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Agenda - 05-01-1989
ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING MONDAY, MAY 1 , 1989 7:25 P.M. OLD COURTHOUSE HILLSBOROUGH, NC OATHS OF *OFFICE FOR E & R BOARD 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 individual regains personal control . Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. D. RESOLUTIONS OR PROCLAMATIONS 1 . Agricultural Extension Service 75th Anniversary E. REPORTS 1 . Durham-Chapel Hill-Carrboro Urban Area (DCHC) 1985-2010 Transportation Study F. ITEMS FOR DECISION--CONSENT AGENDA (Any item may be removed for separate consideration) 1 . County Auction, 1989 imenzazimm 2. Capital Project ordinance 3. Resolution to Apply for UMTA Section 18 Transportation Funds G. ITEMS FOR DECISION--REGULAR AGENDA 1 . Senate Bill 339, An Act to Establish Uniformity in Regulation of Roadside Hunting. 2. Wyngate Subdivision - Preliminary Plan ACTION BY: June 6, 1989 3. Sykes Glen, Phase 3 - Preliminary Plan ACTION BY: June 6, 1989 4. Section One Nichols Ridge - Preliminary Plan ACTION BY: June 6, 1989 5. Forest Knolls - Preliminary Plan ACTION BY: June 6, 1989 6. Advertisement - May 22, 1989 Public Hearing H. APPOINTMENTS - None I. ADJOURNMENT (*) Indicates items that need immediate attention. • _ • ORANGE COUNTY BOARD OF COMMISSIONERS ACT ION AGENDA ITEM ABSTRACT Meeting Date May 1; 1989 Action Agenda Item # 35.q SUBJECT: Agricultural Extension Service 75th Anniversary DEPARTMENT: Agricultural Extension Service PUBL IC HEARING Yes X No ATTACHMENT(S) : INFORMATION CONTACT: County Resolution Fletcher Barber, Jr. - Ext. 447 TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 • Chapel Hill - 968-4501 PURPOSE: To adopt Resolution observing May 8, 1989 as Agricultural Extension Service 75th Anniversary. BACKGROUND: The Smith-Lever Act of 1914 fostered the development of State Agricultural or Cooperative- - Extension Services nationwide. The system of informal education is a cooperative arrange- ment involving Federal, State and County governments and the land-grant universities. In this state, they are North Carolina State University and North Carolina AU State University. The fundamental mission of the North Carolina Agricultural Extension Service is to extend the campuses of the universities, and their research technology and educational resources, to all people--rural and urban, farm and non-farm, adult and youth. Orange County is joining its 99 sister counties and the nation in the observance of May 8th as the 75th birthday of agricultural extension education. RECOMMENDATION: Adopt Resolution observing May 8, 1989 as Agricultural Extension Service 75th Anniversary and authorizing Chair to sign. • ,- RE SO 2 p),.? 1. • o 4•AL.‘4441 Whereas the Smith-Lever Act of May 8, 1914 has fostered the development of a system of State Agricultural Extension Services in partnership with our Nation's land-grant universities and county governments for disseminating and encouraging the application of research-generated knowledge and leadership techniques to solve problems of individuals, families, and communities; Whereas the North Carolina Agricultural Extension Service, as part of the national extension system, has contributed greatly in assisting families and individuals with the efficient production of a reliable supply of food and. fiber for consumers, with the improvement of the quality of life, with the development of leadership and community service, and with the achievement and accomplishments of young people through 4-H; Whereas the relationship existing between the Federal, State and County Extension Services has provided for citizen input to research and educational programs of the land grant universities of our state for three quarters of a century; and Whereas the citizens of ORANGE County have benefitted and continue to benefit from North Carolina Agricultural Extension Service programs: Now,therefore, be it • Resolved by the ORANGE County Board of Commissioners that the seventy-fifth anniversary the Smith-Lever Act and the North Carolina Extension Service of which this County is a part should be commemorated on May 8, 1989. Chairman, Board of County issioners PROCLUARTION bbtherhood and Apple Pie Renk WHEREAS the children of orange County are 25% of the population and 100% of the future and WHEREAS the and Physical health of children begin and are largely influenced by the health and well being of the mother prior to and during pregnancy and i WAS the general has set a 1 infant deaths per 1000 live births 9�1 of no more than 9 by 1990 and WHEREAS North Carolina has consistently demonstrated high number of infant deaths and excessively ithe Nation qtly ranks 46th in the and 1 SAS the major cause of infant death is being born too soon and too small 1 We the Board of City Caemnissic ers proclaim the week of her's Day Na for - 20, 1989 "N therhood and Apple Pie Week" in orange of calling attention to the tragedy of infant deaths, and challenge the citizens of Orange County, health providers and consumers alike, to implement strategies to reduce .infant mortality:in Orange Cbunty. - 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date May 1L 1989 Action Agenda Item # , --I SUBJECT: DURHAM-CHAPEL HILL-CARRBORO URBAN AREA (DCHC) 1985-2010 TRANSPORTATION STUDY DEPARTMENT: PLANNING PUBLIC HEARING Yes x No ATTACHMENT(S) : INFORMATION CONTACT: Gene Bell Report #3: Public Comment and Final Recommendations TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To present Public Comment and Final Recommendations, Report #3 of the DCHC Thoroughfare Plan. BACKGROUND: This report is the last in a series of three reports designed to document the first consolidated Thoroughfare Plan for the DCHC Urban Area. Previous reports covered the subject areas, Analysis of Projections, Deficiencies, and Needs and Analysis of Alternatives and Recommendations. The purpose of this report is to present public comment on the recommended Thoroughfare Plan released on January 28, 1988. A series of public meetings were held in the Spring of 1988 by the planning staffs of the City of Durham, Durham County, the Town of Chapel Hill, the Town of Carrboro, Orange County, and NCDOT Planning and Research Branch Statewide Planning Group. Public comments made at those meetings are addressed in this report. This report is being presented to the governing boards of all DCHC jurisdictions prior to scheduling any public hearings. RECOMMENDATION: Receive as information. DR6:DCHCABST.DOC 2 Durham-Chapel Hill-Carrboro Urban Area 1985-2010 Transportation Study Report #3: Public Comment and Final Recommendations Prepared by Durham-Chapel ansportation Study Group of the Hill-Carrboro Urban Area Technical Coordinating Committee With the Assistance of the North Carolina Department of Transportation Plarmirg and Research Branch Statewide Planning Group Table of Contents: I. Introduction Page 1.1 II. Public its and Staff Responses Page 2.1 ILL Thoroughfare Plan Approval Procedure Page 3.1 IV. Recommendations Page 4.1 Appendix of Figures Recommended Thoroughfare Plan (DCHC Area) Figure 4.1 Recommended Thoroughfare Plan (Southwest) Figure 4.2 Recommended Thoroughfare Plan (Southeast) Figure 4.3 Recommended Thoroughfare Plan (Northeast) Figure 4.4 Recommended Thoroughfare Plan (Northwest) Figure 4.5 March 8, 1989 EfEEMIIMIloneolosee 4 , • 3 L INTRODUCTION Purpose This'report is the third in a series of three reports designed to document the first consolidated Thoroughfare Plan for the Durham-Chapel Hi l-Cairlboro (DCHC) Urban Area. The first-report covered the subject area: Analysis of Projections,Deficiencies, and Needs. The second report covered the subject area: Analysis of Alternadies and Recommendations. The purpose of this report is to present public comment on the recommended Thoroughfare Plan released on January 28, 1988. A series of public meetings were - held in the Spring of 1988 by the planning staffs of the City of Durham, Durham County, the Town of Chapel Hill, the Town of Carrboro, Orange County, and the North Carolina Department of Transportation Planning and Research Branch Statewide Planning Group. Public comments made at these meetings are addressed in this report. Considerable' efforts were •-made to • seek - public comment on the•.recommended Thoroughfare Plan. As a result of public input, the joint planning staffs have addressed these comments and make final staff recommendations for.the Thoroughfare Plan. History of Planning in the Area The current thoroughfare study.is the first transportation planning effort•to consider the 'needs for Durham, Chapel Hill,. Carrboro,' and the surrounding in plan. Prior to this study, major tra, ash have one en for Durh� y' major �ssportation plans nave been prepared am, and two for Chapel Hill and Carrboro. Durham's first plan was completed in 1959. The second thoroughfare planning study was undertaken by a consultant, Harlan Bartholomew and Associates. .•It was adopted in 1967. The third transportation planning study was prepared by NCDOT under the auspices of the TAC and TCC. This plan was adopted in 1980. Some revisions to the 1980 plan were mutually approved in 1985. • A thoroughfare planning process began in Chapel Hill and Carrboro in the early 1960's. A plan was adopted in 1965 and revised in 1968. After a number of unsuccessful attempts to update that plan, in 1979, the two towns entered into an agreement with NCDOT to take the lead in developing an updated thoroughfare plan for the community. This effort was concluded by the mutual adoption of a new thoroughfare plan in 1984. • 1.1 - 4 Objectives of a Thoroughfare Plan Thoroughfare planning is a process public officials use to assure the development of the most appropriate street system that will, meet existing travel desires within the urban area. The primary aim of a thoroughfare plan is to guide the development of the urban street and. highway system in a manner consistent with changing traffic demands. Through proper planning for street development, many costly errors and much needless expense can be averted. A thoroughfare plan will enable street improvements to be made as traffic demands increase, and help eliminate unnecessary improvements. A thoroughfare plan is a public document which helps guide citizens in choosing a home or business when selecting a site. The thoroughfare officials, serving. as�.a plan also aids state and local guide when making requirements of developers in critical transportation areas. The plan can be used as a guide for advanced right-of-way dedications and reservations, which translate into saved public monies and faster implementation schedules. By developing the urban street system to keep pace with increasing traffic demands, a maximum utilization of the system can be attained that will require a minimum amount of lend for `street purposes and minimize future impacts on development. Also, with an approved thoroughfare plan in hand, plans for acquiring monies, (CIP and TIP) can be set into motion'well in advance of actual construction. Long range road planning allows for identification of social and environmental concerns • long before construction. The development of a thoroughfare plan, helps to define neighborhoods by, protecting them from "cut through" traffic on minor streets caused by drivers seeking to'avoid'congestion on major arterials.. By increasing the traffic-moving efficiency of these arterials,.traffic;can be "siphoned" from inappropriate neighborhood streets: If properly implemented, this"can have a very positive impact on reinforcing neighborhoods' integrity -- a well acknowledged top priority in every community. • What a Thoroughfare Plan Ls: _ A thoroughfare plan is a planning document delineating the type and general location of needed roadway facilities. It is a plan for a system of interconnected roadways designed • to serve in a proper functional hierarchy, not unlike that of a tree, whose trunk divides into smaller branches: " . • Designation of I roadway as a.major thoroughfare involves an assessment of its importance to the area's road system.. The assessment takes into consideration a road's length,-continuity, and proximity to other roads serving similar trip movements. Existing and projected traffic volumes are only two of several considerations involved. All major 1.2 • 5 thoroughfares are not highways; however, their capability to move traffic efficiently is deemed important to the overall system. The Thoroughfare Plan's calculated interrelationship is delicate. Any change to parts of the system may disrupt the entire system through a ripple effect as trips redistribute themselves to other facilities. To be effective, a thoroughfare balance of different types of major and minor thoroughfares.plan must contain a proper the orderly and ���. �Y serving as a guide for y systematic development of an ultimate street and highway network, a thoroughfare plan can be one of the best means of shaping the area's urban framework in the desired manner. What a Thoroughfare Plan Is Not: A thoroughfare plan is not an accumulation of detailed designs accurate enough for the buying and reserving of rights-of-way. A thoroughfare plan is, however, a guide used for preparing functional designs which can be used for delineating future rights-of-way. A common misconception is that construction of thoroughfares is imminent. Proposed thoroughfares will not be built immediately, but normally over 20.25 years and will never be built if not needed. A thoroughfare plan is not used as the basis for a land use plan but rather is based on a land use plan. Lastly, a thoroughfare plan does not assume drastic changes in travel habits, but rather assumes a continuation of current patterns (e.g., modal split, frequency, vehicle occupancy ratio, purpose, and gas availability). • 1.3 • 6 IL.PUBLIC COMMENTS AND STAFF RESPONSES. Meetings A series of seven public meetings were held to receive public comments and questions on the Recommended Thoroughfare Plan. The dates, locations and approximate pproximate attendance at these meetings are shown below. DATE LOCATION ATTENDANCE 02/25/88 Merrick-Moore School 95 Durham 03/2/88 Jordan High School . 100 Durham 03/17/88 E. IC Powe School 90 Durham • 03/24/88 . Culbreth Jr. High School . 150 Chapel Hill 03/30/88 Orange County Court House 90 Hillsborough 03/31/88 North Carolina Central University 25 • Durham • At each of the meetings the staff gave a brief presentation of the recommended plan and responded to'questions on the plan from the public. The public Meetings were tape recorded for future reference; After the series of meetings completed, the staff met to study the issues which were raised and to develop alternatives in problem areas. This report will address the comments made by the public at these seven meetings and those received in writing.' In instances where the same or similar comments were repeated, the report discusses the issues raised only once. The alternatives developed by • 2.1 7 the staff in response to problems brought up at the meetings are described along with the discussion of the specific issue. GENERAL ISSUES Several issues were addressed-during the.course of the Thoroughfare were of a general nature, not related to any Plan meetings which Y oIIe specific project or area. FREEWAYS AND INTERCHANGES • CommPnr, Freeways and their interchanges stimulate high- density development If a freeway is constructed, there will be pressure to have.the area adjacent to the interchanges rezoned for commercial or high density residential development. Response: Good freeway access increases values of property for commercial and industrial development. Residential property values are also increased as Iong as the property is not impacted by noise or air pollution problems. The elected policy board must make the decision to rezone property. The appropriate zoning is determined by conformity and compliance with currently adopted laud-use plans. Land-use plans determine zoning. There may be pressures, but current policies can be retained if there is determination. Freeways remain the most effective auto movers. They provide for a separation of the land use and travel service functions'of a roadway system. PUBLIC TRANSPORTATION Comments: Public Transportation should be promoted as an alternative to expensive roadway construction and to extensive roadway widening. It was felt that public transportation should be considered as part of the modeling process. • Response: Many of the projected traffic volumes throughout the region, particularly in urban areas, cannot be• accommodated by increasing ' roadway. capacities. The development of a comprehensive system of local and regional transportation be a critical element of the region's future ortation P systems will develop a comprehensive transportation system. The ultimate ability to Hill- Carrboro coma area system of public transportation within the Durham-Chapel�_ will depend, in part, an the development of an efficient roadway system. Public transportation impact has been considered in the development of the final recommendation. However, even an extraordinary increase in transit usage will not change.the'recommendations=significantly, but will serve to delay im lementati extend the planning horizon. • - P on and 2.2 • 8 BIKEWAYS AND GREENWAYS Comments:Several speakers at the public meetings encouraged that bikeways be included in thoroughfare planning since bicycles are an efficient and viable mode of transportation. Response: The typical cross-sections for right-of-way and construction for the various types of thoroughfares include adequate width for both on-road and off-road bikeways. Bicycles and other non-motorized vehicles are not allowed on interstate highways, and are discouraged on all high speed roads due to safety hazards. PROTECTION OF CRITICAL WATERSHED AREAS Comments: The construction of roads in critical watershed areas will lower the water quality in several ways: the danger of hazardous chemical spills will be present; pressures for development will become a constant problem to elected officials; construction will cause sedimentation and siltation in streams and lakes; the run-off will be increased and will result in petroleum and other pollutants in the water. Response: Road or other construction in the watershed area could cause temporary and long-range degradation of the water quality if careful construction methods are not employed; however, techniques are available to mitigate such impacts and the sedimentation and erosion control ordinance requires their use. The risk of hazardous spills within the watershed areas is also increased as the miles of road in the critical areas • are increased., In addition, the likelihood of trucks carrying chemicals, petroleum products, and other pollutants will increase with industrial development.- However, the risk of an. accident resulting ins a hazardous spill is far lower on a freeway than it would be on a narrow two lane road. In addition, both air pollution and petroleum spillages are dramatically less on a free-flowing, safe,limited access road than on a congested road with stop and go movements. It is also easier to incorporate spill containment into the design of a freeway due to higher design standards and control of access. • Since growth is a fact in this prosperous area, and since industrial development is important to the economy, we must plan the road network to accommodate that growth and development in the safest possible manner. When it is possible, roads are designed to avoid a water quality critical area, but when residential and other development exists • up to the edge of the watershed, as it does in eastern Durham, the decision has to be made whether the homes should be taken or the watershed should be traversed. The roads will be designed to avoid watersheds to the greatest extent possible; and when the watershed has to be traversed, high quality limited access roads are proposed to reduce the dangers to a minimum. 2.3 9 LAND USE Comments: The comment was made that thoroughfare planners needed to work more closely with land-use planners to assess the impacts of road plans on land use since road construction can influence changes in land. Another comment was made that if the thoroughfare plan was unacceptable, the land use plan should be modified to direct growth where it is wanted, and thus, a more acceptable thoroughfare plan could be prepared. Response: The recommended Thoroughfare Plan is based on adopted land use plans of all local jurisdictions and on projections of land use made by the local planners. The lan is an effort to reserve right-of-way p gh yin areas where it is anticipated that roads will be • needed in the future due to growth. Very rarely is a road constructed before it is needed. The plan is updated every five to ten years. If a revised land use plan is adopted, the thoroughfare plan should be revised to reflect those changes. Additionally, the Thoroughfare Plan is revised as thoroughfare proposals are changed by periodic land use changes. ENVIRONMENTAL IMPACT STATEMENTS (EIS) Comments: The continent was made that environmental impact statements should be prepared prior to the development of the recommended thoroughfare plan. Response: Environmental impact statements, when appropriate, are prepared after functional designs are drawn and alternative alignments are considered prior to construction. It would not be possible to undertake an environmental analysis until an idea of one or more alternative alignments has been developed. The alignments shown on the thoroughfare plan are only approximate and illustrate corridors, not details. To date, functional designs have been prepared for only a few of the proposed roads. An environmental impact study must look at the details of the functional design to evaluate • the specific impacts of the various alternatives. In addition, environmental impact statements (EIS) are very expensive, however an EIS will be prepared prior to construction of any major highway facility. Where facilities are proposed in extremely sensitive areas, it may be desireable to proceed with an EIS as soon as possible. 2.4 ro • PROTECTION OF THE ENO RIVER, DUKE FOREST, PARK LANDS, NATURAL AREAS, AND SITES OF ENDANGERED SPECIRS Comments: Comments were made that road construction will have adverse impacts on the Eno River, Duke Forest, and other natural areas. However, several citizens commented that protection of neighborhoods should take precedence over environmental concerns ("People over possums") Response: Care will be taken when functional designs are prepared to find designs which minimize the impact of thoroughfare construction on these areas. After functional designs are drawn, environmental and social impacts will be assessed and alternatives will be evaluated. ADVANCE RIGHT-OF-WAY ACQUISITION Comments: Several citizens who own property within or near the corridor of a proposed thoroughfare have stated that the resale value of their property will be reduced due to the threat of future road construction. They have requested that the NCDOT purchase their property as soon as the alignment for the road has been determined. Response: Thoroughfare planning is a method for reserving corridors for future roads when and if they are needed. The thoroughfare plan is used to identify and reserve rights-of-way through new developments. However, the information is not detailed enough to permit acquisition of existing development. The adoption of a thoroughfare plan by a local government does not mean that funds are allocated for right-of-way acquisition or construction. In some cases, it may be twenty or more years before the road would be built, or the alignment would have to change for some unexpected reason, or the need for the road would disappear entirely. In any case, it is neither practical nor feasible for the government to acquire vast quantities of land so far in advance of construction. Funds are not available for such an investment. Furthermore, government owned land does not generate tax revenues, therefore, the county and city tax base would decrease as the state investment increased. All property owners are entitled to make maximum utilization of their property, within current land-use regulations. The city or state will pay the appraised fair market value of all property taken by a roadway improvement. In most cases, this will be just prior to construction while in some cases it may be through advanced right-of-way acquisition. Advanced right-of-way acquisition is generally for either proven hardship or to reduce future right-of-way cost. 2.5 11 SPECIFIC ISSUES This report will now address the issues raised regarding specific proposed facilities. SOUTHWEST QUADRANT FARRINGTON ROAD - NC 54 TO US 15-501, I-40 INTERCHANGE Background: The alignment of Laurel Hill Parkway north of NC 54 as shown on the adopted Thoroughfare Plan for Chapel Hill-Carrboro parallels the county line just inside . Durham County. It intersects with Pope Road just north of Ephesus Church Road and then follows the Pope Road alignment to the intersection of US 15-501, Pope Road, and Mount Moriah Road just east of the 1-40 interchange. No interchange with 140 and the Laurel Hill Parkway would be possible at this location. A section of right-of-way south of Ephesus Church Road and west of George King Road, through the Oaks III subdivision, has been dedicated by the developer for this alignment. The traffic projections for. 2010 show that the Parkway would provide relief to the congested US 15-501 (Chapel Hill Boulevard) and be a valuable alternate route between Durham .and Chapel Hill. Based on projected demand, it was determined that an interchange should be constructed with US 15-501 and the Parkway. The existing Mt. Moriah Road/15-501 intersection is in too close proximity to the 1-40 interchange to be the site of another interchange. Therefore, the interchange location was moved to the east. several hundred yards to meet minimum spacing requirements. This required that Laurel Hill Parkway south.of US 15-501 be realigned to the east. It was determined that Watkins Road and Farrington Road provided a better alignment for the Parkway,with the added benefit that the Farrington Road bridge over 140 physically permitted a future interchange between the two thoroughfares. The interchange of Laurel Hill Parkway (Farrington Road). and 1-40 would relieve congestion at the two neighboring I-40 interchanges, and would provide an additional access point for residents of the area. The recommended plan showed abandonment of the old Laurel Hill Parkway alignment in favor of a new alignment that included utilizing a portion of George King Road. Comments: Numerous residents of the George King Road - Farrington Road area have voiced concern and criticism of the proposed new alignment of Laurel Hill Parkway between NC 54 and US 15-501 and the proposed interchange at 1-40. These residents wish to maintain the low density residential and rural character of the area and strongly feel that this alignment of the road, and especially the 1-40 interchange, would increase traffic and encourage intense development. They are concerned that the area near the interchange would be rezoned to permit high density residential or commercial 2.6 girmansenwee 12 development. Further, after recently enduring the construction of I-40, they are angered by the possibility of another construction project in the same area. They also expressed fear that sedimentation in New Hope Creek and Jordan Lake will result. Since a section of right-of-way has been dedicated for the alignment of the parkway, residents feel that the old alignment should be maintained. Residents have also made comments concerning the pressures created by potential development to upgrade the roads and construct the I-40 interchange. Several residents stated that the NCDOT promised before I-40 was constructed that there would never be an interchange at Farrington Road and I-40 but that the NCDOT has yielded to the demands of developers. Response:The staff recognizes that an interchange with an interstate highway does create strong pressures for high intensity land use, which would conflict with adopted land use plans. Use of the dedicated right-of-way for Laurel Hill Parkway rather than George King Road shifts the road only slightly to the west and does not eliminate the possibility of an interchange with US 15-501 (Chapel Hill Blvd.) east of Pope Road. Several alternate alignments for the Laurel Hill Parkway have been considered since the public meetings. All of these alignments use the dedicated section of right-of-way through the Oaks I11 rather than George King Road, and all eliminate the interchange of Farrington Road and 1-40. The elimination of the proposed interchange at Farrington Road has a slight negative impact on the operation of adjacent 1-40 interchanges. The purpose of the proposed interchange was for local service and as such, anticipated traffic volumes-were relatively low. The realignment of the Laurel Hill Parkway to connect directly with the proposed realignment of Mount Moriah Road via Watkins Road at US 15-501 is considered to be absolutely necessary. The use of Watkins Road rather than Pope Road does provide a more direct route for existing and anticipated travel patterns in the area. There is a strong move between the residential area (west of 1-40) to and from Durham via Old Chapel Hill Road. Use of the alignment shown in the adopted Chapel Hill Plan or any alignment that intersects with US 15-501 west of the location shown in the proposed plan would not permit adequate design standards to be maintained for the proposed upgrading of 15- 501 to a freeway. US 15-501 - POPE ROAD - MOUNT MORTAR ROAD INTERCHANGE Background: Traffic projections for 2010 indicate that US 15-501 will carry some 90,000 vehicles by the design date. US 15-501 therefore must be upgraded to a freeway to accommodate this volume. In addition, only a small amount of development in the vicinity of Mount Moriah Road and Pope Road would overburden the existing at-grade intersection. It is recommended that the intersection be upgraded to an interchange located one tenth of a mile to the east of the I-40 interchange in order to operate 2.7 • 13 efficiently and safely. The recommended alignment would require acquisition of University Lights and would impact several other businesses along the frontage road north of US 15-501 to a lesser extent. Other issues regarding the location of this interchange are discussed in the preceding section on Farrington Road. Comments:The owners of businesses in the US 15-501 - Pope Road -Mount Moriah Road area have voiced concern over the recommended interchange and its location. They generally feel that new development should not be allowed to destroy existing businesses, and have asked the staff to study alternate Iocations for the interchange which will not adversely impact their businesses. Response: Alternate designs for this interchange have been prepared by the City of Durham Traffic Engineering Division, but all workable designs identified have similar impacts and the recommended alignment provides the best horizontal and vertical design. Any significant additional development in this area with at-grade access to US 15-501 will cause intolerable congestion and hurt all parties including existing businesses. JACK BENNETT ROAD - US 15-501 TO FARRINGTON ROAD Background: This proposal is for a relief facility to US 15-501 to provide access for Chatham County to Durham and Research Triangle Park. The general desire for this road is to link US 15-501 with Farrington Road. The original proposal to accomplish this was to use about three-fourths of existing Jack Bennett Road, and then cross over to Farrington Road using a route that would be on new location. Traffic projections for US 15-501 show that the volumes would be in excess of the capacity of a four-lane facility that is proposed for US 15-501. Therefore an additional traffic carrier was sought to move a segment of traffic that would otherwise be using US 15-501. The Jack Bennett Road proposal is designed to move the traffic on US 15-501. that is destined for'Durham and Research Triangle Park on to an upgraded facility that links Farrington Road and US 15-501. By accomplishing this, the traffic on US 15-501. would be reduced significantly enough to be served by a four-lane road. Coaunenrs: At a meeting held in Chatham County, this proposal was met with strong opposition.from the residents of Jack Bennett Road and some other residents of upper Chatham County who feel that this road would serve as a southern boundary for Chapel . Hill.' The prominent comment of the people attending the meeting was that US 15-501 needed to be widened and that the residents of Upper Chatham County did not want Jack Bennett Road.. In response to this opposition, an alternative to Jack Bennett Road was proposed. This was a route south of Jack Bennett Road and would be constructed completely on new location. This option was received as slightly more acceptable. 2.8 vaissas 14 Response: The staff recognizes that a large social cost would be involved with constructing the Jack Bennett Road option. Therefore, a tentative recommendation is to use, the southern ;route alternative. However, there are some questions about environmental concerns with the proposed alignment. Further study will be conducted on this proposal. The staff recommends that we reserve the Jack Bennett option if at a later date the southern alignment is not found to be a valid option. NEVILLE ROAD - HICKORY GROVE CHURCH ROAD CONNECTOR. Background: In an effort to develop a continuous circumferential route around the western side of Carrboro, the recommended plan shows several new sections of road existing roads. One of the proposed roads links Neville Road from NC 54 north • to Bethel Hickory Grove Church Road. Comments: Neville Road residents stated that the proposed connector would pass directly through their community destroying homes and a potential historic register structure, a one-room schoolhouse. Response: After closer study, the staff determined that the alignment shown would, in fact, have an adverse impact on the neighborhood. The potential travel benefits to be derived by the proposed connector do not appear to offset the adverse impact to the potential historic site. This section of road has been removed from the recommended plan entirely. Instead, a traffic engineering type safety improvement to the NC 54 - Bethel Road intersection is proposed. WHITFIELD ROAD AND WH FPIELD - EUBANKS CONNECTOR Background: The adopted Chapel Hill-Carrboro Thoroughfare Plan shows Whitfield Road as a minor arterial. The recommended plan shows Whitfield Road as a section of an outer circumferential route around the northern and western sides of the area. Several new sections of road are shown on the plan to link existing roads into a continuous circumferential. A bridge over I-40 connecting Whitfield Road and Eubanks Road is shown. These roads were continuous before I-40 construction. The entire circumferential route is shown as a major thoroughfare on the recommended plan because functionally, the route would serve as a major arterial and would provide an alternate to the congested US 15-501 for residents of northern Chapel Hill. It is projected that connecting the existing mutes into a continuous route will result in a minor increase in traffic volume, but widening of the road is not anticipated within the 20 year study period. 2.9 15 Comments: Residents of the Stoneridge and Sedge&eld subdivisions located on the north and south sides of Whitfield Road have voiced concern and opposition to the upgrading of the classification of Whitfield Road to a major thoroughfare and the construction of the connector to Eubanks Road. The residents feel that this designation would result in increased traffic volumes and speeds, as well as future widening of the road. This would separate the neighborhoods which share a common recreation facility and owners association and pose a hazard to pedestrians. Response: Whitfield Road by virtue of its location currently serves as the major carrier of internal travel in this area. Changing the designation from major to minor thoroughfare administratively would have no effect on the actual traffic on Whitfield Road, however connecting it to Eubanks Road as part of a circumferential route would result in a small increase in volumes. An increase of 10% by 2010 is projected. This increase would not warrant any widening or other upgrading of Whitfield Road during the study period. It is recommended that the designation of Whitfield Road remain a major thoroughfare and the Eubanks Road connector be eliminated from the plan as originally proposed. Residents need to be reassured that the designation of the road on the plan as a major thoroughfare does not mean that it will be widened now or in the future unless traffic volumes grow at an unanticipated high rate. The designation of Whitfield Road as a thoroughfare would allow for necessary safety improvements, such as widening of shoulders of the construction of sidewalks. PROPOSED UNC ROADWAY CHANGES Comments: Many of the roadway changes included in the draft UNC Land Use Plan affect the thoroughfare system. The proposed UNC roadway changes should be included in the regional transportation model and the effects of those changes analyzed. Response: Many elements of the proposed UNC Land Use Plan, particularly those involving roadway modifications are still being considered by the University. A joint committee of representatives front the University, Chapel Hill, and Carrboro has been formed to consider a wide range of Town/University issues. It is anticipated that this committee will consider thoroughfare related issues within the next few months. In order to give this committee an opportunity to make a recommendation concerning the thoroughfare modifications related to the UNC Land Use Plan, none of the proposed changes have been included in this revision of the thoroughfare plan. The thoroughfare plan may be revised at a later date to incorporate any UNC related changes. 2.10 16 PTITSBCIRO STREET EXTENSION Background:The Pittsboro Street Extension is part of the currently approved Chapel Hill- Carrboro Thoroughfare Plan. It has been included in every thoroughfare or roadway plan for Chapel Hill since 1959, although the actual alignment has varied over time. The first discussion of the extension, in the 1959 Report on Major Thoroughfare Design, called for a two-way road extending from Maiming Drive to Airport Road to replace Columbia Street, which was to be converted to a cul-de-sac in the UNC Health Complex. In 1964, the report Thoroughfares: 1963-1983 recommended that Pittsboro Street be extended from Manning Drive to Airport Road,via Pritchard Avenue, and widened to four lanes. Columbia Street would continue to function as an arterial. - A 1969 report entitled Development Alternatives, which dealt with land use as well as transportation issues, recommended abandoning the Pritchard Avenue alignment, and proposed an alignment similar to that described in the 1959 plan. In 1976 Chapel Hill-Carrboro Transportation Plan,prepared by the NCDOT, the Pittsboro Street Extension was again recommended. However, it was suggested that a segment of Pritchard Avenue be included within the Extensions's alignment , although the Extension would ultimately connect to Airport Road at North Street. This was the first report in which the utilization of one-way pairing was recommended. However, this plan was not approved by the Chapel Hill Town Council. - The current adopted thoroughfare plan,the 1983 Chapel Hill/Carrboro Thoroughfare Plan Report also recommended construction of the Pittsboro Street Extension. However, it suggested that one-way pairing not be implemented immediately upon the completion of the new roadway construction, but instead implemented at the time when the traffic demand becomes such that the public demands relief from congestion. As a result of this recommendation, existing Pittsboro Street has been converted from a two-way to a one- way street. This has improved congestion at the intersections of Pittsboro Street and • Cameron Avenue and Pittsboro Street and Manning Drive. Three other alternatives were considered,during the analysis of the 1983 Plan. These alternatives are listed below: 1. Widen Columbia Street to six lanes. 2. Widen and realign Raleigh'Street and Hillsborough Street. 3. Extend Ransom Street sor:it to Columbia Street; widen and realign,the • north end with Mallette Strzet; extend Mallette Street to ROsemary; realign University Drive with the 'Manning Drive/Pittsboro Street intersection. 2.11 cesommor 17 None of these alternatives provided sufficient roadway capacity to meet the needs of the projected traffic demand. Additionally, the staff felt that these alternatives were more disruptive to the adjacent neighborhoods and University buildings than the recommended alternative. Comments: During the public meeting process following the release of the draft report, citizens questioned the need for the Pittsboro Street Extension. Many encouraged the Town to explore alternate means of moving individuals along the Columbia Street corridor, including increased use of the public transportation system. Comments were received concerning the impact in the existing Northside neighborhood and the Town Center area. Residents along Pittsboro Street were critical of the existing one-way pairing with Columbia Street,citing increased traffic volumes and traffic speeds between Cameron Avenue and South Columbia Street. Members of the various fraternities and sororities were concerned about the impact on the "Frat Court" area and the possible destruction of additional structures. Response: Various alternatives to the adopted Pittsboro Street Extension have been analyzed by the staff, in addition to the numerous alternatives that have been considered since the thoroughfare was first recommended in 1959. The alternatives to the Pittsboro Street Extension and the analysis findings are described below. 1. Widen Columbia Street to six lanes and allow two-way traffic. Do not construct the Pittsboro.Street Extension. Daily traffic on Columbia Street will increase from 150% to 200% at some locations, if it serves as the only main north-south route through Chapel Hill and UNC. A six lane, two-way facility cannot accommodate those volumes. The capacity of a six lane arterial street is approximately 35-40,000 vehicles per day. The capacity of a roadway represents the number of vehicles that can reasonably be expected to traverse one point during a 24-hour period. This widening would be more damaging to businesses and University buildings,and .would present a significant barrier to the thousands of pedestrians which cross daily. 2. Construct Pittsboro Street Extension to Rosemary Street and improve the Rosemary • Street and Columbia Street intersection. Implement one-way pairing of Columbia Street and Pittsboro Street. Projections indicate that 34,000 vehicles per day would make the right turn movement from Airport Road onto Rosemary Street. The existing intersection configuration could not support near this number of vehicles. Extensive reconstruction would be necessary that would include converting Rosemary Street 2.12 18 to a cul-de-sac or dead end road west of Pittsboro Street. This scenario would not only eliminate the ability of Rosemary.Street to relieve traffic on Franklin Street, but would divert traffic now using Rosemary Street onto Franklin Street. 3. Widen Hillsborough-Street and Raleigh Street from Airport Road to Country Club . Road. The transportation model indicates that this scenario would divert approximately 3,000 vehicles per day from Columbia Street to Hillsborough Street. This reduction of Columbia Street traffic will not-have a significant impact on Columbia Street, which would continue to carry between 62,000 to 75,000 vehicles per day, but would represent a significant increase in Hillsborough Street volumes. This alternative would be extremely difficult to implement given the steep topography along the Hillsborough Street.corridor. Further, this alternative would traverse the center of the UNC campus, where thousands of pedestrians now cross Raleigh Street daily. Roadway widening would be necessary. This would require acquisition or extreme disruption to numerous private homes, University buildings, and old stone walls along the corridor. 4. Widen Hillsborough Street and Raleigh Street from Airport Road to South Street. Again, only about 3,000 vehicles per day were diverted to the Hillsborough Street\Raleigh Street corridor. These vehicles would be routed through the northern section of campus. This alternative, along with alternative #3 is ineffective because it routes traffic away from major destinations and increases overall travel time. 5. Construct the Pittsboro Street Extension, but allow both Columbia Street and Pittsboro Street to function as two-way roads. This analysis indicates that the majority of the traffic flow would follow the . . through movement, Columbia Street, rather than complete a turning movement to access Pittsboro Street. For the two roads to work effectively, traffic demand would have to be shared equally by both facilities. This could only be forced with the implementation of one-way pairing. • Response: Traffic volumes within the Columbia Street corridor are anticipated to double within the planning period. Currently the Columbia Street-Pittsboro Street corridor provides the main access from the north into Chapel Hill, the University and the Memorial Hospital area. • The existing roadway configuration will not support the 2.13 19 anticipated increase in traffic volumes. The extension of Pittsboro Street and the subsequent one-way pairing with Columbia Street would provide the best reasonable solution to the current congestion problem that will significantly worsen over time. One-way pairs are significantly better for traffic operations. They allow for increased capacity without widening the roadway or increasing the speed of traffic. A one-way street has a higher capacity than, a two-way facility of the same width. A one-way pair will have as much as 50% to 80% more capacity than two two-way streets. Travel time is generally improved with one-way pairing, where a decrease of 10% to 50% is normal. • Safety is also enhanced, as studies have shown that conversion of two-way streets to one- way streets reduces the total number of accidents by as much as 10% to 15%. . Further, one-way streets with major intersections signalized provide sizeable gaps in the traffic stream for safer crossing by pedestrians and vehicles at other cross streets and driveways. This is particularly important in the University area, where there is heavy pedestrian traffic crossing both Pittsboro Street and Columbia Street at numerous locations daily. The one-way pairing would also improve the efficiency of signalization at the Columbia/Franklin intersection. Signalization at this location currently must accommodate all automobile turning movements with protected phases and also allow for heavy pedestrian movements. -The elimination of one-way direction of traffic would benefit both pedestrian and vehicle movement.. • Coordinating the timing of the traffic signals along a one-way street allows continuous progression of traffic. This provides an effective method for controlling speeds. Signs posted along the roadway would inform drivers of the speed for which the signals are set. Finally, the increased capacity provided by one-way streets may make parking feasible on one or both sides of the roadway, at least during a portion of the day. • • Transit access through the heavily used Columbia Street corridor would be enhanced through the continued use of the western most travel lane for the southbound transit vehicles. This "contra-flow" lane, between Rosemary and Cameron, would not require new construction and would maintain direct southbound transit service in the Columbia Street corridor. As the alternative analysis shows, there are no other options for major diversions of traffic traveling to and from the town center, the UNC campus and the North Carolina Memorial Hospital. The proposed one-way pairs will not provide a total solution to travel demands. The use of alternative forms of transportation, such as public transit, bicycles, and carpools will be encouraged. However, it is unlikely that a mode split between 2.14 • • . • , . • -. 20 . . . • • • personal automobiles and alternative forms of transportation can be achieved that will • halt the increase along the thoroughfares.: • . • •• • •• . - . . . .•... , .• .- • • ....• . .. • • ._ . . . . : . • • • . . . • . NORTHWEST QUADRANT.•. . • - : .• • THE OUTER LOOP (NORTHERN FREEWAY) - • . • •• • • • Background: The recommended plan includes a freeway which extends from 1-40 north . • of Chapel Hill, interchanging with 1-85 in Orange County, extends around the north side • of Durham, passes thorough the.Treyburn development, interchanging with 1-85 east of • Durham,: then extends south to interchange with the Northern Wake Freeway (Outer • . • Loop) near Raleigh-Durham International Airport. The purpose of this freeway is to provide a high level circumferential route around the northern Chapel Hill and Durham • area and thus relieve congestion on radial routes by providing a connector to..1-85, 1-40 and US 70. In addition; the freeway would allow easy access for residents of Chapel Hill, Orange County,,and eastern Durham to jobs in northern Durham and Treyburn. Access will also be improved.to north Raleigh and the Raleigh-Durham International Airport. • .. The Outer Loop is described in more detail in Report #2. '. •• . •. •• • • • • • • . • • The western terminus of the Northwest Outer Loop is 1-40 near the NC-86 Mount Sinai • • • •. . Road intersection. From this point, the freeway is designed to pass through the Orange • County/Chapel Hill rural buffer paralleling the,railroad to interchange with 1-85. No • • - interchanges are proposed.between 1-40 and 1-85. .North.of 1-85 the.Loop would cross . . the Eno River east of Pleasant Green Road, interchange with Cole Mill Road, and follow a northeast direction into Durham County. The freeway would cross Craig Road and . . Bivens Road near the Willowhaven area,'cross Russell Road, and interchange with Guess . • Road south of Saint Mary's Road....The freeway would cross Mason Road at Johnson Mill • . • . • Road i:.interchangez with._US 01north of. Snow.Hill Road,-. then enter the:Treyburn . • • development:.An alternate alignment for the segment of the freeway between Cole Mill .... • Road and 1-85 is also shown. This alternate alignment would interchange with 1-85 east - • . of US-70,' pass through Eno River State Park, and follow the previously described • alignment just south of Cole Mill Road. • • _ • : • . .• • r •••-• • • • • Comments::Public comments and criticisms were received on several specific'sections of • , • . the Outer Loop.in the.Northwest Quadrant.,These will be addressed individually.: ' •• ..• • • .!I11;;::•!.:11* : :1%1 . . 1-40.to I-85:.Residents of neighborhoods along NC-86,Trinkus Manor, Hill' s of New Hope.; • . • • and Hideaway Estates; voiced concern over the damage that the freeway would cause to • . • the neighborhoods in their area. The freeway would not provide any lotal access to the • • area, and would be of no benefit to them. In addition, concerns for the environmental . • . impact on New Hope'Creek, Duke Forest, rind the Orange County rural buffer were •• • 2.1;5 . • • . • • ; 21 expressed. The temporary disruption caused by construction, as well as the permanent impact due to traffic noise and pollution are of considerable concern to these residents. They feel strongly that the value of their property will be reduced due to the proximity of the freeway. The rural buffer is zoned for low density residential and agricultural development to inhibit urban sprawl into the rural area. The buffer area will generate • little traffic now or in the future. Many citizens feel that the Outer Loop violates the concept of protection provided by the buffer, and feel that pressures to develop will result from its construction. Representatives of the Emerson Waldorf School located near the NC-86 Mount Sinai Road intersection voiced similar concerns for the adverse impact on the school. Response: This section of the freeway is to provide regional connectivity, provide for • desired intercity movement between Durham and Chapel Hill, and relieve the overburdened US 15-501 corridor. The proposed alignment follows the railroad track and has no interchanges in the rural buffer area. This was done intentionally to minimize the impacts on the rural buffer. This alignment is a planning concept only and reflects the need for such a facility in this general area. Inclusion of the corridor on the Thoroughfare Plan allows for the protection of a corridor. Environmental studies and final design will minimize to the fullest extent possible the negative impact on neighborhoods and the environment. The deletion of this portion of the Outer Loop will place an additional traffic burden on US 15-501 (7000 vehicles per day). In the Hillsborough area, increased traffic will be felt on Saint Mary's Road, Elizabeth Brady Road, Lawrence Road, and NC 86. Each of these Roads would require widening earlier and at a greater magnitude without the proposed freeway. There will be social and environmental impacts associated with these widenings. enings. An additional route north of Hillsborough connecting to I-85 near Mebane does not serve the projected travel patterns from southern Orange County to northern Durham County. Such a facility would not be justifiable as a freeway facility. Hillsborough's plan currently includes a north side arterial by-pass. Eno Park Spur. The section of the Outer Loop shown as an alternate routing on the recommended plan passes through Eno River State Park between Cole Mill Road and I- 85. Individuals and the Association for Preservation of the Eno voiced disapproval of the freeway through the park. They stated the road through the park would violate the agreement made by the donors of the park land. Not only would the road be a potential source of pollution of the Eno, it would disrupt the pristine natural area, and endanger the delicate species of plants and animals that live in the area. 2.16 22 Response: After additional analysis of other alternatives, the staff recommends that this alternative section of the proposed Outer Loop be removed from the plan at this time., Alternate alignments are possible and meet the travel demand needs. An alternate alignment connecting all the way to I-40 is recommended. This section of freeway has been removed from the currently recommended plan. I-85 to Guess Road: This section of the Outer Loop passes near the Willowhaven area of northern. Durham. Along Craig Road several homes would be taken by the project, and several other homes would be in dose proximity to the freeway. Residents of this area feel that, even though it be many years before the freeway would actually be constructed, the threat of a future road would hurt the resale value of their homes. They feel that the corridor for the freeway should be purchased as soon as it is determined in order . to avoid this problem. In addition, several residents have pointed out that a large area of Orange County west of Pleasant Green Road has no development at all, and no homes would be impacted by a shift of the alignment into this area. Response: There are several possible alternate alignments for the freeway to the west which would avoid causing a negative impact on the Willowhaven area and avoid the portion of Eno Park west of Pleasant Green Road. These alternative designs have been explored by the staff to determine which alternative should be recommended in lieu of the alignment shown in Report #2: Analysis of Alternatives and Recommendations. The alternative selected passes west of Willowhaven and is a less disruptive and less costly alternative. An environmental impact statement will be required before final design. Guess Road to US-501: No comments were received on this section. NORTHEAST QUADRANT • NORTHERN SPUR. Background:The recommended plan shows a freeway spur which extends from the Outer Loop in Treyburn northwestward through Bahama to US-501, paralleling the railroad in this corridor. The purpose of this road is to provide good access from northern Durham and Person Counties to the employment center in Treyburn. Comments: Residents of the Black Horse Run subdivision on US-501 have voiced opposition to this section of freeway since it would pass in close proximity to this neighborhood.' Other residents feel that this freeway would provide access for the Supercollider, which is also widely opposed by residents of the area. In addition, the 2.17 23 entire length of this spur is within the water quality critical area for Little River and Lake Michie Reservoirs. The potential for pollution of these reservoirs is a serious concern. Response: Upon additional review, the staff determined that a freeway is not necessary to meet the projected demand and recommnddc that the concept of the freeway north of Treyburn be eliminated from the plan. From Orange Factory Road northward, Stagsvdle Road and Quail Roost Road can be upgraded to accommodate traffic volumes projected through 2010. South of Orange Factory Road, through the Treyburn development, the Freeway is recommended. OUTER LOOP - EASTERN FREEWAY US 501 to Oxford Highway: Background: This section of the proposed freeway passes through the Treyburn development and was included on the approved site plan. Comments: General comments opposing Treyburn and freeways in general were received for this section of the freeway. Response: Current zoning permits significant industrial, office, commercial and residential development in this quadrant. If the development density permitted under current zoning, particularly employment, is even partly realized, major road needs will be created. To include them in this Thoroughfare Plan is to lay the groundwork to have the needs met in conjunction with the development rather than in reaction to it. The projections indicate that a freeway will be necessary to handle the traffic demands. The alignment recommended appears to be the best to both serve the projected needs and minimize environmental impacts based on the preliminary information available. No revisions are proposed for this section. Oxford Highway to I-85: Background: This section of the Outer Loop would provide access between Treyburn and 1-85 east of Durham. Interchanges would be located at Old Oxford Road, Hamlin Road east of Red Mill Road, and I-85 at the existing Redwood Road interchange. Comments: Several citizens are concerned with the environmental impact of this section of freeway. In addition, the North Carolina Chapter of the Sierra Club has pointed out that: the proposed alignment of the freeway traverses the water quality critical area of the Falls Lake; it crosses wildlife mitigation lands set up when the lake was created; it crosses the Eno River near the Red Mill Road crossing. They state that a freeway 2.18 24 through this environmentally sensitive area would not only be detrimental through pollution, habitat destruction, and lake and stream sedimentation, but would create pressures for higher intensity development than is possible in watershed areas ( 2 acre lots), and rezonings would be requested. Response: This alignment of the Outer Loop was selected to avoid almost all existing development. An alignment further to the south and west and outside of the water critical area would pass through existing subdivisions and require taking a significant number of homes. Environmental concerns were recognized and an attempt was made to balance the environmental and social concerns. However, the plan is a planning document and the issues of environmental impacts and mitigation between environmental and social issues are better addressed in the environmental impact statement that will be required prior to construction. No revisions are proposed. 1-85 to US-70: Background: This section of the freeway is considered to be a long range need. It would include interchanges at I-85, Cheek.Road, NC-98, the Wake County Outer Loop, and US- 70. Much of this alignment passes through Durham County Critical Watershed areas along the western side of Falls Lake. . Comments: Only general comments concerning the negative impact of the freeway on the . watershed for Falls Lake were received on this section. Response: The alignment was selected to avoid existing residential development in the area. The alignment is constrained by interchanges with 1-85 on the north-end and the Northern, Wake Freeway on the south end. An environmental impact statement will be required to fully assess impacts and create relative balance in fixing the alignment. Staff from the North Carolina Department of Environmental Management was contacted to get their reaction to the proposed road. The indication was that an access controlled facility with limited interchariges would have less detrimental impact on the critical watershed areas than a road which permitted access and encouraged development along its entire length. No change in the recommendation is proposed. ENO DRIVE Background: Eno Drive is included on the adopted 1964 and 1980 Durham Thoroughfare Plans in nearly the same alignment as shown on the recommended plan. Minor revisions to the alignment were made in the northwest quadrant near Rose of Sharon Road through Croasdaile Farms subdivision and near Sparger Road. In the northeast quadrant no changes from the adopted alignment are proposed. Eno Drive will interchange with 2.19 • 25 I-85 west of Durham, and extend around the northern side of the city on the south side of the Eno River. Between Guess Road and Roxboro Road, Eno Drive will form the southern boundary. of West Point on the Eno Park. East of Roxboro Road, right-of-way has been dedicated and acquired for the road between Old Farm subdivision and JFK Towers. Eno Drive will, follow the alignment of Hebron Road to Old Oxford Road then southeastward to interchange with I-85 at Glenn School Road. Conte: One comment was received concerning the impact of Eno Drive on Old Farm and JFK Towers. The concern is that the road would stimulate development near the park and that it would separate the elderly residents of JFK Towers from the Riverview Shopping Center where they shop. There was also concern regarding the alignment of the road to Old.Farm and Riverwalk Condominiums.s the proximity ntizen commented that Eno Drive should be designed to have limited access, bikeways, buffering and abatement measures to provide the maximum compatibility with the park and the adjacent neighborhoods, Response: The current functional alignment of Eno Drive was determined in 1964 when it was first included in the Durham Thoroughfare Plan and before any of the development in the area occurred. The right-of-way was dedicated with the development of the Old Farm Subdivision, JFK Towers, and other developments and was shown on the property maps of the area. In addition, the City has purchased some right-of-way for the facility. • In fact, the City controls; either through purchase, dedication, or commitment on development plans for dedication; all of the right-of-way needed from one-quarter mile (1500 feet) east of Roxboro Road to Guess Road. This is one case where advance planning has allowed a thoroughfare need for the road. This wi ceothe futurextensive ost right-of-way dedicated priori the impacts on adjacent development. well as m,ni,,, rye The City of Durham Traffic Engineering Division has studied alternative alignments and has found that the alignment proposed will result in the least impact on the area. Shifting the alignment either north or south of the current alignment will impact existing developments. To the north, the alignment is confined by the Eno Park boundary and the Old Farin subdivision. To the south, a new.ali Argonne Frills subdivision. One minor alignment gnment would cross the existing gnment change to the south is possible which would take the roadway south of JFK towers. However, this alignment impact on the Old Farm community and would have considerable additional impaction the Argonne Hills community, In addition, it would require the abandonment of two- thirds of a mile (3500 feet) of right-of-way already available and the purchase of new right-of-way, including a commercial building, at considerable additional expense.. The pedestrian access between JFK Towers and the Riverview Shopping Center will be given special attention and could include pedestrian underpasses or overpasses. buffers and noise abatement and provision of bikeway measures will be considereed use of when 2.20 26 the detailed designs of the road are prepared. No changes are proposed for this roadway. Y ALSTON AVENUE EXTENSION Background: This proposed thoroughfare would extend from Alston Avenue north of Holloway Street parallel to the railroad and cross under I-85 near Camden Avenue. From this point two alignments are possible: the original alignment would swing west throe a section of dedicated right-of-way north of Club Blvd., and tie into Roxboro Street through Road. The new alignment would follow Midland Terrace and Dearborn Drive and intersect with Oxford Road at Hamlin Road. Those routes would give needed relief to the Bragtown section of Roxboro Street. The new route would also provide better access to Treyburn from the eastern part of the city. Comments: A comment was received concerning the new alignment of Alston Ave. Ext. at Midland Terrace. The alignment as shown on the plan would take a new food distribution facility. Response: The old and new alignments of Alston Avenue Extension will be shifted to the northeast to avoid this property. Both the old and the new alignments are proposed to remain, on the plan. SOUTHEAST QUADRANT EAST END CONNECTOR Background: The East End Connector is included on the Adopted Thoroughfare Plan. It is a freeway linking US 70 to the Dean Freeway east of East End Avenue, improve access between northern Dunham and the Research Triangle It and greatly Durham International Airport. e Park and Raleigh- Comments: A comment was made that the Connector will not improve access for East Durham since much of the area does not have access to either the Dean Freeway or US 70 and that access to the Dean Freeway is needed between Briggs Avenue and Ellis Road. The request was made for improved access to US 70, the Dean Freeway, and the East End Connector. Response:The East End Connector remains the primary thoroughfare improvement in East Durham. It will improve access from the Raleigh Durham International Airport, the Research Triangle Park and east Durham to I-85 and points north. Additional minor 2.21, 2? thoroughfares have been added to the Ian to im proposed for the East End Connector. p prove local access. No changes are 2.22 28 III. THOROUGHFARE PLAN APPROVAL PROCEDURE This report will be presented to the Durham City Council, the Durham County Commissioners, the Town of Chapel Town Council, the Town of Carrboro Board of Aldermen, the Orange County Commissioners, the Chatham County Board of Commissioners,and the Durham-Chapel Hill-Carrboro Urban Area Transportation Advisory Committee (TAC) for approval. A series of public hearings will be held by these boards beginning in March. In order to keep the meetings manageable, assure that there is ample opportunity for public input, and focus each hearing on concerns on specific areas, the planning area is divided into four quadrants. If some areas move forward in the process faster than others, the plans for each quadrant could be adopted separately if necessary. The four areas are: (1) SOUTHWEST-This area includes Chapel Hill, Carrboro,southwest Durham, southern Orange and northern Chatham Counties. (2) SOUTHEAST - this area encompasses southeast Durham including the Research Triangle Park and the Raleigh-Durham International Airport Area. (3) NORTHEAST - This area includes northeast Durham, Treyburn, and the Little River, Lake Michie, and Falls of the Neuse watershed. (4) - NORTHWEST - This area encompasses northwest Durham and central Orange County including the Eno River Park up to the Hillsborough area. After holding public hearings, each governing body will approve the Thoroughfare Plan which may incorporate additional changes as a result of the public hearings. Depending on the comments and perceived problems, adoption by quadrant may be necessary. If adoption by quadrant is necessary, the study team recommends that this be done in order as listed above. This is the order of urgency for having an adopted plan to guide imminent development. The purpose of adopting the plan in segments, if necessary, is two fold. One reason is a compelling need to have an adopted plan in areas under active development where we do not currently have one, most notably the I-40 corridor and the RTP/RDU Airport area. The second reason is to avoid the possibility of having the entire plan held up by controversy on one proposed facility. It is recognized that adoption of the plan by quadrant is only possible if the controversial facility or its potential replacement does not cross quadrant boundaries. After all segments of the plan are adopted on the local level, and by the Durham-Chapel Hill-Carrboro Urban Area Transportation Advisory Committee (TAC), the entire plan will be submitted to the North Carolina Board of Transportation for approval. 3.1. 29 - t =-.. .. , .- 1 .-:".., • , -(... itir # _ :-N, - i-' 1... . ,.h. .,,..• ' r A / 1 . 4., S. 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F'I , MEETING DATE MAY 1, 1989 SUBJECT: COUNTY AUCTION, 1989 ************************************************************************** DEPARTMENT: PURCHASING & CENTRAL SERVICES PUBLIC HEARING YES X NO ******************************************************************Z******* ATTACHMENT(S) : INFORMATION CONTACT: PAM JONES =RESOLUTION EXT 497 AUCTION LISTING PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBAANE 227-2031 DURHAM 688-7331 ************************************************************************** PURPOSE: To declare as surplus, items on the attached list and to adopt a resolution authorizing the Director of Purchasing and Central Services to conduct an auction of those personal property items declared surplus or confiscated. Auction to be held Saturday, May 20, 1989 at the Public works Department located on Highway ,86, Hillsborough. Quotations from local auctioneers were solicited with Phillip Walker Auctions submitting the lowest respon- sible fee (4.75%) . A lower percentage fee was submit- 'ted but the quotation was unsigned. It has been the policy in the past not to consider unsigned bids. BACKGROUND: General Statute 160A-270(b) requires this procedure to dispose of surplus personal property. Funds generated from the sale of the surplus personal property goes to Orange County. Funds from sale of abandoned and confiscated property to be evenly divided between the two school systems after deducting for expenses, as provided in the North Carolina Statutes. RECOMMENDATION: Adopt resolution. 2 • ., RESOLUTION WHEREAS: Orange County desires to dispose of surplus, confiscated and abandoned property in a manner prescribed by North Carolina State Law, WHEREAS, Orange County has given its own departments and funded agencies the opportunity to acquire this property prior to its disposal, WHEREAS, Orange County has determined that public auction would be the most equitable way to dispose of surplus, confiscated and abandoned property and at the same time produce the most revenue for the County, NOW THEREFORE, BE IT RESOLVED THAT: Orange County Board of Commissioners do authorize the Director of Purchasing and Central Services to conduct a public auction of those surplus and confiscated items found on the attached list on May 20, 1989, The auction to be held at 10:00 a.m. at the Orange County Public Works Department and to be conducted on an as is, highest bidder basis . FURTHERMORE, BE IT RESOLVED THAT: The Orange County Board of Commissioners do hereby authorize the Director of Purchasing and Central Services to sign over the titles • of those vehicles being sold at auction so that ownership may pass to the buyer and to direct the Clerk to the Board of • Commissioners to send notice of such authorization to the North Carolina Division of Motor Vehicles • and do hereby authorize the Director of Purchasing and Central Services to make the necessary adjustments in inventory for items listed and items that have been stolen, salvaged, or destroyed or mistakenly placed in the inventory. 3 SURPLUS PROPERTY 22 DOORS 6 STORM WINDOWS 35 SECTIONS OF SHELVING 19 DESK CHAIRS 23 FOLDING CHAIRS 6 SIDE CHAIRS 2 BENCHES 1 PUSH MOWER 1 RIDING MOWER 1 GRASS CATCHER 1 5 SECTION LOCKER 2 FILE CABINETS 3 READERS 4 DESKS 6 CEILING GRIDS 1 MAGAZINE RACK 8 TABLES 1 SINK, STOVE, REFRIGERATOR COMBO 2 REFRIGERATOR 1 BOOKCASE 2 ' STERILIZERS 2 STERILIZER TRAYS 2 COMMODES 5 SINKS 33 4' LIGHT FIXTURES 100 BLINDS 1 GRAPHOTYPE 1 ADDRESSOGRAPH 1 WATER COOLER 3 OFFICE PARTITIONS 7 CHALKBOARDS 5 8 ' CHALKBOARD TRAYS 1 BULLETIN BOARD 1 SET BATHROOM PARTITIONS 9 DOORS FOR BATHROOM PARTITIONS 1 FILM PROJECTOR 9 OUTSIDE LIGHT FIXTURES 12 TYPEWRITERS 1 DESK LAMP 1 ELECTRIC EDGER 5 SETS EMERGENCY LIGHTS 8 COPIERS 1 SORTER 18 TERMINALS 2 IBM EXUTARY 2 ADDING MACHINES 1 RESPIRATOR 3 CASSETTE RECORDERS 1 SOFA ,, " _ 1 PICTURE 1 READER PRINTER 2 DESK MATS . 25 4' CARPET STRIPS 1 ROLODEX 1 HOSPITAL BED FRAME 1 METAL HEADFRAME 1 SANITARY NAPKIN HOLDER 1 VARIOUS WIRE 1 20' SECTION COUNTER TOP 1 MAP RACK 3 BOXES GED BOOKS 1 READER 1 TRACTOR SEAT 1 COMPUTER READOUT PRINTER 1 BIG WHEEL • • 1 MICROSCOPE 1 KITCHEN CABINET 3 TOOL BOXES 1 SEVERAL SCRAP RADIOS 1 TIRE CHANGER 1 VAN BUMPER 2 TIRE CAGES 1 STEAM PRESSURE WASHER 1 CRANE 1 BRAKE CLEANING STAND 1 OIL DRAIN RESERVOIR 1 . WHEEL BALANCER • 1 1977 DODGE VAN B35BF7X083641 1 1983 FORD AMBULANCE 1FTJ534L1DHA35612 1 1979 FORD AMBULANCE 534HHFC9315 1 1978 CHEVY VAN (30) CGL368U165171 1 1978 CHEVY VAN (30) CGL368U165193 1 1975 CHEVY PICKUP C-10 CCV145F406442 1 ' 1964 FORD PICKUP 3/4 TON F25JH54127 1 1978 CHEVY PICKUP C--10 CC148A159079 • 1 1979 FORD PINTO 9T10Y248054 1 1978 PLYMOUTH VOLARE HL41C8F204509 1 1983 CHEVY MALIBU 1G1AW69H1DR200734 1 1981 CHEVY CHEVETTE (8119) 1G1AB6899BA178158 1 1981 CHEVY CHEVETTE (8117) 1G1AB6896BA178165 1 .1981 CHEVY CHEVETTE (8128) 3.G1AB6896BA178164 1 • 1981 CHEVY CHEVETTE (8114) 1G1AB6899BA177478 1 1981 CHEVY CHEVETTE (8113) 1G1AB6899BA177480 1 1981 CHEVY CHEVETTE (8120) 1G1AB6896BA178120 1 1981 CHEVY CHEVETTE (8121) 1G1AB6896BA178084 1 1981 CHEVY CHEVETTE (8125) 1G1AB689XBA178136 1 , 1981 CHEVY CHEVETTE (8116) 1G1AB6899BA178144 ' 1 1981 CHEVY CHEVETTE (8112) 1G1AB6890BA177531 ' 1 1981 CHEVY CHEVETTE (8122) 1G1AB6892BA178177 1 1981 CHEVY CHEVETTE (8127) 1G1AB6890BA178128 1 1983 FORD LTD (G-7) 1FABP43F7D2154577 1 1979 CHEVY IMPALA (E 6E) 1L69L95275347 1 1982 CHEVY IMPALA (SB8) 2G1AL69L8C110622 "- .1 1983 CHEVY MALIBU (SC2) 1G1AW69HXDRZ99734 1 1984 CHEVY IMPALA (SC9C) 1G1AL6960EX158965 5 BID SUMMARY AUCTIONEERING SERVICES AUCTIONEER FEE (% OF GROSS SALES) PHILLIP WALKER 4.75% DANIEL'S AUCTION 4.90% CURTIS GRAY 10.00% CRAWFORD'S AUCTION SERVICE 2.00% NOTE: The quotation submitted by Crawford's Auction Service was unsigned and according to County policy was not considered. 1 •L 1 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.F.» ACTION AGENDA ITEM ABSTRACT Meeting Date: May 1, 1989 SUBJECT: Capital Project Ordinance DEPARTMENT: Finance PUBLIC HEARING YES: NO: ATTACHMENT(S) : Computer Networking INFORMATION CONTACT: Ken Chavious Capital Projects Ordinance TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To approve proposed Capital Project Ordinance. BACKGROUND: In the 1988-89 Budget the Board of Commissioners appropriated funds in the County Capital Reserve Fund for lease purchase payments on a new computer system. The purchase of the new computer system was approved at the Board meeting scheduled for March 8th and held on March 12th. This ordinance will be amended each year as new funding is budgeted for this account. RECOMMENDATION(S) : Approve motion to adopt the Computer Networking Capital Project Ordinance. immasmaggeseemen 2 CAPITAL PROJECTS ORDINANCE COMPUTER NETWORKING PROJECT Be it ordained by the Board of County Commissioners that pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina the following capital project ordinance is hereby adopted. Section 1. The project authorized is the lease-purchase of an upgrade to the County's mainframe computer system. The project will be financed by an appropriation from the County Capital Reserve Fund. Section 2. The officers of the County are hereby directed to proceed with the project within the budget contained herein. Section 3. The following revenue is anticipated to complete this project for the current year. Transfer from County Capital Reserve Fund $50,000 Section 4. The following amount is appropriated for the project: Computer lease purchase $50,000 Section 5. This Ordinance shall be in effect from the date of adoption until June 30, 1989. Adopted this 1st day of May, 1989. • 1 ORPBSIE llatrar • BOUM CCOS118131/CRIEREI action Agenda • item p3 RICTIONI MOM REETTRACT Obasting Batters Play 1, 1989 SUBJECTE Resolution to Apply for USIA Section 18 Transportation Funds BEPRATIMENTa Aging MEL= IngtRIMEI YOU Nth X f111141:18119eirtS)a Resod ut ion ItS4318181114IBICIBITACTs Jerry Passraore IELEPHIBIE 108/43211-- Hillsborough - 7312-81181 Ouspel Hill - 968-4501 Ptebeaur - 227-2031 Derheits — 688-7331 PLOSKISEs To authorize a resolution (Attached) to apply for UNTA Section 18 funding with the North Carolina Department of Transportation for r-eplacevaerrt vehicles in the Orange County C.A.T. Program. • IISCHENSKOSIa Because of limited UNTA Section 16 (b) (2) funds for capital assistance, the N.C. Department of Transportation has requested that Orange County as part of an urbarrzied area make application under Section IS for funding the C.A.T. (Coordinated Agency Transportation) Program. The application is for $ 109,600 with a 10% local match for two standard 14 passenger vans and three lift equipped conversion vans. To qualify, the CA.T.. Program must provide public accessibility, which is presently being done on a seat available basis an fix human service routes. Local match is provided by participating C.A.T. agencies assigned a new vehicle. 44.7 INECINSIBRIAT/aitgla Approve and sign necessary documents. • • 4.ripendbr A • • • • 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 Shirley E. Marshall and seconded aloud Metabsr's Name) • by'. Commissioner Moses Carey for the adoption of the following . •, (Board Member's Nano) 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 istance for rural public.transportation projects; and • * WHEREAS,the purpotie Of these transportation funds is to provide • incidental general public transportation services in rural and urban areas; • • • WHEREAS,Article 2B of Chapter 136 of the North Carolina General • Statutes and the Governor of North Carolina have designated the North Carolina . • 'Department of'Iansportation(NCDOT)as the agency responsible for acirninistering funds received through Section 18 of the Urban Mass Transportation • ,Act.Of 1964;and • • • • . • • WHEREAS, '• *County .of Orange hereby assures and (Appboan' eaName) certes that it will comply with the Federal Statutes,regulations, executive orders, the Special Section 13.(c)Warranty, and all admixdstrative requirements which. relate to the applications made to and grants received from the Urban Mass • • 'Transportation Admi'nistration,as well as the provisions of Section 1001 of Title • U. p. c. • • NOW, THEREFORE,be it resolved that the Chair Orange County Commissioners • CAnffialimdOEkid.Title) -" of is hereby authorized to submit a grant (Name r and Goer 8aa:d) -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 NCD'OT to provide incidental general public transportation services. - • 1 'Kathleen Baker Deputy Clerk mei dbrieg o$b su Name) CMG of Ca iOr{ng Main) . . • .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 Commissioners duly held on the • 1st ' - day o f• May (Nam.ornaeal Gcwerim�989 • • r�, -�a2P. ,Acting Clerk • 0 (Signature of Certifying Official) Orange-County Board of Commissioners • (Name of Leal Governing Board) Subscribeka.nt1 C to me this 4th day of May 1 ., 19 89 "4.0.Th M. y N. S'4 CP PUBLIt 19 I 4./..„ ,,,..--e-ee.../...e..,°o",,'°_=...a•�`" 4''e • Notary Public • • 0 - _ .°'s�e COU10:,,` My commission expires /d /9f0 e O. /3e 1/47/. a,. ,, i: . ;, h c,, : • - , . .,27..71 Rev.5/88 0 0 • • I £7i/87,¢i� F3&. STATE OF NORTH CAROLINA ONURBANIZED AREA COUNTY OF WAKE ✓ � UBLIC TRANSPORTATION RANT AGREEMENT DEPARTMENT OF TRANSPORTATION ) 6 �/Fe ORK ORDER 9.9043229 and COUNTY OF ORANGE PROJECT NO. 90-18-044 **************************************************************************** THIS AGREEMENT made this the day of , 199x, by and between the DEPARTMENT OF TRANSPORTATION (hereinafter rd 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 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 North Carolina responsible for administering all federal and/or State 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 r - Page 2 of 15 18(a) of the Urban Mass Transportation Act of 1964, as amended, has 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 9040.1B, 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. 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 of a grant agreement between the UMTA and the Department. . _ • Page 3 of 15 Section 4. Period of Performance. The Contractor shall commence, carry on, and complete the Project as described in the Approved Project Budget by June 30, 1992. 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 FIFTY-FOUR THOUSAND, SEVENTY-FIVE DOLLARS ($54,075) 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 FORTY-EIGHT THOUSAND, SIX HUNDRED SIXTY-SEVEN DOLLARS ($48,667). (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 excess of FORTY-EIGHT THOUSAND, SIX HUNDRED SIXTY-SEVEN DOLLARS ($48,667). ..... Page 4 of 15 (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 private nonprofit organization. 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 the 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. Any cost deemed ineligible for reimbursement by the Department shall be deducted from the invoice payment or from the retainage before the final payment is made. Any rejected or unaccepted costs shall be borne by the Contractor. The Contractor agrees that in the event the UMTA or the Department determines, due to rules and/or regulations of the UMTA or the Department, that grant funds must be refunded, the Contractor shall reimburse and pay to the Department a sum of money equal to the total amount of grant funds to be refunded to the UMTA in addition to the corresponding amount of Department match if so required by the Department. Section 6. Accounts, 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 • Page 5 of 15 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 standards established by the Office of Management and Budget Circular A-102, Attachment G dated January, 1981 and subsequent amendments or revisions thereto. (c) Allowable Costs. Expenditures made by the Contractor shall be reimbursed as allowable costs to the extent they meet all of the requirements set forth below. They must be: (1) based on work completed to the satisfaction of the Department within the time frame established by the approved Project, and further be made in conformance with the approved Annual Budget and all other provisions of this Agreement; (2) necessary in order to accomplish the Project; (3) actual net costs to the Contractor, defined as the price paid minus any refunds, rebates, or other items of value received by the Contractor which have the effect of reducing the cost actually incurred, including credit for fuel or sales taxes paid by local governments and private nonprofit organizations eligible to file for such tax refunds from the appropriate State or Federal office; (4) incurred and be for work performed within the periods of performance specified in this Agreement, unless specific authorization from the Department to the contrary is received; (5) in conformance with the standards for allowability of costs set forth in OMB Circular A-87, "Principles For Determining Costs Applicable to Grants and Contracts With State, Local , and Federally I , Page 6 of 15 Recognized Indian Tribal Governments"; and (6) treated uniformly and consistently under accounting principles and procedures approved or prescribed by the Department. (d) Checks, Orders, and Vouchers. Any check or order drawn by the Contractor with respect to any item which is or will be chargeable against 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. (e) 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. (f) Audits. In accordance with Office of Management and Budget (OMB) Circular A-128, "Audits of State and Local Government", dated Page 7 of 15 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. 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 Page 8 of 15 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 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 Page 9 of 15 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 termination of the Agreement. Section 11. Maintenance and Inspection. 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 Page 10 of 15 after notifying and receiving disposition instruction from the Department. Section 14. Disposition of Project Equipment, 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 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 to the Congress of the United States shall be admitted 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 Page 11 of 15 national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or 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 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. Disadvantaged Business Enterprises. (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 • Page 12 of 15 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 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 se q), 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 Page 13 of 15 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 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 Page 14 of 15 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. Page 15 of 15 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 rel / 4 CHAIR", ORAPIG COO / - /WARD OP; TITLE COMMISSIONE- - : 4 ---- „-, (SEAL) ATTEST-40V , A00 -I■ TITLE: Air; DEPARTMENT OF TRANSPORTATION AOP 40.7- 1111 -nr BY: SECRETAR ATTEST: , TITLE: Secretary • Appendix A • I,LTI 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 Shirley E. Marshall and seconded Member.Name) by Commissioner Moses Carey 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 v tue p u dose o trauspotiation.funds is to provide incidental general public transportation services in rural and urban areas; and WHEREAS,Article 2$ of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation(NCDOT)as the agency responsible for administering funds received through Section 18 of the Urban Mass Transportation Act of 1964;and County of Orange WHEREAS,, , hereby assures and 0401auw.xmo Z certifies that it will comply with the Federal Statutes,regulations, executive orders, o 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. NOW,THEREFORE,be it resolved that the Chair Orange County Commissioners (Authorised Ofliciars Ilde) of is hereby authorized to submit a grant (Name fiLoced Gcroeming Beard) 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. ------------------------------------------------------------------------------------------ Kathleen Baker Deputy Clerk menitimosursmolo aCertilying 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 Commissioners duly held on Mama(elms'Gumming Board) the 1st day of May , 1989 . '"") /L. 'COA2/.... kgoCAe/Li ,Acting Clerk (Signature of Certifying Official) Orange County Board of Commissioners (Name of Local Governing Board) SubscribecjAnd4Iworp, to me this 4th day of May , 19 89 -44441x,.. '474' 10 a GD WARY NI,tP ( ($k4) R PUBL\ Notary Public e ,,„zsz.uus.:10,0 My commission expires A6. /e) 17ff 0 ) 'a e-,34 g/tri de-e4 itrtit-cA-A Address 7.2 7t Rev. 5/88 NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION SECTION 18 GRANT 90-18-044 APPROVED BUDGET SUMMARY PROJECT SPONSOR: COUNTY OF ORANGE PERIOD OF PERFORMANCE: October 13, 1989 - October 13, 1992 TOTAL PROJECT FUNDING I. Total Project Expenditures $ 54,075 Capital II. Funding Federal $ 43,260 (80%) State $ 5,407 (10%) Local $ 5,408 (10%) TOTAL $ 54,075 (100%) NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION DIVISION SECTION 18 GRANT 90-18-044 COUNTY OF ORANGE APPROVED PROJECT BUDGET Department 4523 - Capital Approved Object Title Amount 546 Standard vans/14 Passenger Seating (2) $32,000 592 Van rehabilitations (3)* 19,500 991 Contingency (5% of Capital ) 2,575 TOTAL $54,075 *VEHICLES TO BE REHABILITATED Year Make Model Vehicle Identification Number 1883 Ford Van 1FTJS31GHKKHB8734 1983 Ford Van 1FTJS35GKKHB87342 1984 Dodge Van 287KB33WXEK311123 • 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 transperttion prcvid,17s in tha tranEputatin c' 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 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. 0 0 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 , 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. (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 ue.ryalivin9 LuiLh 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 6 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 0 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 0 0 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- -Act 1, the Public Body will assure as a condition of the release of funds that the Recipient agrees to be bound by the terms and conditions of the National (Model) Seqtion 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 he his oblioation to identify the Project and specify the v.if --orient tact_ 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 their positions with respect to their employment; (4) assurances of 0 0 employment to employees of acquired mast transportation systems and 9 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- • (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 , : 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 0 0 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 2 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 thereto, 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 rf t±7 L "'Z (20) '".L es,k.,nt of time1y 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, Moses Carey, Jr. , Chairman, Loar6. Of Commissiowrifereby (Nan-IF-Ea 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. 0 0 , 2 • (Signature) (SEAL) (Date) -45- • 1 I. ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.( -1 ACTION AGENDA ITEM ABSTRACT Meeting Date: May 1 , 1989 SUBJECT: Senate Bill 339, An Act to Establish Uniformity in the Regulation of Roadside Hunting. DEPARTMENT: Manager PUBLIC HEARING YES: NO: X ATTACHMENT(S) : Letter from INFORMATION CONTACT: Manager 's Office Senator Hunt X501 TELEPHONE NUMBER- Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: To respond to Senate Bill 339, An Act to Establish Uniformity in the Regulation of Roadside Hunting. BACKGROUND: SB 339 attempts to provide a statewide uniform standard to the issue of roadside hunting. At present there are over 10 local Acts, including Orange County's. This multiplicity has created confusion for hunters, wildlife officers and the public. At the February 6th Board meeting, Commissioners commented that laws on roadside hunting needed greater clarity of purpose and stronger enforcement. RECOMMENDATION(S) : The Manager recommends that the Board endorse SB 339 with one change; the deletion of the first phrase under paragraph (b) of section 113-291 .9 as follows: "Unless a person owes or possesses a leasehold interest in real property situated on either side of the road or highway. . . " . The point being made is that roadside hunting should and would be unlawful regardless of property ownership. ORANGE ()DIMITY CONDMISMONEMS 108RisTNummumTIANx RTLLSBOBOUGH, N. C. 27278 MOSES CAREY.JR. STEPHEN H.HALKIOTIS JOHN HARTWELL SHIRLEY E.satsuma. May 5, 1989 DON IVILLHOIT Senator Wanda Hunt P.O. Box 1335 Pinehurst, NC 28374 Dear Wanda: This is to inform you that the Orange County Board of Commissioners acted to recommend to you an amendment to Senate Bill 339 (Uniform Roadside. Hunting) . This amendment would eliminate from Section 113-291.9(b) the following "unless a person owns or possesses a leasehold interest in real property situated on either side of the road or highway". The Board believes that hunting from any roadway should be illegal as it is dangerous to both homeowners and motorists. If this bill cannot be amended consistent with the above, our Board urges the rejection of the bill because it would render our current local, legislation which precludes hunting from roadways in Orange County invalid. We would prefer a consistent statewide ban on such activity. However, if that is not possible, we would not like to have our bill effectively repealed by;SB339. If you have questions, please let me know. Sincerely, Moses Carey, Jr. , . - r Board of Commissioners Eribab File cc: Representative Anne Barnes Representative Joe Hackney Senator Russell Walker Board of County Commissioners .gsgAlt.,• 2 . RECEIVED' • , 3-10-11 North Taratinzi emend A.ssemblg gienute ellumber Mate 1IEi91UtEt1E puithing guleigh 276U SENATOR WANDA H.HUNT COMMITTEES: 16TH DISTRICT STATE PERSONNEL CHAIRMAN VETERANS AFFAIRS.LAW ENFORCEMENT CHATHAM.MOORE.ORANGE.RANDOLPH AND SENIOR CITIZENS.VICE CHAIRMAN HOME ADDRESS: P.O.BOX 1335 APPROPRIATIONS PINE NuRST,N.C.28374 APPROPRIATIONSNATURAL AND TELEPHONE.919-733-6664 ECONOMIC RESOURCES BASE BUDGET EDUCATION March 20, 1989 ENVIRONMENT ND NATURAL RESOURCES • FINANCE °JUDICIARY III • LOCAL GOVERNMENT Mr. Moses Carey, Jr., Chairman . WAYS AND MEANS Orange County Board of commissioners Post Office Box 8181 Hillsborough, North CarOlina 27278 Dear Commissioner Carey: Enclosed please find a copy of Senate Bill 339, An Act to Establish Uniformity in the Regulation of Roadside Hunting. This bill attempts to provide a statewide uniform standard to the issue of road hunting. There are over 70 local acts on the books now which causes a lot of confusion for hunters, wildlife officers and the public. Senate Bill 339 would re- peal all these local acts and prohibit road hunting except on two lane roads by land owners or lease owners (a hunting rights lease would suffice). - This bill has been sent to' the Senate Committee on Marine Resources and Wildlife. No action will be taken on SB 339 for quite some time. T. - • , . would like to use thig.time to get_your-views on this legislation. Please consider this issue.and'advise-me on .your position: • • Thank,you for your assistance in this matter. - • Sincerely, • Wanda H. Hunt WHH/ks Enclosure • • • ma 2 4 1989 . . , . - • , 3J :• , GENERAL ASSEMBLY OF NORTH CAROLINA . SESSION 1989 , S . 1 SENATE BILL 339 Short Title: Uniform Roadside Hunting. (Public) Sponsors: Senators Barker; Daniel, Sherron, and Hardin. . .- Referred to: Marine Resources and Wildlife. • March 6. 1989 1 A BILL TO BE ENTITLED 2 AN ACT TO ESTABLISH UNIFORMITY IN THE . REGULATION OF 3 ROADSIDE HUNTING. 4 Whereas, there are currently over 70 local laws in the State of North 5 Carolina regulating roadside hunting; and . 6 Whereas, the North.Carolina. Wildlife. Resources Commission reports that. . 7 the lack of uniform regulation of roadside hunting has resulted in complaints, from . . ..:.-•.-. 8 the general public and has produced confusion among hunters in the.State;.and.. ,, . . .„,,,_ 9 Whereas, the posting of these-various local laws places a great burden, on_ . 10 local officials; Now, therefore, . . . 11 The General Assembly of North Carolina enacts: . 12 . Section i. Chapter 113.,of the General Statutes is amended..t>y adding.a , 13 new section to read: • . 14 "• 113-291.9.- Huntin: from roadwa.s and ri ts-of-wa• of' . Mk roads .and 15 hi l_g_ILM.Ira , 16 (al It is unlawful to do any of the followin• from • or across the rilht-of-wav of 17 ar: interstate hiihway. a four-lane highway, or a three-lane highway in this State: 18 li)._ To hunt. take, or kill any wild animal or wild bird with the.use of . . .. , 19 firearms: or ..., -I: .. . .• GENERAL ASSEMBLY OF NORTH CAROLINA • • SESSION 1989' • • • • 1 at, To attempt to hunt take or kill any wild animal or wild bird with 2 the use of firearms: or 3 . (3). To otherwise shoot or discharge any type of firearm. 4 A1.21 Unless a ersc or possesses interest in real property situated 5 on either side of the road or hi•hway it is unlawful to do any of the followin from. 6 on: or across the right-of-way of a public road or highway of this State other than an 7 interstate highway, a four-lane.highway, or a three-lane highway: 8 . To hunt, take, or kill any wild animal or wild bird with the use of 9 firearms: or . 10 To attempt to hunt, take, or kill any wild animal or wild bird with • , 11 the use of firearms; or 12 al To otherwise shoot or discharge any type of firearm. 13 Lc,), it is 'rima facie evidence of a violation of this section to 'assess a loaded 14 firearm outside of a vehicle, during the season for hunting game birds or game 15 animals with firearms. on the roadway or ri.ht-of-wav of a eublic road or hi.hwav of 16 this State." 17 Sec. 2. To the exient that this act conflicts with any provision of any 18 local act, this act prevails. 19 Sec. 3. The following local acts or portions of local acts are repealed as 20 applicable to the following counties: 21 Alamance: Session. Laws. 1971,:Chapter.206: z • 22 • Alexander: *Session Laws 1987, Chapter 298. • 23 Alleghany: Session Law's 1967, Chapter 477. 24 Anson: . 2 Session Laws 1973; Chapter '1319, as amended' by Session-Laws •' -•-. 25 1975, Chapter 597; 26 Session Laws 1987, Chapter 231, Section 2. • • • 27 Ashe: • Session Laws 1977, Chapter_13.,. .i.... . . • 28 Bertie: . Session Laws 1963, Chapter 252. 29 Bladen: Session Laws 1975, Chapter 525. 30 Burke: Session Laws 1987, Chapter 39. 31 Brunswick: Session Laws 1985, Chapter 840. 32 Buncombe: Session Laws 1967, Chapter 595. 33 Caldwell: • Session Laws 1973, Chapter 150, as amended by. • • 34 Session Laws 1979, Chapter 220; 35 Session Laws 1987, Chapter 39. Page 2 • Senate Bill 339 1 • 5 • , GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1989 • • 1 Camden: Session Laws 1983, Chapter 274. 2 Carteret: Session Laws 1953, Chapter 776. • 3 Caswell: Session Laws 1975, Chapter 215; 4 Session Laws 1967, Chapter 350. • 5 Catawba: Session Laws 1987, Chapter 298. 6 Chatham: Session Laws 1975, Chapter 540, Section 1. 7 Chnwan: Session Laws 1975, Chapter 524; 8 Session Laws 1985, Chapter 868, Section 3. 9 Cleveland: Session Laws 1979, Chapter 587, Section 2. 10 Craven: Session Laws 1957, Chapter 603, as amended by 11 Session Laws 1963, Chapters 268 and 1163; •` 12 Session Laws 1981, Chapter 709; 13 Session Laws 1983, Chapter 305; 14 Session Laws 1985, Chapter 882; • 15 Session Laws 1987, Chapter 248. 16 Cumberland: Session Law!. 1977. Chapter 241. 17 Currituck: Session Laws 1985, Chapter 27. • 18 Duplin: Session Laws 1951, Chapter 450; 19 Session Laws 1953, Chapter 776; 20 Session Laws 1969, Chapter 195. 21 Durham: Session Laws 1969, Chapter.195; • . . • 22 Session Laws 1973, Chapter 1319, as amended by 23 2 . Session Laws 1975, Chapter.597; • 24 Session Laws 1975, Chapter 539. 25 Edgecombe: Session Laws 1961, Chapter 863. 26 Franklin: Session Laws 1965, Chapter 928, Section 2; • 27 Session Laws 1969, Chapter 484. • • 28 Gates: Session Laws 1971, Chapter 389; 29 • Session Laws 1975, Chapter 214, Section 3. 30 Granville: Session Laws 1959, Chapter 459. 31 Greene: Session Laws 1985, Chapter 471, as amended by 32 Session Laws 1987, Chapter 132. 33 Guilford: Session Laws 1967, Chapter 573; 34 Session Laws 1977, Chapter 181. • 35 Halifax: Session Laws 1971, Chapter 404. Senate Bill 339 Page 3 • GENERAL ASSEMBLY OF NORTH C UNA - • • r • SESSION 1989 C • 6 • 1 Harnett: Session Laws 1983, Chapter 791. • 2 Haywood: Session Laws 1969, Chapter 259. 3 Henderson: Session Laws 1983, Chapter 946. • 4 Hertford: Session Laws 1963, Chapter 252; 5 Session Laws 1975, Chapter 214, Section 3. 6 Hoke: Session Laws 1983, chapter 385. 7' Hyde: Session Laws 1957, Chapter 205; * 8 Session Laws 1971, Chapter 520. 9 Iredell: Session Laws 1987. Chapter 298. 10 Johnston: Session Laws 1975, Chapter 341; 11 Session Laws 1965, Chapter 928, as amended by 12 • Session'Laws 1975, Chapter 343. 13. Jones: Session Laws 1983, Chapter 979. 14 Lenoir: Session.Laws 1975, Chapter 73. 15 Martin: • Session Laws 1973. Chapter 257, as amended by 16 . Session Laws 1977.Chapter 89; 17 Session Laws 1973, Chapter 1002; • 18 Session LaWs 1979, Chapter 1154. 19 Mecklenburg: Session Laws 1981. Chapter 524, Section 2. • 20 Moore: *. Session Laws 1971, .Chapter 621. 21 . •• • Session Laws 1977, Chapter;447, as.amended.by , ; 22 Session Laws 1979., Chapter 369. 23 Nash: Session•Laws 1985, Chapter 891, Section- • 24 Northampton:. Session Laws 1965, Chapter.509, as amended by " • -•• . 25 Session Laws 1967,.Chapter 585; 26 * Session Laws 1973, Chapter 78, Section.2. • 27 Orange: • Session Laws 1973, Chapter:1319,.as amended by.,_ ...• •,* 28 Session Laws 1975, Chapter 597; • 29 Session Laws .1975, Chapter 539. 30 • Pender: . Session Laws 1969, Chapter 129, Sections 2 and 3. . 31 • Perquimans: Session Laws 1983, Chapter 213; 32 Session Laws 1985, Chapter 867, Section 1. 33 Person: Session Laws 1973, Chapter 1319, as amended by • 34 Session Laws 1975, Chapter 597. 35 Pitt: Session Laws 1977, Chapter 241. Page 4 Senate Bill 339 ..■•.■••••Mt•Moo■ 7 GENERAL ASSEMBLY OF NORTH CAROLINA • • . SESSION 199 1 Polk: Session Laws 1977, Chapter 241. 2 Randolph: Session Laws 1985, Chapter 303. 3 Richmond: Session Laws 1973, Chapter 1319; 4 Session Laws 1975, Chapter 539. 5 Robeson: Session Laws 1983, Chapter 385. 6 Rowan: Session Laws 1975, Chapter 341, as amended by 7 Session Laws 1977, Chapter 108. 8 Scotland: Session Laws 1977, Chapter 447. 9 Stanly: Session 1969, Chapter 858. 10 Stokes: Session Laws 1969, Chapter 195; 11 Session Laws 1975, Chapter 542. - 12 Surry: Session Laws 1977, Chapter 181. 13 Warren: Session Laws 1965, Chapter 928, Section 2. 14 Wayne: Session Laws 1975, Chapter 341, as amended by 15 Session Laws 1977, Chapter 46. 16 Session Laws 1975, Chapter 343, as amended by 17 Session Laws 1977, Chapter 45. • 18 Wilkes: Session Laws 1973, Chapter 150, as amended by 19 Session Laws 1979, Chapter 220. • 20 Wilson: • Session Laws 1983, Chapter 423. 21 Yadkin: '• Session.Laws 1973, Chapter 150.,.as amended by 1: . • . - • 22 . Session Laws 1979, Chapter 220. 23 Sec. 4.• (Wake County) Section 1 of.Chapter 1382 of the- 1973 Session • 24 Laws reads as rewritten: 25 "Section 1. G.S. 113-104 is hereby amended by adding a new paragraph at the end 26 thereof to read as follows: • 27 'It shall be unlawful for any-person to take deer:with the aid of dogs in Wake • .••• : 28 County, except within the bounds of land upon which the hunter has in his 29 possession written permissior of the owner to hunt thereon, and provided also that 30 the geographic .area is designated by the North Carolina Wildlife Resources 31 Commission as an area in which such hunting is allowed; allowed, and further-rnorc,.. 3 2 - :" - •-•-•- -- -; 4 e 33 right of way." • • Senate Bill 339 Page 5 • • . . ' 8 GENERAL ASSEMBLY OF NORTH CAROLINA. SESSION 1989 1 Sec. 5. Prosecutions for offenses occurring before the effective date of • 2 this' act are not abated or affected by this act, and the statutes that would be 3 applicable but for this act remain applicable to those prosecutions. 4 Sec. 6. This act shall become effective October 1, 1989. • • • • • • • • • • • Page 6 • Senate Bill 339 • • ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date May 1,L 1989_ Action Agenda • Item # C6-10, SUBJECT: WYNGATE SUBDIVISION - PRELIMINARY PLAN ACTION BY: June 6, 1989 DEPARTMENT: PLANNING PUBLIC SEARING: Yes X No ATTACBNENT(S) : INFORMATION CONTACT: Emily Crudup Application Extension 574 Vicinity Map Preliminary Plan Preliminary Plan Certification TELEPRONE NUMBERS: Agency Comments Hillsborough - 732-8181 Draft 4/4/89 Planning Board Durham - 688-7331 Minutes Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To consider the preliminary plan for Wyngate Subdivision. BACKGROUND: The property is located on the south side of Interstate 85 in western Eno Township on the corner of Old NC 10 (SR 1710) and Lawrence Road (SR 1709) . It is zoned Residential-1 with an overlay district of Major Transportation Corridor, and designated as Twenty-Year Transition in the Land Use Element of the Comprehen- sive Plan for Orange County. The 1987 traffic counts were 1300 trips per day for Lawrence Road, and 2000 trips per day for Old NC 10 (near its intersection with NC 86) . Adjacent land uses include interstate highway, utility right-of-way, residential property, Duke Forest (Class 4), and undeveloped woodland. The total acreage of the tract is 70.78 acres. Forty- six (46) lots are proposed which average 1.4 acres in size. These lots will be served by public roads and by individual wells and septic tanks. There is one existing residence on the property. The preliminary plan has been reviewed by all applicable agencies whose comments are attached. _ —= - - Orange County Erosion Control has- indicated a need for - an additional drainage easement between lots 36, 37, and 38. This has been included as a condition of approval. Orange Soil and Water Conservation Staff has reported 2 soils with severe limitations for building development and for septic tank absorption fields. These soils cover a relatively small portion of the site, mostly along drainage swales, and are not prohibitive for development of the site. A representative of Duke Power Company commented that lots 11 through 20 may be somewhat limited since wells and septic tanks are not permitted within transmission line rights-of-way. Orange County Environmental Health made a similar comment and recommended that lots 11 through 20 have the minimum lot size (40,000 square feet) outside the power line right-of-way to provide adequate area for placement of. a house, a septic tank disposal and repair area, and a well. Other lots do not have sites with tentative approval for septic tanks: 13, 24, 27, 28, 42 or 43, and only 3 lots in the area of 16, 17, 18, and 19. These lots must be recombined in order to include approved sites on each lot. All other sites must also be confirmed. The NC Department of Transportation will require 10' x 70' sight triangles to be dedicated at all intersec- tions and will require entrance design details to be submitted for. review. Old NC 10 is designated as a collector in the Comprehensive Plan, so the applicant has indicated five feet of additional right-of-way to be dedicated. DOT has also requested additional right-of-way dedication on Lawrence Road (SR 1709) because that road is a major thoroughfare on the Hillsborough Thoroughfare Plan. However, the Road Classification System contained in the Land Use Element of the Comprehensive Plan for Orange County does not include Lawrence Road. Although additional right-of-way on SR 1709 will not be required as a condition of approval, the applicant has provided larger building, setbacks on lots A, 1, 10, and 11 adjacent to Lawrence Road. In - the event DOT acquires additional right-of-way (20' ) for future improvements to the road, structures on those lots should not be affected. The Planning Staff has recommended the addition of two right-of-way stub-outs to the preliminary plan. One would extend to the eastern boundary line near lot 21. . Another would extend to the southern boundary-line - - - between lots 25 and 26. These stub-outs would allow for future road extensions to facilitate vehicular circulation as adjoining properties are developed. Duke University was contacted regarding the proposed 3 stub-out to the adjacent Duke Forest lands (Class 4) . Max Wallace, Associate Vice President, responded that Duke University would have no objection if the stub- outs were "good planning" and "add flexibility" to future land use in the area. Judson Edeburn, Forest Resource Manager, expressed some concern for water quality downstream in Duke Forest tracts not adjacent to the proposed subdivision. On April 4, the Planning Board recommended approval of the preliminary plan for wyngate Subdivision with the following conditions: 1. Indicate a 30' drainage easement along the swale between lots 36 and 37/38. 2. For lots adjacent to the power transmission lines, provide the minimum lot size (40,000 square feet) exclusive of all rights-of-way. 3. On the final plat, label the Type D Land Use Buffer adjacent to the power line right-of-way as such and provide the Land Use Buffer note from Section IV-B-8-e-2 of the Subdivision Regulations. 4. Dedicate 10' x 70' sight triangles at all road intersections. 5. If a divided entrance is to be included in the final design, submit detail drawings to the NC Department of Transportation for review. 6. Locate additional sites for septic tank disposal, recombine, or omit lots as necessary to respond to Health Department comments and provide approved sites for each lot shown on the final plat. 7. With the exception of lot A, all lots shall have access restricted to the new subdivision roads. - 8. Provide 50' right-of-way stub-outs to the eastern property line in the vicinity of lot 21 and to the southern property line between lots 25 and 26. With the two roads that end in stub- outs, create a "T"intersection between lots 21 and 31/32. Choose an additional road name for - the road extending south. . -- - - 9. Dedicate to public use (Orange County) the rights-of-way for the stub-outs. Provide deeds to the County and label the stub-outs as "dedicated to public use. " 4 RECOmmENDATION: The Administration recommends approval of the preliminary plan for Wyngate Subdivision as per the Planning Board's recommendation. _ - ' PLEASE TYPE OR PRINT ( : ONLY) RE Ei r- Li)� 6/87 _ .. I;IA-_.'S 5 APPL!ATJ ON LOR SUED I YJ 18N APPRO L ORANGE COUNTY. DATE; 1/18/84 • SUBDIVISION NAME: - WYNGATE L OCAT i ON:NE quadrant of i nterserti on of T.iwrpnra. Rnar3 anri (VIA NC -10 OWNER/DEVELOPER: OAK VALUE PROPERTIES - ADDRESS: 20 W. Colony P1. , Suite 280 TELEPHONE NO. : 4900255 • I ur$an() NC 77705 AGENT/CONTACT: Randy Few TELEPHONE NO. : ,990-0255 - OAK VALUE PROPERTIES - • A. SUMMARY INFORMATION: 40 Orange County Tax Map 21 Block as Lot(s)74BStCTownship. Eno Zoning District(s) : R-1 /Mr:' 3 Total Number of Acres: 77 tQ Phases: • Total Number of Lots:45• Average Lot Size: i•4 Minimum Lot 44/;72721 Number/Type of Structures; (existing) 1/house (proposed) • Lineal Feet in Streets: ,4000 Acres in Open Space n/a . . Water Supply: Public (specify) Community_ X Individual Wastewater Disposal : Pubs ic(specify), Community,X individual • • - . School District:frm,g$�oiinty Fire District: • General Land Uses to Area: Residential Critical Areas:no flood a historic sites other (explain) • • B. All plats must be submitted on sheet no smaller than one inch equals two-hundred feet (1"=200') and no larger than one inch equals fifty feet (1" 50') and must contain the following information: . ✓ . { subdivision name ✓-:;a; building setback lines ' .. 'r• +• name of owner's) by notation or typical lot • ' ✓ �•.'• -:-' name of surveyor. layout $:::g engineer or lend ✓ti''-�,,5�Y; existing end proposed j''fr planner 'f vestments (drainage. }::: := 1� �: little) Preliminary ./ utilities. roads. etc.) ''d"Va Plan `'$'••' existing. proposed end scale, north arrow • adjoining rights-ol-way (North at top of map) including dimensions end 1/ }, r date (including "`': street names and state n;g: revision dates) w� • ' road numbers JZ �.•:: k } �:•�''•��•; township. tax map- •;,,,,,,,e; existing end proposed block-lot references :;;•$$ utilities. Including type. ✓ :� boundary oascribed r:;:;:;:; sizes, hydrants. valves -::.:v:• with beer$ngs and ✓ ::: manholes }°� distances existing and proposed >`• ✓ � ::I total acreage of the Y culvert Including sizes _ :;::ix.: tract and acreage of ;.q• and grades o lots, including end ✓1- ,:ziA typical street cross- $$ excluding area within :4f:::: sections end intersection d) }: rights-of•way oetelis' including design in ✓ }:�_•: control corner •''•'•." ens width of trevelwey ,,,en ✓;;;;;,;;:: proposed lot lines end shoulders a V •'::•'::: with dimensions ✓ •::: • horizontal alignment and :: lot numbers MO general curve date (public • E. . - .,k! ;','r,;:;; phasing IInes roads) • ++u- ✓ :;,,;;,;: topography at ten foot .�-':: : permanent features such as • .+ o .•.•:•••.• (10) Intervals 4.;.m. buildings. cemeteries. -G '- ✓ ;;, ;; water bodies. streams. ��.� historic landmarks ci 0 . fioodway end flood- ,r ,r,X,,f adjoining lot layout names +'J 4- C; ;; plains .._ ::• of adjoining.property • • ' • •a' : stream buffers end ::,,za owners end subdivisions a. Ili S:ib:•}:;. notation Indlceting E :;:y��• restricted development potential 6112 ✓ 3•• township. corporate and extre-territorial planning Jurisdic- aG d :: Sion lines which cross the property V 'CJ ideation and size of parcels dedicated for public use or •CD.0 :��-� t�'� reserved in common c1 ci :t location end size of lots of restricted development potential ✓ end notation on plat regarding same ; • stormweter management plan Indicating provision for control of the first 1/2 Inch of runoff from Impervious surfaces • please complete reverse side • 6 C. OTHER SUBMITTAL REQUIREMENTS 1 . Twenty-seven (27) copies of the preliminary plat. • 2. Two full size copies of en Orange County Tax. map (one copy with tax parcels involved clearly marked) . 3. Where municipal or OWASA sewer is not available, a letter from the Orange County Health Department certifying the proposed wastewater system for each lot. • I , the applicant, hereby certify that the foregoing application is complete and accurate. I understand that a $105.00 fee (subdivisions of 1-5 lots) , $210.00 fee ( subdivision of 6-9 lots) , $315.00 fee ( sub- ' divisions of 10-25 lots) or a $420.00 fee (subdivisions of 26 lots or more) Is due at the time of application. A $5.00 per lot fee is due at the. time the final plat is presented for recordation. • APPLICANT'S SIGNATURE /W/OWNER' S SI NATURE DATE DATE • • • be FEES: Amount 40-0 Date Paid i_-X/1-'e9 Receipt ").- 14,6-- • • • • ...fir. , "� _ , , , Cl, 1 .7.\ I..K .II O •'" pp ' I / r •` ,° if '''. .;• , '- '' �'t Y •.. 1�..4,/ , • �\� . V. • ` •- P»� '•1. 4 i . 44••••:.;:,;„... '0 4 •":AllIK f i‘d....1.• prier $4 i::_ f IoM K \ 4 s MGM U�cr ��,"����:�`"�•._/ 1 y, ' ./.� ;. ..-.._.,• :..� •'.- • ., .,,r`4j.'r.,��G}- ...NI s �..,� I I . •I f -,•"y... /! U• .1.• 1, '.l, •I. �YI� . I� 1•IIIIM tEa� /�""w. """4.-...,,,..__ ....tom„ • i • I / I^ ••-.. •• • ..f 7777 W� Kiii alp • i i i / "`I- : •C•..,' .•1 'WW1 K tlY•itpLait#44111P ..___ .. 1♦\ VA ph 0 •/ ' I .• may.-.. ••Frdi�4 �-m m,.y I1-"".'_:• ../J� 0.1.t. ,,Y 'i∎t:„...: \�\mow .' •.. �/J Y! '• =ME P\\ • • V yK. :-'7),P'A.. .1%.. -.......4.„.... ' ' . ,/,® . .1 -1 „.4000000.0''. -4 '-. .„:".4*-s:-..-:-t.-,_;.,...,!1#47,-V.. tairigwet.p.-#4. Pa'. .. �•`.'`. 4410 .�$� m' ■ne v/ fli\A" .001J0 e maPix ---, '4`4.'-i•-•:-... 404 '"" *ii, 11 C1��1-I •• t ..i. . 40 ►w.rs'«.Il�c O!eo 11T•s Q Past I lb IC (- !^) M R• •IILL . ... N K ti smc .s K i 11*CAL.e•= !• - woo' -,y• �' 3 1 • 4k,:„,, $ \ _ ® o. , Aft 0 •old.. ....... .s. , e./.i 0%VIM.; ,, '.'1-4 .'.1.C.,._ -... #44 41 rile '. ,. .9 I M grra .... 1 / .x 0 17717 sit , ..... tre,-1.. •Afe _ , itf.,, ' / ,1 ry 1 7.L�h.l 11.!CI= -l / c '% .�• . ' d„ ." .r _ 4 Mc•�.0/Ix(\I om roc*c ri, { •O Perri s a N.....rr ..».L r I \ I • . N.. 111114141 201111131. .• I \ I e ',.,.. 7., ..,. M1 !w w 4. • - .S aw•C4•••..�- -..- - ..,� ( :J 11..'L 0 , 8 WYNGATE SUBDIVISION 11/85 ORANGE. COUNTY CERTIFICATION AND APPROVALS - PRELIMINARY PLAT STAFF ASSIGNMENT: Emily Crudup, Planner II SKETCH PLAN: Received 1/10/89 Reviewed 1/12/89 PRELIMINARY PLAT: Received 1/24/89 Reviewed REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE:_ 2/23J89 CERTIFICATION: E.M. Cowan, District Engineer SCHOOL BOARD (Orange/Chapel Hill-Carrboro) : DATE: Duke Power Co. CERTIFICATION: N A UTILITIES (OWASA/Hillsbbrough/Mebane/Orange Alamance/Durham) : DATE: 2 22 89 CERTIFICATION: P.R. Burcham OTHER: Recreation Advisory Council (Date) Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro (Date) Hillsborough (Date) Durham (Date) Other - S & E W. Faircloth 3/6/89 (Date) - Health T. Konsler 3/3/89 (Date) - Soil & Water G. Hughes $/2/89 (Date) Conservation PLANNING BOARD: Date: Approval Approval with Condition(s) Denial BOARD OF COMMISSIONERS: Date: Approval Approval with Condition(s) Denial _ - - • - _ _ _ _ 9 S . 15 ti 9 1, STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION P. 0. Box 766 Graham, N. C. 27253-0766 JAMES G.MARTIN DIVISION OF HIGHWAYS GOVERNOR February 22, 1989 JAMES E.HARRINGTON "ci) EIV 0) GEORGE E.WELLS,RE SECRETARY STATE HIGHWAY ADMINISTRATOR 7-5- ORANGE COUNTY Ms. Emily Crudup Orange County Planning Department 306-F Revere Road Hillsborough, N. C. 27278 SUBJECT: Wyngate Subdivision Off SR 1709 (Lawrence Road) - Preliminary Plan Dear Ms. Crudup: - This is to advise that the subject preliminary plan has been reviewed by this office. Based upon this review, the following comments are offered: 1. Entrance location appears to be adequate. 2. Typical entrance design is preferred; however, a divided entrance may be used. Design should be submitted to this office for review. 3. 10' X 70' sight triangles are required at ALL intersections. 4. No horizontal curve data was provided. It appears that this portion of Lawrence Road is on the Hillsborough thoroughfare plan. Mr. Danny Rogers of Statewide Planning in Raleigh has informed this office that Lawrence Road will require a 100' right-of-way and Old NC 10 will require a 60' right-of-way east of the intersection. It is highly recommended that this right-of-way be dedicated as part of this development. A copy of the plan is attached for your use. If you have any question regarding any of the aforementioned comments, do not hesitate to contact this office. . . _ Yours very tray, COW0-4J4, E. M. Cowan DISTRICT ENGINEER EMC/spi atta. An Equal Opportunity/Affirmative Action Employer ..: I ( ! to •n' a �— 9 / r s. a .y, .(i $ It * ) ''') a . • Eud6 51 I i 1609 /1,,41' CT/ / Elq r , ....,..... . . . , ,...._ .k fh N _lip -. , 4. 4:C. / I/Y ---`)RA r Ut �• 1705 2 N1u 0"� eus/Q� r 70 . , . \,. _ LAKE if KENNEDY �. R 1 f . ; ibT ciiErM ap �, �A�E_ r: :fir I • cT 121 -, I� �: 1nr `` ■ c WA."ERS RD O .K A TS.. �, L �y vE„ 1724 ,,.. .. f.c 19 Ill 0A1 en/ -� Uri N v *� 413, L.1. 4 �Cr4cg ......... t a 1 1,4‘c c i f i e :2 """'s, ......t...‘ - • r 1129 i AV I S '°� _._ - -.. ./. ......., ::,:>.\\1/4.-.." . . . ..-.. '.41L IL' 0.) `�• ma 1721 Re �' • .... RIG • SBEE �r1 ./17' ,: RD • -2't,.) RD p QJ i . • kC_ ! i`'w o MP CA C1R .' 86 tSial• c . :- 4T 4 ::,--... --.'"'t 1" (919)229.2108 Duke Power Company Transmission Line Division 11 P0.Box 131 Burlington,NC 27215 1111210.31 DUKE POWER r ' CEflJE February 22, 1989 2 - 27-89 Ms. Emily Crudup, ASLA Planner II ORANGE COUNTY PLANNING DEPARTMENT 306F Revere Road Hillsborough, North Carolina 27278 Re: Wyngate Subdivision Eno Tie - Mebane Tie 100KV 1E226 Eno Tie - Hillsborough 44KV - 4E1270 Dear Ms. Crudup: We have reviewed the preliminary plans of the Wyngate Sub- division for any conflicts with the transmission line right of ways that cross the property. The only potential problems that we could see would be the placement of wells and septic systems for lots eleven thru twenty. Duke Power Company has restrictions that do not allow them to be placed within the transmission line right of way limits. I have enclosed a copy of the Right of Way Restrictions for your use. Please feel free to call me with any questions or comments. Thank you for the opportunity to, review this project in its early stage. ' Sincerely, • P.' CIAAr_ke, P . R. Burcham Area Superintendent Transmission Lines • PRB:tpm cc:J.M. Priest • - - encl. - • - Fonn 02191(F45-87) Duke Power Company 12 • Transmission Line Division RIGHTS OF WAY RESTRICTIONS • • This list of rights of way restrictions has been developed to answer the most often asked questions about property owner use of transmission rights of way.The list does not intend to cover all possible situations and you should ask additional questions if these answers do not fit your plans. 1.Structures,buildings,mobile homes and trailers,fire hydrants,satellite signal receiver systems and equip- ment,swimming pools and associated equipment,human graves,billboards,signs,wells,septic tanks,ab- sorption pits,storage tanks,(both above and below ground),garbage,trash,rubble,flammable material,building material,junk,and wrecked or disabled vehicles are not allowed within the rights of way limits. 2.Fences snail not be attached to poles or towers. Fences shall be installed at least 10 feet from poles or towers and shall not exceed 8 feet in height.If a fence crosses the rights of way,a gate will be installed so that free ac- cess is maintained. 3.Grading or filling will not be allowed on the rights of way at any point where the fill will bring the ground clear- ance of the bottom conductor to less than 25 feet under 44KV lines,271/2 feet under 100KV lines,35 feet under 230KV lines and 45 feet under 525KV lines.Grading or filling within the rights of way or near a structure,which will prevent free access,will not be permitted. 4.Grading shall be at least 20 feet from a pole or tower leg,and slope shall not exceed 3:1 on the rights of way. 5.Streets,roads,driveways,sewer lines,water lines,or any underground facilities shall not parallel the center line • on the rights of way,but may cross at an angle not less than 30 degrees with the center line and cross no closer than 20 feet to any structure.Man holes and underground vaults will not be allowed within the rights of way limits. 6.Any drainage ditch that allows water to pond or to cause erosion around a structure is prohibited. 7.Contact the power company prior to the construction of lakes or ponds on the rights of way. Dams shall not be constructed within the rights of way limits without proper approval by the Power Company. 8.Duke Power Company shall not relinquish any of its rights conveyed by the rights of way agreements. 9.Duke Power Company does not recommend the practice of using the area under transmission lines for parking, but will not object if the following restrictions are followed: a.A barrier adequate to protect the pole or tower shall be erected,by the party constructing the parking area, in such a manner as to restrict parking to at least 5 feet from the structure. b.Any access areas,entrances,or exits shall cross the rights of way at or near right angles to the center line, and shall not pass within 20 feet of any structure. . c.Lighting facilities higher than 8 feet are not to be installed within the rights of way limits. d.Signs and other attachments to Duke Power Company structures are prohibited. 10.Duke Power Company will not object to certain beautification programs,such as planting grass,flowers,low growing shrubs,gardens,etc.,as long as they do not interfere with the existing structures or interfere with ac- cess to structures. • a.Any plants within the rights of way,such as fruit trees,flowering shrubs, bushes, hedges,or low growing evergreens must not exceed 15 feet in height at maturity.Any plants allowed to exceed this height are sub- ject to being cleared from the rights of way by Duke Power Company. .• b.Tail growing species'of tries are-not allowed within the rights of way limits.Duke Power Company may exer- cise the right to cut danger trees outside the rights of way limits as granted by the rights of way agreement and as required to properly maintain and operate the transmission line. We hope this is useful information; however,if additional questions arise or if you plan anything not mentioned, please contact at telephone number ORANGE COUNTY PLANNING DEPARTMENT 13 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 ‘,..... e.,.. 4I .1701 . ,r ize _ . . ,. ...„ MEMORANDUM TO: Emily Crudup, Planner II FROM: Warren Faircioth, Erosion Control Supervisor SUBJECT: Wyngate Subdivision DATE: March 6, 1989 --- • This subdivision meets the Ordinance requirements for stormwater management by using large lots, retaining a buffer of vegetation around the perimeter of each lot to filter and absorb runoff, and limiting the amount of impervious surface on each lot. (..03PreivSla ry OieS: Fr let . I 1 7`hr ,lr, 20 , 04k ✓"1 'ra two- Rcw, q-O,009 .s -e. tecr +Zoning - R-1 M- encrLi ve ck' T PAW s\-\v l ik lot P on04141 -rb Rim/ eiciftdock aAc ct a Tax Map e f e r e Vol- Z-cv+rc.d, 'nvose6, i lf:.r v.K.Ak c.',;-t. e-lt- ff5 p10i-ecl 1$-Ic{ Tax Map 5.21_.7. LOU Crwrc "0 stet hu%4e. crt. wt%¶ sA`c • P.I.N.S. . Tht■rc aNe., oval 3 0,cp.rveA s,i-eS .6- I1^ to% 748:9883-07-3: 16117, 1$, Ic(^ fr-zuv lmc,+-rd r ..c4- 61;►a ii" - 74C:9873--97-5: 'o l`'tw-.\%71e"t'� �F•r;M4 licwr. o 110.47fre 5ik1 74D:9873-97 7; . eve. avr.. 71\r.... t 1 l tw✓„--y 17T5 w4t;cN.650 1 28" I ci l 3 }_ inril- IIt 4AN 117 hove_ o aNceA smiht. Sl iei , 13, 21+I 27 2 g/�i.�-2 or 4-3}; (ttrt , ori9) 1 .- 70 te e. clno+ ..e 4-et-G11 p lom 1e wr, f 1.1 s,3•eS wr•e 9 ucalvrloCak os WYNGATE `;�, 1 oco �' cv�+p�z►,-mil s __s. . :, -• poll--Tbi i I eiV 2. 4-3; ir, q, if, S. 20 - "N A11 — - s; v— )3C. Lawrence Rc • 82,900 sf • - • Cr■ isfrwe,A %A/75'V\ -I- v Il swvC` of- ‘`I . °' ,ie. VA o svr c Orange Caun' �/ � p Two •nbb ►s. N� } I1\• - - - --- 30 -.35 P�6-s ti Ste' 21 ,..110--how x„.,„07,144 /17a " w,? , it e: Owner: . . •p bvn tih am�C 6,500 sf . gin, sc�' Oak Value .Proper, `',% 20 West Colony F i Durham, NC 2770 , ;22911• • DEVELOPMEI\ Osf lt• • Perry Sloan nr 3- q-€9 1I L. u4 650 n : .t•!.1,1'.; • . •r PRELIMINARY I 15 ,:f 3_ e\111 i 0) . . . . . . &4e. L I. 2Z .. . • r5e _ . - - . __ _ Aas e 844.i/c4fry ziop/2ie,424 ou-k-/ /2-)OC44.-.4a. 417 2■1_e.3.7 4z,63-0.--,0074,:m/ 947e/c4, e„4...<2a c/a- 4442-/ • _ rr 164 e_71.hes__,% 5424/ere•• hi/7) -reid.61 ete-ee 74 4-C,2e74Pess-5- 2) .5 I • f t7 fietc/.5 • CLZ "7 4_haPee„c) c.10_871-4. 4.e) ' 51.op_e___.a.gcf____Cel 601 lofe_n1104. • 16 c - t b. Preliminary Plats (46 Lots) (1) Wyngate (46 Lot �-:�:v - Eno Township) Presentation by Emily Crudup. The property is located on the south side of Interstate 85 in western Eno Township on the corner of Old NC 10 (SR 1710) and Lawrence Road (SR 1709) . It is zoned Residential-1 with an overlay district of Major Transportation Corridor, and designated as Twenty-Year Transition in the Land Use Element of the Comprehensive Plan for Orange County. The 1987 traffic counts were 1300 trips per day for Lawrence Road, and 2000 trips per day for Old NC 10 (near its intersection with NC 86) . Adjacent land uses include interstate highway, utility right-of-way, residential property, Duke Forest (Class 4) , and undeveloped woodland. The total acreage of the tract is 70.78 acres. Forty-six (46) lots are proposed which average 1.4 acres in size. These lots will be served by public roads and by individual wells and septic • tanks. There is one existing residence on the property. The preliminary plan has been reviewed by all applicable agencies whose comments are attached. Orange County Erosion Control has indicated a need for an additional drainage easement between lots 36, 37, and 38. This has been included as a condition of approval. Orange Soil and Water Conservation Staff has reported soils with severe limitations for building development and for septic tank • 17 • 1- absorption fields. These soils cover a relatively small portion of the site, mostly along drainage swales, and are not prohibitive for development of the site. A representative of Duke Power Company commented that lots 11 through 20 may be somewhat limited since wells and septic tanks are not permitted within transmission line rights of way. Orange County Environmental Health made a similar comment and recommended that lots 1]. through 20 have the minimum lot size (40,000 square feet) outside the power line right-of-way to provide adequate area for placement of a house, a septic tank dispoesal and repair area, and a well. Other lots do not have sites with tentative approval for septic tanks: 13, 24, 27, 28, 42 or 43, and only 3 lots in the area of 16, 17, 18, and 19. These lot must be recombined in order to include approved sites on each lot. All other sites must also be confirmed. The NC Department of Transportation will require 10' x 70' sight triangles to be dedicated at all intersections and will require entrance design details to be submitted for review. DOT has also requested additional right-of-way dedication on Lawrence Road (SR 1709) because that road is on the Hillsborough thoroughfare plan. However, the Road Classification System contained in the Land Use Element of the Comprehensive Plan for Orange County does not include Lawrence Road. Old NC 10 is designated as a collector in the Comprehensive Plan, so the applicant has indi4cated five feet of additional right-of-way to be dedicated. The preliminary plan for Wyngate was sent to the Duke Forest Resource Manager for review, but no written comments were received. When the Planning Staff contacted Judson Edeburn by phone, his only response was some concern for water quality downstream in Duke Forest tracts not adjacent to the proposed subdivision. The Planning Staff recommends approval of the preliminary plan for wyngate Subdivision with the following conditions: • 1. Indicate a 30' drainage easement along the • swale between lots 36 and 37/38. 2. For lots adjacent to the power transmission lines, provide the minimum lot size (40,000 18 square feet) exclusive of all rights-of-way. 3. On the final plat, label the Type D Land Use Buffer adjacent to the power line right-of- way as such and provide the Land Use Buffer note from Section IV-B-8-e-2 of the Subdivision Regulations. • 4. Dedicate 10' x 70' sight triangles at all road intersections. 5. If a divided entrance is to be included in the final design, submit detail drawings to the NC Department of Transportation for review. 6. Locate additional sites for septic tank disposal, recombine, or omit lots as necessary to respond to Health Department comments and provide approved sites for each lot shown on the final plat. 7. With the exception of lot A, all lots shall have access restricted to the new subdivision roads. Crudup added the following conditions as recommended by Staff: 8. Provide 50' right-of-way stub-outs to the eastern property line in the vicinity of Lot 21 and to the southern property line between • - lots 25 and 26. With the two roads that end in stubouts, create a "T" intersection between lots 21 and 31/32. Choose an additional road name for the road extending south. 9. Dedicate to public- use (Orange County) the rights-of-way for the stub-outs. Provide • deeds to the County and label the stub-outs as "dedicated to public use" . Best asked if lot lines would have to be changed of those lots adjacent to power transmission lines in order to provide the minimum lot size of 40,000 square feet. Crudup responded that on lots 16, 17, 18 and 19 there are only three septic sites so there would have to be a combination of lots to meet Health Department requirements. Hidenier asked if water and sewer service was available to this area. The response was that - • • 19 water lines are across the road at Strayhorn Hills but no sewer lines. PIlkey asked the reason for reserving lot A and wondered if it is being considered for commercial use. Crudup responded that there is no suitable septic site on lot A. It would have the potential for commercial rezoning if the property is located in an Activity Node. MOTION: Pilkey moved approval with the nine conditions as recommended by Planning Staff. Seconded by Hamilton. VOTE: 8 in favor. 1 abstained (Yuhasz - due to professional conflict of interest) . ,,- 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date May j 1989 Action Agenda Item # SUBJECT: SYKES GLEN, PHASE 3 - PRELIMINARY PLAN ACTION BY: June 6, 1989 DEPARTMENT: PLANNING PUBLIC HEARING: Yes _j_No ATTACHMENT(S) : INFORMATION CONTACT: Emily Crudup Application Extension 574 Vicinity Map Preliminary Plan Preliminary Plan Certification TELEPHONE NUMBERS: Agency Comments Hillsborough - 732-8181 4/17/89 Draft Planning Board Durham - 688-7331 Minutes Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To consider the preliminary plan for Sykes Glen, Phase 3. BACKGROUND: The property is located in Bingham Township on the east side of Oak Grove Church Road (SR 1117) 0.3 mile north of the intersection with Vernon Road (SR 1118) . The total acreage of the tract is 74.03 acres. It is zoned Agricultural Residential with the same designa- tion in the Land Use Element of the Comprehensive Plan. The proposed subdivision is also located in the Protected Watershed of Cane Creek. 1987 traffic counts on Oak Grove Church Road ranged from 100 to 600 trips per day. Adjacent land uses are agricultural and residential. Twenty-two (22) lots are proposed to be served by new public roads, and by individual wells and septic tanks. Lot sizes range from 2.1 acres to 5.1 acres. Review comments from all applicable agencies are included in the agenda. The NC Department of Transportation requires that the entrance road be re- aligned to provide a 90 degree intersection with SR 1117 in order to increase the sight distance. DOT also requires the dedication of 10' x 70' sight triangles at all intersections. Orange Soil and Water Conservation Staff has reported soils with severe limitations for septic tank 2 absorption fields and for dwellings. These soils are located along the perennial stream which forms the northern boundary of the subdivision. Most will be protected by the required stream buffer where structures and septic tanks are not permitted. Orange County Erosion Control and Orange County Environmental Health have commented that the drainage easements indicated on lots 4 and 7 should be shifted to more accurately reflect existing topography. On April 17, the Planning Board reviewed the preliminary plan for Sykes Glen, Phase 3, and recommended approval with public roads built to NCDOT standards and the following conditions: 1. Add to note #4 that septic tanks and wells are also prohibited in the stream buffer. 2. Re-align the entrance road to provide a 90 degree intersection with SR 1117. 3. Dedicate 10' x 70' sight triangles at all intersections. 4. Adjust the 30' drainage easements shown on lots 4 and 7 to follow existing swales. 5. When the entrance road is re-aligned, combine the resultant strip of land on the north side of the new right-of-way with lot 16. RECOMMENDATION: The Administration recommends approval of the preliminary plan as recommended by the Planning Board, with the addition of the following condition: 6. Delete the plat note stating "A 2' strip will be left between the Road R/W and Property of Jonathon Sykes. " COMMENT: The Sykes property is located on the northeast corner of Oak Grove Church Road and Salene Drive. The provision for a 2'strip would in effect prevent access onto Salene Drive. Although the Sykes lot does have adequate frontage on Oak Grove Church Road, there is no public purpose to be gained by an explicit provision for restricted access to Oak Grove Church Road. The location of Salene Drive was slightly altered, however, to provide for a 90 degree intersection with Oak Grove Church Road. This creates a narrow wege of intervening property between the Sykes parcel and Salene Drive. The wedge is proposed to be part of lot 16. Thus the Sykes property does 3 not have access onto Selene Drive, but the land configuration resulting in that restriction is found to be in the public interest. The note pertaining to the two-foot strip is not necessary and may imply that the County sanctions an access restriction which serves no public purpose. PLEASE TYPE OR PRINT ( Ii*4 ONLY) ii.:),Li;=. ..1.t..•1• , L. 4 pi), irATION OR SURDIVIS.ION APPROVAL ORANGE pouNTY DATE: A SUBDIVISION NAME: .....541111.-S er-lth LOCATION: Se. ill 1 , °Mc. QT.■■tc.. e.A.0 gzi_ e42 „h.....— i bt4iViiio , OWNER/DEVELOPER: AR0 v L „ 'IL ' •ildi, ac A tt 3 ills 64 u--4.., ADDRESS: • k MYMCI ,_ TELEPHONE NO. : , imp •,...... 30671 o..."A"...... * 7:.0R AGEN T/1C.O1N cTACT: Nell ICliaIN.fl .I AI, ....HA,0--4.4-1-4toqT-EKLE3PiH1O-N E NO.: ‘ run- 4 qCi3".3”. - -IIO) /I WI-. Ikti-k357 A. SUMMARY INFORMATION: 5i351-3S—O 4-33 o Orangg e County Tax Map Id Block_p Lot(s) Township. AletAktil . Znin D 1 str let(s) : AqE tell LT1V,h L. PZ512E41-19--a- ./ Put ZG(0... . 1 ae.e.r—r) Total Number of Acres: ?4.0.- Phases: I - - Total Number of Lots Average Lot SizeISAt. Minimum Lot SIze.21. Number/Type of Structures0exisiting) C) (proposed) Lineal Feet 1, Streets: 4,00 Acres in Open Space 0 Water Supply. Public (specify) Community Individual . Wastewater Dispose : Pub I I c(s pec 1 f y) Community 2._._I nd ly I duel School District: i.. ittoo - Fire District: On A,R L.L.,gz.t.,--, General Land Uses )n Area: , (tAt.i.itt"..) wo- irl,Lkilorilu4_, - 1 . ' Critical. Areas: 1, stream/dr-' nageways flood prone areas watershed (specify) historic sites other (explain) - . • B. All plats must be submitted on sheet no smaller than one Inch equals two-hundred feet ()"=2001) end no larger than one inch equals fifty • feel. (i'1=501) and must contain the following informetion: ;M:.: • ...__ba-i subdivision name ___ UA building setback lines --- 1.1 , ... neme of owner(S) witi by notation or typical lot ' ___ :::.---%i neme of surveyor. wn layout wx; engineer or land 0:..:.0: existing end proposed .. ; • Tr Planner le*m; easements fdralnepe. .4:: (title) Preliminary ::xx,In utilities. reeds, etc,) .2.:' Plen — :$iso existing, proposed end ___ ? scale. north arrow mft. adjoining rights-of-way 27 (North et top of mep) .": :: including dimensions and --- ':, l date (Including •:.:::::.:. x..... . street names end nets .-___—_-- M.X.:.M revision dates) .....-...-.... ,...Aw road numbers I — *::;44.01, township, Tex map- 0.,10rW ........ ..:4 existing and proposed X.mt:al: block-lot references -him utilities. Including type. iWi boundary described " ::::::::::::: sizes, hydrants. valves with bearings end manholes . . • • ' ilr4: distances .wo existing end proposed ... . >,.. ' ' tote' ecreege of the wx$: culvert including sizes tract end acreage of :..x.::::* end grades _.. . • • 0 lots, Including end.......-..... :•4 typical street cross- ea .we--- excluding ar within 0 .. . oi:-NM. ft4 sections end intersection •: : . ' ui • p.: rights-of-wey ' : 7 K03.3: details Including design ........ !fg control corner *K05 end width of trevelway ..--. . • . ' ;'."."- .1: proposed lot lines - :.: ,-,A and shoulders • . 0 *X* witn dimensions • ___MK: horizontal alignment end - m U - E — . .-. .-:: lot numbers — •".' ............. v....,,y.r. oenerel curve sets (public • W u . ........ e' % phasing lines .......,. - - reeds) — .. -ii: topography at ten foot ___ ?.:1t;_ISI permanent features such as - -- 0 MX (10) Intervals ow buildings. cemeteries. • 12 1- _ ; ::: veter bodies. streams. - le historic landmarks 0 . • 0 * ::::M floodway end flood- _ :';:. ::; edjoining lot leyo4t names • - . :;n7ovx plains goN of adjoining property - -- 0 ___ ;44.4ax stream buffers end zM owners and subdivisions %NW= notation indicating - 2... 'e-X-X..: restricted development ZI>Aliktq • 6 m U VV.! potential township. corporate end extre-territorial pi/inning jurisdic- . 0' x70R::: Ilan lines which cross the property ___, ..4:6 V M ).„,,,y; location and size of parcels dedicated for public use or mn; reserved In common Li Z; ___ AZO location end size of lots of restricted development potential qi$• . and notation on plat regarding Seam • . • ___ c.....i. stormweter menepement plan indicating provision for control of the first 1/2 Inch of runoff from Impervious surfaces . . • please complete reverse side • i • C. OTHER SUBMITTAL REQUIREMENTS • 1 . Twenty-seven (27 ) copies of lie Prei :m; rary prat . 2. Two full size copies of an Orange County Tax map (one copy with tax parcels involved. clearly marked) . 3. Where municipal or OWASA sewer is not available, a letter from the Orange County . Health Department certifying the proposed wastewater system for each lot. I . the applicant, hereby certify that the foregoing application is complete and acCLrate. I understand that a $105 .00 fee ( subdivisions of 1 -5 lots) , $210 .00 fee ( subdivision of 6-9 lots) , $315.00 fee (sub- • Ovisions of 10-25 lots) or a $420.00 fee ( subdivisions of 26 lots or more) is due at the time of application. A $5.00 per lot fee is due at the time the final plat is presented: for recordation. • 1 f ./ ■ OVNAlt-A / / , APPLICANT1SSIGNATURE 0 OWNER S SIGNATURE _ t9,2- DATE CI " DATE - . fj,"&pw-1 b 451,12-z e 0(Al 1.14A0 , 464) PIGNO". FJ • . • • . • - FEES: Amount :IT 3150 . Date Paid 2-4-83 Receipt 21785 .w� .. i-N 6 ...............* ......1'") o i & ic, , q lu , Pia •3 Li /i , i 2oILIIMq : AE.I pw (c E.o- -) ©.0 Q erLi alu r.r%IC -L - Mai'-r«i .»g .. -so At..=. t",-. t Sao c'' _ •• w•lg. I oK lab.. WRAC ♦• . • e1.K pp C. ...... sof .70 c . . L� w ♦ at CJ . Cis. / .►rC.� [.Y• / ��� � 1 .• a .0 b • t.1r, kjC , l` '� ♦wK • Cri-lk ;-• .1 - "Nif ' .11, • .Nre iY -_ _ /'' wr 10-: wlx 11111.� •VASE.3 tea' _ ..... \ , .. _ _ . .A/r 40 -H _ _ _ 1- 1 • ...—, 0 . _ 1 111 �:,�,.. r 9 %•••••,. • • 0 .. /41104A % '. WYMOM•4.• ... ...,,.— .. -- . . . _..._..,••,......•: , - I r I K IF vi C .I r / ;71: _ n IN 0 - RAC. '4111111111114 .../. e . 0,e,...c. . r ...2\114 - 4 .14,..„ . _ ••N M pPM.11.0 _ M -.-.s-s--• .'.� . le, '''''..." • OBI. ♦ ♦� MK b i IR •.II K =K.c 1 E wr .b.y A •S 7 SYKES GLEN PHASE III - PRELIMINARY PLAN 11/85 ORANGE. COUNTY CERTIFICATION AND APPROVALS - PRELIMINARY am STAFF ASSIGNMENT: Emil Crudu• SKETCH PLAN: Received 7/20/88 Reviewed 7/21/88 PRELIMINARY PLAT: Received Reviewed 2 16 89 REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE:__ laga CERTIFICATION: E.M. Cowan, District. Engineer SCHOOL BOARD (Orange/Chapel Hill-Carrboro) : DATE: 2/23/89 CERTIFICATION: UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE: CERTIFICATION: OTHER: Recreation Advisory Council (Date) Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro (Date) Hillsborough (Date) Durham (Date) Other - S & E W. flaiKghlth31_21LAI (Date) - Health T. Konsler, win (Date) - S & W Conservation G. £27 89 (Date) PLANNING BOARD: Date: 4 - 1-1 45.2 Approval Approval with Condition(s) 4x Denial BOARD OF COMMISSIONERS: Date: Approval Approval with Condition(s) Denial ,te,At‘ e7; I`E • • ktk. D .,g3,170.P 8. -3-10-93 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, North Carolina 27253 JAMES G.MARTIN DIVISION OF HIGHWAYS GOVERNOR March 9, 1989 JAMES E.HARRINGTON GEORGE E.WELLS,P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Ms. Emily Crudup, ASLA Orange County Planning Department 306-F Revere Road • Hillsborough, NC 27278 Subject: Sykes Glen - Phase III • Off SR 1117 (Oak Grove Church Road) Dear Ms. Crudup: This office has reviewed the subject preliminary Plan and offers the following comments: • 1. Re-align entrance road to provide a 90 degree angle with • SR 1117. This will increase the sight distance to the North around the sharp curve. 2. Provide 10' x 70' sight triangles at ALL intersections. These should be dedicated as right-of-way. 3. Proposed curve radii appear to meet our minimum standards for subdivision roads. • The aforementioned comments are noted on the attached sheet for your use. Please revise the -plans accordingly and submit to this office for further review. If you have any questions please do not hesitate to contact us. Yours very truly, t. i(.62/04J E. M. Cowan DISTRICT ENGINEER EMC/SPI:acl" Atta. An Equal Opportunity/Affirmative Action Employer . 1 , "—JESSE E. SYKES D.B. I37 PG.tv......„.„...)404 9 .6 4,4 4. 4 I, . i■ I Ce• _ . 74] - sl CONTROL CORNER ® - i - - 0) a) 4,4■7. % 4.2 AC. m u .5.. o., w , is• . Z 'A CHORD BAG. CHORD - • el — 15' S 85°52 38"E 290.39 37.17Z, ' JONATHAN R. SYKES,-.•IV' N 456 46' 38" E 332.39 z 2" N 12"32'10" W 272.96 !9" N 15° 51' 24" E 406.77 D.B. 656 PG. 351 . • ,4.0. -gri 0/. . . DENTIAL ROAD . • * t 7 , iCrOV./1)e- ° 4x iT-OF-WAY ( sYRIP WILL BE LEFT -- it V . r AtVgLe• — l - - I ,t BETWEEN THE ROAD R/W •I • /-* .5,6,yr .,0/67-.9 isi ItND PROPERTY OF JONATHAN R. : ._,...,:- a a / fir- IB' .. 4 6. • .4 6. _ /0°X 70' '°j * 0. ' 7-- SHOULDER Dn"Cti RitiC-425 0 7 Oil 175 & )'/ ra. . CC A.:II •--7/11 / er, Or' Er(..) _ at. `114"--4.: • .. ot.L. • th PER FT. • 44- • ro = 0 0 --- - - 3€ ' (20, Li,4/ f'. •r PER pr - (-) b lit .. *- .1- ;--.-•••,.. lea ca.Ea- Z 4 1 CC —co .1-...kia4i.*5y1...\- --,1,-- ,,, - • .1. n z,– f ,..■ -----lttwA.--ytt':-=.-Ai.--,--'? 44 = 0 .' 14) Z - • - --."4*tt . ----- : 4. - .7 % 56 a ,. Tr torl , ,, #Y . 4•. ,b1..1' . 3LB •• 4 • '..-4 $TBC or ABC 0 ti oi) 2.6 AC..----2.... . ce &I ... • `liar ca . 0 ‘..? 0 (EkOPEN FIELD r.. 2 , le "7.2 bj r AC ro. 0 ce 11'37•°! t6 0 co " Nr rt.- • it 4 , • r 11 43.2.12 iv itts111 3r w .1_ N 86* 22. w % a so GO' Exis.,..,„,_ : PUBLIo HAL 4,u 1 .. • • LOT ® • • \ter-"`��- 12 , • STREAM BUFF R (see NOTE " -• )9(4i • • -. • • . - Al 14 ( . 51 AC: c4 Q . 16 l - / ,,, kj 1 y 51 AC. 4.2 AC. ., \ - 2.7 A krn L9° ••• ;'�„. 5- . .__ . a u� • 600 4r AN '• Z t, •y1rr •0' CT (9 21 AC. i• 366 (4 I,7 9 M +. ' ( �rA V 24 AC. o• • . u, 2.4 AC. 4.6 AC. :a-2 / . 3g9 •" • 0 , �. o ; I 5O' PROPOSED m \\ 4st `° • n PUBLIC RAN ro �- ° v '=a (SEE NOTE I) `� 21 .�, T.\ . - ^' ro O 18 9 3AC. l r 2.3 AC. 1 � : i 4.0 AC.22 AC. AC. . - nl IA en :--""..\\N.........- o• •-4 EX ro It li ,f;60;7°,...-0- - 'lit a9 q� 1,...L.2" 266 \\*- �`' �`�. ip . - 326 • ri .... \� PaSt4 D14" 110 2.5 AC. i ,� 1 t • A T 1 g • 4 '■ _ �m ( 3,5 AC. ��,•' � 24 AC. 2.5 AC. 36o I ifi \ 275 • EN'ENCROACHING 9.82 N :5' 47 0r w* . 305 ..- i lair 399 11..)TREE CANO Y • LINE y' ..... ,. • ORANGE COUNTY PLANNING DEPARTMENT 11 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 0,00 TA Aif 44,, roe. - MEMORANDUM . TO: Emily Crudup, Planner II FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Sykes Glen Subdivision Phase 3 DATE: March 31, 1989 This subdivision meets the Ordinance requirements for stormwater management by using large lots, limited impervious surfaces on each lot, and retaining a buffer of undisturbed vegetation around the perimeter of each lot to absorb and filter runoff. The owner must submit an erosion control plan and obtain a grading permit before starting construction of the road., I J.) Ike SOIL &WATER f' , 12 CONSERVATION Orange Soil and Water Conservation District 306 Revere Road • P.O. Box 8181 Hillsborough, NC 27278 • Phone: 919-732-9361 • Ext. 451 March 27, 1989 TO: Emily Crudup, ASLA Planner II FROM: Gail&Hughes, Soil Conservationist RE: Sykes Glen, Phase 3 According to the Orange County Soil Survey, the following soils are located on this tract: Georgeville"B slope - has moderate limitations for septic tank absorption fields due to slow percolation, and slight limitations for dwellingswit4 or without basements. Georgeville C:slope - has moderate limitation for septic tank . absorption fields due to slow percolation and steeper slope, and has moderate limitations for dwellings due to steeper slope. Tatum D and E slopes - (found along stream) has severe limitations for septic tank absorption fields due to shallow rock depths and steep slopes, and has moderate to severe limitations for dwellings due to shallow rock depth, steep slopes, and low strength of soil. Congaree -(found in floodplain of stream) has severe limitations for both dwellings and septic tank absorption fields due to potential flooding. Please feel free to call if you have further questions. GMH:jw 13 EDLILIT (2) Phase Three - Sykes Glen (22 Lots - Bingham Township) Presentation by Emily Crudup. The property is located in Bingham Township on the east side of Oak Grove Church Road (SR 1117) 0.3 mile north of the intersection with Vernon Road (SR 1118) . The total acreage of the tract is 74.0 3 acres. It is zoned Agricultural Residential with the same designation in the Land Use Element of the Comprehensive Plan. The proposed subdivision is also located in the Protected Watershed of Cane Creek. 1987 traffic counts on Oak Grove Church Road ranged from 100 to 600 trips per day. Adjacent land uses are agricultural and residential. Twenty-two (22) lots are proposed to be served by new public roads, and by individual wells and septic tanks. Lot sizes range from 2.1 acres to 5.1 acres. NCDOT requires that the entrance road be realigned to provide a 90 degree intersection with SR 1117 in order to increase the sight distance. DOT also requires the dedication of 10' x 70' sight triangle at all intersections. Orange Soil and Water Conservation Staff has reported soils with severe limitations for septic tank absorption fields and for dwellings. These 10 53 12 T 17 14 soils are located along the perennial stream which forms the northern boundary of the subdivision. Most will be protected by the required stream buffer where structures and septic tanks are not permitted. Orange County Erosion Control and Orange County Environmental Health have commented that the drainage easements indicated on lots 4 and 7 should be shifted to more accurately reflect existing topography. The Planning Staff recommends approval of the preliminary plan for Sykes Glen, Phase 3 with public roads built to NCDOT standards and the following conditions: 1. Add to note #4 that septic tanks and wells are also prohibited in the stream buffer. 2. Re-align the entrance road to provide a 90 degree intersection with SR 1117. 3. Dedicate 10' x 70' sight triangles at all intersections. 4. Adjust the 30' drainage easements shown on lots 4 and 7 to follow existing swales. Crudup described where and when phases 1 and 2 had been developed. She indicated there was no additional land owned by the developers for any future phases. Best asked if there had been any consideration given to connecting the two proposed cul-de-sacs into a loop road. Crudup responded that neither the Staff nor DOT had recommended a loop. There was some discussion about the physical characteristics of the site and safety concernsowa whether those conditions would prevent connecting the cul-de-sacs. Yuhasz asked the purpose of the two-foot strip of land to be left between the entrance road right- of-way and the adjacent property owner. Crudup responded that the entrance will be re-aligned and the remaining area would restrict access to the road for the subdivision residents only, not adjacent property owners. She added that the left over strip should be combined with lot 16, since the ordinance would prohibit creating a "split lot" situation by connecting the strip with a land hook to lot 1 across the road. 15 Pilkey asked where the entrance for Phase 2 was located. Crudup indicated the location on the vicinity map and stated the distance between the two entrances would be 900 to 1000 feet. Eidenier asked what was the problem with the drainage easements. Crudup indicated that the Health Department and Erosion Control had determined that the topography shown on the preliminary plan did not match existing field conditions. As a result, the drainage easements shown were not located properly on the plan. These would be adjusted when lot lines are surveyed in the field following preliminary approval. MOTION: Yuhasz moved approval with the four conditions as recommended by the Planning Staff and a fifth condition to require that the strip on the north side of the right-of-way for the entrance road be combined with lot 16. VOTE: 5 in favor. 2 opposed (Best & Jacobs - both indicated the desire to delay decision to inquire about loop road design) . After the vote, Jacobs asked Staff to contact NCDOT regarding loop road design guidelines. 1 ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: M. ay Action Agenda Item # __ SUBJECT: SECTION ONE NICHOLS RIDGE - PRELIMINARY PLAN ACTION BY: June 6, 1989 DEPARTMENT: PLANNING PUBLIC HEARING Yes ,x No ______— INFORMATION CONTACT: Eddie Kirk ATTACHMENT(S) : Extension 348 Application - Preliminary Plan Certification Vicinity Map Agency Comments Draft 4/17/89 Planning Board Minutes TELEPHONE NUMBERS: Hillsborough - 632-8181 Durham Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To consider the preliminary plan for Section One Nichols Ridge. BACKGROUND: The property is located in Little River Township on NC 57, 0.4 miles south of the intersection with Holly Ridge Road (SR 1524) . The tract isundonee andnlisted as Agricultural-Residential on the l Adjacent land uses include undeveloped wooded land and four (4) tracts larger than 10 acres to the north and west. The total acreage of the tract is 10.21 acres. Five lots are proposed with the average lot size being 2.04 acres. All lots will be served by the interior subdivision road (Nichols Ridge Court) . This road is proposed to be public and constructed to state standards. The current estimated traffic count for this portion of NC 57 is 1800 trips per day. All applicable agencies have reviewed the preliminary plan and commented as necessary. The Health Department has approved all five lots for septic tanks. The N.C. Department of Transportation indicated a need for a note on the plat indicating that lots 1 and 5 must access Nichols Ridge Court. 2 This note has been added to the plan. The cul-de-sac must also be designed to meet NCDOT curve radius standards. The Orange County Soil and Water Conservation staff has indicated the soils at this location are Herndon and Georgeville. Both have moderate limitation for building site development and septic tank absorption fields. It was noted that Orange and Lignum soils were close to the site, both have severe limitations. The Planning Board considered the preliminary plan for Section One Nichols Ridge on April 17 and recommended approval with the following condition: 1. Redesign the cul-de-sac to meet NCDOT standards. RECOMMENDATION: The Administration recommends approval of the preliminary plan for Section One Nichols Ridge as per the Planning Board's recommendation. PLEASE TYPE OR PRIAT (INK O::") 3 • App'.:CerlON FOR PRPL1 ?NARY ° eN SUEtIVISION &PDR V L puswEE COOK-Y DATE: dL ( COOLS tb61C-" SUBDIVISION NAME: — - LOCATION: ,k1/S 4 C.S7 8t;•ti4 i ij c 1 S? Ark 9 13gt4 S(4.4 y3 of of M g o/ t _ • OWNER/DEVELOPER: !CJ i c kLS A ©G , (G —4 3 S� =". '73 Si 3ADDRESS: 572,9 K_I Gov. R TELEPHONE NO.: D R o C-,G M©n1'r '..) C.• 2,572. AGENT/CONTACT: Y"p"1AN C VJ TELEPHONE NO.: $ 739, K-IcIC12- R.0 PoOt,cM rr t∎I.C- V 72. • A. SUMMARY INFORMATION: LGt(s) �41t•'f (4C Q(Vt��_ Orange County Tax nap t( Block 8 _ ,�� Township _ Zoning District(s): N w-. Total Number of Acres: _ (( _ Pnases: Total Number of Lots: 5 Average Lot size: __1_______ ninimum Lot Size L 9 r---. 11�C� • Number/Type of Structures: (existing) 0�=+-1 S' os (proped) S- iZC's r73 Lineal fee: in Streets: Acres in Open Space % „4�� f.2 Community _• ✓ lndividuat water Supply: , Public (specify) L,.,�- Individual Public (specify) Community Wastewater Disposal: ('/a(.+?W(� Ft'(2- -- Fire District: -1►7t-1' t?.4 I-Z School District: Cillen4L-12.General Land Uses in Area: _ flood prom arras Critical arras: , 1(I). ti° stream/dreinageways _ ., .„ watershed (specify) _ kJl.:. ,Y1M.N./,_ ■ historic sites other (explain) B. All plats must be submitted on sheet no smaller than one inch equals two-hundred feet (1"=2W) and no larger than one inch equals :wen:y felt (1"m2D') and must contain the lottoving information: rte. 44 '/o'`i.:' zoning o+, tract and adjacent properties ✓ �?�'� swbdivision name feat le: 1 building setback lines by notation or typical�, ✓ .,.::.�•�-.'r:..� name 8 address of owner(s) �• ": "r/ , - name $ address of subdivider ,,c.;� layout . ' p -- s"•.•.:-. ✓ $= Location end width of existing and proposed a-}Z� (if o:htr than o.rner) � _--��. Ct '` % easements (dreirusgt, utilities roads, etc.) y i,/ n`: name of surveyor, encineer, y i , tetra:v ��. ✓ v,,,,s:4 existing, proposed and adjoining rig::s-of-wa r^k landscape architect or architect, U . W Crc•' g :f :"%^.• irctucine dimensions and street names and state nr t� 0 - - address, registration . and slat :<;:•- + centerlines '` i •1 ;:'sO road numbers. Lineal tee: of road ct i end e's u; ,/ (title) fretieintry Plan , rien«s-efeti+ay :a 41 x ter.:%-{..r aporoximate acreage o, new street...,4 C ✓ WO scale, north arrrov {,.c i ,.' existing and proposed utilities, including type, �./ :ail atte (including revision dates) �_ X manholes rr - }.••• w.' t? sifts, hydrars, vtives, :a ti p o/'• Ors;' township, :ax map-block-lc: �.,.f:. O $:0,:r:!;:, re':trencts Y '`Y~.'� exis:ina and proposed :Lams, cutters and culverts, ,.7^r''. Parent Parcel lder.:i`ication : /A„ ",c�-•�i '^.' including sizes and grades `� ''•••• �JJ-H— �> + sidewalks, bike lanes, C ,AWN deed book and page + pr rty ,?: 4 location and width o. alleys, (.� b ✓ �:.�'�v:� 9t n G. Pie. .,,��r Mg ^. W t-ansit systems, and bus stops C3 v to be subdivided y ., cross-sections and intersection ✓ with bearings c% -jI' '"" Typical street crosses '7 boundary described :, of travetwa and .� ��3 r% `:: ?": details including design end vic:h Y C3 y 0 and distances ;`:::. ` {;.''' + the tract end ';` snaulders • 5_. 'x fetal acreage o. / curve data (public fri..4 t•;xtt t/ :§:t/ . hori:oral alignment and a rca:acreage e, lots, i including and ti excluding area w::hin r .. .,�, cf-Lay , .....�. roads) . (please gate revers.. . Ge) F six • 4 ✓- •`"'``- control corner �'<h�-�_-K centerline radius on all proposed streets }X'A proposed lot lines with dimensions permanent features such as buildings, cemeteries, �i .ot & olock numoers -% historic landmarks ??`T✓"` cnasInil Lines V ;=" •'.: adjptnir lot Lavout names of adjoining property _ ' :oaoc-aoiy at ten foot (10) interests ;: owners. If subdivided, subdivision plat name, plat .eter bodies, streams, fioodray and `-''z:%��'- book & page number, and perimeter Lot nuepe*s. !:o cpiains . ii:iti!: '-"zc ::; `'^ ? Lanascaping and buffer requirements stream buffers ...."`'-r4 township, corporate and extra-territorial planning ..',`�,(`..��('• Location and size of parcels dedicated `:Al��' `=���=��-= jurisdiction tines which cross the property =: for public use, recreational use or 440:4* Location and size of lots of restricted oevelopment - :�`2 reserved in common, with `"• "''`'`"� . purpose noted �) - potential and notation on plat regarding same 1 i'n impervious surface data (if Located in /V stormuater attention and/or retention sites and <':'rr'::water supply watershed) -''" undisturbed areas for infiltration purposes (if (/ `vicinity map showing general location Located in water supply watershed) ; ;; of subdivision with streets and roads identified by State road number and name C. OTHER SUBMITTAL REQUIREMENTS 1. Twenty-five (25) copies of the preliminary plot. 2. One full size copy of an Orange County lax map (with tax parcels involved clearly marked in pencil). 3. Where municipal or DUASA sewer is not available, a copy of the Preliminary Plat indicating Health , Department soils analysis opproval/denial for each lot shown thereon. . 4. Where a private road is proposed a written statement by the applicant or his/her authorized representative which sets forth the justification :or a :vast r;,ad (..ee 5tc s' s '+ of the j pr . .inn I -�-��..-5 c. the °ranee County Subdivision Regulations). • 5. 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 incluee, 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 es evidence tnat-the ordinance requirements are being me.. , , the applicant, hereby certify that the foregoing application is complete and accurate. I understand that a 1:5.00 lee (subdivisions of 1-5 lots), 5210.0,.1 let (subdivisions of 6-9 lots), 5355.00 lee (subdivisions of 10-25 ats) cr a 5420.00 fee (subdivisions of 26 Lots or more) is due at the time of epplication. A 55.00 per lot lee is .,e at the time the f inat plat is presented for recordation. . / Al . ......' - A i s . .G . .1 S O C. „?P'iCA1:./ 52gG;.7URE OWNER'S S KA iv TUi£ • TE DATE ' I�un� /� �7 ES: Aryqu... �0 S, oo Date Paid .�'!/ 4-U 7 ..2/7 - T.e_e.Yt r • 5 SECTION ONE NICHOLS RIDGE 11/85 ORANGE COUNTY CERTIFICATION AND APPROVALS - PRELIMINARY PLAT STAFF ASSIGNMENT: Eddie Kirk SKETCH PLAN: Received 12/12/88 Reviewed . ,12/16/88 PRELIMINARY PLAT: Received ___2/14/89 Reviewed • REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE: 2/22/89__ CERTIFICATION: E.M. Cowan SCHOOL BOARD (Orange/Chapel Hill-Carrboro) ; DATE: 2/22/89 CERTIFICATION: UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE: 3/29/89 CERTIFICATION: Health OTHER: Recreation Advisory Council (Date) Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro (Date) Hillsborough (Date) Durham (Date) Other - Erosion Control (Date) - Soil Conservation 3 2 89 (Date) PLANNING BOARD: Date: Approval Approval with Condition(s) Denial BOARD OF COMMISSIONERS: Date: Approval Approval with Condition(s) Denial - - i 1 1 ...•-....,,. %,, ,' SECTION ONE NICEOLS RIDGE \ \ APPLICANT: WAYNE WALKER \\ LUP: AGRICULTURAL RESIDENTIAL SCALE: 1" = 400' - r . .......? • • 04 • ~ 1 rr r 0,.85 AC. �'%%�� ~~ r r .,/ r t r� ,.� 1 1 If' r ^.. , ter • - ` , r,.i r . i 22• • - ri 102 1 ' r , 1 1 .) 1 . ': 1 • i 1 . - 7 . . _ fYlciec.iit 2 c/g9 Ec4 ;e- 10-1411e-r. TL. l'Irz>m*! oLJ e$11 e 54— TR OrNe- I\1 l-to •ci e • t rci i Le- Dv-44,9. . ., 6(0,5 (mg:A-can ---e) 5 lope, - Y.Y_Nccir-ka31-e- 41/7fis Par 141,1 -6c:-(21,1c1 4-v- and bds ab3yrp4i Z1 -Pe-taS cke. 3:)11.5 c)Vi I[e or, niocleArm,le, I m • bo-k-Vs -buikaIr 'S4 cLYvA 6-e_ertic. -- .1114C C305,CA1 /3Y-1,- cie-A-C1 4?› '472e. NC)."1-e.Ci 41P\CX.÷..___OV-Ck.in,5e. and ist5114M. 6DiAS core, cadexl eicy5e. 76) 4-1e .67 Tin.es ..50/1 boil', kscwe., s_e_A/_e_Are., 1 irr) rcJ o4, -5 is 1*e. cleveA op Kr).:e14 CAX),C1 1:41c.- 4-aY_%k CLIDS=p4j6t.) •• ---34_1(essai 6.oi 15 ancl___buk..knc..:s. . _ . _ . ■ -% i t ' . • . - 4:::E. 4,147, . .„_____, 4isr STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION • JAMES G.MARTIN DIVISION OF HIGHWAYS - GOvERNOR P. O. Box 766 - . Graham, N. C. 27253-0766 JAMES E.HARRINGTON GEORGE E WELLS,P.E. SECRETARY February 22 , 1989 STATE HIGHWAY ADMINISTRATOR • ORANGE COUNTY Mr. Eddie Kirk Orange County Planning Department • . 306-F Revere Road Hillsborough, N. C. 27276 SUBJECT: Nichols Ridge (Section One) Off NC 57 - . Preliminary Plan . . Dear Mr. Kirk: This is to advise that the preliminary plan dated December 1988 has been approved by this office. It will be necessary to place a note on the plat stating that Lots #1 and #5 MUST access "Nichols Ridge Court" . Also, the cul-de-sac should be designed: per attached sheet. • • Please submit a complete set of construction plans to this office for further review. This includes all drainage calculations. - If you have any questions, please do not hesitate to contact this office. • Yours very truly, 6. 0. E. M. Cowan DISTRICT ENGINEER . . . . EMC:sni atta. An Equal Opportunity/Affirmative Action Employer , . i / e_ ,. . 9 0 74.1........7 P • \\4i 30'R P .. \\,_ • 24R . 3S' I mr�+J. - Sot R.O.W..___._..., _ W/ ' C �, R• Sr - & ,' _ . SLC?P- AS REd D. J SECTION A-A I PER.pi 3:1 TERRAIN 'MAX. SLOP --�" �`'�. LEVEL 2: ROLLING 2: I HILLY . I—V2 s I FIGURE 7 . SYMMETRICAL • CUL-DE-S C NO CURB a G U i 1'ER —3I- ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 MEMORANDUM - --- TO: Eddie Kirk, Planner FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Section One of Nichols Ridge Subdivision DATE: March 31, 1989 This subdivision meets the Ordinance requirements for stormwater management by using large lots, limited impervious surfaces on each lot, and retaining a buffer of undisturbed vegetation around the perimeter of each lot to absorb and filter runoff. The owner must submit an erosion control plan and obtain a grading permit before starting construction of the road. )0A4/ki 1-61;A;va • (7 Lots - Chapel Hill Township) • 11 b. Preliminary Plats (91 Lots) M (1) Section One - Nichols Ridge (5 Lots - Little River Township) Presentation by Eddie Kirk. The property is located in Little River Township on NC 57, 0.4 miles south of the intersection with Holly Ridge Road (SR 1524). The tract is unzoned and listed as Agricultural-Residential in the Land Use Plan. Adjacent land uses include undeveloped wooded land and four (4) tracts larger than 10 acres to the north and west. The total acreage of the tract is 10.21 acres. Five lots are proposed with the average lot size being 2.04 acres. All lots will be served by the interior subdivision road (Nichols Ridge Court) . This road is proposed to be public and constructed to state standards. The current estimated traffic count for this portion of NC 57 is 1800 trips per day. All applicable agencies have reviewed the preliminary plan and commented as necessary. The Health Department has approved all five lots for septic tanks. NCDOT indicated a need for a note on the plat indicating that Lots 1 and 5 must access Nichols Ridge Court. This note has been added to the plan. The cul-de-sac must also be designed to meet NCDOT curve radius standards. The Orange County Soil and Water Conservation staff has indicated the soils at this location are Herndon and Georgeville. Both have moderate limitation for building site development and septic tank absorption fields. It was noted that Orange and Lignum soils were close to the site, both have severe limitations. The Planning Staff recommends approval of the preliminary plan for Section One Nichols Ridge with the following condition: • 3 ' 1. Redesign the cul-de-sac to meet NCDOT standards. Jacobs asked about the problem NCDOT had with the design of the cul-de-sac. Kirk responded that the radius requirements shown on the right-of-way did not meet NCDOT standards. The applicant, Wayne Walker, stated that the cul- de-sac will be changed on the final plat. Jacobs pointed out that the road was required to be public since it will access an arterial street. MOTION: Best moved approval with the condition as recommended by the Planning Staff. Seconded by Pilkey. VOTE: Unanimous. ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date May 1.4. 1989 Action Agenda Item # SUBJECT: FOREST KNOLLS - PRELIMINARY PLAN ACTION BY: June 6, 1989 DEPARTMENT: PLANNING PUBLIC HEARING: Yes _X_No ATTACHMENT(S) : INFORMATION CONTACT: Emily Crudup Application Extension 574 Vicinity Map Preliminary Plan Preliminary Plan Certification TELEPHONE NUMBERS: Perc Site Locations Private Road Justification Hillsborough - 732-8181 Staff Evaluation of Private Durham - 688-7331 Road Justification Mebane - 227-2031 Agency Comments Chapel Hill - 967-9251/968-4501 4/17/89 Draft Planning Board Minutes PURPOSE: To consider the preliminary plan for Forest Knolls Subdivision. BACKGROUND: The property is located in Bingham Township on the west side of Dodsons Crossroads (SR 1102) 1.4 miles north of NC Highway 54. It is zoned Residential-1 and designated Rural Residential in the Land Use Element of the Comprehensive Plan. In 1987 the traffic count for SR 1102 near Highway 54 was 1400 trips per day. Adjacent land uses are residential. The total acreage of the tract is 35.91 acres. Eight (8) lots are proposed which range from 1.11 to 7.51 acres in size. These lots will be served by individual wells and septic tanks. The only soils suitable for sewage disposal are located along the top of the knoll near the central eastern boundary (refer to attachment showing location of perc sites) . For this reason, the lots on the west side of Forest Knolls Drive are larger than those on the east side. Restrictive covenants are proposed to prohibit further subdivision 2 of the proposed lots. The applicant has submitted a private road justifica- tion for a new Class B private road to access the 8 lots. A draft Road Maintenance Agreement and prelimi- nary restrictive covenants were also submitted as part of the justification for the private road. The written justification and the Planning Staff's evaluation of it are included in the agenda. Based on the character of the area in addition to the design features included in the subdivision, the Planning Staff has concluded that a Class B private road would be appropriate on this site. The roads in The Trails are the only public paved subdivision roads in the area. The roads in Sunnyfield, Pickards Mountain, Western Park, Five Forks, Twin Streams, and Covered Bridge are private and unpaved. The preliminary plan for Forest Knolls has been reviewed by all applicable agencies. Their comments are attached. NCDOT has approved the sight distance for the entrance road. Orange Soil and Water Conservation Staff has reported soils subject to flooding located along the perennial stream. These soils will be prohibited for development because they are included in the Land Use Buffer as shown on the preliminary plan. Orange County Environmental Health has indicated that each lot has tentative site approval for septic systems. However, lot 1 may need to use minimum setbacks in order to accommodate a house, well, and a septic tank. On April 17, the Planning Board recommended approval of the preliminary plan for Forest Knolls with a Class B private road and the following conditions: 1. Include in the restrictive covenants protection of existing vegetation, prohibition of further subdivision, 50 and 30-foot setbacks, and the minimum required setbacks for lot 1. 2. On the final plat, change the date to 1989, and dedicate the 5 feet of additional right-of-way and the 10' x 70' sight triangles on Dodsons Crossroads. 3 3. Prior to recordation of the final plat, obtain approval from the County Attorney of the restrictive covenants and road maintenance agreement. RECOMMENDATION: The Administration recommends approval of the preliminary plan as recommended by the Planning Board. "rrL-iL.." t lu(V rUr< eRtLtCluNARY PLAN APPkUYAL PLEASE TYIE OR PRINT (INK ONLY) MAJOR SUBDIVISION 2/894 ORANGE CDUKTY li` l y^, ;r,r ,.T 7„- IS-S9 L DATE: 2/14/89 SUBDIVISION NAME: FOREST KNOLLS LOCATION: West of Dodson' s Crossroads, Bingham TG*p ' OWNER/DEVELOPER: -Dr• El-Saved E. Nour and Martvvonn Mort ADDRESS: CM- VAC Knight � TELEPHONE No.: ..732-5 500 • Hillsborou - h NC AGENT/CONTACT: ENT Land Surveys. Inc. TELEPHONE NO.: .32-696,2 Steve Yuhasz A. SUMMARY INFORMATION: • Orange County Tax Map ,21 Block - Lot(s) 12D _ • in,J m • Zoning District(s): R-1 " Total Number of Acres: 35 . 91. - Phases: 1 Total Number of Lots: 8 Average Lot Size: 4 •49 Minimum Lot Size 1. 2.5 Number/Type of Structures: (existing) None . (proposed) , — • Lineal Feet in Streets: 1500 ' - . Acres in Open Space — eater Supply: , Public (specify) Community X Individual Wastewater'Disposal: Public (specify) Community X Individual School District: Fire District: .General Land Uses in Area: Residential Critical Areas: stream/drainageways ' (as shown) flood prone areas watershed (specify) historic sites • - other (explain) B. ALL plats must be submitted on sheet no smaller than one inch equals two-hundred feet (V'm2D0') and no larger • • than one inch equals twenty feet (1"=201) and must contain the following information: subdivision name P.M. + •. zoning of tract and adjacent properties. X W name & address of awner(s) i• Ss/ :.:c 3.N�:wk:7.- building setback lines by notation or typical lot name & address of subdivider xa•v�. 4• -. �=s. �;xs;, layout f,fA (if other than owner) X v:<•.; a.' X .4..N location and width of existing and proposed name of surveyor, engineer, 1 105 easements (drainage, utilities, roads, etc.) ''' Landscape architect or architect, X A . s,"fk existing, proposed and adjoining rights-of-way i _.{w_,,,,,, address, registration S and seal r'r �� including dimensions and street names and state `4 X (title) Preliminary Plan .-` " 4 0444 y (::-; road numbers. Lineal feet of road centerlines and O X R scale, north arrraw ).;::::::::.ix.,: 4 X ;;; �• yc:_,;r. approximate acreage of new street rights-of-way . date (including revision dates) X �''' M )C--€M6! existing and proposed utilities, including type, -.,,,_ y,,,; township, tax map-block-tat =�•�. = x.'•:xr--14 sizes, hydrants, valves, manholes references '` - � - #ter:':•"�` .�". ill v K X #i 1. existing and proposed curbs, gutters and culverts; y Parent Parcet,identification x :::# r a �; :::_i including sizes and grades . 5 • ,� deed book and page 1 of property ' X "';KI " s<.;t __ Location and width of alleys, sidewalks, bike Lanes, 0 `f•,_.•, to be subdivided fk ; ? x = `''>s described with bearings X transit systems, and bus stops .- -•f typical street cross-sections and intersection i 7; and distances �f>r:� X '" . ,;k; details including design and width of travetvay and total acreage of the tract and shoulders rm�sxry a acreage of Lots, including and X f horizontal aLionment and general curve data (public excluding area within rights-of-way - Mag roads) --• --• - • . - , , = • (please ease comp ete reverse sid ) • 8 X n,:.•••...•••.•+•�., .control corner 3".?x.. 5 N -^�-^r X r••sf' centerline radius on all proposed streets proposed Lot lines with dimensions ""?": permanent features such as buildings, cemeteries, X �•°:.: tot & block numbers x<-'::':::; historic landmarks 14 Xs phasing tines .M.;.; adjoining tot layout names of adjoining property W r,• topography at ten foot (10) intervals = O X��. ...;:�•..�;� tiv`;s owners. If subdivided, subdivision plat name,.plas g water bodies, streams, floodway and r:•:::;::;; book & t, �:;.::: $.*.:;?:, page number, and perimeter Lot numbers. C'13 floodpleins it :::.•.;• y „1„e t Landscaping and buffer requirements X stream buffers _ k3:4w1c township, corporate and extra-territorial planning `d - y`•""'•:::$: location and size of parcels dedicated v .1iitt`•l ` jurisdiction lines which cross the property Wag for public use, recreational use or •':. Location and size of Lots of restricted development MIN reserved ;i-.'. •in common, with purpose noted potential and notation on plat regarding same V _, '; impervious surface data (if Located in - MO stormwater detention and/or retention sites and _ro :v a:: vater supply watershed) o�R m• undisturbed areas for infiltration purposes (if LO X ?:,•vicinity map shoving general Location located in water supply watershed) Y:ti;;c:>..;:g PP Y z,• ,,;cii of subdivision with streets and roads ' identified by State road number and name C. OTHER SUBMITTAL REQUIREMENTS 1.^ Twenty-five (25) copies of the preliminary plat. i2: -One full site copy of an Orange County Tax map (with tax parcels involved clearly marked in pencil). - 3.. , where municipal or OWASA sever is not available, a copy of the Preliminary Plat, indicating Health Department soils analysis approval/denial for each Lot shown thereon. - . Lt••- 4. • Where a private road is propose8 a written stafedent by the applicant or his/her•authorized.-epresentative;__ . which sets forth the justification for a private road (see Section IV-B-3-d-1 of the Orange County ~~ - Subdivision Regulations).• • --- ••--- .•. 5. Auxiliary documents, in draft form, prepared in accordance with Section VI of this Ordinance which assure • completion and/or maintenance of impravements•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 maybe required as necessary as evidence that the ordinance requirements are tieing met. • , I, the applicant, hereby certify that the foregoing application is complete and accurate. I understand that a .• • ;•5105.00 fee (subdivisions of 1-5 Lots), 5210.00 fee (subdivisions of 6-9 Lots), 5315.00 fee (subdivisions of 10-25 lots) or a x420.00 fee (subdivisions of 26 Lots or more) is due at the time of application. A 55.00 per Lot fee is 'due at the time the final plat is presented'for recordation. _ . e . - (11440,7- . .0410;Z: — ..:7:7 : ..e..--•-- Ze cmt......"1/f4.. 's -• - APPLICANT'S SIGNAT• r OWNER'S SIGNA'f11RE _ 52- ,9• .. 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V fir: ]• .._ • .r ' .._ 1 • 7 FOREST KNOLLS - PRELIMINARY PLAN 11/85 ORANGE COUNTY CERTIFICATION AND APPROVALS - PRELIMINARY PLAT STAFF ASSIGNMENT: _Emily Crudup SKETCH PLAN: Received 1/23/89 Reviewed 1126/89 PRELIMINARY PLAT: Received 211510 Reviewed REVISED PRELIMINARY PLAT: Received Reviewed NCDOT: DATE: _a/8/89 CERTIFICATION: E.M. Cowan, District Engineer SCHOOL BOARD (Orange/Chapel Hill-Carrboro) : DATE: __ 2121aa CERTIFICATION: UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE: CERTIFICATION: OTHER: Recreation Advisory Council (Date) Carrboro Fire Department (Date) Chapel Hill (Date) Carrboro (Date) Hillsborough (Date) Durham (Date) Other - S & E W. Faircloth 3/31/89 (Date) - Health T. Konsler___2/29/8C: (Date) - S & W Conservation G. Huahes _$/27/89 (Date) PLANNING BOARD: Date: 4- r/ - $5 Approval Approval with Condition(s) xx Denial BOARD OF COMMISSIONERS: Date: Approval Approval with Condition(s) Denial 0 0 . v 110 K.4 I CL L.:5 c� c� e.e c'd'8.. . ff • • • • • • 0 . 0 . . . C.) . . . . . . . + ep r • ' rr[ � 11T1 . i . (:) . (I).(el!:....___„... :T-"-------rl 0- el I: ii p 1. / e' -e © cy c, / 1 / a. 7 q u ,.� � d LbC. D (At F( .b � • t . - t .../. . (I . - ... + . • 12oD50 n1:5 C.o 5s lap AC 9 EEnEIV 7' V OW= U February 3, 1989 Page 1 of 2 Orange County Planning Department 306 Revere Road Hillsborough, NC 27278 RE: Justification for private road in Forest Knolls Subdivision An 8 lot subdivision totalling 35.91 acres located on the west side of Dodson's Crossroads between Hwy. 54 and Dairyland Road To Whom It May Concern: The following points were given careful consideration for justification of and compliance with private road standards as contained in article IV-B-3-D-1 in the Orange County Subdivision Ordinance specifically requesting permission for a private road within the subject subdivision. The location of the subject subdivision is in Bingham Township and is generally considered to be a rural location. It is the wish of the owner of the subdivision to retain the rural character of the natural environment while ensuring the privacy of the residents. The physical design of the subdivision clearly preserves the rural character of Orange County as follows: A) The restrictive covenants and design standards provide for lot sizes and building setbacks which are much greater than those required by the ordinance as shown on plat. As noted, there is a retention of all the existing vegetation and foliage on the west side of Dodson's Crossroads back into the subdivision of a minimum 380 linear feet from the center line of Dodson's Crossroads which is used as a natural screen of the subdivision from Dodson's Crossroads which maintains the natural wooded , and forested character along the existing public road and shall be '4 . preserved in it's natural state through the restrictive covenants. B) The restrictive covenants specifically address the intent to maintain as much as possible existing and natural vegetation within the subdivision, thus screening from public view the individual homes by strictly maintaining the wooded and forested character of the local environment. C) The restrictive covenants as noted will prevent further subdivision of the property . • 10 January 3, 1989 Page 2 of 2 D) As noted on the plat, a stream buffer along the creek is larger than the required stream buffers as designated by the current Orange County subdivision regulations, and lot sizes range in size from 1.25 to 7.97 acres and average 4.49 acres per lot. We, therefore, respectfully request the approval of a private road for Forest Knolls Subdivision. Respectfully, Dr. El-Sayed E. Nour ORANGE COUNTY PLANNING DEPARTMENT 11 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 STAFF EVALUATION OF PRIVATE ROAD JUSTIFICATION SUBDIVISION: Forest Knolls - Major Subdivision Preliminary Plan . . DATE: April 3, 1989 The standards contained in the Subdivision Regulations pertaining to public and private roads are listed below. The Planning Staff comment regarding each is provided in italics. IV-B-3-d-1. Roads - Public roads are generally required in all subdivisions and will be required where it is found that: I. The subdivision roads, if constructed to State standards, would be accepted by the State for maintenance due to density or other State requirement; or (A cul de sac must provide ingress and egress for at least 4 occupied residences before it may be accepted by the State for maintenance. When 4 of the 6 lots which access the private road are developed, the minimum required density will be met. ) • 2. The subdivision streets extend existing streets which are public; or . • (The subdivision road does not extend an existing street.) 3. The subdivision roads are part of a development which is located in an area designated as Urban or Transition on the Orange County Comprehensive Plan; or • (The subdivision is not located in a designated Transition Area.) • 12 4. A proposed street is designated as an arterial or collector street on an approved Thoroughfare Plan for a municipality or in the Orange County Comprehensive Plan. (The proposed road is neither an arterial nor a collector; however, Dodsons Crossroads [SR 1102] is a collector.) Provided, however, private roads may be allowed in a subdivision where, in the judgment of the Planning Board and with the approval of the Board of County Commissioners, it is found that the nature and location of the subdivision are such that a private road is justified. (The road is located just outside the Rural Buffer in Bingham Township. This area is considered to be rural; however, residential development along Dodsons Crossroads has increased during the last three years. Most other subdivision roads in the area are private and unpaved, including Sunnyfield, Pickards Mountain, Western Park, Covered Bridge, Five Forks, and Twin Streams. ) In determining whether to permit private roads in subdivisions, the following design features will be considered: 1. The location and design of the subdivision is such that it clearly preserves the rural character of the County through: a. The provision of lot sizes and building setback lines greater than required by ordinance provisions; (Building setbacks of 50' and 30'are proposed. All of the lots which access the private road • are larger than the 0.92-acre minimum size required. The smallest lots exceed the minimum by 0.19 acre. The other six lots are much more than twice the required lot size.) 13 b. The retention and/or provision of landscaping and use of clustering of dwelling units to screen the view of the subdivision from public roads and/or maintain a wooded or forested character; (The entire site is wooded. Protection of existing vegetation will be accomplisheded through restrictive covenants. In addition, the larger land use buffer will also help screen the view of structures from the State road. No clustering of units is proposed.) C. The maintenance of scenic views, including vistas of open farmland and/or forested hills and mountains; and/or (Not applicable.) d. The clustering of dwelling units to preserve wildlife, botanical, historic, archaeological and/or recreation sites; (Individual lots with separate homesites are proposed. No clustering of units is proposed. ) 2. The number, location and/or size of lots to be located in the subdivision are such that, even if constructed to State standards, the streets would not be accepted by the State for maintenance due to density or other State requirements; (When 4 of the lots are developed, the proposed private road would meet the minimum density required by the State. Refer to first Staff evaluation comment.) 3. Restrictive covenants are proposed which prevent further subdivision of the property and the same shall be made a condition of approval, thus maintaining project density; 14 (Restrictive covenants are proposed to prohibit further subdivision and require pro- tection of existing vegetation.) 4. Recreation and/or open space areas, including lands containing significant botanical, wildlife, historic and/or archaeological sites, are to be dedicated and/or preserved through restrictive covenants in amounts greater than required by standards for recreation/open space dedication; and/or (The applicant has proposed preservation of the area adjacent to the State road and along the creek by providing a larger land use buffer than required.) 5. Larger than required stream buffers and lot sizes, and/or other design features are proposed as part of a subdivision to be located in a Protected Watershed as designated on the Orange County Comprehensive Plan to reduce the amount of impervious surface and cause infiltration of storm water runoff to prevent the pollution of water supply reservoirs. (This property is not in a protected water- shed, however, larger lot sizes, a gravel road, and tree protection are proposed to reduce stormwater runoff. A larger land use buffer is proposed to provide additional protection for the perennial stream.) EVALUATION SUMMARY: The proposed subdivision is located in a developing rural area. Most of the other subdivision roads in the area are private and unpaved. Design features are proposed such as larger lots, larger setbacks and buffers, protection of existing vegetation, and a prohibition on further subdivision. Drafts of the Road Maintenance Agree- ment and Restrictive Covenants have been provided with the justification for the private road. The Planning Staff recommends that a Class B private road be allowed for Forest Knolls Subdivision. • sr"74 15 1 • - f 74,/ ;7• //RI: Tkstk...j • STATE OF NORTH CAROLINA 3-- DEPARTMENT OF TRANSPORTATION o P. 0. Box 766 Graham, N. C. 27253-0766 JAMES G.MARTINI DIVISION OF HIGHWAYS GOVERNOR March 8, 1989 JAMES E.HARRINGTON GEORGE E.WELLS,P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR ORANGE COUNTY • - Ms. Emily Crudup, ASLA Orange County Planning Department 306 F Revere Road Hillsborough, N. C. 27278 . SUBJECT: Forest Knolls (private) - Preliminary Plan Off SR 1102 (Dodson's Crossrbad) Dear Ms. Crudup: This is to advise that the proposed private entrance • location has adequate sight distance and is approved by this office. It will be necessary for the developer to obtain a driveway permit for this entrance. Please submit a copy of the recorded plat to this office for our files. If you have questions, please do not hesitate to contact this office. Yours very truly, • M. Cowan • DISTRICT ENGINEER EMC:spi • • • An Equal Opportunity/Affirmative Action Employer • ORANGE COUNTY PLANNING DEPARTMENT 16 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 tip Of 0... 47 • MEMORANDUM TO: Emily Crudup, Planner II FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Forest Knolls Subdivision DATE: March 31, 1989 This subdivision meets the Ordinance requirements for stormwater management by using large lots, limited impervious surfaces on each lot, and retaining a buffer of undisturbed vegetation around the perimeter of each lot to absorb and filter runoff. The owner must submit an erosion control plan and obtain a grading permit before starting construction of the road. • / /I A la.AL 4 ALL/LA A SOIL &WAIL-R 17 RECEIVE Lnj 3-7.1-$9 II) CONSERVATION Orange Soil and Water Conservation District 306 Revere Road • P.O. Box 8181 Hillsborough, NC 27278 • Phone: 919-732-9361 • Ext. 451 March 27, 1989 TO: Emily Crudup, ASLA Planner 11 FROM: Gail Phghes, Soil Conservationist RE: Forest Knolls According to the Orange County Soil Survey, the following soils • are located on this tract: • Herndon 8 slope - has slight limitations for dwellings with or without basements, and has moderate limitations for septic tank absorption fields due to slow percolation. Herndon C slope - has moderate limitations for both dwellings and septic tank absorption fields due to slow percolation, and steeper slopes and increased clayiness of soil. Chewacla - (found along stream floodplain) has severe limitations for both dwellings and septic tank absorption fields due to flooding potential . Please call me if you have further questions. GMH:jw 4001r* ) ) • 18 (3) Forest Knolls (8 Lots - Bingham Township) D IT Presentation by Emily Crudup. The property is located in Bingham Township on the west side of Dodsons Crossroads (SR 1102) 1.4 miles north of. NC Highway 54. It is zoned Residential-1 and designated Rural Residential in the Land Use Element of the Comprehensive Plan. In 1987 the traffic count for SR 1102 near Highway 54 was 1400 trips per day. Adjacent land uses are residential. The total acreage of the tract is 35.91 acres. Eight (8) lots are proposed which range from 1.11 to 7.51 acres in size. These lots will be served by individual wells and septic tanks. The only soils suitable for sewage disposal are located along the top of the knoll near the central eastern boundary (refer to attachment showing location of perc sites) . For this reason, the lots on the west side of Forest Knolls Drive are lg T larger than those on the east side. Restrictive covenants are proposed to prohibit further subdivision of the proposed lots. The applicant has submitted a private road justification for a new Class B private road to access the 8 lots. A draft Road Maintenance Agreement and preliminary restrictive covenants were also submitted as part of the justification for the private. The written justification and the Planning Staff's evaluation of it are an attachment to these minutes on pages - Based on the character of the area in addition to the design features included in the subdivision, the Planning Staff has concluded that a Class B private road would be appropriate on this site. The roads in The Trails are the only paved subdivision roads in the area The roads in Pickards Mountain, Western Park, Five Forks, Twin Streams and Covered Bridge are gravel. The preliminary plan for Forest Knolls has been reviewed by all applicable agencies. NCDOT has approved the sight distance for the entrance road. Orange Soil and Water Conservation Staff has reported soils subject to flooding located along the perennial stream. These soils will be prohibited for development because they are included in the Land Use Buffer as shown on the preliminary plan. Orange County Environmental Health has indicated that each lot has tentative site approval for septic systems. However, lot 1 may need to use minimum setbacks in order to accommodate a house, well and a septic tank. The Planning Staff recommends approval of the preliminary plan for Forest Knolls with a Class B private road and the following conditions: 1. Include in the restrictive covenants protection of existing vegetation, prohibition of further subdivision, 50 and 30-foot setbacks, and the minimum required setbacks for lot 1. 2. On the final plat, change the date to 1989, and dedicate the 5 feet of additional right- of-way and the 10' x 70' sight triangles on Dodsons Cross Roads. 3. Prior to recordation of the final plat, obtain approval from the County Attorney of the 20 oaf 17 restrictive covenants and road maintenance agreement. Jacobs asked if this subdivision was actually "de facto clustering" . Crudup responded that based on topography and soil conditions, the houses would probably be located near the proposed private road. Best asked why the Staff recommended a Class B instead of a Class A private road. Crudup referred to the Private Road Standards in the Subdivision Regulations which state that a Class B road serves 4 to 9 lots and a Class A road serves 10 or more lots. Jacobs asked about other subdivisions on collector roads that had been approved with private roads. Crudup responded that Pickards Mountain, Sunnyfield and Five Forks were all approved with private roads entering on to Dodsons Crossroads. MOTION: Lewis moved approval as recommended by the Planning Staff. Seconded by Boland. VOTE: 5 in favor. 1 opposed (Jacobs - desired a Class A private road) . 1 abstained (Yuhasz - due to professional conflict of interest) . 1 -- V .. _ 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 14_ 1989 Action Agenda Item # 049 SUBJECT: ADVERTISEMENT - MAY 22, 1989 PUBLIC HEARING DEPARTMENT: Planning PUBLIC HEARING: Yes _X_No ATTACHMENT(S) : INFORMATION CONTACT: Legal Notice Planning Director - Ext. 346 Proposed Ordinance Amendments Vo■■■■•■■ •• TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To consider the legal notice and items for discussion for the regularly scheduled quarterly public hearing on May 22, 1989 . BACKGROUND: The regularly scheduled quarterly public hearing will be held on May 22, 1989. The Board of Commissioners reviews notices of public hearing for form and content prior to advertisement. The Board also reviews proposals to be considered at public hearing for consistency with general County policy and presentation format. Proposed atlas, ordinance and/or plan amendments to be considered at the May 22, 1989 public hearing include the following: 1. Assignment of House Numbers a. Rural Route 10 - Chapel Hill b. Rural Route 8 - Hillsborough • 2 2. Comprehensive Plan Amendments a. LUP-7-89 Philip Scott b. LUP-8-89 Map and Text Amendments to the Land Use Element 3. Zoning Atlas Amendments a. Z-3-89 Adjustment of the PW-II Protected Watershed boundary for the Upper Eno Watershed • b. Z-4-89 Thomas Whisnant and Gary Phillips Rezone request (from R1 to NC-2) c. PD-4-87 McLennan's Farm 4. Zoning Ordinance Text Amendments a. Article 12 - Landscaping and Screening Requirements b. Article 7.20.4J - Mobile Home Parks (Landscaping and Screening Requirements) S. Subdivision Regulations Text Amendments a. Section III-B Subdivision Classification b. Section IV-B-10 Cluster Developments The Ordinance Review Subcommittee of the Planning Board and the Planning Board have recommended that the proposed amendments (except for Zoning Atlas amendments) be presented for Citizen comment at the May 22, 1989 public hearing. Approval of the notice will permit advertisement on May 10 and 17, 1989 as required by the N.C. General Statutes. The proposed Zoning Atlas amendments will require notification of individual property owners. The notice must be mailed on or before May 6, 1989 . RECOMMENDATION: The Administration recommends approval of the Notice of Public Hearing for May 22, 1989. 3 NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE ZONING ATLAS AND ORDINANCE, AND SUBDIVISION REGULATIONS FOR ORANGE COUNTY NORTH CAROLINA Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Sections 323 and 343, and Article 20, Sections 20.5 and 20. 6, of the Orange County Zoning Ordinance, and Section IX of the Orange County Subdivision Regulations, notice is hereby given that a public hearing will be held in the Superior Courtroom of the Orange County Courthouse (New) , 106 East Margaret Lane, Hillsborough, North Carolina, on Monday, May 22, 1989, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: ASSIGNMENT OF HOUSE NUMBERS The postal service routes proposed for a change from existing rural box numbers to a system of permanently assigned house numbers are as follows: 1. Rural Route 10 - Chapel Hill Route 10, Chapel Hill, encompasses an area from a point approximately one mile south of Dodson's Crossroads, extending southward along Dodson's Crossroads South to White Cross, and including The Trails Subdivision, Twin Streams Subdivision, Pusseycat Lane, Blueberry Lane, Gait Way and Bridle Spur; moving counterclockwise south of White Cross along Butler Road and Whitecross Road to Old Greensboro Road, and including Brightside Drive; moving eastward along Old Greensboro Road to Carl Durham Road, and including Indian Camp Road, Heron Pond Road, Edwards Drive, Foxfire Drive and Ford Road; then northward along Butler Road to Hwy 54, proceeding eastward from White Cross along Hwy 54 to Bethel-Hickory Grove Church Road, and including Trice-Atwater Road, Elva Lane, Greenfield Road, Sertoma Road, Leslie Drive, and Letta Drive. The eastern Boundary of Route 10 abuts 4 4 Chapel Hill Route 4, from Old Greensboro Road northward past Marion's Ford. 2. Rural Route 8 -- Hillsborough Route 8, Hillsborough, encompasses an area from a point on New Sharon Church Road, moving northeastward from Walker Road to Schley Road, including Buckquarter Farm Road, then west on Schley Road to Schley Community, including Mincey Road, a portion of Hwy 57, Hunt Road, Poplar Lane, Acorn Drive, and Erica Drive; beginning again at Schley and New Sharon Church Roads, moving south on Schley Road, across St. Mary's Road and along Pleasant Green Road, then east along Ebenenzer Church Road to the Durham County line, including Buck Quarter Road and Lipscomb Church Road; then north along Bivens Road from the county line across St. Mary's Road, northward along Terry Road for approximately one and one-half miles. and including Delvin Lane, Redwine Drive, and St. Mary's Woods Subdivision. LAND USE ELEMENT OF THE COMPREHENSIVE PLAN 1. LUP-7-89 Philip Scott The property in question is located west of Rigsbee Road and University Station Road in Chapel Hill Township. It is further referenced as lots 13B and 13C of Chapel Hill Township Tax Map 3. The property contains 21.58 acres of land. The proposed amendment is being considered for redesignation in the Chapel Hill Township component of the Comprehensive Plan from its current designation of Rural Residential to Ten Year Transition. 2. LUP-8-89 Map and Text Amendments to the Land Use Element The proposed amendments up-date sections of the 1981 Land Use Element of the Comprehensive Plan. The sections proposed for change are either no longer applicable, or are in need of revision because of changed conditions. Specifically, the amendments would revise portions of the following Sections: 5 Section 2. County-wide profile; Section 3. Land Use Plan; and Section 4. Implementation and Evaluation. A map amendment is also proposed which corrects an error in the Hillsborough and Chapel Hill Township Land Use Plans. The proposed map change would show the boundaries of the Seven-mile Creek watershed area along the mutual border of the two Townships. ZONING ATLAS 1. Z-3-89 PWII PROTECTED WATERSHED OVERLAY To adjust the boundary of the PWII PROTECTED WATERSHED OVERLAY in the southeast corner of the UPPER ENO Watershed in order to correct mapping discrepancies at the intersection of Hillsborough, Cheeks, Bingham and Chapel Hill Townships. The proposed atlas amendment would add the Protected Watershed (PW-II) Overlay to 238 parcels, totaling about 2250 acres. The properties affected include the following: Rural Residential (R1) , to Rl with Protected Watershed Overlay (PWII) - Cheeks Township, portions of Tax Maps 51, and 57, and all of Maps 51A and 52; and Chapel Hill Township, portions of Tax Map 1. Agricultural Residential (AR) , to AR with Protected Watershed Overlay (PWII) - Bingham Township, portions of Tax Map 4. 2. Z-4-89 Thomas S. Whisnant and R. Gary Phillips The property in question is located on the north side of NC 54, at and west of the intersection of NC 54 and White Cross. Road. It is known as part of Lot 8 of Tax Map 30 of Bingham Township. The total tract contains 9.49 acres, and fronts on NC 54 for a length of 462 feet. The area proposed for rezoning includes 2.65 acres along the frontage on NC 54, at a depth of about 255 feet. There are three zone changes proposed within the 2.65-acre area: one acre, located at the southwest corner of the tract, fronting on Hwy 54, proposed to be rezoned from Rural Residential (R1) to Neighborhood Commercial (NC-2) ; and .65 acres on the southeast corner of the tract, • 6 fronting NC 54, and directly across from White Cross Road, proposed to be rezoned from R1 to LC1; and one acre, also fronting on NC 54, located between the two areas described above proposed to be rezoned from Neighborhood Commercial (NC-2) to Local Commercial (LC- 1) . 3. PD-4--87 McLennan's Farm A Planned Development-Residential (PD-H-RB) has been proposed on property located on the east side of Bowden Road (SR 1946) about one-half mile south of the • intersection with Old Greensboro Highway (SR 1005) . The property that would be rezoned is 37 acres of Lot 24 on Chapel Hill Township Tax Map 115. The proposed development consists of 14 residential building lots served by a community nitrification field for septic tank disposal. The proposed PD-H-RB will be developed in accordance with the RB (Rural Buffer) zoning district, PWII Protected Watershed zoning district, the requirements of the PD-H district, and the Class "A" Special Use Permit that is required for the project. ORANGE COUNTY ZONING ORDINANCE The proposed text amendments to the Orange County Zoning Ordinance are as follows: 1. Amend ARTICLE 12 - LANDSCAPING & SCREENING REQUIREMENTS to provide consistency with the Subdivision Regulation standards by establishing tree protection areas, requiring a minimum number of trees per lot, and incorporating the schedule and standards for required. land use buffers currently found in the Subdivision Regulations. 2. Amend ARTICLE 7.20.4J -MOBILE HOME PARKS (LANDSCAPING AND SCREENING REQUIREMENTS) to be consistent with proposed amendments to Article 12 by substituting Type B screening for the existing Class A screen within the required 100-foot buffer around the perimeter of all new mobile home parks. ORANGE COUNTY SUBDIVISION REGULATIONS The proposed text amendments to the Orange County Subdivision Regulations are as follows: 7 1. Amend SECTION III--B. SUBDIVISION CLASSIFICATION to provide a less restrictive definition of projects which may be processed as minor subdivisions. The proposed definition would allow the creation of four lots from a tract of land within any 24-month period. 2. Amend SECTION IV-B-10 CLUSTER DEVELOPMENTS to require the same information for Minor Subdivisions processed as Cluster Developments as is required for Major Subdivisions. All interested citizens are invited to attend this hearing and be heard. Public comment will be received during the public hearing. Those wishing to oppose the proposals must provide competent material and substantial evidence as to the specific manner in which they are opposed to the amendments. Following the close of the public hearing, only evidence presented at the public hearing will be examined by the Planning Board and Board of Commissioners for decision. Changes may be made in the advertised proposals which reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning & Agricultural Center, 306F Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. , Monday through Friday. You may also call 732-8181 (Hillsborough), 688-7331 (Durham) or 967-9251 (Chapel Hill-Carrboro) . Please ask for Extension 350 or 359. You will be directed to a staff member who will answer your questions. . . .,... . - - •- • - - - • •- -- ---- . . • .• ..-....-.--.-...,...-.......-...-- . - • • I ..- -•• . •. . . ..: • . ,.. .8 . •:• . I • • ' • • . H -'• ' . • 4 . . .. •„ . . • ... . • -: '14 I ..i - ; _ 1 '. • • . -.- : i •'' , • . . I • ; i • . • • . • . 0.4. 1 .. .. ; .- , ; . .I . •• 1 . , - . • .. . .co .. . . 0' i• . ! . . 4 ›-+ 1 - - • , . • • • . _ .. 4.) al I . • . • --. • .0• ,44 r.-4 I • . .• • ., •, .• . i . I • a. . 1 1 .• ' •: -1-5 I . .• , . . • .. . • .- . • • , • • • .c . 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CV • 01 C/3 Cal tli Ed Cd El DI rn 0 0 0 0 0 0 0 0 0 ..••... . ..... . .• ...-7-:',.•• ., ' I- • : . • - .. . W C.$' • . . • ' • . t ..•' ' . t •.••••i-sia'•••i-i.i. a • .„,.• - . • -, I • co Cr -,4 •....,.4.„4,4 *4 .4.4....4..4-.4,.!.,..4 4-.....-,-.,...,.,.... • ... ..-.: .. . .. • 1 w ; . • . • I . . ' . i •'7•:.:•••••; • 0- -• • . . ,• 0. cc I,: .r.:p.:rs:r■ r-: c,e■P.:04 i...:r■c,t4 p..r.: e-:,...:rl t■c■r,CZ.e,r..r■ r.: ...-:-:-::.-::- . --• CU . • I, -• . . . • .• • . . . . .. • • • . •. • . ; . . .- ... - - • • • 0 4 -• • 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . , § 153A-236 CH. 153A. cowries § 153A-240 13 cil, set the duties of any person inspector appointed or designated as a fire prevention inspector.unless he is qualified to do so under G.S. 153A-351.(1965,c.626; 1969,c.c.10o4. unless he is q s. 3; 1973, C. 822, s. 1.) §§ 153A-236 to 153A-238: Reserved for future codification purposes. ARTICLE 12. Roads and Bridges. § 153A-239. Public road defined. In this Article "public road" or "road" means any road, street, highway, thoroughfare, or other way of passage that has been irrevocably dedicated to i the public or in which the public has acquired rights by prescription, without regard to whether it is open for travel. (1973, c. 822, s. 1.) Local Modification. .— Brunswick: 1979, 2nd Sess., c. 1319; Cabarrus: 1981, c. 568, • amending 1979,2nd Sess.,c. 1319. § 153A-240. Naming roads and assigning street numbers in • unincorporated areas. A county may by ordinance name or rename any public road within the county and not within a city,and may assign or reassign street numbers for use on such a road. In naming or renaming a public road, a county may not (1) Change the name,if any,given to the road by the Board of Transpona- tion, unless the Board of Transportation agrees; (2) Change the number assigned to the road by the Board of Transports- • • tion, but may give the road a name in addition to its number; or • (3) Give the road a name that is deceptively similar to the name of any other public road in the vicinity. A county shall not name or rename a road or assign or reassign street numbers on a road until it has held a public hearing on the matter. At least 10 days before the day of the hearing, the board of commissioners shall came notice of the time, place, and subject matter of the hearing to be prominently posted at the county courthouse, in at least two public places in the township or townships where the road is located, and shall publish a' notice of such • hearing in at least one newspaper of•general circulation published in the - -•-- - - - county. After naming or renaming a public road, or assigning or reassigning • street numbers on a public road, a county shall cause notice of its action to b.�e given to the local postmaster with jurisdiction over the road, to the Board of Transportation, and to any city within five miles of the road. This section does not repeal or modify Chapter 945 of the Session Laws of __ . 1953,which pertains to naming streets in Kannapolis. (1957, c. 1068; 1973,c. 507, s. 5; c. 822, s. 1; 1981, cc. 112, 518.1 Local Modification. — Brunswick: 1979, been substituted for"State Highway Conim 2nd Secs., c. 1319; Cabarrus: 1981, e. 568, sion" and for "Commission" in this section s: amending 1979, 2nd Sess.. c. 1319; Forsyth: enacted by Session Laws 1973,c. 822. 1981,c.558; Guilford: 19 79, c.283. Effect of Amendments. — The first 195i • Editor's Note.—Pursuant to Session Laws amendment substituted"at the County Corr,. 1973,c.507.s.5,"Board ofTransportstion"has house, in at least two public places in tia 78 . ' ----._ vt,t‘ x \ Vii 1\``1,\'N` ii ...\-. .\,-,...----w . - ,.... , . ...,:k , t r--f . "'"%li.‘,. ..3,'-sttt\,. ■‘• \te-N ��� .• r W tM&I :1/41,:st X 7,,,,,,,..N.A. 14 1-11214 t N:\ ‘,.. , ' R-i - „ , ....... ma OM ..1r y •.rte •• � C�^` ..�..w s ..+ � *tekile:s !►T�^�����1` `' i 1,, \......,..._, , t f aft, 1,...• 1:41, t. IBS $r1. 7 ...etzle...' .... . ......,.,_. ' riwy \ i,4*-- : .1141-41* ,‘ ' t ,... .i. . iitairf...........,.. . :' • • 1 i/ 4. AA\C\ti 7i& 4. ma■No 7 • p 1• • •0 * z •'41; .. ...":00......)‹.? 0......""'". • 1 \V*‘Itto,04 liv•11 •il, 5 ; : It LIM a Un / on, = 1 tir ,a» • . '. r- - I U . ••..-. .• 1 : of 'm—^J`-'•.'� t 4,,,i';..faa,. `,t= -. �-.`� / ...-• ..- -:'-'.. . - •'rt I ,, .1 0.• , lia:":".'"."*.W.71. /':..... • • .. .1:::)./1/4-01 tip.,\ vif =.....;;;;;= .714(4...,.1 — •1 �'.w r.•' \,i -'. -. . i- • 106 u, - •\`\\ �_=~ •A`}! .fir ` :':JC�.vp,„ , t........).\ Jr' . . ......70.... W Y •r 4., 1%....a4, ,,,LX•''--ai• - 4.-'' 14 dill •••••••:. 1 rt, ,01; 1 • t`; �` . J• j . ` N. E1TM . �--..- C©mpleted ,� �t�� `G` � J :\:...,;:,.:: ..' RR 8, Hillsborough 3 ,1.\,\\\: '�1 : a • • 1 c in • A M A 01 of 1 c 0 V it 1 t r: • 1 t t ORANGE COUNTY PLANNING DEPARTMENT 15 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278. • ra41 t . Dear Resident: In April, 1987, the Orange County Board of Commissioners adopted a House Numbering Ordinance which authorizes the conversion of rural routes and box numbers for all Orange County addresses. To date eleven postal routes have been converted to street addresses. Additionally, all new homes and businesses on single lots and all new subdivisions have been assigned street addresses adhering to the county-wide system. All addresses are computer-maintained and are now being used to support the vital functions (voter registration, tax records, 911 emergency) as well as mail delivery by the appointed postal service areas. Within the next two years, all of Orange County will have street addresses and rural routes and box numbers will be a thing of the past. Hillsborough Rural Route 8 is now being proposed for conversion to house numbers. On Monday, May 22, 1989, a Public Hearing will be held before the Orange County Board of Commissioners to consider the proposed assignment of house numbers to residences and buildings on Rural Route 8 served by the Hillsborough Post Office. The hearing will be held at 7:30 p.m. in the Superior Courtroom of the New County Courthouse in Hillsborough. If approved, the house numbers will replace the old system of rural routes and box numbers. This change will improve mail delivery and allow 911 emergency calls faster access to addresses. Residents will be required to display their new number on their mailbox with numerals at least one (1) inch high. The proposed NEW ADDRESS which reflects the physical location of your residence at tax map reference is as follows: OLD ADDRESS NEW ADDRESS If you wish to speak in regard to this proposal, please attend the Public Hearing. We ask, however, that you confine your comments to specific concerns regarding the assigned house number or street address. If you require additional information about the general process • of route conversion or assigned house numbers, please contact one of the Planning ` Department staff members below. Don Powell (Extension 345) or Miriam Coleman (Extension 575) Orange County Planning Department 306-F Revere Road Hillsborough, N.C. 27278 Phone: Hillsborough 732-8181 Mebane 227-2031 Chapel Hill 967-9251 Durham 688-7331 Sincerely, Marvin E. 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U O s1 14 A 01 1C =2 < >K Oe 3 4 231 E 11 0 Ot a s 4 U U C •-t t• f-'1 .t.. ORANGE COUNTY PLANNING DEPARTMENT 18 306F REVERE ROAD HILL NORTH CAROLINA 272'78 LAND USE PLAN AMENDMENT APPLICATION • All persons requesting an amendment to the Land Use Plan of Orange County are required to complete the following application as completely as possible: OFFICE USE ONLY REOtTEST 41LUP- 7 -`i3c1 DATE RECEIVED: APRIL 7 'i8 STAFF PERSON(Sj RESPONSIBLE: GENERAL DATA: Property Owner(s) Name: 2l-1 ( LL P C.07- Mailing Address: P. 0 -60z, Phone: (Home) 2- 8 - 51/ (Work) 967-2,334- • Agent(s) Name: 5AM,E. t, Mailing Address: Phone: SPECIFIC DATA: 1313 Tax Reference: 'Township HA Pa. 11 1 1_1_ Tax Map 3 Block Lot 13C.- Public/Private Road Name: So Lyr o 7 /G5gE.E. Ac-(2. -rio-r-AL) Lot Size: Acreage Zo.of.) AG 1 Square Footage ei4002,4.s Lot Frontage pi.cm/E Lot Depth / 67,0..34 Fe- fl Current Plan Category Designation(s) : General-RC-1RM_ RE---.511)EtrriAL Activity Node Watershed Joint Planning Area milm...rommmw • REOUEST #LuP- 19 SPECIFIC DATA (continued) : Describe Land Uses in the General Area:-RUR,SCRC.511)607-M.L.-10_YR.1--RAtti.S17101..) On Adjacent Parcels of Land: -1?41P,A1., -- E..5i.Vid7TAL_ REOUEST: land Use Plan Category Designation(s) Requested: 714; Yg- I KA14.51-FLotki Type of Amendment: Primary Secondary )( ** * * * * * * * * * * * This application should be submitted with the following materials: X Fully dimensioned tax map on which is highlighted the parcel, or portion thereof, in question. X Legal description of the parcel, or portion thereof. X Letter of request to include: • - o the tax reference, general location and owner of the parcel o the current and requested land use plan category designation(s) o a narrative stating the manner in which the proposed • amendment will carry-out the intent and purpose of the adopted comprehensive plan or part thereof o a statement of any other circumstances, factors and reasons which the applicant offers in support of the proposed amendment o statement of the changed or changing conditions in the area, or in the County generally, which make the proposed amendment reasonably necessary. I (We) , the undersigned, certify that all statements furnished in this application are true and to the best of my (our) knowledge and that the applicatign as submitted is complete. JN/LIp Sca-ry 1-)(1.4:4; NAME OF APPLICANT --------- i SIGNATURE OF APPLICANT(S) A , to? DATE 20 April 7, 1989 Post Office Box 3324 Chapel Hill, NC 27515 Mr. Marvin Collins, Planning Director Orange County Planning Department 306 F Revere Road Hillsborough, NC 27278 RE: Two parcels of land, which I own in Chapel Hill Township, totaling 21.58 acres Dear Yr. Collins: I am writing to request amendment to the Chapel Hill Township portion of the Orange County Land Use Plan (LUP), to include re- classification of the subject property from Rural Residential to Ten Year Transition. Tax and survey maps, furnished herewith, show the smaller parcel surrounded by contiguous land, and the larger tract sharing a 1,560-foot border with the same contiguous land, for which development has- already been proposed. I also un- derstand the adjacent land is currently being recommended for ap- proval under the same reclassification I seek. At the time I appeared before the County Commissioners 10 years ago, I owned all of the 121.58 acres then known as "the Craig Manor property." Several studies and resulting decisions, all costly to. me, went into pursuit of "the highest and best" de- velopmental use for that site. Subsequently, 100 acres of that property were acquired by the present owners and are now a part of the 575-acre tract already recommended for reclassification ap- proval. I will appreciate equally positive consideration by the Planners, members of the Planning Board and County Commissioners for the remaining 21.58 acres. To that end and in accordance with established procedures for amending the LUP, I am making applica- tion under a secondary amendment for "extension of any plan area where the additional area is contiguous with the existing area and . does not increase the existing area by more than 100 acres." With guidance from the Planning Department it will then be decided if these parcels should also- be expected to conform to requirements for Planned Unit Development. On evaluating how inclusion of this land in the Ten Year Tran- sition Area is consistent witb Land Use Goals, the same locational criteria which helped to quailfy the primary amendment also des- cribe the subject property ( to land slope, hydrology, flora and fauna, soil condition, public service and utilities, transportation system, energy use, existing land use, agriculture and forestry, population density, historic and cultural considerations). In reference to "agriculture and forestry," the present cover of hard- __ 21 Mr. Marvin Collins, Planning Director April 7, 1989 Page 2 wood trees where cornfields once grew is living evidence the land has not been farmed for more than 60 years, the age of the trees. While none of it has ever been "managed" forest land, between 30 and 50 years ago there was some harvesting of pine in such a way as to facilitate maturing of the remaining hardwoods and add to the natural beauty of the area as potential building sites. In reference to "population density," while more of the pri-, mary amendment property is in Eno Township, both parcels of sub- ject land are in Chapel. Hill Township. I understand Chapel Hill Township has experienced a population growth of 3.05% per year since 1970, or a 57.95% increase to the current total of 66,740. With the opening of I-40 it seems reasonable to expect population growth in the neighborhood to increase at a faster rate. Con- cerning "new sub-divisions within a two-mile radius," the subject land lies between the Strayhorn Hills and Windy Hill Farm develop- ments. At the Public Meeting on February 27 of this year, Mr. Collins, you suggested the railroad spur line to the East of subject property as- an appropriate boundary for extending the Transition Area; and, indeed that line does coincide with the boundary for the Hillsborough Utility Service Area. Based on all of the foregoing, therefore, I respectfully request that the subject property be included in the current reclassification to the Transition Area. I thank you, and each person who will be considering this re- quest, for your time and attention to this matter. Yours sincerely, i3f1_1(14. Philip D. Scott, Owner Attachments CM ft Fe-L t1LC Tot. >10 -1/ AiA p 3 '-OT 13(3 22 PROPERTY DESCRIPTION An easement for ingress and egress and for the location of underground utility services over a 60 foot strip beginning at the southern edge of the right-of-way of State Road 1721; and thence South 6 32' 45" West 327.63 feet to an iron; thence North 83"" 30' West 60.0 feet to a point; thence North 6° 32' 45" East 335.45 feet to a point in the southern edge of the right-of-way of State Road 1721 South 76° 00 14" East 60.50 feet to the point and place of beginning. 1. A parcel of land containing 1.58 acres, more or less, and more particularly described as beginning at a point South 6 32' 45" West 75.0 feet of a point in the south- ern egde of the right-of-way of State Road 1721 60.50 feet West of the intersection of the said southern edge with the eastern propertx line of the tract hereinbefore conveyed, thence South 6 32' 45ft West 260.45 feet along and with the western line of the easement hereinbefore reserved; thence North 83° 30' West 248.70 feet to a point; thence North 6° 30' East 292.91 feet to a point; and thence South 76 04' 14" East 250.80 feet to the point and place of beginning. 2. Beginning at a point in the property Mine of Sandy Johnson South 41 44' 08" West 164.46 feet sf an iron in the center of State Road 1721, thence South 41 44' 08" West 1918.78 feet along and with the line of Johnson to a point in the line of Craig Associates; thence North 06° 08' 401 West 1560.36 feet along and with the line of Craig Associates to a point in the line of Percy Rigsbee; and thence North 83° 51' 16" East 1116.70 feet along and with the line of Rigs- bee to the point and place of beginning and containing 20 acres, more or less.. ._•-•-- UPPER ENO WATERSHED `• .� is LEGEND _,,,'.. i ». •t. ti.. • •- , I. 'AR . .,, T. •• W CA ' 1" • *, • ._ TOR 6t -. • "'wts , liblal) "SW WATERSHED BOUNDARY ••, ; - to. .-t4. • --+ _• - ,• 4'M. 1 1.•- .=.jt pt/� ! i *. . v f ,� LANPP.!, y �\��-NOT ONE- _�, ���' - _�f �° �' � { � : � ' ' :, is 3� :< ,. rENOT' ZON'ED�• .fs�.� �"' ;� x� � , ;� �.�, . � �� � RJ.. °r .. ; t•5:- +t mow. 4. 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It is known as Letts) 88 &7, Block 0 , of Orange County Tax Map 30 -- BINGHAM Township. It has a frontage of 458.06 feet and a depth of 904.80 feet, and contains 414,452.69 square feet or 9.49 _acres . (area in application to be rezoned is 1 . 65 acres) 2. It is desired and requested that the foregoing property be rezoned from R-1 to LC-1 • . 3..• The -following information has bean . attached . .in support of the application for changing the Zoning Atlas t* - required on alt applications) . • *e. A fully dimensioned sap at s scale of not Less then ins 111 inch' equals one—hundred 1100) feat nor more then one 111 inch squats twenty- 1201 feet' showing--the tend which is proposed to ha rezoned. • *b. A Legal description of the Land proposed to be rezoned. *c. A statement of justification addressing one or more of the following: 11) 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 end detailed reasons how the proposed amendment will correct the error. • 12) The changed or changing conditions, if any, in the area or • in the County generally, which make the proposed amendment reasonably necessary to the promotion of she public health, safety and general welfare. s,(3) The manner in which the proposed emendment will carry out the intent and purpose of the adopted Land Use Plan or pert thereof. *14) AIL other circumstances. factors end reasons which the applicant offers in support of the proposed esendsent including, but not Limited to, documentation from service agencies (e.g. fire, police, rescue and utilities agencies) assuring services provision capability to the development. d. A list of all individuals, time or corporations, owning property adjoining or within five hundred (500) feat of the property so oh il4 fo fi rezoning Is attached. The List I. current as of 9 (0ate) I certify that ell information furnished in this application is accurate to the bast of my knowledge. pplicantts) : THOMAS S. WHISNANT R. GARY PHILLIPS Address : 116 E. MAIN ST. 116 E. MAIN_ST CARRBORO, NC 27510 CAR• : . ; s . 7 79L_n 'hone: 929-5658_10) 929-5858 (H) GOIRMESIMO ,j, • 26 APPLICATION FOR CHANGE OF ZONING DISTRICT. STATEMENT OF JUSTIFICATION This application to rezone property at White Cross School is being made for three reasons. FIRST. We believe that an error was made when part of this property was zoned NC 2 on September 2, 1981. The intent of this zoning action was to place this zoning such that it encompassed the White Cross School Building. The actual placement as it occurred in the zoning atlas is beside the school ( please see Map A in this section ) . We propose that this existing NC 2 zoning be moved to the west side of the property. The current NC 2 zoning, with its current dimensions will resolve this problem ( please see Map B in this section ) . SECOND. There is at this property a mix of residential and commercial property which is inconsistent with the intent of Orange County's Land Use Plan. Currently. a portion of our property is zoned NC 2 and' is located in the center of the White Cross Rural Community Activity Node, or BH-2, as designated by the 'Orange County Land Use Plan. We believe our rezoning request is consistent with and supportive of the Land Use Plan. It will not contribute to the potential of strip development and is entirely consistent • with the organizing concepts of the Land Use Plan for Bingham • Township, particularly item 5, which states: ". . . . development should take place in compact clusters focused on designated activity nodes separate from agricultural areas. . . . " We anticipate no negative impacts on water supply watersheds and believe that our small request is one that ". . . least disrupts current residents and land use patterns and most enhances the public benefits gained by all residents of the county. " (p 3. 11-2 of Land Use Plan) THIRD. Although we do not have any immediate plans to expand or build, we want to insure that as White Cross School continues to develop as a regional arts center that it will continue to conform to current zoning. As the center continues to thrive,- we anticipate a need for additional property for both studio and performance space as well as increased parking. • 27 • Past uses of the property which -we are proposing to rezone are more consistent with LC 1 zoning than with R-1 zoning. The current structure on this property has served as both a community cannery, as well as a kitchen and cafeteria for the school . The uses date back to the 1930s. We are therefore proposing that the area between our NC 2 zoning and the adjoining property to the east ( currently zoned LC 1 ) , be zoned LC 1. This area encompasses a total of 1.55 acres. This area conforms with all dimensional requirements for a lot with LC 1 zoning as stated in Article 5 of Orange County' s Zoning ordinance. Contained on the following pages are maps of A. The area which we believe is currently NC 2. Notice that this are does not actually include the school or its parking lot. B. The area where NC 2 could be moved to solve this problem. C. The proposed result of this rezoninz. Current NC 2 zoning has been moved to the western boundary of the property line and the residential area which was between the NC 2 and LC 1 is zoned LC 1. 28 LEGAL DESCRIPTION OF 1 .00 AC. AREA CURRENTLY ZONED NC 2, AS MOVED TO THE WESTERN SIDE OF THE PROPERTY AT WHITE CROSS SCHOOL BEGINNING AT A POINT ON THE NORTHEN RIGHT OF WAY OF HWY X654 ON THE EASTERN PROPERTY LINE OF WELDON RIGGSBEE AND THE WESTERN PROPERTY LINE OF WHITE CROSS PARTNERS THENCE; WITH SAID PROPERTY LINE N 16°05"00" 250.61 ' TO A POINT 310' FROM THE CENTER LINE OF HWY 454 THENCE; IN AN EASTERN DIRECTION WITH A CURVE WITH A RADIUS OF 3396.00' A DISTANCE OF 175. 12 TO A POINT 310' FROM THE CENTER LINE OF HWY #54 THENCE; S 16°05 '00 ' 251 .80' TO A POINT ON THE RIGHT OF WAY OF HWY 154 • THENCE ; WITH SAID RIGHT OF WAY IN A WESTERN DIRECTION WITH A CURVE TO THE RIGHT OF WAY WITH A RADIUS OF 3646.00 ' A DISTANCE OF 175.00' TO THE POINT OF BEGINNING. CONTAINING 1 .00 AC. Prepared by Dale Faulkner, surveyor Typed by Thomas Swansea Whisnant • 1 4 J THOMAS S. WHISNANT 29 t R. GARY PHILLIPS ! T126 . \ 4'a Z - 4 - 89 t` i/ 1/117.126 • • . 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Ar e ...1 I CI: 11 -•". 0.4; t_1014. ,..x : 1....... c":„:::: :;'-'• ..,::::: E v. 11: ›. ..sien In tj cc. o2 1 .il-i...,.. ..: ..........0 : • ..... .... .....- 0. 0 WI . ......t • 1' - a i . .2.........„--- • . . ::• : . . . q . 1",.. . • ,...r......„„. 0 .t, 2 e; ... . .., 331 S.. 1 V.L........_.......„......-----'....."''■11 .4". ; ••..0 .01. .8 • ./.0 CtIOP• : z - ■ y 5 4,, A C 1-1•G H W u -.......,,.. ...---1---. .... ..- _--------- ------7----------- 77• I2' 44'. 4/ 450.0 6 ..: ..---• -- ------4-- _--- _,..... _—.- EXIMM00000110101100 •. x 44 ___ - • ORANGE COUNTY PLANNING DEPARTMENT 31 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 e MEMORANDUM TO: File FROM: Emily Crudup, ASLA Planner II DATE: April 21, 1989 SUBJECT: PD-4-87 McLennan's Farm Update In October of 1987, Mr. Leon Todd submitted an application (PD-4-87) for a residential Planned Development in the Rural Buffer. The plan for McLennan's Farm included fourteen (14) lots to be served by a community low pressure system for sewage disposal. The application first went to public hearing on November. 23, 1987, and again on January 4, 1988. The public hearing was continued to the Commissioners' meeting on March 1, 1988 to receive the Planning Board's recommendation and comments submitted by Orange Water and Sewer Authority. At the March 1, 1988. meeting, the Commissioners voted to continue the public hearing on McLennan's Farm to June 21, 1988, and to authorize the County Manager to seek an indepen- dent consultant to study the advisability and effectiveness of alternative systems for sewage disposal. Subsequently, the County contracted with Hazen and Sawyer, consulting engineers to prepare the study. The Hazen and Sawyer report was pre- sented to the Commissioners on August 22, 1988. Due to the length of time required to complete the alterna- tive systems study, the McLennan's Farm request was inadvertently left off the June 21 Commissioners agenda. Since the public hearing was not continued to a date certain, the McLennan's Farm application expired. Mr. Todd has submitted a new application for the May 22 public hearing. However, the only new evidence submitted is information which clarifies the ownership, operation, and maintenance of the proposed wastewater disposal system. The layout and design of the proposed planned development remain the same. .en....e. . ...„....1180. "re■••.....'"... I . ) g ..n. i • .1 .log 1 48 gl g Emen.~.01.1.1110181MIgg MP I • 4 t't■ . - • .)• ill 1 \ .1 32 1.D • 1....... .. (., if• , -- 'C" , : \ • ,, \ — t•-• 1 .... r.1 P • i ° I • :II ‘A',..g * • l 3 .-• aec 1 .• 1: i •-, •- :. 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L :. _ =. .- - . - ir :" , ; ..-.••-• • -.-•.- -. • .. - • -i.-•-:-.. IT r. ■.. ..‘!".... ........=..■.X.............. .,; =.'''.• ..."...,• ' ..- . . !... """•,%,7,1, •' • • . .; . - ORANGE COUNTY PLANNING DEPARTMENT ( 306F REVERE ROAD 34 HILLSBOROUGH, NORTH CAROLINA 27278 MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD • FROM: ORANGE COUNTY PLANNING DEPARTMENT DATE: NOVEMBER 19, 1987 SUBJECT: PD-4-87 McLENNAN' S FARM • g-ener2 'Information Applicant: Mr. Leon Todd 133 W. Franklin Street Chapel Sill, NC 27514 Location: East side of Bowden Road (SR 1946) one-half mile south of Old Greensboro Highway (SR • 1005) , Chapel Hill Township, University Lake Watershed Requested Action: Consideration of Planned Development- Sousing-Rural Buffer rezoning and Special • Use Permit Purpose: To allow a planned single-family housing development on 14 lots containing a minimum of • 67 .120 Square feet served by a common nitrifi- cation field' for septic tank disposal. • . Lot size: 37 acres divided into fourteen (14) lots which average 2.17 acres in size. *Existing Land Use: Agricultural Surrounding Land Uses: Agricultural, Besidential Land Use Plan: Rural Buffer, Water Supply Watershed Zoning: Rural Buffer/Protected Watershed II • _ • • _... _ - MEmORANDUM P7Y-4-87 McLENNAN'S FARM 35 NOVEMBER 19. 1987 PAGE 2 • Compliance with Subdivision Regulations: The proposed plan has been reviewed by the Planning Staff as a preliminary application. It is in general compliance with the Subdivi- sion Regulations with regard to lot access, lot sizes and dimensions, recreation require- ments, and required landscaping. The system for sewage disposal is subject to approval by the Division of Environmental Management. All revisions to the plan necessary to meet preliminary approval requirements will be listed as conditions of approval. • • • • • • _ . - . • • ilfi7 • ASS 0 CL4TES • . . , 36 • , McLennan's Farm &,..ndivisioc Bowden Road at Old Greensboro Highway Crape). Rill Township ' Orange County, North Carolina TEX Hap 7.115.24 . . . . . • ......EGeltr141129I121.421 •. McLennan's Farm is a 2-acre + lot subdivision proposed for a . 37—acre parcel of land whieh is part of the Aubrey McLennan Farm. The project is located in southern Orange County with access to Bowden Road approximately one-half mile south of Old Greensboro . • Highway. The site is characterized by gently rolling pasture land and wood lots. The open spaces are predominantly covered with a • lush growth of common permuna grass formerly planted for grazing. • • The wooded lots are dominated by hardwoods of the oak hickory • . * association with sizes ranging from 6 to 36 inch caliper. Fairly light understory growth is the rule except in the lower areas • along the two intermittent streams where growth is dense. The two _ .streams appear as intermittent on USCS Ouadrangle maps and had very low flows during inspection after a few days of rain. , . The development is characterized by a main entrance road to be • called McLennan's Farm Road. This road will have ten lots • fronting on it. A short cue . sat to be named George Poe Road will provide access to the remaining four lots. McLennan's F2 =1 Road terminates in a cul-de-sac but the right.-of.- ay continues to the north property line. It is anticipated that the land to the north will become available for development sometime in the • _ future, at which time the road will be extended to serve the - • additional property and connect with Old Greensboro Eighway at • Neville Road (see appendix C) an entrance sign of stone and wood . • along with a low wood fence and plantings is proposed for the • entrance at Bowden Ro .ad The fence will terminate at a pair of . . .., - - s-o• - . - • . -Low ne waaas paralleling the road at the first stream crossing. ' - Existing vegetation will be almost entirely preserved, with -some • • minor clearing at the .cul-5e-sacsof the two roads. Detailed planting plans Showing street yard, side and rear yard plantings • . --. - _ • - —_ in...,..._ -•;." . . in accordance with Orange Co. standards u-"I*1 be zunmitted with _ . ._ _. . .... -. 7.* -- final plans. . . • . . . . . . . • . • . . . . . . ...... . . -. - . . . • •-• - — • ' -• • - •-- -- - - .,• . .. • . - . _ -. - - • .... . .., . _ . ._. - - • _ . . .... - - • . _.. _ • . . •— - .. • • _, .. . • . . • . . - - • .._ _ - - - .. - • - *- '- • • • - . . .__ • • - . . . . . * . • . • - • - - - - . .. . .. • ----- ....................- - eeLeenan's,Farm ...ibdiviion 37 Page 2 . . Utilities . The project is not located in OWASA's present service area, and . since it is in the University Lake protected watershed there are * . . . no current plans for extension of lines. Therefore, water and sewer Service will be handled on site. Waseeueter disposal will be handled by a low pressure system which collects wastewater at - each lot and conveys it to a central cemmunityeowned nitrification . . -. . field , This system is explained in further detail in the attached • report by Craig Horgan, PE, our wastewater consultant. Domestic water will come from private individual wells installed by the lot . purchasers. Since this area of the County does not have a good . record of high flow wells, a community system is not deemed economically feasible. Electrical service will be supplied by Duke ?veer 'and will be underground along the* road right-of-ways. Telephone and cable television lines will also be installed • underground. A twelve foot easement is provided oh either side of both roads for utilities. ; - • - Storm Water . . • . . ranaeeeent • . . Since the site is characterized by center slopes in the 2 to 1D percent range, we feel that,seormwater will run slowly enough across land surfaces to provide infiltration for water quality purposes. Storm drainage from the new-roads will be conveyed with shallow swales on the high side to nemerous culverts located at • • • natural drainways. Water flowing from the culverts will be . • dissipated with rip rap aprons and allowed to flow overland - - : through areas of existing dense bereeee grass and woods, finally entering the existing natural streeez. Detailed calculatices of . infiltration rates, swale and culvert design and outlet control . . .• - . • - will be provided with the subzieeal of final plans. t'--eion . . -. • control devices will be installed during construction operetions • in accordance with Orange County repuirements. - A detailed erosion • * . - . control plan will be sebmiteed alone with final plans. . . . . . • . . - • . • _ .. . . . . .. _ . . . — • --• — ' - . - , - - - ' . .• Recreetion/Deen Space • .• .- - . . . - - •. --- . . . . . _ . •--- .. . . _ • e - — ..• . . • - -. . .. e _ A tract of land .4.22 acres in size has been set aside for use as ' • . • - both a eitrificatioe field and improved open space. Teis .trece is . • . e -- about 7D open field and 3De. weeds. A jogging trail will be • - • • _._ e- Installed to correct with Meleneanle Fare Road and loop -trough . • -_ • eee- - - _ er open space. Nemeroes exercise etaeions and picnic tables will - _ -- • . - . , - . . . . . . . . . _ ... . _ . --- . - - • . - - - . • .- - • - • • ,.........--------__e . ScLehnan's Farm 38 . &zbaivision . Page 3 • be.provided thru its course. The lawn will be mowed and maintained by the homeowner's Association for use as an open play area. This tract will be provioed for the private use of the community, and the developer will pay a fee in lieu of dedioat4ng public recreation space. Financin, and • • -...:11....wcI•LIn • _ The developer will secure a loan for financing of the horizontal improvements. This loan will be paid off through sale of lots to builders and individuals. A homeowners Jssociation will be set up with a monthly fee. This fee will go to a general fund which will pay for Maintenance of common areas and fac4lities such as . entrance features, picnic tables, plantings, etc. Membership . , shall be required by all buyers. • . • Schedule • i . i . . . It is anticipate that a permit will be obtained in early April and construction will commence soon after. Ili roads, fences, plantings, Signs, ut es i and recreational improvem.nts will be installed at this time and should take two to three months to • comFlete. The State Department of Transportation will be • petitioned to take over road maintenance as soon as a sufficient ni=ber of homes are built. . . . . . . • • . . _ . . . • . • , . . . . -., . • _ . 7 ' -• .. . . _ . .- ....._ . . . . .. . _ . - . . . .. . _ . .. .. • `. - . -- - - _- . _ , .... ___ . • _ . -. . -_-. •--.. -, - - - - - . .' . -.. • • - - . • . - . . . • ,_. .... . ., , . . - • - . . _ . . • . . - . . . - . . . . • . . . . . . . . -- - . .- . . . . • . - . . ' . • . - . . • .. • . . . . . . • . : — ; - • , . .• . • . • • • . . . • - . . . _ . . . _. . . ... . _ . _ __ - • • • ' . . . .: ::... • : . 1 riNtfge•:: ,:i,•;::.7:,:z.k..,.:t,,,:_:•.,:::::..-,-.•,::-7,.:::......._.-::.......,,,. ... . 39 PROPOSED ORDINANCE AMENDMENT ORDINANCE: Zoning Ordinance • REFERENCE: Article 12 - Landscaping and Screening Requirements ORIGIN OF AMENDMENT: X Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: _X High Middle Low Comment: Major Amendment EXPECTED PUBLIC BEARING DATE: May 22, 1989 PURPOSE OF AMENDMENT: To revise Article 12 of the Zoning Ordinance in an effort to be consistent with the landscape requirements in the Subdivision Regulations. IMPACTS/ISSUES: Development activity in Orange County has increased annually, especially in the last several years. Landscape regulations apply to all new development, including subdivi- sions, planned developments, and individual site construction (with the exception of single family dwellings on existing lots) . As a result, the Planning Staff as well as local developers have cited the need for consistency between the landscape and buffer requirements specified in the Subdivision Regulations and the landscape standards set forth in Article 12 of the Zoning Ordinance. By developing a set of landscape and buffer regulations that can be incorporated into each ordinance, the Planning Staff seeks to facilitate compliance as well as enforcement. Section IV-B-8 of the Subdivision Regula- tions was amended last fall, to include certain provisions from Article 12 of the Zoning Ordinance. The amendments currently proposed will make the landscape require- merits in the two ordinances essentially the same. Portions of Section IV-B-8 regarding tree protection and land use buffers will be added to Article 12 as well as a required minimum number of trees per lot for which site plan approval has been requested. kiaLtillAPICE PROVISIONS: • ARTICLE 12. LANDSCAPING AND SCREENING REQUI7 S 40 12.1 Intent Landscaping and screening requirements are established to irprove the appearance of vehicular use areas and property abutting public rights-of-way; to require screening between noncompatible land uses; to protect, preserve and promote the visual appeal, character and value of the surrounding neighborhood and properties; and to promote the public health, safety and welfare through the reduction of noise pollution, air pollution, visual pollution, air temperature extremes, stormvater runoff, and glare from vehicle headlights and, exterior lighting fixtures. 12.2 General Requirements • . Excluding single-family detached dwellings and duplexes, no new site • development, building, structure or vehicular use area shall hereafter be erected, constructed or used unless minimum landscaping and screening is provided as required by the provisions of this Article. • No property lines shall be altered nor shall any building, structure, or vehicular use area be expanded, unless the minimum landscaping required by this Article is provided for the property to the extent of its alteration or expansion. 12.3 Plan Review and. Antroval Whenever any property is affected by these landscape and screening require- meats, the property owner or developer shall submit a plan for review and approval by the Zoning Officer. The Zoning Officer shall follow the recui-e- ments of this Article in approving.or disapproving any plan required herein. The contents of the plan shall include the following: • a. The dimensions and acreage of each lot or plot or portion thereof to be built upon or otherwise used; b. The layout of the entire project, including the proposed uses of all buildings, and, its relationship to surrounding A , properties; c. The layout of all off-street parking and loading areas, including the location of entry and exit points, the internal vehicular circulation pattern and the location and dimension of reauired parking and loading spaces; d. The location and dimensions of present and proposed streets and, highways;* e. The location, name and size of all existing plant materials to be retained, and proposed plantings and screenings; t. The location of yells, fences and railings and an indication. of their height and construction materials; and g. Title; north; scale; names of owner, developer, and person responsible for plan preparation; and the date that the plan was drawn or subsecuently revised. • 12-1 No building permit shall be issued until the required landscaping 41 plan has been submitted and approved, and no certificate of occupancy shall be issued until the landscaping is completed as certified by an on-site' inspection by the Zoning Officer, unless a performance bond or other acceptable guarantee of improvements has been posted. Where site plan approval, by the Board of Adjustment is required,$neiaher aobuild -eo• or building Perrmmit teri nor a certificate of occupancy shall be issued until such approval has been granted. In the event that there are conflicting requirements within this Article, the more restrictive shall, apply. If any of the requirements contained in this Article are applicable to a Special Use (See Section 12.13) , the requirements must be included in the site plan as required i.n Section 8.8.a. or on an attached Landscape Plan. 12.4 Street Frontage Landscaping Reouirements On the'site of a building or structure or open lot use providing an off-street parking, loading or other vehicular use are, where such area will not be entirely screened visually from any point of view by an intervening building or structure, landscaping shall be required along any property boundary that abuts the right-of-way•of a street, . road or- highway. Such landscaping shall be provided as follows: a. A landscaping area of ten (10) feet in depth shall be located between the abutting right-of-way and any off-street parking, loading or other vehicular use area, except where permitted driveway openings are to be provided. • b. The landscaping area shall be planted in accordance with the following standards: 1. One (1) tree shall be planted for each forty (40) linear feet of the landscaping area. 2. A hedge or other durable landscape material of at least three (3) feet in height shall be planted or erected within the landscaping area so as to provide a continuous landscape barrier. Walls may also be used where, in the opinion of the Zoning- Officer, the proposed type 1 the of aa_,l, material. and the proposed design would be in compliance with the intent of this subsection. ' A combination of hedge, other durable landscape material, or approved wall may be utilized to form the continuous landscape barrier. 3. All portions of the landscaping area not planted with shrubs and trees• or covered by a wall or other barrier shall be planted in grass and/or ground cover, or covered by a natural mulch of a minimum depth of t inches. three (3) aches. 12.5 • Peripheral Coveraee Requirements ' In addition to the r_qu' -cements of Section 12.4 peripheral landscaping shall be provided along the side of an off-street parking, loading or othe vehicular use area that abuts adjoining n8 Property not aright-.of=,ray- Such landscaping shall be providea as :ollows: 12-2 • 42 a. A landscaping area at least ten (10) feet in width shall be located between, the parking, loading or other vehicular use area and the abutting lines, except where permitted driveway openings are to be provided. b. The landscaping area shall be planted in accordance with the following standards: 1. One (1) tree shall be planted for each sixty (60) linear feet of the landscaping area. 2. A hedge or other durable landscape material of at least three (3) feet in height shall be planted or erected adjacent to the common lot line so as to provide a continuous landscape barrier. Walls may also be used, where, in the opinion of the Zoning Officer, the- proposed type ,of wall material and the proposed wall design . would, be in compliance with the intent of this subsection. A combination of hedge, other durable landscape material, or approved wall may be utilized to form the continuous landscape barrier. 3. A.U. portions of the landscaping-area not. planted. with shrubs and trees or covered by a wall or other barrier shall be planted in grass and/or ground cover, or covered with a natural mulch of a minimum depth of three (3) inches. • c. The provisions of the subsection shall not be applicable in the following situations: 1. Where any off-street parking, loading or other vehiculay. • use area will be entirely screened visually, from any point of view, by an intervening building or structure from abutting property. 2. Where planting and/or fencing is required for screening between certain noncompatible land uses. 12.6 Interior Covavia e Recuirements Not less than five (5) percent of the interior of any parking, loading or other vehicular use area shall be landscaped. The location of such landscaping is at the option of the owner or developer, provided, how- ever, no more than ten (10) parking spaces shall be permitted in a continuous row without being interrupted by a landscaped median strip or island and be it further provided that every fourth row of parking shall be separated by a median strip for landscaping and pedestrian purposes of not less than eight (8) feet in width. Such median strips shall be planted with at least one (1) tree per median strip exctet that one (1) tree for every sixty (6o) feet or fraction thereof shall be planted in median strits that exceed sixty (60) feet. • Planting required by Sections 12.4 and 12.5 shall not be considered as part of the interior landscaping requirement. 12-3 43 12.7 The table in Section 12.10 in conjunction with the explanations in Section 12.8 concerning the types of screens establish levels of screening that satisfy the intent of this Article. This table is intended to show the minimum level of screening acceptable.. However, owners and developers may substitute equal or better materials for review and approval. 12.8 Description of Screens, • The following basic types of screens are hereby established and are used as the basis for- the Table of Screening Requirements set forth in Section 12.10 a. Type "A?: A screen that is opaque from the ground to a height of at least six- (6) feet, 4th intermittent visual obstructions from the opaque portion to a height of at least twenty (20). feet. An opaque screen is intended to exclude completely all visual contact between uses and to create • a strong impression of spatial separation. The opaque screen may be- composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetation will be judged on field observation. Suggested planting patterns that will achieve this standard are included in Figure 12.1. b. A screen composed of intermittent visual obstructions from the ground to a height of at least fifteen (15) 'Peat. This screen is intended to partially block visual contact be- tween uses and to create an impression of the separation of uses. Such screen may be composed of various combinations of wall, fence, landscapted earth berm, planted vegetation, existing vegetation. Compliance of planted vegetative screens or natural • vegetation will be judged on field observation. Suggested planting patterns that will achieve this standard are included in Figure 12.2. 12.9 Application of ScreeninR Standard • The type of screening required, either Type "A" or Type "3", is determined • by the use which is requesting a building permit. This use is called the "proposed use" and the other is the "adjacent use To determine which type of screening is required, identify the zoning district in which the proposed use is to be located, then identify the zoning district in which adjacent uses are located. The type of screening required is identified at the intersection of the two columns. (See Section 12.10 - Table of Screening Requirements) 12-4 ca co m < < < < < < < < < < • a 44 m m cO en < < < < C:3 ;C. itc ca u.1 oC., 4' KJ C.3 cCI (.7 al I— L.) 02 en GO CCI t., Id • < = = ' C.3 C3 MI 03 < < Lel —J CC • CO CO < < < CO < < < < < < Id cC • .• et ca • co Id ce) m en < ct < en ct < < < Id • • IA m co < < < < < < < < < < eG Le.$ .-1 c2 m eo < < < et < < < < < < < 0 e4 • ce) co cC ct < < < < < ct ct. < Id ea • ev co go < < •4 ct < < < < et *et < • ce ea as < < < < < < < < < < < < < < • •• .• ce < < • < < < < < < < • < < < • O3 < < < < < < < < < < < < n2 < • • crc cs1 rel LA t I 1 cc 1 1 s t c." (.3 04 en tel C3 — -cs r■ < cc cC ic cc cc —s c.) co u.s o so co .c "C3 ctiN CI ioluisla DNINOZ n3sn 03S0dOlid11 g 0 12-5 • 12.11 Installation and Maintenance 45 Existing landscape material in a healthy condition may be used to satisfy these requirements in whole or in part when such material achieves the intent of this Article. Sound and accepted horticultural • practices shall be used to protect the root zones of all retained existing plant material during construction and also during under- ground utility installation. All new landscaping shall be of good quality and installed' in a sound, workmanship-like manner and according. to the following planting procedures: a. Planting holes should be dug at least one-third (1/3) larger than the root ball. If the soil is poor, holes should be dug two (2) or three (3) times larger than the ball and backfilled with rich to soil. (See Figure 12.3 and Figure 12.4) b. Plants shall be planted in their permanent location imtaediately upon receipt. Most varieties should be planted so that the top of the ball is one and one-half inches (11") below ground level. It is not necessary to remove the burlap but the. strings from ' around the stem of the plant must be removed and the burlap should be folded from the top of the bai.,l after the plant is in the hole. The soil around the plant should be tamped to remove air pockets. Mulching with a good mulch to help retain moisture is mandatory. (See Figure 12.3 and Figure ].2.4). c. Trees which have heavy tops or which are over six (6) feet in height shall be staked to prevent winds from loosening the roots. (See Figure 12.5 and Figure 12.6). d. All plants shall be soaked thoroughly with water at planting time and once a week (unless soaking rains occur) thereafter during the first growing season. e. Deciduous trees and shrubs should be cut back to between one-half ( i) and one-third (1/3) their original size following planting. Evergreens usually need only light pruning and shaping after transplanting. • Parked vehicles may overhang a landscapted area no more than two and one-half (21) feet, provided curbing or• other wheel stops are installed to insure no greater overhang or penetration of the landscaped area. Landscaping, walls, fences, and other material shall be so located as ' to prevent its damAge and/or destruction by overhanging vehicles. The type of landscape material to be used in meeting the requirements of this Article is -at the option of the owner or developer but shall be compatible with surrounding properties in the style of the layout and materials used. Tables 12.1 through 1.2.6 provide a listing of acceptable plant materials which are adapted to the local climate and soil conditions. No synthetic 'plant materials may be used to satisfy the landscaping requirements. 12-6 46 ‘---------' ...., At installation, large trees shall be not less than ten (10) feet high; email trees not less than six (6) feet high; large shrubs not less than twenty-four (24) inches high; and small- shrubs not less than fifteen (15) inches high. In any event, plant material required for the purpose of landscaping and/or screening shall be of such initial size to reach the required height within tow (2) growing seasons after installation. Horticulturally and esthetically appropriate earth berms may also be used, to contribute to overall required heights. Construction procedures shall be utilized which preserve and replace existing topsoil. The owner or tenant of the proterty shall be responsible for the continued proper- maintenance of all landscaping materials, and • shall keep them in a proper, neat and orderly appearance, free from refuse and debris, at all times. All landscaped areas should be provided with a readily available water supply. All unhealthy or dead plant-material shall be replaced by the owner or developer within one (1) year of the issuance of the Certificate of Occupancy or by the next planting season, whichever comes first. Orange County shall insure continued maintenance of all landscaping material using the enforcement authority of Article 23 of the Zoning Ordinance of Orange County. . . .12.12 Refuse Collection. . ---------...------- Ali developments shall provide secure, safe, and sanitary facilities . • . for the storage and pickup of refuse. Such facilities shall be con- venient to .collection and shall be appropriate to the type and size. of the development being served. . Except for single and two-family dwellings, all refuse storage . facilities shall be screened by a solid wall, fence, tight evergreen hedge, or combination, of the above. Such screening shall be of suffi cient height and design to effectively screen the facility from the view from adjacent residential uses and streets, and from adjacent Properties. • 12.13 22211a4.1PI2J92..-.4ROial Use Pets • -----------------.-- ---4-- The following Special Uses shall provide screening as required, below or as required in Section 12.10: s. . . (a) Extraction of Earth Producet - as required in Section 8.8.1 with a one hundred (100) foot buffer. (b) Landfills - as required in Section 8.8.2 with a one hundred (100) • foot.buffer . , (c) Public Utility Stations and Substations, Water Treatment, Sewage Treatment, Switching Stations, Telephone Exchanges-Type A with a • Landscape Plan as required in Section 8.8.3. • (d) Group Care Facility As required in Section 8.8.4. (e) General Aviation Airports, STOL and Eelicorts - as required in Section 8.8.8. . (f) Adult Uses - Type A with a thirty (30) foot buffer . (g) Junkyards - As reauired in Section 8.8.10 with a thirty (30) foot buffer. 12-7 47 (h) Kennels or Riding Stables/Academies - as required in Section 8.8.11. (i) Temporary Use of-a Residential Mobile Home - as required in Section 8.8.12. CO Community Center - as required in Section 8.8.13 with a thirty (30) foot buffer. (k) Commercial Cemeteries - Type B with a twenty (20) foot buffer. • (1) Day Nurseries, Day Care Facilities and Private Kindergartens as required in Section 8.8.16. (m) Radio and. Television Transmitting and Receiving Towers, and. Elevated Water Storage Tanks as required in Section 8.8.17. (n) Buildings for Temporary Use - as required in Section 8.8.18. -(o) Electric, Gas and Liquid Fuel Transmission Lines - as required in Section 8.8.19. (p) Residential Hotel, Dormitory, Fraternity Sorority, and Religious Quarters. - as required in Section 8.8.20. (q) Recreational Facilities - as required in Section 8.8.21 with a twenty (20) foot buffer. Cr) Waste Management Facility, Hazardous and Toxic Use - Type A with • additional requirements in Section 8.8,22. (s) Planned Developments - as recuired for the zone in Section 12.10- for corresponding zone. • • • • • • • 12-8 PROPOSED AMENDMENT: 48 ARTICLE 12. LANDSCAPING AND BUFFER REQUIREMENTS 12.1 /ntent Landscaping and screening requirements are established to improve the appearance of vehicular use areas and property abutting public rights-of-way; to require screening between noncompatible land uses; to protect, preserve and promote the visual appeal, character and value of the surrounding neighborhood and properties; and to promote the public health, safety and welfare through the reduction of noise pollution, air pollution, visual pollution, air temperature extremes, soilerosion, and glare from vehicle headlights and exterior lighting fixtures. The intent of this ordinance shall be achieved through the pzegeryati2n of existing ygggtation and the addition of pialtinge where negeggegy to meet the minimum requirements set forth in this Article. Existing vegetation may be used IQ meet the ragnimeManta of this Section, pmylpiejd, however, ceA of such 3egttetio2 will be determined by site inspection by Planning DAPArtment RaKERILML. 12.2 General Requirements Excluding single-family detached dwellings and duplexes, no new site development, building, structure or vehicular use area shall hereafter be erected, constructed or used unless minimum landscaping and screening is provided as required by the provisions of this Article. No building, structure, or vehicular use area shall be expanded unless the minimum landscaping required by this Article is provided for the property to the extent of its alteration or expansion. 12.2.1 Protection of Existing vegetetig2 PA Any land for which application for site plan approval has been made.after the effective date of this ordinance, no pemmoll, firm or coxppretion shall remove or cause to be MI.E.gmad Any trees or other yegetetion except in accordance Elth 62K2Mad 12.2.2 peeignAtign of Tree Protection Areas Dilating traea, regardlAge of size shall not be cut or gthaatigl gAmggftd or desgsbyed within a primary tree gr.gIAgtign Area, and exIELL22 trees haying a diameter of one 111 fflat gMaAtAK.,_ as measured four and one-half (4.5) feet - Allogya 2Kennd level shall not be cut damaged or destroyed . within sgcondary tree Pt i2n area as defined as follows: tAl Etimary Tgeg Protection Area. That portim of a lot which is to be used for required recreation o en space area; front, side and rear yard setback areas: and Land---- 49 Use Buffers as required hy this Ordinance. If no side and/or rear setbacks are required, the Primary Tree Protection Area shall be ten /10) feet in width. 4121 Secondary Tree Protection Area. Any portion of a lot not included within the Primary Tree Protection Area. 12.2.3 Exceptions gp2n site plan approval trees may be removed only from designated vehicular surface areas and utility and/or storm water drainage easements. In cases where retention of existing trees would create unusual hardship or development problems in building sites, recreation/open space, setback and/or buffer areas, the Eluming Director shall determine when such hardships exist and may designate areas that may be exempt from tree protection and may approve replacement of trees removed from such areas. The Planning Director may approve the planting of new trees if one or more of the following exists: (a) Necessity to remove trees in order to survey existing and/or proposed property lines and easements; /hi Necessity to remove diseased trees or trees weakened by age, storm, fire or other injury: 121 Necessity to remove trees in order to construct proposed improvements, as a result of the need for access of construction equipment around proposed buildings, the need for construction access to the lOtL and the need to alter the existing grade of the site or to install utilities and/or drainage structures; and id). Necessity to observe good forestry practices, i.e . , the number of healthy trees that a given parcel of land will support. • All applicable exceptions to tree protection must be listed gg the required landscape plan. 12.2.4 Protective Measures During construction activities, adequate protective measures shall be provided to minimize damage to existing trees and other vegetation. Protective devices such as a wooden or rope fence with strips of surveyor's flagging attached shall be installed prior to any grading, construction traffic or agtiyity taking place near trees to be retained. Such Protective devices shall effectively protect the roots, trunks, and tops of trees to be retained and shall be maintained until all work has been completed. • Construction traffic, storage of vehicles and materials, and grading shall not take place within the drip line of trees to be retained. Construction access to a site should occur where • 50 AA AlciAtiAg 2r AraP..21A4 ADIXADgALAKit is located. A AtAhl4ixAd swan area should be designated for gterage of materials Linelgding stock ilin of soil and crravel) and for parklmg construction vehicles and equipment. Exce t for AidAltAlta. And nub And tier nopazing with concrete AARhAlt or other imnAr21KIAEI material within the griR line of tzaaa to be retained shall be allowed. NhArA nzAding within a tree jrig line cannot be avoided the tp/lawing measures shall be used to maintain the life of the tregg affected lay gredingl £ Umit _gat and fill to one7fourth lial to one-half (1/2) et, the area within the grlp line of the tree. thl Avoid gat and fill around the entire circumference of the trank of the tree- lel Root prune a tree several months prior to an cuts within the agiR line' la Roam tree limbs, in an amount which reflects the area of tha roots to be AAMArga, but in no case allow runin to AX.O.Ag thirty Q1911 of the tree crown. Fertilize And Neter the undisturbed root area of the tree' LA/ nal:A grAdIng has left roots gmoged, cut roots clean' and • III Avoid tillin g within the Aria line of a tree without gem mechanism haing installed such as a tree well or RArtgitfttad PIRA to allow water and air to reach the roots. 12.3 glan Review and APPr2.17A1 Whenever any property is affected by these landscape and buffer requirements, the property owner or developer shall submit a plan for review and approval by the Zoning Officer. The Zoning Officer shall follow the requirements of this Article in approving or disapproving any plan required herein. The contents of the plan shall include the following: a. The dimensions and acreage of each lot or plot or portion thereof to be built upon or otherwise used; b. The layout of the entire project, its relationship to surrounding properties, including the proposed uses of all buildings, utilities overhead and underground here known storm grAIAAgt and refuse gterage facilities* c. The location and dimensions of present and proposed streets and highways, the layout of all off-street parking and loading areas, including the location of entry and exit points, the internal vehicular 51 circulation pattern and the location and dimension of required parking and loading spaces; d. Natural features such as streams, water bodies, rock PAI.C.X.P.PDihgg etc. ; e. The location, name and size of all existing plant materials to be retained; f. Proposed plantings to meet Ordinance requirements labeled according to species (common name) , APtagiag.g.. and AlgAL g. The location of walls, berms, fences and railings and an indication of their height and construction materials; and h. Title; north; scale; names of owner, developer, and person responsible for plan preparation; and the date that the plan was drawn or subsequently revised. No building permit shall be issued until the required landscaping plan has been submitted and approved, and no certificate of occupancy shall be issued until the landscaping is completed as certified by an on-site ?inspection by the Zoning Officer, unless a performance bond, .etter of credit or escrow Agreement as a guarantee of Improvements has been posted. Where site plan approval by the Board of County Commissioners or Board of Adjustment is required, neither a building permit nor a certificate of occupancy shall be issued until such approval has been granted. In the event that there are conflicting requirements within this Article, the more restrictive shall apply. If any of the requirements contained in this Article are applicable to a Special Use (See Section 12. 7 ) , the requirements must be included in the site plan as required in Section 8.8.a., or on an attached Landscape Plan. 12.4 Ipain g Standards Where construction is proposed either on unforested land or trees have been Apprayed for removal under one or more of the gameRtions listed in 12.2.3 new trees shall be planted in accordance with the proziliois of this Section. 12.4.1 ESg1.4.1- ad IgAdggaRing a, Along Street ErsantAge .(.11 AA A rggnirament of site plan approval, the Appulaant shall plant trees along the frontage of thg lotigl to be deyeloped. In calculating the number of trees regglred per lot frontage, tree h typea have been Assigned a value in linear feet based pn the aygrage mature _canopy spread. The • 52 values are forty (40) feet for large trees and `~ twenty-five (25) feet for small trees. Each lot must have one _ U large tree per street frontage (value of 40 feet) . The number of trees to be planted on the m reaining frontage (total frontage less value for one large tree) is determined by dividing the remaining frontage by the value(s) assigned to tree types selected for planting by the developer. For example, where a Land Use Buffer is not required, the number of trees required on a lot having a frontage of 130 feet would be calculated as follows: TOTAL LOT FRONTAGE 130 feet LESS: VALUE OF REOUIRED LARGE TREE 40 feet EQUALS: REMAINING LOT FRONTAGE 90 feet OPTION #3.: ALL SMALL TREES 90 feet divided by 25 feet (value for small tree) = 3.6 or 4 trees. Total number of required trees = 4 small trees + 1 large tree OPTION #2: ALL LARGE TREES 90 feet divided by 40 feet (value for large tree) 2.3 or 2 trees. Total number of required trees = 3 large trees OPTION #3: COMBINATION/LARGE & SMALL TREES 90 feet - 40 feet (1 large tree) = 50 feet 50 feet divided by 25 feet = 2 small trees Total number of required trees = 2 large trees 2 small trees .a Upon installation, trees shall be spaced at least fifteen (15) feet apart, but preferably no greater . than the spread of the canopy, normally achieved by the tree species upon maturity. 421 Street trees shall be planted within the required front yard setback. Selection and location of trees shall consider existing and future site conditions including, but not limited to overhead and/or underground utility, lines, vehicular access drives, the location and extent of existing vegetation, and soil suitability. Selection of tree types shall be made from the list of acceptable plAnt materials provided in Tables 12. 1, 12.2, & 12.3. Other suitable alternates may be used if approved by the Planning Department. (b) Lot Perimeter 11,1 Where a Land Use Buffer is not required, a landscape area ten 110) feet in width exclusive of drainage and/or utility easements shall be provided 53 • Along the interior of side and rear lot lines of ' each lot being developed. If the existing trees, are not sufficient, the applicant shall provide a minimum of one (1) tree ear one thousand (1000) square feet of land contained within the 10 foot landscape area. (2), Trees to be planted within recreation and open space areas, and side and rear yard landscape areas shall be installed to reflect the natural growth patterns of materials selected. Tree species shall be spaced in a manner which permits full spread of the canopy upon maturity and shall be selected from the list of acceptable plant materials in Tables 12.1, 12.2, and 12.3. Other suitable alternates may be used if approved hy the Planning Department. (3) When buffers, as required Ay Article 12.6, or approved utility and drainage easements overlap or cross the ten foot landscape areas or recreation and open space areas, those overlap areas shall be exempted from computing the number of required trees to be installed in the side and rear landscape areas. (c) Where parking/vehicular surface, outdoor storage, or an undesirable view is adjacent to the road right-of-way and side and rear lot lines, to screen undesirable views additional plantings shall be required for screening. ill A .landscape area at least ten (10) feet in width exclusive of drainage and/or utility easements shall be provided between the parkingLythigulAz surface or outdoor storage and the right-of-way lot line except where permitted driveway openings are to be provided. (2) In addition to the trees required by Article 12.4.1a and 12.4.1b, a hedge or other durable • landscape material (fence or berm) of at least three (3) feet in height shall be installed to provide a continuous Opaque landscape barrier for the Purpose of reducing glare and visual distractions to passing motorists and to adjacent properties. (3) To screen outdoor storage areas or undesirable yiews, a six foot hedge may be required. A fence, wall, or earth berm may be used in combination with plantings to achieve screening. .(_4.), The provisions of this subsection shall not be Applicable in the following situations. (a) Where any off-street parking, loading or other vehicular use area will be entirely screened visually, from any point of view, by an 54 intervening building or structure from abutting property or when differences in topographic elevation eliminate visual impact to adjacent roads or properties. (b) Where planting and/or fencing is required for screening between certain non-compatible land uses. 12.4.2 Interior Coverage Requirements Not less than five (5) percent of the interior of any parking, loading or other vehicular use area shall be landscaped. The location of such landscaping is at the option of the owner or developer, provided, however, no more than ten (10) parking spaces shall be permitted in a continuous row without being interrupted by a landscaped • median strip or island and be it further provided that every fourth row of parking shall be separated by a median strip for landscaping and pedestrian purposes of not less than eight (8) feet in width. Such median strips shall be planted with at least one (1) tree per median strip except that one (1) tree for every sixty (60) feet or fraction thereof shall be planted in median strips that exceed sixty (60) feet. Planting required by Sections 12.4.1 and 12.6 shall not be considered as part of the interior landscaping requirement. 12.4.3 a. Plantings as required by this ordinance shall not be located in drainage, access or utility easements, under overhead power lines or in sight triangles as described in Article 9.2a. b. All developments shall provide secure, safe, and sanitary facilities for the storage and pickup of refuse. Such facilities shall be convenient to collection and shall be appropriate to the type and size of the development being served. All dumpsters/refuse storage facilities shall be screened by a solid wall, fence, tight evergreen hedge, or a combination of the • above. Such screening shall be of sufficient height and design to effectively screen the facility from the view of adjacent properties and roads. C. Fences, walls, and earth berms may be used in combination with trees and shrubs to fulfill required landscaping; provided, however, that these manmade features are designed and located in such a NAy that will not conflict with other site features and functions and will be in harmony with the surrounding landscape. d. Al]. portions of the landscaping area not planted with shrubs and trees or covered by a wall or other barrier shall be planted in grass and/or ground cover, or covered by a natural mulch of a minimum depth of three (3) inches. 55 12.5 Land Use Buffer Requirements LAO Use Buffers shall be required to separate a proposed land use from.adiamt major streets and different land uses gx zoning dgAwnatigns in order to protect, preserve and grgrAgtg the visual AppAal, character and value of the RE(.222Ald land AAA gAdLgr surrounding property; to provide for thA separation of sp....4ms, ggeatiAg a sense of privacy; to Prpagtft the gghlig health safety and welfare by minimizing =Antis" nuisances such as the transmission of noise, odor, gnat, litter, glarg of lights, and other unpleasant visual distractions gzcep t ag otherwise specifically provided in this Ordinance, the type s_d_ Land Use Buffer required between a proposed dgliglggagnt and adjacent streets, land uses or zoning designations shall be specified in Article 12.7 of this Ordinance. The table in Section 12.6.2 in conjunction with the explanations in Section 12.6.1 concerning the types' of buffers establish levels of screening that satisfy the intent of this Article. This table is intended to show the minimum level of screening acceptable. However, owners and developers may substitute equal or better materials for review and approval. 12.5.1 LigatAgn and Utilization of Land Use Buffers Eggmirgd Land Use Buffers shall be located along the interior Q. street lot lines nearest the adjacent streets, land uses AndL2K, AAALAg 51AAL,TIAttaltA Buffers shall not be located on ny.paztign gf An Azagting or proposed street right-of-way, dralnagg or ntility easement. Ng branding gr structure of any type shall be erected, constructed or installed in a reauired Land Use Buffer. 12.5.2 ngsignatign of Land Use Buffers • A ,.. ired Land Use Buffer shall be designated site plan and shall have thg tgliogiag restriction lettered on the face of the site planl 114and Use Buffer: The use and maintenance of this buffer and the bglidtqg of structures thereon is restricted giant tg Article 12.5 of the Orange County Zoning Ordinance " Irk gdditlgn, the Land Use Buffer shall be labeled according tygg and dimension. 12.6 . Standards For EAwirAd Land Use Buffers mho, tyggg gt Land Use Buffers described in the f1lowig table Arg tg be used as the basis for the Schedule of Required Land Use Buffers set forth in Article 12.6.2. 56 An opaque screen is intended to obstruct visual contact -- between uses and to create a strong impression of spatial, separation. A semi-opaque screen is intended to partially block visual contact between uses while maintaining a sense of spatial separation. in areas of dense mature forest, existing vegetation mav be And te. fulfill the buffer requirements. Where there is no gglating vegetation in the buffer area, or j . existing vegetation does not provide a sufficient buffer, additional plantiag shall be required. Compliance of planted vegetative buffers will be judged on thg basis of the average height and density of foliage of the subject species upon maturity. Compliance of existing vegetative buffers will be judged on the basis of field observation. Upon maturity, the semi-opaque or portion of the. intermittent visual obstructions should not contain any completely unobstructed openings more than ten (10) feet in•width. Suggested planting patterns to achieve the buffer standards are provided in the Appendix. New plant materials installed to satisfy the buffer requirements of Article 12. 6. 1 shall be installed and maintained in accordance with the provisions of Article 12.8. ‘. ‘ 7 57 - 12.6.1 Standards For Required Buffers Required Buffer Buffer Buffer Description Type Width A buffer composed of deciduous and/or evergreen vegetation forming semi-opaque intermittent visual Lstructions from the ground to a height of at least thirty Type A 30 feet (30) feet. A buffer composed of deciduous and/or evergreen vegetation that is opaque from the ground to a height of at least five (5) feet, with semi-opaque intermittent visual obstructions from the opaque portion to a height of at least thirty Type B 30 feet (30) feet. A buffer composed of 50-75% evergreen vegetation distributed so as to create a semi-opaque screen to a height of at Type C 40 feet least thirty (30) feet. Type D 50 feet Same as Type C. A buffer composed of predominantly (at, least :75%) evergreen vegetation that is opaque to a height of at least thirty Type E 75 feet (30) feet. Type F 100 feet Same as Type E. 12. 6.2 Schedule of Required Land Use Buffers Mg type of Land Use Buffer required between a proposed development and adjacent streets, land uses and/or zoning designations shall be specified in the following table. The type ef buffer required is determined la the existing and/or Proposed principle jagelal on the lot(s) for which site plan Approval is requested. To determine which type of buffer is required adjacent to an existing and/or proposed land use, identify thg existing and/or proposed principle use(s) on the lot(s), then identify the adjacent existing zoning 58 _.__j sash founimucv I L..I u—I 41.. la—I LA-1 4 -"r 4 4 4 4 1 1� L+. —ra 1 .l .Z 1�Z 1 6�-1�'�4' w Z =,.' s'PJ,,,klunrrtll:d P'1 1'uorloseao Duru/W,r4spn0 L .I L...I La.I 1.+-i u_I Lr.I L+.I Li..Ili.. 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OG OC 6{. c :q C • � M 24..:4J Q T C ' C • £.- 114 0.r a v Qm� a CI _ r- L ;, .c .,6 4-` " Y` °. a w o o $ v —ate o DV • �' J n a = •a "e vi • n Z Ia-a ,cla o a 1: -e ;u a - OI.'r^ v•ate. `~ Q o 0 o p u ~' e o e n add« .E� ° ;.. .� aaaaold� o U--a id O O 0 0 N •!Q7 =r. • ..ui. O ig v�„oy, .V •O t L c ^-+ 1 'n d V d ac O-s 4 s L7 m ... 's! swn Ou111ewp sod sAo.w01{,1 to11!1/ll•1 oesssn u (�,( }c A I lot �;wr rW Loo m^ uo ue uelsx+posd I uoP 4,11 C. 0 JuaWaolew+Q lir'IIsuiorsplt ssooslS slrob A2a+osey 1ol�sowluo, 3vvas- 59 district(s) and/or land uses. At the intersection of the two columns is a letter which indicates the type of Land Use Buffer required. For the purposes of this Article, "adjacent" land uses shall also include is and lands across a street, other than an interstate highway, from the proposed development. In addition to the Land Use Buffers specified in, the following schedule, buffers shall also be required on developments proposed adjacent to areas of cultural, historic, or natural significance as listed in An Inventory ot Sites of Cultural, Historic, Recreational, Hiological, and Geological Significance in the Unincorporated Portions of Orange County. The type of buffer required in those cases shall be determined by the Planning Director based pa individual site evaluations. The faugalag is a list of other specific land uses not included in the Schedule of Required Land Use Buffers., The type, buffer listed with each is the minimum buffer which may be required. Other types of buffers from Article 12.9 may be required when land uses adjacent to the proposed development are considered. Land Use Buffer Type P13 Military Installations P15 Parking as a Principal Use (Structure) S4,S5 Assembly Facility A S8 Clubs or Lodges A S9 Drive In Theatres A 527 Nightclubs, Bars, Pubs S48 Sawmills 12.7 Requirements for Special use Permits The following Special Uses shall provide land use buffers as required below or as required in Section 12. 6.2. Buffers required shall apply to all property lines including road right-of-way lines. a. Extraction of Earth Products - as required in Section 8.8.1 with a one hundred (100) foot buffer, Type F. b. Landfills - as required in Section 8.8.2 with a one hundred (100) foot buffer, Type F. C. Public Utility Stations and Substations, Water Treatment, Sewage Treatment, Switching Stations, Telephone Exchanges-Type B with a Landscape Plan as required in Section 8.8.3. d. General Aviation Airports, STOL and Heliports - as required in Section 8.8.8. 60 e. Adult uses - Type B, a thirty (30 foot buffer) . f. Junkyards - As required in Section 8.8.10 with a one- hundred (100) foot buffer, Type F. g. Kennels or Riding Stables/Academies - as required in Section 8.8. 11, Type B. h. Community Center - as required in Section 8.8.13, Type A. i. Commercial Cemeteries - Type A. j . Day Nurseries, Day Care Facilities and Private Kindergartens as required in Section 8.8.16, Type B. k. Radio and Television Transmitting and Receiving Towers, and Elevated Water Storage Tanks as required in Section 8.8.17, Type D. 1. Residential Hotel, Dormitory, Fraternity, Sorority, and Religious Quarters - as required in Section 8.8.20, TYPe A. m. Recreational Facilities - as required in Section 8.8.21 with a twenty (20) foot buffer, Type A. n. Waste Management Facility, Hazardous and Toxic Use - with additional requirements in Section 8.8.22, Type F. o. Planned Developments - as required by Article 12.6.2 for the type of use within the Planned Development. 12.8 Installation and Maintenance Existing landscape material in a healthy condition may be used to satisfy these requirements in whole or in part when such material achieves the intent of this Article. Sound and accepted horticultural practices shall be used to protect the root zones of all retained existing plant material during construction and also during underground utility installation (refer to Article 12.2.1) . All new landscaping shall be of good quality and installed in a sound, workmanship-like manner and according to the following planting procedures: a. Planting holes should be dug at least one-third (1/3) larger than the root ball. (See Figure 12.3 and Figure 12.4) ' b. Plants shall be planted in their permanent location immediately upon delivery to the site. It is not necessary to remove the burlap, but the strings from around the stem of the plant must be removed and the burlap should be folded from the top 1/3_ of the ball after the plant is in the hole. The soil around the nosani,„— 61 plant should be tamped to remove air pockets. Mulching with a good mulch 3-4" deep to help retain moisture is mandatory. (See Figure 12.3 and Figure 12.4) c. Trees which have heavy tops or which are over six (6) feet in height shall be staked to prevent winds from loosening the roots. (See Figure 12.5 and Figure 12.6) d. All plants shall be soaked thoroughly with water at planting time and once a week (unless soaking rains occur) thereafter during the first growing season. e. All new plant material should meet or exceed the standards set forth in the American Standard for Nursery Stock by the American Association of Nurserymen (AAN) . Parked vehicles may overhang a landscaped area no more than two and one-half (2 1/2) feet, provided curbing or other wheel stops are installed to insure no greater overhang or penetration of the landscaped area. Landscaping, walls, fences, and other material shall be so located as to prevent its damage and/or destruction by overhanging vehicles. The type of landscape material to be used in meeting the requirements of this Article is at the option of the owner or developer but shall be Appropriate for this climate and for the specific location of the plant on the site. Around parking/vehicular use areas, avoid tall shrubs and low branching trees that will restrict visibility. Tables 12.1 through 12. 6 provide a listing of acceptable plant materials which are adapted to the local climate and soil conditions. Use of native plant materials is encouraged. No synthetic plant materials may be used to satisfy the landscaping requirements. At installation, trees shall be not less than six (6) feet tall; with a caliper of three fourths (3/4) to one and one- fourth /1 1/4) inches. Shrubs should not be less than fourteen (14) inches high. Horticulturally and esthetically appropriate earth berms may also be used to contribute to overall required heights. Construction procedures shall be utilized which preserve and replace existing topsoil. The owner or tenant of the property shall be responsible for the continued proper maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly appearance, free from refuse and debris, at all times. All landscaped areas should be provided with a readily available water supply. All unhealthy or dead plant material shall be replaced by the owner or developer within one (1) year of the issuance of the Certificate of Occupancy or by the next planting season, whichever comes first. Orange County shall insure continued maintenance of all landscaping material using the enforcement authority of Article 23 of the Zoning Ordinance of Orange County. , 62 PROPOSED ORDINANCE AMENDMENT ORDINANCE: Zoning Ordinance REFERENCE: Article 7.20.4J - Landscaping and Screening (Mobile Home Parks) ORIGIN OF AMENDMENT: X Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: X High Middle Low Comment: Minor Amendment EXPECTED PUBLIC REARING DATE: May 22, 1989 PURPOSE OF AMENDMENT: To revise the language of Article 7.20.4J of the Zoning Ordinance to be consistent with the proposed amendments to Article 12 regarding screening requirements. IMPACTS/ISSUES: Article 7.20.4.J currently requires a Type A screen within a 100-foot buffer around the boundaries (not rights-of-way) of new mobile home parks. In the proposed amendments to Article 12 (Landscaping and Screening Requirements) , the level of screening contained in a Type B land use buffer is the closest equivalent to the Type A screen described in the existing provisions. The proposed amendment to Article 7 will simply substitute Type B for Type A while maintaining the 100-foot width of the buffer required by Article 7.20.4j. • EXISTING ORDINANCE PROVISIONS: Mobile home spaces must be located at least one hundred (100) feet from any exterior property line which is not a street right-of-way, regardless of the zoning district. The disturbance of land within the one hundred (100) foot buffer is prohibited. Existing vegetation within the one hundred (100) foot buffer must be retained. Additional plantings may be required upon site inspection to satisfy Class "A" screening requirements along the perimeter of the site. (See Article 12 of this Ordinance. ) If there is no existing vegetation, planting will be required within the one hundred (100) 63 foot buffer to satisfy Class "A" screening requirements. In addition to the requirements above, mobile home spaces must be set back from a public street right-of-way a distance which is consistent with the front yard setback requirement of the zoning district in which the mobile home park is located. The disturbance of land and existing vegetation within the setback area is prohibited. Likewise, plantings may be required where no vegetation exists or is of such a sparse nature that an on-site inspection indicates the need for additional plantings. Where required, plantings must meet the standards for a Class "A" screen. PROPOSED AMENDMENT: Mobile home spaces must be located at least one hundred (100) feet from any exterior property line which is not a street right-of-way, regardless of the zoning district. The disturbance of land within the one hundred (100) foot buffer is prohibited. Existing vegetation within the one hundred (100) foot buffer must be retained. Additional plantings may be required upon site inspection to satisfy Type "B" buffer standards along the perimeter of the site. (See Article 12 of this Ordinance. ) If there is no existing vegetation, planting will be required within the one hundred (100) foot buffer to satisfy Type "B" buffer standards. In addition to the requirements above, mobile home spaces must be set back from • a public street right-of-way a distance which is consistent with the front yard setback requirement of the zoning district in which the mobile home park is located. The disturbance of land and existing vegetation within the setback area is prohibited. Likewise, plantings may be required where no vegetation exists or is of such a sparse nature that an on-site inspection indicates the need for additional plantings. Where required, plantings must meet the standards for a Type "B" buffer. dots. I• 64 ORDINANCE REVIEW COMMITTEE: PLANNING BOARD REVIEW: BOCC REVIEW: • • 65 PROPOSED ORDINANCE AMENDMENT ORDINANCE: SUBDIVISION REGULATIONS REFERENCE: SECTION III-B CLASSIFICATION OF SUBDIVISIONS SECTION IV-B-10 CLUSTER SUBDIVISIONS ORIGIN OF AMENDMENT: x Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: High Middle _x_Low Comment: EXPECTED PUBLIC HEARING DATE: May 22, 1989 PURPOSE OF AMENDMENT: To revise the current definition of "minor subdivision", and provide consistency in requirements for major and minor subdivision approvals. IMPACTS/ISSUES: The proposed amendment would allow the creation of four new lots within a two year period through the minor subdivision process. This would allow a greater number of very small subdivisions to be processed in a simplified manner. In addition, the Subdivision Regulations were reviewed for consistency of design standards, and application requirements between major and minor subdivision. Consistency is needed to assure that the minor subdivision process will not be used to avoid compliance with design standards for major subdivisions. Two areas of inconsistency were found. 1. Requirements for dedication of parkland, or payment in lieu of dedication, and 2. Application submittal requirements for cluster subdivisions. Inconsistencies regarding parkland dedication were addressed in a proposal presented for public hearing on February 28. Inconsistencies in submittal requirements for cluster subdivisions are largely of a technical nature, and are included in the proposed amendment (attached) . 66 Section IV-B-10-e specifies design criteria for cluster subdivisions, and refers to "Preliminary Plat" approval. The proposed amendment specifies that the criteria apply also to minor subdivision Final Plats. Similarly, Section IV-B-10-f specifies information to be submitted with an application for cluster subdivisions. The proposed amendment specifies that the requirements pertain to minor as well as major subdivisions. EXISTING AND PROPOSED ORDINANCE PROVISIONS: II/-B. 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. Create more than five 15) lots,. including the residual acreage, from ftay one (1) tract of land in gay twenty-. four (24) month period. (2) Dedicate or improve any new public street other than widening an existing public street; (3) Extend public water and/or sanitary sewerage systems other than laterals• to serve individual lots; and agreement, articles of incorporation and restrictive covenants pertaining to a homeowner's association, and a letter of credit or performance bond; and (4) Major subdivision application fees for Final Plats as established by the Board of Commissioners. 67 IV-B-10-f Application Requirements (For Cluster Subdivisions) In addition to the information specified in Section V-C for Major Subdivision Preliminary Plans or Section V-D for Minor Subdivision Final Plats, applications must be accompanied by: a. Application shall be identified as a Cluster Development Subdivision. b. A precise description of the extent to which the proposed modifications depart from the standard requirements of the applicable zoning district and the reasons for such departures. c. The location, type and area of the common open space and the adequacy of the amount and function of the open space in terms of densities and dwelling types proposed. d. Written site analysis accompanied, by an illustrative site map, which identifies the following: 1. slopes 7 1/2 - 15% 2. slopes 15% and greater 3. vegetation 4. significant stands of trees 5. significant examples of a particular species of tree occurring in a native stand and specimen trees (those which have departed in some respect from the standard characteristics of the species and developed a character of shape, size or branch structure that gives them a special interest 6. drainage and waterways 7. floodplains 8. significant rock outcroppings 9. significant scenic vistas 10. soils with limitation for on-site wastewater systems and building development e. The manner in which the plan makes adequate provision for water and wastewater treatment. f. The relationship of the plan to the physical environment, the neighborhood in which it is proposed to be established and the intent of- the- provisions providing for the establishment of a cluster subdivision. • 68 IV7B-10-e Approval of Maior Subdivision Preliminary Plan or Minor Subdivision Final Plat (For Cluster Subdivisions) An approved major subdivision preliminary plan or minor subdivision Final Plat shall provide for a total environment better than that which could be achieved under standard regulations and must meet the following criteria: (a) Individual lots, buildings and streets shall be designed and situated to minimize alteration of the natural site features to be preserved. (b) The usability of cluster open/recreation space shall be determined by the size, shape, topographic and location requirements specified in Section IV-B-7-b. (c) Cluster open space shall include irreplaceable natural features such as, but not limited to, streams, significant stands of trees, individual trees of significant size and/or species, uncommon plant communities, wildlife habitats and rock outcroppings. (d) Cluster recreation space shall be easily accessible to pedestrians, including the handicapped. (e) The suitability of cluster open space intended for scenic value shall be determined by its visibility from adjoining properties and streets and shall seek to lessen the area devoted to motor vehicle access. (f) Diversity and originality in lot layout shall be encouraged to achieve the best possible relationship between the land and the development. (g) Up to one-fourth of the land with slopes greater than fifteen percent (15%) may be removed or altered only when such slopes are small and isolated and do not otherwise adversely affect the design of the development. (h) At least twenty percent (20%) of the gross land area is designated as common open space. No more than fifty percent (50%) of the required common open space shall be used exclusively for sewage treatment systems, vtilitiesi - or other uses which' prohibit access by the residents of the cluster subdivision. This restriction does not apply to areas of historic or natural significance which may be protected by access restrictions. ********************************** ORDINANCE REVIEW SUBCOMM/TTEE: PLANNING BOARD REVIEW: BOCC REVIEW: ORANGE COUNTY BOARD OF COMMISSIONERS Action Ag da ACTION AGENDA ITEM ABSTRACT Item No. Meeting Date: May 1, 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: March 20, 1989 - Joint Meeting with the Town of Hillsborough March 21, 1989 - 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. • OATH FOR BOARD OF EQUALIZATION AND REVIEW I, Don Willhoit, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as a member of the Board of Equalization and Review of Orange County, North Carolina, and that I will not allow my actions as a member of the Board of Equalization and Review to be influenced by personal or political friendships or obligations, so help me God. 1/, (Signature) • &4LJg erk of Board) OATH FOR BOARD OF EQUALIZATION AND REVIEW I, Moses Carey Jr. , do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as a member of the Board of Equalization and Review of Orange County, North Carolina, and that I will not allow my actions as a member of the Board of Equalization and Review to be influenced by personal or political friendships or obligations, so help me God. 4th / (Signature) r 4„&„40-,; (.4t4e (Clerk of Board) OATH FOR BOARD OF EQUALIZATION AND REVIEW I, John Hartwell, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as a member of the Board of Equalization and Review of Orange County, North Carolina, and that I will not allow my actions as a member of the Board of Equalization and Review to be influenced by personal or political friendships or obligations, so help me God. /14.4_,L _e// (Signature) / Or 24e444, ~ (Clerk of Board) „,„ OATH FOR BOARD OF EQUALIZATION AND REVIEW I, Shirley Marshall, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as a member of the Board of Equalization and Review of Orange County, North Carolina, and that I will not allow my actions as a member of the Board of Equalization and Review to be influenced by personal or political friendships or obligations, so help me God. '°' :ignature) 48°4.41 1..04 (Clerk of Board) OATH FOR BOARD OF EQUALIZATION AND REVIEW I, Stephen Halkiotis, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as a member of the Board of Equalization and Review of Orange County, North Carolina, and that I will not allow my actions as a member of the Board of Equalization and Review to be influenced by personal or political friendships or obligations; so help me God. 1 ArAi,a4 g ( ig ature) f --al (Clerk of Board)