following uses are allowed with a Class A Special Use Permit: P16 Public Utility Stations and Sub-stations, Switching Stations, Telephone Exchanges, Water and Sewage Treatment Plants The following uses are allowed with a Class B Special Use Permit: H7 Group Care Facility P3 Buildings; Portable P22 Transmission Lines FINDINGS OF THE ORANGE COUNTY PLANNING BOARD PERTAINING TO APPLICATION: Z-6-88 DALE G. DAVIS BASED ON THE APPLICATION MATERIAL SUBMITTED, THE PLANNING STAFF RECOMMENDS THAT THERE IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS: ARTICLE �0_ = SPECTFtC MNDARDS POP, EVALUATION/REZONING ARTICLE 20 SPECIFIC STANDARDS FOR EVA LUATION/REZONING "Yes" indicates compliances_ "Na° indicates N9n.9QM liance BOARD OF PLANNING BOARD COMMISSIONERS FINDINGS BASED FINDINGS ON SUBMITTED APPLICATION EVIDENCE SUBMITTED TO SUPPORT FINDINGS ordinance Requirements_ The application must comply with all requirements specified in Article 20 - Amendments. Those requirements include: 20.32 a) Map showing affected —X—Yes Na Site plan provided at scale of 1"=100' Yes No property at scale of not less than 11=10011 nor more than 1"=20' Yes No 20.3.2 b) Legal description _x Yes No Description provided with application of property Explanation of ,x Yes No An error in the zoning atlas is .alleged Yes No 20.3.2 c) Expla any, to be since this property was not zoned EC-5 alleged error, na corrected by proposed amendment in 1984. r-� to No 20.3.2 d) Changed conditions, Yes No Applicant indicates that the site Yes if any, which make amendment contains part of the building being reasonably necessary to promote used as a convenience store. public health, safety and general welfare. This area is designated 10-year . yes No 20.3.2 e) Manner in which _X—Y es No ndi transition. Applicant indicates the proposed amendment will carry amendment would be in compliance with out purpose and intent of the Land Use Plan which contemplated adopted Comprehensive Plan. EC-5 zoning for commercial uses in 1984. t—' cri ........... ...... . •r3. .0 (i i � t i c i 7 't i. .'i{, � #�,�{ti _� '1 i .� L �. 6.1�:.••{ .{ iql. :: 8� '.i. tl�' 'u:.i;- _:; • .. .'.w' •a,�i'. l '.; 1-''"�'n; �- {-�:vi•E t�•��•,;� i.. ;5. � 't�.-it,, :�• t }.•,�7Ki;..- '���'c,�=�A ;•. �..' . ;f. • ' •^,' �..f *�_' c;.�Lf�'nt�1 :ti ti;i•� :1 .•i••'fl�•nj t .a APPLICATION CB IT was= a ARTICLE 4 _ NSTRICT 3}`ATEMENTS QF INTEREST $D _ BOARD OF PLANNING BOARD COMMISSIONERS FINDINGS BASED FINDINGS. ON SUBMITTED APPLICATION EVIDENCE SUBMITTED TO SUPPORT FINDING Ordinance Requirements Article 4.2 identifies the criteria which will normally be used to determine the application of a zoning district designation. The applicant has applied for an Existing Commercial-5 EC-5) designation. The criteria for that district are set forth in Article 4.2.12 and are as follows: Yes No —X—Yes No Evidence has been submitted which (a) District will be applied indicates that this was an existing to existing commercial Commercial use in an unzoned township uses in unzoned townships prior to 1984. and previously zoned commercial property located in areas not designated as Activity Nodes in the Adopted Land Use Plan. yes Yes No —X—Yes Evidence has been submitted which (b) Designation can only be indicates that the use was in applied to property used existence at the time Cheeks Township for existing commercial at was zoned. the time of application of t-+ this ordinance. • / 8 Commercial-5. The Planning Board will prepare a recommendation on the proposed amendment at its December 19, 1988 meeting. The Board of Commissioners will consider the proposal for decision on January 3, 1989. Commissioner Hartwell asked what benefit this rezoning would have for the applicant. Crudup responded that there are existing commercial structures, warehouses, on the property. The use proposed by the applicant is not allowed in CC-3 but is allowed in EC-5 . The rezoning would make it consistent with the Land Use Plan since the node was removed when the Joint Planning Area Land Use Plan was adopted in October 1986. Planning Board member, Steve Yuhasz, asked why the EC-5 designation was not assigned at the time the node was removed. Crudup responded that it was an oversight at the time and should have been EC-5. Yuhasz asked about buffer requirements. Crudup responded that the landscape requirements are very similar for EC-5 and Motion* was made by Commissioner Hartwell, seconded by Commissioner Marshall to refer Z-5-88 to the Planning Board for a recommendation to be brought back to the Board of Commissioners no sooner than January 3, 1989 . VOTE: UNANIMOUS. b. Z-6-88 Dale G. Davis The presentation was made by Eddie Kirk. The property in question is located on the north side of US Highway 70 approximately 385 feet west of the intersection with. Buckhorn Road (SR 1114) . The applicant, Dale G. Davis, is requesting a rezoning om Lot 9 of Tax Map 25 - Cheeks Township. The property proposed to be rezoned contains 51.712 square feet or 1. 19 acres. The current zoning on the property is R-1 (Rural Residential) and PW II (Protected Watershed) . The- Proposed rezoning is EC-5 (Existing Commercial) and PW II (Protected Watershed) . • - The area is designated as 10 Ten Year Transition in the Use Plan. The applicant indicates that the - existing use was in operation in 1984 when Cheeks Township was zoned. The existing commercial building is located on two lots and the lot line runs through the building. Only one of these lots was zoned commercial in 1984 . The applicant is requesting the other lot be rezoned to allow the building to become conforming. The Planning Staff recommends approval of the proposed 19 rezoning. There were no Board or public comments. Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to refer Z-6-88 to the Planning Board for a recommendation to be brought back to the Board of Commissioners no sooner than January 3, 1989 . VOTE: UNANIMOUS. c. PD-1-88 University Station Associates - WITHDRAWN AT REQUEST OF APPLICANT 3. ZONING ORDINANCE TEXT AMENDMENTS a. Article 4 - Permitted Uses, Article 6 - Application of Dimensional Requirements, and Article 8 - Special Uses (Electrical Substations) The Presentation was made by Mary Scearbo. This amendment was proposed by the Piedmont Electric Membership Corporation and the request is to allow electric substations to be permitted by right in any zone. The Ordinance currently requires approval of a Class A Special Use Permit for all electric substations. The reason for the request is that the substation facilities are part of a larger infrastructure system for distribution of electrical power. Location is determined by need and there is little flexibility in where the facilities can be sited to meet demand. • To learn more about the construction and operation of sbustation facilities in preparation for making a • recommendation, I toured several facilities with representatives from Piedmont EMC and Duke Power. -- The Department recommendation is to permit by right Substations which reach up to 100 KV, providing that the facility meets certain requirements. . - - Scearbo provided photographs which were representative - of the size of 100KV substations. By comparison, the Eno Tie Station, located at 1-85 and US 70 receives 230KV of power and would not be permitted by right under this proposal. - - Under current regulations all electrical substations • require approval of a Class A Special Use Permit and must meet certain requirements. • It is required that a site plan, elevation and landscape plan be submitted. Standards of evaluation require that facilities in residential districts be screened where setbacks are less than 200' from property lines. Storage areas are • D [r 20 The proposed rezoning to EC5 is consistent with the Zoning Ordinance and JPA Land Use Plan. The property had been a designated activity node prior to adoption of the Joint Planning Area Land Use Plan in 1986. The Zoning Ordinance provides for commercial property in activity nodes to be rezoned to EC5 in the event that the node is removed, however, rezoning did not occur at that time. The permitted uses, and dimensional requirements are generally more restrictive in the EC5 than in the existing CC3 district, and is found to be a preferable district within the protected watershed. The rezoning is requested in order to have warehousing as a permitted use. Crudup clarified that in a protected watershed the minimum lot size for all commercial uses is 80,000 square feet. This is a protected watershed overlay district. The request for rezoning was presented at public hearing on November 28. No opposition to the request was received at that time. The Planning Staff recommends approval of rezoning the property from Community Co mmercial-3 to Existing Commercial-5. Yuhasz asked why the node was taken out of the Land Use Plan. Crudup responded that it may have been for watershed protection. MOTION: Pilkey moved approval of Planning Staff's recommendation. Seconded by Best. VOTE: Unanimous. Findings of Facts (copies as attachment to these - minutes) . - - Collins noted that the finding that is marked no should be yfta regarding Article 4.2 .10b. MOTION:- -• Best moved support of staff findings. Seconded by Eidenier. - VOTE: Unanimous. [:› (2) Z-6-88 Dale G. Davis Presentation by Eddie Kirk. Po T : 21 This agenda item is to consider a request by Dare-- G. Davis to amend the Orange County Zoning Atlas. The property in question is located on the north side of US Highway 70 approximately 385 feet west of the intersection with Buckhorn Road (SR 1114) . The applicant, Dale G. Davis, is requesting a rezoning on Lot 9 of Tax Map 25 - Cheeks Township. The property proposed to be rezoned contains 51.712 square feet or 1.19 acres. The current zoning on the property is R-1 (Rural Residential) and PW-II (Protected Watershed) . The proposed zoning is EC-5 (Existing Commercial) and PWII (Protected Watershed) . The area is designated as 10 Year Transition in the Land Use Plan. The applicant indicates that the existing use was in operation in 1984 when Cheeks Township was zoned. The existing commercial building is located on two lots and the lot line runs through the building. Only one of these lots was zoned commercial in 1984. The applicant is requesting the other lot be rezoned to allow the building to become conforming. The Planning Staff recommends approval of the proposed rezoning. Findings of Fact (an attachment to these minutes) . MOTION: Best moved positive findings as presented by Staff. Seconded by Eddleman. VOTE: Unanimous. MOTION: Lewis moved approval of the proposed rezoning. Seconded by Yuhasz. VOTE: Unanimous. c. Zoning Ordinance Text Amendments (1) Article 4 - Permitted Uses, Article 6 - Application of Dimensional Requirements, and Article 8 - Special Uses (Electrical Substations) Presentation by Marvin Collins. (Copy of the abstract an attachment to these minutes on pages ) . 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 3, 1989 Action A enda Item # SUBJECT: PROPOSED ZONING ORDINANCE AMENDMENT - ELECTRICAL SUBSTATIONS ARTICLE 4 - PERMITTED USES ARTICLE 8 - SPECIAL USES ARTICLE 6 - APPLICATION OF DIMENSIONAL REQUIREMENTS DEPARTMENT: PLANNING PUBLIC HEARING Yes xNo ATTACHMENT(S) : INFORMATION CONTACT: Mary Scearbo Proposed Ordinance Amendment Letter from Piedmont EMC dated October 18, 1988 Draft 11-28-88 Public Hearing Minutes Draft 12-19-88 Planning Board Minutes County Attorney 12-19-88 Letter David Maner 12-29-88 Letter TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider proposed amendments to Articles 4.1 (Permitted Uses) and 8.8.3 (Regulations Governing Certain Special Uses - Public Utility Substations. . . ) of the Zoning Ordinance and add a new Article 6.16.18 (Additional Requirements for Certain Permitted Uses [New] ) . This item was presented at public hearing on November 28, 1988. BACKGROUND: The proposed amendments would permit, by right, electric substations, switching stations, metering points and related transmission lines where such facilities receive no more than 100 kilovolts (kv) of electric power. All such uses currently require a Class A Special Use Permit. These types of facilities are part of the larger system of infrastructure for distribution of 2 electrical power. As demand grows, additional facilities are required. The location of facilities is based on need and there is limited flexibility as to where the facilities are sited. For this reason, it is recommended that certain substations be permitted by right in all zones, with restrictions and requirements as indicated in the attached amendment. Current Requirements Currently, electric substations require approval of a Class A Special Use Permit. Article 8.8.3 indicates additional information that must be supplied with the Special Use Permit applications, and standards by which the project is evaluated. Additional requirements include Site Plan, Elevations, and a Landscape Plan. Evaluation standards include the following: - Where in a residential district, any buildings shall have a suitable appearance, or be screened. - Screening is required where building setbacks from private roads or property lines are less than 200' . - Outside storage areas are fenced and screened. The site is of sufficient size for the proposed use and sewage disposal system. These standards are only marginally applicable to substations because there are no "buildings" , storage areas, or sewage disposal systems normally associated with the substation facility. Proposed Requirements It is proposed that electric substations receiving up to 100 kv be permitted by right in all districts with the following special restrictions: 1. Perimeter fencing in accordance with the National Electric Code. The code requires fencing around the structure itself for safety purposes. 2. The components of the facility shall be contained within a geometric area not to exceed 12,000 square feet ( .27 acres) . The facility is not a "building" . This is proposed as a means to measure size in lieu of the standard square footage of floor area. 3 3. The parcel or easement on which the facility is located shall contain a minimum of 5000 square feet and shall be recorded. In most cases, the parcel or easement will be several acres, with the structure itself constituting a small portion (12,000 sq. ft. maximum) . The perimeter fencing alone may encompass 1-2 acres. That area is needed to maneuver equipment and machinery during construction. 4. Access easements shall have a minimum width of 30' . 5. A Type E Landscape Buffer is required along any portion of the parcel or easement which is located adjacent to a residential district. The Type E Buffer requires evergreen vegetation, opaque to a height of 25' and semi-opaque to a height of 30' . Landscaping is not required where the parcel or easement is located adjacent to another parcel or easement owned or leased by an electric public utility. In some cases, separate facilities must be linked together. For example, switching or metering stations, such as one proposed adjacent to the Eno Tie Station on Highway 70/1-85, consist of two components, one owned by the supplier (i.e. CP&L) and the other by the buyer (i.e. Piedmont EMC) . 6. Modification of existing facilities shall conform to the above requirements. As indicated previously, the existing ordinance provisions are, only marginally suitable. The proposed revisions would establish specific, standards for the installation of electric substations with a capacity of 100 kv or less. Because of their specificlity, the standards would be more restrictive. The Ordinance Review Committee recommended approval of the amendment with the maximum structure size being 8000 square feet. Piedmont EMC had originally indicated that 8000 square feet would be a sufficient area, but later requested that a total structure area of 12,000 square feet be permitted, with all other conditions remaining. The proposed amendment was presented for public hearing on November 28. There were no comments from the public other than those of the applicant - A I 4 • expressing support of the amendment. At its December 19, 1988 meeting, the Planning Board considered the proposed amendments as well as a letter from the County Attorney concerning the distinction between uses permitted by right and special uses (see attached letter) . The Planning Board recommended approval of the proposed amendments as presented at public hearing. RECOMMENDATION: The Administration recommends approval of the proposed amendment per the Planning Board's recommendation. 5 PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 4. 1 PERMITTED USES ARTICLE 8.8.3 REGULATIONS GOVERNING CERTAIN SPECIAL USES - PUBLIC UTILITY SUBSTATIONS. . . • ARTICLE 6. 16. 18 ADDITIONAL REQUIREMENTS FOR CERTAIN PERMITTED USES (NEW) ORIGIN OF AMENDMENT: Staff Planning Board BOCC x Public Other: STAFF PRIORITY RECOMMENDATION: x High Middle Low Comment: EXPECTED PUBLIC HEARING DATE: November 28, 1988 PURPOSE OF AMENDMENT: To amend Articles 4.1 and 8.8.3 of the Zoning Ordinance and add a new Article 6.16.18. The proposed amendment would add • certain electrical substations, metering, and switching stations to the list of uses permitted by right in any zone and to add design standards applicable to the installation of such facilities. IMPACTS/ISSUES: The proposed amendments would permit, by right, electric substations, switching stations, metering points, and related transmission lines where such facilities receive no more than 100 kilovolts (kv) of electric power. All, such uses currently require a-Cliss A Special Use Permit. The amendments would also add: design standards applicable to such facilities, including fencing and setback requirements, area restrictions, and landscape/buffer provisions. EXISTING ORDINANCE PROVISIONS: • Article 8.8.3 (Regulations Governing Certain Special Uses) ' Public Utility Stations and Substations, Water Treatment, Sewaoe Treatment, Plant, Switching Stations, Telephone --- Exchanges (Class A Special, Use), • -Article 8.8.3.1 ' Additional Information • In addition to the information required by Subsections • 8.2 and 8.8, the following shall be submitted as part of the application: 6 a) A site plan showing all existing or proposed buildings, storage areas, parking and access areas, topography at a contour interval of five feet, any officially designated floodplains or alluvial soils. b) Plans and elevations for all proposed structures and descriptions of the color and nature of all exterior materials. c) Landscape plan, at the same scale as the site plan showing existing and proposed trees, shrubs, ground cover and other landscape material. Article 8.8.3.2 Standards of Evaluation The following standards shall be used in deciding upon an application for approval of these Special Uses: a) Where a building is involved and it is proposed to be located in a residentially zoned district, it shall have the appearance suitable for a residential district, or it shall be screened from adjacent residential land. b) Where buildings are set back from road rights of way or from private property lines by a distance of 200' screening will not be required. c) All outside storage areas are fenced and screened from adjacent residentially developed areas. d) The site is of adequate size for the sewage disposal system proposed and for the proposed use. PROPOSED ORDINANCE PROVISIONS: Article 4.1 Establishment .Q . Regulations - - - - • -- Except as otherwise provided herein, regulations governing the use of land and structures are hereby . established as shown in the Schedule of Permitted - Uses. Uses not expressly permitted are prohibited.- • • - - - Within all districts there are certain uses that are •_ . permitted as a matter of right. The uses are: • Above ground and buried utility lines for local • distribution of electricity, telephone, and • cable television service, accessory and appurtenant apparatus such as poles, guy wires, transformers and switching boxes. 7 2. Bona fide farms. 3. Buildings and other temporary structures used in connection with the construction of a permanent building. 4. Neighborhood utility facilities located within a public right of way with the permission of the owner of the right of way (State, City or Town) . 5. Off street parking as a required accessory use to a permitted use. 6. Public and private streets and roads. Railroad rights of way. 7. Water and sanitary sewer lines, gas and liquid fuel distribution lines. S. Telephone exchanges (without business offices) , subscriber loop huts, pressure regulator stations, water and sanitary sewer pumping stations. (See Article 6.16.12) . 9. Electrical substations, switching and metering stations, and associated transmission lines, where incoming voltaae does not exceed 100 kilovolts (kv) . L See Article 6. 16. 18) • Article 6.16.18 (Additional Requirements for Certain Permitted Uses) ,6. 16.18 Electrical substations, switching and neterina stations, and associated transmission lines, where incomina voltaae does not exceed 100 kilovolts jkv) . The following restrictions shall be to applied . to the above uses in all zoning districts: - - - Al Perimeter fencing and setbacks for the - - utility structure shall-be provided in accordance with the National Electrical Safety Code. _ . components of the facility, - including but not limited to towers, transformers, circuit breakers, metering devices, and supporting latticework, •- shall be contained within a geometric area not to exceed 12,000 sauare feet. - - 8 gl The facility shall be located on a Parcel or easement across the parcel, (whether owned or leased hy the utility) which has been recorded with the Oranae County Register of Deeds., di Access easements extending from an approved public, or private road to the facility shall be a minimum width of an feet. A Type E Landscape Buffer shall be provided along Any portion of the perimeter of the parcel, easement, or leasehold located adjacent to property zoned for residential use, except, where, such property is owned, leased or consists of other utility, easements for, current or future use providing electricalsservice. Existing veaetation, within an easement, leasehold or parcel of a Public utility may be used to satisfy the landscaping requirements... fa Modification to or replacement of existing facilities shall be subject to the requirements set forth in Article, 6. 16.18. Pre-existing facilities may remain during construction of replacement facilities, but shall be dismantled after the replacement facility is j , gl The parcel, or easement across parcel, (whether owned or leased hy the utility) on which the facility is located shall contain a minimum area of 5000 sauare feet. . . . _ _ Article_ 8.8.3 (Regulations Governing Certain Permitted Uses) Public Utility Stations and Substations, including - electric substations,, metering, and switching stationi . receiving more than 100 kilovolts tkv) of electricity - - - • Water Treatment, Sewage Treatment Plant, -Sw1-1.4m-h±m7 Sat-Lens, Telephone Exchanges (Class A Special Use) ----- Article 8:8.3.1 Additional Information • (See "Existing Ordinance Provisions" ) ******************************* 9 . . ... — ORDINANCE REVIEW SUBCOMMITTEE: October 12, 1988 PLANNING BOARD REVIEW: October 17, 1988 , BOCC REVIEW: I I i 1 __ I I - I - I _ 1 . — I _ - t _ _ . - I ' • , • - . • • , CHESHIRE 6 PARKER • ATTORNEYS AT LAsx, • 100 14.*CHI'RTON STRE LT • F.0.BoX Ig:No D_MICKAEL PARKER HILLSBOROUGH.N.C.27278 H. H. "--..N.AHAv. .:- R.ICK st:TLER. Lt-t 1. S CHESH;rm. r:RE:,. ARL CODE OM 73:2 F141 • October 18, 1988 Mr. Geoffrey E. Gledhill Coleman, Bernholz, Dickerson, Bernholz, Gledhill & Hargrave • PO Drawer 1529 . 129 E. Tryon Street Hillsborough, NC 27278 Dear Geoff: Re: Piedmont EMC Zoning Ordinance Amendment I want to again thank you for the efforts of not only yourself, but John Link, Marvin Collins and Mary Scearbo for the proposed ordinance. amendment on behalf of Piedmont Electric. We have reviewed this at some length and feel that it is very reasonable and something that will allow for our plans not only in the immediate future, but for several years down the road. I did call Mary Scearbo on, Monday, October 17th, with one suggested change, that being in Section 6.16.18 (h) , that the geometric area be expanded to 12,000 square. feet. The existing substations we have do not exceed 8,000 square feet, however, we would like to have some flexibility since down the road we can foresee the necessity for going up to approximately i acre. I hope this will not be a problem. . I• . would also like to clarify Section_6..16.18 (d) ; I believe-- -- I understand the purpose of the minimum width of 20 feet for an access easement to provide for what amounts to an exception to the subdivision ordinance. it might be prudent to change the wording of that section to read as follows: • . . _ -- Access easements extending from an approved private- , • • road or 'public road to the facility shall be a minimum . . . width of twenty (20) feet, rather than the required •-• minimum width of fifty (50) feet under the Oranae • . . County Subdivision Regulations " -- • • . • . . „ . _ - - • . . _ . have added the words public road to include that accession . %, _.where-the access easement might extend directly from the public highways.„...: .I .have added the phrase at the end to clarify what I -• believe was the intent of the Planning Department. I might also ask you if, in fact, that is their intent, whether or not we need to make some amendment to the subdivision regulations to provide for that in those townships that are not zoned. From a practical • • 11 • Mr. Geoffrey E. Gledhill October 18 , 1988 Page Two viewpoint, I feel confident that Orange County will see fit. to zone both Little River and Cedar Grove prior to the time that - Piedmont would need to build any further substations in either of those townships. The newest substation, as you know, has been located in Little River township and it was designed to meet the needs of Piedmont customers for a generation to come. However, growth sometimes has a way of making things obsolete much before their expected lifespan. I would appreciate any thoughts that you might have along this line. Again, we are very much pleased with the proposed ordinance amendment. I have discussed the amendment with officials at Duke Power Company, including Wallace Gregory with their legal department, and David Maner, the District Manager in Chapel Hill, and both seem to be very well satisfied with the provisions of the ordinance. With best regards, I am, YouTylvety/tru;11: • . /./. /47 t•-"- T. Michael Parker DMP/cal pc: Mr. W. Wallace Gregory, Jr. • Mr. Earl J. Ross • • . _ _ - • - . . •.• .. • _ ,•: . „ • • _ - • - - • •• • - - - • • - _ • • • • • rezoning. 1 There were no Board or public comments. Motion was made by Commissioner Hartwell, seconded by Commissioner Marshall to refer Z-6-88 to the Planning Board for a recommendation to be brought back to the Board of Commissioners no sooner than January 3, 1989 . VOTE: UNANIMOUS. c. PD-1-88 University Station Associates - WITHDRLWN AT REQUEST OF APPLICANT 3. ZONING ORDINANCE TEXT AMENDMENTS a. Article 4 - Permitted Uses, Article 6 - Application of • Dimensional Requirements, and Article 8 - Special Uses (Electrical Substations) The Presentation was made by Mary Scearba. This amendment was proposed by the Piedmont Electric Membership Corporation and the request is to allow electric substations to be permitted by right in any zone. The Ordinance currently requires approval of a Class A Special Use Permit for all electric substations. The reason for the request is that the substation facilities are part of a larger infrastructure system for distribution of electrical power. Location is determined by need and there is little flexibility in where the facilities can be sited to meet demand. To learn more about the construction and operation of sbustation facilities in preparation for making a recommendation, i toured several facilities with representatives from Piedmont EMC and Duke Power. The Department recommendation is to permit by right substations which reach up to 100 KV, providing that the facility meets certain requirements. - - - Scearbo provided photographs which were representative of the size of 100KV substations. By comparison, the . _ Eno Tie Station, located at 1-85 and US 70 receives 230KV of power and would not be permitted by right under this proposal.' • Under current regulations all electrical substations-- require approval of a Class A Special Use Permit and • must meet certain requirements. It is required that'a site plan, elevation and landscape plan be submitted. • Standards of evaluation require that facilities in residential districts be screened where setbacks are less than 200' from property lines. Storage areas are _tr T If 13 • also to be fenced and screened and the site must be of sufficient size for any proposed sewage disposal system. Requirements relating to sewage disposal and storage areas do no apply to substations. The only applicable requirements relate to landscaping. Although it is recommended that the use be permitted by right, there are also additional standards and criteria which are proposed which are more stringent and specific than those currently required to obtain a Special Use Permit. Scearbo summarized those conditions as follows: 1) Perimeter fencing around the structure in accordance with the National Electrical Code 2) The components of the structure itself shall be contained within an area not to exceed 12, 000 sq. ft. or .27 acres 3) The easement or parcel on which the facility is located must be at least 5000 sq. ft. though in most cases it will be at least several acres. 4) Access easements shall be at least 30' in width 5) A Type E landscape buffer is required along any portion of the easement or parcel adjacent to a • residential district, except where it's adjacent to another parcel or easement owned or leased by a public electric utility. A Type E buffer requires • evergreen vegetation, opaque to a height of 25' and • semi-opaque of 30' . This can generally be met by • existing vegetation. 6) Any modification of existing facilities is subject to these same requirements. The Ordinance Review Committee considered the amendment and recommended approval with one exception. The - maximum size of the structure was originally-proposed to - — - be 8000 sq. ft. Piedmont EMC later requested that it be increased to 12,000 sq. ft. Best noted that the issue was not just substations but also transmission lines, which could include all easements. Scearbo responded that transmission lines - themselves are permitted by right through the list of permitted uses in the Zoning Ordinance. Concern was expressed by Commissioner Wilihoit that attention should focus on screening which could be provided by terrain rather than relying on landscaping. im I [A Commissioner Marshall agreed with Commissioner Wilihoit and added that a substation is an obtrusive use and impacts are different in every case. She noted that she felt this is a logical use for which to require a Special Use Permit. Mike Parker, Counsel for Piedmont EMC, noted that the lines leading into the substations at the present time are all served by wooden poles and not tower structures . He noted that the proposed amendment would meet the needs of the power companies for substations in Orange County. He also noted that the Little River Substation, the most recently constructed by Piedmont, is an excellent example of how substations can be constructed • and screened so that they do not interfere with surrounding communities. He stated that the proposed amendment is one that has been agreed upon by Piedmont and the Planning Staff with the aid of the County Manager and County Attorney. There were no public comments. Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioners no sooner than January 3, 1989. VOTE: UNANIMOUS. b. Article 9 - Permitted Signs (Industrial Development Signs) The presentation was made by Eddie Kirk. A proposal was submitted by the Meadowlands to amend signage requirements in the I-1 Industrial Zone. The requested changes pertain to signs permitted in the - - Major Transportation Corridor, sign setbacks and square footage, and the addition of a provision for entrance • signs to industrial developments. • The requests were reviewed by- the Planning Staff- and • - _ _ Ordinance Review Committee and recommendations are provided. •, The requested change is to increase the maximum number - - of signs, allowed in.the Major. Transportation Corridor _ - from 2 to 4, or increase the square footage permitted- • for directional signs. from 4_to 9 square feet. • This increase from 2 to 4 signi' in the Major Transportation Corridor appears to be excessive based on other ordinances in nearby counties. The increase in size for directional signs is also excessive Wake County allows a 4 square foot directional sign and Durham .02.0.0,......................-...............-_---- _ . . , I • COLEMAN, BERNHOLZ, DICKERSON, 15 BERNHOLZ, GLEDHILL & HARGRAVE MIMI U 1 ATTORNEYS AT LAW Mee.- P.O. DRAWER 1529 129 E. TRYON ST. December 19 , 1988 HILLSBOROUGH, N.C. 27278 m9.942-80(m m9-732.2196 Mr. Marvin Collins CHAPEL HIU.OFFICE SUITE 20,FRANKLIN BUILDING Director 137 E.FRANKLIN STREET Orange County Planning Department CHAPEL HILL,N.C.27514 919-920.7151 306F Revere Road ammacazmui,m. Hillsborough, North Carolina 27278 STEVEN A.BERNHOI2 DONALD ft.DICKERSON ROGER B.BERNHOLZ Re: Electrical Substations - Proposed GEOFFREY L GLEDHILL Zoning Amendments DOUGLAS HARGRAVE C.NICHOLAS HERMAN KIM K.STEFFAN Dear Marvin: NATHANIEL E.CLEMENT MARILYN E.TOMEI This letter is intended to make the point to Of Counsel BONNER D.SAWYER the staff, to the Planning Board and to the members of (19024972) the Board of County Commissioners that the proposed i . concept for handling electrical substations differs only procedurally from the method now existing. That is, electrical substations are special uses presently. They are proposed to be permitted uses with ordained conditions. The principle difference between the two concepts is that a special use requires an application and a quasi-judicial hearing during which facts must be found and an order issued. Permitting these uses as a matter of right subject to the requirement that they meet certain conditions eliminates the need for the application, the hearing and the order. There is no other material difference between these two methods. For that reason, it seems to me the permitted use with required conditions is preferable. Concerns about compatibility between electrical substations and other land uses can best be addressed by more or different conditions if there is a concern that the conditions recommended will not adequately protect the health, safety and welfare. Very truly yours, , 45,24/ ey . Gledhill ' GEG/lsg xc: Moses Carey, Jr. , hair Stephen Halkioti: John Hartwell . Shirley E. Marshall Don Willhoit John M. Link, Jr. 1 I Duke Power Company (919)967-8231 P.O.Box 2000 Chapel Hill,PIC 27515 • 16 12-2146 PAW:- idAIWA ammo I DUKE POWER December 28, 1988 Mr. Moses Carey Chairman Orange County Commissioners 102 Warren Court Chapel Hill, NC 27514 Dear Moses, At the January 3, 1989 County Commissioner' s meeting you will be considering the Planning Board's recommendation that electrical substations up to a certain size, (12,000 square feet of structural area and 100 kilowatts) , be considered a permitted use. Presently they are special uses requiring a Class A Special Use Permit. I urge you to support the Planning Board's recommendation to make the proposed zoning amendments. The current ordinances place an unnecessary burden upon both the electric utility attempting to locate a substation and. County Government, including the Commissioners who must receive information, hold public hearings and decide if the substation is a permitted use for a particular piece of property. A substation is a necessary facility if an electric utility is to provide Orange County with a reliable source of electricity. Siting requirements are quite restrictive since it must be placed in a "load center". It's location cannot vary much at all. The utility does not determine where that "load center" is, growth patterns within the county do that for us. Therefore there is not much leeway as to where a substation should be sited. County Attorney Geoffrey Gladhill stated it best in his December 19, 1988 letter to Planning Director Marvin Collins. There he indicates his belief that the permitted use with required conditions is preferable. This would recognize and allow substations to be sited within Orange County as a matter of right, but attach conditions that would ensure the health, safety and welfare of the public is • protected. I agree. It is ultimately in the public's best interest to make the siting process, as simple and quick as possible, but at the same time requiring certain conditions such as adherence with National Electric Code, buffers, screening, size, access, etc. . . 7 Thank you for your consideration of this matter. I hope you agree that the proposed zoning ordinance amendments will improve the substation siting process within Orange County. Your vote to support this challenge would be appreciated. Sincerely, David H. Maner District Manager DHM:lcs Attachment cc: Moses Carey, Jr. Stephen Halkiotis John Hartwell Shirley Marshall John M. Link, Jr, Marvin Collins Geoffrey E. Gladhill • 1.1 12 1 T r-1 I 18 _ - This agenda item is to consider a request by Dere"- G. Davis to amend the Orange County Zoning Atlas . The property in question is located on the north side of US Highway 70 approximately 385 feet west of the intersection with Buckhorn Road (SR 1114) . The applicant, Dale G. Davis, is requesting a rezoning on Lot 9 of Tax Map 25 - Cheeks Township. The property proposed to be rezoned contains 51.712 square feet or 1.19 acres. The current zoning on the property is R-1 (Rural Residential) and PW-II (Protected Watershed) . The proposed zoning is EC-5 (Existing Commercial) and PWII (Protected Watershed) . The area is designated as 10 Year Transition in the Land Use Plan. The applicant indicates that the existing use was in operation in 1984 when Cheeks Township was zoned. The existing commercial building is located on two lots and the lot line runs through the building. Only one of these lots was zoned commercial in 1984. The applicant is requesting the other lot be rezoned to allow the building to become conforming. I The Planning Staff recommends approval of the proposed rezoning. Findings of Fact (an attachment to these minutes) . MOTION: Best moved positive findings as presented by Staff. Seconded by Eddleman. VOTE: Unanimous. MOTION: Lewis moved approval of the proposed rezoning. Seconded by Yuhasz. VOTE: Unanimous. c. Zoning Ordinance Text Amendments E:› (1) Article 4 - Permitted Uses, Article 6 - Application of Dimensional Requirements, and Article 8 - Special Uses (Electrical Substations) Presentation by Marvin Collins. (Copy of the abstract an attachment to these minutes on pages ) • 1 19 Collins noted that the comments at the public hearing were primarily from the Commissioners and focused on screening; whether or not it could be provided by the terrain rather than relying on landscaping. Commissioner Marshall stated that a substation is an obtrusive use and that the impacts are different in every case. She felt that this is a logical use for which to continue to require a Special Use Permit. Collins referenced a letter received to day from the County Attorney indicating that there are two ways to handle such facilities. Permitting these uses as a matter of right subject to the requirement that they meet certain conditions or the Special Use procedure, which we have now, which requires an application, a public hearing and the issuance of an order for the permit. The County Attorney indicates that he feels to permit the use by right with required conditions is preferable. Concerns about compatibility between electrical substations and other land uses can best be addressed by more or different conditions if there is a concern that the conditions recommended will not adequately protect the health, safety and welfare. The Planning Staff is recommending that the proposed ordinance amendment be approved. Best asked if the "required" conditions are included in the Ordinance and Collins responded yes. Best continued asking if conditions could be added through a public hearing and the response was yes. Best noted that since each case is different, he felt it would be preferable to retain the Special Use Permit process and attach conditions to each case as applicable. Yuhasz indicated he felt the conditions contained in the proposed ordinance amendment cover the requirements that one would expect to attach to such a use and that he felt it was the concensus of the Ordinance Review Committee that there was no point to putting each one through the public hearing process. Best asked if the Ordinance Review Committee had reviewed 8,000 sq. ft. or 12,000 sq. ft. Collins responded that they had reviewed 8,000 sq. ft. When Piedmont Electric reviewed the amendment, they indicated that 12,000 sq. ft. would more adequately address the needs they could have for 20 • a tie station. Yuhasz responded that the Ordinance Review Committee reviewed the figure suggested to them; he did not feel that the Committee would have acted any differently if 12,000 sq. ft. had been suggested. MOTION: Yuhasz moved approval as recommended by the Planning Staff. Seconded by Eidenier. VOTE: 7 in favor. 3 opposed (Eddleman, Pilkey, Best - all preferred • the public hearing process) . (2). Article 9 -Signs (Permitted Signs - Commercial/Industrial Development) The public hearing on this item has been continued to the January 3, 1989 Board of Commissioners Meeting. ) (3) Article 4 - Permitted Uses, Article 8 - Special Uses, and Article 22 - Definitions (Day Care Facilities) Presentation by Marvin Collins. (Abstract an attachment to these minutes on pages ) . Collins addressed the two questions asked at the public hearing and reviewed them as included on the attached abstract. d. Subdivision Regulations Text Amendments (1) Section III (New) - Application and Approval Procedures (2) Section V (New) - Specifications for Plat Drawings (3) Section IV-B-10 - Cluster Developments (4) Section III-C (Existing) - Procedure for Review and Approval of Minor Plats e. Flood Prevention Ordinance Amendments (1) Article 2 - Definitions ( "Lowest Floor" ) and Article 4 - Provisions for Flood 1 1 • ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 2, 1989 Action Agpnda Item 4 Ci-440 SUBJECT: PROPOSED ZONING ORDINANCE AMENDMENT - DAY CARE FACILITIES DEPARTMENT: Planning PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: Proposed Ordinance Amendment Planning Director - Extension 346 Child Care Network Comments Draft 11/28/88 Public Hearing TELEPHONE NUMBERS: Minutes Hillsborough - 732-8181 Draft 12/19/88 Planning Board Durham - 688-7331 Minutes Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To consider proposed Zoning Ordinance text amendments which would revise existing provisions applicable to day care facilities to be consistent with State licensing requirements. This matter was presented at public hearing on November 28, 1988. BACKGROUND: Day care, day nursery, and kindergarten facilities of all types are currently permitted in residential zoning districts upon approval of a Class B Special Use Permit. In commercial and office zoning districts, such facilities are permitted by right. It has been brought to the attention of the Planning Department that erroneous information was provided to the Child Care Networks 4-1/2 years ago. The information provided indicated that no permits of any kind were required for such facilities. For this reason, permits have not been obtained by those facilities within Orange County's jurisdiction. Another concern identified by staff of Child Care Networks is the inconsistency between State licensing requirements and the permit requirements of Orange County. The State requires that day care facilities of a certain size and operating certain hours be licensed, whereas Orange County requires that all such facilities in residential areas be required to obtain a Class B Special Use Permit. The staff of Child Care Networks has recommended that Orange County's zoning provisions 2 be amended to be consistent with the State licensing requirements. The proposed amendments incorporate the definitions of "day care" and "day care facility" from the State licensing requirements into the Zoning Ordinance. The zoning districts in which day care facilities are permitted, by right and upon approval of a Class B Special Use Permit, would remain unchanged. The standards for evaluation of a Special Use Permit application have been proposed for, amendment. The proposed changes would include the following: a) The day care facility is to be located in an area which is free from conditions dangerous to the physical and moral welfare of the children. b) The minimum requirements to qualify for a State of North Carolina day care facility license are satisfied. c) There is direct access from the property on which the day care facility is to be located to a State- maintained road or a private road approved by Orange County. d) Adequate access to and from the site as well as adequate space off the road right-of-way, is provided for the safe pick-up and discharge of children and is provided in such a manner that traffic generated by the day care facility is not disruptive to adjacent residentially developed properties. e) Fencing and/or screening is to be provided which assures the protection of the children receiving day care, protects adjacent residentially developed properties from trespass, effectively screens the view of any outdoor play area, and reduces noise associated with the operation of the day care facility. Comments received at the hearing and the Staff response to each is as follows: 1. What is meant by "conditions dangerous to the physical and moral welfare of the children" in Article 8.8.16.2 a)? Article 8. 8.16.2 a) is repetitive of one of the requirements to qualify for a State day care 3 facility license (See Article 8.8.16.2 b) .), and it is recommended that the provision be deleted. 2. Can criteria be established for determining what types of facilities would be required to have direct vehicular access to a public road and which facilities would have access to both public and private roads? The number of residential lots on a road is not one of the criteria used to determine if a road is to be public or private. However, once a determination has been made that a private road will be permitted, the "class" of private road to be installed is determined by the number of lots to be served. The various classes of private roads, number of lots served, and anticipated traffic volumes on each are shown below. Class Lots Served Traffic C 1 - 3 10 - 30 B 4 - 9 40 - 90 A 10+ 100+ Under one possible scenario, an operating day care facility providing care to the minimum number of children required for licensing (6) would generate 12 vehicle trips per day. This assumes that each parent would take his/her child to the facility and pick him/her up later. The number of trips thus generated would be roughly equivalent to those generated by a single-family residence (10) . If the above scenario were carried out on a Class C private road with three lots, it would be equivalent to the addition of another dwelling unit on the street, moving it from a Class C to a Class B private road. A similar situation would result if the scenario were carried out on a Class B private road with nine lots, moving it from a "B" to an "A" classification. This scenario would seem to indicate that access to private roads by day care facilities would be acceptable, provided the road were upgraded, where necessary, to the appropriate classification. The appropriate classification would be determined by the estimated traffic count based on the number of existing dwelling units served by the road and by the estimated traffic generated by the day care facility. At its December 19, 1988 meeting, the Planning Board 4 considered the proposed amendments and recomended approval of same with the following changes: 1. Delete Article 8.8.16.2 a) from the proposed amendment. 2. Revise Article 8.8.16.2 c) to read as follows: c) There is direct access from the property on which the day care facility is to be located to a State-maintained road or a private road approved by Orange County. Where direct access j . be provided to a day care facility from a Private road, the Board of Adiustment may require the upgrading of the private road to a higher classification, based on the number of homes currently served by the road and the projected traffic to be generated by the day care facility. The appropriate road classification shall be determined by the standards contained in the Orange County Private Road Standards. (Proposed additions are underlined. ) 3. Add, as the last paragraph of Article 8.8. 16.2, the following: Each application for a day care facility approved by the Board of Adjustment shall be reviewed annually by the Planning Department to assure compliance with the standards of evaluation for such facilities and any conditions attached to the application by the Board of Adjustment. RECOMMENDATION: The Administration recommends approval of the proposed amendments per the Planning Board's recommendation with two changes. First, the last sentence of #2(c) above should be worded to read as follows: The appropriate road classification shall be determined according to the Orange County Subdivision Regulations Private Road Standards. Second, #3 above should be worded to read as follows: Each application for a day care facility approved by the Board of Adjustment shall be reviewed annually by the Zoning Officer to assure compliance with the standards of evaluation for such facilities and any conditions attached to the application by the Board of Adjustment. Any change in the operation of the facility which deviates from the original standards and conditions will constitute a modification and will 5 require the approval of the Board of Adjustment. In determining whether a modification has occurred, the Zoning Officer shall be suided hy the procedures and criteria contained in Article 8.7. 6 --- PROPOSED ORDINANCE AMENDMENT ORDINANCE: Zoning Ordinance REFERENCE: Articles 4, 8, and 22 ORIGIN OF AMENDMENT: X Staff Planning Board --BOCC X Public Other: STAFF PRIORITY RECOMMENDATION: X High Middle Low Comment: EXPECTED PUBLIC HEARING DATE: November 28, 1988 PURPOSE: To revise existing Zoning Ordinance provisions applicable to day care centers to be consistent with State licensing requirements. IMPACTS/ISSUES: Day care, day nursery, and kindergarten facilities of all types are currently permitted in residential zoning districts upon approval of a Class B Special Use Permit. In commercial and office zoning districts, such facilities are permitted by right. It has been brought to the attention of the Planning Department that erroneous information was provided to the Child Care Networks 4-1/2 years ago. The information provided indicated that no permits of any kind were required for facilities other than those requiring State licensing. For this reason, permits have not been obtained by those facilities within Orange County's jurisdiction. Another concern identified by staff of Child Care Networks is the inconsistency between . State licensing requirements and the permit requirements of Orange County. The State requires that day care facilities of a certain size and operating certain hours be licensed, whereas Orange County requires that all such facilities in residential areas be required to obtain a Class B Special Use Permit. The staff of Child Care Networks has recommended that Orange County's zoning provisions be amended to be consistent with the State licensing requirements. 7 EXISTING PROVISIONS: See attached provisions. PROPOSED AMENDMENTS: The proposed amendments are as follows: ARTICLE 22. DEFINITIONS Day Care - Any child care arrangement under which a child less than 13 years of age receives care away from his own home by persons other than his parents, grandparents, aunts, uncles, brothers and sisters who are not minors, and guardians or full-time custodians. Ray Care Facility - Any day care center or child care arrangement that provides day care for more than five (5) children, not including the operator's school aae. children, under the age of 13, on a regular basis of at least once per week for more than four (4) hours but less than 24 hours per day, and those operating fewer than four (4) hours Rgg ggy that provide care for more children Rgg adult care giver than would be Rprmitted in an AA State licensed center, regardless of the time of day and regardless of whether the same children attend regularly. The following facilities are not included: public schools; non-public schools whether or not accredited by the State Department of Public Instruction, which regularly and exclusively provides a course of grade school instruction to children who are of public school age; summer camps having children in full-time residence; Bible schools conducted for no more than three weeks during vacation periods; and cooperative arrangements among parents who care only for their own children in an arrangement as a matter of convenience rather than to enable gny participating parent to be employed. (These definitions are identical to those contained in G.S. 110, Article 7 - Day Care Facilities. Underlined sections are changes proposed by Child Care Networks. ) ARTICLE 4. PERMITTED USE TABLE • Change the wording for item H-1 on Table 4.3 - Permitted Uses from "Day Nursery, Day care, Private Kindergarten" to "Day Care Facility" . Day care facilities would still be permitted in the same zoning districts on the same basis - see below. 8 Permitted by right in: Local Commercial 1 Neighborhood Commercial 2 Community Commercial 3 General Commercial 4 • Existing Commercial 5 Office & Institutional Permitted following approval of a Class B Special Use Permit in: Rural Buffer Agricultural-Residential Residential-1 Residential-2 Residential-3 Residential-4 Residential-5 Residential-8 Residential-13 ARTICLE S. SPECIAL USES (Proposed wording changes/additions by the Planning Staff are underlined. ) 8.8.16 Day Care Facility 8.8.16.1 Additional Information In addition to the information required by Articles 8.2 and 8.8, the following shall be submitted as part of the application: a) Evidence that the minimum requirements to qualify for a State of North Carolina day care facility license have been satisfied. b). A floor plan of the proposed gay care facility, showing the use and dimensions of each room and the location of entrances and exits. 8.8.16.2 Standards For Evaluation The following standards shall be used in deciding on an application for the use: a) The day care facility is to be located in an • area which is free from conditions dangerous to the physical and moral welfare of the children. b) The minimum requirements to qualify for a State of North Carolina day care facility license are satisfied. 9 c) There is direct access from the property on which the day care facility is to be located to a State-maintained road or a private road approved by Orange County. d) Adequate access to and from the site as well as adequate space off the road right-of-way, j , for the safe pick-up and discharge of children and is provided in such a manner that traffic generated by the day care facility is not disruptive to adjacent residentially developed properties. e) Fencing and/or screening is to be provided which assures the protection of the children receiving day care, protects adjacent residentially developed properties from trespass, effectively screens the view of any outdoor play area, and reduces noise associated with the operation of the day care facility. ******************************************************* ORDINANCE REVIEW COMMITTEE: PLANNING BOARD REVIEW: BOCC REVIEW: November 1, 1988 - _ Orange County Child Care Zoning Change Id• This matter is coming before the full Board of Child Care Networks because timing of this matter does not permit assigning it to a committee for study and recommendation. Background: A woman operating a three-hour, three-morning-per week nursery program for seven children in her own home telephoned us in September. As a courtesy,she had notified all of her neighbors of her intention to operate her program. The lots in her neighborhood are large with trees between most houses,so she did rot anticipate any complaint. Nonetheless,she answered her door one day to a representative of the Orange County Planning Department.who informed her that one of her neighbors had complaned and that she must stop operating her program immediately. He also told her that the only way she could operate in future would be to apply for a Special Use Permit. He left her instructions for doing so. She considered them impossible to comply with. . She contacted our office and we expressed astonishment and offered to make inquiries. We telephoned Assistant County Manager Albert Kittrell who checked this matter with the Planning Department. Kittrell called us back to say that indeed,Orange County Zoning does require a Special Use Permit for ALJ I child care operations in residentially zoned areas. We asked about all the Registered Family Day Care Homes and half-day programs that are operating without Speical Use Permits and were told that the Planning Department simply did not know about them and would require special use permits of them if they came to the Department's attention. Kittrell also told us that the Director of the Planning Depatment was amenable to seeking a change in the regulations and would be glad to talk with us. Subsequently Nancy met with Marvin Collins the Planning Dirctor and disussed amendments. The follow-up document Collins sent to us is,for the most part,satisfactory,but some changes we recommend are listed below. The Planning Board will meet on November 28. Our Board needs to forward Its recommendations to the Planning Board before that date. e .N toff re,male ation th the CuN Psd,s is that the proposed chanoes;orovided to us by ..', • i 1 - •-• ..'- 1- .'1 1 1- 1.,,.- .11. -WA. 1 ents listed below be forwarded to the •..- ♦r. •- • it - •.I11.10 :1. • 1' -•1.1111-it .. ••1 • a- :•- • •f • • See October 17, 1988 document from Orange county Planning Department enclosed Following changes and insertions recommended: Page 3 impacts/issues: second paragraph, line 6,insert after facilities"other than those requiring State licensing" • third paragraph,line 6,insert after ski"and operating certain hours" . Page 4,Article 22, Day Care Facility,fourth line,change"after-schoor to read"school-age". - Same paragraph,seventh line,insert after 24 hours per day'and those operating fewer than four- - - .• hours per day that provide care for more children per adult caregiver than would be permitted in a AA State licensed center." . - Next paragraph,line 8 and 9 is no longer current and needs to be changed in accordance with - current statutes which do include summer day camps run by non-profit organizations. - - • Gui',r eZ !ate C14.. ce Ca.-a id20.024 • 1 11 ' • .. . .,..!,\ SUBCHAPTER 3U - CHILD DAY CARE STANDARDS ) (AMENDFD EFF. JANUARY 1, 1987) • . SECTION . 0100 - PURPOSE AND DEFINITIONS - .0202 PURPOSE The Rules in this Subchapter prescribe the procedures and standards for licensure of child day care centers and registration of day care homes. • History Note: Statutory Authority G.S.110-88; 143B-168.1: 143B-168.3; Eff. January 1, 1986. .0102 DEFINITIONS The terms and phrases used in this Subchapter shall be defined as follows except when the content of the Rule clearly requires a different meaning. The definitions prescribed in G.S. 220-86 also apply to these Rules. . - (1) "Agency" means the Child Day Care Section, Division of Facility Services, Department of Human Resources, located at 701 Barbour Drive, Raleigh, North Carolina 27603 • . - . _ - . • . .. . . (2) . "After School Care" means' day care provided to ---... school-aged children as defined in Paragraph (22) of ) - this Rule which does not exceed four hours on a school : *day. After school care may exceed four hours on a - - ' -- non-school day during the school calendar year. . . . . (3) "Appellant" means the person or persona who request a contested case hearing. . _ . • • (4) "A" license means the license issued to day care • . operators who meet the minimum standards as codified in Sections . 0500 - . 1500 and .180o. of this Subchapter. - . . _ . (5) "AA" license means the license issued to day care operators who meet the higher voluntary standards ,_ . - 7 --.... ' - - .._ promulgated by the. Child Day Care. Commission as codified in Section .1600 of this Subchapter. . -. - . • _ . .-. -- (6) "Child Care Program" means a provider of child day care ! - :- - l ---. • services and may _consist of a single center or home or .a. ' • - ' - of centers "and/or homes -operated by one owner. . - - . - - - . group 0 . . . • , .. • - -- . . . . - --. - . (7) "Commiss means ion". me the Child Day Care Commission. . . . , . . . . • • : - -- - . . - • - . - . . . (5) .." "Day care center" means day care facility as defined in i • G.S. 110-86 (3) . • ) (9) "Day Care Home" means day care plan as defined in G.S. 120-86 (4) which providesday care on an regular F- • -1- : . ..t...--- 12 . • basis of at least once per week for more than four hours, but less than 24 hours per day. Child care arrangements excluded from the definition of day care facility in G.S. 110-86 (3) are excluded as day care homes. . . (10) "Department" means the Department of Human Resources. - . _ . (11) "Division" means the Division of Facility Services - within the Department of Rumen Resources. , . . . (12) - "Group" means the children assigned to a specific caregiver, or caregivers, to meet the staff/child ratios set forth in G.S. 110-91 (7) and this Subchapter, using • space which is identifiable for each group. .., . (13) "Licensee" means the person or entity that is granted permission by the-State of North Carolina to operate a - - - day care center. .- --- _ (14) "Licensing Manual" means the document published by the Child Day Care Section which contains the procedures and standards required by North Carolina law, the - Commission and the Department for licensure of child day care centers. The licensing manual may be obtained from the Section at the address given in Paragraph (1) of this Rule. . - . . • . _ _ . ( (15) "Operator's after-school children" means, for the purposes of implementing G.S. 110-86 (3) , the operator's own children who are school-aged according to the definition of a school-aged child. • (16) "Operator" means the person or entity held responsible by law as the owner of a child day care business. The terms "operator", "sponsor" or "licensee" are used interchangeably. (17) "Passageway" means a hall or corridor. _ (16) "Preschool-aged child" means any child between birth - - and five years who does not fit the definition of school-aged child in Paragraph (21) . (19) "Provisional License" means the type of license issued ' to a center which does not conform in every respect with the standards for an "A" license. . . - (20) "Registrant" means the person or entity that is granted • _ . permission by the State of North Carolina to operate a day care home. . (21) "School-aged child" means any child who is at least five years old on or before October 16 of- the current -2- . 13 school year or who is attending, or has attended, a public or private grade school or kindergarten. (22) "Section" means the Child Day Care Section, Division of Facility Services, Department of Human Resources. The section is located at the address given in Paragraph (1) of this Rule. (23) "Special Provisional License" means the type of license which may be issued a day care operator pursuant to the conditions of .G.S. 110-88 (6a) when child abuse or neglect has occurred in the center. • • (24) "Supervisor" means, for the purposes of implementing G.S. 110-91 (7) , the person on site at the center who has the overall responsibility for planning and administering the child care program. The terms "supervisor", and "director" are used interchangeably. (25) "Teacher" means the caregiver who has responsibility for planning and implementing the daily program of • activities for each group of children. (26) "Temporary care arrangement" means a child care arrangement required to be licensed pursuant to G.S. 110-86 and G.S. 110-98 which provides care on less than a full-time basis. Examples of temporary care arrangements are certain drop-in, before/after school, and- seasonal programs. (27) '"Volunteer" means a person who works in a day care center or day care home and is not monetarily compensated by •the center or home. History Note: Statutory Authority G.S. 110-88; 143-168.3; Eff. January 1, 1986; Amended Eff. January 1, 1987. SECTION . 0200 - GENERAL PROVISIONS RELATED TO LICENSING .0201 INSPECTIONS The. Child Day Care" Section shill-periodically visit and inspect all day care centers to insure compliance with North . Carolina General Statutes and those rules and regulations . . adopted pursuant thereto. • (1) : A representative of the Section shall conduct an •-• _ . announced visit prior to the initial issuance and renewal • . of the license. The prospective or current licensee _ shall be notified in advance about the visit. This Rule does not apply to the investigation of centers that are operating without a license in violation of the law. (2) At the beginning of each fiscal year, the Section shall prepare a written plan explaining the guidelines for making routine, unannounced compliance visits to licensed -3- 14 •day care centers. The plan shall be dated and signed by the Section Chief and shall be kept in a confidential file by the Section Chief. (3) A representative of the Section may make unannounced visits to any licensed center whenever the Section receives a complaint alleging violation of the licensing . law or the rules in this Subchapter, or if a representative of the Section has reason to believe an emergency exists in the center. - - History Note: Statutory Authority G.S. 110-105; 143B-168.3; • Eff. January 1, 1986. . 0202 CENTERS SUBJECT TO LICENSURE - - Any child care arrangement where six or more children under 13 years of age (not including the operator' s own school-aged children as defined in this Subchapter) , receive care, on a regular basis of at least once per week, for more than four --lours but less than 24 hours per day, regardless of the time of day and regardless of whether the same children attend regularly, must be licensed. These arrangements include, but are not limited to: (1) Day care centers, including those which operate for twenty-four hours per day; (2) , Nursery schools; (3) Temporary care arrangements, including those which . provide care on a seasonal, drop-in, part-time, or after-school basis as defined in Rule .0102 (26) of this Subchapter; (4) Preschool programs housed in a public school building. History Note: Statutory Authority G.S. 110-86 (3) ; 143B-168.3; Eff. January 2, 1966; • Amended Eff, January 1, 1987. .0203 CENTERS NOT REQUIRED TO OBTAIN A LICENSE (a) Child care arrangements that are not required to obtain a license include: (1) Bible schools conducted for no more than 3 weeks _ .during vacation periods; - (2) Cooperative arrangements among parents who care only for their own children in the arrangement as a matter of convenience rather than to enable any participating parent to be employed. (b) Church day care.centers which do not obtain a license • pursuant to G.S. 110-106 shall meet the requirements specified in Section .2100 of this Subchapter. History Note: Statutory Authority G.S. 110-86 (3) ; 110-106; 143B-168.3; Eff. January 1, 1986. .0204 CHANGES REQUIRING ISSUANCE OF A NEW LICENSE •i4a) When the operator, as defined in Rule .0102 (16) , of a . -4- 15 Proposed May 10, 1983 Approved July 5, 1983 Amended April 4, 1988 Amended October 3, 1988 ORANGE COUNTY PRIVATE ROAD STANDARDS Private Roads serve lots within subdivisions that do not have access to state-maintained roads. Furthermore, Private Roads insure that all lots have documented legal right-of-way and provide adequate access for residents and emergency vehicles. Private Roads may be allowed in a subdivision where, in the judgment of the Planning Board and with the approval of the Board of Commissioners, it is found that the nature and location of the subdivision are such that a private road is justified. In determining whether to permit Private Roads in subdivisions, the design features contained in Article IV-B- 3-d of the Subdivision Regulations will be considered. Note that it ig the responsibility tJe applicant for subdivision approval to supply A written statement justifying reasons for Zrivae Roads ja the proposed eybdivision. Compliance with one or more of the standards contained in Article IV-B-3-d does got assure approval, of A priyate Road, within a proposed subdivision. After approval of and initial construction of the - Private Road, maintenance must be provided by the property owners that use the road. A Road Maintenance Agreement or Declaration between the lot owners is required to insure that the needed repairs are made. Since Private Roads are not constructed to North Carolina Department of Transportation standards, they will not be added to the Secondary Road System-and will not be maintained by the State-or Orange County. The standards and specifications for Private Roads apply to subdivisions in Orange County and the class of road _ requi ., red depends on- the number lots served by the road. A Class C road serves 1 to 3 lots, a Class B road serves 4 to 9 , lots and' a Class A road serves 10 or more lots. All classes of Private Roads in a major (five or more lots) subdivision - require the approval of the Board of Commissioners. __Furthermore,- Class A Private Roads it a minor subdivision (four or less lots) -require the Board's approval. Before the _ final plat of the subdivision can be recorded, the Private • Road must be built and approved, or the applicant must post a • security instrument with the County in an amount that would cover the cost of constructing the road. Class C Private Roads that are 500' or less in length are not required to be constructed to Orange County Standards or to be inspected 1 : r 16 • Residential. • This section summarizes trip generation for all As expected, the single-family detached unit types of residential dwellings.Each category of has the highest generation rate per unit of all residential housing,particularly single-family residential uses. This is followed by apart- detached housing and apartments, used data merits, with retirement communities having from a wide range of units with varying sizes, the lowest rate. The rate for planned unit de- price ranges, locations and ages. Con- velopments,which has a mix of single-family. sequently,there could be as wide a variation in detached units and apartments, is in between trips generated within each category as there is these two types. Single-family detached units between different categories. As expected, have the highest rate because: 1)They are the dwelling units that were larger in size, more largest units in size and have more people and expensive or farther away from the central more vehicles per unit than any other types;2) business districts had a higher trip generation they are generally located farther away from rate per unit than those smaller in size,less ex- shopping centers,employment areas and other pensive or closer to the CED. However, other attractors than are other types; and 3) they factors such as geographic location in the have fewer alternate modes available because country and type of adjacent and nearby de- they are not as concentrated as other types of velopment also had an effect on the generation units. . rate. Thus, only the above general statement (instead of some linear relationship)concern- ing size,cost and location of dwelling unit and the income of the occupant could be made. 1 Summary of Rate Tables of the Different Types of Dwelling Units. . Type of Dwelling Unit Average Weekday Vehicle . ... Trip Ends per Unit . •- :__. . - •• . - - - Average Maximum Minimum 210 Single-Family Detached Housing 10.0 21.9 . 43 . __._ . 220 Apartment,General . . 6.1 . 12.3 0.5 -- . 221 Low-Rise Apartment 6.6 9.2 5.1 _• • 222 High-Rise Apartment . . 4.0 6.4 12 - 230 Condominium 5.2 11.8 . 0.6 • 240 Mobile Home 4.8 7.6 23 250 Retirement Community 3.3 4.9 2.8 J - 270 Planned Unit Development 7.8 14.4 5.8 Rev.1982 I , - 17 , . C. Article 7 - Planned Developments/Density Bonuses (WITHDRAWN FOR. FURTHER CONSIDERATION) d. Article 4 - Permitted Uses, Article 8 - Special Uses and Ell> Article 22 Definitions (Day care Facilities) The presentation was made by Marvin Collins. These proposed amendments would revise existing provisions applicable to day care facilities to be consistent with State licensing requirements. Day care, day nursery, and kindergarten facilities of all types are currently permitted in residential zoning districts upon approval of a Class B Special Use Permit. In commercial and office zoning districts, such facilities are permitted by right. It has been brought to the attention of the Planning Department that erroneous information was provided to the Child Care Networks 4 1/2 years ago. The information provided indicated that no permits of any kind were required for such facilities. For this reason, permits have not been obtained by those facilities within Orange County's jurisdiction. Another concern identified by staff of Child Care Networks is the inconsistency between State licensing requirements and the permit requirements of Orange County. The State requires that day care facilities of a certain size and operating certain hours be licensed, whereas Orange County requires that all such facilities in residential areas be required to obtain a Class B • Special Use Permit. The staff of Child Care Networks has recommended that Orange County's zoning provisions be amended to be consistent with-the- State licensing requirements. The proposed amendments incorporate the definitions of "day care" and "day care facility" from the State . . __ licensing requirements into the Zoning Ordinance. The zoning Districts in which day care facilities are permitted, by right and upon approval of a Class B . Special Use Permit, would remain unchanged. . -- - - The standards for evaluation of a Special Use Permit - application have been proposed for amendment. The proposed changes would include the following: a) The day care facility is to be located in an area which is free from conditions dangerous to the physical and moral welfare of the children. b) The minimum requirements to qualify for a State of 18 North Carolina day care facility license are satisfied. c) There is direct access from the property on which the day care facility is to be located to a State- maintained road or a private road approved by Orange County. d) Adequate access to and from the site as well as adequate space off the road right-of-way, is provided for the safe pick-up and discharge of children and is provided in such a manner that traffic generated by the day care facility is not disruptive to adjacent residentially developed properties. e) Fencing and/or screening is to be provided which assures the protection of the children receiving day care, protects adjacent residentially developed properties from trespass, effectively screens the view of any outdoor play area, and reduces noise associated with the operation of the day care facility. The Board of Child Care Networks have reviewed a draft of the proposed amendments and provided comments which are an attachment to these minutes on page The Planning Staff amended the proposals to reflect that Board's concerns and are recommending approval of the proposed amendments. Planning Board member Eddleman asked the standard listed as a) regarding physical and moral welfare. Collins responded that this tracks language contained in a booklet produced by-the State licensing agency. He continued that a copy of state licensing requirements could be obtained. Commissioner Marshall noted that she felt specific - criteria could be provided for this standard. Collins responded that this could be reviewed. He continued that extablishing a cut-off point between what is safe _ and what is not is a difficult one and varies from . location to- location. _. -- _ There were no public comments. Motion was made by Commissioner Marshall, seconded by Commissioner Hartwell to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioner no sooner than January 3, 1989. VOTE: UNANIMOUS. %var. V - /9 _- a tie station. Yuhasz responded that the Ordinance Review Committee reviewed the figure suggested to them; he did not feel that the Committee would have acted any differently if 12,000 sq. ft. had been suggested. MOTION: Yuhasz moved approval as recommended by the Planning Staff. Seconded by Eidenier. VOTE: 7 in favor. 3 opposed (Eddleman, Pilkey, Best - all preferred the public hearing process) . (2) Article 9 -Signs (Permitted Signs - Commercial/Industrial Development) The public hearing on this item has been continued to the January 3, 1989 Board of Commissioners Meeting. ) (3) Article 4 - Permitted Uses, Article 8 - Special Uses, and. Article 22 - Definitions (Day Care Facilities) • Presentation by Marvin Collins. (Abstract an attachment to these minutes on pages • ) . Collins addressed the two questions asked at the public hearing and reviewed the information as included on the attached abstract. Yuhasz asked if the State license for the day care centers were subject to a renewal process. Collins responded yes and noted that they are also subject to annual inspections by the State and the local inspections office for safety and • • fire inspections. - Yuhasz continued that perhaps an annual review period could be included to address concerns regarding private roads and the need for upgrading which was expressed by Board members.- - Collins responded that such a review could be _conducted by Planning Staff annually. He • - continued that if conditions had changed, such as the number of children at the day care operation which would generate changes in traffic count, the Special Use Permit could be reviewed by Staff or the Board of Adjustment and updating could be • 20 . _ done as necessary. The question was asked regarding who would be responsible for upgrading a private road if another day care center opened at a later time which generated more traffic than could be handled by the private road. Collins responded that this would be handled just like a subdivision that generated traffic increases; the day care center which generated the additional traffic would be the one responsible for any necessary upgrading of the private road unless this issue had been covered by a pre-existing Road Maintenance Agreement which included all property owners on the road. Jacobs asked where such a change would be listed to cover the change in number of children or any change that could require the updating of the Special Use Permit. Collins responded that a paragraph could be added after item e) as shown on the attached abstract to state: Each application shall be subject to annual review by the Orange County Planning Department to determine that the conditions of approval attached by the Board of Adjustment are complied with. MOTION: Best moved approval with the additions as suggested by Collins. Seconded by Eddleman. VOTE: Unanimous. d. Subdivision Regulations Text Amendments (1) Section III (New) - Application and Approval Procedure _ MOTION: - - - . Best moved approval as recommended by the Planning Staff with the effective date of February 1, 1989. Seconded by Dickinson. VOTE: Unanimous. • (2) Section V (New) - Specifications for Plat Drawings Best asked if the committee which included a representative from the Register of Deeds had approved the recording of a second document. Collins responded that they had and that the only thing to work on in that matter is the structure 1 ORANGE COUNTY BOARD OF COMMISSIONER ACTION AGENDA ITEM ABSTRACT Meeting Date: January. A, 12A2 Action A enda Item # - -45 SUBJECT: PROPOSED AMENDMENTS OF THE SUBDIVISION REGULATIONS - SECTION III - PROCEDURES FOR PLAT APPROVAL SECTION V - SPECIFICATION FOR PLAT DRAWINGS !MN N.S10= NO•■=111•■■•11.1••■■■•NOMmo.MONONO•■■•■•■■•=1m m■ON1n•■■•■■■MIN MOW. DEPARTMENT: PLANNING PUBLIC BEARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Mary Scearbo Proposed Amendments 11/28/88 Draft Public Hearing Minutes 12/19/88 Draft Planning Board Minutes Crudup 12/12/88 Memorandum TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider proposed amendments to Sections III (Procedures for Plat Approval) and V (Specifications for Plat Drawings) of the Orange County Subdivision Regulations. The proposed Section III also included a proposed amendment to the existing Section III-C involving procedures for the review and approval of minor subdivisions. Both proposals were presented at public hearing on November 28, 1988. BACKGROUND: The proposed amendments to the Subdivision Regulations were developed to accomplish the following: 1. Involve the Planning Board in the Concept Plan approval process. 2. Clarify the steps involved in the plat approval process. • 3. Specify the information required on plat drawings. 1 ' _ 2 On August 22, the proposed amendment was presented for public hearing. Due to concerns raised at the hearing, a committee was formed consisting of representatives from several county departments, the Orange County Bar Association and the Society of Surveyors. The Committee met twice to discuss the amendments and a revised draft was presented for public hearing on November 28. The changes to the draft included the following: Recordation of certain information via separate documents to reduce the amount of information shown on the face of the plat. Incorporation of a new definition of "minor subdivision" . Development of a procedure by which the County would be involved in recordation of plats and other documents. Modification of time limits between final plats for phased projects. Miscellaneous changes to clarify intent of specific provisions. It was also proposed that administrative procedures be changed to provide a comprehensive checklist of all items necessary for Final Plat approval. The list would inform the applicant of all requirements necessary to secure plat approval and would provide a means of keeping track of all requirements which had been met. At the public hearing on November 28, concern was expressed by the Board of Commissioners that the change in definition of minor subdivisions (to allow the creation of up to four new lots within a two-year period) would result in piecemeal subdivision. Of the 64 one-to-three lot major subdivisions approved since 1981, 36 had state road frontage, 12 fronted on an existing private road, and 16 resulted in creation of a new private road. Also, 39% of the subdivision were divisions of previously approved major subdivisions, and 61% were divisions of residual parcels (see attached 12/12/88 Crudup memorandum) . An issue was also raised regarding the necessity of the Planning Department receiving copies of recorded 3 documents. The Planning Director discussed aspects of daily planning operations which necessitate accessibility to recorded plats. At its December 19, 1988 meeting, the Planning Board considered the proposed amendments and recommended approval of same. The Planning Board also recommended that the effective date be set for February 1, 1989 to finalize the development of administrative procedures, and allow time for staff to distribute information regarding the amendment to the general public and the development community. RECOMMENDATION: The Administration recommends approval of the proposed amendments per the Planning Board's recommendation with one exception, the change in the method of approval of "minor" subdivisions as proposed in the revision to Section III-C. The Administration recommends that the minor subdivision approval process remain as is until the Subdivision Regulations are amended to provide consistency in the design standards applicable to major and minor subdivisions. Such consistency would insure that the minor subdivision process is not used to avoid compliance with design standards. It would also provide equity in the approval process. 4 4 4. SUBDIVISION REGULATIONS TEXT AMENDMENTS --- a. Section III (New) Application and Approval Procedures and Section V (New) Specifications for-Plat Drawings • The presentation was made by Planner Mary Scearbo. This is the second public hearing for proposed amendments to Sections III and V of the Subdivision Regulations relating to plat approval procedures and plat specifications. The first hearing took place on August 22. At that time the Board of Commissioners directed that a committee be formed to discuss and refine the amendment in response to concerns expressed at the hearing. The draft being presented is a product of those committee meetings. Ms. Scearbo noted she would like to summarize briefly the concepts underlying the proposed amendments as presented on August 22 and the concerns expressed at • that. hearing, discuss the activity of the committee and finally highlight the changes made as a result of the committee meetings. • Basically, the amendments seek to accomplish three • things: 1) To involve the Planning Board in the approval of a Concept Plan prior to preliminary plat submittal. This would give the Planning Board more input during the early phases of plan development. The Final • Plat, on the other hand, would be approved by the Planning Staff when all preliminary plat conditions are met. 2) The material to be shown on the preliminary and final plat is specified more clearly and is pulled together in one section of the Subdivision Regulations. - • _ 3) To clarify- all steps necessary for plat approval. The intent is has been to make the requirements for subdivision approval more understandable and to gain • input from the Planning Board at an earlier state. • - . This is a benefit to the applicant in that potential - problems and conflicts may be identified earlier in - - • _ the development process. There were several concerns expressed at the first hearing. Land Records and the Register of Deeds pointed out that 5 there was too much information required on the face of the plat, making the plat difficult for the public to understand. There were also questions from the Orange County Bar Association and the Society of Surveyors concerning legality of some of the provisions and costs to the developer. The committee established to revise the draft included the County Manager, Planning Board Chair Barry Jacobs, Register of Deeds Betty June Hayes, Land Records Manager Roscoe Reeve, Robin Lackey and Guido de Maera of the Orange County Bar Association, Walter Kleckley of the Society of Surveyors and myself. We met twice and a number of changes were made based on comments of the group. In addition, I met with both the Register of Deeds and Land Records to learn more about the specific problems which they had experienced. The draft amendment in the agenda packet is a crossout- underline which shows the changes made since the last hearing. The more substantial items are summarized as follows:- 1) We attempted to remove as much information as possible from the face of the final plat. To accomplish this, certain restrictions or requirements including landscaping and buffers, impervious surface data, lots of restricted development, and stormwater control data will be recorded as a separate document with cross-reference between the plat book and deed book. We also attempted to remove some of the certificates from the face of the plat and record them separately but most of them are required to be on the plat by State law. We are still working on developing a format for a document containing the information • just described to simplify and streamline the plat approval and recordation process. 2) . We attempted to eliminate any ambiguities in the- - - " requirement that certain natural and man-made . features be shown on the final plat. • - -- 3) We are proposing to redefine a minor subdivision as the creation of 5 or more lots, including-any - remainder during a two year period. - We are starting to see more and more small subdivisions which must be processed as -major subdivisions. Currently, minor subdivision process applies only when 4 or fewer lots are being created from a lot in existence at the time the subdivision regulations went into effect. This portion of the amendment represents a 6 significant savings in time and moneyto the developer as well as the County. This change was originally proposed as a separate amendment. It has been incorporated into this more comprehensive amendment. The Ordinance Review Committee had recommended that the minor subdivision be defined as 3 lots plus remainder rather than 4 lots plus remainder. We are recommending the latter to be consistent with the practice of Carrboro and Chapel Hill. 4) A fourth change involves the recordation process as indicated in III-C-4 and III-D-c-3. It is proposed that the Planning Department rather than the applicant record the plat and associated documents for minor and major subdivisions. By doing this, we would make sure that plats get recorded with all auxiliary documentation, and would provide a means of assuring that the Planning Department would have a copy of the recorded plat. We would need additional fees, however, to cover costs. 5) There, were changes made regarding time limits for phasing. This offers flexibility in time limits between • Final Plats for projects which are phased. A six-month period would be permitted between final plat submittals unless a longer period was specified in a phasing plan submitted with the preliminary plat. In addition, handouts were sent from the Planning Director regarding some other clarification and changes not included in the revised draft. The first relates to the second paragraph in III A - General Provisions. That paragraph had previously stated that the Clerk of Superior Court may not order changes to a plat which would be in conflict with the ordinance. That was deleted because we, questioned our authority to make that statement. However, it was found that that wording is the same as that in State enabling legislation, so we are recommending that it be included. - we are also working on an administrative mechanism to simplify the approval process; Our intent is to develop - a document with consistent format which would be- approved with the Preliminary Plat and include a . specific list of all requirements to be met in order for . the plat to be recorded. This document would serve as 'a - checklist and when all items were completed, the Final Plat could be recorded. This would be a simple way for • staff and the applicant to keep track of remaining conditions. This administrative document would reflect the intent of the ordinance. 7 . . , Number three includes comments from the Planning Director regarding the provision that the Planning Department would record the Final Plat. There is a conflict in the wording in that in the one paragraph it I states that the applicant records the plat while the next paragraph refers to the Planning Department being responsible for recordation. That can be resolved by eliminating any reference to the applicant's - responsibility in having the plat recorded. The remainder of the changes are editorial and for the most part relate to the County's responsibility to act on subdivisions within the designated timelines. On November 9 all committee members were sent a copy of the draft amendmentsand it was found that those copies sent through the mail were not received until November 15: She noted that no comments have been received from committee members but she felt that the majority of their concerns have been addressed. Commissioner Hartwell expressed concern with the duplication of functions and did not understand why the Planning.Department needed copies of recorded plats. Ms. Scearbo responded that if the Planning Staff had easy access to those records copies would not be necessary. There are times when a deed needs to be researched for a subdivision project and Planning Staff . has to go to the Register of Deeds Office to obtain the information. This can cause unnecessary delays in the process of the application. Commissioner Hartwell continued expressing opposition to the maintaining of such distributive data in more than one location referring to the cost to the County as well as the maintenance of the integrity of documents such as plats. Commissioner Marshall stated that she felt monies spent 1 on duplications would be better spent on the GIS and building so that all those offices would near enough to 1 • each other to obtain information easily. - - - - . . , . _ -. . • _ Commissioner Hartwell also expressed opposition to the Planning Department recording the plats as well .as the - retaining of two sets of records. . . —_ . - Planning Director, Marvin. Collins stated that the Planning Department is not attempting to maintain a second set of records but to do its job. He noted - that there had been instances in other jurisdictions - - 1 . - where he had been employed where changes were made on a plat between the time it was seen by the Planning Staff I _ and the time of recording. This created problems that were not discovered until a much later point in time. For this reason, other jurisdictions are now requiring a 1 8 copy of recorded plats to assure that staff is working with the true plat. Collins also noted that another reason for the staff to have a copy of a recorded plat is that sometime there is a lag between the time a plat is approved and a tax map is received showing the newly created lots. With a copy of the recorded plat in hand, it expedites the issuance of building permits. When ,plats are being reviewed for new subdivisions, it is very helpful to have a copy of the recorded in looking at the extension of road systems. The documents are needed in order for the Planning Staff to check off that conditions have been met and the subdivision is built as it was approved. The copy of the recorded plat will be placed in the subdivision file along with all other materials relating to that subdivision. R. S. McClintock, Orange County resident, encouraged the Board to approve the recommendations as presented by the Planning Staff. He noted that the subdivision process he would have to do in order to provide a lot for his son from his 8 1/2 acre tract, would be much easier and less time consuming if these amendments were approved. Guido de Maere, Chair of the Real Property Section of the Orange County Bar Association, indicated he felt that great strides have been made in the right direction for the appproval process. He noted an item which was discussed at the meeting which the committee thought would be in the ordinance and now is being considered as an administrative which is the procedure of going from preliminary to final plat approval and recording. Under the new system, all conditions are set with preliminary plat approval. He felt that the ordinance should state that part of the approval is a list of requirements and that the Planning Department checks the conditions off - as they are complied with, and the final plat -can be recorded when all the requirements are met. He noted - that the forms are administrative but he would like to see the procedure referenced in the ordinance. Ms. Scearbo. responded- that the Staff is continuing to work on the administrative mechanism to try and formulate a document which can contain some of the items • that are presently listed on the plat itself. - - • Motion.was. made by Commissioner Willhoit, seconded by - - Commissioneeliartwell to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioners no - sooner than January 3, 1989. VOTE: UNANIMOUS. .: - - -. b. Section IV-C-10- Cluster Developments The Presentation was made by Emily Crudup. 9 * ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 MEMORANDUM TO: MARVIN COLLINS, PLANNING DIRECTOR FROM: EMILY CRUDUP, ASLA, PLANNER II DATE: DECEMBER 12, 1988 SUBJECT: 1-3 LOT MAJOR SUBDIVISIONS As requested, the following information is provided in reference to the proposed amendment to Section III-C of the Subdivision Regulations. The Planning Staff has researched 1-3 lot major subdivisions (64 total) approved since 1981, and categorized them according to road access and previous subdivision approval. Division of lot previously Division of a Access approved through major residual parcel process State Road 10 26 Frontage Ex. Private 10 2 Road - ---(3 on pre-existing public) New Private 5 11 - - Road - _ Clearly, a large number (40%) of 1-3 lot major subdivisions _ __ have -been created from residual parcels with State road frontage. - If you have questions, please advise. 1=1211190====mosnamommo 10 III. APPLICATION AND APPROVAL ElitggpOgg General Provisions From the time that this Ordinance is filed with the Register of Deeds of Orange County, no subdivision plat of land within the County's jurisdiction may be filed or recorded until it has been submitted to and approved by the Planning Department as set forth in Section III-D-3-c of this Ordinance, and until such approval is entered in writing on the face of the plat by the Planning Director or his/her designated representative. The Register of Deeds shall not file or record a plat of •a subdivision of land located within the territorial jurisdiction of Orange County that hao -not—lacen 2pprove4-without signature of approval from the Orange County Planning pg2Artgent in accordance with these provisions. - = - The owner of land shown on a subdivision plat submitted for recording, or his/her authorized agent, shall sign a statement on the plat stating whether any land shown thereon is within the subdivision-regulation jurisdiction of Orange County. Except where specifically exempted by this Section, no building permit shall be issued to develop any subdivided lot or parcel until a Final Plat of such subdivision has been approved and recorded in accordance with the provisions of this Ordinance. Classification of Subdivisions All subdivisions shall be considered major subdivisions except those defined as minor subdivisions in this Section. A "minor subdivision" is defined as the division of a tract of land that does not: (1) Create more than four (4) new lots, from any one (1) tract of land. (2) Dedicate or improve any new public street A-1 other than widening an existing public street; (3) Extend public water and/or sanitary sewerage systems other than laterals to serve individual lots; and (4) Necessitate the installation of drainage improvements which would require easements through oie (1) or more lots to serve other lots. Minor subdivisions shall be reviewed in accordance with the provisions of Section III-C. Major subdivisions shall be reviewed in accordance with the procedures set forth in Section III-D. I/I-B-1. Determination of Classification All proposed subdivisions shall be reviewed by the Planning Department for initial determination as to whether the proposed subdivision is to be classified as a minor subdivision, a major subdivision or exempt from the provisions of this Ordinance as specified in the definition of "subdivision" in Section II. In making such determination, the Planning Department shall review the proposal, considering, among others, the following: (a) The pattern of existing land uses in the area; (b) The number and pattern of lots to be created; (c) The current use of the tract to be subdivided; (d) The topography of the tract, and the soil types and applicability of same for the stated purpose of the subdivision; (e) Any site improvements proposed as a part of the subdivision; and (f) The affidavit of the subdivider who is requesting classification as to the proposed use of the tract to be subdivided and the nature and reason for the division; i.e. , probate, division among heirs, partition among co-tenants, continuing agricultural use, sale, building development, gift, lease, etc. Where a public street is to be created and platted as part of the subdivision, the subdivision shall not be exempt from the provisions of this Ordinance regardless of any other factors. All transfers or A-2 12 ; sales, exempt or not, of an interest in any property within a tract subdivided pursuant to this Ordinance shall be made by express reference, plat book and page number, to the recorded plat thereof. If the Planning Department shall determine that the proposed subdivision is a minor or major subdivision, it shall notify the subdivider of the applicable approval procedures as set forth in this Section. If the Planning Department shall determine that the proposed subdivision is exempt from the provisions of this Ordinance, the Final Plat shall be endorsed as specified in Section V-D-6-3 of this Ordinance and may be recorded in the Office of the Register of Deeds . If the subdivider wishes to appeal the decision of i the Planning Department regarding the classification of a subdivision, he/she may appeal such decision to the Planning Board at its next regular meeting. The Planning Board shall have final approval authority regarding classification of the subdivision. All such appeals must be made, in writing, within thirty (30) days of the decision of the Planning Department. The Planning Board in all such appeals shall make findings of fact in support of its decision and shall notify the subdivider, in writing, of its decision within ten (10) days after said decision is made. Approval Procedures for Minor Subdivision III-C-1. Concept Plan Approval Prior to the submission of the Final Plat, the subdivider shall submit to the Planning Department two (2) copies of the Concept Plan of the proposed minor subdivision. The Concept-Plan shall be prepared in accordance with the specifications for Concept Plan drawings as set forth in Section V-B of this Ordinance. The Concept Plan shall be submitted to the Planning Department which shall review the Concept Plan for general compliance with the requirements of this Ordinance and the Zoning Ordinance, if applicable, and shall advise the subdivider or his/her authorized agent of the regulations pertaining to the proposed subdivision, of any changes required in order to comply with the provisions of this • A-3 13 Ordinance, and the procedures to be- followed in the preparation and submission of the Final Plat. The Planning Department shall complete its review of the Concept Plan within fourteen (14) days of submission by the applicant. One (1) copy of he Concept Plan shall be retained by the Planning Department, and one (1) copy shall be returned to the subdivider or his/her authorized agent. III-C-2. Application Requirements Upon approval of the Concept Plan by the Planning Department, the subdivider may proceed with the preparation of the Final Plat. (See Section II - Definitions) Applications for minor subdivision Final Plat approval shall be filed with the Planning Department and shall contain the following information: (a) Minor subdivision application form as prescribed by the Planning Department; (b) Original mylar of the Final Plat and five (5) copies thereof prepared in accordance with Section V-D of this Ordinance; (c) A copy of the Final Plat indicating Health Department approval/denial for each lot shown thereon; (d) Minor subdivision application fees as established by the Board of Commissioners; (e) Auxiliary documents prepared in accordance . with Section VI of this Ordinance which assure completion and/or maintenance of improvements required by this Ordinance. Such documents _ may include, but not be limited to, & private road maintenance agreement; security bond, cash or letter of credit by an approved institution; and guarantee of installation of any required road signs; (f) An Orange County Tax Map showing the location of the parcel to be subdivided; and (g) A copy of the Final Plat indicating approval of the plan to control sedimentation and erosion during construction of any required improvements. Where an erosion control plan is required, it shall comply with the A-4 14 provisions of the Orange County Sedimentation and Erosion Control Ordinance. If an erosion control plan is not required, the copy of the Final Plat must be signed by the Orange County Erosion Control Officer certifying that a plan waiver has been approved or the amount of land disturbance on the site is not subject to the provisions of the Sedimentation and Erosion Control Ordinance. The Planning Department shall not accept any application unless it is complete in form and content, and the plat complies with the specifications for Final Plat drawings as contained in Section V-D of this Ordinance. An incomplete application shall be returned to the applicant within five (5) working days with notification of its deficiencies. 111-C-3. Review, and Approval Procedures Upon acceptance of a minor subdivision application, the Planning Department shall determine if the plat and application conform with all applicable regulations, including any applicable conditions of an approved Special Use Permit. Auxiliary documents as required by Section III-C-2 above shall be submitted by the Planning Department to the County Attorney for his/her review and recommendation. The Planning Department shall take action on an application solely on its findings as to compliance with applicable regulations and conditions and shall: (a) Approve the application; (b) Approve the application subject to conditions; or (c) Deny the application. The Planning Department shall notify the applicant of its action, including any conditions attached thereto, within forty-five (45) days following acceptance of the application, or within such further time consented to by written notice from the applicant. If the Planning Department fails to render a decision within the specified time period, or extensions thereof, the application is approved as submitted. A-5 15 III-C-4. Action Subsequent to Approval. The Planning Director or his/her designated representative shall endorse approval on a reproducible mylar original of the Final Plat if the Planning Department approves an application either with or without conditions. The applicant shall record such plat and any associated documents necessary, to assure conformance with regulations in the Office of the Register of Deeds within ninety (90) days after the Planning Director's endorsement of approval. If such plat is not recorded within the specified time period, the minor subdivision plat is void. The Planning Director may extend this deadline provided the applicant can demonstrate a good faith effort to comply with the deadline, but for reasons beyond his/her control, fails to meet the requirements for recordation within that period. All such plats shall conform to drawing specifications and certification requirements for Final Plats contained in Section V-D of this Ordinance. . 4'. • I . a _ • -Ra-i-rig--- Department • t - „ of the recordee • per ' •- • a w " a - • The Planning Department shall record the approved, Final Plat, and auxiliary_ documentation, as required in the conditions, of preliminary plat approval., Final Plats and auxiliary, documents submitted to and approved by the Planning Department la 10:00 a.m. shall be recorded on the same day. III-C-5. Appeal Procedures The decision of the Planning Department regarding a minor subdivision application may be appealed to the Planning Board. If appealed, the application shall be placed on the next regular meeting agenda of the Planning Board. The Planning Board shall have final approval authority, and, where applicable, all Final Plats shall contain information and/or conditions approved by the A-6 16 Planning Board. The Planning Board in all such appeals shall make findings of fact in support of its decision. The subdivider shall be notified, in writing, of the Planning Board' s decision within ten (10) days after said decision is made. III-D. Approval Procedures for Major Subdivisions III-D-1. Sketch Plan Approval. IX/-D-1-a.Application Requirements Prior to the submission of a Preliminary Plat, the subdivider shall submit to the Planning Department sixteen (16) copies of a Concept Plan of the proposed major subdivision. The Concept Plan shall be prepared in accordance with the specificatiOns for . Concept Plan drawings as contained in Section V-B of this Ordinance. III-D-1-b.Plannina Department Review Procedures Upon receipt of the Concept Plan, the Planning Department shall review the proposal for general compliance with the requirements of this Ordinance and the Zoning Ordinance, if applicable. The Planning Department shall also consider the general suitability of the land for development to avoid unnecessary expense in the redesign of acceptable subdivision proposals. The Planning Department shall review the proposal for compatibility with the Orange County Comprehensive Plan and, in particular, determine if proposed sites for schools and other public/private facilities are to be reserved and/or provided. Within .forty-five (45) days of the date of - - acceptance of the Concept Plan or within such further time consented to in writing by the applicant, the Planning Department shall submit to the Planning Board a written analysis of the Concept Plan and its recommendation. If the Planning Department fails to prepare a report to the Planning Board within the specified time period, or extension thereof, the Concept Plan is recommended without conditions. III-D-1-c.Planning Board. Review and Approval Procedures After receiving the Planning Department's report • or, if applicable, the expiration of the time A-7 Prr Oroarlommoosmor■mmonorrr 17 period prescribed in Section III-D-1-b, the Planning Board shall consider the Concept Plan and take action on the proposal. The Planning Board shall base its action on its findings as to the conformity of the Concept Plan with all applicable regulations and shall: (1) Approve the Concept Plan; (2) Approve the Concept Plan subject to conditions; or (3) Deny the Concept Plan. If the Planning Board approves the Concept Plan subject to conditions, such conditions shall be reasonable and shall seek to insure compliance with applicable regulations. If the Planning Board approves the Concept Plan with conditions or denies the Concept Plan, the reasons for such decision shall be stated in writing to the applicant and entered into the minutes of the meeting at which such action was taken. The Planning Board shall take action within forty- five (45) days of the meeting at which the Planning Department's report is submitted to it or within such further time consented to in writing by the applicant. If the Planning Board fails to take action within the specified time period, or extension thereof, the Planning Board shall be deemed to recommend approval of the Concept Plan without conditions. /II-D-l-d.Action Subsequent to Approval If the Concept Plan is approved or approved with conditions, the Planning Board Chair shall endorse his/her approval on two (2) copies of the Concept Plan. One (1) copy of the Concept Plan shall be retained by the Planning Department, and one (1) copy shall be returned to the subdivider or his/her authorized agent. Upon approval of the Concept Plan by the Planning Board, the subdivider may proceed with the preparation of the Preliminary Plat. From the date of approval of the Concept Plan by the Planning Board, the applicant shall have one (1) year in which to prepare and file an application for Preliminary Plat approval. If a Preliminary Plat for the subdivision has not been submitted with within the specified time limit, the Concept Plan shall become null and void. A-8 18 III-D-1-e.Appeal Procedures The decision of the Planning Board regarding a Concept Plan may be appealed to the Board of Commissioners. If appealed, the Concept Plan shall be placed on the next regular meeting agenda of the Board of Commissioners. The Board of Commissioners shall have final approval authority, and, where applicable, all Concept Plans shall contain information and/or conditions approved by the Board of Commissioners. The Board of Commissioners in all such appeals shall make findings of fact in support of its decision. The applicant shall be notified, in writing, of the Board of Commissioners' decision within ten (10) days after said decision is made. III-D-2. Preliminary Plat Approval III-D-2-a.Application Requirements For every subdivision within the territorial jurisdiction established by Section I of this Ordinance, and which does not qualify for minor subdivision approval procedures, the subdivider shall submit a Preliminary Plat which shall be reviewed by the Planning Board and approved by the Board of Commissioners before any site disturbance, construction or installation of improvements may begin. Applications for major subdivision Preliminary Plat approval shall be filed with the Planning Department and shall contain the following information: • (1) Major subdivision checklist form as prescribed by the Planning Department; (2) Twenty-five (25) copies of the Preliminary Plat of the proposed subdivision prepared in accordance with Section V-C of this Ordinance; • (3) An Orange County Tax Map showing the location of the parcel to be subdivided; (4) Major subdivision application fees for Preliminary Plats as established by the Board of Commissioners; (5) A copy of the Preliminary Plat indicating Health Department soils analysis A-9 • 19 approval/denial for each lot shown thereon; (6) Where a private road is proposed a written statement by the applicant or his/her authorized representative which sets forth the justification for a private road; and (7) Auxiliary documents, in draft form, prepared in accordance with Section VI of this Ordinance which assure completion and/or maintenance of improvements required by this Ordinance. Such documents may include, but not be limited to, a private road maintenance agreement, and articles of incorporation and restrictive covenants pertaining to a homeowner's association. These, documents may be required as necessary as evidence that the ordinance requirements are being met. The Planning Department shall not accept any application unless it is complete in form and content, and the plat complies with the specifications for Preliminary Plat drawings as set forth in Section V-C of this Ordinance. An incomplete application shall be returned to the applicant within five (5) working days with notification of its deficiencies. III-D-2-b.Plannina Department Review Procedures, Upon acceptance of a preliminary plat application, the Planning Department shall determine if the plat and application conform with all applicable regulations, including any applicable conditions of an approved Special Use Permit. Auxiliary documents as required by Section III-D-2-a above shall be submitted by the Planning Department to the County Attorney for his/her review and recommendation. After having received a complete Preliminary Plat application from the subdivider, the Planning Department shall submit copies of the Preliminary Plat and any accompanying material to other officials and agencies for review and comment. Officers and agencies to which the Preliminary Plat shall be submitted include, but are not limited to, the following: (1) The District Engineer of the N.C. Department of Transportation as to proposed public streets, highways and drainage systems; (2) The Orange County Health Department as to A-10 20 proposed on-site water supply and sewage disposal systems; (3) The Board of Education of the appropriate school district as to the reservation of proposed school sites and the impact of the proposed subdivision on school enrollment capacities; (4) The Orange County Erosion Control Officer as to the erosion control and stormwater management plan; (5) The Orange County Recreation and Parks Advisory Council as to the location, suitability and facilities proposed for required recreation areas; (6) The Planning Department and/or Planning Board of the appropriate municipality where a courtesy review procedure has been established by agreement between the County and the municipality; (7) The appropriate utility provider where public or community water and/or sanitary sewerage • systems are proposed to serve the subdivision; (8) The Orange Soil and Water Conservation District as to a general soils description and interpretation; and (9) The County Attorney as to the format and appropriateness of proposed restrictive covenants, homeowners association agreements, road maintenance agreements, performance bonds and other similar documents. The officers and agencies designated above shall review the Preliminary Plat and shall provide a certification to the Planning Department- on the basis of the suitability, provisional suitability or unsuitability of the proposal. Where it is determined that alternative measures • are required in order for the proposal to be classified as "suitable" , a certification of "provisionally suitable" shall be provided. If agency approval is withheld on this basis, the agency shall identify the reasons for such classification and recommend measures through which the proposal may be made suitable. The Planning Board may recommend, and the Board of Commissioners • may approve, such measures as conditions of A-11 21 approval of the Preliminary Plat; provided, however, the recommending agency shall have the authority to enforce such measures. Where no alternatives are available to address the concerns of the agency or officer, a classification of "unsuitable" shall be provided. The agency or officer shall provide a list of the reasons which resulted in such designation. Upon receipt of the comments and recommendations from review officers and agencies, the Planning Department shall submit to the Planning Board a written analysis of the application and its recommendation. The report shall be prepared and submitted to the Planning Board within eighty-five (85) days of the date of acceptance of the application or within such further time consented to in writing by the applicant. If the Planning Department fails to prepare a report to the Planning Board within the specified time limit, or extensions thereof, the application is recommended without conditions. III-D-2-c.Planninq Board Review Procedures The Planning Board shall review the application and the Planning Department's report and shall prepare a written recommendation to the Board of Commissioners. All interested persons shall be given the opportunity to speak and ask questions regarding the application. The Planning Board may place reasonable and fair limitations on comments, arguments and questions to avoid undue delay. The _Planning Board shall-take action on the application solely on its findings as to compliance • with applicable regulations and conditions and shall: (1) Recommend approval of the application; (2) Recommend approval subject to conditions; or (3) Recommend denial of the application. The Planning Board shall prepare its recommendations within forty-five (45) days of the meeting at which the Planning Department's report is submitted to it or within such further time consented to in writing by the applicant. If the Planning Board fails to prepare its recommendation to the Board of Commissioners within the specified A-12 22 time period, or extensions thereof, the Planning Board shall be deemed to recommend approval of the application without conditions . If the Planning Board approves the application subject to conditions, such conditions shall be reasonable and shall seek to insure compliance with applicable regulations and the provision of utilities and/or other facilities needed to serve the proposed development. If the Planning Board recommends approval of the application with conditions, the applicant may amend his/her application to conform to all or some of the conditions, provided the Planning Department reviews the amended application for compliance with applicable regulations and certifies that the amendments conform to the conditions of the Planning Board recommendation. In such cases, the Planning Department may amend its report to conform to any or all of the Planning Board's recommendations. The Planning Department shall then forward its report and the Planning Board's recommendation to the Board of Commissioners at its next available regularly scheduled meeting. I/I-D-2-d.Board of Commissioners Review and Approval • Procedures • After receiving the Planning Department's report and the Planning Board's recommendations or, if applicable, the expiration of the time period prescribed in Section III-D-2-c, the Board of Commissioners shall consider the application and take action on the proposal. All interested persons shall be given the opportunity to speak and ask questions regarding the application. The Board of Commissioners may place reasonable and fair limitations on comments, arguments and questions to avoid undue delay. The Board of Commissioners shall base its action on its findings as to conformity with all applicable regulations and shall: (1) Approve the application; (2) Approve the application subject to conditions; or (3) Deny the application. The Board of Commissioners shall take action on the 1 proposal within forty-five (45) days of the meeting at which the Planning Board's recommendation is A-13 • , 23 submitted to it or within such further time consented to in writing by the applicant. If the Board of Commissioners fails to take action within the specified time period, or extensions thereof, the Board of Commissioners may be deemed to approve the application without conditions. • If the Board of Commissioners approves the application subject to conditions, such conditions shall be reasonable and shall seek to insure compliance with applicable regulations and the provision of utilities and/or other facilities needed to serve the proposed development. If the Board of Commissioners approves the application with, conditions or denies the application, the reasons for such decision shall be stated in writing to the applicant and entered into the minutes of the meeting at which such action was taken. In-D-2-e.Action Subsequent, to Approval Upon approval of the Preliminary Plat by the Board of Commissioners, the subdivider may proceed with the preparation of the Final Plat, and the installation of or arrangement for required improvements in accordance with the approved Preliminary Plat and the requirements of this Ordinance. If the application is approved or approved with conditions, the Planning Department may issue applicable development permits required to construct, install and use improvements approved as part of the Preliminary Plat approval. Except for the above improvements, no building permits shall be issued to develop any lot or parcel shown on the approved Preliminary. Plat until a Final Plat showing such lot or parcel is approved and recorded under this Section. Except as provided in Section III-D-2-c, the applicant shall submit an amended application for review as an original application if he/she proposes to substantially amend or modify his/her application after the Board of Commissioners have approved the Preliminary Plat. The approval of a Preliminary Plat shall be effective for a period of one (1) year from the date of approval by the Board of Commissioners. By the end of that time period, approval of the Final Plat must have been obtained from the Planning Board, although the plat need not have been A-14 24( recorded in the Office of the Register of Deeds.------ Any plat or portion thereof not receiving final approval within the time period set forth herein shall be null and void except under the following conditions: (1) The subdivision is built in sections or phases, and a phasing plan was approved as part of the Preliminary Plat; (2) The period between the approval date of the Preliminary Plat and the approval date of the Final Plat for the first phase does not exceed one (1) year; and (3) The period between the approval date of the Final Plat of the first phase and the approval date(s) of the Final Plat(s) of any subsequent phase(s) does not exceed the time limita specified in the R1411122 2i4.11 gi the Preliminary Plat. If no plAsIng plAn ig indicated, then the aeroil ketKeeA Final. Plat approvals shall not exceed six (6) months. Where a phasing plan for construction of the subdivision is approved, and construction may not begin until required utilities and/or other facilities are available to serve the development, the expiration date of the Preliminary Plat shall be governed by the time period(s) approved as part of the phasing plan. Where a time period has elapsed, the developer shall be required to resubmit a new Preliminary Plat for the tract or portion thereof for which approval has expired. The new plat shall be subject to all applicable regulations in existence at the time of resubmittal. III-D-3. Final Plat Approval //I-D-3-a.Application Requirements. Prior to approval of a Final Plat, the subdivider shall have installed the improvements specified in this Ordinance or guaranteed their installation as provided in Section VI . No Final Plat will be accepted for review by the Planning Department unless accompanied by written documentation acknowledging compliance with the improvement and guarantee standards of Section VI. The Final Plat shall constitute only that portion of the Preliminary Plat which the subdivider proposes to record and develop at that time. Such portion A-15 25 shall conform to all requirements of this Ordinance. Applications for major subdivision Final Plat approval shall be filed with the Planning Department and shall contain the following information: (1) Original mylar of the Final Plat and five (5) copies thereof prepared in accordance with Section V-D of this Ordinance; (2) Auxiliary documents, in final form, prepared in accordance with Section VI of this Ordinance which assure completion and/or maintenance of improvements required by this Ordinance. Such documents may include, but not be limited to, a private road maintenance agreement, articles of incorporation and restrictive covenants pertaining to a homeowner's association, and a letter of credit or performance bond; and (3) Major subdivision application fees for Final Plats as established by the Board of Commissioners. The Final Plat of the subdivision or any portion thereof shall be submitted not more than one (1) year after the date on which the Preliminary Plat was approved unless the subdivision is being developed in accordance with an approved phasing plan under Section III-C-2-e above. Otherwise, such Preliminary Plat approval shall be null and void, and the subdivider shall be required to resubmit a new Preliminary Plat for the tract or portion thereof for approval in accordance with the provisions of Section III-D-2 . The Planning Department shall not accept any application unless it is complete in form and content, and the plat complies with the specifications for Final Plat drawings as set forth in Section V-D of this Ordinance. An incomplete application shall be returned to the applicant - - within five (5) working days with notification of its deficiencies. III-D-3-b.Review and Approval Procedures Upon acceptance of a Final Plat application, the Planning Department shall determine if the plat and application conform with all applicable regulations, including any applicable conditions of A-1 6 26 an approved Special Use Permit. Auxiliary documents as required by Section III-D-3-a above shall be submitted by the Planning Department to the County Attorney for his review and recommendation. Upon receipt of the recommendation of the County Attorney, the Planning Department shall take action on an application solely on its findings as to conformity with all applicable regulations and shall: • (1) Approve the application; (2) Approve the application subject to conditions; or (3) Deny the application. If the Planning Department approves the application subject to conditions, such conditions shall be reasonable and shall seek to insure compliance with applicable regulations. If the Planning Department approves the application with conditions or denies the application, the reasons for such decision shall be stated in writing to the applicant within ten (10) days after said decision is made. The Planning Department shall take action within forty-five (45) days of the date of acceptance of the Final Plat application or within such further time consented to in writing by the applicant. If the Planning Department fails to take action within the specified time period, or extension thereof, the Planning Department shall be deemed to recommend approval of the application without conditions. III-D-3-c.Action Subsequent to Approval If the application is approved or approved with conditions, the Planning Director or his/her designated representative shall endorse his/her approval on a reproducible mylar original of the Final Plat. The applicant shall record the Final Plat in the Office of the Register of Deeds within ninety (90) days after the Planning Director's endorsement of approval. If such plat is not recorded within the specified time period, the Final Plat is void. The Planning Director may extend the time period, provided the applicant can demonstrate a good faith effort to comply with the deadline, but for reasons beyond his/her control, fails to meet the requirements for recordation A-17 - 27 within that period. All such plats shall conform to drawing specifications and certification requirements for Final Plats contained in Section V-D of this Ordinance. " - - • s -2i_submit-two--(-24-copd4s-af-Ike approverd-6/1-d7r-e-Corded-filial-plat-to-the-Planning Depert2eirtwithi-n-five-(5)-working_days_a_fter tJ . e - - -a - • esu 122 •u2 • " g-- p- a • 0 - • • - • 4312. The Planning Department shall record, the approved Final Plat, and auxiliary documentation as required in the conditions, of preliminary plat approval.. Final plats. auxiliary, documents submitted to and approved by the Planning Department by 10:0Q a.m. shall be recorded on the same day., III-D-4. Appeal Procedures The decision of the Planning Board regarding a • Final Plat application may be appealed to the Board of Commissioners . If appealed, the application. • shall be placed on the next regular meeting agenda of the Board of Commissioners. The Board of Commissioners shall have final approval authority, and, where applicable, all Final Plats shall contain information and/or conditions approved by the Board of Commissioners. The Board of Commissioners in all such appeals shall make findings of fact in support of its decision. The applicant shall be notified, in writing, of the Board of Commissioners' decision within ten (10) days after said decision is made. • A-18 28 V. SPECIFICATIONS. FOR PLAT DRAWINGS V-A. Applicability The requirements of this Section shall apply to the format of drawings. V-8. Concept Plan A Concept Plan shall be drawn in black ink or pencil to a scale of not less than two hundred (200) feet to the inch. The scale chosen shall be large enough to show all required detail clearly and legibly. The plan shall contain the following information: (1) A sketch vicinity map showing the location 1 of the subdivision in relation to the existing street or highway system; (2) The plotted boundaries of the tract from deeds or maps of record and the portion of the tract to be subdivided; (3) The total acreage to be subdivided, including tax map, block and lot number reference; (4) General descriptions of existing and proposed land uses within the subdivision and the existing uses of land adjoining it, including but not limited to readily identifiable easements, burial grounds, existing structures, natural areas, floodplain and watershed boundaries, railroad and street rights-of-way, major wood lines, water supply and sewage disposal lines, and storm drainage facilities which can be determined from aerial photographs, maps of record, State/Federal resource maps, and local planning documents; (5) The proposed street layout within the . subdivision, including travelway and right-of- way widths, and connection to existing streets; (6) The proposed arrangement of lots within the subdivision, including size and number; (7) The name, address and telephone number of the subdivider or owner and the person responsible for the subdivision design; S-1 29 (8) Scale, approximate north arrow and date of plat preparation; and (9) Name of subdivision. Two (2) copies of the Concept Plan shall be submitted to the Planning Department for review and approval in accordance with Section III-C-1 for minor subdivisions. Twenty-five (25) copies of the Concept Plan shall be submitted to the Planning Department for review and approval in accordance with Section III-D-1 for major subdivisions. A copy of the appropriate Orange County Tax Map shall accompany the Concept Plan. V-C. Preliminary Plat The Preliminary Plat or plans shall be prepared by a North Carolina registered land surveyor, professional engineer or registered architect or landscape architect, at a scale of not less than two hundred (200) feet to the inch nor more than twenty (20) feet to the inch. The scale chosen shall be large enough to show all required detail clearly and legibly. The plat shall be drawn in black ink or pencil, and the sheets shall be numbered in sequence if more than one (1) sheet is used. Approximate dimensions and locations are acceptable provided that on the Final Plat all information shall be based on an actual field survey. V-C-1. Title Block The title block shall contain the following information: (a) The proposed name of the subdivision, preceded by the words "Preliminary Plan of which shall not duplicate nor closely approximate, phonetically or in spelling, the name of any other subdivision in Orange County; (b) The scale, approximate north arrow, date of preparation and any other pertinent legend data; (c) County and township location; Parent Parcel Identification Number, tax map, block and lot number of the parcel; and deed book and page citations for the property to be subdivided; and S-2 30 (d) The name and address of the owner(s) of the land to be subdivided, the name and address of the subdivider if other than the owner, and the name, address, registration number and seal of the registered land surveyor, professional engineer or registered architect or landscape architect responsible for preparation of the plat. V-C-2. Vicinity Map A vicinity map showing the general location of the subdivision in relation to the surrounding area shall be placed on the plat. The vicinity map shall be shown at a scale of sufficient size to show the relationship of the tract to the existing street or highway system and readily recognized Orange County landmarks. Streets and roads shall be identified by State road number and name. V-C-3. Existing Site Data Information on existing conditions shall be shown as noted below. V-C-3-a. Boundary Lines The approximate or survey location, distance and bearings for boundary available information on lines of the tract shall be shown, as well as the location, width and purpose of all recorded easements and any readily, visible and apparent easements. The approximate location of boundary lines which abut the tract shall be shown as dashed lines. The boundary lines of the tract shall be shown by a heavy line which provides quick and easy distinction between the property to be subdivided and adjacent properties. The approximate location of corporate limit lines, township boundaries, and county lines shall also be shown on the plat as well as the names of owners of adjacent unsubdivided land. For adjacent subdivided land, the subdivision plat name, plat book and page number, and perimeter lot numbers abutting the tract to be subdivided shall also be shown. V-C-3-b. Streets and Transportation Systems. The location, name and right-of-way width of streets, roads and railroads abutting the tract, as well as surface material and width of travelways, shall be shown. Curb, gutters and culverts, if 5-3 31 ,._ existing, shall also be denoted and shown in cross- section as well as the location and width of alleys, sidewalks, bike lanes, transit systems, and bus stops. V-C-3-c. Utility Amtlma The location and size (if appropriate) of all above-ground installations of major electric, CATV and telephone transmission lines, underground gas transmission mains, underground water mains and sanitary sewer lines, and important storm sewer systems on or abutting the tract shall be shown. Information about underground installations of the utilities listed above shall be based on information obtained from the respective utility provider. V-C-3-d. Contour Information Existing contours on the tract shall be shown at vertical intervals of not more than ten (10) feet. Contours shall be referenced to mean sea level datum as obtained from the latest applicable U.S. Geological Survey topographic map or other geodetic bench mark shall be the source of the contour information noted. Where a field topographic survey of the tract has been performed, contours shall be referenced to a permanent identifiable bench mark. V-C-3-e. Other Conditions .Importa-nt Streams and rivers, ponds or lakes,, ,....majxm, o4s.-4411 , major swamps or marshes, and other natural areas identified in "An Inventory of Sites of Cultural, Historic, Recreational, Biolocical and Geological Significance in the Unincorporated Portion of Orange County" eps-the-ta.e.t-shall be shown. In addition, useah4e-manmade features-ewch--- as- including houses, barns, and known or identified cemeteries shall be shown in their approximate location. The zoning of the subject tract and adjacent properties shall be noted. V-C-4. Subdivision Layout Data Information on the proposed development shall be shown as noted below. 5-4 32r. t V-C-4-a. Site Calculations Site calculations shall be shown as follows and may be approximate, provided that the Final Plat shows all calculations based on an actual field survey: (1) Acreage in tract to be subdivided; (2) Lineal feet of road centerlines and approximate acreage within new street rights- of-ways; (3) Acreage in recreational areas and other non- residential uses; and (4) Total number of lots or parcels created. V-C-4-b. Lot Arrangement Proposed lot lines, lot and block numbers and the approximate dimensions and area of each proposed lot shall be shown on the plat. Lot areas exclusive of road right-of-way shall be shown. Blocks shall be consecutively numbered or lettered in alphabetical order and all lots in each block shall be consecutively numbered. Required building setback lines shall be shown for each lot or noted on the plat. In addition to the proposed lot arrangement, the location and approximate dimensions of all property to be set aside for recreational use or other public or private dedications, reservations or easements shall be shown. The purpose and conditions of the dedication, reservation or easements shall be noted: For recreation areas with improvements, a separate sheet shall be provided showing the proposed site dimension and improvements drawn at a scale of not less than fifty (50) feet to the inch, or at a different scale if approved by the Planning Director. V-C-4-c. Streets, and Transportation Systems The location, dimensions and classification (public or private) of all proposed streets, easements, alleys and other right-of-ways shall be shown on the plat. The location and dimensions of proposed pedestrian paths and sidewalks, bike lanes or paths, and bus stops, shall also be shown. Proposed streets, pavement or travelway widths shall be denoted as well as typical roadway cross sections. The approximate centerline radius shall be shown on • all proposed streets. S-5 I 33 Proposed street names shall be indicated on the plat. Such names shall not duplicate or approximate the name of any other street in Orange County except where a proposed street is the continuation or extension of an existing street. V-C-5. Utility and Drainage. Data Proposed utility systems shall be shown on the plat, including but not limited to, public or private community water supply systems, public or private community sewage disposal systems, and storm drainage facilities. Any easements associated with such utility systems shall also be denoted and the purpose for the easements designated on the plat. Floodway and watershed Data The boundaries of both the floodway and floodway fringe areas shall be designated and labeled on the plat as required by the Orange County Flood Damage Prevention Ordinance. For subdivision located within a water supply watershed of regional and/or local importance, the following information shall be designated and labeled on the plat: (a) Impervious surface data as required by Articles 6.23 and/or 6.24 of the Orange County Zoning Ordinance: (b) Stream buffers as required by Section IV-B-9-b of this Ordinance or Articles 6.23 and/or 6.24 of the Orange County Zoning Ordinance, whichever is greater; and (c) Stormwater detention and/or retention sites and undisturbed areas for infiltration purposes as required by Section IV-B-9-c of this Ordinance, the Orange County • Sedimentation and Erosion Control Ordinance or Articles 6.23 and 6.24 of the Orange County Zoning Ordinance, whichever is greater. V-C-7 . Landscaping and Buffer Data The following information shall be denoted on the Preliminary Plat to show compliance with the provisions of Section IV-B-8 of this Ordinance: 5-6 34 --- (a) Existing trees and/or vegetation to be preserved and proposed trees .and/or landscape materials to be installed as required by Section IV-B-8-b of this Ordinance or Article 12 of the Orange County Zoning Ordinance, whichever is greater. (b) Buffers as required by Section IV-B-8-d of this Ordinance or Article 12 of the Orange County Zoning Ordinance, whichever is greater. V-D. Final Plat The Final Plat shall be drawn in accordance with the requirements of G.S. 47-30 as amended and to the specifications of this Section. The plat shall be prepared by a registered land surveyor or engineer at a scale of not less than one hundred 1=)tOenetinne. irEicalChlrlaT7ets.:NerTOTrag% approval shall be a reproducible map in cloth, linen, film or other permanent material designed for drafting or drawing purposes. All Final Plats shall be carefully drawn with India ink or equally permanent and suitable black drawing medium. All Final Plats shall have an outside marginal size of not more than twenty-four (24) inches by thirty-six (36) inches nor less than eight and one-half (8-1/2) inches by fourteen (14) inches, including one and one-half (1-1/2) inches for binding on the left margin and one-half (1/2) inch borders on each of the other sides. Where size of land areas, or suitable scale to assure legibility require, plats may be placed on two (2) or more sheets with appropriate match lines-- provided the sheets are numbered in sequence. V-D-l. Plat Preparation All Final Plats shall be prepared, in accordance with the Manual of Practice for Land Surveying in North Carolina as prepared by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors. Su 'cient data shall be provided on the Fi - at to dete - 'ne readily the location, be- • g and length of a lines, and to re. .;, ,ce such lines upon the groun. . All map • as shall be by horizontal (level) • -- z ,rement and shall be correctly plotte. o t scale shown. Linear measurements sail be expra. ed in feet and hundredt, thereof and angula easurements by 5-7 I . - . ---- ------ 35 ------____ bearings in degrees, minutes and seconds. The \ linear error of closure shall not exceed one (1) / , f..t per 5,000 feet (1:5,000) . The angular error / of losure shall not exceed thirty (30) seconds 1/ tim-'- the square root of number of angles turned,/ Plus +) or minus (-) distances will not be / appro -d. ,-' Where a 0oundary includes or is formed by a curved line, the actual survey data from the point/of curvature • the curve to the point of tangency shall be sh• n on the face of the map as .standard curve data oNals traverse chords around the curve, including radi s, central angle, arc length, and chord distance \nd bearing. In unusual/ circumstances where non-tangent curves are used or found, the curve 'shall be noted as such. / V-D-1-a. Monuments and Markers // \ , Where control corners have been i established in compliance with Artic14\G.S. 39-32.1, 39-32.2, 39- 32.3 and 39-32.4, as amended,/the location and pertinent information as required in the reference statute shall be plotted 9/the Final Plat. . All other corners which are marked by monument or I natural object shall be s6 identified on the plat, , . and all corners of adjaOnt owners in the boundary lines of the tract being subdivided which are marked by monument or /natural object must be shown with a distance from /one or more 'of the subject tract's corners. Suitable notatiOn shall be provided on the Final Plat concerning those monuments and markers which were found on the property and those which were set by-\the surveyor or engineer. \ . At least one or more corners of the pro\perty shall be designated/by course and distance (tie) from a control monument as established by the North Carolina Geodetic Survey or the National Geodetic Survey when the property being subdivided lips within two thousand (2,000) feet of such monument or market. When such a monument or marker is\not availab e, the tie shall be made to some pertinent or re ily recognizable landmark or identifiabfe\ • point/ physical object or structure. The tie shall be s&mn on the Final Plat by bearing and distande an 1/or by coordinates, with a statement identifyi* t e monuments or markers and certifying an accuracy f at least one (1) foot per 10,000 feet (1:10,000) . S-8 i . 36 ------ V-D-2. Title Block A title block shall be placed on the plat which shall contain the following information: (a) The name of the subdivision, preceded by the words "Final Plat of which shall not duplicate nor closely approximate, phonetically or in spelling, the name of any other subdivision in Orange County, and, where the plat at hand is only part of a larger subdivision bearing the same name, the unit or section number of other necessary identification; (b) The graphic scale in feet per inch in words or figures and bar graph; a north arrow accurately positioned and designated as • magnetic north, true north, North Carolina State Plane Coordinate Grid System North or north referenced to a recorded instrument with the recording reference shown; the date or dates the survey was conducted; and any other pertinent legend data; (c) State, county and township location; tax map, Parent PIN, block and lot number references; and deed book and page number citations for the property being subdivided; and (d) The name and address of the owner(s) of the land being subdivided; the name and address of the subdivider if other than the owner; and the name and address, registration number and seal of the land surveyor responsible for preparation of the plat. V-D-3. Vicinity. Map A vicinity map showing the general location of the subdivision in relation to the surrounding' area shall be placed on the plat. The vicinity map • shall be drawn at a ..sca4-e-ef sufficient size to • show the relationship of the tract to the existing street or highway system and readily recognized Orange County landmarks. • V-D-4. Existing Site Data Information on existing conditions shall be shown as noted below. S-9 37 V-D-4-a. Boundary Lines The location, distance and bearings for the boundary line of the tract to be subdivided shall be shown on the plat. Areas not designated as lots shall be appropriately labeled. Approximate locations of corporate limits, township boundaries, and county lines shall also be shown on the plat as well as the names of owners of adjacent unplatted land. For adjacent land that is platted, the subdivision plat name, plat book and page number, and perimeter lot numbers abutting the tract to be subdivided shall also be shown. V-D-4-b. Other Conditions ...imper-r-sa4 Streams and rivers, major ponds or lakes, swamps and marshes, wo44414!a•Eea6, and ai& aigni44eatit natural features as identified in "An Inventory of Sites of Cultural, Historic, Recreational, Biological, and Geological Significance j , Unincorporated Portion, of Oranae County" - 4 —ta shall be shown on the • plat. In addition, manmade features etrcir-ers- including houses, barns, sheds, railroads and overhead utility lines shall be denoted. Cemeteries shall be shown if they are designated by a prior recorded instrument or if they are disclosed to or found by the surveyor during the course of the survey. All street rights-of-way which adjoin the boundaries of the tract being subdivided shall be shown with dashed lines and shall denote the right- -- of-way location and width. V-D-5. Subdivision Layout Data The lot design plan shall be drawn and shall show the following information: V-D-5-a. Lot Arrangement and Development potential The lot lines, Parent Parcel Identification Number, and lot and block numbers of each lot shall be shown on the plat. Blocks shall be consecutively numbered or lettered in alphabetical order and, all lots in each block shall be consecutively numbered. Lot and block numbers provided shall be in substantial compliance with those shown on the approved Preliminary Plat. The location and dimensions of all lot lines, S-10 38 • ' - , all new easements and any existing easements which are recorded or easements which are visible and apparent reservations , and areas dedicated to public or private use with notes stating their purposes shall be shown on the Final Plat. Lots shown on the Final Plat shall be substantially the same as those shown on the approved Preliminary Plat. The width of front, rear, and side yard gAtkagka shall hg stated on the plat. All lots which are of restricted development potential shall be noted dacigne4e4-on the Final Plat with reference to a separate recorded instrument IS -• •• •„ 7 • - e - _ 2" •e • • I :— • _ • e _ -•• • • •• = =e-recordad • - • • -t which describes the restricted lot(s) by metes and bounds - - f • - • - 110 hown_ion the F' s . • p . • . ._ &&e- fl , the lot as "Of restricted development potential because of (specify condition) , pursuant to Section IV-B-2 of the Orange County Subdivision Regulations" . V-D-5-b. Streets and Transportation Systems The location, dimensions and classification (public or private) of all streets, new easements or any existing easements which are recorded or which are visible and apparent uses, alleys and other public or private ways shall be shown on the Final Plat, including pedestrian and non-motorized vehicle easements. All streets intended for future extension either within or beyond the boundaries of the subdivision shall clearly be indicated on the Final Plat by the words, "Subject to future extension" . Street names, including State road numbers if applicable, shall be indicated on the Final Plat and shall not duplicate or approximate the name of any other street in Orange County except where a street is the continuation or extension of an existing street. V-D-S-o. Utility and Drainage. Data Construction plans shall be submitted to proper authorities, as required, to document any new public or private community water supply system, public or private community sewage disposal system, S-11 39 and storm drainage facilities. Written approval and a set of approved construction plans shall be submitted to the Planning Department prior to approval of the Final Plat. The location and purpose of all new easements for utility systems shall be shown on the Final Plat, including, but not limited to, sanitary sewers, septic tanks and nitrification fields, storm sewer lines, water mains, gas, transmission mains and o'ferhead electric, telephone and CATV transmission mains, and any other above or below ground utility systems which are contained within a designated easement. It is understood that utility distribution systems to individual lots for gas, electric, telephone, and TV cable service are customarily covered by "blanket easements" or "general easements" . If these. easements have been recorded, the recording data shall be shown on the plat. Otherwise, these easements need not be denoted on the plat. V-D-5-d. Floodway and Watershed Data The boundaries of both the floodway and floodway fringe areas shall be designated and labeled on the Final Plat as required by the Orange County Flood Damage Prevention Ordinance. For subdivisions located within a water supply watershed of regional and/or local importance, the following information shall be designated ,aa4— aabeled or referenced on the Final Plat: • (1) Impervious surface data as required by Articles 6.23 and/or 6.24 of the Orange County Zoning Ordinance shall be provided in a separate document to be recorded concurrently with the Final Plat. The Deed Book and Page. reference of.the document shall be noted on the Final Plat. (2) The width of stream buffers as required by Section IV-B-9-b of this Ordinance or Articles 6.23 and/or 6.24 of the Orange County Zoning Ordinance, whichever is greater shall be noted on the Final Plat. Development restrictions within the buffer shall be specified in a separate document to be recorded concurrently with the Final Plat. The Deed Book and Page, reference shall be noted on the Final Plat. S-12 40 - (3) Stormwater detention and/or retention sites and undisturbed areas for infiltration purposes as required by Section IV-B-9-c of this Ordinance or Articles 6.23 and/or 6 .24 of the Orange County Zoning Ordinance, whichever is greater shall be labeled on the Final. plat. Any restrictions or requirements associated with the detention/retention sites shall be specified in a separate document to be recorded concurrently with the Final Plat. The Deed Book and Page reference shall be noted on the Final Plat. V-D-5-e. Landscaping and Buffer Data -T-he-f-a- i-n-fermet-i-on-Shell be denoted on the U. al-Plat-to-sho,w-co • - - ' - = - 'WO ""'It...; • (1) Buffers as required by Section IV-B-8-d of this Ordinance or Article 12 of the Orange County Zoning Ordinance, whichever is greater shall be specified in a separate document to be recorded concurrently with the Final Plat. The Deed Book and Page reference shall, be noted on the Final Plat. V-D-6. Certificates and Endorsements, to appear on Final Plat f mo - - -lea -fl - gr S. V-D-6-a. Certificate of Survey and Accuracy_ The Final Plat shall be made by or prepared under the supervision of a registered land surveyor licensed to practice in the State of North Carolina and shall contain a certificate as required by Section 47-30 of the General Statutes and prepared in substantially the following form and acknowledged by a notary public: "I, , certify that this plat was drawn under my supervision from (an actual survey made under my supervision) (deed description recorded in Book , Page , etc. ) (other) ; that the ratio of precision is 1: ; that the boundaries not surveyed are shown as broken lines plotted from information found in Book , Page ; that this map was prepared in accordance with G.S. 47-30 as amended. Witness my hand and seal this day of , A.D. , 19 . " S-13 41 Seal or Stamp Surveyor Registration Number V-D-6-b. Certificates of Dedication and Maintenance (1) The following shall be printed on the Final Plat and shall be followed by the signature of the owner(s) of the property being subdivided as well as the proper notarial acknowledgment of the owner's signature: "The undersigned owner hereby certifies that the land shown hereon is located within the subdivision-regulation jurisdiction of Orange County and hereby freely dedicates all rights-of- way, easements, streets, recreation area, open space, common area, utilities and other improvements to public or private common use as noted on this plat, and further assumes full responsibility for the maintenance and control of said improvements until they are accepted for maintenance and control by an appropriate public body or by an incorporated neighborhood or homeowners association or similar legal entity. " Owner: Date: (2) Where a Final Plat shows a private road thereon, -e- = - = = , '.cd on the plat in the following form with the proper notarial - an instrument shall will be recorded contemporaneously with the recordation of this approved Final Plat which guarantees (a) right of access to any private road in the subdivision by all lots served by the road, and (b) maintenance for any private road in - - the subdivision at the standards set for approval. These guarantees of right of access and maintenance of the subdivision roads shall run with the land. Upon recordation the Deed Book and Page Number of - - the recorded document shall be referenced on the Final Plat. Owner: Date: V-D-6-c. Certificates of Approval. A Final Plat for a minor or major subdivision shall show the following form for Planning Department endorsement: "I hereby certify that the subdivision plat shown S-14 .42 hereon has been found to comply with the Orange County Subdivision Regulations. provided that this plat shall be recorded within s4-x-444—metithz agar of final approval, approved by the Orange County Planning Department on (Date) . " Planning Director or Authorized Agent ill A Final Plat for a major subdivision shall show thg following form for Planning Department endorsement: "I hereby certify that the subdivision plat shown hereon has been found to comply with the Orange County Subdivision Regulations. Provided that this plat shall be recorded within l-year of final approval, approved, by the Orange County Planning ' Department on (Date) . ". Planning Director, or Authorized Aggat (3). Where sewage disposal within all or a portion of a subdivision is to be accomplished through the installation and use of surface sewage disposal systems, the plat shall show the following form for Orange County Health Department endorsement: "General approval is hereby granted for lots as shown hereon as being suitable for subsurface sewage disposal. Before the initiation of construction, the location of the house or other structure and plans for the subsurface sewage disposal system shall be approved by the Orange County Health Department. " Environmental Health Officer: Date: (4) Where public streets are proposed in a subdivision, the plat shall contain a certification that the proposed roads meet the construction standards of the North Carolina Department of Transportation. V-D-6-e. Certificate of Exemption Where a division of property is found to be exempt from the provision of this Ordinance as specified in the definition of "subdivision" in Article 2, the plat shall show the following form for Planning Department endorsement: "I hereby certify that the division of property shown and described hereon is exempt from the Orange County Subdivision Regulations by definition. " 5-15 43 Planning Director or Authorized Agent; Date: V-D-6-f. Certificate of Notary Public All certificates and endorsement signatures on the Final Plat except those of the County Manager, Planning Board Chair, Planning Director and Environmental Health Officer shall be notarized by the statement of a Notary Public entered on the Final Plat. The Notary Public statement shall be shown in substantially the following form: "North Carolina County I, a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged the execution of the foregoing certificate. Witness my hand and seal this day of , Seal or Stamp Notary Public My Commission expires V-D-7 OTHER CERTIFICATES The following certificates shall be provided in a separate document to be recorded, concurrently with the Final Plat. The Deed Book and Page reference of the documents shall be noted on the Final Plat. V-D-7-a. Certificate of Improvements (1) If the required improvements are completed prior to the submission of the Final Plat, the following certificate _ . = e - shall be recorded followed by the signature of the County Manager: • "The County Manager hereby certifies that all improvements required by the Orange County Subdivision Regulations have been installed as specified by the approved Preliminary Plat for Subdivision and that said improvements comply with Orange County specifications. " County Manager: Date: (2) If the required improvements are not completed prior to the submission of the Final Plat and their completion is not insured by regulations applicable to developments financed by the U.S. Department of Housing and Urban Development, the following S-16 • 44 certificate shall be recorded followed by the signature of the County Manager: "The County Manager hereby certifies that (a) a surety bond in the amount of $ , (b) cash in the amount of $ , or (c) an irrevocable letter of credit by an approved institution and as approved by the Orange County Attorney, has been posted with Orange County guaranteeing that all improvements will be installed as specified by the approved Preliminary Plat for Subdivision. All required improvements must be completed within three hundred and sixty-five (365) days hereof. " County Manager: Date: S-17 45 r - done as necessary. The question was asked regarding who would be responsible for upgrading a private road if another day care center opened at a later time which generated more traffic than could be handled by the private road. Collins responded that this would be handled just like a subdivision that generated traffic increases; the day care center which generated the additional traffic would be the one responsible for any necessary upgrading of the private road unless this issue had been covered by a pre-existing Road Maintenance Agreement which included all property owners on the road. Jacobs asked where such a change would be listed to cover the change in number of children or any change that could require the updating of the Special Use Permit. Collins responded that a paragraph could be added after item e) as shown on the attached abstract to state: Each application shall be subject to annual review by the Orange County Planning Department to determine that the conditions of approval attached by the Board of Adjustment are complied with. MOTION: Best moved approval with the additions as suggested by Collins. Seconded by Eddleman. VOTE: Unanimous. d. Subdivision Regulations Text Amendments (1) Section III (New) - Application and Approval Procedure MOTION: Best moved approval as recommended by the - - Planning Staff with the effective date of February 1, 1989. Seconded by Dickinson. VOTE: Unanimous. _ (2) Section V (New) - Specifications for Plat Drawings . _ Best asked if the committee which included a representative from the Register of Deeds had approved the recording of a second document. Collins responded that they had and that the only thing to work on in that matter is the structure r"Ir 46 of that document. MOTION: Best moved approval as recommended by the Planning Staff. Seconded by Hamilton. VOTE: Unanimous. (3) Section IV-B-10 -Cluster Developments MOTION: Best moved approval as recommended by the Planning Staff. Seconded by Eddleman. VOTE: Unanimous. (4) Section III-C (Existing) - Procedure for Review and Approval of Minor Plats Jacobs explained that the Planning Staff recommendation is for the definition of minor subdivisions to allow the creation of up to four new lots within a two-year period. The recommendation of the Ordinance Review Committee is to allow the creation of up to three new lots. Collins explained that Commissioner Willhoit was concerned that through this amendment the County would be encouraging further piece-meal development of the residual. He explained that from staff research a large number (40%) of 1-3 lot major subdivisions have been created from • residual parcels with State Road frontage. He continued that Staff would continue to require the upgrading of roads and use the same • standards. This simply gives the individuals who own large tracts of land the right to further subdivide their property within a two-year period without having the expense of $210.00 for a one or two lot subdivision as opposed to a $60.00 fee for a minor subdivision for three lots. . . . . _ Best expressed concern with four-lot subdivisions • every two year period. Collins responded referencing the trend shown by staff research - - - which indicates that 26 lots out of 39 that were _ . created out of residual parcels since 1981 had - - State Road frontage. - - Best continued expressing concern that if the • ordinance is amended, more subdivision will occur -• on non-public roads and cause more extension of private roads. Collins explained by using an example that Staff still has the option to require upgrading of 1 1 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date January 3 . 1989 Action Agenda item # G -5c„ SUBJECT: PROPOSED SUBDIVISION REGULATIONS TEXT AMENDMENT (SECTION IV-B-10 CLUSTER DEVELOPMENTS) DEPARTMENT: PLANNING PUBLIC HEARING' Yes X No a ATTACHMENT(S) : INFORMATION CONTACT: Emily Crudup Proposed Ordinance Amendment Extension 574 Draft i1/28/88. Public-Hearing Minutes TELEPHONE NUMBERS: Hillsborough - 732-8181 Draft 12/19/88 Planning Board Durham - 688-7331 Minutes Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To consider a proposed amendment to Section IV-B-10 of Subdivision Regulations, Cluster Developments. BACKGROUND: During the last eighteen months, several cluster subdivision applications were submitted which proposed uses of the common open space such as nitrification fields for sewage disposal and/or stormwater detention which would be restricted for access. Access restrictions usually apply.where safety or soil compaction is a concern. As the Planning Board reviewed the subdivisions, they questioned whether sewage disposal was an appropriate use for the recreation/open space, especially in situations where the majority of the common area was restricted for use by the residents. Subsequently, an amendment was proposed to set a ceiling on the amount of required recreation/open space which may include uses which prohibit access. The proposed amendment was presented at public hearing on November 28. No citizen comments were received at that time. • • • • • • • The Planning Board recommended approval of the amendment by a unanimous vote at their meeting on December 19, 1988. There was no discussion of the amendment at that time. RECOMMENDATION: The Administration recommends approval of the proposed amendment. • 1 . • • • • 1 , 3 ‹ PROPOSED ORDINANCE AMENDMENT ORDINANCE: Subdivision Regulations REFERENCE: Section IV-B-10 Cluster Developments ORIGIN OF AMENDMENT: Staff X Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: X High Middle Low Comment: Minor Amendment Expected Public Hearing Date: November 28, 1988 PURPOSE OF AMENDMENT: To amend Section IV-B-10 of the Subdivision Regulations by limiting the amount of required open space designated for uses which prohibit access by the residents of a cluster subdivision. IMPACTS/ISSUES: During the last eighteen months, several cluster subdivision applications were sub- mitted which proposed uses of the common open space such as nitrification fields for sewage disposal and/or stormwater detention which would be resticted for access. Access restrictions usually apply where safety or soil compaction is a concern. As the Planning Board reviewed the subdivi- sions, they questioned whether sewage disposal was an appropriate use for the common recreation/open space, especially in situations where the majority of the common area was restricted for use by the resi- dents. EXISTING ORDINANCE PROVISIONS: IV-B-10-e Approval of Preliminary Plan (h) At least twenty percent of the gross land area is designated as common open space. 4 PROPOSED AMENDMENT: IV-B-10-e Approval of Preliminary Plan (h) At least twenty percent of the gross land area is designated as common open space. No more than fifty percent of the required common open space shall be used exclusively for Alwagg treatment systems, utilities, or other uses which prohibit access by the residents of the cluster subdivision. This restriction does not amly to areas of historic or natural significance which may be Rrotected hy. access restrictions. ----- ORDINANCE REVIEW COMMITTEE: 10-4-88 1 PLANNING BOARD: 12-19-88 BOCC: 5 copy of recorded plats to assure that staff is working with the true plat. Collins also noted that another reason for the staff to have a copy of a recorded plat is that sometime there is a lag between the time a plat is approved and a tax map is received showing the newly created lots. With a copy of the recorded plat in hand, it expedites the issuance of building permits. When plats are being reviewed for new subdivisions, it is very helpful to have a copy of the recorded in looking at the extension of road systems. The documents are needed in order for the Planning Staff to check off that conditions have been met -and the subdivision is built as it was approved. The copy of the recorded plat will be placed in the subdivision file along with all other materials relating to that subdivision. R. S. McClintock, Orange County resident, encouraged the Board to approve the recommendations as presented by the Planning Staff. He noted that the subdivision process he would have to do in order to provide a lot for his son from his -8 1/2 acre tract, would be much easier and less time consuming if these amendments were approved. Guido de Maere, Chair of the Real Property Section of the Orange County Bar Association, indicated he felt that great strides have been made in the right direction for the appproval process. He noted an item which was discussed at the meeting which the committee thought would be in the ordinance and now is being considered as an administrative which is the procedure of going from preliminary to final plat approval and recording. Under the new system, all conditions are set with preliminary plat approval. He felt that the ordinance should state that part of the approval is a list of requirements and that the Planning Department checks the conditions off as they are complied with, and the final plat can be recorded when all the requirements are met. He noted that the forms are administrative but he would like to see the procedure referenced in the ordinance. _ Ms. Scearbo responded that the Staff is continuing to work on the administrative mechanism to try and formulate a document which can contain some of the items - that are presently listed on the plat itself. • Motion was made by Commissioner Wilihoit, seconded by Commissioner Hartwell to refer this item to the Planning Board for a • recommendation to be brought back to the Board of Commissioners no . sooner than January. 3, 1989. • - - VOTE: UNANIMOUS. -- b. Section IV-C-10- Cluster Developments The Presentation was made by Emily Crudup. • 6 Motion was made by Commissioner Willhoit, seconded by Acting Chair Moses Carey, Jr. to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioners no sooner than January 3, 1989 . VOTE: UNANIMOUS. c. Section III-C (Existing) Procedures for Review and Approval of Minor Plats The Presentation was made by Emily Crudup. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioners no sooner than January 3, 1898. VOTE: UNANIMOUS. 5. FLOOD DAMAGE PREVENTION ORDINANCE TEXT AMENDMENTS a. Article 2 - Definitions (Definition of "Lowest Floor" and Article 4 Provisions for Flood Hazard Reduction (Equipment Design and Location) The Presentation was made by Eddie Kirk. Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioners no sooner than January 3, 1989. VOTE: UNANIMOUS. 6. EROSION CONTROL ORDINANCE AMENDMENTS a. Erosion Control Manual _ - - Motion was made by Commissioner Marshall, seconded by Commissioner Willhoit to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioners no _ sooner than January 3, 1989. VOTE: UNANIMOUS. b. Sections 5, 6, 17, 18, and 22 (Incorporation of design standards and specifications, administration procedures and notification procedures, and changes in enabling legislation) The presentation was made by Erosion Control Officer - Warren Faircloth. Motion was made by Commissioner Marshall, seconded by Commissioner Willhoit to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioners no or'42" . _ 7 „ • of that document. MOTION: Best moved approval as recommended by the Planning Staff. Seconded by Hamilton. VOTE: Unanimous. (3) Section IV-B-10 -Cluster Developments MOTION: Best moved approval as recommended by the Planning Staff. Seconded by Eddleman. VOTE: Unanimous. (4) Section III-C (Existing) - Procedure for Review and Approval of Minor Plats Jacobs explained that the Planning Staff recommendation is for the definition of minor subdivisions to allow the creation of up to four new lots within a two-year period. The recommendation of the Ordinance Review Committee is to allow the creation of up to three new lots. Collins explained that Commissioner Willhoit was concerned that through this amendment the County would be encouraging further piece-meal development of the residual. He explained that from staff research a large number (40%) of 1-3 lot major subdivisions have been created from residual parcels with State Road frontage. He continued that Staff would continue to require the upgrading of roads and use the same standards. This simply gives the individuals who own large tracts of land the right to further subdivide their property within a two-year period without having the expense of $210.00 for a one or two lot subdivision as opposed to a $60.00 fee for a minor subdivision for three lots. --Best expressed concern with four-lot- subdivisions-- - every two year period. Collins responded _ referencing the trend shown by staff research• which indicates that 26 lots out of 39 that were - created out of residual parcels since 1981 had • - State Road frontage. - - -- Best continued expressing concern that if the ordinance is amended, more subdivision will occur on non-public roads and cause more extension of private roads. Collins explained by using an example that Staff still has the option to require upgrading of ORANGE COUNTY BOARD OF COMMISIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 3, 1989 Action Agenda Item # 6-44 SUBJECT: PROPOSED FLOOD DAMAGE PREVENTION ORDINANCE TEXT AMENDMENTS ARTICLE 2 - DEFINITIONS ARTICLE 4 - PROVISIONS FOR FLOOD HAZARD REDUCTION DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk Proposed Ordinance Amendments Letter from Department of Crime Control and Public Safety Draft 11-28-88 Public Hearing Minutes Draft 12-19-88 Planning Board Minutes TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane -- 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider a proposed amendment to the Orange County Flood Damage Prevention Ordinance. BACKGROUND: The North Carolina Department of Crime Control and Public Safety has reviewed the Orange County Flood Damage Prevention Ordinance and recommended two changes. First., a definition of "lowest floor" should be added to the definition section to avoid confusion with the term "lowest habitable floor" . Second, a clarifying amendment concerning the el evation or floodproofing of electrical and mechanical equipment should be added to Article 4 Section 4.1(a) . The Planning Board recommended approval of the amendment by a unanimous vote at their December 19, 1988 meeting. There was no discussion of the amendment at that time. RECOMMENDATION: The Administration recommends approval of the proposed amendment. • 2 PROPOSED ORDINANCE AMENDMENT ORDINANCE: FLOOD DAMAGE PREVENTION ORDINANCE REFERENCE: Article 2 - Definitions Article 4 - Provisions for Flood Hazard Reduction ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public x Other: N.C. Department of Crime Control & Public Safety STAFF PRIORITY RECOMMENDATION: _x_High Middle Low Comment: EXPECTED PUBLIC BEARING DATE: November 28, 1988 PURPOSE OF AMENDMENT: To add a definition for "lowest floor" to the Flood Damage Prevention Ordinance to avoid confusion with the term "lowest habitable floor" and to add a second clarifying amendment concerning the design and location of electrical, plumbing and mechanical equipment. IMPACTS/ISSUES: The North Carolina Department of Crime Control and Public Safety has reviewed the Orange County Flood Damage Prevention Ordinance and it has been certified to the Federal Emergency Management Agency as meeting minimum federal requirements. There were two areas identified where they indicated clarification was needed. First, a definition of "lowest floor" should be added to the definition section. Second, a clarifying amendment concerning the design and location of electrical, plumbing, and mechanical equipment should be _ added. EXISTING ORDINANCE PROVISIONS: "Lowest Floor" - No present definition. Article 4 Section 4.1(a) - "No damageable portion of a structure located outside the floodway may be below the elevation what would be attained by the base flood if the stream were contained within the floodway. " a PROPOSED ORDINANCE PROVISIONS: Add to Article 2 - Definitions: Lowest Floor - the lowest floor of the lowest enclosed area (including basement) . An unfinished or floor resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. Add to Article 4 Section 4.1(a) - Provisions for Flood Hazard Reduction: Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. ********************************** ORDINANCE REVIEW SUBCOMMITTEE: PLANNING BOARD REVIEW: 10/17/88 BOCC REVIEW: 11/1/88 -16t-ft 4 North Carolina Department of Crime Conti ol and Public Safety • James G. Martin, Governor Division of Emergency Management Joseph W. Dean, Secretary 116 W.Jones Sr.. Raleigh, N. C. 27603-1335 (919) 733-3867 September 9, 1988 Mr. Greg Szymik, Planner III Orange County Planning Department 306-F Revere Road Hillsborough, N.C. 27278 Dear Mr. Szymik: • As indicated by the attached letter, Orange County's Flood Damage Prevention Ordinance has been certified to the Federal Emergency Management Agency as meeting minimum federalS requirements. However, during our review two areas were identified where clarification is needed. First, the ordinance uses the term "lowest floor" as required by the October 1, 1986 regulations; however, this term is not defined in the ordinance. To avoid confusion with the term "lowest habitable floor" , the definition for lowest floor should be added to the County's ordinance. Please see Attachment A for definition. • A second clarifying amendment concerning the elevation or flood- } proofing-of electrical and mechanical equipment should also be made to the ordinance. Article 4 Section 4 . 1( a) states that "No damageable portion of a structure located outside the floodway may be below the elevation what would be attained by the base flood if the stream were 1 . contained within the floodway". A more spe-i4i - statement regarding electrical and mechanical equipment is also found on Attachment A. When these changes have been made to the County' s ordinance, please send a -certified copy of the amendments to our office. 1 Please let me know if you have questions about this matter. 1 • Berry A. Williams, Jr. 1 State Coordinator National Flood. Insurance Program • cc: Mr. „7ames L. Self, Ass't Director 512 N.Salisbury Suter • P.0. Box 27467 • Ralcieh,N. C.2761146V An Equal Opponunity/Affirmative Action Employer . 5 Attachment A • "Lowest Floor" means the lowest floor of the lowest enclosed area (including basement) . An unfinished or floor resistant enclosure, usable solely for parking of vehicles, building - access or storage in an area other than a basement area is not considered a building' s lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this ordinance. Electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. • — - . • • • - - • 1 6 •. • • • Motion was made by Commissioner Willhoit, seconded by Acting Chair Moses Carey, Jr. to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioners no sooner than January 3, 1989 . VOTE: UNANIMOUS. c. Section III-C (Existing) Procedures for Review and • Approval of Minor Plats The Presentation was made by Emily Crudup. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioners no sooner than January 3, 1898. VOTE: UNANIMOUS. 5. FLOOD DAMAGE PREVENTION ORDINANCE TEXT AMENDMENTS a.• Article 2 - Definitions (Definition of "Lowest Floor" and Article 4 Provisions for Flood Hazard Reduction (Equipment Design and Location) The Presentation was made by Eddie Kirk. Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioners no sooner than January 3, 1989 . VOTE: UNANIMOUS. . 6. EROSION CONTROL ORDINANCE AMENDMENTS a. Erosion Control Manual 1 _ Motion was made by Commissioner Marshall, seconded by Commissioner Willhoit to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioners no _ sooner than January 3, 1989 . _ VOTE: UNANIMOUS. b. Sections 5, 6, 17, 18, and 22 (Incorporation of design standards and specifications, administration procedures and notification procedures, and changes in enabling • - legislation) The presentation was made by Erosion Control Officer Warren Faircloth. Motion was made by Commissioner Marshall, seconded by Commissioner Willhoit to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioners no r-lr Int Pk 7 r‘. private roads even in minor subdivisions. Eddleman asked who the applicants typically are who desire such subdivisions. Crudup responded that such subdivisions are usually requested by families desiring to give lots to their children or other family members. Yuhasz noted that his experience as a surveyor indicated to him that a developer would not choose such a method of subdivision because it is too time consuming and not economically feasible for a developer. He noted that the cost difference for individuals is much more than just the Planning Department fees. MOTION: Yuhasz moved approval as recommended by the Planning Staff (4 + 1 within a two-year time frame) . Seconded by Eddleman. VOTE: 8 in favor. 2 opposed (Best - felt this was not compatible with Long Range planning goals; Jacobs - felt that 3 +1 and two-year time frame is sufficient) . • e. Flood Prevention Ordinance Amendments (1) Article 2 - Definitions ( "Lowest Floor" ) and Article 4 - Provisions for Flood Hazard Reduction (Equipment Design & Location) f. Erosion Control Ordinance Amendments (1) Erosion Control Manual (2) Sections 5, 6, 17, 18, and 22 (Incorporation of design standards and specifications, administrative procedures and notification procedures, - - and changes in enabling legislation)' - - MOTION: Best moved approval of Agenda Items 10e and 10f. Seconded by Pilkey. . _ - - - VOTE - Unanimous. - - . _ 1 ORANGE COUNT BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date January 2, .1989 Action Agenda Item # &-rIck SUBJECT: SOIL EROSION AND SEDIMENT CONTROL MANUAL DEPARTMENT: PLANNING PUBLIC HEARING Yes X No ATTACHMENT(S) : INFORMATION CONTACT: List of recommended revisions and corrections from staff. Warren Faircloth Ext. 351 Draft November 28, 1988 Public Hearing Minutes. Draft December 19, 1988 Planning Board Minutes. Copies of the revised Manual were distributed previously. TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider the proposed Soil Erosion and Sediment Control Manual. BACKGROUND: The County's erosion control program has needed a manual of comprehensive standards for many years. The proposed manual is an effort to compile requirements and standards for designing site plans, for erosion control techniques and devices, and for presenting the erosion control plan. The proposed manual is a multi-year effort by the staff of the Erosion Control Division. Compiling the manual involved: collecting available standards and information on current erosion control practice; writing standards using the material plus practical experience of the staff; writing guidelines for site design based on staff experience with past sites; writing guidelines for negotiating the development approval process; soliciting comments from engineers and others involved in erosion control; and revising 2 the draft manual based on the received comments. The initial draft of the Manual was reviewed by the Planning Board and other persons, agencies, and firms involved in erosion control. Based on the comments received, staff obtained the services of a professional editor to edit the draft to improve arrangement, readability, and access to the material. The Manual presented at the hearing is the revised edition. The primary purposes of the Manual are: to formalize erosion control standards; to have the standards in written form and make them accessible to designers of developments in Orange County; to improve the effectiveness of erosion control techniques and devices; to be more consistent in the application of requirements and standards; and to improve the overall effectiveness of the County's erosion control program. Staff has proofread the Manual since it was distributed to the Board and recommends that the attached list of revisions and corrections be made in the Manual. Most of the changes are typographical errors that should be corrected before printing of copies for distribution. Other changes are minor corrections to improve clarity and correction of one paragraph in a design procedure to correct some minor errors and make it clearer. Staff recommends that $30.00 ($34.00 if mailed) be charged for the Manual without a binder; with a binder the charge would be $39.00 ($44.00 if mailed) . These prices barely cover the cost for printing and mailing. Staff believes that the Manual should be readily available to those who need it at a reasonable cost but not so cheap as to create a demand that will consume large amounts of staff time printing it. These prices are in line with what is charged for similar documents; the state charges $30.00 for its manual. The Manual was presented at the November 28, 1988 public hearing and there were no comments on it. The Planning Board considered the Manual at the December 19, 1988 meeting and recommended its approval. RECOMMENDATION: The Administration recommends approval of the proposed Manual with the proposed revisions and corrections and changes. L3. CORRECTIONS AND CHANGES TO BE MADE IN THE TEXT OF THE SOIL EROSION AND SEDIMENTATION CONTROL MANUAL NOTE: Page Numbers Refer to the Draft presented at the November 28, 1988 Public Hearing. Add title page with date of approval. Add page with acknowledgments. Page 1-3: under "GLOSSARY" , change "definition" to "definitions" . Page 1-4: last paragraph, last sentence, change "on the" to "and. " Page II-1: first paragraph, first sentence, change "Erosion and Sedimentation Control Manual" to "Soil Erosion and Sedimentation Control Manual" . Page 1I-4: third paragraph, first line, delete "off-site" ; last line on the page, delete the "-" in "performance-oriented" . Page III-1: second paragraph, add period at end of paragraph. Page 1I1-3: third paragraph, last sentence, delete "in the water" . Page II1-4: first paragraph, last sentence, change "decreased" to "decreases" ; second paragraph first sentence, change "grater" to "greater" . Page 111-7: second paragraph, second sentence, change "conditions" to "condition"; third paragraph, last sentence, change "increase" to "increases" . Page V-1: first paragraph, last sentence, delete "of the site" at the end of the sentence and insert "on-site and" between "erosion" and "downstream" . Page V-3: first paragraph, first line, change "requires" to "requirements"; second paragraph, last sentence, delete "the" before "starting" and "of" before "any" . Page V-5: sixth paragraph, first sentence, change "approval" to "approvals" . Page V-6: sixth paragraph, second sentence, change "a" to "an" . Page V-8: first paragraph, second sentence, change "; " to " : "; second paragraph, first sentence, delete "the" before "development" . Third paragraph, first sentence, delete "the" before "most"; second sentence, change "of" after "subdivision" to "or"; third sentence, delete "as long" . Forth paragraph, first sentence, change "he" before "proposed" to "the" . 4 4 Page V-9: first paragraph, second sentence, change "utilities" to "utility" . Second paragraph, last sentence, change "are" to "is" . . Third paragraph, first sentence, change "or" to "of" . Forth paragraph, last sentence, change "large" to "larger" . Page 10: add a sheet of "Narrative, Calculations, Etc. " . Page VI-4: sixth paragraph, last sentence, change "responsibility" to "responsible" . Page IV-5: second paragraph, last sentence, change "consideration: to "considerations" . Page IV-8: first paragraph, last sentence, change "requires" to "require" . Page VI-1-1: first sentence, under objectives, delete "process" ; first paragraph, last sentence, delete "to" . Page VI-1-2: first paragraph, second sentence, add "are" between "and not" . Page VI-1-3: last paragraph, last sentence, change "is" to "are" . Page VI-2-1: first paragraph, last sentence, change "interfering" to "interfere"; last paragraph, last sentence, change "date" to "data" . Page VI-2-2: third paragraph, second sentence, change "are used" to "is consulted"; last sentence, delete "County" . Fourth paragraph, third sentence, delete "on site" . Page VI-2-3: last paragraph, second sentence, change "conservations" to "conservation" . Page VII-1--1: first paragraph, first sentence, add "the" between "of site" . Page VII-1-8: last paragraph, first sentence, change "its" to "their" . Page VII-1-19: last paragraph, third sentence, add "should be" between "development" and "considered" . Page VII-1-21: second paragraph, add a period at the end. Page e VII-1-22: add two paragraphs missing from some copies of the manual. • Page VII-2-7: second paragraph, third sentence, add "to" between een "confined" and "the"; last paragraph, third sentence,nce � change e "construction to constructing construction of Page VII-2-14: third paragraph, forth sentence, change "repair" to wEsimiewisezzowaxiiss - "repairs" . Page VII-2-17: last paragraph, first sentence, change "pan" to "plan" . Page VII-3-2: first paragraph, last sentence, delete "the" before "Chapter 8" . Page VII-3-6: first paragraph, change "8" to "9" . Page VII-3-9: fourth paragraph, second sentence, add "new" between the first "the utilities" . Page VII-3-9: second paragraph, second sentence, add "graded" before "right-of-way"; fourth sentence, change "traps" to "trap" . Fourth paragraph, second sentence, change "contours" to "contractors" . Page vII-3-10: third paragraph, add " : " at the end; fourth paragraph, second sentence, change "could" to "would" . Page VII-3-12: fifth paragraph, fourth sentence, change "land-use" to "land use" . Page VII-3-15: third paragraph, third sentence, change "land-use" to "land use"; fourth paragraph, first sentence, change "use" to "used" . Page vII-3-17 : last paragraph, last sentence, change "outlet" to "outlets" . Page VII-3-18: first paragraph, last sentence, add "both" between "into the" ; delete "plan" in "site plan and"; add "pla;s" between "control to" . Page VII-3-20: second paragraph, last sentence, change "disperse" to "dispersed";. third paragraph, first sentence, add "being" between "are installed" . Page VII-3-23: last paragraph, second sentence, change "surface" to "surfaces" . Page VII-3-26: first paragraph, first sentence, change "construction" to "construct" . Page VII-3-37: last paragraph, second sentence, delete "this" . Page VII-3-38: fourth paragraph, third sentence, change "land-use" to "land use" . Page VII-3-39: first paragraph, first sentence, change "revision" to "revisions" . Page VII-3-42: third paragraph, change "land-use" to "land use"; 6 fourth paragraph, second sentence, change "conditions" to "a condition" . Page VII-3-44: third paragraph, sixth paragraph, change "illustrates" to "illustrate" . Page VII-3-46: redraw and relabel Figure 7-42. Page VII-3-47: sixth paragraph, change "land-use" to "land use" . Page VII-3-48: fifth paragraph, second sentence, change "then" to "than" . Page VII-3-54: second paragraph, last sentence, delete "to the success of" and insert "for successful" . Page VIII-5: third paragraph, first sentence, change "require" to "requires" . Page VII-8: first complete paragraph, second sentence, delete the first "to" and insert "and concluding with" . Page VIII-13: last paragraph, first sentence, change "demolitions" to "demolition" . Page VIII-18: sixth paragraph, first sentence, delete "-" in "performance-oriented" . Page VIII-21: fourth paragraph, last sentence, change "appendix" to "supplement" . Page VIII-29: seventh paragraph, first sentence, delete "-" in "performance-oriented" . Page VIII-32: second paragraph, change "form" to "from" . Page IX-2: first complete paragraph, third sentence, change "details" to "illustrations" . Page IX-Al-3: second paragraph, third sentence, change "before" to "for" . Page IX-A1-10: First sentence, delete "the" . Page IX-A1-14: second paragraph, change "appendix" to "supplement" . Page IX-Al-18: third paragraph, second sentence, change "18" to "12" . Page IX-A1-19: first paragraph, first sentence, change "extend" to "extent"; last paragraph, second sentence, change "18" to "12" and in the fourth sentence, change "over lap" to "overlap" . Page IX-A1-21: second paragraph, last sentence, delete the last 7' "stone" . Page IX-Al-22: third paragraph, change "appendix" to "supplement" . Page IX-Al-23: first paragraph, second sentence, change "these" to "there" . Page IX-A1-2: second paragraph, last sentence, change "rights of way" to "rights-of-way"; fourth paragraph, third sentence, insert a " between "higher dryer" and change "right of way" to "right-of- way"; fifth paragraph, change "groundcover" to "ground cover" . Page IX-A2-7: last paragraph, change "right of way" to "right-of- way" . Page IX-A2-9: third paragraph, next to last sentence, change "much" to "mulch" . Page IX-A2-13: first paragraph, first sentence, change "extend" to "extent" . Page IX-A2-14: second complete paragraph, second sentence, change "remove" to "move" . Page IX-A2-17: third paragraph, change "rip-rap" to "riprap" . Page IX-A2-21: second paragraph, change "groundcover" to "ground cover" . Page IX-A3-3: fourth paragraph, last sentence, insert a " , " between "obtained and" . Page IX-A3-4: fifth paragraph, second sentence, change "entrance/exit" to "construction exit" . Page IX-A3-10: first paragraph, next to last sentence, change "instruction" to "instructions" . Page IX-A3-13: fifth paragraph, delete "travelway with the"; eighth paragraph, change "again" to "against" . Page IX-A3-14: seventh paragraph, change "4 inch" to 4-inch"; ninth paragraph, first sentence, change "on site" to "on-site" . Page IX-A3-15: eight paragraph, add "and" between "broom then"; add "IF THE PERSON RESPONSIBLE FOR THE ninth paragraph: th e ni as DISTURBANCE FAILS TO TAKE INITIATIVE TO KEEP SOIL AND DEBRIS ON THE f k SITE ENFORCEMENT ACTION MAY BE TAKEN AGAINST THE SITE AND THE GRADING PERMIT REVOKED AND/OR A STOP WORK ORDER ISSUED." Page IX-A3-16: third paragraph, third sentence, change "Tf" to "It"; fifth paragraph, last sentence, change the last "to" to "for" li 8 Page IX-A3-17: second paragraph, last sentence, change "form" to "from" . Page IX-A4-5: third paragraph, first sentence, change "standards" to "standard" ; fourth paragraph, last sentence, change "rip-rap" to "riprap" . Page IX-A4-8: first and fifth paragraphs, change "rip-rap" to "riprap"; Page IX-A4-12: third paragraph, change "rip-rap" to "riprap" . Page IX-A4-13: under 6, delete "stone filter and" . Page IX-A5-2: first paragraph, delete "outlet"; fifth paragraph, delete the last "the"; sixth paragraph, third sentence, change "will" to "can" . Page IX-A5-8: under 4, second sentence, change "5 feet" to "10 feet" . Page IX-A6-1: seventh paragraph, change "conditions" to "locations" . Page IX-A6-12: fourth paragraph, change "a" to "at" . Page IX-A6-14: ninth paragraph, change "time" to "times" . Page IX-A6-17: second paragraph, second sentence, change "the symbol" to "it" . Page IX-A6-19 : second paragraph, change "appendix" to "supplement" . Page IX-A6-21: first paragraph, first sentence, delete "the" . Page IX-A7-1: fourth paragraph, change "below" to "beneath"; fifth paragraph, second sentence, delete "will" . Page IX-A7-2: fifth paragraph, last sentence, change the first "to" to "that" . Page IX- 7-5. las t paragraph, second sentence, change "negates" to "defeats" . Page IX-A7-8: first complete paragraph, second sentence, change "roots" to "root" . Page IX-A7-10: fifth paragraph, first sentence, change the second "of." to "in" . Page IX-A8-2: first paragraph, first sentence, change "at" to"this" ."below" ; in the second sentence, change "these" to Forth paragraph, . second sentence, change "measure" to "measures" , "channels" to "channel" , and "land-use" to "land use" . I F 9' Page IX-A8-3: fourth paragraph, last sentence, change "Conservations" to "Conservation" . Page IX-A8-4: second paragraph, delete "the" . Page IX-A8-7: lines 3 and 4, change "Velocity of" to "Peak rate of runoff for" . Page IX-A8-8: Substitute the following italicized paragraphs for the first two steps under "PROCEDURE. " Sten I: Estimate Velocity at the Outlet and Q10/Qfull' Using Figure 1, enter the slope of the pipe at the bottom and follow that slope up until it intersects the line for the diameter (D) of that pipe. From that intersection, read horizontally to the left scale and find the potential Qfull for that pipe on that slope. From the first intersection, find the Vfull for the pipe from the scale at a right angle to the line for the pipe size; read Vfull from the scale at the bottom of the slanted lines. Compute Q10/Qiull, proportion of value for full flow. Use the calculation of Q10 (the peak rate after development) and divide by the value of Qfull determined from Figure 1: Flow for circular pipe flowing full. Step 2: Estimate Depth of Flow, V10/Vfull, and Tailwater Conditions. Use the value of Q10/Qfull; enter it on the scale "Proportion of Value for Full Flow" of Figure 2, and go vertically to the solid line marked "FLOW. " From this intersection, move horizontally to the left to determine the value of d/D from the depth of flow scale. From the first intersection with the line "FLOW", move to the right until intersecting the solid line marked "VELOCITY, " and move down to the bottom scale to find the value of V10/Vfull. Calculate the actual depth of discharge, d. Using the value of d/D determined from Figure 2, enter D, the known diameter of the pipe, and calculate the actual depth of flow, d, for the Q10 in the pipe. Calculate the velocity of discharge for the 10-year storm, V10. Using the value of V10/Vfull determined from Figure 2, enter Vfull from Step 1, and calculate V10. If V10 exceeds the permissible velocity for the receiving channel (determined from Figure 9), outlet protection or other measures are needed to prevent erosion. Proceed with apron design or take steps to reduce V10, such as reducing the me slope or implementing stormwater management techniques. Determine tailwater conditions. If the depth of discharge 10 calculated above, d, is less than D/2, then minimum tailwater conditions exist; if d is greater than or equal to D/2, then maximum tailwater conditions exist. Page IX-A8-11: in the title for Figure 3, change "Stone" to "Zone" . Page IX-A8-12: first complete paragraph, second sentence, insert "of the downstream end of the apron" after the first "width"; second complete paragraph, second sentence, insert "and" between "bottom, go"; fourth complete paragraph, insert "in Figure 7" after "Riprap" . Page IX-A8-17: fifth paragraph, delete "the" before "mud" . Page IX-B2-2: first complete paragraph, last line, change "the reason" to "why" . Page IX-B2-3: second complete paragraph, first sentence, change "these devices" to "filter strips" . Page IX-B3-7: last paragraph, second sentence, change "6 inches" to "12 inches" . Page IX-B4-1: first paragraph, first sentence, change "wooded" to "wooden" . Page IX-B4-2: under 3, change the first "of" to "on" . Page IX-84-3: first complete paragraph, first sentence, change "read" to "ready" . Page IX-B4-6: second complete paragraph, first sentence, change "deign" to "design" . Page IX-B4-9: under 9, add "For example: " before the two examples. Page IX-B5-3: last paragraph, last sentence, change "locations" to "location" . Page IX-B5-8: third paragraph, first sentence, change "details" to "illustrations" . Page IX-B5-11: under 9, add "For example: " before the two examples. Page IX-B6-2: first complete paragraph, third sentence, change "Here water will pond" to "Ponding" , and add "will" between "device and" . Page IX-B6-7: next to last paragraph, last sentence, add "outlet" between "fence must" . Page IX-B7-1: second paragraph, add "the" between "in each" . Page IX-B7-11: add "Proposed Development" to illustration. 11 Page IX-B7-15: under 4, second sentence, change the second "to" to "so" . Page IX-B7-16: first complete paragraph, third sentence, insert "must" between "plans also" . Page IX-B7-17: second complete paragraph, first sentence, change the second "of" to "in" . Page IX-B7-19: third paragraph, first sentence, change "diversion" to "diversions" . Page IX-B7-23: seventh paragraph, change "bypass" to "by-pass Page IX-B7-24: in the fifth, sixth, and eight paragraphs, change "bypass" to "by-pass"; in the eight paragraph, last sentence, change "diversion" to "diversions" . Page IX-B7-25: first line, insert "a" between "in manner" . Page IX-B7-27: second paragraph, third sentence, change "bypassing" to "by-passing" . Page IX-B7-30: fourth paragraph, change "bypass" to "by-pass" . Page IX-B7-31: first line, change "bypass" to "by-pass" ; third paragraph, change "bypassing" to "by-passing" . Page IX-B7-33: second paragraph, last sentence, change "bypassing" to "by-passing" . Page IX-B7-36: fourth paragraph, change "bypass" to "by-pass" . Page IX-B7-37: first line, change "bypass" to "by-pass"; fifth paragraph, change "bypassing" to "by-passing" . Page IX-B7-41: last paragraph, first sentence, insert "a" between "of pipe Page IX-B7-44: under 6, last sentence, insert "a" between "Leave gap" . Page IX-B9-2: last complete paragraph, second sentence, change "on" to "used across" and "and" to "and/or" . Page IX-B9-4: first paragraph, second sentence, change "bypass" to "by-pass" . Forth paragraph, first sentence, insert "to" between "and design" . Fifth paragraph, first sentence, change "three" to "two" . Insert Figures 1 and 2 that are referred to in the second paragraph but were inadvertently omitted. Page IX-B9-6: last paragraph, second and third sentence, change "details. Use" to "details; use" . 12 Page IX-B9-13: first paragraph, last sentence, change "letter" to "letters" . Page IX-139-17: under 2, change "bypass" to "by-pass" . Page IX-89-18: under 7, second sentence, insert "the" between "in filter" . Page IX-B9-22: first complete paragraph, first sentence, change • "bypassing" to "by-passing" . Page IX-B9-24: on the illustration of the section of a stone filter outlet, change the minimum top width from "2" to "4' " . Page IX-B9-26: under 2, change "bypass" to "by-pass" . Page IX-B9-27: under 8, insert "to create the" between "riprap filter" . Under 1, change "bypassing" to "by-passing" . Page IX-B9-28: under 4, change "bypass" to "by-pass" . Page IX-B10-10: first paragraph, change "Trash Guard and Anti- vortex Device" to " Anti-vortex Device and Trash Guard" . Page IX-B10-4: second paragraph, first line, change "Figure" to "Figures" and "illustrates" to "illustrate" . Third paragraph, third sentence, change "outflow" to "outlet" . Page IX-B10-9: third paragraph, change "bypass" to "by-pass: Page IX-B10-14: second paragraph, add a period at the end. Sixth paragraph, change "Trash Guard and Anti-vortex Device" to "Anti- vortex Device and Trash Guard" . Page IX-B10-18: last paragraph, third sentence, change the first Page IX-B10-20: under 3, change "details" to "illustrations" .. Page IX-B10-21: third paragraph, first sentence, change the second of to "in" . Page IX-B10-22: under 2, change "engineering" to "engineer"; under 4, change "that" to "the" . Page IX-B10-23: first paragraph, last sentence, insert "before" between "pipe allowing"; under 1, change the first "has" to "have" . Page IX-B10-24: under 2, add "DO NOT DISPOSE OF SEDIMENT IN MANNER THAT WILL CREATE AN EROSION HAZARD. " ; under 4, change "basing" to "basin" . Page IX-B10-25: first paragraph, change "appendix" to "supplement"; fourth paragraph, third sentence, change "baffle" to "baffles" . 1 13' Page IX-B10-32: change "Figure 2" to "Table 1" . Page IX-B10-42: second paragraph, first sentence, change "permanents" to "permanent" . Page IX-B10-43: in the title, change "Figure 1" to "Table 1" . Page IX-B10-52: first paragraph, second sentence, change "place" to "plate"; add illustration of anti-vortex device and trash guard. Page X-1: first definition, change "land disturbing" to "land- disturbing" . Page X-2: under definition of "Development" , change "buy" to "but" . Page X-3: under definition of "Land Disturbing Activity" , change "Land Disturbing" to "Land-Disturbing" . Add a revised copy of the Orange County Soil Erosion and Sedimentation Control Ordinance including the latest adopted revisions. Add revised application forms and instructions that reflect amendments to the Ordinance. Update the history in Appendix Four. mmav 14 (Equipment Design and Location) The Presentation was made by Eddie Kirk. The North Carolina Department of Crime Control and Public Safety has reviewed the Orange County Flood Damage Prevention Ordinance and recommended two changes. First, a definition of "lowest floors should be added to the definition section to avoid confusion with the term "lowest habitable floor's . Second, a clarifying amendment concerning the elevation or floodproofing of electrical and mechanical equipment should be added to Article 4 Section 4. 1(a) . Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioners no sooner than January 3, 1989. VOTE: UNANIMOUS. 6. EROSION CONTROL ORDINANCE AMENDMENTS a. Erosion Control Manual The presentation was made by Warren Faircloth, Erosion Control Officer. The proposed manual (copies distributed previously) is an effort to compile requirements and standards for designing site plans, for erosion control techniques and devices and for presenting the erosion control plan. The primary purposes of the Manual are: to formalize erosion control standards; to have the standards in written form and make them accessible to designers of developments in Orange County; to improve the effectiveness of erosion control techniques and devices; to be more consistent in the application of requirements and standards; and to improve the overall effectiveness of the County's erosion control program. Motion was made by Commissioner Marshall, seconded by • Commissioner Willhoit to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioners no - -. sooner than January 3, 1989. VOTE: UNANIMOUS. b. Sections 5, 6, 171 18, and 22 (Incorporation of design standards and specifications, administration procedures and notification procedures, and changes in enabling legislation) The presentation was made by Erosion Control Officer Warren Faircloth. • , .. . I iii] il-r\ T If _ i 5 Hazard Reduction (Equipment Design & Location) f. Erosion Control Ordinance Amendments 0 (1) Erosion Control Manual (2) Sections 5, 6, 17, 18, and 22 (Incorporation of design standards and specifications, administrative procedures and notification procedures, and changes in enabling legislation) MOTION: Best moved approval of Agenda Items 10e and 10f. Seconded by Pilkey. VOTE: Unanimous. 1 • 1 1 - 1 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date Jan_ary y - g Action Agenda, Item # SUBJECT: PROPOSED AMENDMENTS TO THE EROSION CONTROL ORDINANCE o DEPARTMENT: PLANNING PUBLIC HEARING Yes INFORMATION CONTACT: ATTACBMSN`'(S) Warren Faircloth Proposed amendments. Ext. 351 Draft November 28, 1988 Public Hearing Minutes. Draft December 19, 1988 Planning TEyEp�tONE NUMBERS: Board Minutes. Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To consider proposed amendments torthe,ErosionuControl Ordinance presented at the Novembe hearing. BACKGROUND: The Soil Erosion and Sedimentation Control Ordinance o . e is proposed for revision to adopt and incorp reference the design standards of the sSol oiloErr ip1and Sedimentation Control Manual. Staff several changes to administrativ e veSproeedurestature, revisions recently passed by and changes in notification procedures as recommended by the County Attorney. Refer to the attachment for the proposed amendments and comments on each. These amendments were presented at the November 28, 1988 public hearing, and there were no comments on them. The Planning Board considered these amendments at the December 19, 1988 meeting and recommended approval. RECOMMENDATION: The Administration recommends approval of the proposed amendments. 2 PROPOSED ORDINANCE AMENDMENT ORDINANCE: EROSION CONTROL ORDINANCE REFERENCE: Sections 5, 6, 17, 18, 18.1, and 22 ORIGIN OF AMENDMENTS: X staff _____ Board BOCC Public X Other: County Attorney State Legislature STAFF PRIORITY RECOMMENDATION: High _X_ Middle Low Comment: EXPECTED PUBLIC REARING DATE: November 28, 1988 PURPOSE OF AMENDMENTS: To make the proposed Soil Erosion and Sediment Control Manual the standards for Orange County; to make changes in administrative procedures; to make revisions recently passed by the State Legislature; to make changes in notification procedures recommended by the County Attorney. IMPACT/ISSUES: The amendment making the Soil Erosion and Aeitimegt gontgal =nal the standards for Orange County (Sections 18d and 18.1) will: - provide written comprehensive standards for erosion control measures and erosion control plan content; - improve performance of measures; - improve consistency in the enforcement and implementation of plans. The amendments relating to AARLILEtmatime (Sections 6b, 17b and d, and 18a and c) will: - delete erosion control plan waivers for disturbances between 20,000 and 40,000 square feet, which have not been granted in the past several years; - will clarify the expiration of approvals and permits and lengthen validity from 6 months to one year; - will require the person submitting the erosion control plan to respond to staff comments and complete the process in a reasonable amount of time. The amendments relating to changes in the State &tae.eg. 3 (Sections 5d, 17f, 18f, and 22a[1,3] ) will: - give the county jurisdiction over disturbances licensed by the State or United States; - will reference changes in the State Building Code requiring erosion control plan approval before a building permit can be issued; - requires out-of-state applicants to have an in-state agent; - allows a one-time $1,000 penalty for failure to submit an erosion control plan before starting land-disturbing activity. The amendment recommended by the gougtz Attagn2y (Section 22a[1] ) clarifies the reference to "reasonable means" of notification of violators. EXISTING ORDINANCE PROVISIONS: Refer to the attachment which • includes the existing provisions with a line through those portions to be deleted. PROPOSED ORDINANCE PROVISIONS: Refer to the attachment which includes the proposed revisions underlined and a commentary in italics. ****************************** ORDINANCE REVIEW SUBCOMMITTEE: October 4, 1988 PLANNING BOARD REVIEW: October 17, 1988 BOCC REVIEW: November 1, 1988 PLANNING BOARD REVIEW: November 21, 1988 PUBLIC HEARING: November 28, 1988 PLANNING BOARD APPROVAL: December 19, 1988 ' I 4 PROPOSED AMENDMENTS TO THE ORANGE COUNTY EROSION CONTROL ORDINANCE The Erosion Control Division staff is proposing that the following changes be made to the Ordinance. These changes address administrative procedures, making the proposed Soil Erosion and Sediment Control Manual the standards for Orange County, and other amendments to the State's Ordinance that were recently adopted. The underlined text will be added to the Ordinance and the text that is marked through will be deleted. Brief commentaries are included in italics to explain each change. Section 5 Exclusions (County-wide) This ordinance shall apply to land disturbing activities undertaken by any person, with the following exclusions: a. Those undertaken on agricultural land for the production of plants and animals useful to man, including but not limited to: forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, . including beef cattle, sheep, swine, horses, ponies, mules or goats, including the breeding and grazing of any or all such animals; bees and apiary products; fur• animals; b. Those undertaken on forestland for the production and harvesting of timber and timber products. C. Activities undertaken by persons as defined in G.S. 113A-52(8) who are otherwise regulated by the provisions of G.S. 74-46 through G.S. 74-68, the Mining Act of 1971. d. Those land-disturbing activities over which the State by statute, has exclusive regulatory jurisdiction, which are activities: (1) Conducted by the State, (2) Conducted by the United States, (3) Conducted by persons having the power of eminent domain, (4) Conducted by local governments, - - (6) J . Funded in whole or in part by the State or the United States. • 5 COMMENTARY: Line 3 will be deleted in response to changes to the State Statutes. This change would be effective January 1, 1989. Section 6 General Requirements for Areas Other Than University Lake Watershed a. Protection of Property - person(s) conducting land- disturbing activities shall take all reasonable measures to protect all public and private property from damage by such activities. This requirement shall apply to any areas to be disturbed, regardless of the size of the area to be uncovered. b. Erosion Control Plan Requirement - Prior to the commencement of any land-disturbing activity that will result in the uncovering of more than 20,000 square feet of land, the person(s) conducting the land-disturbing activity must prepare and submit an Erosion Control Plan for the proposed site. The Plan must be approved and a Grading Permit obtained prior to the start of the disturbance. "- - Z - • tr .V1wg • . , • -tit : : COMMENTARY: Experience has shown that Plan Waivers for disturbances of 20,000 to 40,000 square feet are inappropriate, and practice has been not to grant them. A plan is needed showing the site, erosion control, and stabilization so that staff can determine if adequate controls will be provided and to know who to contact if problems arise. Many of the sites that fall into this category are simple and, therefore, require simple plans. However, some sites in this category, particularly. in urban areas, can be difficult and require detailed plans. Section 17 Permits a. No person shall undertake any land-disturbing activity which would require the uncovering of 20,000 square feet or more of land without first obtaining the required approvals and permits from the Erosion Control Officer. • Permit Application forms must be signed by the landowner or his authorized agent. The agent signing must have a signed letter of authorization from the owner. No permit is required for the following activities: 1. For the purpose of fighting fires. 6 2. For the stock piling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off-site damage. 3. For disturbances that do not exceed 20,000 square feet in surface area. In determining the area, contiguous lands under one or diverse ownership being developed as a unit will be aggregated. b. Erosion Control Plan Approvals lated-441mia--Wa-iver - An Erosion Control Plan must be submitted to the Erosion Control Officer when the proposed land disturbance is greater than 20,000 square feet. 4eweve.r--7- • * - - • . -:. : - - * - 4 - •* " - e , ! ! ! . := I , justified. c. Before starting a land-disturbing activity greater than 20,000 square feet, the owner or his agent shall obtain a Grading Permit from the Erosion Control Officer. Erosion Control Plans or Plan Waivcro must be approved before a Grading Permit will be issued. Grading permits may be obtained when the Plan or Waiver is approved or prior to the start of the land disturbance. COMMENTARY: References to Plan Waivers will be deleted. d. Expiration of Permits - - and Plan Waivers expire if the land dioturbing activity - . • ' • Erosion Control Plan Approvals expire one year after, the approval, date unless the and disturbance is started as defined below. A Grading Permit must be obtained, before beginning the disturbance and, mav be obtained, at any time as long as VIA Plan Approval is valid. Grading Permits enir_e with the expiration Q . Plan Approval, unless the disturbance is begun. Once the disturbance laggin a Grading Permit is valid for a period of two years starting with the commencement of the disturbance, as defined below. The Grading Permit must he renewed if. the 7 disturbance continues more than two ygaga.... The gallastel fee is one half the original fee and is 301..__.id for one year. COMMENTARY: The expiration of approvals and permits needs clarification. Presently, the Ordinance implies that obtaining a Grading Permit extends the validation of the plan approval. To avoid this confusion, the Ordinance would be amended as above. This change would apply to plans approved after adoption of the amendment. Approvals and permits should be valid for a reasonable period of time to allow the holder to obtain all the necessary approvals and permits required before beginning the disturbance. In some instances this may require many months while detailed engineering plans are made and approved. These changes would apply to erosion control plans approved after adoption of the amendments. The land disturbing activity is considered to have started when the necessary erosion control practices have been properly installed and the site clearing or grading has begun. e. The County may establish such fees as considered necessary to defray costs of administering this ordinance. f. Pursuant to G.S. Section 153A-357, no building pAralt shall be issued unless a_n, erosion control, plan has been approved, where such approval is Eggnirkiit„ for the site of the activity or a tract of land including the site of the activity. COMMENTARY: Paragraph f. is will be added in response to changes in State statutes. This change will be effective January 1, 1989. Whenever a person conducting a land-disturbing activity is not complying with the provisions of this ordinance, the Grading Permit, the Approved Erosion Control Plan or any amendments to the Plan, the Erosion Control Officer may revoke the Grading Permit for the site. Notice of Revocation shall be sent by registered or certified mail to the person conducting the land-disturbing activity. In the event delivery cannot be accomplished by registered or certified mail, it may be accomplished in any manner provided in Rule 4 (j) of the North Carolina Rules of Civil Procedure. Upon receipt of the Revocation Notice, the person responsible must immediately order all land- disturbing activities to cease except those which are specifically directed towards bringing the site into compliance. Once the site has been inspected and remedial mi=aR0P...magne. 8 work approved by the Erosion Control Division, the responsible party may reapply for .a Grading Permit and pay the appropriate fee. Resumption of land-disturbing activities other than those necessary to bring the site back into compliance before the reissuance of the Grading Permit will constitute a violation of the Ordinance. The person conducting the land-disturbing activity may appeal the revocation of a grading permit following procedures set out in Section 21f of this Ordinance. Section 18 Erosion and Sedimentation Control Plans a. An Erosion Control Plan shall be prepared for all land- disturbing activities subject to this ordinance whenever the proposed activity is to be undertaken on a tract comprising more than 20,000 square feet, if more than 20,000 square feet are to be uncovered. The Plan shall be filed with the Erosion Control Officer and the Orange Soil and Water Conservation District, 30 days prior to the commencement of the proposed activity. . • .• COMMENTARY: The reference to Plan Waivers will be deleted. b. The Orange Soil and Water Conservation District, within 20 days of receipt of any plant or within such additional time as may be prescribed by the Board of Commissioners of Orange County, shall review such plan and submit its comments and recommendations to the Erosion Control Officer. Failure of the District to submit its comments and recommendations to the Erosion Control Officer within the prescribed time will not delay final action on the plan. c. The Erosion Control Officer will review each plan submitted and within 30 days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or disapproved. Failure to approve or disapprove a complete erosion and sedimentation control plan within 30 days of receipt of the complete plan shall be deemed approval. Denial of a plan must specifically state in writing the reasons for denial. The County must approve or deny a revised plan within 15 days of receipt, or it is deemed to be approved. If, following commencement of a land-disturbing activity pursuant to an approved plan, the County deter- mines that the plan is inadequate to meet the require- 9 ments of this ordinance, the County may require such revisions as are necessary to comply with this Ordinance. When the person or firm si_km_33_, gtin the plan laila g. respond to comments or correspondence from the EresIgu. Control Division staff with either =gifted plenkiar written correspondence within 90 daya, the Division will assume that the application for Rian apargy.41 haa haan abandoned. The Division will giza warning in writing tg the Rarnam (2r. firm submitting the flan hat= tannLIALLIg the review. Plan review fees are not refundable wten An application is abalwIlmed.„ • COMMENTARY: Occasionally an erosion control plan will be submitted, a response made from the Erosion Control staff • concerning changes, modifications, etc., and no response is ever received from the person submitting the plan. This • happens when delays occur (sometimes for months or years), other approvals necessary to complete the project cannot be obtained or the project is abandoned for other reasons. The I . Ordinance should provide for a reasonable amount of time for the applicant to submit an plan that can be approved and complete the process so that staff can complete the review or know that the project has been abandoned. The proposed amendment provides a procedure to inform the applicant that time is running out and giving an opportunity to continue or terminate the process. In order to be considered complete, a plan submitted for approval must contain the proposed erosion control plan, the completed application, the statement of financial responsibility and ownership, and the plan review fee. The 30 day review period begins when all of the components of the complete plan are received. d. The plan required by this section shall contain such architectural and engineering drawings, maps, • assumptions, calculations, and narrative statements as are needed to adequately describe the proposed develop- ment. of the tract and the measures planned to comply with the requirements of this ordinance. The plan shall comply with all applicable State and local regulations for erosion and sediment control. Plan content may vary to meet the needs of specific site requirements. • • • • Control on Construction Sites, ' or fro =he Yrecion Control Officer on rcqucct. COMMENTARY: The above paragraph will be deleted and a reference to acceptable standards provided in Section 18.1. 10 e. Application for amendment of an erosion control plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the Erosion Control Officer, the land-disturbing activities shall not proceed except in accordance with the erosion control plan as originally approved. If the Erosion Control Officer, either upon review of the Erosion Control Plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, revisions to the plan will be required. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the Erosion Control Officer. • f. Erosion Control Plans shall be accompanied by an authorized statement of financial responsibility and ownership. This statement shall be signed by the person I i* financially responsible for the land-disturbing activity or his/her attorney-in-fact. The statement shall include the mailing and street addresses of the principal place of business of the person financially responsible and of the owner of the land or their registered agents. If ngt a resident, g . Carolina, the applicant must designate a North Carolina agent and include that agent's name and address j , Statement for the purpose of receiving notice of compliance or nowligaail1WANith. plan or this Ordinance. COMMENTARY: This change will be made in response to changes in State statutes. This change will be effective January 1, 1989. g. A copy of the approved Erosion Control Plan and any amendments and required revisions shall be kept on the job site at all times. Section 18.1 Erosion Control Standards A, Requirements, standards, and specifications for erosion control plans and erosion control techniques, meggarAEL and devices are contained in the "Orange County Soil Erosion and Sediment Control Manual." Copies of the Manual are available from the Erosion Control Division of thl Orange. County Planning Department. Corrections, revisions, and amendments, to the Soil Erosiaq and Sediment Control Manual shall be made upon recommendation of the Erosion Control Officer and approval by the Orange County Board• of Commissions COMMENTARY: The section above will be added to the 11 Ordinance. The Ordinance should be amended to make the Soil Erosion and Sediment Control Manual the standard for Orange County so that there is no conflict with existing or proposed State standards. Mr. Craig Deal of the N.C. Sedimentation Control Commission staff, he has indicated that it is not necessary to amend the county Ordinance to adopt the Manual; Orange County is free to adopt its own standards as long as they meet or exceeded the Ordinance requirements. However, staff believes that the Ordinance should be amended to avoid confusion and to specify procedures for amending the Manual. Procedures for changing the Manual should be included in the Ordinance so that the process is clear and approved by the N.C. Sediment Control Commission. Section 22 Penalties a. Civil Penalties (1) Any person who violates any of the provisions of this ordinance or rules or orders adopted or issued pursuant to this ordinance, or who initiates or continues a land- disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be subject to a civil penalty of not more than $100 except that the penalty for failure to submit an erosion control Rlan shall be as provided in a.3. of this section. No penalty shall be assessed until the person alleged to be in violation has been notified of the violation by regis- tered or certified mail, return receipt requested, or other means reasonably calculated to provide actual notice to the offender. The notice shall describe the violation with reasonable particularity, specify a reasonable time period within which the violation must be corrected, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. Each day of a continuing violation shall constitute a separate viola- , tion under Section 22(a) (1) . COMMENTARY: This section will be amended to allow penalties for failure to submit a plan as discussed in paragraph 3 below. This change will be effective January 1, 1989. The County Attorney has recommended that this section be clarified to provide a reasonable means of notifying violators. (2) The Orange County Board of Commissioners shall determine the amount of the civil penalty to be assessed under Section 22(a) and shall make written demand for payment 12Y upon the person responsible for the violation, and shall set forth in detail a description of the violation for which the penalty has been invoked. In determining the amount of the penalty the Board of Commissioners shall consider the degree and extent of harm caused by the violation and the cost of rectifying the damage. If pay- ment is not received or equitable settlement reached within 30 days after demand for payment is made, the matter shall be referred to the town or county attorney for institution of a civil action in the name of the town or county in the appropriate division of the General Courts of Justice for recovery of the penalty. Any sums recovered shall be used to carry out the purposes and requirements of this ordinance. ill Any person wild fails to submit an erosion control plan, • for approval pursuant to this Ordinance shall be subject •to a single. noncontinuing civil penalty of not more than one thousand dollars ($1,000) . ALy," ae_alMy which is recovered pursuant to this subdivision shall be deposited, j . General Fund. Any person who j . to a civil Penalty under this subdivision may be subject to addi- . tional civil penalties for violation of any other provision of this Article or any ordnance, rule, or order adopted or issued misigant to this Article by the Commission on Orange County. COMMENTARY: This paragraph will be added to allow penalties to be accessed for failure to submit an erosion control plan as required by the Ordinance. This change will be effective • January 1, 1989. b. Criminal Penalties Any person who knowingly or willingly violates any provision of this ordinance or rule or order adopted or issued pursuant to this ordinance, or who knowingly or willfully initiates or continues a land-disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved plan shall be guilty of a misdemeanor punishable by imprisonment not to exceed 90 days or by a fine not to exceed $5,000, or by both, at the discretion of the court. . • . . • Li 13 (Equipment Design and Location) The Presentation was made by Eddie Kirk. The North Carolina Department of Crime Control and Public Safety has reviewed the Orange County Flood Damage Prevention Ordinance and recommended two changes. First, a definition of "lowest floor" should be added to the definition section to avoid confusion with the term "lowest habitable floorTM . Second, a clarifying amendment concerning the elevation or floodproofing of electrical and mechanical equipment should be added to Article 4 Section 4.1(a) . Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioners no sooner than January 3, 1989 . VOTE: UNANIMOUS. 6. EROSION CONTROL ORDINANCE AMENDMENTS a. Erosion Control Manual The presentation was made by Warren Faircloth, Erosion • Control Officer. The proposed manual (copies distributed previously) is an effort to compile requirements and standards for designing site plans, for erosion control techniques and devices and for presenting the erosion control plan. The primary purposes of the Manual are: to formalize erosion control standards; to have the standards in written form and make them accessible to designers of developments in Orange County; to improve the effectiveness of erosion control techniques and devices; to be more consistent in the application of requirements and standards; and to improve the overall effectiveness of the County's erosion control program. Motion was made by Commissioner Marshall, seconded by Commissioner Willhoit to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioners no - sooner than January 3, 1989. VOTE: UNANIMOUS. . b. Sections 5, 6, 17, 18, and 22 (Incorporation of design • -- - standards and specifications, administration procedures • and notification procedures, and changes in enabling legislation) * The presentation was made by Erosion Control Officer Warren Faircloth. • mmaFg •.. ' 14 The Soil Erosion and Sed..mentation Control Ordinance is proposed for revision to adopt and incorporate by reference the design standards of the Erosion Control Manual. Staff is also proposing several changes to administrative procedures, revisions recently passed by the State Legislature, and changes in notification procedures for violations as recommended by the County Attorney. (Proposed amendments an attachment to these minutes on pages Motion was made by Commissioner Marshall, seconded by Commissioner Willhoit to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioners no sooner than January 3, 1989. VOTE: UNANIMOUS. E. ADJOURNMENT With no further business to come before the Board, Chair Moses Carey, Jr. adjourned the meeting. The next regular meeting will be held on Monday, December 5, 1988 at 7:30 p.m. in the courtroom of the Old Courthouse, Hillsborough, North Carolina. Moses Carey, Jr. , Acting Chair Beverly A. Blythe, Clerk Joanna Bradshaw, Administrative Assistant - - • --N IJO T If • 15 Hazard Reduction (Equipment Design & Location) f. Erosion Control Ordinance Amendments (1) Erosion Control Manual (2) Sections 5, 6, 17, 18, and 22 (Incorporation of design standards and specifications, administrative procedures and notification procedures, and changes in enabling legislation) MOTION: Best moved approval of Agenda Items 10e and 10f. Seconded by Pilkey. VOTE: Unanimous. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. ACTION AGENDA ITEM ABSTRACT Meeting Date: January 3, 1989 SUBJECT: APPOINTMENTS DEPARTMENT: BOARD OF COMMISSIONERS PUBLIC HEARING YES: NO: X ATTACHMENT(5) : UNDER SEPARATE COVER INFORMATION CONTACT: BEVERLY BLYTHE TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To maintain membership at effective levels on Commissioners' appointed boards and commissions. BACKGROUND: The following is presented for consideration of appointment: ABC BOARD - Paul R. Williams - fiWoloATED RECOMMENDATION(S) : As the Board decides. • 9. T 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 3.j. 1989 Action Agenda Item # P SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT - INDUSTRIAL DEVELOPMENT SIGNS (ARTICLE 9 - SIGNS) opool• NowIlilIM•■■■■••■■■rdllam. DEPARTMENT: PLANNING PUBLIC HEARING _x_Yes No ATTACHMENT(S) : INFORMATION CONTACT: Eddie Kirk Proposed Ordinance Amendment Correspondence from Mark Farrell Draft 11/28/88 Public Hearing Minutes TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To receive citizen comment on a request to amend sign restrictions related to industrial development. This is a continuation of the November 28, 1988 Public Hearing. BACKGROUND: A proposal was submitted by the Meadowlands to amend signage requirements in the I-1 Industrial Zone. The requested changes pertain to signs permitted in the Major Transportation Corridor, sign setbacks and square footage, and the addition of a provision for entrance signs to industrial developments. The following are requested changes and Planning Staff recommendations reguarding these changes: - Increase the number of signs in the MTC from 2 to 4 or increase the square footage for directional signs from 4 to 9 square feet. The Planning Staff recommends a 10 foot sign setback along frontage of interior streets and a 25 foot setback on perimeter streets. 2 - Decrease the sign setback from the right-of-waY from 25 feet to 10 feet. The Planning Staff recommends a 10 foot sign setback along frontage of interior streets and a 25 foot setback on perimeter streets. - Increase the total for all signs from 100 square feet to 120 square feet. The Planning Staff recommends no change to the present requirements. - Allow one entrance sign for each entrance of Industrial Developments. The Planning Staff recommends an entrance sign with a maximum area of 100 square feet and a reduction in setback from 25 feet to 10 feet if the sign is 6 feet or less in height. It is also recommended this provision apply to office and commercial developments. The Planning Staff also recommends an amendment to Article 9.2a to change the diagram to indicate a 10'x 70' sight triangle to be consistent with Article 6.8. RECOMMENDATION: The Planning Staff recommends approval of the proposed amendments. 3 PROPOSED ORDINANCE AMENDMENT - ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 9 SECTION 9 . 11 PERMITTED SIGNS ARTICLE 9 SECTION 9 . 6E SIGNS DIRECTING AND GUIDING TRAFFIC ARTICLE 9 SECTION 9.2A TRAFFIC SAFETY PRECAUTIONS ARTICLE 9 SECTION 9 . 12 MISCELLANEOUS REQUIREMENTS ORIGIN OF AMENDMENT: x Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: x High Middle Low Comment: EXPECTED PUBLIC HEARING DATE: PURPOSE OF AMENDMENT: To permit greater flexibility in the design and installation of signs for commercial/industrial centers. IMPACTS/ISSUES: A proposal has been submitted by the Meadowlands to amend signage requirements in the Industrial-1 (I-I) zone. The following changes to the Permitted Sign Table (Section 9.11) were proposed: Requested Change: To increase the maximum number of signs allowed in the Major Transportation Corridor from 2 to 4, or increase the square footage permitted for directional signs from 4 to 9 square feet. . _ Department _ - - Recommendation: This increase from 2 to 4 signs in the Major Transportation Corridor appears to be , excessive based on other ordinance in nearby - _ : counties. The increase in size for directional signs is also excessive. " Wake- County allows a -4 square foot directional sign and Durham County permits a 4 to 8 square foot directional sign. Based on this information, the Planning Staff would recommend the present requirements not be changed. 1 . , I 4 . Requested Change. To decrease the sign setback from the road right- of-way from 25 feet to 10 feet. Department Recommendation: The present 25-foot setback is more than setback • • requirements of Durham and Wake Counties, which permit a 10' setback. The Department recommends that a 10' sign setback be permitted along the frontage of interior streets created within the subdivision. It is recommended, that signs along the perimeter streets maintain the current 25' setback. Requested Change: To increase the total square footage for all signs from 100 square feet to 120 square feet. • Department • Recommendation: . The area used to compute square footage for signs is defined in Article 9.10 of the Zoning Ordinance and includes the face of the sign but does not include supporting framework. The Department does not recommend an increase in the permitted square footage. . . • • • . • - - . . . .• • Requested Change: To allow one entrance sign for industrial developments. Department- -- Recommendation: _ , - - ••• • . . . _ • _ Cornet. lots on which entrance signs- ari- placed are- _ . . disadvantaged in that the sign area allotment for • that lot is totally or partially used for a-sign • . • _,.. benefiting the entire development. The Department - recommends that an entrance sign with a maximum • • • area.. of 100. square feet...be permitted.---It . ------ - _ - . . • • - - recommended that the setback be -reduced from 25' to • - .10! from the rightrof-way if the sign -is- no more • than6!--- in height (as measured- from -the ground) . • - -It Is also recommended that entrance sign • provisions also apply to office and commercial • developments. • • • _ 5 Sight Triangles Pursuant to an amendment to Article 6.8 of the Zoning Ordinance (Visibility at intersections) approved on October 3, 1988, setbacks for signs and other structures are to be measured from the edge of the sight triangle at all road intersections. It is also required that the area of sight triangles be included in the dedicated right-of- way. A recent amendment changed the dimensions of the legs of the sight triangle from 25' x 25' , to 10' x 70' . Article 9.2 a) of the Zoning Ordinance also references sight triangles as they apply to the location of signs. In order to be consistent with Article 6.8, the diagram in Section 9.2.a which illustrates the sight triangle should be modified to reflect the revised dimensional requirements. EXISTING ORDINANCE PROVISIONS: See attached. PROPOSED ORDINANCE PROVISIONS: See Table 9. 11 attached. 9.12 Miscellaneous Requirements il A single entrance sian identifying a commercial. office, or industrial development mAy be permitted in addition to other permitted signs. The area of the entrance sign shall not exceed 100 square feet. -- Signs six LAI feet or less in height shall be set back ten 110) feet from the right-of-way, signs greater than six /Al feet in height shall maintain a twenty-five c25) foot setback. Sign height shall -- - - - hp. measured as the- distance from the ground to the• _ highest portion p sign used in computing sign area. . . • • - - • ********************************** ORD/NANCE REVIEW SUBCOMMITTEE: 10/12/88 - 7: 7-- • - PLANNING BOARD REVIEW: 10/17/88 - • BOCC REVIEW: v Ii rlRNit{to SIGNS: SIZE, IIHIIBtR, MIGHT Alto LOCA1I011 OT ' 9 Retld[n11a1 [rx+r�etclel tn.p,atrfat Districts Districts aIstti�ls h' All. 4a RD/AA/xi 011RA tC-1 NC-2 CC-) Gc-4 (C•5 01 t I-I 1.7 1- AS 11) �Ibeended itAx MG. Or SIGNS• F { t } 5 S 5 ! ) l 3 S l 1 1/)/84 I+Ax 140. Of SIGHS IN Ittt4': [ 1 2 2 2 I 2 ! 2 ! 2 2 7 2 am-ei,ded tolAt SQ.: I1, IOA+ 4 6/111811 Att SIGNS ty 8S 100 200 200 !OQ BS 100 !OQ 100 !DO ta0 8S a+Amended IIAx S0. 11. Silts 1 lo/S/e� FOR ANY Si6N 2 2 85 100 zoo 200 zoo 8s 100 too 100 too too 85 Flu sq. ft. Sit( iN HIC' lost SIGN 2 2 TI 12 T2 it TI 12 11 72 12 12 J7 )1 JIAK MIGHT Of+ to 40 40 10 1S l5 1S NQ 15 10 SIGN IN Fill NIA NIA 10 J5 MAX 111161111 IN lilc4 :6 6 12 ti 12 is 112 12 IF 12 12 IF I2 112 IxrANSiOH AEOV( U OG, X x 1Q t0 14 x IO IQ 10 10 x x rAaArll IN 11[14 x X 1`110.11 C 11011 Icon OItDING vAtt4 X X X X YES YES YES X YES Y Yf CS S Y(S X 11 x IltO111NA11O•SIGNS YF S Y[5 YI S Yt S Yt S Y[S Yt S Yf S YI S Yi S Y1 S Yl Atl[t<Il0° % X roil-1101111118 SIGNS ( 1 I �n tocAl/ON Of SIGN x x x x x x 4 in SE IRA(K X x X x x x x x u+ fan"[ W IANCE I 1 1 15 10 10 10 IS to as 75 75 IS 25 F11{x1 A/v II. SID(/a{AA Ia01t to 25 Is IS IQ 15 rROptRir ttttt t 1 110 IO IO IO 110 15 SLINAtx TO ADJACENI ' ats. 2oNt4 : i NIA NIA 20 )o )o )o 30 Jo )0 111 )o )o )° )" t ( r x x x 0O1Doolt APvIAJi%IHG IN 111111 >R X x x x K x x Yt1S x x X x YES Yti x A x YIS Y15 x x +� omoom AOvIRI1SING i to oulbooa ADVIAlISING � ' t H/A' NIA N/0. 1JIA 1 1 Ht1► N!A itJA 1 f N/A NJA i w S16NS NONa(A o S(iaAtx 1111x1 RIGIIJ Of VAT. 660 NJA NIA Jr/A N/A 660 660 NIA H/A MIA 660 boo NtA N/A 4? K AREA IN SQ. 1til AD.JACENI 10 0 11S �0, f1t 86, Nt $T zoo N/A H/A II/A NIA NIA NIA MIA NIA NM )00 200 NIA NJA NI IGII1 111 III 14 is NIA H/A MIA NIA HIA N/A NM tt/A MIA 25 IS NIA N/A c� SWING AEONIRtutNt NIA MIA NIA H/A MIA 1000' 1000' N/A MIA MIA 1000' 1090' NrA NNt o to X'- Not Allowed N/A - Hot Applltable t on 4S[e a pit roptlale section of Atticle 9 7 9.11 PERMITTED SIGNS: SIZE. NUMBER, HEIGHT AND LOCATION OF Resiaential Commercial Industrial Districts Districts Districts **RB/ All • AR/R1 Other LC-1 NC-2 CC-3 GC-4 EC-5 01 El I-1 I-2 1-3 AS ED *Amended MAX NO OF SIGNS* 1 1 2 3 5 5 5 2 3 3 3 5 3 3 1/3/84 MAX NO. OF SIGNS IN MTC* 1 1 2 2 2 2 2 2 2 4 2 2 2 2 *Amended TOTAL SQ. FT. 6/4/84 FOR ALL SIGNS* 4 4 85 100 200 200 200 85 100 100 100 200 100 85 **Amended MAX SQ. FT. SIZE 10/5/87 FOR ANY SIGN* 2 2 85 100 200 200 200 85 100 100 100 200 100 85 ENTRANCE SIGN ALLOWED* YES YES YES YES YES YES YES YES YES YES X X MAX SQ. FT. SIZE IN MTC FOR ANY SIGN* 2 2 72 72 72 72 72 72 72 72 72 72 72 72 MAX HEIGHT OF SIGN IN FEET* N/A N/A 30 35 40 40 40 30 35 35 35 40 35 30 MAX HEIGHT IN MTC* 6 6 12 12 12 12 12 12 12 12 12 12 12 12 EXPANSION ABOVE BLDG. PARAPET IN FEET* X X X X 10 10 10 X 10 10 10 10 X X PROJECTION.FROM BUILDING WALL* X X X X YES YES YES X YES YES YES YES X X ILLUMINATED SIGNS ALLOWED • X X YES YES YES YES YES YES YES YES YES YES YES YES POLE-MOUNTED SIGNS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 LOCATION OF SIGN '. IN SETBACK X X X X X X X X X X X X X X FRONT DISTANCE FROM R/W FT. 1 1 1 15 10 10 10 15 10 25# 25 25 15 25 SIDE/REAR FROM,, , •PROPERTY LINE - 1 1 10 10 10 10 10 15 - 10 25 15 15 10 15 • • SETBACK TO ADJACENT . RES. ZONE* N/A N/A 20 30 30 30 30 30 30 30 30 30 30 30 OUTDOOR ADVERTISING IN MTC* X -- X X X X X X X X X X X X X OUTDOOR - - - . ADVERTISING YES X X X X YES YES X X X YES YES X X OUTDOOR ADVERTISING- -. SIGNS NUMBER 1 N/A N/A NIA N/A 1 1' N/A N/A N/A 1 1 N/A. N/A . SETBACK FROM _ . . RIGHT OF WAY. _ - 6601v N/A N/A-: N/A N/A 660 660 N/A N/A N/A 660 660 N/A N/A •- , • - • AREA IN SQ. FEET ._• _.... .. ADJACENT TO US_70,.._:' _ • • - - - NC 86, NC 57 • 200 N/A N/A N/A N/A N/A N/A N/A N/A N/A 200 200 N/A N/A ' HEIGHT IN FEET*--. 25 N/A N/A N/A N/A N/A N/A N/A N/A N/A 25 25 N/A N/A -- SPACING •- -. _ _ • • REQUIREMENT-1. . • , N/A •- N/A N/A N/A N/A 1000'1000'N/A •N/A. N/A 1000'1000' N/A .N/A -. X - Not Allowed -• N/A - Not Applicable *See appropriate section of Article 9 - !MV be reduced to 10' on interior streets of industrial developments, or where sign height does not exceed 6'. • 8 , . -• April 4 , 1§88. INDUS-T-FRIAL/RESEARCH/OFFICE PARK Mr. Eddie Kirk - Orange County Planning Dept. 3U6 F Revere Road . Hillsborough, NC 27278 Re: Request For Amendment Sign Ordinance . . Dear Mr. Kirk, Meadowlands Associates (ML) requests that Orange County consider the following items for amendment to the existing sign ordinance. The following notes are extracted from the Orange County sign ordinance with proposed revisions or amendments as necessary to implement our proposed sign plan. 1. The Orange County sign ordinance requires 25.' 0" setback' from right of way in I-1 zoned areas. A. We would propose to amend the above to 10' 0" setback. This is crucial for our proposed tenant Id. signs, as the current ordinance allows for 371/2 square feet of the sign area per face, with the current allowed setback of 25' 0". Our concern is 'that the distance from the roadway for this type of sign would render it useless in its functiontT.of identification, unless the setback could be amended as proposed. • 2. The Orange County sign ordinance allows in an I-1 zoned area within a major transportation corridor district, the maximum of two signs at a total of 75 square feet of sign area. . _ • _ - • A. . we would proi:iiiie• amending the maximum number of signs to . . four. --„This would allow the additional directional signage that. a Major industrial complex or facility would require to • control' on premise traffic. Four signs would include the ": . main tenant Id. sign with three additional directional-- :---- ' service Signs. • • - Note: 1) There- is also the possibility of addressing the _ section in the. ordinance. which: allows for 4 square foot- . directional signs. Directional signs on private property not exceeding 4 square feet are exempt from permit - requirements. However, 4 square feet is much too small of an area to be effective for our use. We would propose amending this ordinance to a maximum sign area of 9 square feet per face. c-d57 • .4 Consolidated Ventures I 5E.4-jo nalap development proiect 9 Mr. Eddie Kirk April 4, 1988 Page 2 2) The maximum square footage for all signs in the 1-1 industrial district is 100 square feet. We would propose amending this ordinance to a maximum sign area of 60 square feet per face. This would allow for adequate entry signage size along roadways with 50' to 60' r/w requirements. We are currently revising the ML signage guidelines and will forward a final copy when available. ML Associates desires to develop a well planned project. As part of the total development, one of the elements that will tie the project together is a uniform effective signage program. Do not hesitate to contact me about any questions you may have about this request. Very truly yours, MOO:. Mark E. Farrell Director of Projects • MF:hh cc: Marvin Collins w/encl . • . Rob Kisstoth w/encl. * • • . _ • - . _ . . • . _ . • ____ • • , • . • ■ . ■ . - • • ■■ ■ • • • • • • • .• --——-------------------------- llpffiffiellf fill $$I fit t 11:1." [if 1-ir I I.I Ito I,i Fit it All lit I Ail .0 till it C_I CC-3 GC-4 lit 11 1-7 1-) Ali IIAX till. to !;Ippj• -Mmetidr,l HAR foil. IN 4. stlmn 114 mr. 6A/8% 1111 Al %if. 1 I. 11111■ All !jI#;U!j 4 4 U5 III0 2#111 h m 21XI 2011 05 1 I)U 21111 toll 11 otl. 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PROPOSED BY MEADOWLAND'S 11 COMPARISON OF ORANGE COUNTY, DURHAM COUNTY, WAKE COUNTY, CHAPEL HILL, AND CARRBORO SIGN REQUIREMENTS IN LIGHT INDUSTRIAL ZONES ORANGE COUNTY DURHAM COUNTY WAKE COUNTY CHAPEL H/LL CARRBORO SETBACK FROM 25 FEET 10 FEET OUT OF R/W OUT OF R/W OUT OF R/W ROAD R/W SIZE 100 TOTAL 75 SQUARE 100 SQUARE FT. 15 SQ.FT.(GROUND .5 SQ.FT. PER LINEAR FEET SQUARE FEET FEET PER SIGN FACE SIGN MAX. 8 FT. OF STREET FRONTAGE UP TO (200 TOTAL) HEIGHT) OR 5% OF 200 FEET, THEN .75 SQ.FT FACADE OF BLDG. EACH FOOT BEYOND 200. SIZE IN MTC 72 TOTAL 60 SQ. FT. PER SIGN 300 SQ.FT.PER SANE AS ABOVE N/A SQUARE FEET FACE (120 TOTAL) ON SIGN FACE. LOTS WITH LESS THAN 300 FT. OF ROAD FRONTAGE. 90 SQ. FT. PER SIGN FACE (180 TOTAL) ON LOTS WITH 300 FT. OR MORE OF RD. FRONTAGE. NUMBER ALLOWED 3 1 PER PUBLIC STREET 2 (PER USE) 1 1 FREE STANDING (1 SIGN ON FRONTAGE EACH STREET CONER LOT) NUMBER ALLOWED IN 2 2 1 1 N/A NTC MAXIMUM SQUARE 4 SQUARE FT. CAN NEGOTIATE SIZE 4 SQUARE FEET 4 SQUARE FEET 4 SQUARE FEET -FOOTAGE FOR PER SIGN (USUALLY 4 TO 8 SQ. PER SIGN FACE PER SIGN FACE PER SIGN FACE DIRECTIONAL SIGNS FACE FT. PER FACE) . : 12 Commissioner Marshall agreed with Commissioner Willhoit and added that a substation is an obtrusive use and impacts are different in every case. She noted that she felt this is a logical use for which to require a Special Use Permit. Mike Parker, Counsel for Piedmont EMC, noted that the lines leading into the substations at the present time are all served by wooden poles and not tower structures. He noted that the proposed amendment would meet the needs of the power companies for substations in Orange County. He also noted that the Little River Substation, the most recently constructed by Piedmont, is an excellent example of how substations can be constructed and screened so that they do not interfere with surrounding communities. He stated that the proposed amendment is one that has been agreed upon by Piedmont and the Planning Staff with the aid of the County Manager and County Attorney. There were no public comments. Motion was made by Commissioner Willhoit, seconded by Commissioner Marshall to refer this item to the Planning Board for a recommendation to be brought back to the Board of Commissioners no sooner than January 3, 1989. VOTE: UNANIMOUS. b. Article 9 - Permitted Signs (Industrial Development Signs) The presentation was made by Eddie Kirk. A proposal was submitted by the Meadowlands to amend signage requirements in the I-1 Industrial Zone. The requested changes pertain to signs permitted in the Major Transportation Corridor, sign setbacks and, square footage, and the addition of a provision for entrance signs to industrial developments. The requests were reviewed by the Planning Staff and Ordinance Review Committee and recommendations are provided. The requested change is to increase the maximum number of signs allowed in the Major Transportation Corridor from 2 to 4, or increase the square footage permitted for directional signs from 4 to 9 square feet. This increase from 2 to 4 signs in the Major Transportation Corridor appears to be excessive based on other ordinances in nearby counties. The increase in size for directional signs is also excessive Wake County allows a 4 square foot directional sign and Durham 13 County permits a 4 to 8 square foot directional sign. Based on this information, the Planning Staff would recommend the present requirements not be changed. The request is also to decrease the sign setback from the road right-of-way from 25 feet to 10 feet. The present 25-foot setback is more than setback requirements of Durham and Wake Counties, which permit a 10' setback. The Department recommends that a 10' setback be permitted along the frontage of interior streets created within the subdivision. It is recommended that signs along the perimeter streets maintain the current 25' setback. Also, a change is requested to increase the total square footage for all signs from 100 square feet to 120 square feet. The area used to compute square footage for signs is defined in Article 9.10 of the Zoning Ordinance and includes the face of the sign but does not include supporting framework. The Department does not recommend an increase in the permitted square footage. A change is also requested to allow one entrance sign for industrial developments. Corner lots on which entrance signs are placed are disadvantaged in that the sign area allotment for that lot is totally or partially used for a sign benefiting the entire development. The Department recommends that an entrance sign with a maximum area of 100 square feet be permitted. It is also recommended that the setback be reduced from 25' to 10' from the right-of-way is the sign is no more that 6' in height (as measured from the ground) . It is also recommended that the entrance sign provisions also apply to office and commercial developments. Pursuant to an amendment to Article 6.8 of the Zoning Ordinance (Visibility at intersections) approved on October 3, 1988, setbacks for signs and other structures are to be measured from the edge of the sight triangle at all road intersections. It is also required that the area of sight triangles be included in the dedicated right-of-way. A recent amendment changed the dimensions the legs of the sight triangle from 25' x 25' , to 10' x 70' . Article 9.2 a) of the Zoning Ordinance also references sight triangles as they apply to the location of signs. In order to be consistent with Article 6.8, the diagram in Section 9.2.a which illustrates the sight triangle 14 should be modified to reflect the revised dimensional requirements. Planning Board member Chris Best asked how sign area is computed. Kirk responded that the sign area includes the face of the sign but does not include the supporting framework. Commissioner Willhoit asked how these recommendations compare with ordinances regarding signs of Chapel Hill and Carrboro. Kirk responded that the comparison was made with surrounding counties but not towns. Commissioner Willhoit stated that he felt comparisons should be made with Chapel Hill and Carrboro. Mark Farrell, Meadowlands Associates, expressed support for the recommendations to the Sign Ordinance. He expressed concern with the 6' height requirement. He noted that the entrance sign that Meadowlands would like to utilize is 10' long and 6', 6" high and would have landscaping surrounding it. Sylvia Price, Economic Development Director, submitted comments from EDC regarding revisions to the Sign Ordinance (attachment to these minutes on page ) . Guido De Maere, attorney for Tecan (located in. Meadowlands) , expressed concern that there is no relation between the number of signs allowed and the amount of property frontage. He indicated this would not allow directional signs for delivery vehicles. Mark Farrell noted that there will probably be a number of businesses within Meadowlands which will have a need for a number of directional signs. Commissioner Marshall that the idea of the MTC for all counties was for uniformity along 1-40 through Wake County, Durham County and Orange County. She noted that while there is sympathy with Meadowlands and wanting to help it to be the kind of quality industrial park it has always shown promise of, the Board must still look at the major uniform expectation that it participated in when the MTC's were put into place. Motion was made by Acting Chair Moses Carey, Jr. , seconded by Commissioner Willhoit to continue the public hearing on this item to January 3, 1989 for receipt of additional information and comments. Commissioner Marshall and Acting Chair Moses Carey encouraged the EDC and Planning Department to resolve the issue of timing with meetings in order that future 15 delays would not be created simply due to conflicting schedules. Planner Eddie Kirk noted that small directional signs are allowed and are not considered a part of the permitted total square footage. VOTE: UNANIMOUS. C. Article 7 - Planned Developments/Density Bonuses (WITHDRAWN FOR FURTHER CONSIDERATION) d. Article 4 - Permitted Uses, Article 8 - Special Uses and Article 22 Definitions (Day care Facilities) The presentation was made by Marvin Collins. These proposed amendments would revise existing provisions applicable to day care facilities to be consistent with State licensing requirements. Day care, day nursery, and kindergarten facilities of all types are currently permitted in residential zoning districts upon approval of a Class B Special Use Permit. In commercial and office zoning districts, such facilities are permitted by right. It has been brought to the attention of the Planning Department that erroneous information was provided to the Child Care Networks 4 1/2 years ago. The information provided indicated that no permits of any kind were required for such facilities. For this reason, permits have not been obtained by those facilities within Orange County's jurisdiction. Another concern identified by staff of Child Care Networks is the inconsistency between State licensing requirements and the permit requirements of Orange County. The State requires that day care facilities of a certain size and operating certain hours be licensed, whereas Orange County requires that all such facilities in residential areas be required to obtain a Class B Special Use Permit. The staff of Child Care Networks has recommended that Orange County's zoning provisions be amended to be consistent with the State licensing requirements. The proposed amendments incorporate the definitions of "day care" and "day care facility" from the State licensing requirements into the Zoning Ordinance. The zoning Districts in which day care facilities are permitted, by right and upon approval of a Class B Special Use Permit, would remain unchanged. 4 ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING TUESDAY, JANUARY 3, 1989 7:30 P.M. OLD COURTHOUSE HILLSBOROUGH, NC A. BOARD AND MANAGERS COMMENTS B. PUBLIC 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. PUBLIC HEARING 1. Zoning Ordinance Text Amendment a. Article 9--Signs (Permitted Commercial/ Industrial Signs) D. RESOLUTIONS OR PROCLAMATIONS 1. Planning Board Resolution--Rural Character Study E. REPORTS 1. Duke University Forest Report--Max Wallace 2. Report on Reservoir--Don Cordell 3. Work Plan/Zoning History--Johnny Kennedy Property - _ F. ITEMS FOR DECISION--CONSENT AGENDA (Any item may be removed for separate consideration) A 1. Documentation for Grant from NC DOT-Aviation 2. Approval of State Contracts for Elderly Services 3. Driver Contract Revision with OPCMHC's Children's Learning Center 4. BOCC Policy #0030--Public Hearing Minutes 5. Transportation Agreement for NCDOT Section 18 Funding 6. Confirmation of Contract with DMG for User Fee Study G. ITEMS FOR DECISION--REGULAR AGENDA 1. Continuation of Transportation Funding of OCIM Child Care Project 2. CI? Schedule and Management Structure 3. Zoning Atlas Amendments a. Z-5-88 Starpoint Partners b. Z-6-88 Dale G. Davis 4. Zoning Ordinance Text Amendments a. Article 4 - Permiteed Uses, Article 6-- Application of Dimensional Requirements, and Article 8-- Special Uses (Electrical Substations) b. Article 4--Permitted Uses, Article 8--Special Uses, and Article 22--Definitions (Day Care Facilities) 5. Subdivision Regulations Text Amendments a. Section III (New) --Application and Approval Procedures b. Section V (New) --Specifications for Plat Drawings c. Section IV-B-10-- Cluster Developments 6. Flood Prevention Ordinance Amendments a. Article 2--Definitions ("Lowest Floor") and Article 4--Provisions' for Flood Hazard Reduction (Equipment Design o5 Location) 7. Erosion Control Ordinance Amendments a. Erosion Control Manual b. Sections 5, 6, 17, 18, and 22 (Incorporation of design standards and specifications, administrative procedures and notification pocedures, and changes in enabling legislation) H. APPOINTMENTS I. ADJOURNMENT (*) Indicates items that need immediate attention. ' . „ees„....1 . • 7‘ fre . ORANGE COUNTY ECONOMIC DEVELOPMENT COMMISSION P.O. Box 712 * 110 N. CHURTON ST. HILLSBOROUGH, N.C. 27278 • (919) 732-13331 EXT. 279 (919) 968-4501 • Public Hearing, January 3, 1989 EDC Comments on Sign Ordinance Amendment • 1. Directional Signs. Cross-references to Section 9.6.a of the Zoning Ordinance should be made in the text and in the tables(s).• Section 9.6.a states that signs "directing and guiding traffic on private property, not exceeding 4 square feet each, and bearing no advertising matter" are not subject to the permit requirements ordinance. We understand this means that such directional signs do not count as part of the total signage of the development, and if this is the case, then a sentence should be added in the text to explain this point. • 2. Criteria Needed About Frontage or Front-footage. By linking the signage allocation to individual lots, the • ordinance encourages the divisiOn of parcels into small lots, especially along the road frontage. Criteria should be developed linking the signage allowance to frontage feet. • 3. Need for Index and Cross References. A major step in making Orange County planning procedures more "user friendly" would be the addition of a comprehensive index to the Zoning • Ordinance, plus cross-references in the text and tables throughout. Much needless confusion could thereby be avoided. • • • • • •