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HomeMy WebLinkAboutAgenda - 05-22-1989 • ORANGE COUNTY BOARD OF COMMISSIONERS AND ORANGE COUNTY PLANNING BOARD AGENDA JOINT PUBLIC HEARING MONDAY, MAY 22, 1989 7:30 P.M. SUPERIOR COURTROOM - ORANGE COUNTY COURTHOUSE (NEW) 106 EAST MARGARET LANE • HILLSBOROUGH, NORTH CAROLINA • A. BOARD COMMENTS B. AUDIENCE COMMENTS 1. Matters on the printed agenda (If anyone wishes to speak to matters on the agenda, we would appreciate you signing the pad ahead of time so that you are not overlooked.) 2. Matterq Ant gn the printed agenda • C. 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 member to Ieave 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. PUBLIC HEARING Note: A public hearing is required on each item in accordance with N.C. General Statutes. Following conclusion of the public hearing on items D-1-a and 'D-1-b, the Board of Commissioners may take action on the proposals. All other items Page are to be referred to the Planning Board for recommendation. 1. Assignment of House Numbers 009 a. Rural Route 10 - Chapel Hill 015 b. Rural Route 8 - Hillsborough 2. Comprehensive Plan Amendments 021 a. LUP-7-89 Philip Scott (Rural Residential to 10-Year Transition) 039 b. LUP-8-89 Land Use Element Text (Section 2.0 County-Wide Profile/Section 3.0 Land Use Plan) 047 c. LUP-9-89 Land Use Element Map (Protected Watershed Overlay) 3. Zoning Atlas Amendments 047 a. Z-5.89 PW-II Protected Watershed Overlay 069 b. Z-6-89 Thomas Whisnant/Gary Phillips • Page 2 3. Zoning Atlas Amendments (Continued) 095 c. PD-1-89 McLennan's Farm 4. Zoning Ordinance Text Amendments 139 a. Article 12 - Landscaping & Screening Requirements 139 b. Article 7.20.4J Mobile Home Parks (Landscaping & Screening Requirements) S. Subdivision Regulations Text Amendments 167 a. Section III-B - Subdivision Classification 167 b. Section IV-B-10 - Cluster Subdiivisions E. ADJOURNMENT Note: The Planning Board will prepare its recommendation no sooner than June 19, 1989. The Board of Commissioners will consider the items for decision no sooner than August 1, 1989. 113=1113Mumn 010 83= 00 9 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 221 1989 Action Agenda Item # t -1-a__ SUBJECT: ASSIGNMENT OF HOUSE AND BUILDING NUMBERS (RURAL ROUTE 10 - CHAPEL HILL) DEPARTMENT: PLANNING PUBLIC HEARING x Yes No ATTACHMENT(S) : INFORMATION CONTACT: Don Powell G.S. 153A-240 Location Map Notification Letter TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To receive citizen comment on proposed house and building numbers to be assigned to Rural Route 10 in the County, served by the Chapel Hill Post Office. BACKGROUND: Per an agreement reached between Orange County and the Chapel Hill Post Office, all rural box numbers are being converted to house. numbers in the area of Orange County served by the Chapel Hill Post Office. The conversion is a continuation of the project begun in 1987 to change all County addresses to permanently assigned house numbers. To date, eleven (11) Rural Routes have been converted (Chapel Hill routes 1,2,5,8,11,13 and 15; Rougemont routes 2 and 3; Hurdle Mills route 1; and Hillsborough route 1) . 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, Pussycat Lane, Blueberry Lane, Gait Way and Bridle Spur; moving counterclockwise south of White Cross along Butler Road and White Cross Road to Old Greensboro Road, and including Brightside Drive; moving eastward along Old Greensboro Road to Carl H Durham Road, and including In dian Camp Road, Heron Pond Road, Edwards Drive, Foxfire Drive and Ford Road; then northward along Butler Road to Hwy 54, proceeding • 10 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 Latta Drive. The eastern boundary of route 10 abuts Chapel Hill route 4, from Old Greensboro Road northward past Marion's Ford. General Statute 153A-240 requires that a Public Hearing be held on the proposed house and building numbers to be assigned. Notices have been sent to all affected residents and, posted in the Courthouse and two other public places within the proposed area. A Planning Board recommendation is not required on the proposed house and building numbers, and the Commissioners may approve the assigned numbers following the conclusion of the hearing. RECOMMENDATION: Approval of the proposed house and building numbers, followed by notification of the Chapel Hill Postmaster and the N.C. Department of Transportation, as required by G.S. 153A-240. • § 153A-236 CH. 153A. COUNTIES § 153A-240 1 1 cil, set the duties of any person appointed or designated as a fire prevention inspector. A fire prevention inspector shall not make electrical inspections unless he is qualified to do so under G.S. 153A-351. (1965,c. 626; 1969,c.1061. s. 3; 1973, c. 822, s. 1.) • §§ 153A-236 to 153A-238: Reserved for future codification purposes. ARTICLE 12. Roads and Bridges. § I53A-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 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 Transports. tion, unless the Board of Transportation agrees; (2) Change the number assigned to the road by the Board of Transporia- 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 road in the vicinity. other public ro .Y 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 lest 10 days before the day of the hearing, the board of commissioners shall cause notice of the time, place, j 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 tht 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 be 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; 1.973,c. 507, s. 5; c. 822, s. 1; 1981, cc. 112, 518.) Local Modification. — Brunswick: 1979. been substituted for"State Highway Commi 2nd Sess., c. 1319: Cabarrus: 1981. c. 568, sion" and for"Commission's in this section amending 1979. 2nd Sess.. c. 1319; Forsyth: enacted by Session Laws 1973,c. 822. 1981,c.558;Guilford: 1979,c. 283. Effect of Amendments. — The first 19:1 Editor's Note.—Pursuant to Session Laws amendment substituted"at the County Coun• rd of Transportation"has house, in at least two public places in tF� Boa r� 19 73 c.507,s.5, Po 78 1 ,).. i • ' -1"r-m°14 Ik'4144\11\\LWAt•t- -.4° IV:fik SI ‘41'Z' ` 12 , ,v_. ,10:* \ lik 'more4„„tits 1 j , w i. .1'.4NSVP:\‘‘'''''t 1 4LA ......16 V , N.1-746 . .. R ..... U i �" ... w Llik''..t7 a .1.'a A x* 4."" . • '- - ' 4104111,la VANN II* . 1 la " 4:.....4111&.. lentiV..13, ‘glii 7 i .. ir. . .. . . . ' -i. .,,, Itt...._ _• \,.. . . /• 11. 4 4t£•'•�' f. 1 -ter • I r / - .. � �` � � , RID%v."- r.r �". Yr • '• } ..r yam, .r �C+ . -lc'?wawa ��.• a.. p.a. a .f iW .a�.• ..r Mc •� �"'� .ir �� ��� ������, - z•,.. .... it " 0,...••■•4117" 0. Mb. V ‘ \ L, , . ram' :-.-" AXiS w •„- ' ', :` ;/ . �i a. rri,;. ...001 „....I.4 v 7• ,...„.. ;,.. .. • k T_f .m. 11°64• ... . its J 6 .° -. ,!S. -. 1�-I� • UN • r ,„,. ..: - /1 aft _.• _ ' '6"4".”N°11 co osk'11 :04: les,.� ,lam w �r .t 1 mad ti • r lylk N .,.. .6 ),....." .% *.• 64 / i'... 1\ e . . v_, _ -....‘,,.. . -; J' as ur ■ rr. I !'`�+ �►� rt w •; at ilsi sa1�.• a.... }+`4 0 ..1. r •�:1- �' lZ... Zug- f ,�� ..+.c",°%-. -,,r f... ..... . ..•.;. - . • � 1''.�►\ll .- '°'ms's :•` s' s r r ''••\ ::•: .01\4,...‘,. It r• .'14....'''''.114'''V'.:::". k‘ IR - �;` - if ; Q,x . : �� �. 0'1..• � Completed• vivik ` ;.. � 'VAS ■ , tiF•�:i wa nt �� >�. /j . RR 10,Chapel Hill 0. 1 j:,..-xt '". ; • • ORANGE COUNTY PLANNING DEPARTMENT 13 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 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. Chapel Hill Rural Route 10 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 10 served by the Chapel Hill Post Office on Estes Drive. 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. Collins Planning Director ORANGE C O U N T Y ' 15 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: Mav 22. 1989. Action Agenda Item #3,-L- b SUBJECT: ASSIGNMENT OF HOUSE AND BUILDING NUMBERS, (RURAL ROUTE 8 -- HILLSBOROUGH) DEPARTMENT: PLANNING PUBLIC HEARING x Yes No ATTACBMENT(S) : INFORMATION CONTACT: Don Powell G.S. 153A-240 Location Map Notification Letter TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill -- 967-9251 PURPOSE: To receive citizen comment on proposed house and building numbers to be assigned to Rural Route 8 in the County, served by the Hillsborough Post Office. BACKGROUND: Per an agreement reached between Orange County and the U.S. Postal Service, all rural box numbers are being converted to house numbers in the area of Orange County served by the Hillsborough Post Office. The conversion is. a continuation of the project begun in 1987 to change all County addresses to permanently .assigned house numbers. To date, eleven (11) Rural Routes have been converted (Chapel Hill routes 1,2,5,8,11,13 and 15; Rougemont routes 2 and 3; Hurdle Mills route 1; and Hillsborough route 1) . Route 8, Hillsborough encompasses an area from a point on New Sharon Church Road, moving northeastward from Walker Road to Schley Road, including Buck Quarter 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 Ebenezer Church Road to the Durham County line, including Buck Quarter Farm Road and Lipscomb Grove Church Road; then north along Bivins Road from the county line across St. Mary's Road, northward along ilL , Terry Road for approximately one and one-half miles, and including De].vin Lane, Redwine Drive and St. Mary's Woods Subdivision. General Statute 153A-240 requires that a Public Hearing be held on the proposed house and building numbers to be assigned. Notices have been sent to all affected residents and posted in the Courthouse and two other public places within the proposed area. A Planning Board recommendation is not required on the proposed house and building numbers, and the Commissioners may approve the assigned numbers following the conclusion of the hearing. RECOMMENDATION: Approval of the proposed house and building numbers, followed by notification of the Hillsborough Postmaster and the N.C. Department of Transportation, as required by G.S. 153A-240. CH. 153A.COUNTIES ' § 153A-24U 17 I • 153A-236 '' .L cil, set the duties of any person appointed or designated as a fire prevention inspector. A fire prevention inspector shall not make electrical inspecticrn unless he is qualified to do so unaer G.S. 153A-351. (1965, c.626; 1969,c. 1064. 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 Transport.-- 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 lean 10 days before the day of the hearing, the board of commissioners shall cau1e 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: 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 . _ is (1957, c. 1068; ,973,c t_ 195 1 . ( 1953, streets in h anna o , naming s name P 1..03,wnuh pertains to g 507, s. 5; c. 822, s. 1; 1981, cc. 112, 515.) • Local Modification. -- Brunswick: 1979, been substituted for"State Highway Co:an1 . 2nd Sess., c. 1319; Cabarrus: 1981. c. 568. sion" and for"Commission" in this section amending 1979. 2nd Sess.. c. 1319; Forsyth: enacted by Session Laws 1973.c. 822. 1961,c.558; Guilforc'. 1979. c. 283. Effect of Amendments. — The first 15! Editor's Note.—Pursuant to Session Laws amendment substituted "at the County Cr.'oo 1973,c.507.s.5,"Board of Transportation"has house, in at least two public places in tL, • 78 - 1 poi. i r• •t ! a •Zti)\i;A4 �C\ `•j`I � ~ ~_``• - . �F ' Mali \ ' ..z `?. `1 ♦ 1i N ' .° °7 /- Tip• N.•. �ao i •• . , . ,„4. 4 1\1 e i: tr 'kV odo.A\ a R...,„ . . ,,,,,, . . 41,Its,,,,, ,s It 00°4 _ VIM\ i..‘ i� _� r 'T 1 y `r • H f o wy •.. %r !��1 6 r r. , \ I ..1 " ' ....\ 44) 9:16i.-----4- ft.- ur. I b. gm.eon • • • ... • • ..* • • ' Mk 7•411 ‘Si ARS * 7""Ak. Al \ "•‘; ',\IC.6*--:**114 LN tf;5. ; 4•Yit 444444114 4,4 Axis ) h V= i I ilsb.r u � t YM' • •.* 4 MO WS I ea •"••••••.;,,,„ *K. l• "V %am . 4410 ,*. •4. - -. 4 ,_----r.. ...., .. le . u, 344, 4 \ ‘,..4.. ... — ,.. ,,,•,,,t,zu ..... 7 8"" \/.. 41"..e ) ... • ff i s t• : '' •;.. •.•• ‘,, ,I 4 ii, ; WV :5:frj, • .. 1 ,.,..74,..1. .. k , i, / ... ......„, ii,„... _ ,.... , , _ , _______ . • . . ;•., ,w .,,! .:., ki, -,,,,,,,,, _.,., ., .. .,„ , ., • ‘IIR i)► F >> y �� g-'r. _ � : : Completed - " '. t611\ •• ; \Itle4 ?..4 kW., _ 4*...4**.:4"*/ ‘.. k. 1' �,�� \ , ,� j ,. ::::' RR $ Hillsborough•4 • Get / `J rt .1 ik."...". ‘‘ \‘ \t,:: —1).: l• iN.4 : ....,,,_, - i.. =,:‘ a..., ; c pi r p .' ."� ♦j C O 0 N 11 • ORANGE COUNTY PLANNING DEPARTMENT 19 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 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. Collins Planning Director • 21. ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA ITEM ABSTRACT Meeting Date: May 22, 1989 Action Agenda Item #2)-2-4, SUBJECT: LUP-7-89 PHILIP SCOTT DEPARTMENT: Planning PUBLIC REARING: _X_Yes No ATTACHMENT(S) : INFORMATION CONTACT: - Applicant letter 2/23/89 David Stancil -Extension 566 - Minutes of 2/27/89 Public Hearing - Application Materials - Property owner letter TELEPHONE NUMBERS: - Analysis of amendment proposal Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To receive public comment on a proposed amendment to the Land Use Element of the Comprehensive Plan. BACKGROUND: The property proposed for amendment is located west of Rigsbee Road and University Station Road in Chapel Hill Township. The site is further identified as lots 13B and 13C of Chapel Hill Township, Tax Map 3. The two lots have an aggregate acreage of 21.58 acres. Neither of the lots have access to a public road, and the smaller of the two (lot 13B) comprises 1.58 acres of land completely surrounded by a larger tract in different ownership. This area is currently zoned R-1 Residential and is designated as Rural Residential on the Land Use Element of the Comprehensive Plan. The proposed amendment to the plan would reclassify these sites to the 10-Year Transition plan category. This amendment would apply to the Chapel Hill Township component of the Plan. The applicant and property owner, Philip Scott, has requested that his property be redesignated to Ten Year Transition, the category currently proposed for the adjacent 575 acres owned by University Station Associates (LUP-3-89) . Mr. Scott submitted a letter to the Board of Commissioners at the February 27, 1989 public hearing which requested that his land be included as part of 22 the University Station proposal. He was informed that the application deadline had passed, and that he might pursue a land use plan amendment on the May hearing cycle. An analysis of the proposed amendment and its compliance with applicable criteria is attached. RECOMMENDATION: The Planning Staff recommends approval of the proposed amendment to the Land Use Element of the Comprehensive Plan. 3 Post Office Box 2021 Durham, NC 27702 February 17, 1989 Mr. Marvin Collins Orange County Planning Department 306F Revere Road Hillsborough, NC 2 7278 Dear Mr. Collins: I am in receipt of your recent notice nnouncing a University hearing scheduled for February 28, 1989, ha Station Associates' request for re-designation from Rural Residential to the 10-year Transition Plan will be heard. The attached map shows two parcels of land I own in Chapel Lill Township, 13-B and 13-C, one surrounded by and the other contiguous with the property under re-designation consideration. One of my parcels was already included in the master site plan you received for the University Station proposal, and other would-be developers as well have indicated they want both pieces. Whatever the outcome not opposed to the request before of that negoiations I am writing to state you providing • 1) that both of my parcels receive concurrent re-designation to the 10-Year Transition Plan; and, 2) that this request for same be entered into the record for consideration at the time of your Feburary 28 meeting. Please be advised that I am on call (at 286-0521), to file appli- cation fee or to fulfill any other requirements you may deem ne- - cessary for concurrent processing of my request. My thanks to you, and your Planners, to Mr. Carey and each of the Commission- ers for your fair and equal consideration in this matter. • - Very truly yours, Pha/: iPhilip D. Scott Attachment Copy to Orange County Commissioners % Mr. Moses Carey • • ORANGE COUNTY PLANNING DEPARTMENT , 274 , 306F REVERE ROAD HILLSBOROUGH. NORTH CAROLINA 27278 - February 23, 1989 Mr. Philip D. Scott P.O. Box 2021 Durham, NC 27702 Dear Mr. Scott; - Thank you for your recent visit with myself and Gene Bell of the Planning Department. Unfortunately, in response to your letter of February 17, 1989, it will not be possible to consider your request for Comprehensive Plan amendment at this time, as the application deadline for consideration at the, February 27, 1989 public hearing has passed. Your request that tracts in your ownership adjacent to the University Station amendment be included in that amendment has been duly noted and logged, and a copy of your letter is being forwarded to both the Board of Commissioners and Planning Board. Although the deadline has passed for consideration of your request, you may submit an application for amendment to the. Land Use Element on the next review cycle. The next deadline for submittal of a plan amendment is April 7, 1989. Submittal by this date would place your request on the May 22, 1989 public hearing agenda, with review by the Planning Board scheduled for June 19, 1989 and a possible decision by the Board of County Commissioners on July 10, 1989 (please see attached schedule) . If we may be of further assistance in this matter, please do not hesitate to contact me at 688-7331. Sincer44y, . P.064; P. David Stencil Comprehensive Planner Ii cc: Ma..vin Collins Planning Director Gene Bell Comprehensive Planner III, 25 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 `%;.;■="% LAND USE PLAN AMENDMENT APPLICATION • Al]. persons requesting an amendment to the Land Use Plan of Orange County are required to complete the following application as completely as possible: .14.•ftet.. OFFICE USE ONLY REOUEST *LUP-J DATE, RECEIVED:, \PR 7119801 STAFF PERSON(S) RESPONSIBLE: GENERAL DATA: Property Owner(s) Name: PH P 5COTt Mailing Address: Phone: (Home) 7- 8 6-0 5;2-1 (Work) q .72.331- Agent(s) Name: 5A VOPN•MIN■•moomo■NMINNO■ I Mailing Address: it Phone: SPECIFIC DATA: 13 Tax Reference: Townshipe HA pa. gt L Tax Map, 3 Block Lot jC. Public/Private Road Name: • 7. 0 A SESE. /16 1. Acia Tar ) Lot Size: Acreage Zi•L5-8 4--A.oo AG -- Square Footage R4002-4.8 • Lot Frontage HOVE. Lot Depth / 57,0.24 656T Current Plan Category Designation(s) : GeneralRURP1/4L. Es IDE lin AL- Activity Node Watershed Joint Planning Area • 26 R.EOUEST 1LUP- _ SPECIFIC DATA (continued) : Describe Land Uses in the General Are. a:RURACREZTOJT/AIL—R7YR:MPiti51710A.) On Adjacent Parcels of Land: 1?ORP.1_, RE5i27Eit,177AL IEOUEST: and Use Plan Category Designation(s) Requested: -Titk, YEN2,- KA ISS In 0AI Type of Amendment: Primary Secondary X $* * * * * •* * * * * * * 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. )( 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. (We) , the undersigned, certify that all statements furnished in this implication are true and to the best of my (our) knowledge and that the pplication as submitted is complete. • • Rut_tp Sin-r-r- NAME OF APPLICANT SIGNATURE OF APPLICANT(S) APRIL 7 lereq DATE • 27 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 Mr. Collins: I am writing to request amendment to the Chapel Rill 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 qua%lfy the primary amendment also des- cribe the subject property (as 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- i • ti f • 28 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 yearn 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.. mart' 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,?40. With the opening of 1-40 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, • • ef:07.„„_,,v___„—• Philip D. Scott, Owner • • Attachments • CHAc'e.L H t.4 t17Ls euSH,p /'?AP 3 Lars /3Q 13C. • • • • • 29 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 might-of-way of State Road 1721; and thence S uth 6 32' 45" West 327.63 feet to an iron; thence North 83 30° West 60.0 feet to a point; thence North 60 32' 45" East 335.45 feet to a point in the southern edge of the 4. .' right-of-way of State Road 1721 South 76° 04' 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 .properta line of the tract hereinbefore conveyed, thence South 6 32' 45" 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 .$f 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' 44" 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.- 7 ORANGE COUNTY PLANNING DEPARTMENT 30 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 CERTIFICATE OF MAILING COMPREHENSIVE FLAN/ZONING ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA I, Marvin Collins, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that on or about May 5, 1989, I mailed, by first class mail, a Notice of Public Hearing to be held on proposed revisions to the Orange County Comprehensive Plan and the Orange County Zoning Atlas. The notice was mailed to each property owner as required by Article 20, Section 20.6.3, and Article 2, Section 2.2.14.3, of the Orange County Zoning Ordinance, and specified the date, time, place, and subject of the public hearing. WITNESS my hand, this 18th day of May, 1989. Kit.flAtiAzio 0612CIAD Marvin Collins Zoning Officer I ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 272783 1 MAY 5, 1989 Dear Property Owner: The enclosed legal notice. is being sent to you because you are listed as owning property within five hundred (500) feet of an area being considered for amendment to the Land Use Element of the Orange County Comprehensive Plan. The amendment is referenced as LUP-7-89, and has been submitted by Mr. Philip Scott. This amendment is listed as item #1 under. LAND USE ELEMENT OF THE COMPREHENSIVE PLAN on page two of the attached notice. On that notice information concerning the proposal can be found. A property map of the two lots proposed for amendment is shown on the back of this letter. As can be seen on the map, this property is adjacent to land that is currently being considered for another plan amendment (LUP-3-89, University Station Associates) . Please be informed and a public hearing on this d other matters will be held on May 22, 1989 at the Orange County Courthouse, 7:30 p.m. If you have questions about what is being proposed, please call the Planning Department weekdays from 8:00 a.m. until 5:00 p.m. at 732-8181 (Hillsborough exchange) ; 688-7331 (Durham exchange) ; 967-9251 (Chapel Hill exchange) or 227- 2031 (Mebane/Alamance County exchange) . Ask for David Stancil at Extension 566 or Gene Bell at Extension 565. 4471:X:"..1.:1/4 ..• . . 4".........'"N\ ..c vs,.4 . ,.i, •••%. *C1.1:.at 4 '. ‘'''''''A'. ;- I ..*'N'N. ....-..p • `,,. ,.1.• if,. • r. •. 1 ; . 1Y ‘ . -may• `**0 •� 1 ' %.;',6M 1 .r vim •C ....to. ' r 1 ".�' - 1 • I 1 .. r F ••1'�•�j-•t Aim 1 II ,.- • ,. 6 1 i •• 1 .9 4:1 1 1 , i �-•. Old N.C. 10 1 1 1 1. te" Kr•+, 1 r 1 z° M 1•' IV .3 fir► 0 I e 1 .o»K ..s t tc • e-- ...r r `-M• . •' .. .. :' '/ •...�•».. •....� .5 1, , b• - I . N Jiro-N M .. 0 or i 1+ ;• •L3• O '"" • ►tK .M 1 •YN b .O � • . • • M.NO•i I v ' •�' N •1 f'"fix..t.,~ _ .. =ss-< ._ w.0 c _i-m v{ O ` 1 aza •r Orddi //'may r. .e S• f • §9% .:. 1`•`` 01" f —1"-.• - /8 . — . . 1 -V 1 •. w . \. '9 ' m -- ,-- a . • - ... , --- C+ • - � s. .. ! ra..e » LUP _. _. ; -� . _..--. .-- :.----- /...,•— -7-89 Philip Scott .N.. .71; K - % ///� Philip Scott Request 1 r _ l • t 1 . University Station 1 e Ate• • y iiiii Property (LUP-3-89) 1 i �+ I •• j 1 .w i' . I RURAL RESIDENTIAL to ' »w� TEN YEAR TRANSITION III 1 ...---- •• (i.} i Q • 1. = 1000 feet 4/21/89 1 J^!∎•`• o...e 1 1• • 33 MEMORANDUM TO: ORANGE COUNTY MANAGER ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD FROM: DAVID STANCIL, COMPREHENSIVE PLANNER II RE: LUP-7-89, PHILIP SCOTT Analysis of proposed Comprehensive Plan Amendment DATE: MAY 5, 1989 GENERAL DESCRIPTION The property in question is composed of two non- contiguous lots south and west of University Station Road and Rigsbee Road in Chapel Hill Township. The lots are further referenced as lots 13B and 13C of Chapel Hill Township Tax Map 3. The total acreage of these two lots is 21.58 acres. Both of the lots in question are landlocked, with no access to either Rigsbee Road or University Station Road. Both lots are adjacent to land recently redesignated in the Land Use Element of the Comprehensive Plan as Ten Year Transition (LUP-3-89, University Station Associates) . The smaller of the two lots (lot 13B) is completely surrounded by land owned by the aforementioned University Station Associates. The property is currently zoned R-1 and is designated as Rural Residential on the Land Use Element of the Comprehensive Plan. The applicant and property owner, Mr. Philip Scott, is proposing that his two lots be redesignated Ten Year Transition on the Chapel Hill Township component of the Land Use Element. The applicant originally asked for consideration of such a change as part of the University Station proposal (LUP-3- 89) at the February 27, 1989 public hearing. He was informed that this was not possible at that time, and has now submitted his request for the May 22, 1989 public hearing. APPLICATION REQUIREMENTS Application requirements for a Comprehensive Plan amendment are contained in Articles 2 and 20 of the Zoning Ordinance. Listed below are the requirements, and Planning Staff analysis of information supplied by the applicant (shown in bold) . 1 . 3 i 1. Article 2.2.14 states the reasons for which the Comprehensive Plan may be amended. a. Because of changed or changing conditions in a particular area of areas of the County; The applicant has cited the changing nature of this and adjacent properties as a rationale for amendment to the Plan. The applicant further points to the recent approval of the University Station Associates plan amendment to the identical category, the rapid population growth in Chapel Hill Township, and the opening of 1-40 as evidence of changing conditions. b. To correct an error or omission in the Comprehensive Plan; (No error or omission has been cited. ) c. In response to a change in policies, objectives, principles or standards governing the physical development of the County. (No such changes has been cited. ) 2. Article 2.2.14.2 differentiates between principal and secondary amendments. Upon review, it has been determined that the amendment in question falls into the category of a secondary amendment. Secondary amendments include: a. The expansion of an activity node where the additional area is contiguous to an existing node and does not increase its land area by more than ten (10) acres; (This provision is not applicable) . ' b. The expansion of a designated plan area where the additional area is contiguous to the existing plan designation and does not increase its land area by more than one hundred (100) acres; This amendment would expand the recently designated Ten Year Transition area applied to University Station Associates by 21.58 acres. The proposed amendment is contiguous to the existing Ten Year Transition area for 1560 feet along the larger of the two tracts'. western boundary. The smaller tract is 2 35 completely surrounded by the Ten Year Transition designation. c. A correction of an error or omission; (No error or omission has been cited.) d. Revisions to any factual or descriptive material. (This provision is not applicable. ) 3. Article 20.3.2 also requires the submission of the following information: a. A fully-dimensioned map at a scale of not less than one hundred (100) feet to the inch showing the land which would be covered by the proposed amendment, and a legal description of the land. The applicant has provided the map and legal description. b. The manner in which the proposed amendment will carry out the intent and purpose of the adopted Comprehensive Plan. The applicant contends that this amendment would carry out the intent and purpose of the Plan since it lies within an area designated by the Town of Hillsborough as being within its Future Service Area, and an area that has seen a number of new residential developments over the past 20 years. The applicant also bases his contention on the fact that many of the same attributes that made Ten Year Transition a correct designation for the previous University Station Associates amendment are present also for his proposed amendment. Lastly, the applicant does make mention of possible consideration for Planning Unit Development allowing a more comprehensive approach to development of the area. COMPARISON WITH LOCATIONAL STANDARDS In an analysis of a Comprehensive Plan amendment, the requested designation is evaluated for compatibility with the applicable Locational Criteria in Section 3.4 of the Land Use Element of the Comprehensive Plan. In the section below, COLLIES means that the area being evaluated is compatible with the locational critieria. DOES NOT COMPLY means that it is not compatible. Additional explanation is provided where the response is not clear-cut. 3 36 10-Year Transition Criteria Land Slope. No significant slope or topography problems that would unreasonable increase the cost of extending water and sewer lines. COMPLIES. This property does not contain any areas of steep slope, and therefore would not pose difficulty in extending utility lines. Hydrology. Located outside of 100-year flood-prone areas as identified by the U.S. Corps of Engineers. COMPLIES. There are no such areas located on the subject property, or in close proximity. Flora and Fauna. Located away from Sites that would, if developed, create a threat to unique or endangered species as identified by the State or Federal government. I COMPLIES. No sites of unique or endangered species are identified within one mile of the property in question. Soil conditions.. Located in areas where general soil conditions are suitable for urban uses because of good drainage characteristics and load-bearing capacity for site development. COMPLIES. The predominant soil type found on these lots are that of the Georgeville soil type, which are conducive to development and do not pose drainage problems. Public Services/Utilities Located in areas which are or could be reasonably and efficiently served by centralized public services and utilities. COMPLIES. This site does not have either municipal water or sewer service at present. The closest current service are . water lines located on E.C. 10 in the Strayhorn Hills development. However, the area is within the Town of Hillsborough's Future Service Area, and the Town has agreed in principle to serve the adjacent property (University Station) with utility service. This future proximity will make extension of service reasonably simple. Transportation System Located in areas that have very good road access, as well as service by rail lines. These areas should have the most complete transportation network in the County's planning jurisdiction. 4 37 Y p QUESTIONABLE. The two lots contained in this proposed amendment are landlocked and do not have access to any public road. Located nearby are Rigsbee Road, a small local road with no outlet; and University Station Road, a collector road. There are interchanges with 1-85 and 1-40 within three miles of the site, however, and the existing transportation network of roads in the vicinity is adequate. While the site does not have any access, it could achieve access through a access easement, or participation with the adjacent University Station property - something which the applicant has expressed an interest in doing. Energy Use. Located within less than a 5-minute commuting time from small-scale commercial uses, and a 5-10 minute commute to major commercial uses or an urban area. • COMPLIES. The area is located within five minutes of small urban uses at NC 86/1-85 or US 70/I-85 intersections near the Durham County line. A number of urban areas are within a 10- minute drive. Existing Land Use Located in areas which are in transition from rural or low- density uses to urban or higher density uses. COMPLIES. There have been a number of new residential developments in the past 20 years in. some proximity of this site. Furthermore, the recently-approved plan category for adjacent University Station is designed for the introduction of more suburban or urban uses. However, the predominant surrounding land use is still rural to suburban residential, with mixed agricultural uses. A case can be made, however, that the introduction of Interstate 40 and future utility services from the Town of Hillsborough will precipitate new suburban development in the area. . Agriculture and Forestry • Located away. from areas where development would have a detrimental impact on productive agricultural uses and managed forest land. COMPLIES. The applicant cites the present hardwood cover as evidence that the land is not and has not recently been 'll actively farmed or forested. Applicant does state that some foresting methods were applied 30-40 years ago to enhance the landscape for building sites. There are no active agriculture or forestry areas in such proximity where 'develo ent of this xY P Y Pm site would ose a negative impact. P 9' P Population Density Located in areas of moderate to high population density. 5 3S r QUESTIONABLE. Again, the current situation does not yield a population density near the standards spelled out. However, the imminent introduction of moderate to higher density land use on adjacent land, and the Town of Hillsborough's plans for future utility service, make the prospect of meeting this criteria good. Historic and Cultural Located away from areas where development would have a detrimental impact on State or Federally-acknowledged historic/Cultural sites or county-identified areas of Public Interest. • • COMPLIES. There are no sites of historic/cultural interest 'within close proximity 'to this site. The closest County- identified area of Public Interest is Duke Forest, .located over one and one-half miles to the west. AGENCY COMMENTS No agency comments have been received to date. RECOMMENDATION This amendment proposal is recommended for approval by staff. The reasons for this positive recommendation are as. follows: 1) The applicant's contention that the area is in transition from rural," agricultural land use to a more suburban land use appears to be consistent with recent activities in the area. As stated in the staff recommendation for the recent University Station amendment, there are "significant examples of transition away from rural ' agricultural uses in the area to low and moderate density residential uses, and the proposed location of a new elementary school at New Hope Church Road and N.C. 86 is further testimony to that fact. While the densities of nearby developments may not be of an urban nature, they are also not of a rural nature. The pattern of suburban devlopment appears to be the preferred option in this section of the County, , with lot sizes that may utilize urban services at a lower overall density. One new subdivision (Windy Sill Farms) is located directly across University Station Road from the subject property. 'As the County's population continues to grow at a relatively fast clip, it is likely that this corridor between Chapel Hill, 1-40, Durham and 1-85 will continue to see strong development pressures. • 6 • • Lse / /' f7 � " -,-r'°' 'Q 4/4ieedfroye.... 33 143 ,., 2) The proposed amendment complies with nine of eleven locational criteria, and may potentially comply with all eleven. No additional adverse environmental impacts are foreseen through the inclusion of these 21.58 acres into the Transition Area. By its very nature, this proposal is directly and inevitably related to the recent University Station amendment. The applicant had originally . asked that his property be included in the deliberations of that earlier proposal, but was unable to do so because of time constraints. The applicant understands the relationship between his 21-acre proposal and the 575-acre transition area that now surrounds one of his lots and borders another. The possibility of cooperation between the two property owners for a joint planned unit development does exist, but would be up to the discretion of the property owners themselves. 3) The Town of Hillsborough's designation of a Future Utility Service Area has a great deal of bearing on the staff recommendation. Transition Area designations in the Plan are premised upon the future availability of utility service. The Town has agreed in principle to serve the planned 575-acre adjacent development with water and sewer lines. The current proposed amendment falls into this future service area as well, and it appears that there are no constraints that would inhibit the placement of such lines in the future to serve this property. While this area is on the fringe of Hillsborough's future service area, staff recognizes that it is the policy of many municipalities to extend urban services in one of two manners. First, many municipalities provide service in an incremental basis, expanding their service area in contiguous "rings" outside the core of the community. The second method, used by many fast-growing towns, is to expand its service area significantly as the market dictates. This method might find a municipality extending its services substantially in only one direction where growth is rapidly occurring, and then adopting a policy of infill to fill in the gaps in service areas before implementing another extension of service. It appears that the Town of Hillsborough, like many historically-small towns under rapid development pressure, opts for the second method. k 7 39 ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA ITEM ABSTRACT Meeting Date: May 22, 1989 Action Agenda Item #1)-2-b SUBJECT: LUP-8-89 TEXT AMENDMENTS TO LAND USE ELEMENT DEPARTMENT: Planning PUBLIC HEARING: _X_Yes No ATTACHMENT(S) : INFORMATION CONTACT: David Stancil - Extension 566 - Executive Summary of proposed text amendments - Proposed Text Changes TELEPHONE NUMBERS: (Separate enclosure) Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To receive public comment on proposed text amendments to the Land Use Element of the Comprehensive Plan. BACKGROUND: The Land Use Element of the Comprehensive Plan was adopted by the Orange County Board of Commissioners on September 2, 1981. Since that time, a number of amendments have been approved to both the Land Use Plan Maps and the text of the individual Township Components of the Land Use Element. However, a number of sections in the document dealing with the County as a whole have not been updated during the past eight years. This amendment is geared specifically to rectify this situation. The updates to the text proposed by staff do not deal with policy or procedural changes. Specifically, the sections of the Land Use Element that this amendment would update are as follows: Section 2.0, County-Wide Profile. This section contains subsections dealing with issues such as natural environment, water resources, and population projections that have changed considerably since the 1981 writing. Section 3.0-3.5, Land Use Plan. Only those sections that are in need of revision due to changed conditions will be dealt with here. 4,0 Because of the number of pages with text changes (100+), the proposed amendments have been provided as a separate enclosure. An executive summary of the proposed amendment is provided in lieu of the actual changes with this agenda abstract. RECOMMENDATION: The Planning Staff recommends approval of the proposed amendments to the text of the Land Use Element of the Comprehensive Plan. 41 ORANGE COUNTY PLANNING DEPARTMENT EXECUTIVE SUMMARY TO: ORANGE COUNTY PLANNING. BOARD FROM: COMPREHENSIVE PLANNING DIVISION RE: UPDATES TO THE LAND USE ELEMENT, COMPREHENSIVE PLAN DATE: MAY 12, 1989 One item to be heard at the May 22, 1989 public hearing concerns updates to the Orange County Comprehensive Plan, Land Use Element. This document was originally titled the Orange County and Use Plan and adopted in 1981. This item would amend the Land Use Element (name changed in 1988) to update sections in the overall County-wide Plan that have not been updated since the adoption date (from 1986-1988, the township components of the document were updated) . A number of changes in the land area covered by the document (Joint Planning Area) , and in the supporting data contained within have occurred since 1981, and this amendment would address those. The purpose of this summary is to provide information as to what sections are proposed for update, and why. Because of the size of producing the total amendment (100+ pages) , and the ongoing review of proposed changes, this document is provided in lieu of the actual amendments themselves. The Planning Board is scheduled to consider the proposed changes on June 19, 1989 for recommendation. It should be mentioned that no changes in policy or procedure are being addressed at this time. This amendment serves only to update sections that contain data that is no longer applicable, or obsolete. As a final note staff, after due consideration, recommends a major overhaul of the Land Use Element in 1991, which would mark 10 years of existence. This timeline would be beneficial because of 1) changing conditions in possible need of new policies and goals, 2) expected Geographic Information Service capabilities at that time for enhanced graphics and data, and 3) new 1990 Census data scheduled to become available in 1991. The following sections will address each of the sections of the Land Use Element, and summarize the proposed changes at this time in each. 1 42 COVER Change to reflect name change and possibly change in graphics. TABLE OF CONTENTS Changes as applicable in page numbers. PREFACE No changes are proposed to this section. SECTION 1.1 . . .ORANGE COUNTY LAND USE PLANNING PROCESS The only changes would occur at end of section, with added paragraphs charting course of changes in plan since 1979, including name change and Township component updates. SECTION 2.O. . .COUNTY-WIDE PLAN • SECTION 2.1. . .PURPOSE Changes would be made to reflect addition of Transportation Element, and its interrelatedness with the Land Use Element. SECTION 2.2. . .NATURAL ENVIRONMENT Proposed changes to this section are numerous, and deal primarily with natural systems, private and public responsibility of protecting the environment, multiplier effects of development, references to the now-completed Cane Creek Reservoir, and deletion or rewriting of subsection regarding UNIQUE CULTURAL AND NATURAL FEATURES to reflect more recent documents and sites. SECTION 2.3. . .WATER RESOURCES Again, this section also has substantial changes proposed. Reference would be made to new data on the county's population growth and also to Orange's County's situation as a "headwaters county" , with limited water resources. This section would be further amended to add data on Cane Creek reservoir (its completion and new data on supply and demand) . Paragraphs are also added to reflect the interconnecting pipelines that now exist, and updates the Town of Hillsborough subsection to reference new data of service area and population, as well as new water supply sources and recent decisions regarding reservoir sites. The subsection on Orange-Alamance Water Systems would also be updated in a similar manner. Further mention would be added on the potential use of Jordan Lake as a water supply source, and allocations made by the state for this source. Other changes would find paragraphs on health hazards, watershed designations, and substantial addition (3.5 pages) updating the 2 43• subsection on Water Resources Planning in Orange County with actions of the Water Resources Task Force since 1979. SECTION 2.4. . .EXISTING LAND USE AND INFRASTRUCTURE Updates to this section would deal primarily with new population and geographic data and sources. Obsolete sections dealing with 1979 statistics are deleted and rewritten, and new information on development trends- in the 1980's is added throughout. Further updates include new population growth data for each township, mention of the Joint Planning Area, and Cane Creek Reservoir. SECTION 2.5. . .AGRICULTURE IN ORANGE COUNTY Changes to this section are not substantial. Passages are changed to reflect population changes, the Rural Character Study and updated statistics where available. SECTION 2.6. . .TRANSPORTATION No major changes are planned for this section. However, strategic mention is made up front of the 1988 realignment of the Orange County Comprehensive Plan into elements, and the designation of the Transportation Element as separate, but related, to the Land Use Element. Language to this effect is included, and the section is changed to a description of road classifications and interrelatedness of the two elements of the plan. SECTION 2.7. . .ENERGY USE No changes are proposed to this section SECTION 2.8. . .POPULATION This section contains numerous changes throughout that would update the 1979 and 1980 Census data used and replace it with 1987 population data, where available. Sections have also been rewritten on development trends and average annual growth rates reflecting changes in both spatial and aspatial population growth since 1980. Changes reflecting the County's positive in-migration rate are also added, as well as substantial updates with new data. A new set of population projections are also substituted for the 1979 version in the document. SECTION 2.9. . .EMPLOYMENT This section would remain basically as is, with added new data on labor force characteristics. Tables within this section contain data that is outdated, but cannot be accurately updated until 1991. Other changes include new unemployment data and a new per capita income level. 3 • 44 SECTION 3.0. . .LAND USE PLAN SECTION 3.1. . .PURPOSE AND STRUCTURE OF THE PLAN The first change in the this section would change the title to "Land Use Element" and "Purpose and Structure of the Land Use Element" . Proposed amendment to this section would go on to describe the realignment of the Comprehensive Plan into Elements in 1988. SECTION 3.2. . .BASIC CONCEPTS The only changes to this section would again change "Land Use Plan" references to "Land Use Element" . SECTION 3.3. . .LAND USE PLAN CATEGORIES Besides the constant change to "Land Use Element" , this section would be amended to reflect three new plan categories: "Resource Protection Areas", "Agricultural Areas" , and "Extractive Uses", which came into use during the Township component updates. Definitions of these categories would be added. SECTION 3.4. . .LOCAT/ONAL CRITERIA Similar to the previous section, locational criteria has been formulated for the three new plan categories now in existence. No changes to existing criteria are proposed other than changes to reflect designations on the 1987 Joint Planning Land Use Plan, or changes reflecting Land Use "Element" . SECTION 3.5. . .LAND USE GOALS AND DRAFT POLICIES No changes in policy or goals are addressed. Changes are made to delete obsolete phrases, reference the Joint Planning Land Use Plan, and correct items that have been previously amended during the township component update. 4 ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD 45 HILLSBOROUGH, NORTH CAROLINA 27278 -I CERTIFICATE OF MAILING COMPREHENSIVE PLAN/ZONING ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA I, Marvin Collins, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that on or about May 5, 1989, I mailed, by first class mail, a Notice of Public Hearing to be held on proposed revisions to the Orange County Comprehensive Plan and the Orange County Zoning Atlas. The notice was mailed to each property owner as required by Article 20, Section 20.6.3, and Article 2, Section 2.2.14.3, of the Orange County Zoning Ordinance, and specified the date, time, place, and subject of the public hearing. WITNESS my hand, this 18th day of May, 1989. 1/644Ahti, 6120;AD Marvin Collins Zoning Officer • • 47 ORANGE COUNTY BOARD OF COUNTY COIISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: M.. ay 22,, 1989 Action Agenda Item SUBJECT: LUP-9-89 LAND USE ELEMENT AMENDMENT Z-5-89 ZONING ATLAS AMENDMENT (DESIGNATION OF PW-II WATERSHED OVERLAY - UPPER ENO WATERSHED) DEPARTMENT: PLANNING PUBLIC HEARING x Yes No ATTAC (S) : INFORMATION CONTACT: Mary Scearbo Extension 347 Location Map PW-II Overlay Requirements List of Affected Parcels TELEPHONE NUMBERS: Letters sent with Public Hillsborough - 732-8181 Hearing Notice Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To receive public comment on a proposal to add a portion of the southeast corner of the Upper Eno Watershed to the PWII Protected Watershed Overlay District and delineate the complete boundary of the Upper Eno Watershed on the Land Use Element. BACKGROUND: It was recently discovered that the southeast portion of the Upper Eno Watershed is not properly delineated on the Zoning Atlas and Land Use Element. The area in question is at the junction of four (4) townships. It appears that the watershed boundary lines were not properly connected when the maps were prepared. Approximately 238 parcels are affected by the proposed changes. Zoning of the cross-hatched area within Cheeks, Bingham and Chapel Hill Townships (see attached map) should include the PW-II Protected Watershed Overlay. The underlying zoning in the affected area includes AR (Agricultural Residential) , Rl (Rural Residential) , and a small amount of Rural Buffer. 1 48 ' The Land Use Element maps for Hillsborough and Chapel Hill Townships must also be amended to include the boundary of the Upper Eno Watershed. There is no change to the Land Use Element plan designation proposed at this time. The requirements of the PWII Protected Watershed • Overlay district are attached. A buffer of 50 feet is required adjacent to all perenial streams. Impervious surface is limited to 12 percent of the total lot area. Commericial land uses require a minimum lot size of 80,000 square feet. Light industrial uses which are not major water users are permitted with a minimum lot size of 200,000 square feet. RECOMMENDATION: The Planning Staff recommends approval of the proposed amendment to the Land Use Element and Zoning Atlas. us E pLAN . ,..,..e..„ . .ii... 44rlo,..,.i.aP...:.' 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' '7 P.-1 P.:!:t-4 It 0.1 C3 • , • ' • :Ii, ..4 ua 4 az La Id.4 ill P- ' Ci , .. 1 , 2! C2 cl.EL La 3 Ca E CL C3 P. ' La . . 1 1 1 1 2!0 I- . . • . . Z I W . • • . 1 ,171....) -I . r4 C ! ..„, ! 4 ta la Ell • -4 el .in • • . • ' I 1: • . _1 C4 CV Cd Cd CU CO V, 4 • • W i • • ..' Ld . i. . . . . . .... . 1.. . . , , i •I a U. . . - . .0, or-... 4.., . l . O ix ,w4,i.4..•v4 w4.4'4 . 't . . , • I ,C .4 • : • I ei r': • L. _ • . : a. e,.. p..•ri.N.P.:,••.•f,..c.:TA.-•' ,...J • ' . . • I• . 0, ! 1 . • 4 • . . .. . . ..... ..- , . 1 . ...... - ORANGE COUNTY PLANNING DEPARTMENT 57 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 L . 4• p;:t Ai=g CERTIFICATE OF MAILING COMPREHENSIVE PLAN/ZONING ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA I, Marvin Collins, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that on or about May 5, 1989, I mailed, by first class mail, a Notice of Public Hearing to be held on proposed revisions to the Orange. County Comprehensive Plan and the Orange County Zonina Atlas. The notice was mailed to each property owner as required by Article 20, Section 20.6.3, and Article 2, Section 2.2.14.3, of the Orange County Zoning Ordinance, and specified the date, time, place, and subject of the public hearing. WITNESS my hand, this 18th day of May, 1989. VACLULAzio aalLAD Marvin Collins Zoning Officer 560/ ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD r HILLSBOROUGH, NORTH CAROLINA 27278 rt e"S May 5, 1989 Dear Property Owner: You have been sent the attached Notice of Public Hearing because you own property within 500' of property proposed to be rezoned to the PWII Protected Watershed Zoning Overlay and/or changed to the Resource Protection Area Designation in the Land Use Element of the Comprehensive Plan. A map also accompanies the notice so that you may see where the affected areas are located. The proposed changes to the Zoning Atlas and Land Use Element of the Comprehensive Plan will, not affect the minimum lot size or the uses permitted. They only extend the boundaries of the Protected Watershed Zoning . Overlay and/or Resource Protection Area Designation, in the Land Use Element of the Comprehensive Plan. Additional requirements of the PWII overlay include stream buffers and limitations on the amount of impervious surface. The area in question is at the corner of four (4) Townships (Bingham, Chapel Hill, Hillsborough, and Cheeks) . It was recently discovered by staff of the Planning Department that the Zoning Districts and Land Use Element of the Comprehensive Plan Designation boundaries do not connect properly between the four townships. The proposed changes will correct the discrepancies. Please call Mary Scearbo (extension 347) or David Stencil (extension 566) if you have any additional questions. • • ORANGE COUNTY PLANNING DEPARTMENT 59 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 `r M i1 ww iawJt w; May 5, 1989 Dear Property Owner: You have been, sent the attached Notice of Public Hearing because you own property proposed to be rezoned to the PWII Protected Watershed Zoning Overlay and/or changed to the Resource Protection Area Designation in the Land Use Element of the Comprehensive Plan. A map also accompanies the notice so that you may see where the affected areas are located. The proposed changes to the Zoning Atlas and Land Use Element of the Comprehensive. Plan will not affect the minimum lot size or the uses permitted. They only extend the boundaries of the Protected Watershed Zoning Overlay and/or Resource Protection Area Designation in the Land Use Element of the Comprehensive Plan. Additional requirements of the PWII overlay include stream buffers and limitations on the amount of impervious surface. The area in question is at the corner of four (4) Townships (Bingham, Chapel Hill, Hillsborough, and Cheeks) . It was recently discovered by staff of the Planning Department that the Zoning Districts and Land Use Element of the Comprehensive Plan Designation boundaries do not connect properly between 'the four townships. The proposed changes will correct the discrepancies. Please call Mary Scearbo (extension 347) or David Stancil (extension 566) if you have any additional questions. ,II • ORANGE COUNTY PLANNING DEPARTMENT 60 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 ef I P' 0.1*7 +4;0 if •■‘4' May 9, 1989 Dear Property Owner: The purpose of this letter is to clarify a previous letter we sent you concerning proposed changes, to the Zoning Atlas and Land Use Plan (another copy of the first letter also is attached for your convenience) . All of the references to the Protected Watershed Zoning Overlay are correct. The proposed change to the Land Use Element of the Comprehensive Plan, however, will merely delineate the boundary of the Upper Eno Watershed. The Plan Designation is not proposed to be changed to Resource Protection Area, as is stated in the earlier letter. Please call Mary Scearbo or David Stancil at 732-8181, extension 347 if you have any additional questions. 61 simra 111 *6.23 Extra Requirements, for Protected Watershed *Amended Districts (PW-II', 7-6-82 . mia ill *6.23. 1 Stream Buffers Required in Protected Watersheds Within the Protected Watershed District, an area of mak land along perennial streams shall be required to remain in its natural state, unless the area is subject to serious erosion, in which case an F erosion resistant vegetative cover shall be mil ill established and maintained. Perennial streams are those streams in solid blue on the USGS Quadrangle map for Orange County. Ill a) Width 2f Buffer Calculated ‘111;0 The stream buffer area shall start at the outer ill edge of flood plain and be measured a distance of fifty (50) feet away from the floodplain plus an additional distance depending on the slope near the willii stream. The slope shall be calculated by measuring ill a distance 250 feet from the center of the stream, determining the average rise in elevation and multiplying that value by four. This value shall 1 ill be added to the minimum buffer of 50 feet to determine total width of buffer area required. The 1 imii ill maximum buffer in any case shall not exceed 150 feet. The floodplain is defined in the Orange County Flood Damage Prevention Ordinance, by special survey by registered engineers or 1 visa surveyors, by the alluvial soil as designated in III the Orange County soils survey, or through a site analysis by the Orange County Planning Staff. Slope shall be determined from the USGS Quadrangle II , map, by onsite measurements, or by special survey by registered engineers or surveyors. ' 1 b) Development Advisory Committee's Reiiew 21 Stream •Buffevi The Development Advisory Committee, established in 1 Iii Article 2.4.2, can review the buffer requirements for all developments and may recommend additional buffer area where necessary. c) PerTitted Uses. Within Stream Buffer Areas 111 The following uses are allowed as matter of right in stream buffers. All other uses are prohibited. 1. Above ground and buried utility lines for local distribution of electricity, telephone, and cable' television service, accessory and appurtenant apparatus such as poles, guy wires, transformers Ai 6-26 (k' I and switching g boxes. 2. Bona fide farms, except any use of farm property for non-farm purposes. 3. Neighborhood utility facilities located within a public right-of-way (State, City or Town) . 4. public and private streets, bridges, and railroad rights-of-way. Where it is necessary to construct streets, bridges, and railroad lines across buffer areas, they shall enter and exit the area so nearly perpendicular to it as possible. IP IP I! 1! I! I! I! . 1! II Il II 6-26-a 1! i a Amended d) - . ., = • -.d._AA--'AZI O€...Minimum ze i7 -6-82 Requirements Stream buffers may be used as part of the required lot area or lot size for residential and non-residential developments . e) fallt&E3$_Vgggtatton In Buffer_ Areas Existing forested areas or any healthy vegetation cannot be removed from a stream buffer, except where replaced 1 with vegetation resulting in comparable stormwater runoff velocity and quantity one year after planting . f) . f - , _ $eouired New vegetation shall be planted to capture non-source il pollutants before they reach the perennial stream, as per applicable Orange County Standards . 6 .23 .2 Reserved ' II 6 .23 .3 Reserved e6 .23 .4 Impervious Surface Regulated in PDQt,ected Wa AD *Amended 11-20-84 An impervious surface is a surface composed of any 11-19-85 material which impedes or prevents the natural 1-7 -86 infiltration of water into the soil . Such surfaces shall include any concrete or asphalt surface . These would include , but not be limited to , streets and II parking areas , sidewalks , patios and structures which cover the land . As a watershed becomes developed the amount of impervious surface increases causing a II decrease in soil absorption of stormwater runoff and an increase in direct runoff to streams and other water bodies . resulting in an increase in potential water il pollution . In order to promote infiltration of stormwater runoff, into the soil and to minimize direct and immediate li runoff into streams and water supply impoundments , impervious surface ratios shall be required as provided in the Table of Impervious Surface Ratios Section 1 6 .23 .4. Modifications of the Impervious Surface Ratios may be requested , however , as a Class A Special Use in accordance with the provisions of Section 8 of this Ordinance. In no case shall a modification be granted for property located in a designated Water Quality Critical Area , and no modification granted under the provisions of Section 8 shall exceed the ratios established in Section 6 .23 .4 for the Protected Watershed (PW-II) District by more than five percent (5%) . • 0 6_�7 Impervious surface calculations for an individual development shall be cumulative for original • construction and any subsequent additions and /I calculations of impervious surface coverage for individual lots shall include that portion of a right- of-way between the center line of the street and the /I abutting property. line of the lot . • • • • • IP IP I! • IP • • • • If • I! 6-28 • • il 4 ' 65 *Amended *6.23 .4 MAXIMUM IMPERVIOUS SURFACE RATIOS 11-19-85 10-05-87 il ZONING DISTRICT MCA PWIK PWII (PUBLIC WATER/SEWER (PUBLIC WATER/SEWER UNAVAILABLE) AVAILABLE) RB 6 .0% 12.0% 30.0% II AR 6.0% 12.0% 30.0% iii R-1 6.0% 12.0% 30.0% R-2 6 .0% 12.0% 30.0% il R-3 6.0% 12.0% 30 .0% R-4 6.0% 12.0% 30.0% il R-5 6.0% 12.0% 30.0% R-8 6.0% 12.0% 30.0% all MI R-13 6 .0% 12.0% 30.0% LC1 NA 12.0% 30.0% all NC2 NA 12.0% 30.0% CC3 NA 12.0% 30 .0% GC4 NA 12.0% 30.0% EC5 6.0% 12.0% 30.0% OI NA 12.0% 30.0% EI 6.0% 12.0% 30.0% I-1 NA 12.0% 30.0% 1-2 NA NA NA Iii 1-3 NA NA NA lil AS 6.0% 12.0% 30.0% ED NA 12.0$ 30.0% PID 6.0% 12.0% 30.0% Y - NA = Uses permitted in these districts are not permitted in the Protected Watershed-II or Water Quality Critical Area overlay zoning districts. 6-29 6l) *8 .23.5 Minimum o Si R The minimum lot size for a commercial use in the feet . Amended Protected Watershed District shall be 80,000 square . 10/ 11=19-85 The minimum Lot size for en industrial use shall be 11-20-84 200,000 square feet . The minimum residential Lot size shall be determined by the wastewater treatment system applicable . 6 .23.8 Industrial Development Regulated, Amended 11/20/84 To assure compatible industrial development in the Protected Watershed II (PW—II) District only Light industrial uses characterized as low water. users and not using , producing , storing, consuming or discharging amounts of hazardous . and toxic substances in excess of the amounts specified in the EPA Listings are. permittad. No industrial uses shall be permitted in the portions of the PW—II District designated as Water Quality Critical Area. 10 6 .23 .7 I : ti •n • f _ Fi • 1/2 in of Runo from Impervious Surfaces Amended 11/19/85 IP Stormwater runoff from impervious surfaces generally carry Large amounts of oil, nutrients , metals, bacteria IP and other pollutants. The amount of such pollutants in stormwater runoff is closely associated with the Land use from which it originates . An important determinant of water quality is the increase in impervious surfaces IP which prevent the natural infiltration of water into the soil. Most of the pollutant concentration is carried in the "first flush" of runoff. To control this pollutant Load within the Protected Watershed—II district the first one half—inch (1/2") of runoff from all impervious surfaces in new developments shall be controlled . The purpose of the stormweter control measure is to reduce off site effects by minimizing clearing , compaction and overall site disturbance, while maximizing vegetated areas for stormweter infiltration . Methods to accomplish this standard shall include, in order of preference: a. on—site, infiltration through the retention of undisturbed, vegetated areas b . structural or engineered infiltration measures , such as trenches or retention ponds, which reduce the amount- of runoff c . detention structures that reduce the rate of runoff. 6-30 6 Pi Areas to which the standard applies shall include individual Lots or a new development as a whole . If applied to a development as a whole, the applicant must provide for installation and maintenance of proposed stormwater management facilities . Applicants shall be required to submit documentation which indicates compliance with the specified standard. An individual lot of 80,000 square feet or more in size created by deed or plat in accordance with Orange County Subdivision Regulations prior to the adoption of this provision shall be exempt from this requirement upon submittal of a site plan which demonstrates that the development of the property is in accordance with the intent of this provision to minimize overall site disturbance; maximize maintenance of vegetated areas for stormwater infiltration ; and protect critical drainageways and waterways from direct runoff impacts . 6 .23.8 Percentage of Undisturbed Are Reou_Latect Amended 11/20/84 va Soils which are seriously disturbed, even if revegetated , can generate nearly as much runoff as paved areas . Within Protected Watershed II districts at a minimum of the amount of undisturbed area necessary to meet impervious surface requirements provided in 6 .24.6 shall remain undisturbed during the construction process . The area to remain undisturbed shall include those portions of the lot which are most environmentally sensitive eg . highly erodible soils, steep slopes, floodplains, as well as those portions of the lot utilized for stormwater infiltration . ALL clearing limits shall be clearly marked and observed . However, no less than 50% of a lot used for non-residential purposes shall remain undisturbed . 6 .24 Ex : R: • .m:n s F. W: : r Q c • i Ar. . - Amended 20/84 6 .24.1 M' • S' : R. • : t . • Amended 11/19/85 The minimum sidential lot size in Water Quality Critical Areas eh- _ l be -80,000 square feet . Commercial and industrial uses - a not permitted. 6 .24.2 Str. . 0 : r- Re. . ' - • tl, : C - • Ar= = s jil Amended 11/20/84 Within the Water Quality Critical ea , an area of Land along perennial and intermittent s , earns shall be required to remain in its natural state, • less the area is subject to serious erosion in which c- = e erosion resistant improvements to the vegetative cover - . all be established and maintained . Perennial streams are hose 6-31 w�' ti ORANGE COUNTY BOARD OF COMMISSIONERS 69 ACTION AGENDA ITEM ABSTRACT Meeting Date: May 22, 1989 Action Agenda Item # 'p_ SUBJECT: Z-6-89 - THOMAS S. WHISNANT & R. GARY PHILLIPS - REZONING DEPARTMENT: PLANNING PUBLIC HEARING xYes x_No ATTA (S): INFORMATION CONTACT Eddie Kirk Application for Rezoning Statement of Justification Agency Comments Area Proposed for Rezone Certificate of Mailing TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251 PURPOSE: To receive public comment concerning a rezoning request submitted by Thomas S. Whisnant and R. Gary' Phillips. BACKGROUND: 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 of the 9.49 acre tract. The area to. be rezoned is 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: 1. One acre, located at the southwest corner of the tract, fronting on Hwy. 54, proposed to be rezoned from Rural Residential (R-1) to Neighborhood Commercial (NC-2); 2. .65 acres on the southeast corner of the tract, fronting NC 54, and directly across from White Cross Road, proposed to be rezoned from R-1 to LC-1; and y , r 3. 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) . The property is located within the BH-2 Rural Community . Activity Node as designated in the Comprehensive Plan. The Comprehensive Plan states that the LC-1 zone may be applied to no more than 5.0 acres within an activity node of rural population density. At present there are 2 acres within the node in the LC-1 zone, thus a maximum of an additional 3 acres may be zoned LC-1. The applicant is proposing 1. 65 acres to be rezoned to LC-1. Letters have been submitted from the Orange County Sheriff's Department, Orange County EMS, and Orange Grove Fire Department indicating that services can be provided. The applicant has indicated there is a septic disposal system existing on the property proposed to be zoned LC-1. The rezoning request would leave approximately 6.84 acres of the total lot zoned Rural Residential. RECOMMENDATION: The Planning Staff recommends approval of the rezoning request. • ORANGE COUNTY, NORTH CAROLINA 4 APPLICATION FOR CHANGE OF ZONING DISTRICT r1- April 4 , 1989 Date: TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make application to change the Zoning Atlas of Orange County as hereinafter requested . 1 . The property is located on the NORTH side of S.R.# .„IW' 54 ( Street/Road) between S .R.# 1951 and S.R.#, 1952 It is known as Lot(s) 8.��, Block 0 , of Orange •County Tax Map 30 - BINGHAM Township . It has a frontage of 458. 06 feet end a depth of 904 _ R0 feet , end contains 414,452.69 square feet or 9.49 acres. (area in application to be rezoned is 1 . 65 acres) 2. It is desired end requested that the foregoing property be rezoned from R-1 • to LC-1 . 3.. The .folL.owing information has bean . attached • .in _ support of the application for changing the Zoning Atlas Is - required on all applications) . _ _�•- _. �.... •s. A fully d/aspsioned sap at a scale of not Less than ins (11 inch equals one—hundred (1001 test nor more than one (11 inch equals twenty' (201 feat ' showing' the land which le proposed to be rezoned. *b. A Legal description of the lend proposed to be rezoned. •c. A statement of justification addressing one or more of the following: (1) alleged emendmsnt .with eny, which would be corrected by the detailed explanation of such error in the Zoning AtLae end detailed reasons how the proposed amendment will correct the error. (21 The changed or changing conditions, If any, in the area or in the County generally, whloh melts the proposed amendment reasonably necessary to the promotion of the public health, cetesy end general welfare. out •(71 the intent rand purpose tof the pad pted monde/ant Land Use l ryPlaneorpert thereof. •(41 All other elrcu■etencee, rectors end reasons which the applicant offers, in support of the propossd *sandman% Including, but not limited to, documentation from service agencies (e.g. fire, police, rescue end utilities ■genties) assuring services provision ;epebiLtty to the development. O. A List of all individuals, firms or corporations owning property adjoining or within five hundred (5001 feet of the .property sozghS 4fot t3 9ruzoning Is attached. The list Is current as of Instal I certify that ell information furnished in this application is accurate to the best of my knowledge. , THOMAS S. WHISNANT R. GARY PHILLIPS „pplicant( s) :��� 116 E MA N ST Address: 116 E. MAIN ST. 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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 S. 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. ,-) • • Fast 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 . These 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 1.65 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 • ,-x 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 rezoning. 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. • • / I • . ' __.., C .. S 77 :2,:2„._14",..L—..–........--..--- .. ,, . +43f.06• r f: • rw i..I W�m M !- • : 8 ac , o r w 6. •0• - .iw r . • iYl : s ^ Y . • AMP • a N • 'o 2: m N. .= Ri r ° - ■N. - S T7•12.44'E 4g•.Oi'_ .*, N.,, 1 1 �` i r m di • �• +xr ' (7 v0i•Si y 0 q•. .- d .. .1%,.....ti ..... I J :: K C j. X , • • • al...... wi ' f1O F" 0 Z N o n to m 40 0 .• ° : �`'`~- • w of - m M 511/. W i , �. a h..6 a: '� W O w S a M • Ili I i • • 0 6 ti:-' s �.+•"• ii e h m C A , acri.refe r). ../t ,,. ,• 1 ton cgo., Ira . : f.: . 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"i• • .---------• z ........,.. ; • : •:•••N ■.......... ••■■ **. .. t ....................*'.."•"21 "..."..'.*-..''''.-.".".. • ..... ........ . . 82 • • LEGAL DESCRIPTION OF 1 .OgEApitOPERTY CURRENTLY WHITE CROSS SCHOOL MOVED TO THE WESTERN SIDE OF TH • • E AT A POINT ON THE NORTHEN RIGHT OF WAY OF HWY #54 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' 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 #54 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) • • • • I ' 3 • LEGAL DESCRIPTION OF 1 . 65 ACRE AREA PROPOSED TO BE ZONED TO LC-1 AT WHITE CROSS SCHOOL IN ORANGE COUNTY, N.C. BEGINNING AT A POINT ON THE NORTHERN RIGHT OF WAY OF HWY #54 AND THE SOUTHEAST CORNER OF THE EXISTING COMMERCIAL PROPERTY. THENCE; N 16°05 '00" 251 . 80 ' TO A POINT 310' FROM THE CENTER LINE OF HWY #54 THENCE; IN AN EASTERN DIRECTION WITH A CURVE TO THE LEFT WITH A RADIUS OF 3396.00' A DISTANCE OF 287 .09' TO A POINT 310' FROM THE CENTER LINE OF HWY #54 AND ON THE WESTERN PROPERTY LINE OF LOT 1 OF THE BENNIE DURHAM SUBD. 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ISR L.4s1.55. o 3 R• el, • ------1 1 . 1 al , iot pi. ..' 7s To CP"b°4 il 0 0.V) ■•• W a 1 5 4":o.......... z N. c. t.tiG14 ' S so we 1...........110 IMF.110■••■••■•••IP....... - ,------ 2 ■ ...--- . N 7 1• 12' 44.- rt 455.0i' . • —--•---------t -.- -— -----4-- ....--- t, ....----- ...--- • . . . ' . . ,00111111110.■••=*••••■■ IIIIIIIIIIIIMMo onoww•■•••001101.•■■•• I . -'.• 4 F THOMAS S. WHISRIA&T �" 1 . R. GARY PHILLIPS ! / 726 •• 4Z z - 4 - s9 t\ i !� /10 AC V . � f 53. 4AC •. T S , r I� 7A 3362 . i 1.5X. • . . . • WHITE g • • 2989 R NC-a TO TO LC-1 R ► • •LC -I V . NC-2. -f- - _ _ .53PC. "•�.,,,` 1 1 1"' - -=== •56t 2. ACT -.=- ._...----2C13 . 1 - 0 - . . . oppigo.... ......;.'. ....."."°""'"' 3 �5' � 20 . • . . ' • .NI;..% r 1 5554 . . ", ,g AC. I nC • •--�- WH�1TE CROSS 4t t _ 7 .r ROAD • 1 . 3207 -- 86 , r ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 4if - MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD FROM: ORANGE COUNTY PLANNING DEPARTMENT • DATE: MAY 2, 1989 SUBJECT: Z-4-89 THOMAS S. WHISNANT & R. GARY PHILLIPS GENERAL INFORMATION Applicant: Thomas S. Whisnant & R. Gary Phillips 116 E. Main Street Carrboro, NC 27510 Location: North side of NC 54 just west of White Cross Road (SR 1952) . Lot size: 9.49 acres in total lot, 1.00 acre requested to be rezoned from R-1 to NC-2, 1.00 acre to be rezoned from NC-2 to LC-1, and . 65 acres to be rezoned from R-1 to LC-1. Existing Land Use: Old school presently being used for a commercial use. Surrounding Land Use: North - Residential land with 6 houses zoned R-1. East - Vacant commercial land zoned LC-1. South - NC 54, undeveloped property zoned AR, and a small lot zoned NC-2 at the southwest corner of the intersection with White Cross Road. West - Undeveloped land zoned R-1. Land Use Plan Designation: Rural Residential and Rural Community Activity Node Zoning: The property is presently zoned Rural Residential and NC-2. 87 MEMORANDUM 2-4-89 THOMAS S. WHISNANT & R. GARY PHILLIPS MAY 2, 1989 PAGE 2 The intent of the Local Commercial-I (LC-1) District is provided in Article 4.2 . 8 of the Zoning Ordinance. a) Intent The purpose of the Local. Commercial-I (LC-1) District is to provide appropriately located and sized sites for limited commercial uses designed to serve a population at the neighborhood and rural level with convenience goods and personal services. . Performance standards will be used to insure the absence of adverse impacts beyond the immediate space occupied by the building. b) Application Criteria This district will usually be applied where the following conditions exist: 1. Site is located within areas designated by the adopted Comprehensive Plan as either a Commercial Transition Activity Node, a Rural Commercial Activity Node or a Rural Neighborhood Activity Node. 2. Uses would serve a market area population confined to the immediate area and would generally not serve commuters or persons outside the surrounding neighborhood. 3. Lot size for individual uses shall be appropriate to the method of water supply and sewage disposal. 4. Normally, the maximum amount of land zoned LC- 1 at any node shall not exceed nine acres, but 5 acres shall apply in rural areas where population density is lower and distributed more widely than in the Transition area. Acreage limitations shall not apply to property zoned Existing Commercial-V (EC-5) or planned developments. 5. All sites designated LC-1 shall. have direct access to a street classified either as an arterial or collector as designated by the adopted Comprehensive Plan. 7 88 MEMORANDUM Z-4-89 THOMAS S. WHISNANT & R. GARY PHILLIPS MAY 2, 1989 PAGE 3 The following is a list of permitted uses in LC-1: H1 Day Nursery, Daycare, Private Kindergarten H2 Single-Family dwelling w/wb efficiency apartment H3 Two-Family dwelling H5 Dwelling; Mobile Home H6 Family Care Home H8 Rehabilitative Care Facility Accessory Uses P2 Botanical Gardens P4 Bus Passenger Shelter P7 Church P8 Community Center PI4 Public & Non-Profit Parks P21 Schools: Dance, Art and Music P24 Governmental Facilities & Office Buildings P25 Water and Sanitary Sewer Pumping Stations 54 Assembly Facility Less than 300 S6 Banks and Financial Institutions S7 Beauty and.Barber Shops S8 Clubs or Lodges S15 Health Services: Under 10,000 sq. ft. S21 Laundry and Dry Cleaning Services S22 Libraries S26 Motor Vehicle Services Stations S28 Offices and Personal Services That Attract Few Customers or Clients on Premises Other Than Employees, Generate Low Traffic Volumes, Have No Adverse Impacts Beyond the Space Occupied by the Building s35 Recreational Facilities: Golf Club S37 Repair Service Electronic & Appliance S42 Retail Trade, Sales, & Rental of Convenience Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond Immediate Space Occupied By The Building Where: A) Operations Are Designed to Attract & Serve Few Customers Or Clients On Premises Other Than Employees Of The Principal Use. B) Low Volume Traffic Generation (0-200 Trips/Day) C) All Operations Entirely Within A Fully Enclosed Building With No Outside Storage S45 Retail Trade, Sales, & Rental of Durable Goods, Merchandise & Equipment Where No Adverse Impacts Occur Beyond The Immediate Space Occupied By The Building Where: A) Operations Designed To Attract & Serve Few Customers Or Clients On Premise Other Than Employees of the Principle Use. • 81) MEMORANDUM Z-4-89 THOMAS S. WHISNANT & R. GARY PHILLIPS MAY 2, 1989 PAGE 4 B) Low Volume Traffic Generation (0-200 Trips/Day) C) All Operations Within A Fully Enclosed Building & No Storage Or Display of Goods Outside A Fully Enclosed Building The following uses are allowed with a Class A Special Use Permit: P16 Public Utility Stations and Sub-stations,. Switching Stations, Telephone Exchanges, Water and Sewage Treatment Plants The following uses are allowed with a Class B Special Use Permit: H7 Group Care Facility P17 Radio & Television Transmitting & Receiving Towers & Elevated Water Storage Tanks P22 Transmission Lines 1 S34 Recreational Facilities (Non-Profit) 1 1 .O Duke Power Company (919,967-8231 P.0.Box 2000 h Chapel Hill,NC 2 315 �-I(1 1 p. 'Name DUKE POWER NNW ' Orange County Planning Dept. 208 S. Cameron St. Hillsborough, N.C. 27278 Attention: Eddie Kirk Dear Mr. Kirk: This letter is to inform you that Duke Power Company will continue - providing electrical service to the old White Cross School locations that we now serve. Mr. Tom Whisnant, of Weaver Street Realty, requested that we write this letter due to this area being rezoned. If you have any questions, please give us a call at 967-8286. Sincerely, --) gge,414&*t, Mrs. Edith Carter egc • • • • • • } 91 [INDY PENDERGRASS Sheriff of Orange County Hillsborough, North Carolina, 27278 Office Phone: Hillsborough 732-2431 Chapel Hill 942-6300 Residence Phone: 929-5535 April 6, 1989 Tom Whisnant Weaver Street Realty 116 East Main Street Carrboro, North Carolina 27510 Dear Mr . Whisnant Per our conversation on April 6, You are request ing confirmation as to whether we can provide law enforcement services to your property at the Old White Cross School should the property be re-zoned to commercial zoning. Yes, we can provide your property with law enforcement services with no additional personnel or equipment costs. Si erely, :Lindy Pendergrass, Sheriff • • 9 2 MEMORANDUM TO: ' MR. EDDIE KIRK ORANGE COUNTY PLANNING DEPARTMENT P. O. BOX 8181 HILLSBOROUGH, N. 6, 27278 FROM: ORANGE COUNTY EMS ORANGE GROVE FIRE DEPARTMENT P. O. BOX 8181 HILLSBOROUGH, N. C. 27278 RE: : FIRE AND RESCUE COVERAGE DATE: APRIL 10, 1989 In response to your request, Orange County Emergency Medical Services and Orange Grove Fire Department will continue to provide emergency medical and fire services to the old White Cross School , located on Highway 64W. — Should you need any further information, please call us at 929-8109 or 732-8161 . 3 . • • ORANGE COUNTY PLANNING DEPARTMENT 93 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 e 4 CERTIFICATE OF MAILING ZONING ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA I, Eddie Kirk, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that on or about May 5, 1989, I mailed, by certified mail, postage prepaid, a Notice of the Public Hearing to be held on the request, for a rezoning la Thomas S. Whisnant & R. Gary Phillips,, located on NC 54. across, from White Cross Road (SR 1951) , in Chapel Hill Township, to each property owner as required by Article 20 Section 20.6.3 of the Orange County Zoning Ordinance. The notice mailed specified the date, time, place and subject of the Public Hearing on the zoning classification change. WITNESS my hand, this the 17th day of May, 1989., /e" /24e EDDIE KIRK ZONING OFFICER • 9451/ 1607°-0- 5---22-131 BALLENTINE ASSOCIATES, P.A. c-0 JT 1111 CONSULTING ENGINEERS POST OFFICE BOX 3581 CHAPEL HILL,N.C.27514 221 PROVIDENCE ROAD EASTOWNE OFFICE PARK 22 May 1989 Mr. Eddie Kirk ORANGE COUNTY PLANNING DEPARTMENT 306-F Revere Road Hillsborough, NC 27278 Re: White Cross School Dear Mr. Kirk: Ballentine Associates has been employed by Gary Phillips to obtain a North Carolina Department of Health Services permit for the existing septic system at the White Cross School. The septic system consists of a large underground tank which drains to a concrete-lined sand and gravel filter. Although pre- liminary studies are still underway to determine the condition and capacity of the existing septic system, available data indicates that the existing system has performed satisfactorily. Based upon preliminary calculations, the wastewater demand for the proposed use is less than previous demand for the school. The existing system was built for the school by Orange County in 1933 to serve approximately 150 students and faculty members. The septic system met the wastewater demands for the school until the 1968, when the county sold the property. Since the early 1970's, eight small cottages have also been using the schools' wastewater disposal system. The system was renovated in January and the tank was pumped out in February of 1989. Three writers and three artists are currently working in the school on a per- manent basis. Approximately three times per month the building is also used for functions such as auctions and wedding receptions for up to 130 people. Mr. Phillips would like to add a small cafeteria in the building for use during these functions. With the construction of any necessary improvements and the issuance of a NCDHS permit, the existing White Cross School septic system should adequately serve the proposed uses of the property. Please call me if you have any questions regarding this matter. Yours very truly, BALLENTINE ASSOCIATES, P.A. J. Bruce Ballentine, P.E. " Y 1APEL HILL(919)929.0481 ter , ( 1 {rx DURHAM:(919)489-4789 4,a µ ORANGE COUNTY 95. BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date May 22, 1989 Action Agenda Item 411D-25-0 SUBJECT: PD-1-89 McLENNAN'S FARM PLANNED DEVELOPMENT DEPARTMENT: PLANNING PUBLIC HEARING: _j,_Yes No ATTACHMENT(S) : INFORMATION CONTACT: Emily Crudup Application Extension 574 Vicinity Map Site Plan Project Description TELEPHONE NUMBERS: Agency Comments Hillsborough - 732-8181 Findings of Fact Durham - 688-7331 Certificate of Mailing Mebane - 227-2031 Adjacent Property Owners Chapel Hill - 967-9251/968-4501 Proposal for Wastewater System (under separate cover) PURPOSE: To receive public comments on an application for a Planned Development-Special Use Permit for McLennan's Farm. A public hearing is required for all amendments to the Zoning Atlas, per NC General Statutes 153A-344. BACKGROUND: 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 independent consultant to study the advisabil- ity 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 presented to the Commissioners on August 22, 1988. 96 Due to the length of time required to complete the alternative 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 residential planned development remain the same. RECOMMENDATION: The Planning Staff recommends that the public hearing on the Planned Development/Special Use application for McLennan's Farm be continued until the Board of Commissioners June 5, 1989 meeting to receive the County Engineer's report. The Planning Staff recommendation will be presented at that time. • ,- ORANGE COUNTY, NORTH CAROLINA APPLICATION FOR CHANGE OF ZONING DISTRICT • Data: April 27. 1989 ' TO THE BOARD OF COUNTY COMMISSIONERS ORANGE COUNTY, NORTH CAROLINA The undersigned do hereby make application to change the Zoning Atlas of Orange County as hereinafter requested . 1 • The property is located on the side of S.R .f 1946 and ( Rn pgal a Street/Road) between S .R.# 1005 of S.R .#, 1.9'i2 Block It is known as Lots] �, , n a Orange County Tax Map 115- l"han 1 14111 Township . It has a frontage of 4Q1 .78 feet and a depth of 1579.17 feet , and contains 1 ,675,660 square feet or ' 17 V acres . 2. It is desired and requested that the foregoing property be rezoned from pia to PT) Ta RR . 3 .. The .following information has been attached in . support of the application for changing the Zoning Atlas Is — required on ell. applications) . __. �_.. . ._-. .__. • •s. A fully dimensioned map at o acute of not Lass than one 11) inch • twe nty'e1201 unTset '(ahowingettheorLandrewhich one is proposed equala to be rezoned. . 'b. A legal description of the Land proposed to be rezoned. ■c. A statement of justification addressing one or more of the following; , which 111 The alleged error ie the proposed amendment,with an detailed would bs orrecto0 by the reasonsthow SUCh end detailed she erro . (2) The changed or changing conditions, it any, in the area or • in the County generally, which meks the proposed amendment ressonably necessary to the promotion of the public health, safety and general welfare. *13) The manner in which the proposed amendment wilt carry out the intent end purpose of the adopted Land Use Plan or pert thereof. •(4) ALL other circumstances, factors end reasons which the applicant offers in support of the proposed amendment j including, but not Limited to. documentation from service fire, police, d assuring services provisioncepebilit yto utilities thedevelop ant. d. A list of ell individuate, firms or corporstiono owning property adjoining or within five hundred MC) Lieefeet iofeuthentproperty sou t for rezoning is attecned. 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E- -ca .- 4.-4 , .. E 4-/ I-4 0 to c.) c.) ' u) ••••I 31 Li Ca 0. 0 VI CU 32 ..* '10 CO W •••1 ).4 al • c.) al • , ..,.$ = .0 .-4 0c 0 ...$ . .,, •41 ."4 C O > r• al .1.4 03 • ■ "0 'V 14. • • CU 0 co -o 4 .P . a • ›, „, „, . •••4 . I. . c IP ad 4.1 0 4 CO • 0 0 0 . . . am, trol al 0 a) 0 a) g . L• (a 0 4.4 7.474 (a I I cn . t".../ ;.; Q "0 •C g o > '5v . .)..) c., 0 0 . 1 E-4 -- co al. ca ■ t 0 0 . an cn .P. •"I )-1 ..I . r.13 C.13 0 1.6t 31 L'a 40 W Ia 0 1 ;11 Fd 10 L4 4.4 . < (r1 . Z . .0 ,-.4 • . 0 'V , WI a) A.J •• (I) . t . 1 0 CU LA . I 0 (LA E 0 0 44I > .44 CI E.4 E tdi " 1 4 i 4•41.4 • (0 La* ''' rI 41 110 agog 0 al g 0 a li lci)4 i .1 .....4 •0 •O 0 $ 1 CO 0 .... 0 '4:2.7+4 0 .0 .,... ut - 0 (.1 = J.( 0 C. 10 10 .. 41 0A 00 00 01.-I • I . f . t.1 14 0 0 g •,4 0 0 ad 4 4.4 CO I.14 . 1 . ffi 1.1 .4 0 0 0 a4 ' . POI 41 14 C) at) ar ,u CO CO I . C clf - C12 Z. f-1 .5 ei. .,, 2 x tat, CO• a 3,1 "0 U g I U "I 0 0 0 s.1 1 N 0 )4 al CO < ;0 O (1) •-.4 .f..1 tI1 1-1 0. 1 . Z N 1.4 --•-r"..., 03 = 0 0 1-1 Cl 4) 1 an a) LW C. '0 CO 0 0 CO .."4 CO 0. 4 0 •••1 Cl a) E > al ,-1 1.4 U Co ). Cl) •r1 C) 4.1 U CO Z L4 C. g "0 0 •••I CO . 0 )•-• CO C 0 1.1 el '31 0 C.) E-■ E-4 1-1 •S 0 1 . ' 101 April 27, 1989 Mr. Marvin Collins Orange County Planning Department Hillsborough, North Carolina Mr. Collins: I, Aubrey McLennan, owner of Lot 24, Map 115 in Chapel.Hill Township, Orange County, North Carolina, do hereby give authority to Mr. Leon Todd to make application for a planned housing development of 14 lots on said property, and also grant my approval of this action. Sincerely, )(i) Aubrey McLenna ORANGE COUNTY PLANNING DEPARTMENT 3o6F REVERE ROAD HILLSBOROUGH. NORTH CAROLINA :77.18 102 • MEMORANDU .M • • TO: ORANGE COUNTY PLANNING BOARD FROM,: ORANGE COUNTY PLANNING DEPARTMENT DATE: MAY 3, 19.8,9 • • SUBJECT: PD- 1-8 9 mcLENNANIs FARM -**1 * • Applicant: Mr. Leon Toad 133 W. Franklin Street Chapel Bill, NC 27514 Location: East side of Bowden Road (SR 1946) one-half mile south of Old Greensboro Biahway (SR 2005) , Chapel Bill Township' University Lake Watershed Requested Action: Consideration of Planned Development- Bousing-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. E=isting Land Use: Agricultural Surrounding Land Uses: Acriculturaltitesi6ential Land Use Plan: Rural Buffer. Water Supply Watershed Zoning: Rural Buffer/Protected Watershed II • • wl'wOADZYM PD-1-89 McLENNAN'S FARM iu3 MAY a, 1989 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. • Young•Jewell .1.0 4 &Associates Landscape Architects Planners McLennan's Farm Subdivision Bowden R081 at Old Greensboro Highway Chapel Hill Township Orange County, North Carolina Tax Map 7.115.24 General Description McLennan's Farm is a 2-acre lot subdivision proposed for a 37-acre parcel of land.which 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 bermuda 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 USGS Quadrangle 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 cul-del-sac to be named George Poe Road will provide access to the remaining four lots. McLennan's Farm • Road tenninates' in'a cul-de-sac but the right-of-way 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 Highway 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 Road. The fence will terminate at a pair of low stone walls paralleling the road at the first stream crossing. Existing vegetation will be almost entirely preserved, with some minor clearing at the cul-de-sacs of the two roads. Detailed planting plans showing street yard, side and rear yard plantings • in accordance with Orange Co. standards will be submitted with final plans. 1507 East Franklin Street, Suite 160 • Chapel Hill. North Carolina 27514 • 919.968.3405 105 Merman ys Farm Subdivision • • 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. Wastewater disposal will be handled by a low pressure system which collects wastewater at each lot and conveys it to a central community-owned nitrification field. This system is explained in further detail in the attached report by Craig Morgan, 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 Power 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 on either side of both roads for utilities. • • - Storm Water Management Since the site is characterized by center slopes in the 2 to 10 percent range, we feel that stormwater 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 numerous 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 bermuda grass and woods, finally entering the existing natural streams. Detailed calculations of infiltration rates, swale and culvert design and outlet control will be provided with the submittal of final plans. Erosion control devices will be installed during construction operations in accordance with Orange County requirements. A detailed erosion control plan will be submitted along with final plans. • Recreation/Open Space A tract of land 4.22 acres in size has been set aside for use as • both a nitrification field and improved open space. This tract is about 70% open field and 30% woods. A jogging trail will be installed to connect with Mclennan'S Farm Road and loop through the open space. Numerous exercise stations and picnic tables will • 106A MOIMMMMMWMMMWOOMMMOMM MeLennan's Farm Subdivision 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 provided for the private use of the community, and the developer will pay a fee in lieu of dedicating public recreation space. Financing and Operation 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 Association 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 facilities such as entrance features, picnic tables, plantings, etc. Membership shall be required by all buyers. Schedule It is anticipate that a permit will be obtained in early April and construction will commence soon after. All roads, fences, plantings, signs, utilities and recreational improvements will be installed at this time and should take two to three months to complete. The State Department of Transportation will be petitioned to take over road maintenance as soon as a sufficient number of homes are built. • 107 APPENDIX B Land Areas_ Tract • Actual Square Footage Lot 1 90,300 Lot 2 89,500 Lot 3 88,500 Lot 4 88,725 Lot 5 89,500 Lot 6 87,500 Lot 7 87,500 Lot 8 87,900 Lot 9 87,600 Lot 10 *116,300 Lot 11 *97,425 Lot 12 *113,300 Lot 13. 107,710 Lot 14 90,3C0 Open Space 187,100 Dedicated-to Homeowner's Association Right-Of-Way 116,500 Dedicated to State TOTAL AREA 1,625,660 = 37.32 Acres Gross Residential Land Area *1,625,660 sf - Required Recreation Space (Gla x .031)'= *50,669 sf Provided Recreation Space = 183,500 sf *Revsied November 11 , 1987 I - i i - 0(. 108 , • tt,...;„ I 4.0.• If STATE OF NOF-1TH, CAROLINA DEPARTive,L-..)17 OF TRANSPORTATION Crah=, 27252—C766 JAMES G.MARTIN October 29, 19E7 DIV:SION OF HIGHWAYS GOVERNOR AMES E.HARRINGTON .GEDRGE E.WE'-!-E.P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR • orange County .1.A.z. Greg Erymil: Orange County Plannir.g Department. 3O&- 'Revere Road • 'FillsborOugh, I:: 27278 Sv.bjecr: .?relinizary Flar, fcr Mr.3..e=namls Tar= Off n 1546 (Bowden Road) • Leis cr:fice has reviewed the subject preliminary pa n and oers the f.ollou'ing rec-o=er-iations: Pave property lines tollov the sigbr triangles • at SP. 1546 (Bounien Road) if. possible. • 1. if a Eividted ettranne is user:, enongb right-of- ay • mns:. be aer:ic,.a.r.ed to ac,comodate a six (6) shonader and a vi.:11 2:3 slopes (see atracbed r:rpical se.rtic.n.). Please be al=2.7.e id. the island is not sz.tttori.17 t-..,--anteLner: by snmecne invo:rved • the the islar.e. r1 be r=oved.. The DiTisio.n cf. Plig.'-mays not maizzain-any island cr. settior.. easement sh.-41 oe ; iáe Z i=7:E=Ser.:::::-CM Cf. Crec=ge ?De Lca.f, azr: !icle=s4c's h. Lots E, 9, 30, and 33 =us: have Eriveways cf.! George .rme • L. If 1..1...-ler.r.zza's 72z.z. Road is exten-ded, enall :eve= bark to properry • • • 109 r. t;reg Srymik October 29, 19E7 Page 2 The proposed horicontal alignment and sight distance appear to meet minim= standards. The abave. rev=mendations are noted in red on the attached plan. Please review these recendations and re—submit revised plans to this office for further revieu. :f you have any questions, do not hesitate to contact this office. lours very truly, j -M4115..., P. '. ZNG1NZER 1 aMM/S.72:jbh cc: hr. Leon Todd with attachment. • I • • • • • 1 • • S:...1 E..1.----1" 1":-•••"*---".( 1""v. .../rv- 1•••• ...I 0 C EI-Iv:EN, :7..%F -;-=.t.NS P'"....*,P7`7.471 D C;r.....• _-_-__-.._--.-_----• 110 r...*::.r fr" / •f" "••••7/ DIV!SN IO ar• 1*(1C.04WAYS . •••■•■■■■■•■•••■■•■•••••••■■■•••••■••■■■•■•••■i■..../11.4.....orm■ .. 0, i.gtrP Aar_-D EY — _ .r..-,-E - ETAT/ON P. D. BX 2:".2 01 ••■••■•■■■■•■■............. k...... 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ORANGE COUNTY PLANNING DEPARTMENT 3406F RCVERE ROAD 111 HILLSBOROUGH, NORTH CAROI,INA :77:78 MEMORANDUM TO: Greg Szymik FROM: Warren FaIrcloth , Erosion Control .0flicer SUBJECT: MoLennan' s Farm Subdivision DATE : November 5, 1967 This project requires the submission of stormwater mantoement plan for controllino the first half Inch of runoff and the peak rate of The ID-year 2C-hour storm. The subdivi- siom meets the minimum lot size or controlling The first gler. halif.of runoff . The large 1C7 size and use of orassed swales may contribute to controlling; The peek rate of runoff , Dui plan must be submitted showing how the' peak rate will be controlled. • The amount of disturbance to construct the new road end and nitrification field will require submittal and approval of an erosion control plan Prior to The start of construction. I see no conditions that should preven7 The successful design end implementation of e plan. V ii rq ij • • • • • . . 112 WHITE CROSS VOLUNTEER FIRE DEPARTMENT, NC. ROUTE ONE CHAPEL HILL, NORTH CAROLINA 2754 October 9, 1957 Mr. Greo S:imik Orange County Planning Department Churton Street • Hillsoorougn, N: 27278 RE: Project: M:Lennan's Farm Proie:t f 5774 Bo4oen Rd @ Did Greensooro Hw. • Dear Mr. Szimik After reviewino the plans and looking at the site of the above proposed subdivision, we can adenately service this subdivision providino tne streets and driveways are large enough to accomodate fire deprx-m_“, Yours truiy, [ • :! n2 Wiles • 4 ".•=41;. Copy: Daniel Dne A. Oewell • • • • OFNc COUNTY ■IL• •&...! HSO?O• • t• 113 • C.‘..F.0:-IN A :7.276 EMERGENCY SERVICE'S )06 LAS':mARGARZILANE. Essablisi•ed;752 •r."%• Gres Ebimik • SUBZTECT: Coveraoe FRO~"..: Bobby Baker /2.4.4. October 7, 19E7 ' SoL:th Oran9e Resoue Squad and Orange Eztveroenby Services %."12. pc°vide ES. covera9e tor .ne proposed oeveiopmen: on Bowoen Road in Drange Cr.r.:nty. • Daniel :Jewell 300 .in C..reerr. Cer.zer. *.F.O., Drawer 267E C.-a P.:11 ,2:: 27514 • • • • • • • • rte+. ✓ I t .e r.✓L.�.J ^:.: K ^--=---- '�"� ^ Sherir of Orange County Hillsborough, Nor CCarolina, 2..` 21 U t Oice Prior: Hilisporoiigh 737.-2431 114 • Cnaoel hill 44i-6300 Residence Pnorre: 925-3535 7c: Ur noe County PLarr.t.ng Depantmen Faun.•: ,Lindy Pendercna44 Re: Low Enroneement SC.:v1e.C4 Fon M^1 e.n.n r.'b i•a m Daze: October, t, 79E7 • Fo.. r.c.aeat. Vc:,r. 79E6, the Onanae County Sherri i 'h Dcoan .me.r:t ncbpon.ded to 77, C:2 ta.f.L5 ro: .aenv.i,ee eDUr,;.uw.i e. CourZy nanni g pop..iaZ..i.on r.Lour c.4 brow o.pp-LO::.isr..::c.;y ':, DDD pC.r un.a tihted within the eoanty. is:1.ed on Mnche 'waune.a the r.::,.io oU caZ2:6 ion be.:viee countywide •::.a .37 cc.CL per: penLor.. The P-.Dpobed I r e nran1.a r«,:an pnoje % id, .tr. an urael/U.r.oped arcs, thenc- io ne, a ..G•Lrr,.lfwide G.ve.:aoe m::.'.. be c.pp,.c.e?. Ma i.La,t ru:"ri.ah.d •%o G%...tnpe Count' Snc:ir T z Depantmer: .,.r'....c.."...te PS) r• r'r .Gb .be e.or/..7.. :.rLZe.d in :,..r..,.b .eub+..C.v.i,L i.or_ • .._ n:.aed on r.DUr,:..y iipa Cb 43 pe4.4Drb &...".tir £.!ze.Ly Dc^..:.'py :ne.ae roma. , • (lb•ir.0 :,.►1-C county av G..^-G a :.ri.Lb w.i,C.C, G en Cr..;.0 7L.5 ..r.,....4 ion zenvice ion thi2 D.2C: ion one ue.:.. _%.:..: r,._ tt. negt:.tr C.a an G,Ver:ae Lid 15 r.+..n::.e.6 "_o nc.epore ane ::e_:.M hi.b wc..!: oenenate 12.5 mr..mh='..b or ezpvr.+"..ca:g caii.4 ion 1,en v.i_=e in 61.i'.b once. • The c.:.:,;.,w...Dn pi %J%b pnoieet and Brie o d eet_e.4 72.5 m:.rinounb w.,C.t. not, r, ec!.Ae. , - y the C1n.^,r.oe Coup by ..:..a...,.,,, .LtiLr��.i.c�r� impact:%_ ur .tine :•v..,�,�.,, G'� p ov.c.ee ber_v.La ion `..h . b Lr e C.'.hen pnopo•bee pnojectz in %J1..b :`yea ecaZe eaabe the. reee r;_Aprx.UC.:. :..D rzs'i.r.:..L%.X the ;.:...er.: . .evCtb o bofvJ.G VP: tz; v:r.,ce° A,. 30D r,o.b. Cr:: et E 24, P.:. :751 • • • • • 77"....p ,A; Ortinpe County Recme6on and Parks Departrnrt - !\-- ..,. 04,;- 'N.: .-7-----z-- .115 „?../.. 3X Wes: Tryon Strez • firtisborOuerh, Nonh Caroirg 7.7:77S ,,, ..., .."‘I.,wn.:..:....— erea■rw. ion•A*1■■■.• . 0 . ar . ' •Csr. ' Mary Anne Slack. Drector . . r--'1DRA2Z.T.Thl :Cr: Cre; Soymik, Planner FROn: Mary Anne Elaok k7114rS November 9, 19E7 RI:: Courtesy Review -- noLennan's Farm ( PO-2) Chandler Concrete (PD-;) • Upon review of the preliminary plan for the propose! Planned Development wi'chin the :IPA ( ennan's rarm) please be advised thet : would recomaend :net the County Commissioners a.--,,,7 payment-in-lieu of tne reocired dedication of land for public reoreation and park purposes. " -n= designated 'open spane/int-"4-ation field" needs to be carefully maintained and operated by some entity sum) as a homecwher's asocia:-..i0n, especially if exercise stations are installe . : see no element(s) on the Chandler I Conorete preliminary plan warranting comment from a rerreation and park perspective. . . :hank you f the opportunity to offer these staff comments. : will present my recommendations to the :range CountyRecreation and Parks Advisory Council az their :ecember meeting and will forward -o you any Ichanges/additional oomments tney may have. • !..I.AZ/Pbl ' C:: Lorraine Parker, Chair, Recreation & Parks Advisory Council .. I • - • • • i . . 1 . . 1... . - . I ' - . . • • . . • - . • • • . 7eiephonez: 919 7B2-E261 . 919 967-9251 • 929 69.6.71:31 • 929 ":""7-7472 • . , .. _ - 11 ""3 7:: • II 5- II-09 P.O Box 337 301 West Main Street • arrbaro Carrboro.No Carolina 27510 (919)968-7700 (919)942-8541 _ N C May 9, 1989 Ms. Emily Crudup Orange County Planning Department 306F Revere Rd. Hillsborough, NC 27278 Re: Revised plans; McLennan's Farm subdivision Dear Emily, Per our conversation, all comments previously submitted for this development would remain valid with the following exceptions: - The addition of landscaping for the lots and streets is an improvement. - The proposed impervious surface calculations have been included, and would be in compliance with the Town of Carrboro's regulations for watershed zoning districts. If you need further assistance, please call. Sinc erely, • ,,,L) ii7776 i0/4-1-1.) Amy Parker Development Coordinator t 71. 117 rniE C E rrii M- E4- itei P 0.Box 337 arrboro 301 West Main Street Carrboro.Nortr Carolina 27510 5 N.C. (919)965-7700 (9191 942-8541 KiiarriOL.-nli.--;::7-t 1=12 November 18, 1987 Emily Crudup Orange County Planning 306F Revere Road Hillsborough, NC 27278 RE: McLennan's Farm Courtesy Review Dear Emily: The Town of Carrboro would have the following comments on this proposed development: If located within a Carrboro designated watershed zoning district, the following items would be needed on plans: - a fifty foot buffer would be required on either side of the intermittent streams located on this site - proposed plans for the tract of land to the north would be required (ie. , as a phased development) - impervious surface limitations (maximum allowed and proposed) should be on the plans - trees having a diameter greater than 18" should be located on landscape plans - the agency or organization which will be responsible for maintenance of the proposed sewer treatment facilities should be clearly noted on the plans - copies of all state permits required for the sewage disposal systems should be submitted prior to issuance of any building permits -the exact nature of all potential recreation activities (passive or active) expected for the recreation space should be addressed on plans. Also the distance between the edge of the nitrification field and the existing stream is not clear. -proposed grading and clearing limit lines would be needed -proposed stormwater culvert sizes should be indicated, and hydrologic calculations verifying their adequacy should be provided. Detailed drawings of the culvert & road crossings are also needed. ris McLennan's Farm Noirember 18, 1987 Page 2 -if the road is to be extended, a notation to that effect should be on the plans, and signage should be installed at that end of the cul-de-sac when the road is built -proposed house locations and driveways are needed to , verify proposed impervious surface areas •-proposed well sites should be indicated. It is recommended that state permit records be reviewed for previously approved LPS sewage disposal systems to ascertain if there have been problems with failures of such systems. It is my understanding that the upcoming November 23 , 1987 meeting is to receive preliminary information and comments, and that a formal decision will not be made on that date. We would appreciate the opportunity to review and comment on future plan submittals for this project if substantially revised plans are submitted to the County prior to the public hearing for final approval. Per their request, a copy of these comments will be forwarded to our Board of Aldermen and Planning Board. Sincerely, 1 my Pa Amer ke Development Coordinator cc: Carrboro Planning Department Carrboro Board of Aldermen Carrboro Planning Board Robert Morgan, Town Manager - - - - •- Watir and Sewer Authority 9 400 Jones Ferry Road OWASA I P.O. Box 366 Carrboro, NC 27510 (919) 968-4421 May 3, 1989 Mr. Marvin E. Collins, Director Orange County Planning Department 306F Revere Road Hillsborough, NC 27278 - - Dear Marvin: OWASA staff appreciate the opportunity to comment again on the proposed McLennan's Farm Planned Development. This is our first chance to review a subdivision proposed in the University Lake watershed since receiving Camp Dresser & McKee's final watershed study report. A copy of the March, 1989 Executive Summary is attached. 1 Pat Davis' letters of November 16, 1987 and January 19, 1988 included detailed comments on the proposed wastewater system. More recent documents have supported most of those comments: Hazen and Sawyer's Orange County Alternative -Wastewater Treatment Study (August, 1988), Camp Dresser & McKee's University Lake Watershed Study (March, 1989), and Orange County's Water & Sewer Policy (April 3, 1989). OWASA's staff comments are drawn chiefly from these documents. We are concerned not only with both the proposed wastewater system, but the overall site plan for.McLennan's Farm as well. • Community Wastewater System The CDM report notes that "community systems represent a higher . (water quality) risk than septic tanks or sewer extensions;" and, 1 "systems which rely on innovative technology, should be 'proven' in locations less environmentally sensitive" than water supply watersheds. COmmunityLPP systems, as proposed for McLennan's Farm, should be considered as unproven and innovative. Orange County's Hazen- and Sawyer report examined several case studies of similar systems, and documents a disturbing range of unsatisfactory performance. Cluster LPP systems in Orange County should be "proven" outside of the Chapel Hill-Carrboro water supply watersheds. A number of our previous staff comments focused on the need for a management system to guarantee long-term operation and maintenance of community wastewater systems - a concern echoed by both the CDM and Hazen and Sawyer reports. "A management program for inspection, regulation and monitoring is essential, particularly if community wastewater disposal systems are permitted within University Lake 1 watershed" (CDM). The Board of Directors has not addressed CDM's An Equal Opportunity Employer 1 • - - - - - - - - 42 Mr. Marvin E. Collins May 3, 1989 Page 2 • suggestion that OWASA be the lead agency for such a program. The Hazen and Sawyer report states: "If the reliability of alternative ' treatment systems is to be improved, it is clear that the greatest opportunity lies in the area of improved operations and maintenance." The report goes on to suggest that the County consider taking over the responsibility for operating and maintaining alternative systems. The County's April 3, 1989 Watet & Sewer Policy notes that "adequate long-term operation of such [alternative] systems must be assured," and states the County's intent to "evaluate the feasibility of establishing an inspection and monitoring program for alternative wastewater treatment systems"; to "explore a' bonding requirement"; and, "to explore alternative institutional, arrangements for shifting the operation and maintenance of such systems into the public domain." . OWASA staff considers it premature to issue a Special Use Permit for McLennan's Farm before the County fulfills those recently adopted policy commitments. The applicant's present proposal for a private vendor to post a $10,000 bond, and to operate the community LPP system through a contract with the homeowners' association does not provide adequate assurance of reliable long-term performance. Ten thousand dollars will not begin to cover the repair costs for the types of problems noted in the Hazen and Sawyer report. It is evident to OWASA staff that there now exists a substantially greater body of technical information and policy consensus than there was 15 months ago-when we last reviewed the McLennan's Farm project. The proposed wastewater system still suffers from two major deficiencies: • • The lack of an institutional arrangement to assure reliable long-term operation and maintenance by a public entity; and, • The risk of an unproven, innovative technology in an • environmentally sensitive water supply watershed. • Overall Site Plan Considerations Camp Dresser & McKee's final University Lake Watershed Study report includes policy and administrative recommendations based on their technical analysis of the water quality effects of different land use scenarios. From a water quality standpoint, CDM's preferred . approach is a 5-acre minimum residential lot size and a 4 percent impervious surface limit throughout the watershed. Such a pattern would not require structural stormwater controls (wet ponds) to meet the recommended University Lake water quality goals. • - _ Mr. Marvin E. Collins May 3, 1989 Page 3 Clustered development could also achieve the same goals without structural devices, provided that: • Clustered subdivisions are located in areas of the watershed where public sewer extensions are most feasible; or, if served by community wastewater systems, the facilities are publicly operated and maintained; • 85 percent of the total development site remains as permanent, natural open space; • 0.5 acre minimum lot sizes are set for clustered projects; • Maximum imperviousness is restricted to 4 percent of the total project area, including streets. The CDM report clearly recommends that any development more intensive than 5-acre single family residential (or the 5-acre, cluster equivalent, described above) be served by publicly maintained stormwater devices. The report also states: "In the event that Orange County elects to rely upon the structural BMP approach, it is recommended that a 6 percent imperviousness limit be established for areas zoned for 2-acre single family lots." The proposed McLennan's Farm project (37 acres/14 lots = 2.64 acres/lot) is almost twice the recommended 5-acre lot density. The proposed impervious cover of 11.9 percent is almost 3 times greater than the 4 percent recommended for projects with no structural stormwater controls, and twice the recommended limit for projects where publicly maintained structural devices are provided. No permanent stormwater control structures are included in the McLennan's Farm application. 1 OWASA Recommendation OWASA staff recommend that the Orange County Board of Commissioners deny the application for a Planned Development Special. Use Permit for McLennan's Farm on the basis that the proposed use will not promote the public health, safety and general welfare if located where proposed and developed and operated according to the plan as submitted. Specific findings to support this recommendation include: 1. The availability of substantially more technical information and policy consensus than existed when the application was last reviewed (Hazen and Sawyer, August, 1988; Camp Dresser & McKee, March, 1989; and Orange County Water & Sewer Policy, April 3, 1989); - - - - 122' Mr. Marvin E. Collins May 3, 1989 Page 4 2. The risk of an unproven, innovative wastewater technology in an environmentally sensitive water supply watershed; 3. The lack of an institutional arrangement to assure reliable long-term operation and maintenance by a public entity; 4. A proposed level of development two to three times more intensive than recommended for meeting the University Lake water quality goals; and, 5. 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'"'"' 0 •""/ 7d.." tj ' '"' ....1 4. re ::: 0 • ‘ W r, .."' ...... ci C.) ■••.) /". ° • - -- - - 0 --, ‹ cr) 0 = --4 In C. > C. ° -0 > ° ° ' . o :: ..0 -- ..- U -; , ...., . . ..-1 - ...41 • . ..... * • .** • .1. cs, • r'S .a ...J e.", %0 C' ...., ..- ,t.1„...., 404 • hi 4•••••• . . U... 1.. ..--... ...., 0, ' ..-. .--.. , = < 0 CD 0 t.r. 1-. .0 .-0 ...0 17 IV-B-10-e Approval of Major Subdivision Preliminary Plan or Minor Subdivision Final Plat 1 (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, utilities, 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 SUBCOMMITTEE: PLANNING BOARD REVIEW: BOCC REVIEW: Poavow■■■■•■■• 1;4 171 rv-is-lo-f Application Requirements (For Cluster Subdivisions) In addition to the information specified in Section lf=g_ for MAJ.= Subdivision Preliminary Plans or Section 3 1=2 fps mingt galadimiglan Examl gigta, 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. 1I0 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/-S. 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 (5) lots,, including the residual acreage, from my one (1) tract of land in gny twenty- . four (24) month pgriod4, (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. 169 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 _c_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) . Kt .166 application requirements for Cluster Subdivision to provide consistency in requirements between major and minor subdivsions. RECOMMENDATION: The Planning Staff recommends approval of the proposed amendments. • 95 irdtgleaL McLENNAN'S FARM SUBDIVISION COMMENTS TO ORANGE COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING - MAY 22, 1989 By - Mr. Robert U. Peck Chairman, Board of Directors Orange Water and Sewer Authority • • Good evening. My name is Bob Peck. I 'm the Chairman of the OWASA Board. You have already received our staff comments on the McLennan' s Farm project in a May 3 letter from Ed Holland to Marvin Collins. This letter was discussed by the OWASA Board, meeting as a Committee of the Whole on May 10 . Although no votes are taken at Committee of the Whole meetings, it appeared to have the unanimous support of the Board members present . I request that this letter be entered into the record of this public hearing. I recommend the Board of Commissioners deny the Special Use Permit application for McLennan''s Farm based on findings that the project will not promote the public health, safety and general welfare if located in the University Lake watershed, and if developed and operated according to the plan as submitted. Support for this recommendation is found in three recent reports which provide substantially more technical information • and policy consensus than was available when the project was first proposed. These are the County' s August 1988 Hazen & Sawyer report on alternative wastewater systems in Orange County; the County' s recently adopted Water and Sewer Policy; and , OWASA' s March 1989 report by Camp Dresser & McKee on University Lake watershed protection. The Hazen & Sawyer report documents the problems with community wastewater systems . They are, to a large extent , considered innovative and unproven . under the best conditions . Under operating conditions described in the Hazen & Sawyer report - namely, a consistent lack of qualified supervision and monitoring - they constitute a serious hazard in a small watershed. The Camp Dresser & McKee report specifically recommends against locating such systems in environmentally sensitive water supply watersheds like University Lake . • • 2 • The Orange County Water and Sewer Policy, adopted April 3 , 1919 , states that : • "Watershed protection should be given a high priority in any activity related' to 'land use planning in Orange County. Orange County will, in' those areas for which it has . planning and zoning jurisdiction and authority, use this authority. to designate protected watersheds in the Land Use Element of the Comprehensive' Plan for the purpose of protecting. those areas from environmental impacts adverse to water supply sources ." _ I believe that both the Planning Board and Board of Commissioners are seriously , concerned with protecting University Lake and other water supply sources . The Camp Dresser & McKee report , conducted specifically ' for the University Lake watershed, recommends that development be permitted in the watershed - but under rather strict criteria. Their favored recommendation is for low density residential development , not greater than one dwelling unit per five acres, with a maximum impervious surface limit of four percent . • CDM' s second choice is clustered development , with a half-acre minimum lot size , but an .overall density of five acres per lot , and with the same four percent impervious limit . The third approach would be two-acre ' lots , , limited to six percent impervious coverage , but with publicly maintained stormwater ponds . The McLennan' s Farm project meets none of these criteria. ' Both reports highlight the need for public management' of community wastewater systems . The County' s Water & Sewer Policy explicitly commits "to explore alternative institutional arrangements for shifting the operation and maintenance of such * systeuts into the public dditi-ain." - - - The McLennan' s Farm proposal has similarities with earlier plans submitted for the controversial Amberly subdivision near - - Carrboro. Both projects would rely on unproven, innovative community low-pressure systems with no oversight by local public agencies . Both projects would exceed by a wide margin the density and impervious surface limits recommended by Camp Dresser & McKee . And, neither McLennan' s Farm nor Amberly would include publicly operated and, maintained stormwater devices . As. . recently as May 11 , the . North Carolina Environmental Management Commission directed its staff to stop issuing discharge or non-discharge wastewater permits in WS-I watersheds until the Commission, could better define an appropriate level of development for such protected areas . • . . • 3 Under the EMC ' s ruling, Mclennan' s Farm cannot presently obtain a state wastewater permit . In addition to recommending against Orange County issuing a Special Use Permit , I would like to comment briefly on several related policy issues , and commend them to your attention. • First is the need for local boards to incorporate the University Lake watershed recommendations into their policies and programs . I plan to recommend that OWASA' s Board of Directors adopt the CDM report as the guide for our staff to use for determining development impacts in University Lake watershed and the basis of recommendations for stormwater and wastewater management relating to that development . Hopefully, the governmental jurisdictions will soon evaluate , negotiate , and incorporate the critical elements of the Camp Dresser & McKee recommendations into plans •and policies of Carrboro, • Orange , and Chatham County. It is disturbing to me that the only reason Mclennan' s Farm has come up for public review is the County 's requirement for a Special Use Permit triggered by the proposed community wastewater system. How many other projects have been approved, or are proceeding, after only administrative review by County staff? I recommend on an interim basis that both the Orange County Planning Board and Board of Commissioners review and comment on all new development proposed for the University Lake watershed that doesn' t meet the Camp Dresser & McKee recommendations for density, impervious coverage , wastewater disposal , and stormwater management ; and, give OWASA the opportunity to comment on all development in the University Lake watershed. The need to move forward with more protective measures in University Lake watershed is critical because certain levels of development can do irreversible damage to the lake ' s water quality. One of our main purposes for conducting the CDM study was to determine the types and threshold levels of new 1 development that the watershed can accommodate with the least amount of water quality damage . Those recommendations are now before you. The challenge to all of us is to use that technical information wisely and fairly. Until then, we urge you to deny the Special Use Permit to McLennan' s Farm; and, to please keep us advised of University Lake watershed development that doesn' t comply with the CDM recommendations . CESSEMSNISZCIIIIMEtamoons , 4 We must all act promptly to use the more advanced technical information we now have at hand to formulate appropriate criteria for University Lake watershed development . In the meantime , we must not allow development to occur that will set unwanted precedents , and •.permanently contribute - either singly, or collectively - to unacceptable health risks in our public water supply. Thank you very much . • - - I N A M E T E M # PLEASE •RINT NM,1b 2b /113111;11101111 b [M'i� 4b b + ilr.AM'AMMIMIMMWMWE.Mr.r_aYWIMIIIIMMIMN ' fir 111111 i1111111111111MINI M '' MAM . Goy CA. I NM 1,1 .F Qn � � ���� 6. I Li ,. [_ MM���llIllIllE MIIIIIIIIIIIIIIIIIall . ,c/ Ie',- a�������� %IIIEII!1 ��! 8. . ,-i . P e-k1111111111111111111111111111111111=111111111111111111111 1 . / n1jrlrr1M1111I1I1rr1c� 1I1II1I11I11r 11 . I.�.���-��- 12. -r-.-MM-IMIr-- Mrr�. r����� 14. 111111111111111111 ---. M - 1 1111111111111111111 --�.-- 16. IIIIIIIIIIIIIIIIIIININIIIMIIINIIIIIIIIMIMIINIINIIIIIIIIIII 18. IMMIMIIIIIIIMIIMIMIIMIIIMIMIIIIIIMIIMIIIIIIIIN 19. 1111 -.1111111.---.-1111 20. 11111-.-.1111--1111.-- 21 . -1111-1111.11111111--.1111- 22. IIIIMIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIMMIINIIIIIIIIIIIII 2 . IIIIIII - IIIII.MIIIIIIIIIIM-.1111111111 24. IM---M .�---�- 2 . 11111111111111111111111111111111111111111111111111111111111111 1 26. IIIIIIIMIIIMMINMUIMOMIINIIMIMMIIIINOIIIIINIII 2 . 1-11111111..--r.-- 28. �1 .��-- -- r►�� 2 -11111--..-11111111111.1111111111111 1 1 . IIIIIIIIIIIIIIMINIIIIIIIIIIIIINIIIIIIIIIIIIIIIIINIIIIIIIMI, ��--..��----IIIIIIIIIIIIMIMIIIIMIIIIIIIIIIIIIINIMIIIIIIIIIIIM I 34. --- IIM.. IIIMIIIM-.--IIIIIII 35. 111111.111.-..--1111.-- 6. ����5������r . 1111111111111111111111111111111111111111111111111111111111 38. - INM--II .r-IIM.-r 39. ----111.111111111111..11111 40. 111111111111111111111.11111111111111111111111111 t ,a)1:14411(5, t . Orange Water and Sewer Authority OWASA400 Jones Ferry Road P.O. Box 366 Carrboro, NC 27510 (919) 968.4421 May 3, 1989 Mr. Marvin E. Collins, Director Orange County Planning Department 306F Revere Road Hillsborough, NC 27278 Dear Marvin: OWASA staff appreciate the opportunity to comment again on the proposed McLennan's Farm Planned Development. This is our first chance to review a subdivision proposed in the University Lake watershed since receiving Camp Dresser & McKee's final watershed study report. A copy of the March, 1989 Executive Summary is attached. Pat Davis' letters of November 16, 1987 and January 19, 1988 included detailed comments on the proposed wastewater system. More recent documents have supported most of those comments: Hazen and Sawyer's Orange County Alternative Wastewater Treatment Study (August, 1988), Camp Dresser & McKee's University Lake Watershed Study (March, 1989), and Orange County's Water & Sewer Policy (April 3, 1989). OWASA's staff comments are drawn chiefly from these documents. We are concerned not only with both the proposed wastewater system, but the overall site plan for McLennan's Farm as well. Community Wastewater System The CDM report notes that "community systems represent a higher • [water quality] risk than septic tanks or sewer extensions;" and, "systems which rely on innovative technology should be 'proven' in ' locations less environmentally sensitive" than - water supply watersheds. Community LPP systems, as proposed for McLennan's Farm, should be considered as unproven and innovative. Orange County's Hazen and Sawyer report .examined several case studies of similar systems, and documents a disturbing range of unsatisfactory performance. Cluster LPP systems in Orange County should be "proven" outside of the Chapel Hill-Carrboro water supply watersheds. A number of our previous staff comments focused on the need for a management system to guarantee long-term operation and maintenance of community wastewater systems - a concern echoed by both the CDM and Hazen and Sawyer reports. "A management program for inspection, regulation and monitoring is essential, particularly if community wastewater disposal systems are permitted within University Lake it watershed" (CDM) . The Board of Directors has not addressed CDM's An Equal Opportunity Employer Imammi''=----------- . ,. ., . . . . . • . . • Mr. Marvin E. Collins May 3; 1989 . Page 2 . . . . . suggestion that OWASA be the lead agency for such a program. The Hazen and'Savyer report states: If the reliability of alternative treatment systems is to be improved, it is clear that the greatest opportunity lies in the area of improved operations and maintenance." The report goes on to suggest that the County consider taking over the responsibility for operating and maintaining alternative systems. The County's April 3, 1989 Water •. . & Sewer Policy notes that "adequate long-term operation of such [alternative] systems must be assured,:"! and states the County's intent to "evaluate the feasibility of establishing an inspection - and monitoring program for alternative wastewater treatment systems"; to "explore a bonding requirement"; and, "to explore alternative institutional arrangements for shifting the operation and maintenance of such systems into the public domain." . • . OWASA staff considers it premature to issue a Special Use Permit for • McLennan's Farm before the County fulfills those recently adopted policy commitments. The applicant's present proposal fora private vendor to post' a $10,000 bond, and to operate the community LPP . -system through a contract with the homeowners' association does not 1 . prbvide adequate assurance of reliable long-term performance. Ten thousand dollars will not begin to cover the repair costs for the types of problems noted in the Hazen and Sawyer report. ' . It is evident to OWASA staff that there now exists a substantially greater body of technical information and policy consensus than [ there was 15 months ago when we last reviewed the McLennan's Farm ' project. The proposed 'wastewater system still suffers from two' • major deficiencies: • • The , lack of an institutional arrangement to assure reliable . ' long-term operation and maintenance by:a public entity; and, • The risk of an unproven, innovative technology in an environmentally sensitive water supply watershed. . Overall Site Plan Considerations • Camp Dresser & McKee',s final University Lake Watershed Study report includes policy and administrative recommendations based on their • technical analysis of the water quality effects of different land use scenarios. From a water quality standpoint, CDM's preferred approach is a 5-acre minimum residential lot size and a 4 percent impervious surface limit throughout the watershed. Such a pattern . would not require structural stormwater controls (wet panda) to meet the recommended University Lake water quality goals. . . . . . • ,. . . • , Mr. Marvin E. Collins May 3, 1989 Page 3 Clustered development could also achieve the same goals without structural devices, provided that: • Clustered subdivisions are located in areas of the watershed where public sewer extensions are most feasible; or, if served by community wastewater systems, the facilities are publicly operated and maintained; • 85 percent of the total development site remains as permanent, natural open space; • 0.5 acre minimum lot sizes are set for clustered projects; • Maximum imperviousness is restricted to 4 percent of the total project area, including streets. The CDM report clearly recommends that any development more intensive than 5-acre single family residential (or the 5-acre cluster equivalent, described above) be served by publicly maintained stormwater devices. The report also states: "In the event that Orange County elects to rely upon the structural BMP approach, it is recommended that a 6 percent imperviousness limit be established for areas zoned for 2-acre single family lots." The proposed McLennan's Farm project (37 acres/14 lots = 2.64 acres/lot) is almost twice the recommended 5-acre lot density. The proposed impervious cover of 11.9 percent is almost 3 times greater than the 4 percent recommended for projects with no structural stormwater controls, and twice the recommended limit for projects where publicly maintained structural devices are provided. No permanent stormwater control structures are included in the McLennan's Farm application. OWASA Recommendation OWASA staff recommend that the Orange County Board of Commissioners deny the application for a Planned Development Special Use Permit for McLennan's Farm on the basis that the proposed use will not promote the public health, safety and general welfare if located where proposed and developed and operated according to the plan as submitted. Specific findings to support this recommendation include: 1 . The availability of substantially more technical information and policy consensus than existed when the application was last reviewed (Hazen and Sawyer, August, 1988; Camp Dresser & McKee, March, 1989; and Orange County Water & Sewer Policy, April 3, 1989); 18302:0111ramt. •4 • Mr. Marvin E. Collins - May ,3, 1989 Page 4 2. The risk of an unproven, innovative wastewater technology in an environmentally sensitive water supply watershed; 3. The lack of an institutional arrangement to assure reliable long-term operation and maintenance by a public entity; . 4. A proposed level of development two to three times more intensive than recommended for meeting the University Lake water quality goals; and, 5. The lack of any permanent, publicly maintained stormwater control devices. - Please let me know if we can provide further information. Sincerely, Edward A. Holland, AICP Research&Planning Administrator dew cc:' Everett Billingsley Mr. John Link Mr. Robert Morgan Mr. David Taylor " ' • • • daz . ' • INTEROFFICE MEMORANDUM • . TO: County Commission John Link, County Manager Marvin Collins, Planning Director • FROM; Paul Thames, County Engine --- • 'DATE: May 22, 1989 SUBJECT: McLennan's -Farm Subdivision -Low Pressure System 'Design- I have reviewed the document entitled "Wastewater Facilities -- Planning Report"-by Morgan & Associates for McLennan's Farm -. Subdivision and a document entitled "Report on Soil Absorption . Wastewater Treatment Technology" by North State Utilities for • OWASA. The latter document , has a section which specifically • reviews the low pressure system design for McLennan's Farms. A copy of this portion of the North State document attached herein. Generally I have no problem with the basic design premise presented in the Morgan report. The use of individual septic tanks and pump stations for each household in the subdivision is an excellent method of primary treatment. I do have doubts, some of which where triggered by the North State report, about the 1 apparent design for the low pressure field, the pump station design and the system management, ownership .and responsibility for the overall system. The available area for the low pressure field is apparently almost the exact required size for a primary and repair field. There appears to no provision for buffers, or for field layout adjustment mandated by the physical charaCteristics of the field. The overall field appears to be subdivided into four subfields, • two of which will be dosed simultaneously by -two:pumps.operating simultaneously with one -pump for each field.. Each f.ield apparently will contain approximately 3000 linear .feet bf • distribution lateral . It is my opinion that dosing more than 1000 to 1200 linear feet at one time will result in flow equalization problems which will cause hydraulic overload on the upstream side of field. The report also includes a document' which recommends that the pumps be set to run for a minimum 3 minute time period. It generally takes 3 minutes to purge the air from even a smaller • • • • • • _ . • . . • - . e . • - . ' • ' • . . :: Z . - . ' . • _ • . , . . - • • • , • . . . . . Y...)„-, :" .: : : . . . .. . . , • • . . . • I ComMiSSiOners • 'JohriLLink. • ..- • . - . . . • . -Mar44,0 Collins: , . : . , •. - . . . Page • .. .:2 . . . _ . . .. . • - 'HO 22, 089 — - • . - • " ',. . . . . . % .- . - • . -., .3 . . . . . • , . . . .. , • • • ' . . . • . • • . - •• , . • • • • ,. .. .. . . •••• Slistem..juid 4A it fully charged with Liquld. .4k...bet:E'er, .Mihimum : .4t:imel.or, pump. operation would be approXimateli 7 minutes, though. • ... •the ulti'dite run time should be set after field observation of the . _ . .. .- . system operation. . % _ , , • , .. ...: . • _ . . . . • ' •' • ••• •• . ......... . • • • • retiOrt proposes 4 central pimping tiink6ii)hstructed tanks ari&IpumpA:iinks;* even those -,. .con'Stucte-dOf pre-,cast concrete, are often very difficult to • :waterprOof,:::-ThA,siiroblem,woUld•be 'caipounded by's:the use of : . :. :1, .,conaretebfock: In the event that the 'p*mp .station can be . .:. ,...1 ,, WatetproOled; -i-t: is likely that settlement of the tank will cause structural cracking in the block walls which will allow infiltfation Of ,groundwater and 'exfiltration of septic tank .. . .. • .. .,. .. • . • efflue. _ i ni. The nfiltration of grouhdwater into the central pump . tank or :Into the.indxvIdual septic and pump tanks can cause a • hydraulic dvirloading. of the lOw'preSsure field. . • • ' - The, Morgan report proposes that the individual lot pumps, • :; • ••• • .w -•3-:,r;. - - ..:. ,... z ... .. . pump tanks and septic tanks be installed. and, maintained by individual homeowners. In my opinion, the entire treatment system should be installed by one contractor using the same materials and construction techniques for the entire subdivision. Maintenance „.:e.. ,of t2he,eR4r@,sy,sem_should,.also. he .the responsibility of one • 1 . . : . ,,,t4•APS0.164):_ct-PrOfepn'alsOrganizatibh: whIch haS- deMohstrailithle satis4ctofy experience With Collection, mechanical and soil • 46Tpi3n 41466Afi 'of-Systems similar to those proposed for McLennan's Farm. .,.m. . ..:. . . • ' ' . . . - . . . . . „ • - The oblems-cited, ahove;7:if not addressed, may fatally flaw .p.. ..,,... :•=c; r- :. !.:.• .*....eir3 : .. - . the prOtiosed sewage, siirit. for Motennan's.:Farm., $ubdivisiOh- These _ . - , prO1eirts; 4i1‘.bsp.Of,ipti, however.,Thby pOsiibly' haVing_a-.1arger - . - AraiTeld, ilifferent 'puMt,ing'Cohfigurations,.. fewer' houses, houses -," - . ,, e'ii bedrooms, differeht operAionLand maintehait'Ce , ---i -"--,iiraigeMehts, etc. • • - . , , . . . .. . PKT/itc • . . • Enclosures • . . ._ . MEOCS-22 . ' . . • : - • . •, ,. . ,. . ., • , . - _ r 110 wir..........,.......E_ 1 Mrs. Elinor Moore Irvin 2912 Jones Ferry Rd. Chapel Hill, NC 27516 estin •• iftidelinemet. - may 2 , . ; .. 1 1 Mr. Moses Carey, Jr. Chairman Orange County Board of Commissioners P.O.Bax 8181 Hillsborough, N.C. 27278 Dear Mr. Carey: I wish to express my opposition to the proposed MbLennan'ts Farm Relidential Planned Development on Bowden Road. The density of 14 houses on. 37 acres is more than twice that recommended. by. the consultants Camp, Dresser and Mckee for the University Lake watershed. N4over, the community wastewater system planned for the development is a cause for very serious concern, since such systems have been shown to be unsatisfactory. In addition, so many houses present problems with possible leaking fuel tanks, impervi0 areas, toxic materials in run-off. The possibility of similar development of additional land , if this plan is approved, componnas the hazard to the watershed. Sincerely yours, . ..-a.....4.1..4itlavek.."La.1.,Ark..4, Elinor Moore Irvin . . - . . • • 139 ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 22, 1989 Action Agenda Item # D-4-b SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENTS (ARTICLE 12 - LANDSCAPING AND SCREENING REQUIREMENTS) (ARTICLE 7.20.4J - LANDSCAPING AND SCREENING, MOBILE HOME PARKS) DEPARTMENT: PLANNING PUBLIC HEARING: x Yes No ATTACSMENT(S) : INFORMATION CONTACT: Emily Crudup Extension 574 Proposed Amendment TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 __— PURPOSE: To receive public comments on proposed amendments to Article 12 of the Zoning Ordinance, Landscaping and Screening Requirements. BACKGROUND: Article 12 establishes landscaping and screening requirements that apply during site plan review. Site plans are required for Special Use Permits, including planned developments, for churches, and for building permits on non-residential lots. Last year Section IV-B-8 of the Subdivision Regulations was amended to incorporate some of the screening requirements from the Zoning Ordinance. The • purpose of the proposed amendments to Article 12 is to provide more consistency between the subdivision landscape regulations and the requirements for • landscaping and screening contained in the Zoning Ordinance. Portions of Section IV-B-8 have been added to Article 12 including provisions to establish tree protection 137 Proper /Owners Within 500' T.M. 7.115.24 Aubrey McLennan Rte. 4 Box 477 Chapel Hill, NC 27514 T. M 7.115.9 Nettie Gambill Rte. 7, Box 315 Morresville, NC 28115 • T.M. 7.117.2 Sadie Jones Rte. 5, Box 3 Chapel Hill, NC 27514 T.M. 7.117.56 Charles Vincent 6083 Guild Hall Ct. Burke, VA 22015 • 7.115.24E Faye D. and Frank D. Burgess Rt. 2, Box 503 • Mebane, NC 27302 7.117.56A Mark S. and Carol B. Owens 306 Carol Street Carrboro, NC 27510 7.115.24C William Malcome and Patty D. Greeson 106 Ann Lane Chapel Hill, NC 27516 7.117.25 Clyde H. Bowden Rt. 5, Box 320 Chapel Hill, NC 27514 • 7.117.2B • Arnie and Delores Gold 802 Bowden Road Chapel Hill, NC 27516 ORANGE COUNTY PLANNING DEPARTMENT 136 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 7.-4ge I CERTIFICATE OF MAILING ZONING ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA I, Emily Crudup, Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that on or about May 5, 1989, I mailed, by certified mail, postage prepaid, a Notice of the Public Hearing to be held on the request for a planned development-special use permit for McLennan's Farm, located au gid Greensboro Highway /AR 1005) at Bowden Road (01 1946) , in Chapel Hill Township, to each property owner as required by Article 20 Section 20.6.3 of the Orange County Zoning Ordinance. The notice mailed specified the date, time, place and subject of the Public Hearing on the zoning classification change. WITNESS my hand, this the 17th day of May, 1989. 01:14 &a-EMILY CRUDUP ZONING OFFICER 1.... ,-. ..., 0 ... ... - .;. ,... ea Z. Z. ..... 1.7...*: . 0 I . . 1 .. . . e c= lit:1 7"... 135 . - . it. tr. u.. tr. VI • Z.'• •••• . . • e'; - E m . 0 . E • • in -- -0 .- . "0 . Cr -0 ..-- a) 01 C 1-, U 0 U c.) L. . „x ..... - 0 1... trl in ifl •-• tr: C u", S 6". •-• ra, C T. . ..... 0 - 0 u 111 C 0 ..- v.) 0 L. G.) - -0 .0 t- - C"-- -) 03a10 0 C. 0 L. "0 " CO cd00 ,-, wE L. =I 0 • r0 C.) L. -0 VI• L. U L. L. U -- • 0 • L. • .- C. • ••••• o r: C- 0 0 - 0 0 r; • -- L.. • 0 •- -0 •--1 cl.) 0. -0 I 0 .- 0,) 0 0 1. rD cr - it - 0 ...0 ...-- --, r,..I L. II •-• L. --, C r) 0 ra D. D -- ro a. .-- L. = = .,,,, M. C __ .- L. 0 - ,_ 0 E --; ra - 0- '51 a . Q U W ID ..., C) -- -0' L. G.u -. a.) -- . 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G .� :v U -•, G r C_ N .-+ .> = U -n -4 ~ O .G .. `J• < U s 0 [1] McLENNAN'S FARM SUBDIVISION ORANGE COUNTY, NORTH CAROLINA WASTEWATER FACILITIES PLANNING REPORT. • Prepared fors I 0 • • CHR Associates, P.A. - - Bolin Creek Center Chapel Hill, North Caroina 27514 /.?.:73).--..1 • October,1987 gll ,t' tnr�hfh - CAR p''%. /0„.... . • ,..i-. 4- Aelo,;',\,71,,.. - - s • if P o..,- 4,4 .q Iuu+►� �+ �s1E&, •.F 1. . . ti t fosr-- -.7,, • •w=: CRAIG B. MORGAN & ASSOCIATES, PA.• }'IIIYAT< �"'" - 3= Consulting Engineers O � w4TS� 4! DURHAM, NORTH CAROLINA 27707 . 0 0 waRwT+ow' 7 McLENNAN'S FARM SUBDIVISION ORANGE COUNTY, NORTH CAROLINA WASTEWATER FACILITIES PLANNING REPORT Prepared for: CHR Associates, P.A. Bolin Creek Center Chapel Hill, North Caroina 27514 I ' CRAIG B. MORGAN & ASSOC., P.A. Consulting Engineers • 3325 Chapel Hill Boulevard Suite 150 DURHAM, NORTH CAROUNA 27707 • (919) 493.6836 a CRAIG B.MORGAN AND ASSOCIATES.PA.a-- wr"?' McLENNAN'S FARM SUBDIVISION ORANGE COUNTY, NORTH CAROLINA WASTEWATER FACILITIES PLAN Introduction As urban development continues to spread outward beyond the existing infrastructure support capabilities of local governments, developers must recognize their obligation to insure that their projects are planned and developed in such a manner that the environmental sensitivity of the area is preserved. When a project is proposed within known "Areas of Environmental Concern", conventional approaches to development densities and infrastructure design may not be sufficient to the environmental preservation needs of the area. Consequently, new and more technically complex approaches must be taken to minimize adverse environmental impacts and preserve the ecologi- cal balance within and around the project area. The planning and design of the McLennan's Farm Subdivision reflects the developers awareness of the sites environmental sensitivity and a commitment to the development of a project which will exist in harmony with nature. Background The McLennan's Farm Subdivision, as proposed, is a 14-lot subdivision located off Bowden Road in southern Orange County. The project site is north of Neville Creek, which is a principal tributary to University Lake. Consequently, the project site is in the secondary watershed area for University Lake and thus is regarded as an Area of Environmental Con- cern relative to any land disturbance activity. The proposed development is outside the current Orange Water and Sewer Authority (OWASA) sewer service area, and based on discussions with OWASA representatives, sewer service expansion along Jones Ferry Road to Bowden Road is not anticipated within five years. Major factors affecting the extension of OWASA sewer service to the project area are: 1) Current sewer and water expansion moratorium in effect until April, 1989 for all reservoir watershed areas; 2) Project area is within the jurisdictional area for Orange County. zoning. Under Orange County zoning regulations, no municipal sewers are being permitted within the watershed areas of University Lake; 3) Developers extend sewer systems at their own expense and then turn systems.over to OWASA. Due to the high cost of sewer extension, such action is only feasible for large projects. CRAIG B.MORGAN AND ASSOCIATES,RA............"■°•"*"i 411■••■•••■• Based on the site limitations for wastewater disposal, CHR Associates requested the N.C. Department of Human Resources and Orange County Health Department to conduct on-site soils suitability evaluations for septic tank treatment. Investigations concluded that individual, on-site septic systems could not be approved due to generally poor soils suitability. However, approximately 2.75 acres of land was found to have marginal soils suitable for subsurface soil absorption. The following sections present our recommended wastewater treatment plan and the project approach methodology required to implement the proposed action. Wastewater Process Recommendation The only viable alternative for wastewater treatment in this environment- ally sensitive area is a "cluster" septic tank effluent pumping (STEP) system concept with treatment by individual septic- tank systems with centralized effluent collection and disposal by low pressure subsurface irrigation. The exact size of the system is determined by the area of suitable soil and the soil loading rate established by the Orange County Health Department. Wastewater collection would be provided by a small diameter, pressure sewer system. The proposed system would consist of the following components: 1) Individual residential septic tank/pump tank system (each lot); 2) Small diameter pressure sewer located in street right-of-way; 3) Central effluent processing and irrigation, pumping system; and 4) Low pressure pipe, subsurface irrigation system (LPPS). Although this is not a widely used wastewater treatment concept, nonethe- less it is in use across the State and is regarded by State regulatory agencies as an acceptable method of treatment in areas with special soil or topographic conditions. A more in-depth explanation of the STEP system is provided in Exhibit A in the Appendix. Process Design Parameters The principal wastewater system design parameter influencing size and facility location are as follows: A. Origin & Flow 1) Service Area: 14 lots 2) Source of Waste Load: Single family residence 3) No. of Bedrooms/Residence: 3-1/2 bedrooms 4) Waste Load Assessment: 120 gpd/bedroom 5) Design Flow: 5,880 gpd • Al■ CRAIG S.MORGAN AND ASSOCIATES.PA. • Or B. Proposed Method of Treatment 1) Pre-Treatment (per lot); One 1,200-gal. septic tank One 1,200-gal. pump tank 2) Effluent Transport: Small diameter pressure sewer system 3) Effluent Disposal: LPP drainfield C. Process Design 1) Residential Septic Tank: 1,200 gals. 2) Residential Pump Tank: 1,200 gals. 3) Pressure Sewer System: 3" PVC 4) Irrigation Pump Station: 7,000 gal. capacity, quad- raplex pumps and controls 5) LPP Drainfields: 4 fields at 14,700 sq. ft. each; 100Z reserve area State recommended design criteria for STEP sewage systems is provided as Exhibit B in the Appendix. Process Operation Domestic wastewater generated by single family homes on lots 1-14 will be discharged to a 1,200-gal., pre-cast concrete septic tank. The treated effluent will discharge to a second 1,200-gal. septic tank, which is equipped with a submersible ejector pump and pump controls. Each lot shall have its own septic tank/pump tank system. Each pump tank will discharge to a pressure sewer collection system located in the street right-of-way. The sewer will serve all 14 lots and will transport the septage effluent to a central process pumping facility. The central process-pumping facility shall be a masonry block tank with three separate chambers. Chamber 1 shall be designed for surge equaliza- tion and emergency storage. Chamber 2 shall house three static plate separators (Zabel Filters) which will reduce the effluent suspended solids • level by nearly 40 percent. Chamber 3 shall be a quadraplex pumping cham- ber equipped with mercury float level control switches. Pump operation and dosing will be regulated by a main control panel located above ground.- at the pump tank. The treated effluent is then discharged to two of four drainfields, the alternate dosing of which is regulated by the control panel. The drain- fields have a soil loading capacity of 0.10 gpd/sq. ft. and a total field area of 58,800 sq. ft. Operation and maintenance of the system will be provided by a private contract operation and management firm, who operates the system in accord- ance with State criteria. 1 - -CRAIG S.MORGAN AND ASSOCIATES P.A.•••■■•""="''' I pr_c__)cess_Lar_g_laement The "cluster" STEP system concept of wastewater treatment requires that the service area establish a governing body to oversee the care and regu- latory compliance of the system. It will be necessary for the McLennan's Farm Subdivision to create a homeowners association for the purpose of maintaining the subdivision's wastewater system. The developer's attorney will draft special covenants to insure equal representation by all lot owners. A monthly service charge shall be assessed to cover contract operation, maintenance and management, as well as any capital expenditures associated with maintenance repair and regulatory compliance. Under the "cluster" STEP wastewater management system proposed herein, the developer will install the pressure sewer collection, system, extend sewer service connections to each lot, construct the central effluent processing and pumping station, and construct the 58,800 sq. ft. LPP drainfield system. The individual on-site septic/pump tank installations will be the respon- sibility of each lot owner. The residential pre-treatment systems will be installed in accordance with subdivisional standard specifications, compliance with which will be monitored by the Association's wastewater system manager and the Orange County Health Department. •Etl-g411V1. st2Ytaill4qt"e1.--11at The "cluster" STEP wastewater system has been successfully designed, per- mitted and constructed by Craig B. Morgan & Associates, P.A. The project was a 14-lot cluster within First Flight Village in Kill Devil Hills, North Carolina. The 14 lots were located adjacent to Croatan Sound and were within 100 feet of designated wetland areas. The implementation of the STEP system concepts permitted safe development of lands which were considered to be Areas of Environmental Concern, The process design and technology application was reviewed by the Dare County Health Department, Office of Coastal Area Management (CAMA), U.S. Army Corps of Engineers and the N.C. Department of Human Resources. • The "cluster" STEP system is specially suited to the project site require- ments of the McLenanan's Farm Subdivision and should comply with the goals of the Orange County Planning Board with regard to providing optimum envi- ronmental protection within a developing Area of Environmental Concern. • CRAIG B.MORGAN AND ASSOCIATES.RA. APPENDIX EXHIBIT A — Pressurized Alternative Wastewater System — Septic Tank Effluent Pumping EXHIBIT B — N.C. Department of Human Resources Draft Design Criteria for STEP Systems • i - •CRAIG B.MORGAN AND ASSOCIATE$,P.A. t Pressurized Alternative Wastewater Systems (Septic Tank Effluent Pumping) FULFILLING A NEED CONCEPT DEFINITION . Although many sanitary consulting One of the most difficult problems engineers have had some ex- for today's individual home builder perience with pressure sewers,there and residential developers is finding are others who have had little exposure available land for building homes to the.concept.Therefore,as a start, , • that will readily lend itself to sewage let's define a pressure sewer system. disposal either by on-site systems . or gravity sewers.The price of good A pressure sewer is sometimes land for development has become described as a potable water system so expensive in many areas that it in reverse. By this,we mean a water has forced the individual builder and system will have one inlet pressuri- the residential developers to build zation point and a number of end on what is referred to as undesirable user connections, while a pressure land. These areas can be normally sewer will normally have a pressuriz- described as rocky, contain major ed inlet point at each end user con- elevation differences and may have nection and one discharge outlet at . high water tables. In addition, soil a treatment plant or discharge point. structures in many areas of the The number of end user connections United States do not lend themselves - could be anywhere from a few to to on-site treatment systems, several thousand. A pressure sewer system is made up It is.universally recognized that there of three major segments.They are: is a major need for a more econom- A. Pump package system (basin, ical method of collecting,transport- • pump piping, controls, control ing and treating sewage other than panel,alarm) gravity sewers.This would be espec- B. Servce lines and force mains ially true in areas containing rock, C. Discharge treatment point rough terrain, sparsely settled and high water table areas. There are two primary types of . • pumps used in pressure sewers. One of the most viable alternatives One is referred to as a grinder pump to gravity sewers that has gained a (GP) and the other an effluent pump great deal of attention over the past • (STEP)which is located in or behind several years is the concept of pres- a septic tank. The major difference sure sewer systems.There have been between the two pump types is how over 150 of these systems (100-1500 the solids are handled. connections) installed since 1970 with a large number currently under In the case of GP units, the solids evaluation, design, or installation. are ground into a slurry and pumped Pressure sewers under the US-EPA to a discharge point. With a STEP grants program are defined as alter- pump. the settleable solids and native systems, but not innovative most of the grease accumulation since their performance and reli-. remain in the septic tank. Conse- ability has been proven in over 14 • quently. the STEP pump conveys a years of operation. fairly clear effluent to the discharge point. • - - 1 'CRAIG B.MORGAN AND ASSOCIATES,P.A. ot • . ■ • Service lines from the pump basin Elevated Drain Fields- In this situa- to the street are usually 1-if" ID. tion, the soil conditions near the Type I Schedule 40 PVC solvent welded home are not acceptable for a drain pipe. Force mains will normally be field. Consequently, the effluent is SDR-26 and SEMI PVC pipe with pumped to another location on the elastomeric sealed joints running property which has acceptable soil anywhere from 1-W' to 6" I.D. in conditions. size, depending on the number of Alternate Drain Fields- In this case. house connections. Occasionally, one drain field is not quite adequate polyethylene pipe is used for the for proper field disposal. A second force mains,especially in extremely drain field is installed and the two cold climates, fields are alternated by using a valve and a STEP pump. Cluster Concept-In this application. Septic tank effluent flowing from a STEP pressure sewer can be dis- a cluster of several homes will install charged to a gravity manhole, treat- septic tanks and STEP pumps. The ment plant, lagoon or large drain effluent is then pumped by a field. However, if discharging to a common force main to a drain field gravity manhole, care must be taken located some distance from the to handle potential odor and corro- individual homes. sion problems generating from septic Dosing Fields - In this application, tank effluent. Due to the reduction it has been shown that the effluent in organic and hydraulic loadings, from the septic tank may not flow the cost of treatment would be lower properly by gravity throughout the in comparison to conventional gravity drain pipe.By installing a STEP pump flow, the drain field is dosed by pressure generated by the pump insuring that APPLICATIONS FOR the effluent reaches the entire drain field. EFFLUENT PUMPS In pressure sewer applications we There are basically two markets for normally define a pressure sewer as STEP pumps. One is referred to as a system containing at least 25 pumps onesy-twosy(OT)applications.Here, discharging into a common force we mean that only one or a few main.Most residential STEP pressure STEP pumps will be installed in a sewers are designed with one pump given application.The other market per home.In some pressure systems area is pressure sewer applications, there will be multiple residential con- Specific STEP applications in the nections to one simplex or duplex OT market would be as follows: STEP pump. Apartments/Condos Trailer Parks Due to the administrative problems Schools Small Office . Small Motels - Buildings . of who pays for power,where power Interstate Rest Small Hospitals is connected,obtaining right-Of-ways, Stops .. Homes etc.. the majority of STEP pressure Individual Homes Campgrounds - sewers being installed are using one Intermediate Pump State and Federal Stations Parks . pump per home. The decision on Restaurants Industrial Plants single or multiple pump connections will be up to the design engineer The OT applications for effluent . .and his client based on their specif- pumps differs from grinder pump . . , lc needs. Specific applications for applications as they would relate to discharge.In OT grinder applications STEP pressure sewers are: the sewage is, in most cases, being discharged to a collection system •Small rural communities and ultimately to a treatment plant. -Trailer parks In STEP OT applications,the effluent •Permanent RV campgrounds •Outer suburbs is usually being discharged to a . •Isolated pockets within cities(low lying drain field. areas) •Recreational lake developments Over the past several years, there . •Apanments and condo complexes have been a number of OT STEP •irehistriai plant complexes •Serail variable gravity sewers applications that have been developed that utilize an effluent pump. Some typical examples are: - - 2 ■ ---EliAIG B.MORGAN AND ASSOCIATES;P.A. • 1 • 1 . , EFFLUENT PUMPING For maximum corrosion resistance. EQUIPMENT FOR . the discharge piping, junction box PRESSURE SEWERS and shutoff valve are made of plastic materials.Mercury ball level controls In grinder pump pressure sewer are standard.Some engineers speci- systems there has been only one size fy a redundant check valve to be 10- centrifugal grinder pump (2 hp) avail- cated in service line for added able for installation at the individual protection. An anti-siphoning valve home. However, in a STEP pressure is added to the internal piping if low sewer, the engineer can choose from heads or negative heads (downhill a variety of horsepowers and sizes. runs) are expected to prevent any STEP pumps can be 1/3, .4, 1/2, 1, siphoning action. In most cases, the . 1-1/2 and 2 hp, depending on the cover is made of steel so that it can head and flow requirements.The per- - . withstand the weight of a riding lawn formance, weight, and cost of the mower. Pump basin covers are nor- STEP pumps increase as . horse- many installed flush with the ground power increases. The STEP pumps level. An anti-flotation flange held that are available are basically sump by concrete is provided to prevent pumps, small hp sewage ejectors or the basin from moving upward in modifications thereof. highwater table areas. One of the drawbacks of currently . available STEP pumps is that they • generate much higher flows than PERFORMANCE needed. As an example, a 1/2 hp Since STEP pumps are pumping a STEP'pump can generate up to 80 gpm with shut off heads to 78 feet. clarified liquid from a septic tank. Since the peak wastewater flow there is usually very little problem generated from an average individual with the pump plugging.The risk of home is no more than 8-15 gpm, plugging is greater if an old septic you can see that the flow rates are much tank is used which is generating higher than needed. The high flow ohveearvysoflioidwssdaunedtopoinssfiiibtrlyatsioonm.e carry rates make it more difficult to hydrau- over solids due to infiltration. lically design a pressure sewer and t At one time, it was assumed that will increase pipe sizes. In addition, the high flow rates of the standard a high percentage of old septic tanks effluent pumps can create problems could be utilized as part of a STEP when discharging into a variable pressure sewer.Now,the consensus gravity sewer system. of opinion is that the majority of old septic tanks should be replaced with new ones.One of the problems Septic tanks can be made of fiber- in using old septic tanks is the ques- glass,polyethylene or concrete.Con- tion of how do you determine if the Crete is the most readily available, tank is leaking. By the time you The most common size used is 1000 . pump out the septic tanks, find the gallons,although 500 and 750 gallon leak and repair it (assuming this can size tanks have been used in some be accomplished), it may be less pressure systems. In commercial expensive to put in a new septic tank. applications, larger size septic tanks will be required. Two potential problems associated with STEP systems are corrosion Variations of an audio and visual and odors.'AS previously indicated, alarms are used, although the most . . corrosion can be overcome by popular and cost-effective is a red _ choice of materials.Since the septic flashing alarm light mounted on con- tank is vented through the house trol panel. Most all control panels plumbing system,no outside venting with a disconnect switch are located is required. Care must be taken to outside so they will be easily acces- . insure the cover to the wet well is sible to the serviceman. The prefer- sealed properly. Odors can be a able location of the panel and alarm problem at intermediate pump sta- is on the side of the home or garage tions if vented to atmosphere. This to minimize aesthetic concerns of can be solved by installing an under- the home owner. If desired, the ground venting system. panel can be located at the septic • tank/pump basin and mounted on a . pedestal. ....._...._.__;. 3 CRAIG S.MORGAN AND ASSOCIATES,R:A....----," 1:1232=5=11.11, - SYSTEMS DESIGN CONSIDERATIONS Once the design engineer has made where as gravity lines must be aligned in a Continuous down- a decision to design a pressure ward slope. Deep cuts for gravity sewer system, he must then decide lines become quite expensive, on.design parameters that would especially where rock and high effect the operation of the system. water tables are present. The most important considerations C.Narrow and Shallow Trenches - would be design flow, friction loss. Pressure sewer service lines and pump type, scouring velocity and force mains can be easily installed air venting. in narrow trenches just below the .. - frost line. In the case of the • Friction losses are determined by Sunbelt states,the pipe has to be y laid deep enough for mechanical the Hazin-Williams method with protection. • appropriate C factor. A C factor of D.protection.Equipment & Labor - 150 is used most frequently in STEP Pressure sewers can be installed pressure sewer designs.A scouring with a trencher and be in t The velocity of 2 to 5 f/sec. is normally force mains usually are installed and force mains. However,wever, sincle e a recommended for the service lines in the right-of-ways along the road. a In comparison, gravity sewer in- is percentage of solids and grease In comparison, require large a pawn- is left in the septic tank, some en- gineers use a minimum scouring shovels and it may be necessary velocity of 1 f/sec.. Air venting is to install the mains in the streets. y g - Labor and equipment require- important to prevent binding at the ments to handle large diameter risohigh po in ts of the p ressur e mains. gravity sewer pipe in comparison a n to small PVC pipe can be substan- There is a limit to how many homes tially higher. can be paralleled together in one E.Road and Bridge Crossings - system depending on pump head Small diameter pressure sewer capabilities and the TDH require- service lines and pressure mains ments of the system. About 500 can be bored under roads with homes would be the upper limit with minimum difficulty (assuming no relatively flat topography. rock)since precise slope and align- ment are not critical. Small force mains can be installed across ADVANTAGES OF EFFLUENT bridges without the use of pump • I PRESSURE SEWERS stations. If freezing is of concern. VERSUS GRAVITY the small pipe can be insulated within limitations. A.Small Diameter Plastic Pipe-One _ F. Reduction or Elimination of Pump of the advantages of pressure Stations and Manholes- Another sewers over gravity systems is the advantage of pressure sewers is ability to use small diameter the ability to eliminate manholes plastic pipe for the service lines and pumping stations within limit- and force mains. In pressure ations of the grinder pumps head systems,the service line is normal- capabilities. Manholes are not . ly 1.W' I.D. and 1-W' to 6" I.D. required with pressure sewers. • for force mains. This is in.corn- However, a valve box is recom- parison to gravity service lines of . mended about every 1000 feet or 4"and 6"and gravity mains up to - major change in direction. If inter- 14" and 16" for a comparable mediate pump stations are re- -number of house connections. quired in a pressure sewer system, Consequently, there is a major they are usually much smaller cost advantage in the piping col- pumps and wetwells due to lower lection system for pressure sewers flow requirements. versus gravity. G.Infiltration & Inflow - One of the B.Pipe Alignment - Based on the major problems with gravity sewers pumping capability of the pump, is the problem of heavy infiltration the service lines and force mains . due to broken pipe and leaky can run up and downhill following joints. In the flooding seasons this the contour (within shutoff head can cause problems at the treat- limitations) of the topography . 4 CRAIG B.MORG .P A AN AND ASSOCIATES .A. . , ■ . . ment plant by overloading the chanical equipment which will treatment system due to the heavy have to be serviced in perpetuity. inflows. In the case of pressure This is especially true when an sewers, infiltration is virtually individual pump system is installed eliminated due to the design of a at each home. However, a STEP tight system throughout. pump can be looked upon as H. Service Connections - In older another appliance and is subject communities, the septic tanks are to the same ongoing service usually located in back of homes requirements as a home furnace, with the house plumbing oriented refrigerator, hot water heater, etc. to the back.This can create a prob- Obviously, with the amount of lem of installing a gravity sewer equipment involved,it is important line to the street without changing to have a service capability estab- the house plumbing.On the other fished to handle it. This can be hand,the STEP system will utilize done by a service department the old septic tank or replace it within the sewer authority,or local with a new one. The service line service center established by the can be laid around the house to manufacturer or local pump the street at a minimum cost using representative. small diameter PVC pipe. B.Power Outages-With the holding I.Treatment Plant Size-If the treat- capacity of the pump basin and meat plant is being designed to the freeboard area of the septic . handle flow from a pressure sewer tank, the homeowner has in system only, the size can be excess of 24 hours storage reduced over normal design require- capacity, if the power goes off. ments due to the elimination of Since the national average power infiltration and inflow. . outage is around 2 hours this will provide adequate storage unless J.Water Conservation-Since water the power is off for several days. conservation is gaining a great Hopefully,the homeowner would deal of attention in many parts of refrain from washing clothes and the country,the value of pressure . taking showers during this time sewers in this regard becomes an frame to minimize any problems. important consideration. By elim- With a gravity collections system, Mating infiltration and inflow, the the homeowner can continue to amount of water polluted is re- use the sewage system assuming duced considerably.Since no man- . standby power is available to holes are used in pressure sewers, operate the pumping stations and the drain wastewater from wash- potable water is still available. ing cars and lawn watering doesn't C.Power Costs - With the ongoing end up being polluted by the increase in power costs,a home- domestic sewage and is returned owner is concerned about any in part to the water table, equipment that will increase his K.Land Planning - Public officials electric bill by any substantial in rural areas can limit the amount amount. Since a simplex STEP of population expansion in a corn- pump only operates on the aver- munity by the amount of potential age of 10-15 minutes a day, the growth that-Is sized into the pres- annual power cost will be under sure sewer mains. This alleviates $10.00 a year, based on an aver- some of the fear of rapid growth age kilowatt per hour cost of six if gravity.sewers are installed. cents. Since pressure sewers are more ID.Aesthetics of System - Some adaptable to hilly,rocky and high . - homeowners are concerned about water table areas, the developer the appearance of the equipment has more flexibility in laying out • in their yard. Since the basin his lots for maximum lot,sales cover is buried flush with the dollars in comparison to some ground,it is difficult to notice from restrictions with gravity, the road.Control panels with alarms are attached to the sides of the DISADVANTAGES OF home,making them inconspicuous EFFLUENT PRESSURE except if visual or audio alarm is SEWERS VERSUS GRAVITY activated. The homeowner may . also be concerned about the A.Mechanical Equipment-Probably damage to the premises when in- the major concern of installing a stalling the basin and service line. pressure sewer system is the ad- dition of a large amount of me- . . 5 N ....01■11■■•••■• ....--rdliAIG 8.14046Ail AND ASSOCIATES,O.A. . . Actually, restoration is less of a up,the STEP pump should operate problem than with installing a 4" up to 10-15 years before major over- or 6" gravity service line due to haul will be required (replace seals, the narrow and shallow trenches bearings,motor).During the interim required. some pumps will require service but this should be in the range of 1%of E. Operating Problems - Once a pressure sewer system is started units in operation per year. This up and any initial problems are means that if you have 1,000 units in corrected,the system will require a given project you could expect ongoing service as with any other approximately 10 service calls per sewer system.Occasionally a pump year on the pump. This percentage will plug when some large solid would increase accordingly as you object such as a propylactic gets approached 10 years of operation_ by the septic tank baffle.However, this is a rare occurance. Grease In addition to the pump, there will does not present a potential prob- be service requirements for other tern of fouling controls as in the problems, such as control failures, case of grinder pressure sewers occasional pump plugging, pump air since most of the grease remains lock, etc. These types of nuisance in the septic tank. It must be problems can usually be corrected remembered that the septic tank at the installation site and will ac- of a STEP pressure sewer will count for another 3% of service calls continue to accumulate solids_ per year. This, in conjunction with This will require that the septic - pump failure service calls, would add tank be pumped periodically. up to 4% service calls per year for Based on past experience the pump systems in operation. pump-out cycle should be 10 years or greater using a 1000 It is a general consensus of opinion gallon septic tank. The septage that a once a year preventive main- can be used as a soil conditioner tenance program is helpful to reduc- or fertilizer under proper treat- ing potential service problems. This ment and control. would include removing cover, oper- 1 ate pump manually, exercise shutoff 1 OPERATION & valve,check alarm system and meas- MAINTENANCE ure sludge level of septic tank. One important step to reduce poten- The most important consideration in tial service calls is the education of installing a STEP pressure sewer the homeowners. It is very helpful system, aside from capital costs, is to distribute a pamphlet to the public the effect and cost of ongoing main- describing how a pressure sewer tenance. It is generally recognized works and what the homeowner that pressure sewers will require should do in case of a failure. A list more maintenance than a convention- of "Do's and Don'ts" will reduce the al sewer system due to the large possibility of the user discharging amount of mechanical equipment on unwanted items into the drain system, 'hand. This is especially true if you such as towels,panty hose and cloth- • are installing a pump system at each ing articles. Although the STEP individual home.which would be the • pump is designed to handle small • case in over 80%of pressure sewers solids within reasonable limits, it is installed to date. better to keep such articles out of either conventional gravity sewers or Since.the industry has over 14 years • pressure sewers whenever possible of field experience with STEP pres- In the case of a STEP pressure sure sewer operation, it is possible ' sewer, most of the heavy solids will to offer some observations on their settle to the bottom of the septic tank. operation and sewer requirements. . Experience has indicated that the If a pressure sewer is designed prop- maintenance cost to maintain the erly, installed correctly and quality service lines and force mains is negli- • pump equipment is utilized,the sys- gible. Occasionally a pipe is frozen tem will perform satisfactorily. The or a pipe broken due to excavation submersible centrifugal STEP pump , work in the area. is the most reliable component with- in the pump system.Once any bugs are worked out of system on start 6 _ °"""�— . CRAIG B.MORGAN AND ASSOCIATES,P.A. . _ . RECOMMENDED DESIGN CRITERIA FOR SEPTIC TANK EFFLUENT PUMPS . (STEP) SEWAGE SYSTEMS IIc f.c f a A. Septic Tank 1 . Use two-compartment tank, sized and constructed in accordance with ' sewage regulations. 2. Extend access manhole above sanitary tee to ground surface. B. Pump Tank 1 . Tank must be large enough to provide: - 12 inches of pump submergence, minimum; - 3-minute minimum pump run time (15 gallon per minute minimum pump flow rate); - full day of emergency storage capacity above high-water alarm on level . This may include septic tank freeboard capacity, if effluent will remain below ground and below building drain outlet invert. 2. Tank must be sealed, watertight tank (fiber glass or one-piece, precast septic tank or special provisions for assuring watertight tank indicated) . 3. Anti-buoyancy provisions must be adequate. 4. ; All pipe and wire conduits into tank must be through hubs or fittings made during the construction of the tank and installed in a watertight and gastight fashion. • 5. Tank access riser must extendat least six inches above finished grade. C. Pump, 1 . Must be an effluent pump capable of delivering at least 15 gallons per . minute at the expected total dynamic head at each station. 2. All pumps in a single STEP system must be the same model and size. 3. Pumps must be activated by mercury level control switch(es) . 4. Pump discharge pipe must be of Schedule 40 PVC, or stronger material , and include a check valve, disconnect union, and gate valve within the pump tank. Pump must be readily removable from the ground surface. D. Wires must be conveyed to a watertight (NEMA 4X) , outside, vandal-resistant junction box through waterproof and gasproof conduits, with no splices made inside the lift station. Junction box may be mounted on the outside of the lift station riser above the ground surface. ii • Recommended Design Criteria for Septic Tank Effluent Pumps (Cont.) Page 2 E. Control panel must be mounted on the side of the house nearest the pump. tank and readily accessible. • 1 . Panel must be in a NEMA 4X, vandal-resistant enclosure. 2. Panel must be U.L. listed and include a pump run light and hand-off- automatic (H-0-A) switch. . 3. An audible and visible high-water alarm must be provided. The visible alarm must be visible from the road. The audible alarm must be audible • inside the house and may be located in the house. 4. Two separate circuits must be supplied from the main house electrical panel--one circuit for the pumps and pump controls and one circuit for the high-water alarm. F. Service laterals must be of Schedule 40 PVC, or stronger material , and must include a check valve and gate valve within a valve box adjacent to the property line, prior to connecting into the force main. G. Force main must include a cleanout at the end and at least every 500 feet. Air release valves must be provided at any high spots along the line. H. Surge storage tank must be provided in front of the final common dosing tank with liquid capacity of et least 10 percent the total required septic tank capacity for the project as a whole.to give further solids retention in case of upset at one or more of the individual lift stations. I. Legal Arrangements/Op n eratio and Maintenance'Requirements 1 . Developer or owners association must be responsible for installing the individual lift stations and for continuous station maintenance. They - must retain easements permitting access and maintenance to each lift station and to the electrical controls. 2. Developer or owners. association must retain a licensed wastewater treat- II ment plant operator to be responsible for operation and maintenance of the entire system, including individual lift stations and maintenance of individual septic tanks. 3. An inventory of at least 10 percent of the active pumps, level control floats, and complete control panels must be maintained by the developer or owners association and readily available to the system operator. 4. The tri-party agreement among the developer, owners association, and health department must clearly indicate ownership, operation and main- tenance requirements for the individual lift stations. SB/gb Nov. , 1986 f: • , a MCLENNAN'S FARM SUBDIVISION • BOWDEN ROAD ORANGE COUNTY, NORTH CAROLINA 4-tZ::::] 1.' .tf I PROPOSAL { IFOR • WASTEWATER SYSTEM OPERATION AND MAINTENANCE March, 1989 1 rf I I A-- I - . o 61* '40 (..."44**V..."'".".".1 r........, 041- ;i * , 4 i1 4f 1 r f ` CRAIG B. MORGAN & ASSOCIATES, PA.• - . C Consulting Engineers r0 a **TWA • DURHAM, NORTH CAROLINA 27707 z °tLY n** 4, �` COMTOoU ?® I 1 4,• Rip` �^rp 1 . . - r-Z, :7z r';,-nr47:-•,-;7::'. • 4..-If. 1,5 1; ._J . ..., • CRAIG B.MOR GAN&ASSOC.,P.A. CONSULTING ENGINEERS rivumm n DURHAM,NC 27717-1568 " (919)493.6836 'DATE 1 ADDENDUM NO. 1 . • April 17, 1989 TO: Proposal for Wastewater System suBJEcT . McLennan's Farm Subdivision Operation & Maintenance ......- -- FROM: Craig B. Morgan,. P.E. Bowden Road - - RE: Clarification of Bond and Capital . . . - - Orange County, North Carolina • Improvement Fee . The Proposal for Wastewater System Operation and Maintenance is hereby amended to include further clarification of intent as to the subject of . . . franchise bond and capital improvements account. , . 1 11 Authority to Operate & Maintain I r . • - I _ The wastewater system operator/manager will be a licensed utility , within the State of North Carolina. The McLennan's Farm Homeowners , Association will lease to the utility operator, in perpetuity, all I . ' c portions of the wastewater treatment and collection system located on • common land. By individual homeowner covenants, each lot owner would i ) • grant aright of access to the utility operator for purpose of 1 • on-site operation and maintenance. I D. Franchise Bond A bond in the amount of $10,000 will be posted by the utility opera- 1 tor with the Utilities Commission of North Carolina. All or a por- tion ) of the bond may be forfeited upon appointment of an emergency 1 operator in order to make needed repairs to the system which are deemed the fault of the operator this to negligent operation. Upon - appointment of a new utility franchise operator, an additional 3 $10,000 bond would be posted. • 1 • i . ;. : 21 Capital Improvements Budget . ! 1 • i It is recommended that a one-time fee of $700.00 be assessed each lot 1 as a Facilities Maintenance Fee. The money would be deposited in an t approved lending institution and would be under the management of the i I - operator. An annual report of the account status would be provided [ by the utility operator. The Homeowners Assn. would have the access i . to records authority to verify account balance and expenditures. . 1 i a Sewer Use Fee I . • I A monthly sewer user fee would be charged to the Homeowners Assn. at 1 ) • the utility franchise rate as established by the N.C. Utilities Corn- mission. ) 1 -. • mission. For this project that rate would be calculated at $18.00/ user/month, plus a capital improvements rate yet to be established. - 1 ; 1 The Homeowners Assn. would bill all lot owners for sewer user fees as 3 part of the monthly Homeowners Assn. dues, .. - 1 --- . _..). CRAIG B.MORGAN AND. ASSOCIATES. PA.*-"•-••• I . , , . • 4P a Use of the Capital Improvements Fee The utility operator would have authority to use funds from the Capi- tal Improvements Fund to make all necessary repairs to those portions of the wastewater system within the commonly owned and leased areas. Improvements to individual lot owner facilities would be made by the utility and paid directly by the private homeowner. All administrative and maintenance control over the utility operator would be exercised by the Utilities Commission at the request of the State, County, Town or Commission itself. If the Homeowners Assn. believed that the operator was operating in conflict with his agreement to provide ser- vices, the Homeowners Assn. would appeal to the Utilities Commission to investigate and institute corrective action, if warranted. This Proposal and accompanying amendments is subject to change by the • Utilities Commission. This Proposal and accompanying amendments is offered as a performance 1 - specification only. Actual agreements will be subject to the laws, rules and regulations of the N.C. Utilities Commission. 1 ' Respectfully submitted, Craig B. Morgan, P.E. ••0.\\\ CPtpo , ,, . gitii,% .57 Cf• ts • SEAL . • - _ . • • 7713 11 1. • • ▪ eisicirtt$ ,,,,,,,, 0- B. • • • CRAIG B.MORGAN AND ASSOCIATES,RA. McLENNAN'S FARM SUBDIVISION BOWDEN ROAD ORANGE COUNTY, NORTH CAROLINA PROPOSAL FOR WASTEWATER SYSTEM OPERATION AND MAINTENANCE 1 ii If ® _ CRAIG B.MORGAN AND ASSOCIATES.P.A. "� A McLENNAN'S FARM SUBDIVISION PRIVATE WASTE WATER SYSTEM OPERATION AND MAINTENANCE, Clarification of Intent The Engineer's Report of October, 1987 proposed that the on-site, pri- vately-owned wastewater collection and treatment system would be operated and maintained by a responsible, certified, contractor utility. In view of Orange County's concerns regarding Homeowner Association responsibility for private, subdivision wastewater systems, we have prepared the follow- ing clarification of intent. Responsibilities A. Ownership 1) All comton land (i.e., sewer line corridors and drainfields) will be owned by the Homeowners Association. 1 2) Each residential property owner will own the septic tank and pump tank located on the property. B. System Maintenance 1) The Homeowners Association will contract with a N.C. licensed utility contractor for the periodic operation and maintenance duties associated with the wastewater system. 2) By covenant, each lot owner shall agree to right-of-access by the utility operator for purpose of inspection, routine mainte- nance, emergency service or repair. 3) The utility contractor shall negotiate a contract with the Homeowners Association which will include a "Lease in Perpe- tuity" for all common-lands on which the wastewater system is located. The "Lease in Perpetuity" shall provide for unre- strained access to wastewater utility corridors for purposes of inspection, operation, monitoring and repair. The Lease is only valid to the utility contractor during the contracted operations period and may be transferred to an alternative contractor utility as provided. within the Contractor/Homeowners Association Agreement for service. 4) The utility contractor for operations and maintenance would have full authority to operate and maintain the wastewater system in accordance with State, County and local ordinances, without intervention by the Homeowners Association. 5) The Homeowners Association would be financially responsible for the annual capital costs for system maintenance and improve- ' ments. CRAIG B.MORGAN AND ASSOCIATES,P.A. C. System Liabilities, 1) The utility contractor will be licensed by the N.C. Utilities Commission and by virtue'of the contractor's involvement with the system, the N.C. Utilities Commission will exercise exclu- sive control over the wastewater systems operation, management and regulatory policies. 2) The Homeowners Association, County or local health authorities will have no direct control of the system operator. If non- compliance with State, County or local water quality standards is suspected, the environmental authority having jurisdiction over the alleged violation would have to file actions with the N.C. Utilities Commission who, in turn, would direct the opera.- tor to take corrective actions. 3) The Utilities Commission requires that either the utility con- . tractor or wastewater facility owner post a $10,000 performance bond which is held by the Commission during the life of the utility contract. Should the facility fall into non-compliance while under the operation of the utility contractor, the bond may be used to bring the facilities into compliance in the event that the Homeowners Association fails to take immediate action. 4) The performance bond, which accrues interest at an annual per- centage rate, will be returned to the Homeowners Association whenever utility contracted services are terminated for an extended period. The bond may not be returned if the Home- • owners Association is changing utility contractor services. D. Operations Performance and Reports 1) The contract operator must be a N.C. Certified wastewater sys- tems operator with a demonstrated knowledge of low pressure wastewater disposal systems. 2) The contract operator will file periodic monitoring reports with all State, County and local agencies having jurisdictional authority over the project. E. Implementation of the Proposed Action 1) During the concept planning process the project developer would prepare a proposal for operation and maintenance. 2) A typical contract for services could also be presented for County review and approval. 3) During the design phase of the project, the Owner/Developer would negotiate the services of a utility contractor and draft all contracts for system operation and management. • •CRAIG B.MORGAN AND ASSOCIATES.P A. .4fflawromsomas I" Asymommesamommayoy■— 4) The Homeowner Association agreements and tri-party agreements would be negotiated and approved prior to construction start. 5) Prior to "beneficial occupancy," the utility contractor would have to be hired and all contractual and Utility Commission requirements complied with. 6) Prior to occupancy of the first residence, the wastewater sys- tem.must be certified by the design Engineer and State regula- tory authority as complete and ready for operation. E. Overview Statement The wastewater system operation and maintenance program described above for the McLennan's Farm Subdivision meets all of the commit- ments presented in the Engineer's Facility Planning Report dated October, 1987. Undet this program, the Homeowners Association can be assured of the long-term ownership of wastewater facility assets (land). The County is assured that the operations and management of the wastewater faci- lities is being carried out by competently-trained personnel, under the control of the N.C. Utilities Commission and exclusive of inter- ferences by the Homeowners Association. Under this program of operation, the developer does not have to give up the future development rights to the wastewater drainfield site, in the event that OWASA may some day extend sewer to the area. The Homeowners Association is provided with a regulated operations and management service contractor which is not subject to the Associa- tion's political control. Consequently, there is an assurance that property values will not be jeopardized by a poorly-operated waste- . water facility. The cost of the wastewater management program will be born directly by the Homeowners Association through monthly, quarterly or semi- annual assessments to all lot owners. The County, State and local government is assured of the best prac- tical method of operation and treatment for the McLennan's Farm wastewater system, which will reflect favorably on the long-term impacts on water quality within the University Lake Watershed. 1 . • CRAIG B.MORGAN AND ASSOCIATES, • I SUPPORT DOCUMENTS • THE UTILITIES COMMISSION AND PUBLIC WATER SYSTEMS • by • JERRY IL TWEED DIRECTOR, WATER & SEWER DIVISION Public Staff/North Carolina Utilities Commission I. HOW IS THE UTILITIES COMMISSION SET UP? • There are seven Commissioners and a Commission Staff of approximately 50 people.The Public Staff is separate from the Commission and has an Executive Director and a staff of approximate- ly 80 people.The staffs are made up of attorneys,accountants,engineers,economists,consumer service analysts.court reporters.clerks and secretaries. The Commission Staff advises the Commission and acts as Hearing Examiners on small cases such as most water and sewer applications. The Public Staff performs some of the administrative duties for the Commission and represents the customers as an advocate before the Commission. 2. WHAT ARE THE PRIMARY FUNCTIONS OF THE UTILITIES COMMISSION IN WATER AND SEWER REGULATION? Its primary function is to set rates for utility companies where the customers have no elected officials to protect their interest.The Commission also has broad authority in dealing with customer service problems. The criterion for regulation is that the utility company provides water service to ten or more residential connections or sewer service to the public for compensation.Generally..municipalities. sanitary districts,governmental agencies,and numerous homeowners associations are exempt from regulation. The Commission is responsible for granting franchises for service areas and setting initial rates, approving transfers of franchises,deciding rate increase requests,and dealing with service related problems. 3. WHAT HAPPENS WHEN A COMPANY APPLIES FOR A NEW FRANCHISE? If the Company is not an established company holding other franchises then the application will be scheduled for public hearing.The Public Staff will investigate the requested initial rates and the proposed service and present its recommendation to the Commission Hearing axa nneer at the public hearing.Customers may also testify at the hearing as well as any company The hearing will be conducted as a court proceeding with attorneys.winnesses.and a coon • reporter.Approximately 30 days after the hearing the Examiner will issue a recommended order • in the case. The Hearing Examiner's recommended order is subject to appeal to the full Commission and all the way through the process to the Supreme Court if necessary.Appeals beyond the full Com- mission are rare in water and sewer cases. a, WHAT ARE A COMPANY'S FRANCHISE OBLIGATIONS AND RIGHTS? The franchise obligates a company to provide safe and adequate service and make improvements when required.The Company must also maintain good customer relations.Failure to perform adequately may affect the rates of the utility or it could result in fines.The Commission has the power to go to court and take control of the system away from the owner and place the entire operation into the hands of a court appointed emergency operator.The Commission cannot however take ownership of the system. • With the franchise the utility obtains the right to collect rates and discontinue service.fpr non- payment of bills.It also obtains the right of condemnation and no other privately owned utility may sell water or sewer service within the franchised area. 5. CAN A CITY OR COUNTRY WATER SYSTEM PARALLEL A SYSTEM WHICH IS FRANCHISED? • The franchise does not prohibit a city or county from selling its service in the area,in that they are not under the jurisdiction of the Commission. I know of one case where the utility company.who was being paralleled by a city,sued the City for inverse condemnation.The utility contended that even though the City was not taking its property it was taking us customers and source of income.The suit was unsuccessful but token amount. took a long time.The City eventually paid a t _ 6. ARE THERE CASES WHERE THE COMMISSION HAS ENCOURAGED CITIES OR - COUNTIES TO PARALLEL.A SYSTEM? More often than not the Commission would encourage the paralleling in that many of the systems being paralleled may not be state approved,and may not be providing adequate service. The Comission has had to appoint emergency operators for systems which have been effec- tively abandoned by their owners.Generally when the systems are abandoned they are in a run- down state and it may not be possible or economically feasible to upgrade the system.The com- mission has sought assistance from generally county water systems in these cases.Some coun- ties have been responsive and some have not. *Another problem that often arises under an emergency operator is that the customers must be assessed for the cost of upgrading.If it costs$400 to$500 per customer and it is a low in- come area we are often up against a brick wall. 7. IS THERE A WAY TO KEEP THESE SUB—STANDARD SYSTEMS FROM BEING BUILT? - Often the systems are built and serving customers before the State knows about them. It would be very helpful if the County Building Inspectors would not issue building permits until all necessary tune approvals of the water and sewer system were obtained. Currently many lending agencies will not approve home loans unless the state approvals have been obntained and that has been helpful. Fewer"renegade"systems are now being built. R. ARE THESE COMPANIES REQUIRED TO BE BONDED? In order to try to deal with this situation we recently got Bonding Legislation passed requiring all companies who apply for a franchise after October 1, 1987,to post band.The amount will be a minimum of$10,000 per system with a maximum of 5200,000 per company. All or a portion of the bond may be forfeited upon appointment of an emergency operator in order to make needed repairs to the system without assessing the customers. We are currently considering other solutions to the small water company problem and welcome input from any interested party. 9. ARE THERE CASES WHERE THE COMMISSION WOULD LIKELY DISCOURAGE THE PARALLELING OF A FRANCHISED SYSTEM? In many cases I would encourage the city or county to at least approach the privately owned utility about the possibility of buying their distribution system.Even if the system could not be used a token payment for the distribution system maybe in the best interest of the city or county. the customers and the utility company. On occasion the Commission has encouraged a private company to take over and upgrade a system.A short time after the system was upgraded the county paralleled it and the utility com- pany had no chance to get its money back.Good luck to the Commission if it wants this com- pany to take over and upgrade another sub-standard system in that county. Another problem which arises is that during constructiion the city or county will often cut the existing water lines and the private utility(already mad)will not make repairs.This can result in outages to the customers.It would probably be better if the city or county owned the system being paralleled so that it would be cutting and repairing its own lines during construction. If the utility company wants more for its system than it is worth to the city or county then there will be no choice.I would however recommend at least approaching the private utility up front. 10. WHAT ARE TYPICAL. WATER AND SEWER RATES FOR PRIVATELY OWNED LTILITIES? A typical water rare for a residential customer using 6.000 gallons per month may be$15 and the sewer rate may be$18. The rates vary from system to system based on size of the utility,operating expenses and investment. 11. HOW ARE RATES SET? A utility company under the jurisdiction of the Commission is entitled to have rates which will allow it to cover all of its reasonable operating expenses plus a return.In order to justify its rates it must keep good records of its expenses and investment and submit this information for a 12 month period in the form of a rate increase application. The Public Staff then audits the records of the company and performs a service investigation and presems hs lindmgs and recotrunendations to the Commission in a Public Hearing as previously mentioned. r. Private utility rates are generally higher than municipal rates for several reasons. I)profit vs.non-profit,2)low interest financing vs.conventional rates.3)taxes vs.tax exempt,and 4) large size vs.small. The most outstanding of these factors is taxes. The private utility may find it necessary to collect$1.50 just to realize$1.00 in revenue because of taxes. 12. WHAT WAS THE MOST SIGNIFICANT IMPACT OF THE TAX REFORM ACT OF 1986 ON PRIVATELY OWNED COMPANIES? The act made contributins in aid of construction taxable income to the utility. Previously a developer could construct a$100.000 system and give it to a utility company.Now the utility company may have to pay as much as 570.000 in taxes for taking the system.Most of the utility companies cannot afford to pay the tax and if they could and rate treatment were allowed it would likely double the customer's rates.The Commission has therefore ordered that the tax liability be passed on to the developer,theoretically to be recovered through the sales price of the lots. Developers have been willing to sell their systems to utility companies for$100 to$200 per lot and even give the systems away but they are not very willing to pay a utility company$700 per lot to take the system. Developers will likely look for tux exempt utilities to give their systems to or developers and private utilities may find a way to avoid the taxes. The tux law is subject to interpretation and the next few years with IRS will be interesting. The North Carolina Utilities Commission and most other Commissions of which I am aware support the repeal of this provision of the Tax Reform Act. • • • I ' • GENERAL ASSEMBLY OF NORTH CAROLINA 1987 SESSION RATIFIED BILL CHAPTER 490 HOUSE BILL 747 AN ACT TO REQUIRE A WATER OR SEWER UTILITY COMPANY TO POST A BOND. The General Assembly of North Carolina enacts: Section 1. G.S. 62-18(b) reads as rewritten:. ':(b) *H- Except as provided in G.S. 62-110.3. all license fees and seal taxes. all money received from fines and penalties, and all other fees paid into the office of the Utilities Commission shall be turned in to the State treasury." Sec. 2. A new section is added to Chapter 62 of the General Statutes to read: "§ 62-110.3. Bond required for water and sewer companies.--(a) No franchise may' be granted to any water or sewer utility company until the applicant furnishes a bond, secured with sufficient surety as approved by the Commission, in an amount not less than ten thousand dollars ($10,000) nor more than two hundred thousand dollars ($200,000). The bond shall be conditioned upon providing adequate and sufficient service within all the applicant's service areas, including those for which franchises have previously been granted, shall be payable to the Commission, and shall be in a form acceptable to the Commission. In setting the amount of a bond, the Commission shall consider: (1) whether the applicant holds other water or sewer franchises in this State, and if so its record of operation, (2) the number of customers the applicant now serves and proposes to serve, (3) the likelihood of future expansion needs of the service, (4) if the applicant is acquiring an existing company, the age of•the equipment, and (5) any other relevant factors. Any interest earned on a bond. shall be payable to the water or sewer company that posted the bond. - (b) The Commission shall not require. an applicant to post the bond required by subsection (a) if: - (1) the applicant has posted a bond for the water or sewer system with another State government agency and the Commission finds that that bond satisfies the purposes of this section; or (2) the applicant has posted bonds for other water or sewer systems with the Commission totalling two hundred thousand dollars • ($200,000). (c) The utility, the Public'Staff, the Attorney General, and any other party may, at anytime after the amount of a bond is set, apply to the Commission to raise or lower the amount based on changed circumstances. • • • DOCKET NO. W-100, SUB 5 NOTICE TO WATER AND SEWER COMPANIES REGULATED BY THE NORTH CAROLINA UTILITIES COMMISSION INFORMATION ON THE WATER AND SEWER BOND REQUIREMENT The Commission has received many inquires concerning the implementation of the new bond requirement for water and sewer companies which was established by the General Assembly in 1987. This bond requirement is applicable to all applications for franchises filed with the Commission on and after October 1, 1987. At the time it approves a new-franchise, the Commission will require a bond in an amount not less than $10,000 nor more than $200,000. In response to inquiries received by the Commission, the following questions and answers have been developed for your information: 1) Q. What franchises and transfer of franchises will be subject to the bond requirement? A. The bond requirement applies only to applications for franchises filed on and after October 1, 1987. Once a franchise becomes subject to the bond requirement, the bond requirement will continue to attach to transfers of that franchise. If an application for a franchise was filed before October 1, 1987, no bond is required, and the franchise may be transferred without requirement of a bond. 2) Q. Pursuant to statute the Commission will require a bond in an amount not less than $10,000 nor more than $200,000. Will there be a specific rule of thumb used by the Commission in making its decision as to the bond amount required? A. The Public Staff has recommended that the following formula be used as a general guideline in determining the bond amount: B = ($200 x P) ($25 x E) Where B = bond amount P = proposed number of customers to be served in the newly applied-for service area E = existing number of customers already served in previously approved service area(s). For example, if the Applicant were applying for a new franchise to serve 60 new customers and already has certificated franchises serving 80 customers, the bond amount would be $10,000 calculated as follows: ($200 x 60) - ($25 x 80) = $10,000. Of course the use of this formula may be limited, since the bond amount must be not less than $10,000 nor more than $200,000. In recommending this formula, the Public Staff stated that, depending on each company's specific circumstances, it may recommend more or less than produced by the formula. In making the determination of the bond amount required, the Commission will examine all the evidence on a case-by-case basis and may then require the amount produced by use of the Public Staff formula or some other amount based on the specific circumstances of each case. 1 Asa 3) Q. What is an acceptable security for the bond? A. The Commission Rules R7-37(e) and R10-24(e) presently provide that acceptable securities are: (1) Obligations of the United States of America (2) Obligations of the State of North Carolina (3) Certificates of deposit drawn on and accepted. by commercial banks incorporated in the State of North Carolina (4) Such other evidence of financial responsibility deemed acceptable to the Commission. In response to positions taken by the Public Staff and the Attorney General , the Commission has issued an Order proposing to amend number (4) to read as follows: "(4) Such other evidence of financial responsibility deemed acceptable to the Commission. If the utility proposes to post evidence of financial responsibility other than that permitted in (1), (2), and (3) above, a hearing will be held to determine if the form of the proposed security serves the public interest and if the amount of the bond proposed by the utility should be higher due to its lack of liquidity. At this hearing the burden of proof will be on the utility, to show that the proposed security under subparagraph (4) and the proposed amount of the bond will be in the public interest." This amendment will become effective within 30 days after the date of this Notice unless written opposition to the proposed amendment is filed with the Commission. A copy of the Commission's Order proposing the amendment to (4) is included in this mailing to you. The Commission has also proposed an amendment to number (3) to allow certificates of deposit drawn on savings and loan associations. 4) Q. How may a certificate of deposit be posted as security? A. The deposit may be a certificate of deposit with any bank or savings and loan association. United Carolina Bank (UCB) is the custodian for the Utilities Commission. All instruments, whether or not it is a certificate of deposit, will be held by United Carolina Bank as the custodial agent of the Commission. Unless the security is a certificate of deposit with UCB, the minimum annual handling fee will be 6115 to be paid by the utility company. The name, address and telephone number of the person to contact at UCB is as follows: United Carolina Bank Trust Group ATTENTION: Ginger Carter Floars 3605 Glenwood Avenue Raleigh, North Carolina 27612 Telphone: (919)782-7100 ext. 270 2 - A certificate of deposit should be registered as follows: "UCB as Custodian for the N.C. Department of Commerce FB0 (Name of water or sewer utility company)" The tax identification number to be assigned to this instrument will be as follows: 56-6068972. You should instruct your bank or savings and loan that all interest payments must be paid by check to United Carolina Bank, Attn: Debbie Stephens, P. 0. Box 632, Whiteville, North Carolina 28472. The certificates are normally set up to pay interest either quarterly, semi-annually or annually. UCB will send interest checks to the water or sewer utility company on the 10th and 25th of each month. UCB must collect all interest earned on securities for Form 1099 reporting responsibilities to the IRS. United Carolina Bank will charge the utility's account for custodial services rendered semi-annually each April and October. The fee structure is as follows: Annual Base Fee Per Account $100.00 (The annual base fee will be payable semi-annually) Annual Charge Per Company Per Issue Held $ 15.00 (This fee will be paid semi-annually) Activity Fee $ 20.00 Charge Per Security Transaction e.g. , (delivery, receipt, sale or maturity) Charge For Each Check Written $ 2.00 If all of the issues (or securities) held in the account are deposits with United Carolina Bank, the annual base fee will be $50.00 per year payable semi-annually. , One calendar annual statement will be mailed to each company at no additional charge. If you have further questions concerning this Notice and the new bond requirements, you may also write or call the Public Staff and the Utilities Commission as follows: Ii Public Staff-North Carolina Utilities Commission Attn: Jerry Tweed, Director, Water and Sewer Division Post Office Box 29520 Raleigh, North Carolina 27626-0520 Phone: (919) 733-5610 3 Ais itanagniErainala North Carolina Utilities Commission Attn: Wilson B. Partin, Jr. , Deputy General Counsel Post Office Box 29510 Raleigh, North Carolina 27626-0510 Phone: (919) 733-3969 ISSUED BY ORDER OF THE COMMISSION. This theada.day of - 1988. NORTH CAROLINA UTILITIES COMMISSION Sandra J. Webstster3 Chief Clerk ( SEAL ) • 4 NORTH CAROLINA LEASE OF SEWER PLANT SITE AND COUNTY FACILITY - THIS LEASE AGREEMENT, made and entered into this day of , by and between ( "Landlord" ) and WITNESSET H: 1. Premises. Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, all that certain Lot shown as "Field Area, - - on that map entitled ' in • County, (hereinafter . _ "premises" ) by - Registered Land Surveyor, dated and recorded in the Office of the Register of Deeds of ' in at page refer- ence to which is hereby made for a more particular description . • of same. • 2 . Sewer Facility. Subject to the terms and condi- tions set forth herein, the Landlord leases to the Tenant and the Tenant rents from the Landlord all and every part, whether classified as a fixture or as an item of personalty, of that plant, machinery and equipment (hereinafter "sewer facility" ) located in and upon the demised premises referenced above; provided that, TO HAVE AND. TO HOLD the premises and sewer facility upon the terms and conditions hereinafter set forth. 3. Term. The term of this lease shall commence on the 1st day of • and shall be perpetual; provided that this lease shall terminate at such time that the appropri- ate governmental authorities shall commence provision of sewer services to. the subdivision located in Lebanon Township, Durham County, North Carolina. II'. Rent. Tenant shall pay to Landlord annual rental • in the amount of $ payment for the first year being due and • payable upon the execution of this Agreement, and payment for subsequent years being due and payable on each anniversary of this Agreement. All rental payments shall be made to Landlord at its principal office in Durham, North Carolina, or at such other place as Landlord may designate in writing to Tenant. (a) . The said sewer facility shall at all times be and remain the sole and exclusive property of the Landlord. The Tenant shall have no rights or property interest therein. • • ATTORNEYS AT LAW NORTH CAROLINA • • ! • (b) . The Tenant shall have the exclusive right to use and operate the said sewer facility • so long as same is used for the purposes of providing sewer services for the said . Subdivision, and Tenant is authorized to grant its employees and contractors access to said sewer facility for the purposes of effecting any and all operations, adjustments, repairs, maintenance and inspections as Tenant shall see fit. (c) . Tenant shall keep all the sewer facility in good condition, and shall maintain and make routine repairs and replacements necessary for the continued good working of said sewer facility at Tenant' s ex- pense. Al]. such replacements shall immediately become • the property of the Landlord. 5. Capital expenditures. Landlord shall be responsi- ble for and shall pay for any and all capital expenditures with respect to replacement of any part of the sewer facility. In the event that Landlord and Tenant cannot agree on whether a replacement of any part of the sewer facility is considered a matter of capital expenditure or of routine repair and replace- ment, then Landlord and. Tenant shall choose one arbitrator each, said arbitrators shall choose a third arbitrator agreeable to both arbitrators, and the three arbitrators shall, by a majority vote, determine whether the said replacement qualifies as a matter of capital expenditure or routine repair and replacement. Said arbitrators' decision shall be binding upon both parties. 6. Use. Tenant shall use and occupy the premises solely for the purposes of operating a sewer facility and shall comply with all laws, ordinances, orders, or regulations of any lawful authority having jurisdiction over the premises and the use thereof. 7. Assignment and Subletting. Tenant shall not, without the prior written consent of Landlord, assign this lease or any interest therein, or sublet, the premises or sewer facili- ty or any part thereof, or permit the use of the premises or sewer facility, by any party other than Tenant, except as speci- , • fled herein. 8. Repairs and Maintenance. Tenant shall, at its own expense, make any and all routine and usual repairs and perform routine and usual maintenance as Tenant shall see fit so as to permit the proper functioning of the said sewer facility. Tenant shall further be responsible for the upkeep and general cleanliness of the premises upon which the sewer facility is located, as specified above, including such matters as mowing of . grass, clearing of rubbish and debris, maintenance of fences and gates, and other such matters pertaining to general appearance. Tenant shall maintain the said sewer plant in good order and I . • -2- repair during the term of this lease, normal wear and tear excepted. 9. Property of Tenant. Tenant shall , at the expira- tion or earlier termination hereof, remove all personal property which Tenant shall have placed in and on tie premises, excepting those items that become property of the Landlord pursuant to clause 2(c) herein. All of such property shall, during the term hereof, be at the risk of Tenant only, and Landlord shall not be liable for any loss thereof or damage thereto resulting from any cause whatsoever. 10. Taxes. Tenant shall be responsible for the • payment of all ad valorem real and personal property a esathat may be levied upon the site and sewer facility by ful taxing authority, including assessments of every kind or nature which are now or may hereafter be imposed or assessed upon or with respect to the site and the sewer facility. 11. Insurance. Tenant shall, during the entire term hereof, maintain in force public liability insurance insuring Landlord and Tenant from any loss up to the value of $T Tenant shall, during the entire term hereof, maintain in force casualty insurance in such and Tenant shall agree is hazards and contingencies as Landlord for their protection.wi��,n�nval�.date permit of the site or facility the terms of any North Carolina standard form of hazard insur- ance policy. 12. Damage or Destruction by Casualty.casualty the sewer facility is wholly or partially destroyed by Y ever nature, Landlord shall promptly restore the sewer system to substantially the same condition as existed before tt n ge or destruction; provided, however, Landlord may by to Tenant within ninety (90) days after the date of such damage of destruction, elect, at its option, not to restore or repair the system and Landlord may thereafter, at its option, cancel this lease. 13. Eminent Domain. If the whole of the premises, or such portion thereof as will make the premises unsuitable for the use contemplated hereby, be taken under the power of•eminent domain (including any conveyance in lieu thereof) , then the term hereof shall cease asrefitale Shall possession accoun accounted thereof for is taken n as between the condemnor, and rental Landlord and Tenant as of that date. If any lesser portion of the premises is thus taken, rental shall abate shall proportion rtve any the loss or l use occasioned ny p thereby. Tenant made to or received by right or claim to any part for such taking or right or claim againLnlorde for r, the value of the unexpired term of this lease; provided,aihsw tee Tenant shall not be prevented from making a claim against -3- MMIIIMMINIMMM 4 condemnor (but not against Landlord) for any moving expenses, loss of profits, or taking of its personal property (other than its leasehold interest) to which Tenant may be entitled. 14. Indemnity. Tenant shall defend, indemnify and hold harmless the Landlord from and against any claims, damages, or expenses, whether due to damage to the premises, claims for injuries to persons or property, or administrative or criminal action by a governmental authority, where such claims, damages or expenses result from the negligence, misconduct or breach of any provisions of this Lease Agreement by Tenant, its agents, employees of invitees. 15. Landlord's Entry. Landlord may enter the premis- es at reasonable times and in a reasonable manner to inspect the premises and sewer facility, to comply with the Landlord' s obligations under this Lease to make repairs or renovations as required in connection with adjoining lots. • 16. Expansion of Subdivision. In the event that Landlord or any assignee, purchaser, or successor in interest expands the Subdivision by developing additional phases, sections, tracts or lots, said developer shall consult with Tenant with respect to the capacity and capability of the said sewer system to cope with the provision of sewer service to said additional phases, sections, tracts or lots. Tenant shall bear no responsiblity for the costs, if any, of said developer tapping onto and extending the service of the said sewer facility to any additional real property. Landlord covenants on behalf of itself, its assigns and successors in interest, that in the event that additional phases, sections, tracts or lots shall be added to the sewer system, that the said developer shall cooperate fully and take all reasonable steps necessary to assist Tenant in obtaining the approval and consent to the. said expansion of all regulatory authorities. 17. Quiet Enjoyment. If Tenant shall pay the rent and perform and observe all of the other • covenants and condi- tions to be performed and observed by it hereunder, Tenant shall at all times during the term hereof have the peaceable and quiet enjoyment of the premises without interference from Landlord or any person lawfully claiming through Landlord, subject, however, to the terms of this Lease Agreement. 18. Estoppel Certificate. Within 10 days after written request therefor by Landlord or any mortgagee or trustee under a mortgage or deed of trust covering the premises, Tenant - shall deliver in recordable form a statement to any mortgagee, - trustee or other transferee, or to Landlord, certifying any facts that are then true with respect to to this Lease Agreement, including without limitation (if such be the case) that this • Lease Agreement is in full force and effect, that Tenant is in possession, that Tenant has commenced the payment of rent, and that Tenant claims no defense or setoff to the due and full performance of its obligations under this Lease Agreement. • • -4- • 19. Notices. All notices provided for in this Lease Agreement shelf-177ra writing and shall be deemed to be given when sent by registered or certified mail addressed (a) North (b) To Tenant , North Carolina ..and (c) to the holder or holders of any mortgage or deed of trust covering the premises at such address as such holder or holders may have given by notice as herein provided. Either party hereto, or any such holder, may from time to time, by notice as herein provided, designate a different address to which notices to it shall be sent. 20. Governing Law. This Lease Agreement shall be construed and enforced in accordance with the laws of the State of North Carolina. 21. Nature and Extent of Agreement. This Lease Agreement, including the exhibits, contains the complete agree- ment of the parties regarding the terms and condiitons of the lease of the premises, and there are no oral or written condi- tions, terms, warranties, understandings or other agreements pertaining thereto which have not been incorporated herein. This lease agreement may. be modified only by written instrument duly executed by both parties or their respective successors in interest. 22. Short Form. Upon request by either party, the parties shall execute and record a memorandum or short form of this Lease Agreement setting forth such provisions hereof as either party may wish to incorporate. IN WITNESS WHEREOF, the parties herto have duly execut- ed this Lease Agreement under seal as of the date and year first above written. LANDLORD: • • 1-3 Lo PREFACE It is the particular nature of a market economy, in land and buildings as well as in other commodities, that decisions about how resources should be used are made for one piece of property at a time and by individuals who base their decisions on the pattern of land use known to them at that particular point in time. The individual decision-maker is free to ignore the effect of his decision on other people and other properties not directly involved. The pattern of land use in Orange County is the result of the cumulative impacts of individual decisions regarding the use of land in the past. The land use planning process and the Orange County Land Use Plan which emerged from the process seek to coordinate the individual decisions impacting on the land, into a County-wide perspective as to the desired and appropriate patterns of land use and development in Orange County. The perception that + land use planning is both important and necessary is not a false or unfounded perception. The magnitude and direction of change in Orange County requires an appropriate and well thought-out response regarding the future pattern of land use and development in the County or the end result may not be as desirable as development patterns in the past. The_Orange County Land Use Plan seeks to manage the forces of change to insure an appropriate and desired pattern of land use. It is not the result of an arbitrary set of decisions, but is based on an analysis of economic and demographic forces contributing to the existing land use pattern. It presumes that the County can exert some measure of control over the future character of the County through understanding the factors which defined its past and present character and by making conscious decisions about what is desirable and appropriate concerning the management, growth and development of Orange County in the future. Essential to this decision-making process about the future character of the County is the participation of County citizens in the land use planning activity. The citizen participation strategy adopted by Orange County considers the citizen involvement experience as one that provides the opportunity for achieving a more responsive and effective public decision-making process. It is through the open and inclusive participation of the County residents that broad support of the Orange County Land Use Plan and process and its effective implementation can be assured. 1.0- INTRODUCTION 1.1 ORANGE COUNTY LAND USE PLANNING PROCESS Since the mid-1970s Orange County has been involved in the process of upgrading its land use ordinances and developing a land use plan for the-County. On February 6, 1967 a Zoning Ordinance was adopted for Chapel Hill Township. On December 4, 1967 Subdivision Regulations were adopted for this same township. Both these ordinances were prepared by the Triangle J Council of Governments' planners. One enforcement officer, together with the Planning board and Board of Adjustment, had the responsibility to implement these ordinances. On March 2, 1970 the Zoning.Ordinance and Subdivision Regulations became effective in Eno Township. In September, 1974 the County began to enforce the North Carolina State Building Code. This code is enforced by the County in all Townships and in the Town of Hillsborough. Thus, by 1975 Orange County was enforcing several land use related codes and ordinances. In early 1975 the Orange County Planning and Inspections Department was formed to handle these various codes and ordinances under one director. In June, 1976 the Department produced a report entitled A Planning/Management Process for Orange County with Recommendations for sound Land Development. The report contained a Land Classification System for the County and a Sketch Development Plan for Chapel Hill Township. Both were adopted by the County Commissioners. The Sketch Plan for Chapel Hill Township contained policies related to land use and general guidelines for growth and development in the area of the County. The Planning and Inspections Department sought to involve citizens in the development of the plan. A list of County organizations and leaders was developed and meetings held to acquaint citizens with the Planning Department staff and to familiarize the staff with local planning issues. In the fall of 1977, township Advisory Councils were organized in all seven Townships for the purpose of involving people in the development of a county-wide Land Use Plan. The membership of these councils is open to all interested people. The Councils for two years until January, 1979 when additional amendments to the ordinance were adopted. The Advisory councils immediately became involved in reviewing revisions to the Subdivision Ordinance in the preparation for extension of the ordinance to all areas of the County. The ordinance was extended county-wide in March, 1978, but the process of, adoption and subsequent amendment fully involved the Advisory Councils for two years until January, 1979 when additional amendments to the ordinance were adopted. In that same month, January 1979, the Board of Commissioners adopted a work program for the Planning Department which included as an objective the adoption of land use plans for Bingham, Hillsborough, and Cheeks Townships. That objective was subsequently expanded to include adoption of a county-wide land use plan. Between January, 1979 and February, 1981, each of the Advisory Councils held regular meetings staffed by the Planning Department. Over 75 such meetings were held. The Council members discussed planning issues and, out of the issues defined, seventeen goals were eventually drafted. These goals were reviewed by the Planning Board and adopted by the Boatd of Commissioners in February, 1980. During this same time, the Planning Department developed base maps and carried out the necessary technical studies on population, existing land use and natural conditions among other planning elements. The Advisory Councils developed preliminary or sketch land use plans for their individual townships based on their own knowledge of their Townships and the information that the planning staff had gathered. These plans were reviewed by the Planning Board and Joint Public Meeting of the Planning Board and Joint Public Meeting of the Planing Board and Board of Commissioners was held in August, 1979 to receive public input on these plans. After the Joint Public Meeting the Advisory Councils worked at further refining the individual township plans. This work was completed in February, 1981, at which time the Planning Board began review of the Plan. The Board of Commissioners also held several work sessions at which planning staff explained the details of the Plan. Throughout this process two areas of land use planning were of special concern to the Board of Commissioners: agricultural preservation and water resources protection. In 1979 the Commissioners created two task forces composed of people from across the County with expertise or special interest in these areas to study the issues involved and report to the Board on their finding and recommendations. The results of their work was to feed into the Land Use Plan as supporting information. The Water Resources Task Force and the Agricultural Task Force met for two years following their appointment by the Board of Commissioners in 1979. Their efforts + resulted in two task force reports: The Water Resource Task Force Report, completed in May, 1981, and To Preserve Our Farms: Final Report of the Orange County Agricultural Task Force, completed in June, 1981. The Board of Commissioners adopted the Agricultural Task Force Final Report on September 15, 1981 and directed that it be used as the "framework" for the implementation activities of the Advisory Board referred to in the Report. During the same period of time when the Task Forces' were completing their reports, the work on the Land Use Plan was also in its final stages. The Proposed Land Use Plan for Orange County was completed in May, 1981. Joint Public Hearings on the Proposed Land Use Plan were held by the Board of Commissioners and the Planning Board on June 4 and July 7, 1982. At that hearing public input was also received on the proposed Zoning Ordinance to be enforced in Chapel Hill, Bingham, Hillsborough, and Eno Townships. The Planning Board recommended adoption of the Proposed Land Use Plan F to the board of Commissioners on July 7, 1981. The Board of Commissioners officially adopted the Land Use Plan on September 2, 1981. At this time the Board also adopted the Zoning Ordinance text and--Zoning Atlas and approved the extension of zoning to Hillsborough and Bingham well tool for The Zoning Ordinance an d Atlas serve implementing the Land Use Plan. -delete chart- The Planning Process chart which follows illustrates the course the979. preparation of the Land Use Plan has taken since the beginning of Since the Plan's adoption in 1981, there have been several changes to the"document, including a change in name to accurately reflect the fact an that this document is but one facet of the overall lhCComprehensive Pland for Orange County. It is from this premise Use Element of the Comprehensive Plan, was born. A five-year update of the Township Components of the Plan yielded a number of changes from 1986-88. The ten year review, to occur in 1991, will examine the function of both the text and township components of the Land Use Element. I I , ob-da 2 .0 COUNTY-WIDE PLAN 2.1 PURPOSE The primary requirement for effective planning is the availability and adequacy of data and information about existing patterns and trends in the planning environment. This necessitates the examination of demographic, economic, physical, environmental and existing land use features in the County. The value of this basic information and data cannot be overestimated. it provides the framework for determining the magnitude, type and direction of future development, both expected and desired, in Orange County. The County-Wide Profile contains information and data specific to certain aspects of Orange County. The Natural Environment sections addresses environmental features and constrains to development. The Existing Land Use and Infrastructure section provides general information on the County and its township components. The Water Resources and Agriculture sections address two major planning issues in the County and are summaries of the Water Resources and Agricultural Task Force Reports. The Transportation section gives an overview of the interrelatedness of the Transportation Element and Land Use Element of the Comprehensive Plan. The Energy section describes energy use trends in Orange County, while the Population and Employment sections profile the economic and demographic characteristics, trends and projections for the County and constitute the single most important data base for the Land Use Plan and the planning process. po T1 1LJ 2.2 NATURAL ENVIRONMENT THE NATURAL ENVIRONMENTAL FRAMEWORK The natural environment is an integral component of the planning process, providing the physical context within which land use activities occur. Relationships among the various elements of the environment constitute the natural systems which, under certain circumstances, pose constraints to the development potential of land. The constraints do not necessarily prohibit development; rather, they may instead require mitigation that can impact upon the form, design, or pattern of the proposed development. The basic environmental goal incorporated into the Land Use Element is the minimization or elimination of the negative impacts on a particular natural system caused by development activities. Ignoring such potential impacts will inevitably lead to negative consequences. Because natural systems are interrelated such. consequences do not stop at property lines, but affect the general public. The protection and appropriate use of the natural environment is thus both a private and a public responsibility. The primary elements of the natural environment which are incorporated into the formulation of the Land Use Element include: GEOLOGY mineral resources, unique geologic features ground water yield TOPOGRAPHY physiographic features slope HYDROLOGY drainage patterns surface and subsurface water resources floodplains and flood prone areas water supply watersheds SOIL CONDITIONS suitability for various uses such as construction, sewage disposal, and agriculture 2.2 text 1 r7Th'') 'r e - UNIQUE NATURAL AND CULTURAL FACTORS environmentally sensitive areas historic sites The interaction between these elements are the foundation of the life supporting characteristics of the natural system. These elements, both individually and in combination, can place constraints on the ability of the land to support development. Some of these elements pose constraints throughout the entire County. Others are site specific. Where individual constraints to development overlap, the result may be a multiplier effect. The constraint to a site posed by a combination of several environmental features may be more than the sum of each factor considered separately. Often, the existence of a particular feature or features will lead to the designation of an area as environmentally sensitive or critical. This type of environmental information is used, along with other locational criteria, to suggest where and what type of development is most appropriate for Orange County. It is particularly important to identify constraints in the area most likely to be developed over the next twenty years. ANALYSIS OF ENVIRONMENTAL ELEMENTS AND CONSTRAINTS Geology Geology refers to the physical history of the earth, the materials of which the earth is composed, and the processes by which its features undergo change. The bedrock geology of Orange County is fairly complex, but can be discussed in terms of three major rock types: 1) Low grade metamorphic rocks of predominantly volcanic- sedimentary origin. These are part of a large distinctive rock unit that extends from central Georgia to southeastern Virginia, known locally as the Carolina Slate Belt, 2) Intrusive rocks of granitic composition that can be found in the northwestern corner, of Orange County and scattered throughout the Slate Belt, and 3) Triassic rocks, found in a small area of southeastern 2.2 text 2 _ LuD3 ff-1 Lin ,4.4,1 • Chapel Hill Township. These rocks are sedimentary in origin and are formed by erosion of material from the upland Slate Belt. Geologic characteristics have a direct impact on a number of environmental features which can constrain development. These include ground water yield, topography, slope, and earth resources. Natural Resources Certain lands are capable of producing valuable products. Prime agricultural land, managed forest land, mineral deposit sites, and other land from which items of value can be produced are major natural resource areas. These are areas which are or could be economically productive because of specific natural characteristics such as soil conditions, vegetation, or mineral deposits. These characteristics present a level of constraint to development relative to the value assigned to the protection of each use of the resource. Topography Physiographic Features - Orange County is located in the geographic province of North Carolina known as the Piedmont. his area is characterized by gently rolling topography drained by small streams which have cut "V" shaped valleys. Elevation generally ranges from 700-800 feet in the northern part of the County to 200 feet in the extreme southeast. The highest point in the County is Occoneechee Mountain, with an elevation of 859 feet. Slopes - Slope indicates the relative suitability of vacant land for future development. Excessive or steep slopes are a factor in many environmental problems and can significantly increase the vulnerability of land to damage from human activities. The potential for erosion and resulting sedimentation from areas laid bare by construction activity increases as the slope increases. Steep slopes also pose a problem for septic tank filtration systems. Effluent traveling down slope which hits an impermeable layer, such as a shallow bedrock, can travel laterally and emerge at the surface, causing health and aesthetic problems. Land with a slope of less than 5% is considered moderately sloping and is capable of accommodating most types of development activities not requiring extensive tracts of level land. Slopes exceeding 5-15% (15 feet of vertical 2.2 text 3 • , change per 100 feet of horizontal distance) offers an obstacle to potential development. Such land is considered generally unsuitable for intensive development and economically unfeasible for building utility facilities. The presence of steep slopes does not, in and of itself, prohibit development. When it does coincide with other constraining features, though, future growth should be directed towards less sensitive areas. This action also serves to direct development away from areas with generally higher development costs. Steep slopes generally found in the southeastern section of Orange County. They are also associated with major stream channels county-wide. Hydrology Hydrology deals with the occurrence and distribution of water. More specifically, it includes consideration of precipitation, stream drainage systems, surface and subsurface water resources, and flooding potential. • Orange County receives about 43 inches of precipitation annually. Normally, the precipitation is distributed fairly evenly throughout the year. The driest season is the fall when rainfall averages slightly less than three inches per month. July and August are the wettest months, when precipitation is augmented by thunderstorms Drainage Patterns - Orange County is in the headwaters of three major watersheds. A small portion of Cedar Grove Township drains north into the Roanoke Basin. Much of northern Orange County lies in the Neuse Basin. The main streams of the Orange County portion of this basin are the north and south forks of the Little River and the Eno River, which join to form the Neuse River in Durham County. The Neuse empties into the Pamlico Sound at New Bern. 1 The southern and extreme western portions of the County are part of the Cape Fear Basin. Major streams of this basin that either lie within or border Orange County include Cane 1 , Creek, New Hope Creek, Morgan Creek, and the Haw River. All flow into Jordan Lake and eventually the Cape Fear River in Chatham County. The Cape Fear empties into the Atlantic at , Wilmington. Water Resources - Several sub-basins within the Cape Fear and Neuse Basins are existing public water supply watersheds. In 2.2 text 4 " L ',.: the Neuse Basin, the Upper Eno sub-basin contains Lake Orange, Corporation Lake, and Lake Ben Johnson. These lakes serve Hillsborough, Efland, and portions of Alamance County. University Lake, draining the Morgan Creek sub-basin, and the Cane Creek Reservoir, both in the Cape Fear Basin, serve as water supply to Chapel Bill and surrounding areas. Because these areas contribute to the public health and safety in the form of drinking water supplies special land use protection measures are necessary for the areas' protection. Measure designed to ensure high water quality are discussed in later sections of the Land Use Element. Stream Systems - [section deleted] Floodplains - Floodplains are those areas which will be inundated by water in a specific storm event generally referred to as a "100-year flood" . Such a storm has a one percent probability of occurring in a given year. Floodplains can be further divided into two areas on the basis of hazard potential. The floodway is the area within and adjacent to the stream banks required to discharge the 100-year flood without raising the water surface elevation more than one foot above base flood level at any point. Obstacles in the floodway can disrupt this function, increasing the potential for flood damage. The floodway fringe is the area bordering the floodway which will be inundated during a flood and hold the floodwaters until they can be carried away in the floodway channel. In addition to the 100-year flood, consideration is also given the 500-year flood prone area. A 500-year flood is one with a probability of one in five hundred of occurring during a given year. The relative probability of these two storm events suggests fewer constraints, thus minimal or less land use regulation in the 500-year flood prone area. The U.S. Army Corps of Engineers prepared maps at a scale of 1"=1000' for_ Orange County showing both the 100 and 500-year floodway fringes for all streams draining more than one square mile of land. Orange County applied and was admitted to the federal Flood Insurance Program and subsequently adopted a Flood Damage Prevention Ordinance on March 2, 1981. This ordinance constitutes a major regulatory tool affecting the use of land constrained by flood hazards. 2.2 text 5 • SOIL CONDITIONS [First Paragraph deleted] Perhaps no other natural environmental factor in Orange County is as much a determinant factor on land use and land development as soil conditions. Soil characteristics such as depth to bedrock, permeability, shrink-swell potential, erodibility, and drainage are crucial factors in influencing land use. Constraints to development may only be slight. They may also be so severe as to deter development altogether from a given site. In general, as the severity of the soil limitations increases the cost of site preparation and construction also increase. The Soil Conservation Service (SCS) completed a soil survey of Orange County in 1976. Each of the thirty-eight soil types in Orange County are described in terms of characteristics, potential uses, and management requirements. [rewrite section, no longer referring to the matrix system] UNIQUE NATURAL AND CULTURAL FACTORS Environmentally Sensitive Are - Certain areas in Orange County possess unique or exemplary natural characteristics which are considered to be of great value; be it economic, educational, biological, or in some other sense. A natural area, as defined by the Triangle J Council of Governments, is "any space containing an unusual or exemplary biological habitat, geologic feature, or hydrologic location. " Natural areas can be broken down further into additional classifications: Endangered Plant/Animal Sites - habitats of species identified as endangered. Threatened Plant/Animal Sites - habitats of species that, while not endangered statewide, are rare and threatened with major habitat loss and population decline in Orange County. Special Plant/Animal Site - habitats of species that, while rare, are not yet endangered or threatened and exist in small populations, are targets of exploitation, and vulnerable to specific pressures. Plant Communities - sites whose forest canopy, understory, and herb/vegetation layer is either unique 2.2 text 6 mt. 77s — t . , * or of a particularly high quality. Exemplary Geologic Formations - exposed geologic formations of a particularly high quality or unique to the area. The Natural Heritage Program of the North Carolina Department of Natural Resources and Community Development, and the Triangle Land Conservancy have identified over thirty separate populations of. endangered species along with numerous additional plant communities and other natural areas in Orange County. These areas include public lands such as Eno River State Park, quasi-public lands such as Duke Forest, areas with multiple private owners such as Occoneedhee Mountain, and small sites in single private ownership. The presence of these unique natural features in Orange County suggests that special efforts should be made to manage these areas and sites so as to conserve and protect those characteristics that make the site biologically or' geologically important. This may include regulatory measures to insure protection or preservation of those features. Historic Sites - Although sites of historic and cultural significance are part of the man-made environment and not natural features they, nevertheless, are unique physical features that can have an impact on growth patterns within the county. Thus, they require treatment similar to unique and exemplary natural features and merit considerarion in this section. Orange County, founded over 230 years ago, is an area rich in history. Chapel Hill, Carrboro, and Hillsborough each have Historic Districts and other buildings on the National Register of Historic Places. There are additional National Register Sites in Cheeks, Hillsborough, and Bingham Townships. The North Carolina Department of Cultural Resources has also identified over twenty sites in rural sections of the county that, while not yet nominated or eligible for the' National Register, are architecturally significant or important to the history of Orange County.. While existing buildings are perhaps the easiest historic sites to document they are by no means the only ones. Numerous mills once provided for the economic well-being of the county; many of, the dams and raceways still exist. Over 150 cemeteries and burial sites provide a record, in many cases the only record, of the lives and deaths of Orange 2.2 text 7 — •- County residents. The Archaeology Branch of the North Carolina Department of Cultural Resources has identified nearly 200 archaeological sites in the county, recommending further study for many of them. Churches and rural community centers, including recreational facilities, should also be acknowledged as unique physical features. Their existence imparts an identity and cohesion to rural communities and neighborhoods that can benefit the planning process. While church buildings may be of recent vintage and not of historic value, the same does not necessarily hold true for the congregations. Over twenty Orange County congregations have been in continuous existence for at least 150 years. A list of culturally and historically important sites, along with natural areas, is contained in Appendix D: An Inventory of Sites of Cultural, Historical, Recreational, Biological, and Geological Significance in the Unincorporated Portions of Orange County. As information on new sites is gathered or information on existing sites changes the inventory may be updated administratively by the Planning Department Staff. 1 Southern Highlands, Mountain Resource Management Plan, 1974. North Carolina Department of Natural and Economic Resources, Division of Parks and Recreation. Areawide Water Quality Management Planning, 208 Project Inventory of Existing Uses. P. IV Gl. 1976. Triangle J Council of Governments. 2 Classificafications of endangered, threatened, and special species according to Endangered and Threathened Plants and Animals of North Carolina, 1977 . North Carolina Museum of Natural History. 2.2 text 8 r:\ 2.3 WATER RESOURCES changes in bold WATER SUPPLY' Orange County is one of the fastest growing counties in North Carolina. Data from the 1980 Census showed that the County had grown by 36% during the previous decade. From 1980 to 1988, County generated population figures estimated the County had grown by another 33%. The location of Orange County within the Research Triangle area in the Piedmont Crescent indicates the growth rates experienced over the past two decades are likely to continue. While this growth will present many opportunities for the people of Orange County, planning must insure that the expected growth is orderly and that public facilities are services, like adequate supplies of water, can be made available as they are needed. An adequate supply of drinking water is one resource often taken for granted. A sufficient supply of good quality water, though, is not automatically available. With the exception of the Haw River, which forms the southwestern boundary of the County, no major waterways flow through Orange County. Orange County is an upstream, or headwaters, county. Ridge lines separating three major drainage basins, the Cape Fear, the Upper Neuse, and the Roanoke, lie within the County. As a result existing and potential public water supply watersheds are relatively small. Ground water is the only supply available to persons in the vast majority of rural areas in the County. Approximately 26% of the County's population, some 27,000 residents, are currently supplied with water from ground water resources. These people generally reside outside the towns of Carrboro, Chapel Hill, Hillsborough, and Mebane, their extraterritorial jurisdictions, and the community of Efland. These areas are served by surface water impoundments. In rural areas, home and farm needs can adequately be met by flows as little as two or three gallons per minute. Data from wells drilled in Orange County show that nine out of ten wells drilled yield 1The following sources are used for information on Orange County water resources and can be consulted for more detailed information: "Report of the Orange County Water Resources Task Force, " May 1981. "Report of the Orange County Long Range Water Management Strategy Committee," November 1987. orange County Water Supply Study, Phase I, Hazen & Sawyer, November 1987. 2.3 text 1 r , at least two gallons per minute. Some wells yield fifty gallons per minute or more. Thus ground water conditions in Orange County are generally adequate to meet the needs of single households and farm uses in rural areas. While ground water reserves are estimated to be quite large, the crystalline fractured rock of the Piedmont make ground water use impractical for most uses other than small scale residential development. This situation forces most urban areas in the Piedmont to rely almost exclusively on surface water reservoirs for public water supply. The majority of Orange County residents are supplied by water from two publicly owned water systems and one privately owned water system. The public systems are the Orange Water and Sewer Authority (OWASA) , which serves southeastern Orange County, along with small portions of Durham and Chatham County, and the municipal system for the Town of Hillsborough. The private system, the Orange Alamance Water System (OAWS) , is a is non-profit association serving western Orange County. Orange Water and Sewer Authoritv (OWASA), OWASA was created in June 1975 by Orange County and the Towns of Carrboro and Chapel Hill to purchase, operate, and develop the water and sewer system then owned by the University of North Carolina at Chapel Hill. The system is authorized by law to operate and maintain water and sewer system located in southern Orange County, to issue revenue bonds to pay for such operation and maintenance, and to set fees for the provision of water and sewer services. OWASA has no taxing power. It is administered by a board of nine members appointed by the Carrboro Board of Aldermen (two members) , Chapel Hill Town Council (five members) , and Orange County Board of Commissioners (two members) . The OWASA system draws from two primary impoundments. Adjacent to Carrboro on the west in University Lake, constructed in 1932. Its current 20 year safe yield is 3.5 million gallons per day (mgd) and is expected to decrease to 3.0 mgd by the year 2025 due to accumulations of sediment. A 20 year safe yield means that for one year in twenty there will be some period for which a water source cannot supply a given amount of water. It is a widely accepted basis for evaluating and designing municipal water supply reservoirs. 2.3 text 2 1 The Cane Creek Reservoir in Bingham Township, completed in 1989, provides the system with an additional 10 million gallons per day (mgd) . University Lake is augmented by raw water 'storage in the former American Stone Quarry NC54 west of Carrboro. The 20 year safe yield of the quarry estimated at 0.5 mgd, giving OWASA atotal currentr20k year safe yield of 14 mgd with the completion Reservoir. OWASA is interconnected conneatian isethrough Hillsborough systems. The Durham can supply up to 3.9 mgd. In 1977 OWASA constructed a 16" agreement connection eotwolsystemsgallowed that OWASA to receive up agreement between the Y to 2.0 mgd from Hillsborough in emergency situations. The pipeline was used the t time The construction of a pum p tationnear Calvander in 1987 now Jordan Lake allows. OWASA to transfer water to Hillsboroouggh•s� point may provide OWASA with aditiWa1�889 mgd�A filed a request during the next twenty years. Level the allocation tionlofa19Division from he Water 100Resources mgd available from Level II alloca p purposes. In late 1988, Jordan Lake for public water supply p rp OWASA .eteavd rlofawaterofrom for not treatment and d transmission yet been formulated. It is estimated that in 1986 OWASA served a population of 53,000 people and pumped an average of 5.92 mgd- These mgd figures are earect00.tWater rise demand6projections residents andand deficits mgd by, the year 2000. Figure 2.2. for the OWASA system are shown in Town of Hillsborough The Town of Hillsborough has a municipally owned water, system. The Town has identified Tofwn itself�iCurrently, extending south and east service is currently provided to most areas within the city limits, and extraterritorial jurisdiction, and additional portions of Hillsborough and Eno Townships to the south and east of town. The system, in 1986, served 8,800 persons • an increase of 2,800 parsons and 1,200 through 3,400 meters, meters from six years before. Water consump tion within the din 1986. Hillsborough water service area averaged 1.43 mgd 2.3 text 3 , Hillsborough's primary source of raw water is Lake Ben Johnson on the Eno River. The impoundment has a 20 year safe yield of 0.43 mgd. Available supply is affected by withdrawals upstream at Corporation Lake, although limited diversions can be made around Corporation Lake from Lake Orange, further upstream. Under optimal conditions 2.5 mgd can be diverted from Lake Orange to Lake Ben Johnson. The Orange County Water Conservation Ordinance, however, allocates 1.8 mgd to Hillsborough from Lake Orange when the lake is at its normal level. This allocation from Lake Orange drops to 0.80 when the lake reaches a crisis level. Lake Orange, which can provide 2.62 mgd, is owned and controlled by Orange County. Hillsborough is connected to OWASA via a 16" pipeline, while a 6" pipeline connects Hillsborough with OAWS. A bond referendum passed um in 1987 gave the town authority to construct an additional connection with Durham. Jordan Lake may provide Hillsborough with up to 6 mgd at some point during the next twenty years. In 1988, the town filed a request with the North Carolina Division of Water Resources for a Level II allocation from the 100 mgd available from Jordan Lake for public water supplies. The request was filed as part of an application submitted jointly with other jurisdictions and agencies in Orange and Chatham Counties. Plans for treatment and transmission of any allocation from Jordan Lake from Hillsborough have not yet been developed. Demand and deficit projections are displayed in.Figure 2- . They indicate that Lake Ben Johnson is severely inadequate when considered as a sole source of supply. Even with a full allocation from Lake Orange under the Orange County Water Conservation Ordinance the Hillsborough system will face a demand deficit by the year 2000. The Town of Hillsborough's preferred future source of water has been identified as a new impoundment on Seven-Mile Creek, which could also serve other County residents in central Orange as well. At this time, discussions are underway between the County and the Town regarding the construction, management and allocation of this possible 6.3 mgd source. Orange Alamance Water Systems. incorporated immfil OAWS is a no-profit association formed in 1969. The system has recently defined a future service area boundary in Orange County. The area to which it provides service crosses the ridge line separating two major drainage basins, the Cape 2.3 text 4 Fear and the Upper Reuse, serving the US 70 corridor west from Efland, the Mebane area and several rural communities in eastern Alamance County.. A small portion of Cedar Grove Township is also served with water by the system. Approximately one-third of OAWS customers are in Orange County, with a slightly smaller proportion in the Upper Meuse drainage basin. Industrial use accounts for about 20% of total usage in the system. The three major industrial users - GKM, Honda, and Dayco -are located in Alamance County. The primary raw water source for OAWS is Corporation Lake, and impoundment on the Eno River just north of US70, which has a 20 year safe yield of 0.7 mgd'. The rate of sedimentation is such, though, that 35% of its storage capacity has been lost since the dam's construction in 1969. At that rate of sedimentation, Corporation Lake would be completely filled by the year 2025, with a resulting yield of zero. The Orange County Water Conservation Ordinance, effective January 1988, allocates 0.80 to OAWS from Lake Orange when the lake is at its normal level. This allocation drops to 0.32 mgd when Lake orange reaches crisis level. OAWS has interconnections on the east with Hillsborough and on the west with the Graham-Mebane water system. Graham-Mebane is, in turn, connected to the City of Burlington. Between 1980 and 1986, raw water pumped from OAWS increased by 505, from 0.42 mgd to 0.63 mgd. Population served during that time increased from 4,800 to 6,150. Projected water demand and deficits are shown in Figure 2.4. The figures show that the system is rapidly reaching capacity when Corporation Lake is considered as a sole source. Even with a full allocation from Lake Orange, under the Orange County Water Conservation Ordinance, OAWS faces a system-wide demand . deficit by 1995. Potential Water Supply Sources for Orange County With the completion of Cane Creek Reservoir in Bingham Township, OWASA should have adequate supplies of water through the twenty year plan period. The two water suppliers in central Orange County are in a less enviable position. As growth trends and the drought of the mid 1980's clearly needs showed, Hillsborough and OAWS have serious water supply that are both short and long term. Twenty-eight potential reservoir sites were identified in 2.3 text 5 five studies conducted between 1969 and 1980. Most of the sites were not seriously considered because of inadequate yield, significant amounts of development in the drainage basin, transmission distance from existing systems, or other circumstances which rendered a site unsuitable for reservoir development. Because if the physical characteristics necessary for adequate reservoir development are well known, it is unlikely that any major sites were overlooked by these studies. Four of the most promising sites were fully detailed in the 1987 Orange County Water Supply Study. Since that time, the Orange County Commissioners and the Town of Hillsborough Board of Aldermen have indicated that a new impoundment on Seven-Nile Creek is the preferred alternative. Discussions regarding the planning and management of this facility are currently underway. Because Orange County is at or near the headwaters of major drainage basins, the sub-basins from which county suppliers can draw are small. This results in potential reservoir yields that are, at best, modest. It is clear that Orange County does not have the sites with a potential to supply large amounts of water over long periods of time. Sven with the Cane Creek Reservoir, the County as a whole could face a demand deficit before the year 2008. The County and individual water suppliers must think in regional terms for planning future long-term sources. Not only do surrounding counties have sites larger than those in Orange County, but joint action among water users can increase the cost effectiveness of source development. The largest of the sites in neighboring counties is Jordan Lake, with 100 mgd available as a drinking water supply. The allocation process was begun by the Division of Water Resource, NC Department of Natural Resources and Community Development in mid 1988 with actual allocations to be made as early as January 1989. Local governments and agencies in Orange County have requested 30.5 mgd, in Level II allocations, allocations that would not be used for at least five years. In late 1988, County governments/agencies were allocated a proportion of this future major supply. The City of Durham has recently completed of the Little River • Reservoir in northern Durham County. The project adds an additional 25 mgd of water supply to the Durham system, more than doubling its capacity. Once filled, the reservoir will give Durham a surplus beyond the year 2010. The water from this reservoir is in an upland watershed, most of which lies 2.3 text 6 in Orange County, and is considered to be of high quality. In Alamance County, both Graham-Mebane and Burlington have identified large reservoir sites which are being developed. The Back Creek Reservoir, being constructed by Graham-Mebane, will have an estimated 20 year safe yield of 17.4 mgd. A large part of this watershed lies in Cheeks and Cedar Grove Townships. Burlington is developing a reservoir on Greater Alamance Creek west of the Town of Alamance. It is scheduled to be built in two stages with a final capacity of 34 mgd. The public water supply systems in Orange County are interconnected with each other and the municipal systems in Graham-Mebane, and Durham. While these interconnections were activated in order to supply water in emergency situations, they should be the forerunner of a more regional approach to water supply. Good reservoir sites are not distributed equally among counties in the Piedmont. Counties such as Orange need to look beyond their borders for future supplies. Water Quality The earliest recognized water quality problems had to do with the contamination of drinking water supplies by human and animal wastes. Pathogens, including those responsible for typhoid fever and cholera, live in human and animal digestive tracts and can be transmitted by drinking water that has been in contact with body waste products. Typhoid fever and cholera were major causes of death until the beginning of this century when the chlorination process for disinfecting water was developed. Chlorination of public drinking water supplies rather quickly eliminated the spread of water-borne diseases in the United States. Water quality was no longer a major concern. In recent years, concern over water quality has re-emerged, centered around new classes of pollutants like heavy metals, synthetic organic. compounds, and low-level radioactivity. Modern society uses these materials at a scale unequaled in the past. They are indispensable for the functioning of modern society. Many of them, however, have the potential to significantly affect human health. The misuse and improper disposal of these materials has caused many of them to become pollutants in surface and ground water supplies. Some of these pollutants, like lead, have long been used by man but are now being used on a scale beyond the ability of the environment to absorb them and render them harmless. The 2.3 text 7 1 t total number of automobiles registered in this country increased from 33 million in 1950 to 111 million in 1976. The growth of the automobile population even outpaced the significant growth in people population during that time. The United States now uses about 1.3 billion tons of lead in commerce each year, mostly as an additive to gasoline, and in automotive batteries, brake linings, and tires. It has been known for some time that lead ingestion in relatively large amounts can produce overt symptoms of illness and mental retardation. More recent evidence indicates that even lead contamination too mild to produce overt symptoms of illness can, nevertheless, do enough damage to a child's brain to interfere with mental function and classroom performance. Lead is widely dispersed by automobile exhaust and the frictional wear of brake lining and tires. Studies have discovered significant lead concentrations in the air, soil, and water in areas where automobile use is concentrated. Synthetic organic compounds (SOC) are another class of potential water pollutants. Many of these chemicals have been created only rather recently in chemical research laboratories to meet the needs a technological society. These include plastics, fertilizers, and a host of chemicals used in modern industrial processes. The number and amounts of these materials used in our society began to proliferate immediately after World War II, with over 50,000 varieties in use. New one are being invented at a rate of over 1,000 per year. Almost 35,000 of those now in use in the United States are classified by the Environmental Protection Agency as being definitely or potentially hazardous to human health. The potential health hazards from SOC is considered so serious that the EPA is considering lowering from SOC thresholds to a point where a costly water treatment process called granulated activated carbon treatment would be required for most public water systems. The cost of this treatment process is so high that extreme financial burdens could be placed on smaller systems. Orange County is fortunate that its public water suppliers draw water from upland supplies. University Lake Watershed is the most developed of the six water supply watersheds in the County, sitting as it does just west of Chapel Hill and Carrboro. The watershed, along with the Cane Creek watershed, is classified by the north Carolina Division of Environmental Management as MS-I, meaning it is relatively undeveloped and 2.3 text 8 has no point source discharges of pollution. Of the 19,600 acres in the University Lake watershed, only 8% is considered developed. The Little River, Flat River, Back Creek, and Upper Eno watersheds are likewise rural in nature and free from potential concentrated sources of pollution. Durham has requested a WS-I classification for the Little River and Flat River watersheds, while Graham-Mebane has requested a WS-I classification for the Back Creek watershed. The water quality from these watersheds is considered good. The sources of pollution which have been discussed so far, are called "point sources" of pollutants. Point source refers to pollutants from a specific fixed source which enters the water at an identifiable point. An example would be the outfall pipe from a sewage treatment plant. Other sources of pollution are called "non-point sources. " These are pollutants which reach receiving streams in a diffuse manner and cannot be attributed to an identifiable or specific source. An example is the pollutants that accumulate on a parking lot or road and are washed off in a storm. Studies around the nation have revealed that non-point sources of pollution are equally, 'if not more important, contributors to poor water quality than point sources. The same studies reveal that non-point source pollution generation is a function of land use. Areas which are mostly forested have the lowest amounts of pollutants in the water that runs off the land. This is because forested areas have a greater ability to assimilate pollutants present in the runoff and lack the urban activities, such as concentrated automobile usage, that produces pollutants. . In a forested area, only a small percentage of the precipitation which falls washes off the land into the nearest stream. The ground cover in forested areas slows the velocity of runoff and allows water to infiltrate into the soil' where bacterial and chemical processes can change or trap pollutants. As a watershed becomes increasingly urbanized, this situation changes dramatically. The activities which generate pollutants are increasingly present in the watershed. The natural processes of the land and water which can act to block pollutants from reaching the water supply are greatly reduced. One characteristic common to developing areas is that the percentage of impervious cover increases as development 2.3 text 9 activity increases. The increased impervious area, such as roads, parking lots, and roofs, alters the relativelume of magnitudes of runoff and infiltration. A greater runs off the land at an increased velocity. It is carried quickly via natural drainage ways or storm drainage systems. The process of infiltration and soil purification does not have an opportunity to function. As a result, the water quality ofsnQe lchofthrough pollutionacansbean be very poor even i f point sources identified. Any plan to protect water supply watersheds needs to identify and reduce the water quality alit impacts of both non-point and point sources of pollution. An important component of any water quality plan for the County should direct sewage toxic waste disposal sites, landfills, and treatment plants, industrial operations which manufacture or produce as a by-product potentially hazardous materials away watershed areas. A equally important, if less obvious, part of a watershed protection plan should be to keep the density of development in watershed areas as low as possible, directing expansion of urban areas away from water supply watersheds. water Resources Planning in Orange County In 1979, the Orange County Board of Commissioners appointed the Water Resources Task Force, investing in it five charges: 1) defining water quality goals for Orange County; 2) reviewing water resources data and compiling an inventory of existing and potential reservoir site ; protection 3) developing, reviewing, and ranking w strategies; 4) preparing the water resources section of the County Land Use Plan; and, plan 5) recommending a long term water resources management for Orange County. From these charges, a final report was issued in May 1981 detailing seventeen separate recommendations. The recommendations could be loosely grouped into five areas; land use regulation, conservation, erosion control, infrastructure, and water supply. The land use regulation recommendations centered around identifying watersheds to be protected and adopting 2.3 text 10 . • protection standards. For the most part, the • recommendations in this area were through the throughithe usehof , Orange County Land Ue zoning, subdivision, and other regulations. State action also . helped in this regad With o£ the Environmental Cane Creek and University source in 1988 the thoseState • agreed to prohi bit point Watersheds. Recommendations regarding conservation were addressed through the adoption of the Orange County teConservationmentation Ordinance in 1986. Similarly, revisions and Erosion Control rn ® nnsloni incorporated erosion ncorporarated el lements of the recommendations control and stormwater management. While the water supply recommendations of the Task Force ii stopped short of endorsing immediate construction oneo reservoir, joint action by the County's water suppliers protect and preserve potential sites was stronglyenndlorsed. The Task Force also endorsed the County seeking an from atron uieawerencreated by place allocation Division of Water allocation n guidelines Resources in 1988. By 1986, though, actual water demand had outpaced th as 33% projections of the 1981 Task Force Report by whh drought for Hillsborough and OAWS. This demand, coupled conditions in 1985-86, led to a severe water crisis in central Orange County. In response, the Board of Commissioners convened two new committees tosdealY with thange long term issues of adequate drinking water County. The Reservoir Site Committee was charged with identifying the most feasible site for a new reser�o�itteet he County. The Long Range Water Management tStrategyiCo of how to dealt with management issues, not finance and manage a new reservoir but" how to best manage all • of Orange County's ra resources.Board reports ommissioners in committees were del November 1987. The Reservoir Site Committee' reviewed dcpast reservoirtsitehe • ious two d • studies done over the previous based on four most promising sites for further review,Committee basedeo also technical •and financial considerations. v examined the financial feasibility of transmitting water from Jordan: Lake. The Committee concluded that a reservoir on the 2.3 text 11 Eno River north of McGowan Creek, near the current Corporation Lake site, "[was] the alternative most consistent with the needs and values of the community." It was further recommended that land at a site on Seven Mile Creek be acquired to both meet mitigation requirements and preserves a future reservoir site. The Town of Hillsborough proposed that the Seven Mile Creek site be the primary alternative. Finally, the Committee endorsed County participation in a regional planning efforts to use water from Jordan Lake. The Long Range Water Management Strategy Committee had a much • more difficult task, recommending the management strategy and financing option best able to supply Orange County with an adequate supply of water. • The Committee also reviewed best supply options. and, while agreement was not universal, leaned towards a new reservoir in Orange County as the best long term source with Jordan Lake being pursued as a parallel option. The Committee strove to avoid divisive actions during its deliberations, realizing that full consensus on the part of committee members was crucial to the credibility of the recommendations. The Committee agreed that the status quo was unacceptable, although no consensus was reached on an end management structure. Because the Committee concluded that there were desirable benefits •to a consolidated water and sewer entity, however, members chose to recommend incremental action as a first step towards meeting the long water needs of Orange foaOran To e Countyd W recommended Water Board, to beinnvvested with creation an County. 9 five initial charges; 1) Pursue an allocation from Jordan Lake on behalf of the County and its water providers; 2) Pursue an interlocal agreements with water providers in Alamance County; 3) Work with the County's consulting engineers on Phase II of the Orange County Water Supply study, which would focus on more precise engineering and cost data for the water supply options recommended in the Orange County Water Supply Study, Phase I, released in November 1987; 4) Work cooperatively with the various water and sewer service providers and municipalities in the County, including Mebane and Durham, to identify and develop a joint agreement on service area boundaries; and, I , 2.3 text 12 5) Develop a water conservation program for all of Orange County. with tx ernalCtimeolimits,yenoipriorities,werecattached constrained tothese by The recent developments regarding the selection of Seven-Mile Creek as a reservoir site may mitigate the water problems of Central Orange County. However, this one reservoir still may not be enough to satisfy the County's needs. Recent estimates by the County Engineer indicate that the need for a second central reservoir - on future. McGowan may • i . 2.3 text 13 • I. it if ii 7 2.4 EXISTING LAND USE AND INFRASTRUCTURE GENERAL FRAMEWORK Orange County is located in the Piedmont region of North Carolina, a e broad plateau area between the coastal plains toh the eieeast a and Rtheigh Appalachian Mountains to the west. Along and Durham, the County forms part of the "Piedmont Crescent", a string of urban areas western South Carolina. eaass chSstretch arc from Raleigh through Charlotte and into Orange County has an area of 254,720 acres or 398 square miles. It has borders Ala Alamance five other Chatham-one Caswell on the to the north, Alam east. The County is linked to other major North Carolina cities by Interstate 85 which serves Greensboro, High Point, Winston-Salem and Charlotte to the south, and the Virginia/ Metropolitan Washington D.C.- area to the north. The Interstate 40 corridor, completed in 1988, also links the area to the Research Triangle Park, Raleigh and points east. The incorporated Towns in the County, listed in order o decreasing population, are Chapel Hill (34,120 persons) , naordero persons) , Hillsborough (3310 persons) and Mebane (Orange County portion - 490 persons) .1 The location of these Towns is shown on the Existing Land Use Map which follows this section. The Population of the County was estimated at 102,697 persons in 1988. 2 DESCRIPTION OF TOWNSHIPS Orange County is divided into seven townships. These townships served as voting districts in the nineteenth century, but have no legal standing today. Each of the townships has distinctive character and they have been used as planning areas in developing the Land Use Plan. The location of 'the townships are shown on the Existing Land Use Map. Cedar Grove and Little River are the two most northern townships. They are rural and agricultural in character and contain no incorporated places. The 1988 populations of Cedar Grove and Little River Townships are 3998 persons and 2338 persons respectively. Based on a total area of over 80,000 acres or 125 square miles, the population density is only 50 persons per square mile in these two townships. 1 - 1985 Population Estimate, Triangle J Council of Governments 2 - Orange County Planning Department estimate, 1987. Tobacco is the major cash crop in these two townships. These townships mark the southern edge of a major tobacco-growing region which extends to the north into Virginia. Cedar Grove. Township has experienced little and sometimes no population growth since 1970. The Township is distant from major employment centers in Chapel Hill, Durham, Research Triangle Park and Burlington. The Township is unlikely to see significant population growth in the near future, although recent trends indicate that residential development is beginning to spillover. Little River Township has experienced some population growth in the past 10 years, especially along Guess Road. This township's proximity to Durham is no doubt a major reason for this growth. Suburbanization of this area will likely accelerate in the future as Durham grows outward. Hillsborough, Cheeks and Eno are the three central tier townships in the County. All three are traversed east-west by a major transportation corridor consisting of Interstate 85, US 70 +/- and a main line of the Southern Railroad that connects the area with other cities in the region. The excellent access afforded by these parallel transportation routes has resulted in a more developed character for these townships than those in northern Orange County. Two towns, an unincorporated village and a string of residential as well as commercial and industrial uses occur along this transportation corridor. The increased intensity of development can be clearly seen on the Existing Land Use Map. The Town of Hillsborough, the County seat, dominates Hillsborough Township. The population of the Township is 11,885 persons. The presence of 1-85 has shaped Hillsborough's development in recent years with growth areas being centered on the two interstate interchanges in the Township south of the town. NC 86 connects the town with southern Orange County. In addition, Interstate 40 the Hillsborough easy access to Research Triangle Park and Raleigh and is a major facet of increased development pressure on Aillsborough and central Orange County +/-. The Town of Hillsborough operates a sewer and water system, whose current service area is within the town's planning jurisdiction. The raw water supply source is Lake Ben Johnson on the Eno River West of town. A future reservoir in central Orange, Seven-Mile Creek, may augment this water source in coming years. The Town of Hillsborough's planning and zoning jurisdiction extends approximately one mile beyond its corporate limits. The exact boundaries of its planning area are shown on the Planning Jurisdiction map. The County has jurisdiction over surrounding areas. Cheeks Township lies to the west of Hillsborough and contains two developed areas - the small unincorporated village of Efland and the Town of Mebane on the western edge of the Township. Only a portion 1 1 of Mebane is within the Township and the County, the major portion of it being in Alamance County. The population of Cheeks Township was 6214 persons in 1988. The Efland/West Orange area has a population of approximately 1250 persons. It is the site of several small textile manufacturing firms, and there are also a number of commercial uses in the Efland area. Efland is now served by sewer service by virtue of a sewer line constructed under Orange County authority. It is also furnished with water by Orange-Alamance Water Systems Incorporated, a private non-profit corporation. Raw water is taken from Corporation Lake on the Eno, located just north of US 70, and is treated and pumped west along US 70 through Efland and on into Alamance County around Mebane. The system has about 400 metered connections in Orange County. The population of the Town of Mebane was 3761 persons as of 1987. 517 of those persons lived in the part of Mebane within Orange County. Mebane exercises a one mile extraterritorial planning jurisdiction. In Orange County its planning jurisdiction extends beyond one mile in an area between US 70 and 1-85 where the Town has developed an industrial park. This area is provided with sewer and water and has attracted several major corporations including General Electric. +/- Most of the remainder of Cheeks Township, both north and south of the I-85/US 70 transportation corridor, is rural in character and consists of agricultural land uses and scattered non- farm development. Eno Township is located in east-central Orange County. The 1988 township population was 5742 persons. There are no incorporated places in this township. The I-85/US 70 transportation corridor occupies the southern portion of the township and has attracted significant residential and non-residential development. These highways give southern Eno Township good access to the City of Durham and the employment opportunities in the City and at Duke University. As a result, Eno Township had an average population growth rate of 7.04% per annum from 1970-1980, the highest rate of any Township. This growth rate has slowed to 3.23% since 1980, however. The remainder of Eno township, especially north of St. Mary's Road, is rural and, agricultural in character. Eno Township is currently not served by public sewer. Water service is provided in two areas at the eastern and western boundaries of the Township. City of Durham water service has recently been extended along US 70 into Orange County near the interchange with I- 85. Water lines from the town of Hillsborough extend into Eno Township along US 70 as far east as the junction of US 70 and By- pass 70. A unique feature in Eno Township is the Eno River State Park. It is the only North Carolina State Park that is linear in character. Sections of the park extend along the Eno River in Eno Township and into Durham County. Acquisition of land or easements are incomplete, but major sections of park lands have been acquired. growth pressure in recent years. The population growth rate was 6.2% per annum during the previous decade, second highest in the County after Eno Township. Dairy farming is an important activity in Bingham Township. About 40% of the County's dairy operations are here. Orange County currently ranks sixth in the number of milk cows and fifth in milk revenues among North Carolina's one hundred counties "7,9 Bingham Township is also the site of aforementioned Cane Creek Reservoir. The Orange Water and Sewer Authority developed this reservoir to supplement its inadequate supply at University Lake. Existing sections of the Park are shown on the Existing Land Use Map. The two southern townships in Orange County are Chapel Hill and Bingham Townships. Chapel Hill Township contains the Towns of Chapel Hill and Carrboro. The combined population of these two Towns in 1987 was 48,580*, or 48.9% of the total County population - not including their respective extraterritorial transition areas. The population of Chapel Hill Township was 66,740 in 1987, which is 65% of the aggregate County total.** Employment centers in Chapel Hill Township include the University of North Carolina, North Carolina Memorial Hospital and Blue Cross-Blue Shield. The proximity of the Township to Durham and Research Triangle Park means that residents can commute from the Township to these other centers of employment. The Orange Water and Sewer Authority (OWASA) provides water and sewer service to the Towns of Chapel Hill and Carrboro as well as to fringe area in Orange, Chatham and Durham Counties. The primary water supply for the Chapel Hill-Carrboro area is University Lake, which is located just to the west of Carrboro. This source is augmented by the recently completed Cane Creek Reservoir in western Orange County. Duke University has large holdings of land in northern Chapel Hill Township which are used for teaching, research and limited recreation purposes. These large forested areas are an asset to the Township. Their conversion for residential development would certainly have a major impact on land use patterns in the Township. Chapel Hill and Carrboro exercise ultimate planning jurisdiction in an area beyond their corporate limits, which is termed their Transition Area. This Transition Area is a small part of the Joint Planning Land Use Area for Orange County, Chapel Bill, and Carrboro, which was adopted in 1987. The extent of this area is shown on the Planning Jurisdictions, Map. The County plans for surrounding areas. Growth and development in recent years in the Chapel Hill-Carrboro area has been predominantly to the north and west. [delete paragraph] Bingham Township is located to the west of Carrboro. Current population in the Township is 5780 persons. A major transportation route, US 54, runs east-west across the Township out of Carrboro and into Alamance County. Because of its proximity to the major urban area in the County, Bingham Township has experienced considerable * - Orange County Planning Department estimate, 1987. ** N.C. OSBN Official Estimate, 1987. 2.5 AGRICULTURE IN ORANGE COUNTY1 BACKGROUND Orange County has experienced two striking trends in recent decades - population growth and farmland loss. A population increase of more that 64,000 persons, or almost 189%, has occurred in the County since 1950. Population density has increased from 87 persons per square mile to 250 persons per square mile in 1988. During the same period the proportion of County land in farms has declined from 70.5% in 1959 to an estimated ??% in 1989. The number of farms in the County has steadily declined from a high of over 2000 in 1950 to 631 in 1974, the last year for which data are available. In spite of a sharp decline in land in farms over the past thirty years, agriculture remains an important contributor' to the economy of Orange County. In 1978, revenue from farm commodity sales and government payments amounted to 23.5 million or roughly $300 for every man, woman, and child the County. Orange County has 141,430 acres of prime soils, the second highest total of six Counties in the region, according to a recent study by the Triangle T Council of Governments. County agriculture is based on livestock - especially milk production, and tobacco. Table 2-2 shows the revenue from the five major agricultural activities in the County. TABLE 2-2 1Source: The information on agriculture is taken from Lo. Erglarza QA.K Earmal Final AIR= 21 the gg Count Agricialtagg Task Force. Adopted in principle by the Board of Commissioners on September 15, 1981. Currently there are many factors which make it increasingly difficult for farming to remain economically viable. A majority of Orange County dairy farms are located in rapidly growing Bingham and Chapel Hill townships. Others are located in the potential growth corridor in the center of the County between Hillsborough and Mebane. The large capital investment and land needs of dairy farming make it particularly sensitive to rising land values and property taxes which tend to accompany non-farm development in farming areas. Capital investments in farm structures and equipment, necessary to improve productivity and remain competitive, tend to be inhibited under these general circumstances. Farms generate odors and dust both from plowed fields and chemicals which may be spread on those fields. This "pollution" can and does bring nuisance complaints from new subdivisions nearby. The seine industry is the most vulnerable of all County agriculture to nuisance complaints. However, most, if not all swine operation s are located away from County growth areas. Hence, the industry is not as vulnerable to nuisance complaints as it otherwise might be. Northern Orange County is part of a major tobacco growing area that extends north into Person and Caswell Counties and southern Virginia. Tobacco farming, with its comparatively high revenue yields per acre and its location away from the major growth areas in the County, remains a core of agricultural stability. Potential changes in federal tobacco policies and future market demand leave even this segment of agriculture with its uncertainties. Poultry and egg operations are centered in the northeastern portion of the County. Future growth pressures from Durham and Hillsborough may contribute to nuisance complaint problems for this industry. A major survey of Orange County rural opinion, taken between November, 1978 and January, 1979 by Margaret Watkins of Duke University, reported that County farmers felt six significnat constraints upon their farming future. The results are shown in Table 2-3: TABLE 2-3 . Four of the six were economic in character andnrelated a the Co tthe p The pressures on farming due to non-farm dieru=al areas for County same survey found substantial support three pet of the rural action to preserve farmland. Sixty` ercrceenvation and farmers landowners surveyed endorsed agricultural p in the sample were even more emphatic, with a 72% affirmative response. and will The vitality of County agriculture has been, Once continue enduring tng Y competing uses for the land. farmland is covered red over r by roads, subdivisions and shopping farmland is evvrred over by lost to productive agriculture centers, however, it is probably ears, the forever. With a growing population to feed in coming years, time is now to begin viewing productive farmland as an imp ace worth of protection for use in the production of food and resou , fiber. PROPOSED ORANGE COUNTY FARM PROGRAM preservation This program has been formulated to meet the farm p polio objectives adopted by the Task Force: the alleviation of tax pressures on farmers; the minimization of nuisance tcomplaints of against farm operations; the reduction of the negative on farmland; and the lessening of The development ant pressures proceedings might lead to farm relocation. hear to development pressures which mig measures in rasp. proposed program has been based on voluntary the preferences stated by members of the Task Force. The program has not been reviewed nor acted upon by the Board of Commissioners at this time. The recommendation is composed of the following four elements: VOLUNTARY CLASSES OF PARTICIPATION section establishes four Classes of e Participation taxation and linclu es the se for u the existing State law providing as follows: These four Classes are explained North Carolina Class A: Class A is identical trovidesxfariuse value appraisal of Preferential Taxation Law and provides the property as a basis for taxation with ear payback three-year as a lien payback the interest, costs or penalties All provision of. taxes; , am whenever it occurs. property on withdrawal from the program A Farm units must participate in the N.C. Farm Preferential Taxation Program• state law (Class A) Class B: Class B is identical hrightstagre®meat (easement) but adds a .twenty-year development prohibiting non-farm development except Zoning three lots meeting minima pr° Subdivision and minimum Orange County 5 • II ! EG 1) All Class B Farm units must participate in the N.C. Farm Preferential Taxation Program. 2) The farm must be covered by a 20-year development rights agreement prohibiting non-farm development on all but three lots meeting minimum Orange County Subdivision and Zoning Standards. Class C: A development rights agreement. (easement) of ten years prohibiting development on all except three lots meeting minimum Orange County Subdivision and Zoning Standards is required. The payback period is the same as existing State law. An added benefit is a ten percent reduction in the use value assessment as the basis for taxation. 1) All Class C Farm units must quality for the N.C. Farm Preferential Taxation Program. 2) The farm must be covered by a 10-year development rights agreement prohibiting non-farm development on all but three lots meeting minimum Orange County Zoning and Subdivision Standards. 3) Tax abatement benefits equal to a reduction in assessment to 90% of use value as a basis for taxation.' 4) The payback period is equivalent to existing State law. Class D: Class D is exactly like Class C except that the development rights agreement (easement) is twenty years, the payback is equivalent to the existing State law and the reduction in property tax assessment would be make of new farm structures constructed on a Class D farm." 1) Farm units must qualify for the N.C. Farm Preferential Taxation Program. 2) The farm must be covered by a 20-year development rights easement prohibiting non-farm, development on all but three lots meeting minimum Orange County Standards. 3) Tax abatement benefit reduction in assessment is equal to 80% of use-value as a basis for taxation.1 4) The payback period is the same as the existing State law. 5) No property tax assessment would be make of new farm structures constructedBarticipati Bn a participating farm.1 1NOTE: General Assembly action would be necessary to permit this benefit. BENEFITS OF PARTICIPATION (UNIVERSAL FOR CLASS B, C AND D) 1) No assessment or fee for water and sewer extensions as long as no use is make of the extension by the farmland owner. 2) Disclosure statement required for all land transfers on tracts within 600 ft. of a farm unit informing purchasers of the preferred and pre-existing nature of the agricultural use of the adjoining tract and the County law assessing plaintiffs with legal fees for frivolous law suits. 3) All farms will be shown on Orange County land records with the warning mentioned in item #2 above and the statement that land in this area is inside or near a farming community. 4) Mandatory public hearing on agricultural impact resulting from proposed use of eminent domain to acquire farmland. • findings presented to the decision -making body of the agency proposed acquisition (e.g. N.C. board of Transportation) and to the N.C. Commissioner of Agriculture. The N.C. Secretary of Agriculture would then have the power to veto of the agency governing board required to over-ride such a veto.1 5) Al]. attorney's fees in nuisance suits brought against Class B, C, or D farms will be assessed against the plaintiffs bringing the suit if the Court deems the suit frivolous.' REQUIREMENTS OF PARTICIPATION (MANDATORY FOR CLASS B, C, and D PARTICIPATION) 1) The farm must be certified by SCS as being composed of at least two-thirds "prime or locally-important" farmland. 2) The farm must develop and adhere to SCS-approved Erosion Control Practices that are addressed to "critical areas" and administered by the Agriculture Advisory Board. 3) The farm must qualify under the existing North Carolina Use Taxation Program. The definition of farm for the Orange County program is similar to the State law (use value taxation) . 1- NOTE: General Assembly action would be necessary to permit this benefit. 2- Soil Conservation Service (SCS) 1) The payback of the tax abatement given under the existing state law should be governed by that law. The Orange County tax abatement payback (Class C = 5-year payback for the extra 10% abatement) will only be for the additional 10% or 20% benefit. 5) After the 10-year development rights easement expires for Class C farms, or the 20-year development rights expires for Class D farms, then there will be no payback of any tax benefits except as required by the existing State law. VOLUNTARY AGRICULTURAL DISTRICTS (Not a Zoning District) A. Requirements: 1) 640 contiguous acres offarmland in II! Classes A, B, C, and D. B. Benefits: 1) pride in agricultureacommunitytandni its in ts way of life . 2) The district would provide increased protection from nuisance suits against properly-managed farms. 3) Each voluntary agricultural district would be entitled to one voting member. C. Formation: Signed agreement among participating members to "sustain agriculture" in the district . Agreement would have to be reviewed and approved by the Agricultural Advisory Board. THE AGRICULTURAI, ADVISORY BOARD The Board woul be composed of one voting member from each voluntary agricultural district, as well as nine other Orange County farm people to be appointed by the Board of County Commissioners. Tasks of the Agricultural Advisory Board would include the following: a) Act as a committee to darft the proposed Farm Preservation Program in sufficient form and detail to be acted upon be the Board of County Commissioner s, as well as by the N.C. General Assembly. b) Review and approve agreements forming volunary 1 districts; ura r c) Periodically review the County Farm Preservation Program and recommend necessary changes to the Board of County Commissioner s; d) Hold manadatory public hearings on the impact on agriculture resulting from the use of eminent domain on farmland. Results are to be forwarded to the governing body of the agency proposing the use of eminent domain/ to the N.C. Secretary of Agriculture and to the Board of County Commissioners; e) Review of major private developments affecting County agriculture, as determined by the County Planning Board. Reports and recommendati ons on these projects would be forwarded to the County Planning Board and to the Board of Commissioners. 1 L1FT 2.6 TRANSPORTAT/ON GENERAL FRAMEWORK While providing a vital service function, the means and manner by which people and goods are transported influences the physical development pattern throughout Orange County. Areas which are served by the most convenient transportation access are the most appropriate locations for centers of employment, leisure activities, schools, services, and commercial and industrial activity. Residents of the County require an adequate transportation network to insure convenient and safe access to such activities and, generally., their locational decisions are influenced by such transportation related factors. The primary means of transportation in the County is the road system. The system serves two main functions: traffic movement and land service. Given the potential incompatibility of these two functions efforts should be directed at balancing the two functions through an integrated system. This requires consideration of the location and distribution of the population; the intensity and spatial distribution of land uses and their potential for traffic generation; and the economic character of the County. The relationship between residential and commercial uses and the adequacy of the road system is particularly Important as the system integrates and links such uses, providing access between homes and the goods and services needed and demanded by County residents. However, the adequacy of the road system can be determined from two perspectives. The individual county resident evaluates the system on the basis of user objectives such as speed, convenience, safety and cost. In broader terms, the system is evaluated on the basis of its impact on the economic growth potential and the general ambiance or environmental character of the County. It is clearly important that neither of these factors can be excluded in the provision of transportation services for Orange County as they are interrelated and interconnected elements. In that light, the interrelatedness of land use and transportation are key factors in the County's overall Comprehensive Plan. The separate considerations of the transportation system and process are further detailed in the Transportation Element of the Comprehensive Plan. This element is undergoing formulation at this time, and should be completed in late 1989. \ , . DESCRIPTION OF THE ROAD NETWORK IN THE COUNTY I Orange County contains a relatively adequate road network. Major population and employment centers are linked throughout most areas of the County. The presence of a widespread state- maintained rural highway system has significantly "opened up" the rural areas of the County for residential development. Subsequently, residential pressures in these rural areas have created additional pressures and demands for commercial development serving the needs of the residents. The road network in Orange County is focused on the urban and urbanized areas of the County as evidenced in the Highway Classification System Map. Major roads throughout the County provide access to and link the rural areas of the County with the Towns of Hillsborough, Chapel Hill and Carrboro. The newly-completed Interstate 40, NC 86 and SR 1009 (Old NC 86) link Hillsborough with the Chapel Hill-Carrboro urbanizing area. In addition to providing intra-county service, inter-county service linking Orange County residential areas with employment centers in Durham, Research Triangle with and Raleigh is facilitated along I-40, US 15/501, NC 54, NC 1737 (Erwin Road) and NC 1718 (Mt. Sinai Road) . As Orange County is characterized by a negative net commutation pattern, with Orange County residents employed outside the County numbering more than non-residents employed in Orange County, the adequacy of the road network providing access to these employment centers is particularly important. In turn, the existing road network influences and encourages residential/workplace dispersion, both within Orange County and between Orange County and adjacent counties containing important employment centers, by facilitating such commutation patterns. Already, Interstate 40 has significantly impacted the existing traffic patterns by providing greater access to major traffic generators and encouraging potential development in areas adjacent to the route. The recent impacts of 1-40 are no doubt only a precursor of things to come. The relationship between residential and commercial uses throughout the County is a bit more problematic, particularly in the fringe areas just outside the urban and urbanizing portion of the County along heavily-traveled roads. These roads are subject to the sprawl of commercial activities in an unsightly manner along long stretches of the road. In rural areas, however, the provision of commercial activities in appropriate locations to serve the needs of local residents is important to satisfy quality of life concerns and minimize the adverse effects of the relative isolation of these residents from major population centers in the County. --------------................... 1 . The goals and policies of the Orange County Land Use Plan seek to focus commercial activities in a concentrated manner at and near the intersections of important highways and roads, thereby providing for the needs of the local residents and minimizing the inconvenient, land consuming and unsightly sprawl of such uses along the transportation system. Certain important intersections in the County have been designated activity nodes at which non-residential development of various types and varying levels of intensity would be permitted within a given distance of the intersection. In essence, the transportation system would serve to provide good access to these activities and would support the land use policies directed at achieving the pattern of development desired in the County. ORANGE COUNTY HIGHWAY CLASSIFICATION SYSTEM In order to assess the capacity of the existing transportation system to accommodate existing and future land use in term of access and mobility, a highway classification system is required. The highway classification system describes the roads comprising the transportation network by a functional hierarchy; that is, the level of service provided. In the classification, the higher the road \ classification, the greater the access provided to land uses; the lower the road classification, the greater the land service provided. As the Orange County Land Use Element is concerned primarily with those areas outside the corporate and planning boundaries of the urban areas, the focus of the classification scheme is the rural road network. A modified version of the N.C. Highway Functional Classification Systeml was used by the Orange County Planning Department to describe the County's road network. The system describes parts of the road network according to the service they are intended to supply based on the factors of access and mobility. The classification of roads reflects the integration of road types in providing transportation service throughout the County. The classification scheme used describes roads according to the following categories: Interstate, arterial, collector and local. The Interstate and arterial highways provide the best service (shortest travel times) to and from important employment, shopping, educational and population centers. They are characterized by relatively high travel speeds with 1 minimum interference to through movement. Collector roads provide areas with access to the major road system. Local roads are least important in terms of traffic movement, but 1- Highway Functional glagaitia&LOILLOAQMIAL gLinALLA And Pro U.S. Department of Transportation: Federal Highway Administration. July 1974. provide the greatest service in terms of land area, in aggregate providing large land areas with access to more important roads. In terms of total road miles, local roads will account for the largest proportion of road miles in the County given the large land areas they serve, while arterials will account for the smallest proportion. The classification of roads in Orange County is presented on the following page and on the Orange County Highway Classification System Map which follows this section. OTHER SIGNIFICANT TRANSPORTATION ELEMENTS 1 Orange County's transportation system is dominated by the road network, but is not entirely defined by it. Rail facilities and air services additionally comprise the transportation system and contribute to the movement of people and goods through Orange County. Lacilities.. Orange County is served by the Southern Railroad which traverses the central portion of the County in an east/west direction through Eno Hillsborough and Cheeks Townships parallel to the I-85/US 70 corridor. The Southern Railroad also serves the southern portion of the CarrboroiChapel Hill area, although this segment of the line is now rarely used. Air Eerylces. Orange County is served by publicly-owned airport. Horace Williams, a general aviation airport, is owned and operated by the University of North Carolina. Concentrated residential development has surrounded the airport during recent decades and resulted in conflict between the airport and its environs. In an effort to reduce the level of conflict the University of North Carolina has elected to impose a 50-craft limit on based aircraft and a corresponding ceiling on aircraft activity, effectively limiting the airport to one-third of its full service capacity. This action has not assuaged the concerns of residents of surrounding neighborhoods who continue to exert pressure aimed at closing the airport. Recent discussions about the phase-out of the airport have contributed to the controversy surrounding the need and location of new air facilities in the County providing the same level of service. ill Three small privately owned and operated airstrips are located throughout the County serving a small amount of air traffic use. These facilities are Hogan, Neville and Rice's airstrips. 1 a1] 2.7 ENERGY 1 DESCRIPTION OF TRENDS IN ENERGY USE The United Sates, with only 6 percent of the world's population, consumes nearly one-third of the annual g lobal production of energy. Petroleum and natural cgas aretourltwo principal forms of energy, supply g r energy used. Consumption of petroleum has so that domestic supply can no longer meet our needs. we are now forced to import over one-half of our annual consumption. Because foreign petroleum has risen sharply in price in recent years, energy conservation is becoming increasingly attractive as a way to reduce demand and save money. Figure 2.5 shows the pattern of energy use in Orange County. FIGURE 2.5 SOURCE: Energy in Orange County. Orange County Energy Conservation Task Force, 1976. The pie diagram shows that the residential and transportation sectors combined account for 82% of the energy use in the County. Since the majority of total energy use is in these two sectors, they offer the greatest potential savings from conservation efforts. In the residential sector, space heating and cooling consume the greatest amount of energy. Conservation can be achieved through building code i Source: Energy in Orange County. Orange County Energy Conservation Task Force, 1976 1 d requirements for improved insulation, for andn and through *the proper orientation of other site design requirements set in subdivision regulations. The Land Use Plan, however, can probably have little impact on residential energy conservation. Land Use Plaaning_ directed at conserving energy can perhaps have its greatest impact on the transportation oftdevelopmentrfor land use plan sets forth a general pattern area - places for living, working and shopping. If the pattern of land uses in compact, rather than spread out, and if individual residential areas are close to places and work, then an energy-efficient for of development is achieved. PLAN INTERPRETATION The Orange County Land Use Plan was not developed specifically to conserve energy, evelopment foreChapel�Hilllan aspects. The policy of and Carrboro and the urban rsitincarareas rimmediitely more ' to the present urban development compact and higher dennssi • ttyyfor of development in the future than might occur otherwise. these existing and future urban residential areas are located areas of concentrated cod erc lsdevelopment, activity nodes. Each activity node residential[plan directs medium ands high-density Hill, the [plan direct development to areas immediately adjacent to the commercial uses at activity nodes. Travel distances etfeenvlivingnandnd shopping areas are reduced by this pattern energy is saved. The infill policy, which will increase population density in Chapel Hill and Carrboro, will also make bus transportation more economically feasible. Buses are a much more energy efficient form of transportation than cars. s with the Town It is hoped that future joint planning efforts for that owns of Hillsborough will result in an inf ill policy' with similar energy saving potential. In rural areas the neighborhood activity nodes will also promote conservation since they are meantitosprovide places for commercial uses serving local p o p in County. Such development will the rural areas to travel to the services. 2 D 11 ler\ T IT 2.8 POPULATION DESCRIPTION AND ANALYSIS OF CHANGES IN DEMOGRAPHICS Population is one of the most factors affecting pattern of development thoug hout the Countyopationotonly persons, but also to their refers to the absolute number of p r population composition and distribution. Changes in the local pop picture has immediate significance for efforts aimed population determining the future of the County. An examination of pop illustrate the direction and magnitude of change underway in Orange County. Past and Present Trends In recent years North Carolina, like other u he r region states,, h as experienced a reversal of historic long-term patterns out-migration to one of in-migration. is currently experiencing the locational benefits of this migr ation pattern. The County is located in the more rapidly expanding area of North Carolina known as the Piedmont Crescent. More signficantly, Orange attraction,otheeResearrch Triangle Park. of great The six-county region known as the Triangle has evolved during the 1980's into one of the nation's fastest-growing regions. The Triangle area is currently the 'region in8t�.e state, and has increased in population contrast, the state of North Carolina has seen a 9.0% increeaase in the same time frame, and the United States has grown Orange County, as part of this region, has experienced a dramatic increase in population aution the almostfew doubled indecades.sizetfrom 426970 and 1980 the County's p p ula persons in 1960 to 77,055 persons in 1980. The addition of 34,085 persons reflects the relative locational advantages and attractiveness of Orange County in the development of the region. The 198O's have seen an even greater increase in persons calling pero Chavey Since most populous8county. persons have made County Although the absolute numbers are important, an examination of the distribution of the growth in population over time will illustrate the significance of this growth for the County. The average annual growth rate (ASR) for Orange Theudecadesoremained e 60'sewsa�kanlR of during while period 0's1960-1980.d ever so slightly to 2.96% per annum. 2.97%, while the 70's slipped Leaps in construction of dwelling units rin tea min_1980's h der, have indicated that the County is now g g 'Source: 1950 Census. Department of Commerce Bureau of Census ** SMSAJ Standard Metropolitan Statistical Area. 1 This growth rate is significantly higher than the growth rates experienced in +/- North Carolina, and in the nation during the same period (Table 2-4) . Within Orange County the bulk of the population increase during recent ,decades has occurred in Chapel Hill Township. Chapel Hill Township's population has increased by 27,884 persons since 1970, now contributing 65% of the total population in the County.+/- Although Chapel Hill Township accounted for the greatest proportion of the total growth in the County, the growth rate in this more populated Township was fifth highest, only greater than Little River and Cedar Grove Townships. The Township experiencing the greatest rate of growth is Eno Township at present is Bingham Township, which is showing an average annual growth rate since 1980 of 5.06%. Binghad currently accounts for only 5.6% of the total population. Historically, the distribution of population throughout the County has been characterized by fast-growing towns in southern Orange, moderate growth in Central Orange, and declining rural populations in the north. A significant proportion of the population increase in the County can be accounted for in the municipal areas, particularly the Towns of Chapel Hill and Carrboro. Chapel Hill from, a population of 26,195 in 1970 to a population of 37,205 by 1987.1 This growth alone accounts for almost 25% of the population growth in the County. Carrboro's growth contributed almost 13 percent of the County's population increase between 1970 and 1980, and has increased in population dramatically during the 1980's - going from. a 1970 population of 5,058 persons to 11,375 in 1987.1 TABLE 2.6 1- N.C. Office of State Budget and Management, mirth mains. Mmagival ppulatiP lam 2- Refers to the population of that portion of the Towns within Orange County, excluding the section of Chapel Hill in Durham County and the section of Mebane in Alamance County. 2 DIARVI HILL mR8ANE Total Town population-37,688 Total Town population. .3,761 --in Durham County 483 ---in Alamance County. .3,244 --in Orange County 37,205 ---in Orange County However, the aisa�ea.oahasrbeenoalteredngintrecent and years�.lDroamatic declining rural a population increases in the rural townships are re fiving1a80 greater proportion of County development. By Census, Bingham and Eno Townships CheekstandhCedartGrove Towr►shiPsn , the County, while Hillsborough, began to show a positive growth rate - a reversal of their negative growth rates during the 1960-1970 decade. Only Little River townships experienced a growth rate lower than Chapel Bill Township, the predominant urban and urbanizing township. In absolute numbers the acthofnthis changetonnareas characterized by small. However, the uap agricultural development is low density, low intensity rural and age's significant. Recent trends indicate that this trend is continuing and will continue to d inntheeurhansareas®o future Oc►untygrowth potential becomes limited Migration, As may be expected for an area of relatively high economic population residential attraction, a considerable portion of natural populationn growth is due to migration, rather than simply increase. As shown in Table 2-7, the net migration fornNo the Carolina during the 1960-1970 period was -14.2%. Orange the other hand, experienced a positive net migration rate of 16.1%. Most of this gain was due to white in-migration as more non-whittess left the County than entered as new residents, at a migr of -12.6%. This pattern may reflect the imbalance of economic opportunities in the re egionldu due sect . the hehigh concentration of employment in the white migration rate for the Bowever, in the decade of the 1970 s the net mig mnarwhelf, had state had reversed itself to +7.86%. Orange County, period. increased its net migration rate to 25.7% during the same Recent data since 1980 suggests that the state and county are continuing to show a positive net migration rate, although. foteatf the high rates that occurred during the 1970's. The Satte Budget and Management estimates hstate mhas show rate 4.7% rate from 1980-1987, while Orange ratigr indicates has dropped considerably to 7.5%. This rate of migration that much of the County's rapid growth durimmng the 1970's was attributable to in-migration, and that this pattern has subsisedaed somewhat but continues to play a major role in the county's growth. 3 Demographic Characteristics RACE. Orange County's population is predominantly a white population. As of the 1980 Census, 81.1 percent of the population of Orange County were Whites. The largest minority group in the County were Blacks, at 17.3% of the total population. The remainder of the population is composed of other racial minorities. Recent data from the State Office of Budget and management indicates that these percentages are holding steady through 1988, with a slight increase in the White percentage due to in-migration. However, the 1990 Census will atempt to address what is perceived in some quarters to have been an undercount of minority populkations in the last Census. If this holds to be true, the racial characteristics of the County could be adjusted somewhat. TABLE 2-8 SEX. Orange County has undergone a significant change in this category since 1970. 1970 Census figures show an approximately even distribution of males and females throughout the County with 51.9% male and 48.1% female. However, by 1980, the County's female population had gained over four percentage points. The 1980 data shgows 52.3 percent of the County's population to be female, while 47.7 percent were male. This trend is expected to continue at a much slower rate. In 1988, the state estimated Orange County to be 52.5% female and 47.5% male. TABLE 2-9 AGE. The distribution of the population by age in Orange County has historically reflected the attraction of this area to young adults seeking and finding employment and higher education opportunities. However, two trends of the 1980's have altered that distribution. First, the nationwide trend of the relative aging of the population has had some effect in Orange County on the median age of the population. Across the nation and in this county, the median getisn creeping higher because of the graying of the "baby boom" generation of the post-World War II era. Secondly, the County (and particularly the Chapel Hill area) has become in recent years a popular retirement area - thus also affecting in a small, but growing way, the median age for the County. By far the largest factor at work however, is still the University of North Carolina, with its substantial impact on the age group 18-25. 4 • The median age of the population during the 1960-1970 period was in the 20-24 age group. By 1980, the median age of the County was 25.7. This trend is expected to continue due to continued In-migration of individuals in these age groups during the plan period. TABLE 2-10 PbMtiQU and Patterns of Settlement The distribution of population of Orange County and the resulting settlement patterns reflect the dominant influence of the Towns of Chapel Hill and Carrboro and a recent trend toward rural in-migration as opposed to the historical pattern of out-migration. The typical rural settlement pattern is changing as significant new non-farm development replaces a decreasing farm population at an increasing rate of farmland conversion. Large lot subdivision within easy commuting distance of incorporated centers and suburban expansion around the incorporated areas reflect this pattern of settlement decentralization. North Carolina is not characterized by large urban centers, but by a number of moderate-sized urban areas dsiributed across the landscape. The rural counterpart to this pattern in Orange County is the dispersed pattern of small population communities. These clusters of residential and non-farm development are generally referred to as neighborhoods and communities. These social units were of greater importance in the past when such individual areas were more isolated and people generally more self-sufficient. They are significantly less important now due to the influence of the automobile, improved transportation networks and the resulting expansion of social spheres. A neighborhood is defined as a small group of +/- families who live in close proximity to each other, who personally know one another and to some extent visit amount themselves, who recognize a common name for their immediate locality and who are accustomed to working together as a local unit. Their homes are usually centered around a church, store filling station or school. A community may be defined as a group of neighborhoods which have a natural tendency to associate together because of common interests. ,They tend to be more arbitrarily delineated than neighborhoods as community members may choose to meet together at different locations even if from the same neighborhood. The community usually possesses one center, however, to which most of its people go fairly often. This rural-urban balance is apparently preferred and maintained by many newcomers to the County. Patterns of employment and residential location support this rural-suburban environment. Research Triangle Park serves as the primary rural focus to this 5 II pattern of decentralized population. Its impact has been significant on commercial and industrial expansion within and outside of its borders. It will probably continue to exert the single most important influence tied to population growth in Orange County. • The extensive rural highway system maintained by the state augments this pattern of decentralization obetween OrangetCountyoand commutation within Orange County and employment centers in Durham andthee ResiarcheTrianglenPark. Orange County is the only SMSA count a in patterns, emphasizing its relative net loss due to commutation p attractiveness in terms of a p lace of residence for persons taking • advantage of employment opportunities outside the County. To what degree future availability and costs of energy will affect this pattern is yet unknown. The construction of the +/- 1-40 extension contributes a local in fluence to the settlement pattern by again facilitating easy influence commutation. It is clear that certain intangible factors are the key toethis They pattern of population decentralization ional include the availability of recreational opportunities in Orange County and the general attractiveness of the County as a place of residence. point when these intangibles become less important in the residential location decisions The p persons to of p will have tremendous impact on the County's s growth patterns. pattern of residential decentralizationheinn rural altarea has Th p . serious implications for the vitality in forcing the land out of Residential growth pressures may production either as a result of perationsnor by suits brought by residents in the creating the economic context in which farmland coowners orecognize the economic gain to be realized through farmland POPULATION PROJECTIONS attention should current population figures have been established, o tention should turn to the calculation arovidelaniimportant future framework for projections. These projections provide estimating the extent of future impacts on human, economic and natural resources resulting from the increased demand for the use of land. MPthodolaME in each of the townships over the Estimates of population gr owth exponential extrapolation of past population twenty rends we us ngdthe average annual growth rates for each population over past township over the past 20 years. While more sophistictaed methods 6 exist, the relatively simple extrapolation form o eu1 $ used iohasezbeen found to be quite accurate in predicting particnlalrly in fast-growing areas with subareas of less than 100,000 persons. Further details on the methodology used can be found in Appendix A. Protections 1990-2010 POPULATION. Table 2-11 shows the population projections for Orange County by township beyond the plan period and through the year 2010. Orange County's population is estimated to be 102,697 as stod to the of calendar year 1988. The County's population is project the year Town to 109,758 by 1990, 153,377 by 2000 and 215,162 by grown Chapel Hill Township will continue to predominate as the populous township in the County. Hillsborough Township will increase role significantly Town ofpHillsborougheinofuture settlement greater role for the patterns. Cedar Grove Township will be t$e most stable and the increase significantly in population during plan iodoas Township most removed from development pressurress. The�s spillover Buffer growth f Chapel Rill, and the ultimate impact Chapel Rill, concept of the Joint Planning Area for Oranngge ounty,cChappeel g the and Carrboro could greatly impact gingham' P County's fastest-growing township. be o DWELLING UNITS. Much new housing will In calculateath e ntumber accommodate the population gr increase average of new units needed to house this population household size must be known. As trends nationwide have indicated, average household size is decreasing dramatically due to smaller family size and an increasing number of single person households. s shown in Table 2-12, change in household size reflectstthisCounty and in each township during the 1970-1980 p e i trend. 3.4 persons The average household size for the County in 1970 was 3• so s per household. In 1980, however, average se household drop to 2.68 persons per household. Current projections tar year 2the household size will coverge downward to, 2.4 by The number Similar decreases have occurred throughout o hetto ishiease The in of dwelling units required to house tththe tprojectedr planning period, population in Orange County during presented rn assuming a constant 1980 average household size, is Table 2-13. TABLE 2-13 1SOURCE: 1980 U.S. Census Department in Section C Commerce. 2 Amended, refer to township plan 7 _ . I Given the 1980 County-wide average household size of 2.68 persons, an additional 28,478 dwelling units would be required to house the projected population increase between 1980-2000. This represents an average yearly rate of construction of 1,424 dwelling units during the plan period. Rising construction and financing costs could suggest a possible reverse in the trend toward decreasing average household size as individuals choose to live together in order to reduce rising housing costs. Plan Interpretation These projections suggest the need to develop and adopt growth management strategies to accommodate such changes in the population profile' of the County.. Although the determination of the impacts of this magnitude of change is highly subjective, population growth will affect migration patterns, prospects for economic growth, the local job market, housing and the settlement pattern of the County. Important County-level impacts will occur in the quantity and quality of the educational, health and other public services provided by the County to its residents. Local impacts will primarily affect the character of neighborhood and crossroads communities. Residential expansion throughout the County will be accompanied by an increase in demand for commercial uses and supporting services, particularly in the rural areas. There is currently a lag in the employment-population ratio in the Triangle .7 region. Employment opportunities within and in the vicinity of Orange County are stimulating greater population in-migration to the County. The County will probably continue to receive a larger share of the population growth in terms of residential development as a result. However, population growth may eventually constrain employment growth as the two factors come into alignment over time and employment opportunities become more restricted. As these opportunities are generally concentrated in the government, higher education, research and development sectors, the opportunities for employment of the less skilled may continue to be limited and result in continued out-migration of these groups. During the plan period, a number of factors will continue to affect population growth and change in the County and should be recognized in future planning efforts to guide the appropriate use of land to- accommodate this population. These factors include: 8 •i - - - - • • natural systems capacity • water availability • adoption of water and sewer extension policies • growth in UNC • growth in the Research Triangle Park, • expansion of Duke and N.C. Memorial Hospital programs * availability, type and cost of housing • industrial expansion agricultural land preservation efforts local attractiveness and ambiance • adopted local government policies • energy availability and cost 9 0 12 a 2.9 EMPLOYMENT ECONOMIC FRAMEWORK components of the Population and the economy are interrelated arcom of me County's the development picture. Both are limited by the capacity change the in one physical resources and infrastruecture the other component. Change 1 component affects associated change in the total population affects the level of demand for me opportunities, while change in the employment number of people in the affected area and her rn of net for housing the experiencing a pattern ern ofenct for housing and services. If an area and is likely in-migration during the planning period growth likely time can be continr growth, future pop continued economic gr expected. growth is employment. This indicator The basic indicator of economic gr provided in ent such as the can be broken down into other facteoramount of income level of employmeon.the and the rate of unemployment, the requirements of that se various sectors, and the future facility estimating the degree a change an Examination of these factors seeks to esmsess the economic state of an Ex desirable area and provides the basis for e likely. ro riate and It further serves as the in balance appropriate more growth trends and the degree of the preferred for the area. Balanced alth of thelarea,7ethemstaba�1P Y favorable on the economic of life enjoyed by the area's employment picture, the quality residents and the costs of future development. nescription And A*+a $ of Economic Tr� e_ in Oran a Count seventeen one of s Orange County is part of the Triangle J Regio , J Region is also planning regions in North Carolina. The Triangle 3 Region areas, also composed of two other counties containing metropolitan Lee, areas, and and Durham: and three non-metropolitan counties, le J Region nd The Triangle Johnston xpre (See Triangle i iant J growth Region a s the region enjoys comparative experiencing sign characterized by a level advantages statewide. The area is currently growth. of employment opportunities which is outpacing population ernment, higher New employment is particularly concentrated in the go education, research and development and service sectors. Individuals eduke opportunities are migrating seeking these employment areas both within and outside of the state. patterns, growth and migration p As there is a link between economic d b the area will be associated the continued economic growth enjoyed will perceive associated with continued in-migration as potential employees o population growth will stimulate employment climate. This source of P gods and encourage activity in increased demands for services and goods the fastest growth the commercial and service sectors to saexperiencing these demands. Orange County and the Triangle are currently in the state and this plays an important role inthi economic Triangle J in scenario. The major focus for economic growth 1 Region and in Orange County are the important employment centers located in the vicinity. These employment centers include Research Triangle Park (Founded in the mid-1960's) , three universities (University of North Carolina at Chapel Hill; North Carolina State University in Raleigh; and Duke University in Durham) , North Carolina Memorial Hospital, Duke University Hospital, Blue Cross and Blue Shield of North Carolina and the state government at Raleigh. Research Triangle Park in particular has had an important impact on the area in terms of industrial and commercial expansion beyond the boundaries of the Park. Its success has augmented the perception of the area as a prime investment area. The primary geographic focus for employment within Orange County is divided between the Chapel Hill/Carrboro area and the I-85/U.S. 70 Southern Railroad corridor which bisects the County, crossing east- west through the township of Cheeks, Hillsborough and Eno. The Chapel Hill/Carrboro's employment emphasis is in institutional and governmental employment sectors given the presence of the University of North Carolina. Its presence has also generated significant commercial and services activity. The transportation corridor crossing the central townships is characterized by commercial and industrial activity. In Orange County, the single largest employer is the University of North Carolina at Chapel Hill. It is unlikely that a significant alternative employment center will emerge in the immediate vicinity within the County. As a result commutation patterns, particularly in the southern tier of the County, are focused on the Chapel Hill/Carrboro urban area. However, commutation patterns characteristic of the County are also focused on employment centers outside of Orange County. The commutation patterns of Orange County residents reflect the location of major employment centers, within and without Orange County, and the character of the county road network. The existence of a well-defined state highway system providing convenient and dependable access from the rural areas of the County to Chapel Hill/Carrboro and from both the rural and urban areas of the County to employment centers in neighboring Durham and Wake Counties plays a very significant role in the economic growth framework. In terms of location and access, Orange County residents are successfully competing for jobs within and outside of the area. In addition, adequate services and retail facilities are close to residential areas due to good road access. However, the willingness of County residents to commute to jobs and travel relatively long distance to satisfy their demands for goods and services may change dramatically if energy costs and availability become so prohibitive as to impact on transportation costs and result in an increased demand for more local goods and services requiring fewer and shorter trips. This situation may also result in a further erosion of the rural quality of life and increase the sense of isolation and economic disadvantage experienced by rural residents of the County. 2 An important economic factor in Orange County is the disparity between the rate of population growth in the County and the level of employment based out-commutation as shown in Table 2-14. Orange County experienced a negative net commutation pattern in both 1960 and 1970 at a time when the County was experiencing a positive population growth rate. It is not clear what proportion of the population commute because of better jobs or a greater availability of jobs outside the County, and what proportion have sought and found employment in adjacent counties and have then chosen to reside in Orange County. It appears, however, that Orange County offers important residential advantages and intangibles important in the residential location decisions of future County residents. These intangibles include, the availability of higher education and recreational opportunities and a general ambiance perceived as appropriate for pleasant residential living. The concern becomes how to provide local employment for County residents without significantly damaging the natural and man-made environments encouraging residential in-migration and, yet promote development patterns aimed at minimizing land energy consumption. The present growth pattern is accompanied by a shifting of labor out of the agricultural sector, a sector which is limited in terms of creating new jobs. This labor shift is compounded by an increased level of development pressures on farmland for non-farm uses, particularly residential uses. As Orange County and the region receive a larger proportion of total state growth, serious concerns are raised regarding the impact of such growth on traditional land uses and traditional employment sources throughout the rural areas of the County. Further concerns are raised regarding the impact of such in-migration on lower income County residents. The weighting of employment opportunities at the white collar end of the scale corresponds with higher incomes and a rise in the cost of living. Migrants attracted to the area are often either accustomed to a higher cost of living and financially capable of adapting to it are willing to forego current and future hardship to take advantage of preferred employment and the area's compensatory factors. Some County residents, particularly low-income residents, are increasingly unable to compete with the in-migrants for jobs and housing, forcing many to leave the County either to find housing or jobs or both. Although there are no absolute growth limits, public response to these concerns should seek the effective and well-Planned management of growth pressures to minimize such negative impacts. The subject of affordable housing in the County is one that is being studied by a committee of residents and developers and UNC representatives. 3 EMPLOYMENT PROFILE Labor Farce Characteristics Between 1974 and 1984, Orange County's civilian labor forceons The c average i an industrial ial rate em employment 3.55% to a total growth rate grrew.at a higher rate of 4.96% per year during coo unty s r he same period. By 1987, the labor force had grown to 49,380. Of that total, 1400 persons were unemployed yielding an unemployment rate of 2.8%. male 51% .of the employed s alter force 49% rate female. 2..4�, while unemployment rate 3.0% of the female labor force was unemployed in 1985. was By contrast, in 1979, the total labor force of Orange County was composed of 39,660 persons. The unemployment rate for the year translating into an employed labor force of 38,440 P ersons. percent percent of the employed force were male and 42.5 p ned were female. The male unemployment rate 'wlas em l t rate was o fined wer than the unemployment rate at 3.0% and the female la at 3.2%. Table 2-15 further describes the labor force of Orange County by sex and minority status. TABLE 2-15 Unemployment Trends As to ent is a key indicator f experienced in economic health the noted earlier, employment unemployment exp health of thhe e County. The rate of unemploym County is a particularly useful measure of this economic health. 2.8%, Ong the lowest Orange County's current unemployment rate is 2. 10 td persons in the state. it corresponds to a total comparison,400 u �the statewide out of a workforce of 49,380.* In unemployment rate in 1987 was 5.7% and the national unadjusted rate 6.8$. It is clear from this comparison al vitality relative to its olocation experiencing economic health and and rapid population growth. Sectoral Analysis reveals the contribution of the each sector to the structure economy Land highlights sectoral contribution of ea stability County.trends influencing the ent structure of Orange County by sector is breakdown of the employment in Table 2-16. TABLE 2-16 ym SOURCE: N.C. Employment Securit y Commission, Labor Market Information Division, 1988. 4 rose by 68%, Between 1970 and 1980, total employment in Orange County g 1987, that from 27,500 persons in 1970 to 40,600 6to persons 8,380. Throughout the period, number had increased again by ent accounted for the largest Nan-agricultural Wage and percentage of employed p ersons In the period 1976 to 1986, total agricultural employment was the only sector experiencing a decline, falling 61% toaall-time low of 460 persons by 1986. This decline in agricultural parallels similar trends throughout the Triangle Region and North Carolina. The government sector grew by 51%, representing the largest increase in employment in any sector, as well as absorbing the largest percentage of employed County residents, 43%. Only 6.2% of employment in the County was in Manufacturing compared with 19.8% in the Triangle J Region and 32.2% In 1977, 2% statewide. in Orange County contained 58 industrial-based establishments, plloying 2000 workers. By 1986, the number of manufacturing employees grown only 930 persons to 3,000. Meanwhile, l the total County employment picture gained almost 12,000 ctor new the employed persons. The_ contribution of the manufacturing during the plan period. will probably not increase significantly 9 Areas appropriate for industrial ataCommercial-Industrial lv Transition along the I-85/US 70 corridor an and Rural Industrial activity nodes located throughout the County. finSEEMeRta Smolovment The single most important sector in Orange County is government. In 1962, 5900 persons were employed in the government sector. By 1980, 16,260 persons had been absorbed einto o thessector,andebunting for 43 1986, 20,770 persons were employed expansion of this of the total employed persons of the County. The sionuence is employment sector reflects the growth and p the University of North Carolina at Chapel Hill throughout the period. TABLE 2-17 As shown in Table 2-17, Orange County was second only to Wake County of in the number of government employees, reflecting the dorm had a the state government in Wake County. However, Orange County largest percentage of its county e dewill concentrated and important employment sector. Although government will employment sector in Orange county, it current cle climate of fiscal remain a growth sector given the SOURCES: U.S. Department of Commerce,ion J u of EconomicCo Analysis.is. An Economic Analysis of of Governments. November 1980. Exhibit Vi-A. 5 austerity. Per Capita Income Per capita income measures the income generating strength of the local County economy. The per capita income for Orange County rose from $3,187 in 1970 to $6,770 in 1978 to $11,064 in 1985. TABLE 2-18 As shown in Table 2-18, through 1980 Orange County's per capita income was lower than the Raleigh-Durham WISA, the Triangle ,7 Region • and the nation. Not shown in the table is the change in relative per capita income by 1985. By this time, the County had surpassed both the nation and the state in per capita income. +1- The County's per capita income would likely be higher if not for the large institutional component of the Orange County population associated with the presence of the University. Recent gains on income, however, have been substantial even when adjusted for inflation. This suggests growing income base increasingly augmented by high-income workers and in-migrants. 6 • 3.0 LAND USE PLAN 3.1 PURPOSE AND STRUCTURE, OF THE PLAN In its broadest sense, County planning is a process of guiding and managing the growth and development of the County through the application of sound planning principles. The planning process should reflect the social, economic and natural environmental, conditions throughout the County and be responsive to the needs and desires of the County citizens. From this planning process should emerge the comprehensive plan which includes the following elements: the Use, Circulation, mousing, Conservation, Open Space, Noise, and Scenic Highways. The comprehensive plan constitutes the primary statement of policy regarding land use and development in Orange County. As an element of the Orange County Comprehensive Plan, the Orange County Land Use Element is the official guide for the rational distribution of growth in the County. This element recommends management strategies which serve to allocate the uses of land to assure appropriate future development objectives. Further, the Element serves as a policy guide to assist public officials in their day-to-day decision making which bears on the land development process. The foundation of the Land Use Element is the County-wide goals and policies which provide the written framework to guide future public and private development decisions. The goals are general statements which express the ideals toward which the management of growth and development will be directed. Each goal is supplemented by policies which state specific public actions which should be taken to achieve the goal's objectives. To be effective, these goals and policies must reflect and be responsive to the needs and desires of the residents of the County. The key structural element of the Land Use Element are the township components. The township components refer to a township specific plan for each of Orange County's seven townships. These township components contain most of the land use planning information and recommendations of the Land Use Plan. The achievement of the objectives of the Land Use Element requires the adoption of appropriate implementation tools. These implementation tools include the zoning ordinance, subdivision regulations, soil erosion and sedimentation control ordinance, flood damage prevention ordinance, stormwater management ordinance, capital improvements programs, thoroughfare plan, community development projects, coordinated inter-governmental planning mechanisms and improved public awareness of planning issues. A number of these implementation tools are currently in effect in Orange County. Others will be developed, as required, to insure that desired land use and development objectives are achieved. 1 Li BASIC CONCEPTS The conceptual framework for the Orange County Land Use Element emerged from the information base contained in the County-Wide Profile and from the adopted goals and policies. The basic working concepts reflect a desire to balance community development needs and concerns with the constraints and limitations of the natural and existing man-made environments. They further represent an attempt to modify the historically evolved land use, patterns to more appropriately reflect the stated goals and policies for Orange County. Land uses in Orange County range from urban residential and commercial development in the Chapel Hill-Carrboro area to the low intensity rural and agricultural land uses in the northern townships. The primary factor contributing to the form of development in the County is the road system. The widespread existence of rural highways along which commercial enterprises are located at wide intervals serving dispersed residential development clearly influences and demonstrates a pattern of settlement decentralization that becomes more obvious as one moves away from the Towns. To minimize the existing energy-inefficient and land consuming pattern of rural sprawl, the Land Use Element is premised on two basic strategies: activity nodes and infill development. The activity node strategy serves to cluster commercial and industrial development at major intersections throughout the County in locations appropriate for serving the needs of the local residents. The activity nodes are of various' sizes and types to accommodate specified levels of intensity of commercial and industrial activities. As designated activity nodes become "built out" , new activity nodes may be evaluated and located using the locational criteria for the appropriate land use category or type of activity node. The primary objective to be achieved through the use of the, activity node strategy is the efficient and compact use of the land. Fundamentally, the activity node strategy seeks to minimize inappropriate and potentially land consuming development patterns, particularly as they impact on prime agricultural land. This strategy cannot be effective without a parallel strategy directed at managing development trends in the urban and urbanizing areas of the County. Unlike the rural areas, these urban areas are presently served or are scheduled to be served by municipal water and sewer systems and contain other urban support services which allow for a higher density, higher intensity development pattern. However, even with the presence of these support systems significant portions of the County's urban area remains underdeveloped. To capitalize on this pool of undeveloped urban land, the Land Use Element incorporates a second development strategy: "infill" 2 ' development. The infill development strategy is premised on the desirability of encouraging development to occur first within the corporate limits of the Towns and then, when appropriate, within those areas surrounding the Towns which are in transition from rural to urban development patterns. The achievement of a higher rate of infill development than experienced in the past requires a combination of incentives and disincentives to development activity which include, but are not limited to, allowing higher densities and intensity of land uses within urban areas and urbanizing areas and allowing only low intensity uses outside these areas; streamlining development review processes for high intensity uses; requiring development standards in transition areas similar to those in urban areas; and phased extension of urban services. The level of infill desired in a given area is a policy issue. The successful achievement of the infill policy objectives would result in a more compact and efficient urban form; lead to reduced transportation and energy costs; reduce public services costs; and minimize the conversion of agricultural land to urban uses as a result of development pressures. The major management tool to be used to accomplish the infill objectives is a structured, cooperative planning process between the municipalities and the County. This process would emphasize the advantages of promoting a more compact urban form, preserving prime agricultural land and protecting future water resources. The combined use of the activity node and infill strategies provides the management tools whereby the future accommodation of development pressures can be facilitated in an efficient, controlled and impact-minimizing manner. ] 3 3.3 LAND USE PLAN CATEGORIES, One of the fundamental methods used to achieve the stated Goals and Policies of the Land Use Element is the design and application of a land classification system. Each category of the land classification system is designed to accommodate certain uses throughout the County to achieve a desired pattern of development. Land in the County was classified into these categories according to the public policies expressed in the Land Use Element, the set of locational criteria defining the appropriateness of the physical environmental context and the projected population change and resulting land requirements in the County. The land use +/- categories contained in the Orange County Land Use Element are based on five basic categories which have been refined into a more detailed classification system to meet the specific needs of the County. These categories are presented below: BASIC CATEGORY ORANGE COUNTY LAND USE PLAN CATEGORIES DEVELOPED Urban Existing Urban Activity Node Proposed Urban Activity Node TRANSITION 10-Year Transition 20-Year Transition Commercial Transition Activity Node Commercial-Industrial Transition Activity Node COMMUNITY Rural Community Activity Node RURAL Rural Buffer Rural Residential Agricultural-Residential Rural Neighborhood Activity Node Rural Industrial Activity Node Agricultural Areas CONSERVATION Public Interest Area Water Supply Watershed Water Quality Critical Area Resource Protection Areas Amended 4/2/84 A description of each land use plan category is contained on the following pages. 4 LAND USE PLAN CATEGORY DESCRIPTIONS ORAg. Land that is within the corporate limits of a town and, therefore, under the jurisdiction of the Land Use Plan for the Town. EXISTING URBAN ACTIVITY NODE. Land corresponding to "activity centers" designated by the Towns of Chapel Hill and Carrboro and similarly identified for the Towns of Hillsborough and Mebane. EAMEED URBAN ACTIVITY NODE. Land corresponding to proposed "activity centers" designated by the Towns of Chapel Hill and Carrboro. 10-YEAR TRANSITION. Land located in, areas that are in the process of changing from rural to urban, that are suitable for urban-type densities and should be provided with public utilities and services within the first 10-year phase of the Plan. 20-YEAR TRANSITION. Land located in areas that are in the process of changing from rural to urban, that are suitable for urban-type densities and should be provided with public utilities and services within the second 10-year phase of the Plan. COMMERCIAL TRANSITION ACTIVITY NODE. Land focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses. COMMERCIAL-INDUSTRIAL TRANSITION ACTIVITY NODE. Land focused on designated road intersections within either a 10-year or 20-year transition area that is appropriate for retail and other commercial uses and/or manufacturing and other industrial uses. RURAL COMMUNITY Aglinly NODE. Land focused on designated road intersections which serves as a nodal crossroads for the surrounding rural community and is an appropriate location for any of the following uses: church, fire station, small post office, school, or other similar institutional uses and one or more commercial uses. RURAL BUFFER. Land adjacent to an- Urban or Transition area which is rural in character and which should remain rural, contain very low- density residential uses and not require urban services during the plan period. RURAL RESIDENTIAL. Land in the rural areas of the County which is appropriate for low intensity and low-density residential development and which would not be dependent on urban services during the plan period. AGRICULTURAL RESIDENTIAL. Land in the rural areas where the prevailing land use activities are related to the land (agriculture, forestry) and which is an appropriate location for the continuation of these uses. RURAL NEIGHBORHOOD ACTIVITY NODE. Land focused on designated road intersections within a Rural Residential or Agricultural-Residential 5 ' area that is appropriate for small-scale commercial uses characteristic of "Mom and Pop" convenience stores and gas stations. RURAL INDUSTRIAL ACTIVITY NODE. Land focused on designated road intersections within a Rural Residential or Agricultural-Residential area that is appropriate for small scale industrial uses which do not require urban-type services. EXTRACTIVE USE. Land designated to encompass operations designed primarily for the mining and quarrying of those substances which are legally removable from the ground and substrata. AGR/CULTURAL Agsm. Land which is actively being used for farming and forestry purposes and which qualify for or are listed for, use value taxation purposes. PUBLIC INTEREST, AREA. Land which contains public or quasi-public uses such as publicly owned land, research forests or known archaeological or historical sites. WATER SUPPLY WATERSHED. Land draining to existing reservoirs which serve as public water supplies for the County, or to potential reservoir sites which have been designated for protection against threats to the water quality of future water supplies. *WATER QUALITY CRITICAL A. Land draining directly to existing or future water supply impoundments by overland flow and interflow, called shorelands, and draining into the main channels of trunk streams emptying into the impoundments, called non-basin drainage areas. RESERVOIR. Land which contains the necessary attributes for the placement of a water supply impoundment to supply an adequate quality of water for public purposes. RESOURCE PROTECTION AREAS. Land which contains identifiable or potential natural resources. This includes wetlands along drainage tributaries, and steep slope areas (15% or greater) . These areas form the basis for a parks and open space system which provides the framework within which other land uses are situated. (is this still applicable?) *Amended 4/2/84 6 3.4 LOCAT/ONAL CRITERIA Applying each of the Land Use Element categories includes making decisions about the most appropriate distribution of land uses throughout the County. Land in the County was filtered through the set of criteria in order to evaluate the suitability of certain locations to contain various land uses. The following locational criteria and their evaluation determine the best location for new land uses in the County. The locational criteria include: - Land Slope - Hydrology Flora and Fauna Soil Conditions - Public Services/Utilities - Transportation System • Energy Use - Existing Land Use - Agriculture and Forestry - Population Density - Historic and Cultural Features The locational criteria applicable to each Land Use Plan Category are presented on the following pages. 7 LOCATIONAL CRITERIA AND EVALUATION BY LAND USE PLAN CATEGORY PLAN CATEGORY: URBAN Land Slope. No evaluation. Hydrology. No evaluation. Flora and Fauna. No evaluation. Soil Conditions. No evaluation. Public Services/Utilities. Located in areas which are or could be reasonably and effectively served by centralized public services and utilities. Transportation System. No evaluation. Energy Use. No evaluation. Existing Land Use. Located within the municipal boundaries or transition areas of the Towns of Chapel Hill, Carrboro, Hillsborough and Mebane. Agriculture and Forestry. No evaluation. Population Density. No evaluation. Historic and Cultural. No evaluation. PLAN CATEGORY: EXISTING URBAN ACTIVITY NODE Land Slope. No evaluation. Hydrology. Na evaluation. Flora and Fauna. No evaluation. Soil Conditions. No evaluation. Public Services/Utilities. Located in areas which are or could be reasonably and effectively served by centralized public services and utilities. Transportation System. No evaluation. Energy Use. No evaluation. Existing Land Use. Located within the identified Urban area. Agriculture and Forestry. No evaluation. 8 ' 1 PoDulation Reggity.. Located in areas with moderate to high population densities. Historic and Cultural. Located away from areas where development would have a detrimental impact on state or federally acknowledged historic- cultural sites or County identified Public Interest Areas. PLAN CATEGORY: TEN AND TWENTY YEAR TRANSITION Land Slope. No significant slope or topography problem that would unreasonably increase the cost of extending water and sewer lines. Hydrology. Located outside of 100-year flood prone areas as identified by the Corps of Engineers. Flora and Fauna. Located away from sites that would, if developed, create a threat to unique or endangered species as identified by the state or federal government. Soil Conditions. Located in areas where general soil conditions are suitable for urban uses because of good drainage characteristics and load bearing capacity for site development. Public agryicegatilitlea. Located in areas which are or could be reasonably and efficiently served by centralized public services and utilities. Transportation gyatem. Located in areas that have very good road access, as well as service by rail lines. These areas should have the most complete transportation network in the County's planning jurisdiction. Ener Use. Located within less than a 5 minute commuting time from small-scale commercial uses and a 5-10 minute commuting time from major commercial uses or an Urban area. Existing Land Use. Located in areas which are in transition from rural or low-density uses to urban or higher density uses. Agriculture and Forests . Located away from areas where development would have a detrimental impact on productive agricultural uses and managed forest land. Population Density. Located in areas with moderate to high population densities. Historic and Cultural. Located away from areas where development would have a detrimental impact on state or federally acknowledged historic - cultural sites or County identified Public Interest Areas. 9 * = PLAN CATEGORY: COMMERCIAL TRANSITION ACTIVITY NODE Lang Slope. Located on land with slopes of less than 15% grade. Hydroloov. Located outside of 100-year flood prone areas as identified by Corps of Engineers. Elam and EAnnA. Located away from sites that would, if developed, create a threat to unique or endangered species as identified by the state or federal government.. Soil Conditions. Located in areas where general soil conditions are suitable for urban uses because of good drainage characteristics and load bearing capacity for site development. Eatlig islmlaAALQUILOAa. Located in areas which are or could be reasonably and effectively served by centralized public services and utilities. IKAAB224tati2 Yatell. Focused on the intersection of arterial and/or collector highways and extending .5 miles beyond such intersections or within one mile of an interstate interchange. Energy gag. Located within less than 10 minute commuting time from an Urban Area. Existing Land Use. Located within identified Ten or Twenty Year Transition areas. Aggloltugft and Egt2gI2y. Located away from areas where development would have a detrimental impact on productive agricultural uses and managed' forest land. Population Density. Located in areas with moderate to high population densities. giltarig and caltargl. Located away from areas where development would have a detrimental impact on state or federally acknowledged historic - cultural sites or County identified Public Interest Areas. PLAN CATEGORY: COMMERCIAL-INDUSTRIAL TRANSITION ACTIVITY NODE Land Slope. Located on land with slopes of less than 15% grade. Hydroloax. Located outside of 100-year flood prone areas as identified by the Corps of Engineers. Flora and Fauna. Located away from sites that would, if developed, create a threat to unique or endangered species as identified by the state or federal government. • Soil onditlala. Located in areas where general soil conditions are suitable for urban uses because of good drainage characteristics and 10' --•........ssa••■••■■••••■•ssegaroomaamomnomm■ozoomeosmommoldiCOMMENNISSIMS10800611311M load bearing capacity for site development. Public Services/Utilities. Located in areas which are or could be reasonably and effectively served by centralized public services and utilities. Transportation System. Focused on the intersection of arterial and/or collector highways and extending .5 miles beyond such intersections or within one mile of an interstate interchange and within 1000 feet of rail lines. Engsgy Use. Located within less than a 10 minute commuting time from an Urban area. Existing Land Use. Located within identified Ten or Twenty-year Transition areas. Agriculture and Forestrv. Located away from areas where development would have a detrimental impact on productive agricultural uses and managed forest land. Population Density. Located in areas with moderate to high population densities. Historic and Cultural. Located away from areas where development would have a detrimental impact on state or federally acknowledged historic- cultural sites or County identified Public Interest Areas. PLAN CATEGORY: RURAL COMMUNITY ACTIVITY NODE Land Slope. Located on land with slopes of less than 15% grade. Hydrology. Located outside of 100-year flood prone areas as identified by the Corps of Engineers. Flora and Fauna. Located away from sites that would, if developed, create a threat to unique or endangered species as identified by the state or federal government. Soil Conditions. Located in areas where general soil conditions are suitable for on-site sewage disposal systems. Public Services/Utilities. Located in areas that will not require urban-type services. Transportation System. Focused on the intersection of arterial and/or collector highways and extending .5 miles beyond such an intersection. Energy Use. No evaluation. Existing Land Use. Location characterized by a cross-road that serves as a focal area for the surrounding rural and farm population and contains three or more commercial or institutional land uses. 1 • 12111=re and Forestry. Located at sites within rural areas that would not unreasonably intrude upon the existing landscape character. kovAlAtkaa Density. Located in areas which would serve the surrounding low-density rural and agricultural population, generally 1000-5000 persons. Historic and Qultural. Located away from areas where development would have a detrimental impact on state or federally acknowledged historic - cultural sites or County identified Public Interest Areas. PLAN CATEGORY: RURAL BUFFER 'And S12 . No evaluation. Hypiggkolge. No evaluation. ElgER and Fauna. Located away from sites that would, if developed, create a threat to unique or endangered species as identified by the state or federal government. 2211 Conditions. Located in areas where general soil conditions are suitable for on-site sewage disposal and agricultural uses. Public 210/11EADMILLUIE. Located in area that will not require urban-type services. TrAnspottAtion amtga. No evaluation. Energy Use. No evaluation. Existing Land Use. Located in areas directly outside of Transition and Urban areas where prevailing uses are rural residential and agricultural in nature. Agriculture and EorgAtry. See Existing Land Use. 21111t12A PAAALty. Located in areas with a very low-density rural population. 1.111=12 and agitwol. Located away from areas where development would have a detrimental impact on state or federally acknowledged historic- cultural sites or County identified Public Interest Areas. PLAN CATEGORY: RURAL RESIDENTIAL Land Slope. Located on land with an overall slope of less than 15% grade. ' 12' • 1 HydEology. Located outside of 100-year flood prone areas as identified by the Corps of Engineers. flora and Fauna. Located away from sites that would, if developed, create a threat to unique or endangered species as identified by the state or federal government. 5211 gmAitima. Located in areas where general soil conditions are suitable for on-site sewage disposal systems. Public gaggigeaLWIltles. Located in areas that will not require urban-type services. Transportation System. No evaluation. Energy, Use. Located in areas at least 5 minutes commuting time from an activity node. Exisling Land Use. Located in association with other low-density rural residential uses in general proximity to developed or developing activity nodes. Agriculture and goregtgy. Located away from areas that would, if developed, have a detrimental impact on productive agricultural and managed forest land. Population Density. Located in areas of rural population density, generally one dwelling unit per acre. Historic, and galtmal. Located away from areas where development would have a detrimental impact on state or federally acknowledged historic- cultural sites or County identified Public Interest Areas. PLAN CATEGORY: AGRICULTURAL RESIDENTIAL Land Slope. No evaluation. Hvdroloay. No evaluation. Flora and Fauna. No evaluation. Soil gsmaitivil. Located in areas where general soil conditions are good for agriculture production. Public Agmlgftgatilitieg. Located in areas where urban-type services, especially water and sewer lines, are not needed and should be discouraged. Transportation Lutes. No evaluation. Eneray Use. No evaluation. Existing Land Use. Located in areas where the prevailing activity is 13 agriculture or forestry and which is outside of non-farm clusters of population. Agriculture and Forestry. See Existing Land Uses. Population Density. Located in areas of very low population density which is dispersed in a manner typical of agriculturally productive areas. Historic and Cultural. Located away from areas where development would have a detrimental impact on state or, federally acknowledged historic- cultural sites or County identified Public Interest Areas. PLAN CATEGORY: RURAL NEIGHBORHOOD ACTIVITY NODE Land Slope. Located on land with slopes of less than 15% grade. Hydrology. Located outside of 100-year flood prone areas as identified by the Corps of Engineers. Flora and Faun . Located away from sites that would, if developed, create a threat to unique or endangered species as identified by the state or federal government. Soil Conditions. Located in areas where general soil conditions are suitable for on-site sewage disposal systems. Public lesEigelLaLkatkes_. Located in areas that will not require urban type services. Transportation System. Focused on the intersection of arterial and/or collector highways and extending .25 miles beyond such intersections. Energy Use. Located at least two miles from another Rural Neighborhood Activity Node. Existing Land Use. Located in an area surrounded by rural or agricultural residential uses and containing one or two commercial uses. Agriculture and Forestry. Located at sites within rural areas that would not unreasonably intrude upon the landscape character. Population Density. Located in areas which would serve the surrounding low-density rural and agricultural population, generally less than 1000 persons. Historic and Cultural. Located away from areas where development would have a detrimental impact on state or federally acknowledged historic cultural sites or County identified Public Interest Areas. 14' PLAN CATEGORY: RURAL INDUSTRIAL ACTIVITY NODE Land Slope. Located on land with slopes of less than 15% grade. Hydrology. Located outside of 100-year flood prone areas as identified by the Corps of Engineers. Flora and Fauna. Located away from sites that would, if developed, create a threat to unique or endangered species as identified by the state or federal government: Soil Conditions. Located in areas where general soil conditions are suitable for on-site sewage disposal systems. Public Services/Utilities. Located in areas that will not require urban-type services. Transportation System. Focused on the intersection of arterial and/or collector highways and extending .5 miles beyond such an intersection. Enemy Use. Located at least five miles from another Rural Industrial Activity Node. Existing Land Use. Located in an area surrounded by rural, very low- density residential uses or agricultural uses. Agriculture and Forestry. Located at sites within rural areas that would not unreasonably intrude upon the existing landscape character. Population Density. Located in areas with a very low-density rural population. Historic and Cultural. Located away from areas where development would have a detrimental impact on state or federally acknowledged historic - cultural sites or County identified Public Interest Areas. PLAN CATEGORY: AGRICULTURAL AREAS Land Slope. No evaluation Nydrolocry. No evaluation Flora and Fauna. No evaluation Soil. Conditions. Located in areas where soil conditions are suitable for agricultural production. Public Services/Utilities. Located in areas where urban-type services, especially water and sewer lines, are not needed and should be discouraged. Transportation System. Located on areas with access to roads that can be used for product transportation. 15' • • Enerav Use. No evaluation. Existing Land Use. Located in areas where the, prevailing activity is agriculture, and outside of non-farm clusters of population. Agriculture and Forestry. See Existing Land Uses. Population Density. Located in areas of very low population density which is dispersed in a manner typical of agriculturally-productive areas. Historic and Cultural. Located away from areas where agricultural activity would have a detrimental impact Connstaieeorifederallyic acknowledged historic/cultural sit . Interest Areas. • PLAN CATEGORY: EXTRACTIVE USES Land Slope. Located on land with slopes of less than 15%. Hvdroloay. Located outside water supply watersheds where runoff might affect water quality. • Flora and Fauna. Located away from sites that would, if developed, species create a threat to unique or endangered state or federal government. Soil Conditions. Located in areas where soil conditions and stability are suitable for extractive operations. Public Services/Utilities. Located in areas wwhhereaurban-ldebservices, especially water and sewer lines, are not discouraged. Transportation System. Located on or near areas with .access to roads that are designed for heavy vehicle' operation. Eneray Use. No evaluation. Existing Land Use. Located in areas where the prevailngiactivity is agriculture, and outside of non farm clusters of pop i Agriculture, and Forestry. See Existing Land Uses. o Population Density. Located in areas of very low population density which is dispersed in a manner typical of rural areas. • Historic• sad Cultural. Located away from areas where agricultural activity would have a culturaltsitesportCountysideatigiedry acknowledged historic/cultural Public Interest•.Areas. i . 16. • PLAN CATEGORY: PUBLIC INTEREST AREA Land Slope. No limitation. Hydrology. Located in areas that may be within 100-year flood prone areas. Flora and Fauna. Located in areas that may contain unique and endangered species as identified by state or federal government. Soil Conditions. No limitation. Public Services/Utilities. Located in areas where urban-type services will not be required and should be discouraged. Transportation System. Located in areas where arterial or collector highways would not exist or be needed. Energy Use. No evaluation. Existing Land Use. Located in areas containing specialized uses, generally owned by public or quasi-public institutions. Agriculture and Forestry. No limitation. Population Density. Located in areas which by their nature would have an extremely low-density population or contain no permanent residential population. Historic and Cultural.s identified by nstate areas orthat federal have governmenthistoric or the cultural values s a Y County. PLAN CATEGORY: RESOURCE PROTECTION AREAS Land Slope. No evaluation Hydrology. Located in areas that are in or near wetlands along drainage tributaries or adjacent steep slope areas. Flora and Fauna. Located in areas that may contain unique and endangered species as identified by state or federal government. Soil Conditions. No evaluation. Public Services/Utilities. Located in areas where urban-type services, will not be required and should be discouraged. Transportation System. Located in areas where arterial or collector roads would not exist or be needed. 1?' Energy Use. No evaluation. Existina Land Use. Located in areas that are undeveloped and left in a natural state because of wetland limitations. Agriculture and Forestry. See Existing Land Uses. Population Density. Located in areas which by their very nature would have no permanent residential population. HiStOrie and Cultural. Located in areas that may have historic or cultural value as identified by state, federal or County government. PLAN CATEGORY: WATER SUPPLY WATERSHED Land Slope. No limitation. Hydrology. Integral to Land Use Plan Category. Flora and Fauna. No evaluation. Soil Conditions. No evaluation. Public Services/Utilities. Located in areas where urban-type services especially water and sewer lines, should be discouraged unless a Ten or Twenty-Year Transition area is present. Transportation System. No evaluation. Engggy Use. No evaluation. Existing Land Use. No evaluation. Agriculture and =atty. No evaluation. Population Density. No evaluation. Historic and Cultural. No evaluation. PLAN CATEGORY: WATER QUALITY CRITICAL AREA Amended 4/2/84 Land Slope. No evaluation.* Hydrology. Located in areas which drain directly to a water supply impoundment by overland flow and interf low or which drain directly to the main channel of trunk stream feeding the impoundment. Flora and Fauna. No evaluation. Soil. Conditions. No evaluation. 18' Public Services/Utilities. Located in areas which are characterized by low-density residential and minimal non-residential development. Transportation System. No evaluation. Energy Use. No evaluation. Existing Land Use. Located in areas which are characterized by a low density residential and minimal non-residential development. Agriculture and Forestry. No evaluation. Population Density. Located in areas with low population densities. Historic and Cultural. No evaluation. *No evaluation - means this item is not a criteria for the application of the Plan Category. 1.5. LAND USE GOALS AND DRAFT POLICIES The County-wide goals for Orange County are general in concept and scope. They encompass areas over which the County government has varying degrees of influence and serve as a guide in developing policies and programs related to land use and the management of growth and development in the County. CATEGORY: NATURAL. ENVIRONMENT, RESOURCES golgaggallpa AND Amu GOAL ONE: The conservation and protection of Orange County's natural and cultural environments by means which are equitable to all citizens of the County. 1.1 Protect the following significant Public Interest Districts from adverse development impacts and require management of these areas in ways that will prevent internally generated negative impacts from affecting surrounding land: publicly owned parkland (Eno River State Park) ; water reservoir buffer land (lands around University Lake); state or federally designated historic/archaeological sites; research oriental lands 19' . , AA LAND USE pious AND DRAFT POLICIES The County-wide goals for Orange County are general in concept and scope. They encompass areas over which the County government has varying degrees of influence and serve as a guide in developing policies and programs related to land use and the management of growth and development in the County. gaTEMIL WHEAL mulaammt, RESOURCES CONSERVATION AND REMY_ GOAL ONE: The conservation and protection of Orange County's natural and cultural environments by means which are equitable to all citizens of the County. 1.1 Protect the following significant Public Interest Districts from adverse development impacts and require management of these areas in ways that will prevent internally generated negative impacts from affecting surrounding land: publicly owned parkland (Eno River State. Park) ; water reservoir buffer land (lands around University Lake and Cane Creek reservoirs) ; state or federally designated historic/archaeological sites; research oriented lands (Duke Forest) ; and lands placed by individual property owners into conservation easements. 1.2 Restrict or prohibit uses in flood hazard areas which are dangerous to health, safety and property due to flood heights or velocities. Protect the function of the floodway to provide passage for the 100-year flood without increasing flood levels upstream. GOAL TWO: The conservation of natural resources in Orange County. 2 .1 Maintain and protect land which contains valuable \ renewable resources such as productive agricultural areas, managed forest areas and potential reservoir sites by directing incompatible development away from I these areas. 2.2 Protect non-renewable resource lands from incompatible . development and allow their use in a safe and . reasonable manner according to performance standards designed to ensure a sufficient level of environmental protection. GOAL THREE: The conservation of energy resources in Orange County. i 3.1 Encourage site planning and design alternatives for , building development which reduce the demand for i . artificial heating, cooling, ventilation and lighting. 3.2 Modify land development regulations to eliminate impediments to the introduction of more energy - efficient design and construction. . . 3.3 Encourage energy-efficient industry to locate or expand in the County in the appropriately designated land use +/- areas. 3.4 Encourage the design, sitting, construction and management of public buildings and public housing in a manner which conserves energy and/or uses non- polluting renewable energy sources when economically feasible. 3.5 Develop educational and public information programs to increase awareness of the potential for the design, construction and rehabilitation of commercial and residential structures which are energy efficient and/or use non-polluting renewable energy sources. GOAL FOUR: Development of renewable sources of energy. 4.1 Facilitate the use of non-polluting renewable sources of energy by removing local administrative and legal barriers to their use. CATEGORY: GROWTH GOAL FIVE: The management of growth so that it is directed to areas where growth is desirable and can be accommodated. 5.1 Utilize the following locational criteria to designate the most appropriate location for the various Land Use Plan Categories: natural environment constraints (land slope, hydrology, flora and fauna, soil conditions) ; availability of public services and utilities; transportation system access and capacity; impact on energy resources; existing land uses; presence of, productive agricultural or forested land; appropriate population densities; and the presence of historic or cultural features. 5.2 Guide growth to achieve a maximum amount of infill development in the urbanizing areas of the County while maintaining the integritY of the existing and future open space and recreational system. The purpose of infill will be to minimize sprawl development and promote a more compact urban form. Secondary purposes will be to reduce transportation energy costs in addition to reducing public services costs. +1- 5.3 Direct intensive land uses to existing urban areas designated Transition areas and away from areas which Amended are suitable for continued agricultural uses and which 4/2/84 are protected as water supply watersheds and water quality critical areas. 5.4 Maintain the unique identity and character of rural crossroad communities in Orange County. Allow development at these locations which is appropriate for each community and will not exceed the capacity of the natural or man-made systems to support it. The following crossroad communities have locational attributes which make them suitable to accommodate new commercial and residential growth at a limited, community scale: Caldwell, Schley, the Village, Carr and White Cross. 5.5 Designate land in areas changing from rural to urban in character which could reasonably be developed to accommodate urban-type densities, but are currently not completely served by urban systems such as water and sewer lines, as Transition areas. These areas will be further classified into 10-Year and 20-Year Transition areas to reflect the most appropriate sequence of development as this area changes from rural to urban and services are extended. 5.6 Allocate development in areas designated Ten and Twenty Year Transition Areas proportional to land requirements projections. In Cheeks and Hillsborough Townships, the ratio of areas designated Ten and Twenty Year Transition to land requirements projections for residential acreage is approximately 2.5:1. In Eno Township, the ratio of areas designated Ten and Twenty Year Transition to land requirements projections for residential acreage is 4:1. In Chapel Hill Township, land designated in the Joint Planning Area Land Use Plan as Transition should accomodate the majority of the projected population increase during the plan period. 5.7 Designate the rural, low density land surrounding the urban areas, but beyond the Transition Areas, as Rural Buffer. This area will remain rural in character, will not require urban services and will maintain farming or rural non-farm residential development as the most appropriate land use. Future consideration will be given to designating Rural Buffer areas around other Towns in the County. 5.8 Designate land in the rural areas suitable for low- density residential development, but not particularly suitable for agricultural uses, that is not dependent on urban services and to which urban services will not be extended within the next twenty years as Rural Residential. 5.9 Allocate development in areas designated Rural Residential proportional to land requirements projections for the respective townships. In Little River, Cheeks, Hillsborough, Eno and Bingham Townships, the ratio of areas designated Rural Residential to land requirements projections for residential acreage is 2:1. In Chapel Hill Township, land designated Rural Residential can accommodate 9% of the projected population increase during the plan period. 5.10 Designate land in areas where the prevailing land use activities consist of agriculture and forestry and which should continue in these uses as Agricultural Residential. 5.11 Designate activity nodes of various types and functions at the intersections of major arterials and/or collectors in order to accommodate different intensity levels of commercial and industrial development. These nodes include both existing and proposed nodes. New activity nodes will be located using the locational criteria specified in Policy 5.1, in response to proposed development activity. 5.12 Utilize activity nodes to promote clustered development and to discourage strip development. 5.13 identify activity nodes as the only places appropriate for non-farm related commercial and industrial development. 5.14 Designate existing and proposed Urban activity nodes in urban areas. In the Towns of Chapel Hill and Carrboro these nodes will correspond with the "activity centers" identified by the Towns. 5.15 Designate two types of nodes in the Transition areas: Commercial Transition and Commercial-Industrial Transition. 5.16 Designate Rural Community, Rural Industrial and Rural Neighborhood activity nodes in Rural Residential and Agricultural-Residential areas. 5.17 Designate land focused on designated road intersections within Rural Residential or Agricultural-Residential areas that is appropriate for small scale commercial uses as Rural Neighborhood activity nodes. 5.18 Designate land focused on designated road intersections within Rural Residential or Rural Agricultural Areas that is appropriate for industrial activities and which has good access as Rural Industrial activity nodes. 5.19 Designate land in water supply watersheds which encircles the water 'supply impoundment and which Amended drains directly into the impoundment and into the main • 4/2/84 channels of trunk streams feeding the impoundment as Water Quality Critical Areas, not suitable for moderate to high density residential development or non-residential development. GOAL SIX: The promotion of economic development which emphasizes employment meeting local needs while preserving the character of communities and protecting the natural environment. 6.1 Provide for a sufficient amount of suitable land to accommodate the expansion and growth of commercial and industrial uses in the County. 6.2 Select industrial sites in the Transition Areas on the basis of the capacity of supporting systems, such as water and sewer lines and good highway or rail access, and the absence of detrimental environmental or social impacts. 6.3 Locate industrial sites in the Rural Residential and Agricultural-Residential areas along the U.S. 70/1-85 highway and rail corridor to take advantage of the corridor's locational attributes. A limited number of small scale industrial nodes, not requiring urban-type services, are appropriate elsewhere in. the County where good access exists. 6.4 Prohibit new industrial uses in the area designated Rural Buffer. 6.5 The Economic Development zoning district is not appropriate in the area designated Rural Buffer. 6.6 The following areas in the County are identified as appropriate for commercial uses and have been designated as Commercial Transition Activity Nodes: Timberlyne (CHT-1) ; North Office Park (CHT-2) ; Homestead Road (CHT-3) ; Weaver Dairy (CHT-4) ; St. Mary's (HB-3) ; Harmon-Young (HB-4) ; and Duke Forest (Eno-3) . 6.7 The following areas in the County are identified as appropriate for industrial uses and have been designated as Commercial-Industrial Nodes: Efland Center (CR-1); Miles North (CR-2) ; Miles South (CR-3) ; and Eno (ENO-2) . 6.8 Five Rural Community activity nodes have been designated: White Cross (BH-2) ; Caldwell (LR-1) ; Schley (LR-2) ; Carr (CG-1) ; and Village (CG-2) . 6.9 The following Rural Neighborhood Activity Nodes have been designated: Toler's Store (CG-3) ; Villines' Store (CG-4); Walnut Grove (CG-5) ; Underwood's Store (LR-3) ; Berry's Grove (LR-4) ; Harris Crossroads (LR-5) ; Fairfield (CK-4) ; Lighthouse Church (CK-5) ; Bowman what others (CR-6); Buckhorn (CR-7); Coleman Loop (HB-1) ; have been Law's Store (ENO-1) ; Adam and Eve (BR-1) ; Haw River deleted? (BH-3); +/- Calvander (CHT-6) ; and Blackwood Station (CHT-7) . 6.10 The following Rural Industrial activity nodes have been designated: Major Business Forms (HB-2) and Prospect Hill (CG-6) . GOAL SEVEN: The continued use of agricultural land and the maintenance of the farming way of life in rural areas as a viable part of the County's economy. 7.1 Protect and maintain the public economic, social and environmental benefits provided by a vital farming community. Address the problem of increasing tax burdens on agricultural lands through property tax relief to farmers under the Use Value Law. 7.2 Minimize the negative impacts of proposed public projects on farming operations and on productive farmland. Public review of projects proposed by entities which have the power of eminent domain should include explicit consideration of the impact of such actions on agricultural activity. 7.3 Minimize the relocation of bonafide farming operations caused by non-farm development. 7 .4 Provide adequate amounts of available vacant land in and near existing urban areas for intensive land uses to minimize the need for farmland consumption and direct such uses away from viable farming operations and concentrations of prime farmland. 7.5 Direct residential, commercial and industrial growth away from farming areas to minimize inflation of rural land values and tax assessment which can price farmers out of the land market. 7.6 Discourage the location of new non-farm development, particularly more intensive residential development, within farming areas to minimize the incidence of complaints and nuisance suits against farm operations. 7 .7 Provide adequate amounts of vacant land at activity nodes accessible to farming areas for commercial land uses serving the existing and future commercial needs of the farming community. 7 .8 Encourage more effective forest management practices with consideration to discouraging inappropriate clear-cutting, providing renewable energy resources and protecting wildlife habitats. 7.9 Encourage agricultural related commercial and industrial uses consistent with the zoning district Agricultural-Services (AS) to locate at activity nodes, but allow their occurrence anywhere in the Agricultural-Residential plan areas. CATEGORY: HOUSING GOAL EIGHT: Adequate, reasonably priced safe housing in an appropriate variety of types in proximity to jobs and • daily activities for all citizens. 8.1 Encourage the construction and rehabilitation of a diverse range of housing types in response to the needs of various household sizes and incomes. 8.2 Encourage the location of various housing types according to the accessibility of public services and commercial uses. Multi-family housing should be built in Urban and Transition Areas where urban-type services are available. Lower density (a minimum of one dwelling unit per acre) non-farm housing is most appropriate in rural and community areas outside of 1 productive farmland areas. 8.3 Encourage the provision of a range of affordable and suitable low-income housing by means of development incentives in order to provide a balanced housing stock for the residents of Orange County. 8.4 Support the provision of housing assistance for 1 households in need through technical assistance and • coordination with public organizations responsible for housing in the County. 8.5 Recognize the Areawide Housing Opportunity Plan as the basic guide for the allocation of assisted housing to • the County. The Housing Assistance Plans for the County and for the Towns will serve as the guide for the allocation and distribution of housing within the County. 8.6 Assist the Orange County Community Development Block Grant Program in concentrating its efforts and resources in those areas of the County occupied by low and moderate-income households and having the most severe housing and community development needs. 8.7 Support the use of individual mobile homes as a useful housing resource in the County by affording these homes the same locational opportunities as single- family units meeting the State Building Code. 8.8 Require that all new housing built or located in • Orange County meet the minimum standards specified in • the State of North Carolina Building Code, as well, as Department of HUD and FmHA standards when required. 8.9 Encourage the location of high density housing within • one-half mile of the center of the activity nodes in the Chapel Hill 10 and 20 Year Transition areas. 3 8.10 Discourage medium and higher density residential development in the rural areas of the County. CATEGORY: COMMUNITY FACILITIES, AND SERVICES, GOAL NINE: The provision of water and sewer lines in those areas which can be practically and efficiently served by these facilities. 9.1 Develop and implement a cooperative joint planning process among the County municipalities and those organizations responsible for water and sewer lines to guide the extension of lines in accordance with the land use plans and policies of the affected jurisdictions. 9.2 Establish Urban Service Areas for Chapel Hill, Carrboro, Hillsborough, Mebane and Durham which will correspond with the 10-year and 20-year Transition Areas. Water and sewer lines should be directed to those areas which contain and are appropriate for higher density levels of residential, commercial and industrial development. 9.3 Prohibit the establishment of public water and sewer Amended services in the areas designated Water Quality 4/2/84 Critical Area, except to address emergency situations. GOAL TEN: Clean and safe water supplies available and adequate to meet future needs of the residents of Orange County. 10.1 Manage Orange County's water supplies so that available resources are balanced with existing and projected needs. 10.2 Adopt and implement policies which specify land use patterns and intensities of development in water Amended supply watershed, and water quality critical areas that 4/2/84 will minimize potential adverse impacts on water quality. 10.3 Designate prime reservoir sites, based on an evaluation of water resources throughout the County, to protect those areas from adverse development impacts and to insure that inappropriate restrictions are not placed on a large population of the land area and land resources of the County. 10.4 Support programs which help to protect water quality, such as the Soil Conservation Service and Sedimentation and Erosion Control Programs. 10.5 Encourage efforts to monitor the quality of water in Orange County streams. 10.6 Cooperate with other- public and private bodies in promoting water quality legislation programs. 10.7 Support educational efforts which serve to increase citizen understanding of water quality problems and the need for water conservation. 10.8 Commercial and industrial uses are inappropriate in the University Lake and Cane Creek watersheds. +1- 10.9 Direct urban development pressures in the I-85/US 70 corridor in the Upper Eno watershed in Cheeks Township Amended. to the areas designated 10 and 20 Year Transition 4/2/84 Areas and away from the areas designated Water Quality Critical Area. GOAL ELEVEN: Adequate and appropriate sewer disposal facilities for all current and future residents. 11.1 Identify the type of sewage disposal facilities appropriate for an area as a function of the magnitude of present and future demand; the distribution of users; and the capacity of the natural environment to absorb the impact. 11.2 Identify service by centralized water and sewer systems (Towns of Hillsborough and Mebane, Orange- Alamance Water Systems Incorporated and Orange Water and Sewer Authority) as most appropriate at the higher-density levels which occur in the Urban and Transition Areas. 11.3 Develop a process to ensure that buyers of property in the County are fully informed about the on-site sewage disposal characteristics of the site on their property. 11.4 Allow on-site disposal in low-density and rural areas where soil conditions are acceptable. In rural areas with. unacceptable soils, state-approved on-site sewage • disposals systems will be required. 11.5 Facilitate the use of alternatives to the traditional septic system on land unsuitable for septic tanks and not served by public sewer. Elimination of administrative and informational barriers to the use of safe, sanitary alternative on-site-disposal systems within the County should be encouraged. 11.6 Allow ground absorption sewage disposal systems of 30000 gallons per day or more design capacity and package sewage treatment plants with a design capacity of 3000 gallons per day or less as appropriate only in the areas designated Ten and Twenty Year Transition and Rural Residential. 11.7 Develop and implement a process whereby the responsibilities and duties adjunct to the operation and management of package sewage treatment plants are specified as a requirement to the permitting process for such facilities. 11.8 Prohibit package sewage treatment plants in the areas Amended designated Water Supply Watershed. 4/2/84 11.9 Establish an on-site wastewater treatment inspection program within the portions of water supply watersheds designated as Water Quality Critical Areas. GOAL TWELVE: An efficient and balanced transportation system. 12.1 Improve and promote the use of existing highway and transportation facilities as opposed to developing extensive new conventional transportation systems. 12.2 Encourage arrangements of land uses that facilitate the expanded use of non-auto modes of travel, the increased occupancy of autos and the development and utilization of an energy-efficient transport system. 12.3 Develop alternative, safe, energy-efficient transportation systems to discourage dependence on automobiles. Encourage the provisions of bikeways, walkways and supportive facilities such as bicycle parking zones. Wherever feasible, acquire pedestrian and bikeway easements with public utility easements as long as the primary use of the easement will remain intact. 12.4 Improve transportation services for human service agency clients in the County through coordination and utilization of available resources, while maintaining or reducing present system costs. Encourage the use of private transportation providers as part of the human services system in addition to serving the needs of the general. public. +1- 12. 6 Undertake a feasibility study to (1) determine the level of need for a general aviation facility to serve the County and (2) examine locational alternatives for a facility given a determination of sufficient need. 12.7 Develop a Highway Classification System to classify • major roads by function for purposes of effective long range planning including the evaluation of highway capacity. The functional classification includes: Interstate, arterial, collector, subcollector, minor, local, private and alley. 12.8 Encourage the use of loop roads and cul-de-sacs and discourage the use of cross connectors in the Chapel Hill joint planning area in accordance with the Town of Chapel Hill's policies respecting residential neighborhood integrity. GOAL THIRTEEN: Maximum availability and use of recreational land, facilities and open space land to serve citizens at both the County-wide and community level. 13.1 Locate parks and recreational facilities close to residential areas to reduce long trips for recreational purposes. 13.2 Encourage the multiple use of existing public and institutional buildings and grounds for recreation as well as their primary uses. 13.3 Require developers to provide for adequate open space suitable for active/passive recreation in residential developments. GOAL FOURTEEN: Full and equal educational opportunities for the • residents of Orange County consistent with the wishes of the school district and the needs of the County residents. 14.1 Develop a process for the coordination of planning activities by the School Board, Planning Board and Planning Department to provide for the future space needs and appropriate location of schools to meet the long-term education needs of Orange County residents. 14.2 Require residential developers to set aside an adequate amount of acreage to meet future school facility needs. GOAL FIFTEEN: An efficient and effective solid waste collection and disposal system for Orange County citizens. 15.1 Evaluate the solid waste collection system presently used by the County in terms of effectiveness and efficiency. Recommend alternative systems or means to improve the existing system based on this evaluation. 15.2 Encourage the recycling of solid waste when feasible. 15.3 Acknowledge the value of solid waste as an energy resource and encourage recovery measures when feasible. GOAL SIXTEEN: An efficient and effective system of public safety in the County. 16.1 Ensure the provision of adequate public safety protection standards for residential, commercial and industrial development. 16.2 Include in applied site design standards for residential, commercial and industrial development appropriate road design standards to ensure adequate emergency vehicle access to the development. • 16.3 Insure that all state roads in the County receive non- duplicated names to be posted on signs at intersections and that all houses are numbered in order to improve the response time of emergency vehicles. GOAL SEVENTEEN: A land use planning process which is responsive to the citizens and communities of Orange County. 17.1 Undertake a comprehensive effort to inform and involve the citizens of Orange County in the land use planning process. The basic components of this process include: regular and special public hearings; direct citizen input to the Board of County Commissioners and Planning Board; special citizen task forces and committees to work on certain problems; and 'the Township Advisory Councils to advise the Planning Board on land use planning matters at the Township level. It will also include a systematic effort to inform and notify the general public, through special news features as well as public meeting notices in newspapers of local circulation, of significant planning activities. 17.2 Develop and implement a cooperative joint planning process among the County municipalities and those organizations responsible for the provision of water and sewer services to provide for the orderly transition from rural to urban development around the municipalities. 17 .3 Adopt the Orange County Land Use Element and Map as the long-range planning framework and guide to development in the County. 17.4 Review the Orange County Land Use Plan periodically to assure that it remains an up-to-date and workable framework for land use development. 17.5 Provide an annual status report on the implementation of the Plan to the Planning Board and the Board of Commissioners for Orange County. 17.6 Develop and implement a process for complete review of the Plan on a two-year basis which will include land use and demographic data collection and analysis, a progress report and citizen involvement to evaluate the effectiveness of the Plan and proposed amendments as appropriate. 17.7 Implement the Orange County Zoning Ordinance in accordance with the Goals, Policies and proposed Land Use Plan Map contained in the Plan. 17.8 Review of proposed amendments to the Goals, Policies and Map of the Land Use Plan and implementing ordinances will be by the Planning Board and Board of Commissioners and involve citizen participation procedures. 17.9 Develop a process to deal with requests for modification of the Plan. The burden of proof for such a change should be placed upon the petitioner seeking such action. The applicant must show that the requested change is (1) consistent with the Goals and Policies, (2) compatible with the land use pattern, and (3) in the public interest. The following sections contain the Township Plans for each of the seven townships in Orange County. These Township Plans contain a summary and analysis of the socio-economic, infrastructure], and environmental features of each township as well as the planning issues and parameters, including demographic and spatial requirements, specific to each township during the twenty year plan period. The Land Use Plan Map which is a composite of the Township Plans follows: MAY 22 '69 16:45 P.1 - FA Btytk. Q„„1.e.rk. Cer t4.2.1-1. May 22, 1989 Dear 'Commissioner, I am writing to express concern about the new consideration on rezoning land on the northwest corner of Bowden Road for multiple residences, I am unable to attend the public hearing tonight because I heard about it too late. I understand that a small sign hidden in the weeds and set too far back from the road was the only noticed given. Obviously, somebody does not want this issue made public, does not want any public discussion on the matter, and wants my elected commissioners to believe, that there is no public dissension. I am vehemently opposed to this type of multiresidence development in this area. It threatens our water, it will drastically alter the appearance and serenity of the area and there does not seem to be any reason for making developments like this since it doesn't benefit anyone except the investors. I really do not understand how rezoning can even be considered. The recent report commissioned by OWASA recommended that the watershed should not be developed any further. In addition, it recommends that if new residences must be added to this area then they should be isolate by at least 5 acres and only on land which perks well. My neighbors share my opinion and if it appears that there is little public interest tonight then it is probably because of the poor noticed given. Please consider denying any permit for this type of development in this area. Thank-you for your consideration. We will be watching with interest how you resolve this matter. Sincerely, Alan tones tones 2508 Laine Rd. 1 1112=159=144090140.amemonsamoo.............■------ ORANGE COUNTY 167 BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date May 214. 1911 Action Agenda Item # 12......./.!_g= 1)-5-1:;■ SUBJECT: SUBDIVISION REGULATION TEXT AMENDMENT (SECTION III - B CLASSIFICATION OF SUBDIVISIONS SECTION IV - B - 10 CLUSTER SUBD/VISIONS) DEPARTMENT: PLANNING PUBLIC HEARING: x Yes No ATTACBMENT(S): INFORMATION CONTACT: Mary Scearbo Proposed Amendments Extension 347 TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 967-9251/968-4501 PURPOSE: To receive citizen comment on a proposed amendment to Section III-B of the Subdivision Regulations to revise the definition of "Minor Subdivision" . BACKGROUND: Under existing regulations, no more than four lots may be created out of any one tract of land through the minor subdivision process. A "tract" is considered to be the lot-of-recor (that lot which existed at the time the Subdivision Regulations first went into affect) . Since 1981, the number of major subdivisions creating less than four lots has represented at least twenty percent of majors processed annually in Orange County, yet involves less than five percent of the total number of lots produced by the major subdivision process. Under current procedures, a one-lot major subdivision requires the same type of review as a plan proposing fifty lots, including approval of both a Concept Plan and Preliminary Plat prior to Final Plat approval. The proposed amendment would establish a twenty-four (24) month time period during which a maximum of four (4) new lots may be created from an existing lot. (The planning Board recommended that only three new lots be permitted through the minor subdivision process, with the fourth lot being the remainder. ) , There is also a proposed revision in Section IV-310 Cluster Subdivision. This is a minor change to : 166 ORDINANCE REVIEW COMMITTEE: 4/18/89 PLANNING BOARD REVIEW: BOCC REVIEW: 165 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 DV 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. • - I - 164 *- PROPOSED ORDINANCE AMENDMENT ORDINANCE: Zoning Ordinance REFERENCE: Article 7.20.43 - 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 7.20.43 of the Zoning Ordinance to be consistent with the proposed amendments to Article 12 regarding screening requirements. IMPACTS/ISSUES: Article 7.20.4.3 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) 163 (h) Xennels 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. (j) Community Center - as. required in Section 8.8.13 with a thirty (30) foot buffer. (k) Commercial Cemeteries - Type 3 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 'rank.; 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. (a) Recreational Facilities - as required in Section 8.8.21 with a twenty (20) foot buffer. . (r) Waste Management Facility, Hazardous and Toxic Use - Type A with additional requirements in Section 8.8.22. (s) Planned Developments - as required for the zone in Section 12.10 for corresponding zone. • • 12-B F62 - At installation, large trees shall be not less than ten (10) feet high; small trees not less than six (6) feet high; large shrubs not less than twenty-feur (24) inches high; and small shrubs not less than fifteen (15) inches high. In any event, plant material required for the purloose of landscaping and/or screening shall be of such initial size to reach the recuired height within tow (2) growing seasons after iestallation. Ecrticulturally 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 eropereaintenance of all landscaping materials, and • shall keep them in a ;roper, neat and, orderly autearance, 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 All 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 sutfi- . cient height and design to effectively screen the facility from the view from adjacent residential uses and streets, and from adjacent eroperties. 12.13 ?eouirements for Special Use 1=ermits, The following Special Uses shall provide screening as required below or as required in Section 12.10; (a) Extraction of Earth Producet - as required in Section 8.8.1 with a one hundred (100) foot buffer, • (b) Landfills - as remixed 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. General AViation Airports, STOL and Eeliports - as required in • Section 8.8.8. (f) Adult Uses - Tye A with a thirty (30) foot buffer (g) junkyards - As required in Section 8.3.10 with a thirty (30) foot buffer. • 17-7 • • 161 12.11 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 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 top soil. (See Figure 12.3 and Figure 12.4) b. Plants shall be planted in their permanent location immediately upon receipt. Most 'varieties should be planted so that the top of the ball is one and one-half inches (11/2") 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 ball after the plant is in the hole. The soil around the plant should be tamped to remove air 'sockets. Mulching with a good mulch 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 tine and once a week (unless soPking rains occur) thereafter during the first growing season. e. Deciduous trees and shrubs should be cut back to between one-half ' (1/2) 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 (21/2) 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 compatible with surrounding properties in' the style of the layout • and materials used. Tables 12.1 through 12.6 provide a listing of acceptable plant materials which are adapted to the local climate and soil conditions. ?To synthetic plant materials may be used to satisfy the landscaping requirements. • 12-6 cc co cc cc d Q d < d d ¢ Q 160 cc cc cc as as ¢ ¢ d d L.; 0 aC 9 N 111 C7 cc 41 C7 0 U 0 CO C7 W U, M I- CO CO cc 0 C.7 Z c.7 v ¢ 0 CO CO m cc CO ¢ N Z - CO CO CO CO ¢ W • W cC d Co cc ¢ ¢ ¢ cc ¢ ¢ Q ¢ ¢ W a c cc cc cc Q Q ¢ cc Q d Q ¢ ¢ Q W u1 1c N cc cc ¢ Q 4 d ¢ ¢ ¢ 4 ¢ ¢ cC a W -J co CO CO d d d d d d d d d d d d cC 0 cc ¢ ¢ ¢ d d d ¢ ¢ ¢ d d d cC LU U N 0 0 ¢ ¢ Q d < d d d Q d d Q ¢ ¢ ' C c < ¢ Q Q ¢ Q Q ¢ Q ¢ d d ¢ cc d ¢ < cC < < < ¢ Q < < ¢ d d d d i G gco Q ¢ ¢ d 4 ¢ d ¢ ¢ Q d 4 d cc d M . ' •�11 ++ M •T W. co N M C ++ 1 1 1 1 I G cC c'L 1 1 1 ! I CC J Z V 0 W 0 1�1 - N t-'1 Q W LL 1^+ CC D:' C.' CC CG V T.J ¢ O.' i ttI CO 'O 1 m L;1 101111510 ON 1 NOZ 113Sf 03S0cl01Jd1/ E o 12-5 159 • 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 bettermateriala 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, Tyue "A?: A screen that is =ague from the ground to a • height of at least six (6) feet, with 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 tatterns that will achieve this standard • are included in Figure 12.1. • b. Tyme "s": A screen composed of intermittent visual obstructions from the ground to a height of at least fifteen (15) feet. - 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 or various combinations of wall, fence, land.scapted 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 ' Avtlication of Screening 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 requirea, identify the zoning district in which the reposed use is to be located, then identify the zoning district in which adjacent uses are located. The type of screening reouired is identified at the intersection of the two collmns. (See Section 12.10 - Table of Screening Requirements) • • 12-4 1..■••■■=1•101161 4 a. A landscaping area at least tan (10) feet in width 158 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) fees in height shall be planted or erected agacent 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. 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 with a natural mulch of a minim= 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 vehicular 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 Coverage 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, haw- ever,• no more than ten (10) narking 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 oe separated by a median strip for landscaping and pedestrian purposes of not less than eight (B) feet in width. Such median strips shall be planted with at least one (1) tree per median strip excpet that one (1) tree for every sixty (60) feet or fraction ;hereof shall be planted in median strips that exceed sixty (60) feet. • Planting required by Sections 12.4 and 12.5 shall not be considered as ;art of the interior landscaping requirement. 12-3 157 No building permit shall be issued until the required landscaping plan has been submitted and approved, and to 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 tlan aptroval by the Board of County Cammissionera 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 12.13) , the requirements must be included in the site tlan as required in Section 8.8.a. or on an attached • Landscape Plan. • 12.4 .Street Frontame Landscaping Recuirements 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, read 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 landstame-carrier. Walls may also be used where, in the opinion of the Zoning Officer, the proposed type of wall material and the proposed design would be in compliance,with the intent of this subsection. . A combination of hedge, other' durable landscape naterial, 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 three '(3) inches. 12.5 Perimhe,.al Coverage Requirements add4t4on to the reauirements of Section 12.11, peripheral landscaping • shall be provided along the side of an off-street parking, loading or othe vehicular use area that abuts adjoining property not aright-of-way. Such landscaping shall be provided-as follows: 12-2 1 EXIST/MK; CHWIMUUWCE PROVISIONS: ARTICLE L2. LANDSCAPING AND SCREENING REQUIREMENTS 15 6 * 12.1 Intent • Landscaping and screening recuirements 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 nropermies; and to promote the public health, safety and welfare through the reduction of noise pollution, air pollution, visual pollution, air temperature extremes, stormwater 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 Approve/ Whenever any property is affected by these landscape and, screening require- ments, the property owner or developer shall submit a plan for review and approval by the Zoning Officer. The Zoning Officer shall follow the requ4re. 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 properties; c. The layout of all off-street narking and loading areas, including the location of entry and exit points, the internal vehicular circulation pattern and the location and dimension of required 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; f. The location of walls, 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 subsequently revised. • • 12-1 1155 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. Al]. 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 far the specific location of the pant 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 21Ant materials is encouraged. No synthetic plant materials may be used to satisfy the landscaping requirements. At installation, trees shall be not less than six la feet, tall: with a caliper of three fourths (3/4) to one and one- fourth (l 1/4) inches. Shrubs should not be less, than. fourteen (14), in hes 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. Al]. 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. 1-24 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 S. 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 la of the ball after the plant is in the hole. The soil around the 154 1 districtIsl and/or, land uses. At the intersection of the two columns j . letter which indicates the type 2f Land use . Buffer required.. For the purposes of this Article, "adjacent" land use's shall, also include uses and lands across a street, other than an interstate highwav,. 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 Ag Inventory of Sites of Cultural, Historic, Recreational, Biological, and geological Significance in the Unincorporated Portions of Orange County. The type gf buffer required, in those, cases shall, be determined: by the Planning Director based on individual site evaluations. The following ig a list of other specific land uses not included in the Schedule of Required and Use Buffers. The . type buffer listed with each is the minimum buffer whichADay be requIred. Other types 2f buffers, from Article 12.e rev kg. reauired 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 • S27 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 rpm& right-of-way lines. • a. Extraction of 'Earth Products - as required in Section 8.8.1 with a one hundred (100) foot buffer, Tygg f, b. Landfills - as required in Section 8.8.2 with a one hundred (100) foot buffer, Type, L. c. Public Utility Stations and Substations, Water • Treatment, Sewage Treatment, Switching Stations, • Telephone Exchanges-Tvpe B with a Landscape Plan as • required in Section 8.8.3. d. 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Type D ' 50 feet Same as Ty21 C. A buffer composed of HredolnAttly at least 75%1 evergreen megAtAtim that IA opaque to a hAlght 21 at IAAAt thirty, 2x29 I 75 feet /311 feet. Type F log feet Same as Type E. ...**11.■*•1•••■■ 12.6.2 Schedule of Required LAAd Use Buffers The type of Land Use Buffer required 12AtgAen a =ma ts4 development, and adjacent EtrjejAt AI. lend uses, and/or zoning designations shall be specified in the following table. Tlis, type of buffer required, is determined 32Y the existing aaaLam pxoposed pskricipi e. use(s) on the lot(st 12g Alte plan approval IA requested. To determine which, type, of gj LP_ required adjacent to an existing and/or prap_c_____Ised land use. 1510AtifX the existing and/or proposed principle. REEL11 Qr& thft lot(s), then identify, the adjacent existing z_ji1.11..al An opaque screen is intended to obstruct visual contact between uses and to create a strong impression Q . separation. A semi-opaque screen j , to partially block visual contact between uses while maintaining a sense of spatial separation. In areas of dense mature forest, existing vegetation may be used to fulfill the buffer requirements. Where there is np. existing vegetation in the buffer, area, or if the existing vegetation does not provide a sufficient buffer. additional planting shall be required. Compliance of planted vegetative buffers will be iudged on the basis of the average height and density Q . 2f the subject species upon maturity. Compliance of existing vegetative buffers will be iudged on the basis 21 field observation. Upon maturity, the semi-opaaue 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 reauirements of Article 12.6.1 shall be installed and maintained in accordance with the provisions of Article 12.8. , • 8149 12.5 . Land Use Buffer. Requirements Land. Use Buffers shall be required to separate a pLuggsed . land use from adjacent major streets and different land uses • gr zoning designations in order to prgtegt„. piftapsmft ALIA Promote the visual appeal.. character and value. of the • . proposed land use and/or surrounding prgpertyl to provide for the separation of spaces, creatina a sense of privacy; to promote the public health, safety and welfare by minimizing Potential nuisances such as the transmission of noise, odor,, • dust. litter, glare of lights. and other unpleasant visual distractions. • Except as otherwise specifically provided in this Ordinance,, the type of Land Use Buffer required between, a proposed development and adjacent streets. land use . 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 Location and Utilization of Land Use Buffers I , Required Land Use Buffers, shall be located along the interior or street lot lines nearest the adjacent street$,. land uses and/or, zoning designations. Buffers shall not be located gn any portion of en existing or proposed street right-of-wav, drainage or utility easement. No building or structure, of any type shall hp. erected, constructed or installed in a reauired Land Use Rafter... 12.5.2 Designation of Land Use Buffers A required Land Use Buffer shall be designated site, plan and shall have the following restriction lettered on thelace 2f • the site plan: "Land Use Buffer: The use and maintenance p . buffer, . and the building of structures, thereon, j . Pursuant to Article 12.5 of the Orange County. Zoning 1 i Ordinance." . . . In addition, the Land Use Buffer shall be leheLejd according • to type and dimension. . 12.6 Standards For Required Land Use Egffers . 1 The types of Land Use Buffers, described in the following • table are to be used as the basis for the ganftdnil 21 Required Land Use Buffers set forth in Antic...1g 12.„A„.1„, i . 4 8‘ 7 intervening building or structure from abutting property or when differences in topographic elevation eliminate visual impact to adjacent roads or properties. lb) 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 hy this ordinance shall not be located in drainaae, access or utility easements, under overhead power lines or in sight trianales 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 desianed 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. 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 three (3) inches. 147 6 along the interior 2f side and rear lot lines of each lot being developed. If the existing trees Are not sufficient, t)le Applicant shall provide minimum 21 2nA (1) tree per one thousand (1000) square feet of land contained within the 10. foot landscape area. al Trees to be planted within recreation and, open space areas, and side and rear yerd landscape areas shall be installed to reflect the natural growth patterns of materials, selected. Tree species shall be spaced j , manner which permits full, spread of . glig 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 by thg Planning Department. (3) When buffers, as required hy Article 12.6, or approved utility and drainage easements overlap 2r cross the ten foot landscape, area . 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. 121 Where parking/vehicular surface, outdoor storage, or An undesirable view is adjacent tp, the road Eight=2i=KAY and side and rear lot lines, to screen undesirable views, additional plantings shall be required for screening. • (1) A landscape area at least ten (10) feet in width exclusive of drainage And= utility easements shall bg provided between, the atiricui---ar i . surface or outdoor storage and the right-of-way lot line except where permitted driveway openings are to be provided: al 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 Par the purpose of reducing plAtA.And visual distractions to pmaing m2t2glet1 And to AdighInt properties, ill To screen outdoor storage area . gndelirAhlg views. a six foot hedge MAY hg rgallimgd,. A fence, wall, or earth berm mAy, bg used in combination with plantings to achieve screening, LAI The provisions 2f this subsection hAll not )2.0. • applicable in the following AitnetignA, iAl Where any off-street parking, loading or other vehicular use area will be entirely screened visually, from any point of view, by an 1 1 — 146 5 values are forty (40) feet for large trees and twenty-five (251 feet fgr small trees. Each lot must have one (11 large tree per street frontage (value of 40 feet) . The number of trees to be planted on the remaining frontage (total frontage !!! less value for one large tree) is determined by dividing the remaining frontage by the value(s) assigned tn. 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 REQUIRED LARGE TREE 40 feet EQUALS: REMAINING LOT FRONTAGE 90 feet OPTION All 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 (2) 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. L1 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. ibl Lot Perimeter ill Where a Land Use Buffer is not required. a landscape area ten (10) feet in width exclusive of drainage and/or utility easements shall be provided 1 1445 • circulation pattern and the location and dimension of required parking and loading spaces; d. Natural, features such as streams. water bodies, rock outcroppings, 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) , spacing, and size; 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, letter of credit., or escrow agreement aa 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 12.13), the requirements must be, included in the site plan as required in Section 8.8.a. or on an attached Landscape Plan. 12.4 Landscaping Standards Where construction is proposed, either on unforested land 2m trees have been approved for removal under one gg mgml 21 thg exceptions listed in 12.2.3, new trees shall be planted in accordance with the, provisions of this gegtign, 12.4.1 Reauired Landscaping a. Along Street Frontage, ill As a requirement of site 21d mmaL. tbs. applicant shall plant trees along the frontage el the lot(s), to be developed. In calculating the number of trees required per lot IrgnzAag., tmE • types have been, assigned a labia in jr latt based on the average mature canopy spread, The 141 an existing or proposed entrance/exit is located. A stabilized open area should be designated far storage of materials (including stockpiling of soil and aravel) and for Parking construction vehicles and equipment. Except for sidewalks and curb and gutter, no paving with concrete, asphalt or other impervious material within the drip line of trees to he retained shall be allowed. Where aradina within a tree drip line cannot be avoided( the following measures shall be used to maintain the life of the trees affected by arading: La). Limit cut and fill to one-fourth (1/4) to one-half 11/21 of the area within the drip, line of the tree. (b1 Avoid cut and fill around the entire circumference of the trunk of the tree. lal Root prune a tree several months prior to any cuts within the drip line: (d) Prune tree limbs in an amount which reflects the area of the roots to be severed, but in no case allow pruning to exceed thirty percent (30%) of the tree crown. Fertilize and water the undisturbed root area of the tree; La). Where grading has left roots exposed, cut roots clean: and (f) Avoid filling within the drip line of a tree without some mechanism being installed such as a tree well or perforated pipe to allow water and air to reach the roots. 12.3 Plan Review and Approval 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 where known, storm drainage and refuse storage 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 2 area; front, side and rear yard setback areas:, and Land143 Use Buffers as required by this Ordinance. If no side and/or rear setbacks.' are required, the Primary Tree Protection Area' shall be ten (10) feet 12.width. (b) Secondary Tree Protection Area. Any hgrtign of a lot not included within the Primary Tree Protection Area. 12.2.3 Exceptions Upon 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 Planning Director shall determine when such hardships exist and may designate areas that may be exempt from tr&A protection and may approve replacement of trees removed from such areas. The Planning Director, may approve the planting of new trees 'j . or, more of the following exists: • (a) Necessity to remove trees j , to survey existing and/or proposed property lines and easements; • /121 Necessity to remove diseased trees 2r trees, weakened hy ace, storm, fire, or other iniuryl / 1 Necessity, to remove trees in order to construct proposed improvements. al a result p . need foy acsals of construction equipment around proposed, buildings. lila • need for construction access to the lot, and the, need t.2 alter the existing grade of the site or to install utilities and/or, drainage structures; and •/ 1 Necessity to observe good forestry practices, i.e. , th_q . number of healthy, trees that a given parcel g . will support. All applicable exceptions to tree protection must be listed on the required landscape, plan., 12.2.4. Protective Measures During construction activities, adecuate protective mAAAnnAl shall be provided to minimize damage to existing trees and other vecetation. Protective devices such as a wooden gm rope fence with strips 2f surveyor's flagainq attached shall hp. installed prior to any cradinc, construction =Ilia .OK activity takina plege near trees to be retained. Such protective devices shall effectively prgtagt hft roots,, trunks, and tops of trees to be retained, and shall hp maintained until all work has been 22m2lAtmilu Construction traffic. storage, 2f yAn121AA And MAnAKIA114. And grading shall not .take mlaga within the drip lina Q . to be retained. Construction access to a gitft should g2gar where ARTICLE 12. LANDSCAPING AND BUFFER REQUIREMENTS 12.1 Intent 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, soil erosion, and glare from vehicle headlights and exterior lighting fixtures. The intent of this ordinance shall be achieved through the preservation of existing vegetation and the addition of plantings where necessary to meet the minimum requirements set forth in this Article. Existing vegetation may be used to meet the requirements of this Section, provided,- however, use of such vegetation will be determined by site inspection by Planning Department personnel. 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 Vegetation On Any land for which application for site plan approval has been made after the effective date of this ordinance, no pgragn„ firm or corporation shall remove or cause to be removed any trees or other vegetation except in accordance with approved clans. 12.2.2 Designation of Tree Protection Areas Existing trees, regardless of size, shall not be cut or otherwise damaged or destroyed within a primary tree protection area and existing trees having a diameter of one (1) foot or greater, as measured four and one-half (4.5) feet above around level, shall not be cut, damaged or destroyed within a secondary tree protection area as defined as follows: jai Primary Tree Protection Area. That portion of a lot which is to be used for required recreation/open space PEMEMfa, 141 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 AMENDMtNT: 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-3-8 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- ments in the two ordinances essentially the • same. Portions of Section IV-S-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. N 1 140 areas and require a minimum number of trees on lots for which site plans have been submitted. The schedule of required buffers between land uses and the standards for those buffers have been substituted for the existing screening requirements. Illustrations of recommended buffer standards from Appendix 0 of the Subdivision Regulations will replace Tables 12.1 and 12.2 of the Zoning Ordinance. The proposed amendments to Article 12 will make the landscape and buffer requirements in each ordinance essentially the same. Article 7.20.4.J, Landscaping and Screening (Mobile Home Parks), is the only section of the Ordinance which refers to a specific requirement contained in Article 12. The language of this section will be amended to reflect the proposed buffer standards while maintaining the original intent of the buffer around mobile home parks described in Article 7.20.4J. RECOMMENDATION: The Planning Staff recommends approval of the proposed amendments. emirate;,.,* „a, ..r:: ..,t. .:.. ... . ......... _......... ORANGE COUNTY PLANNING DEPARTMENT ft 3 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 le NOTICE OF PUBLIC BEARING ON THE ASSIGNMENT OF HOUSE NUMBERS AND PROPOSED AMENDMENTS TO THE BONING 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, 1989, at Hillsborough, North Carolina, on Monday, May 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 of ednassignedexisting rural box numbers to a system permanently 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 00r 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 Givens 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/LUP-9-89 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: Section 2. County-wide profile; Section 3. Land Use Plan; and 4 = 00: 5 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 AMENDMENTS 1. Z-5-89 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 Ri 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-6-89 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, 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 from areas described above proposed to be rezoned fro t e 6 Neighborhood Commercial (NC-2) to Local Commercial (LC- 1) . 3. PD-1-89 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 7.20.47 -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: 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 tioi 7 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. Publish Dates: May 10, 1989 May 17, 1989 Marvin Collins Planning Director